3-26-042 FMLA RFP FINAL.pdf

Request for Proposal (RFP) #26-042 Family Medical Leave Act (FMLA) Administration Services For: Walworth County Human Resources

Schedule of Events:

Proposal Issued: March 26, 2026 Questions Due: April 9, 2026 3:00 p.m.

Final Addendum Issued: April 13, 2026 Proposals Due (Closing Time): April 22, 2026 10:00 a.m.

Presentation/Interviews: Week of May 18, 2026 Contract Award: June 18, 2026 Anticipated Contract Start: November 1, 2026

This schedule is in local time and is provided for your information and planning purposes. Although every effort will be made to follow this schedule, we reserve the right to modify the dates as necessary.

Contact Information:

Purchasing Agent: Melissa Rompesky, Senior Buyer Address: Walworth County Purchasing

100 W. Walworth Street Elkhorn, WI 53121

RFP 26-042

FMLA ADMINISTRATION SERVICES

Table of Contents Schedule of Events

I. POSTING OF SOLICITATION

II. INVITATION

III. BACKGROUND

IV. STANDARD TERMS AND CONDITIONS – WALWORTH COUNTY

V. EXAMINATION OF SITE AND PROPOSAL DOCUMENTS

VI. PRE-PROPOSAL MEETING AND PROJECT SITE TOUR

VII. PROPOSER QUESTIONS / REQUESTS FOR EXCEPTIONS OR CHANGES

VIII. SUBMISSION OF PROPOSAL

IX. ELECTRONIC MODIFICATION OF PROPOSAL

X. WITHDRAWAL OF PROPOSAL

XI. PROPOSER SUPPLIED DOCUMENTATION / MATERIALS

XII. TERM OF CONTRACT

XIII. PROPOSER QUALIFICATIONS

XIV. PROJECT SCOPE / SPECIFICATIONS

XV. STAFF EXPERIENCE AND RESUMES

XVI. REFERENCES

XVII. EVALUATION CRITERIA

XVIII. INTERVIEWS AND/OR PRESENTATIONS

XIX. AWARD

XX. ADDITIONAL SERVICES

XXI. SUBCONTRACTING/SUBCONSULTING

XXII. EMPLOYEES

XXIII. WORK HOURS

XXIV. PRICING

XXV. PRICE ADJUSTMENTS

XXVI. INDEFINITE QUANTITY

XXVII. EQUITABLE ADJUSTMENT

XXVIII. INVOICING

XXIX. PAYMENT

XXX. REJECTION

XXXI. DEFICIENCIES

XXXII. ACCEPTANCE

XXXIII. CONFLICT OF INTEREST

XXXIV. “PIGGYBACK” CLAUSE

XXXV. CONTRACT REVIEW

XXXVI. NONDISCRIMINATION / AFFIRMATIVE ACTION

XXXVII. WORK/SITE RULES

XXXVIII. COMPLIANCE WITH LAWS

XXXIX. INSURANCE REQUIREMENTS

XL. CANCELLATION

I. POSTING OF SOLICITATION

All Walworth County solicitations are posted on the County’s Bonfire Portal at:

walworthcountywi.bonfirehub.com. To ensure notification of future opportunities with Walworth County, Proposers must be registered. Proposers may register for an account with Bonfire at no charge.

NOTE: Walworth County will make no attempt to contact Proposers with updated information. It is the responsibility of each Proposer to periodically check the portal for all notifications, releases, and addenda associated with this solicitation.

II. INVITATION

Walworth County is accepting sealed, electronic Proposals submitted through the Bonfire Portal from qualified firms for Family Medical Leave Act (FMLA) Administration Services for the Walworth County Human Resources Department, hereinafter referred to as the “County,” in accordance with the specifications stated and/or attached herein/hereto. The successful proposer will hereinafter be referred to as the “Contractor.”

Sealed, electronic Proposals will be received until 10:00 a.m. local time on April 22, 2026. Late responses will not be accepted. All responses will be recorded by purchasing staff shortly after the deadline.

III. BACKGROUND

Walworth County, established in 1839, has approximately twenty (20) departments with an annual budget of $151 million. The County operates under the traditional Board of Supervisors form of government with an Administrator responsible for day-today-operations, policy fulfillment and planning for the future. In addition, there are approximately 13 oversight committees that have policy oversight responsibilities for various County departments.

Walworth County is located in Southeastern Wisconsin and is one of the oldest counties in the state.

Walworth County employs approximately nine hundred twenty-five (925) management, professional, technical, administrative, clerical and general labor employees (excluding limited term, seasonal and casual part-time employees) with approximately 240 job classifications. K-12 school staff as well as employees on multiple rotating 24/7 schedules are included in the employee population.

The County’s WIFMLA/FMLA procedures are currently centralized and managed by an outside vendor responsible for receiving and processing requests, determining eligibility, providing rights and determination notices, managing and tracking WIFMLA/FMLA, communicating return to work status, communicating changes in regulations, providing on demand reports, etc. With medical certification, the County may offer additional leave beyond WIFMLA/FMLA and that leave process is managed by the County’s Human Resources Department.

The County administers WIFMLA/FMLA on a calendar year, with an interest in investigating a possible transition to a rolling year for its employees.

The County has restrictions on secondary employment by employees who are on sick leave, medical leave or WIFMLA/FMLA leave for their own illness if the secondary employment is inconsistent with the reason for the leave or not approved in advance and requires assistance with the application of their policies in this area.

The County currently counts workers compensation time off against an employee’s WIFMLA/FMLA benefits.

The County offers at the employee’s election and expense, Long Term Disability coverage.

https://walworthcountywi.bonfirehub.com/projects

IV. STANDARD TERMS AND CONDITIONS – WALWORTH COUNTY

The Standard Terms and Conditions of Walworth County are made a part of this Request for Proposal (RFP) by reference. Standard Terms and Conditions are available on the internet, under the Purchasing Division on the Walworth County Home Page or by clicking on the following link:

http://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF

Documents are also available, upon request, by contacting the Purchasing Agent listed in this solicitation.

V. EXAMINATION OF SITE AND PROPOSAL DOCUMENTS

Proposer is required to carefully examine the Request for Proposal, the scope of work, the site of the work, and the contract contained herein. It will be assumed that the Proposer has investigated and is satisfied as to the requirements of the RFP documents. It is mutually agreed that the submission of a Proposal shall be considered as conclusive evidence that the Proposer has made such examination and is satisfied as to all the conditions and contingencies.

Pleas of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the services under this RFP as a result of failure to make the necessary examinations and investigations will NOT be accepted as:

• An excuse for any failure or omission on the part of the Proposer to fulfill, in every detail, all of the requirements of the RFP, or

• As a basis for any claims whatsoever for extra compensation, or

• For an extension of time.

All labor, equipment, parts, items, details of services or features not specifically mentioned which are regularly furnished to complete these types of services will be furnished at Proposal pricing and shall conform in quality, workmanship and service to that usually provided by the practice as specified in this RFP.

VI. PRE-PROPOSAL MEETING AND PROJECT SITE TOUR

A pre-proposal meeting is not scheduled for this project. Interested proposers should inspect this request document. Any questions or request for clarifications as outlined in Section VII. Proposer Questions / Requests for Exceptions or Changes.

VII. PROPOSER QUESTIONS / REQUESTS FOR EXCEPTIONS OR CHANGES

Proposers should request interpretation or correction of any ambiguity, inconsistency, or error in RFP requirements.

Consideration will be given to a Proposer’s request for a change if any of the terms and conditions of this RFP are not in full accord, or if changes, alterations, additions or deductions are necessary for your firm to be compliant with the specifications and submit a response. Any requests for changes, clarifications, etc., must be submitted in writing using the “Messages” feature under this Project in Bonfire at:

https://walworthcountywi.bonfirehub.com/opportunities/222990.

Questions must be received no later than April 9, 2026 at 3:00 p.m. You will not be able to initiate messages to the Buyer after this time.

Unauthorized Proposer contact regarding this RFP with any County employee may result in disqualification of Proposal. Any oral communication will be considered unofficial and non-binding. Proposers shall rely only on written addenda issued for this opportunity.

http://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF https://walworthcountywi.bonfirehub.com/opportunities/XXXXXX

Any changes made as a result of a written request will be issued via addendum and will be posted to the Bonfire Portal. Proposers are responsible for monitoring Bonfire Portal. Each addendum forms an integral part of this RFP and contains important information which may include significant changes to this RFP. Proposers are responsible for obtaining all addenda issued by the County prior to the opening date. The County will make no attempt to contact bidders with updated information.

VIII. SUBMISSION OF PROPOSAL

Proposers, by submitting a response to this RFP, certify and agree to meet all the requirements as stated herein. A Proposer must state in their response if they are unable or unwilling to meet any requirement.

Inability or unwillingness to meet any requirement, in part or in whole, may be cause for disqualification. Any exceptions taken by the Proposer must be clearly identified in the proposal.

Proposals shall be irrevocable until Contract award unless the proposal is withdrawn. Proposers may withdraw a response at any time until the submission deadline.

Proposers shall assume full responsibility for ensuring electronic delivery of proposals before the RFP deadline.

Proposers should allow sufficient time to complete the electronic submission by the date and time specified.

Walworth County will only accept electronic submittals in response to this RFP. All proposals must be submitted electronically using the Bonfire Portal by the time and in the manner prescribed. Bonfire will serve as the proposal collection destination.

1. Prepare your Proposal submission materials:

Requested Information:

Group Name Type # Files Requirement

Acknowledgements, and Exceptions

There are various questions to acknowledge/respond to

N/A

Required

Exceptions

Proposer to list any exceptions to the minimum requirements. If none, disregard

PDF (pdf.)

Optional - Required only if exceptions are taken

Proposer to list any exceptions taken to the terms and conditions of the contract. If exceptions are taken, cite the page number, the paragraph involved, the exception taken, and state alternative language

PDF (pdf.)

Optional - Required only if exceptions are taken

Group Name Type # Files Requirement acceptable to the Proposer.

If none, disregard

Cost Proposal

Cost Proposal (BT-69EH)

BidTable:

Datatable

Technical Proposal

Proposer Response (Q-

05AP)

Questionnaire:

Excel (.xlsx)

Attachment B – Technical Response Word (.doc) 1 Required

Staff Resumes PDF (.pdf) Any/Multiple Required

Samples of reports provided as described in Project Scope/Specification, section 2(d)(i-ix)

Any

Any/Multiple

Please note the type and number of files allowed. The maximum upload file size is 100 MB.

Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

Response templates and/or forms are available for downloading on the Bonfire Portal at:

https://walworthcountywi.bonfirehub.com/opportunities/222990

Requested Document(s):

Provide all documents as listed in the Requested information.

Requested Questionnaire(s):

Questionnaire(s) can be obtained from the above linked project.

Please note that Questionnaires may take a significant amount of time to prepare.

Requested Cost Proposal:

You will need to complete the Cost Proposal online in the browser. The Cost Proposal can be completed any time during your submission, however it must be completed all at once to submit and finalize. You may edit the submission before the due date. Please note that Pricing Sheet may take a significant amount of time to prepare.

2. Upload your submission at:

https://walworthcountywi.bonfirehub.com/opportunities/222990X

Important Notes:

a. Each item of Requested Information will only be visible to the County after Bid Closing Time.

b. Uploading large documents may take significant time, depending on the size of the file(s) and your

Internet connection speed.

c. You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

d. Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript and browser cookies must be enabled.

e. The County is not responsible for any delays associated with the electronic submission of proposals through Bonfire Portal.

f. Proposals may not be transmitted orally, in person, by mail, by email or fax machine.

g. All proposals shall be valid for a period of ninety (90) days after the scheduled time of closing.

Proposals shall remain firm and may not be withdrawn during this ninety (90) day period.

h. All Proposers, by submission of their response, agree to abide by the rules, regulations, and procedures of the County.

Need Help:

Walworth County uses the Bonfire Portal for accepting and evaluating proposals digitally. Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. You can also visit their help forum at https://vendorsupport.gobonfire.com/hc/en-us.

Proposers shall assume full responsibility for ensuring electronic delivery of proposals before the RFP deadline.

Proposers should allow sufficient time to complete the electronic submission by the date and time specified.

IX. ELECTRONIC MODIFICATION OF PROPOSAL

Proposals may be modified electronically using the Bonfire Portal provided such modification is made prior to the closing time for receipt of proposals.

X. WITHDRAWAL OF PROPOSAL

Proposals may be withdrawn electronically using the Bonfire Portal provided such withdrawal is made prior to the closing for receipt of proposals.

XI. PROPOSER SUPPLIED DOCUMENTATION / MATERIALS

All material submitted by the Proposer in response to this request, become the property of Walworth County.

The County is a unit of local government obligated to comply with Wisconsin’s Public Records Law, Wisconsin Statutes secs. 19.31 through 19.39. The presumption under the law is that public records shall be open to the public unless there is a clear statutory exception, unless there exists a limitation under the common law, or unless there is an overriding public interest in keeping the public record confidential. As such, proposers should assume that their submitted proposal will be subject to disclosure under the Public Records Law.

A proposer responding to this request should not include any Confidential Information, proprietary information or protected trade secret(s) as part of its proposal unless the proposer designates the specific information that it maintains is proprietary or trade secret and the reason(s) for such designation in a separate document, and identifies the specific information when it occurs within the proposal.

The County reserves the right to make determinations of Confidential Information when responding to public records requests and complying with Public Records Laws. Designation(s) of Confidential Information in no way guarantees that designated information will be kept confidential under the provision of the Public Records Law. Simply placing a confidential notice in the header or footer of the submittal does not satisfy the https://vendorsupport.gobonfire.com/hc/en-us/sections/6832852006551-Creating-a-Submission https://vendorsupport.gobonfire.com/hc/en-us designation requirements. Proposer is not entitled to notification prior to release of information. In no event will price be deemed confidential.

Generally, proposals are available for public review after the County has awarded a contract.

XII. TERM OF CONTRACT

A contract will be awarded to the successful Proposer. The term of the contract shall be for a period of three

(3) years, with services beginning on November 1, 2026. The contract may be extended for two (2) additional one (1) year periods, under the same terms and conditions, and by mutual written consent of both parties.

XIII. PROPOSER QUALIFICATIONS

Proposer’s responding to this Proposal must meet the following qualifications:

• Proposer shall have a record of performance with reasonable financial support, personnel and organization to ensure that they can satisfactorily execute the service required and specified herein if awarded. Proposers who have failed to perform in the past may not be considered for award.

• Proposer must possess a minimum of three (3) years of verifiable experience doing business as a Family Medical Leave Act (FMLA) Administration Services provider. Experience should include accounts equal to or larger than Walworth County’s requirements in size and scope of this request for proposal.

• Experience providing services to a government entity is preferred.

• Proposer must be properly licensed to do business in the State of Wisconsin, which includes being registered with the Wisconsin Department of Financial Institutions (DFI) if respondent is required to be registered. If respondent is not required to be registered with DFI, provide supporting reasoning in comments.

• Proposer may not be debarred from conducting business with the State of Wisconsin or Federal Government with the effective dates of this project.

XIV. PROJECT SCOPE / SPECIFICATIONS

The selected Proposer shall provide comprehensive Family Medical Leave Act (FMLA) Administration Services for Walworth County. Services must ensure consistent, compliant, and efficient administration of all FMLA requests. In addition, the selected Proposer shall provide the Walworth County Human Resources department staff with training on FMLA policy and procedures to be used at the sole discretion of Walworth County.

The following anticipated services represent the minimum requirements and are not intended to be comprehensive. The Proposer shall provide all services necessary for effective FMLA Administration as described herein.

1. Service Capabilities/Customer Service:

a. Demonstrative ability to handle high volumes of leave request efficiently.

b. Provide a customer service call center and/or help desk, including bilingual services.

c. Conduct all work in a professional, orderly, and businesslike manner.

d. Maintain a strong customer service focus, with the ability to work directly with both employees and management.

e. Assist with employee educational efforts and be available for review meetings with management as needed.

f. Provide a reliable method for answering management and employee questions within a reasonable amount of time. A dedicated account representative or contact is preferred.

g. Ensure all FMLA‑related virtual content, documents, and forms meet ADA accessibility requirements.

2. Service Capabilities/Reporting:

a. Provide comprehensive and user-friendly reporting tools.

b. Provide detailed reports on FMLA usage.

c. Offer reporting to support evaluation of overall program results and/or return on investment

(ROI).

d. Examples of reports the County has previously received and desires similar to the following:

i. Weekly usage by department

ii. Intermittent trend exceeding frequency

iii. Intermittent trend patterning

iv. Last full month leave summary

v. Leave exhaustion report

vi. Leave request & status report

vii. Leave usage report

viii. Return to work report

ix. Quarterly absence summary

3. Technology:

a. Provide an automated, web-based platform or system for leave tracking, employee communications, reporting, and related functions.

b. Maintain adequate data backup processes, system security measures, and disaster recovery plans.

4. Claims Management:

a. Provide employees the ability to request leave or report usage electronically or by phone.

b. Provide Human Resources the ability to request leave or report usage electronically or by phone on employee’s behalf.

c. Issue initial FMLA claim package to employee and provide copy to County.

d. Determine employee eligibility under the FMLA.

e. Prepare and deliver approval or denial correspondence to employees and County.

f. Verify medical certifications.

g. Notify employer and employee of approved FMLA start and end dates.

h. Provide detailed case management for all leave claims.

i. Ensure efficient processing of all FMLA claims.

j. Track all employee FMLA requests and absences.

k. Track FMLA usage by employees including, re-certification, intermittent leaves, and other types of utilization.

l. Maintain complete documentation for each FMLA claim, including all documentation of communications with the employee.

5. Compliance

a. Work with Walworth County to ensure safeguards are in place to protect the privacy of the employees and their families.

b. Demonstrate compliance with all state and federal FMLA laws as well as any applicable HIPAA privacy requirements.

c. Advise on potential FMLA abuse or compliance issues and assist County with establishing best practices in absence management.

d. Maintain access to qualified FMLA medical specialists and attorneys for consultation.

XV. STAFF EXPERIENCE AND RESUMES

Proposer shall provide staff resumes for key personnel who will be assigned to these services. At a minimum the staff resumes shall include the following information:

• Name and position title;

• Total years of experience in this type of service;

• Summary of pertinent experience and qualifications; and

• Any other information that would assist the County in determining the qualifications of the individuals and their ability to complete the services required.

XVI. REFERENCES

Proposer shall provide at least three (3) references where they acted as an FMLA Administration Services provider with similar requirements as Walworth County.

XVII. EVALUATION CRITERIA

All proposals will be reviewed by an Evaluation Committee. The evaluation and selection of Proposer shall be in accordance with the criteria stated below and shall be based on the information called for in this Request for Proposal. The recommendation for award shall be made to the responsive, responsible Proposer who complies with the requirements and scores the highest total on the evaluation criteria.

Technical Proposal

Evaluation Criteria Max Points

Completeness of Proposal: Extent to which complete proposal elements are submitted. 5

Proposer Qualifications: Qualifications and capacity of Proposer to provide services as necessary. Extent to which the Proposer has the necessary credentials to provide goods/services as needed. Applicable exceptions will also be reviewed.

Proposer Team Experience and Resources: Proposer’s company and staff experience, qualifications and ability in providing services of a similar nature. References and past performance. Applicable exceptions will also be reviewed.

Ability to Meet Scope of Services: Ability to meet scope of services and compliance with provisions/requirements of this RFP. The approach to delivering the services (plan, stages, timeline, reporting capabilities, technology, claims management process, implementation, training).

Quality of the proposed program and its ability to meet the service needs.

Applicable exceptions will also be reviewed.

Cost Proposal Evaluation Criteria Max Points Proposed Cost: The competitiveness of proposed costs will be scored based on the total sum of Years 1, 2, and 3.

Lowest Qualified Proposers

Cost X 30 = Awarded Points Proposer(s) Cost Total

XVIII. INTERVIEWS AND/OR PRESENTATIONS

Top-scoring Proposers, based on the evaluation of the written Proposal, may be required to attend interviews/presentations to support and clarify their Proposals if requested by the County. The County will make every reasonable attempt to schedule the interview/presentation on a date specified in the Schedule of Events. Proposer is required to have key members of staff attend the interview and be prepared to present and respond to questions. Failure of a Proposer to complete a scheduled interview/presentation to the County may result in the rejection of that Proposer's Proposal. The County may conduct reviews of the Proposer’s work and/or contact references to clarify or confirm Proposal information.

Information obtained through written communication or interview will be used to further evaluate the Proposal(s). The initial scores awarded for Proposal(s) are subject to change based on written communications and interviews, if held.

XIX. AWARD

Within one hundred and twenty (120) days after the opening of Proposals, award will be made in accordance with the criteria stated above. The successful Proposer(s) shall be required to enter into a contract agreement with the County. A sample copy of Walworth County’s standard Professional Services Contract is included as Attachment A to this Request for Proposal.

The contract shall be deemed as having been awarded when formal recommendation of award has been approved by the appropriate County authority.

XX. ADDITIONAL SERVICES

The County reserves the rights to add, delete or acquire other types of service that the Contractor can provide that are similar to, but not specifically called for in this RFP. Additions or changes to services must be agreed to in writing by all parties.

XXI. SUBCONTRACTING/SUBCONSULTING

Walworth County requires the personnel providing services to be directly employed by the Contractor with the exception of when ancillary services are required.

All subcontractors shall be held to the same insurance provisions as noted herein. Additionally, the subcontractor shall comply with all requirements as stated in this specification.

Contractor will not be permitted to sublet, sell, transfer, assign or otherwise dispose of the contract of any portion therein, or its right, title or interest in, to any person and/or Proposer(s) without the written consent of Walworth County. No subcontract shall, under any circumstances, relieve the contractor of liability and obligation under this contract. If subcontractors are used, Walworth County will consider the awarded Proposer to be the Prime Contractor and to be solely responsible in all contractual matters, including payment of any and all charges resulting from such subcontractor arrangements. The Prime Contractor shall be fully responsible for the acts, errors and omissions of the subcontractor.

In the event that a portion or portions of the contract are proposed as subcontracted, the Proposer shall provide a list of intended subcontractors with their proposal. Walworth County shall be the sole judge in determining whether the subcontracted firm or firms are qualified to provide the services as sought. Walworth County reserves the right to reject the proposal if the subcontractors are determined to be unqualified or unacceptable. After a contract has been awarded, Contractor must obtain prior approval before using any subcontractors not previously identified in your proposal.

When subcontractors are used in the performance of any of these services, skilled tradesmen should be utilized to assure quality workmanship.

XXII. EMPLOYEES

Contractor agrees that trained, certified (where applicable) and competent employees shall perform the services required by this contract using industry-accepted standards. County shall be entitled to request the removal of individuals working on any contract for any of the following grounds, provided that such request be in writing and shall specify the reasons for the County’s dissatisfaction:

• Unsatisfactory performance that causes negative operational impact at the County or causes the

County to commit additional resources to avoid operational impact;

• Dishonesty or belligerent conduct;

• Lack of compatibility with County staff; or

• Violation of County rules or policies.

Upon such written request, the County and Contractor shall decide on a course of action to cure any such problems, provided that there shall be no cure opportunity required for problems involving dishonesty or belligerent conduct or a violation of County rules or policies. In the event Contractor does not cure the problem within seven (7) days from the date of notice, Contractor shall remove such person and shall promptly provide a qualified replacement. The County will be liable for payment of services only up to the time of dismissal and only if services rendered meet the minimum requirements of the County. Contractor must comply with Walworth County’s work/site rules. Contractor shall comply and accept exclusive responsibility for Contractor’s employee(s) while on Walworth County property.

If for any reason the individuals identified are no longer employed by the firm, or available from the subcontracted firm, the Contractor must notify the County within a reasonable time frame. Contractor is responsible for ensuring that any substitute personnel have comparable skills and experience. The County reserves the right to interview substitute personnel prior to commencement of activity on the project to confirm to County’s satisfaction equivalency of skills and experience.

If any of the Contractor’s employee appears to be incompetent or to act in a disorderly or improper manner, such person shall be removed immediately on request of the County and shall not again be re-employed except upon written consent of the County.

XXIII. WORK HOURS

The Department of Human Resources hours of operation are Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding holidays and weekends.

XXIV. PRICING

Pricing for services shall include all services based on 925 employee staff level as outlined in this request and be proposed at a per employee, per month rate. Separate pricing will be provided for year 1, year 2 and year 3 of services. Proposed pricing shall be firm for the initial term of the contract and inclusive of all costs. Pricing for optional years may be adjusted in accordance with Price Adjustments section below. Proposer shall adjust the amount billed to the County based upon the number of employees that could qualify for FMLA services.

All costs shall be provided in U.S. dollars.

In the event of a price disparity between the unit and extended price, the unit price shall prevail unless judged obviously in error by Walworth County.

XXV. PRICE ADJUSTMENTS

All costs must be firm for the first three-year term of the contract. Thereafter, optional year pricing may be adjusted in accordance with the Bureau of Labor Statistics, Consumer Price Index, All Urban Consumers, U.S. City Average, All Items, Not Seasonally Adjusted, 12-month percent change, from June of the prior year to the current year, or 5% of the previous year’s cost, whichever is lower. Notification of any requested increase is required in writing to Walworth County from the Contractor a minimum of 60 days prior to the end of each contract year. Walworth County reserves the right to request a decrease based on a downward trend of the aforementioned index.

XXVI. INDEFINITE QUANTITY

The scope, size, and total dollars to be spent on the services to be performed under this contract are unknown.

No guarantee of the actual service requirement is implied or expressed. Proposals that require minimum order quantities or dollar amount shall be disqualified.

XXVII. EQUITABLE ADJUSTMENT

County may, in its sole discretion, make an equitable adjustment in the Contract terms and conditions and/or pricing. If pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace that satisfy all the following criteria:

1. The volatility is due to causes wholly beyond the contractor’s control;

2. The volatility affects the marketplace or industry, not just the contractor’s source of supply;

3. The effect on pricing or availability of supply is substantial; and

4. The volatility so affects the contractor that continued performance of the Contract would result in substantial loss.

Any adjustment would require the contractor to provide irrefutable evidence along with any request for adjustments to contract terms and/or pricing. The County may elect to provide a one-time increase, an increase for a predetermined period or an increase for the remainder of the contract. In the event of any market decreases the contractor shall in good faith provide the County with reduced pricing.

The County reserves the right to request an equitable adjustment to decrease pricing in the event of a decrease in market pricing.

XXVIII. INVOICING

Contractors shall provide itemized invoices showing at a minimum the item/service description, quantity, item/service cost, and total cost.

Original Invoice must be addressed to Walworth County Finance Department-Accounts Payable Division at 100 W. Walworth Street, P.O. Box 1001, Elkhorn, WI 53121, or apsupport@co.walworth.wi.us. Contractor is responsible for the completion of all recordkeeping and reporting requirements as appropriate for all items prior to payment.

XXIX. PAYMENT

Walworth County’s preference is to pay for services each month or on a quarterly basis. Proposer shall indicate in their preferred payment terms within their proposal. Final payment terms are subject to negotiation and require County’s approval. Walworth County’s preference is to pay with a Visa credit card (P-Card). Proposer should indicate in Proposal whether P-card will be accepted for payment. County will not use a P-Card for processing payments if Contractor charges credit card processing fees or sets minimum transaction limits.

Payment will be made within forty-five (45) calendar days after acceptance of goods/services and receipt of a properly documented invoice.

XXX. REJECTION

All services performed or goods provided by the Contractor are subject to acceptance by the County based on the conformity to these RFP specifications. In the event the Contractor or its subcontractor were to provide services and/or goods that do not conform to these project specifications and did not gain prior approval from the County, the services and/or goods will be subject to rejection. Rejected services or goods shall be redone or replaced at the expense of the Contractor.

XXXI. DEFICIENCIES

In the event that the County determines that there are deficiencies in the service work provided by the Contractor under the contract, the County shall notify the Contractor in writing as to the precise nature of any such deficiencies. Within ten (10) working days of receipt of such notice, Contractor shall take responsible steps to correct any deficiencies.

mailto:apsupport@co.walworth.wi.us

XXXII. ACCEPTANCE

Acceptance is defined as acceptance by the County after its authorized agent has confirmed the deliverables to meet to specified requirements. Acceptance will be determined prior to payment of invoices, or in writing if the goods/services require prepayment.

XXXIII. CONFLICT OF INTEREST

All Proposers must disclose with their Proposal, the name of any officer, director or agent who is also an officer or employee of Walworth County. Further, all Proposers must disclose the name of any Walworth County officer or employee who owns, directly or indirectly, any interest in the Contractor’s firm or any of its branches.

Failure to disclose this information will result in disqualification of their proposal. The County reserves the right to seek compensation for recoupment of losses in having to re-bid or re-assign.

XXXIV. “PIGGYBACK” CLAUSE

Common purchasing practices in government include cooperative or "piggyback" purchasing among various units of government or municipalities. This contract will be extended, with the authorization of the Contractor, to other units of government or municipalities at the same prices and/or discounts and terms and conditions. If another unit of government or municipality decides to use this contract, the Contractor must deal directly with the respective unit of government or municipality concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. Walworth County acts only as the "Contracting Agency" for those public agencies.

XXXV. CONTRACT REVIEW

Contractor will be required to meet with designated county personnel, on an as-needed basis, to discuss the services that are being provided. Discussions will include an overall quality review, suggestions to improve the efficiency, services to be provided, and any other matters that may affect the contract. It is also the intent of the contract review to identify and implement efficiencies that may reduce the annual cost of the services provided.

XXXVI. NONDISCRIMINATION / AFFIRMATIVE ACTION

In connection with the performance of any work under this request, the Proposer(s) agree not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), Wis. Stats., sexual orientation as defined in s. 111.32( 13m), Wis. Stats., or national origin. This provision shall include, but not be limited to the following:

employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;

rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the Proposer(s) further agree to take affirmative action to ensure equal employment opportunities. Failure to comply with the conditions of this clause may result in the Proposer(s) becoming declared an ineligible Proposer, termination of the contract, or withholding of payment.

XXXVII. WORK/SITE RULES

Contractor shall comply with Walworth County’s work/site rules. Contractor shall comply and accept exclusive responsibility for each individual employee while on Walworth County property.

XXXVIII. COMPLIANCE WITH LAWS

Contractor is responsible to comply with all statutory rules and regulations. All applicable federal, state and local laws, rules and regulations governing this type of service will apply and will be deemed incorporated into the contract. These requirements shall be done at Contractor’s expense.

XXXIX. INSURANCE REQUIREMENTS

Every Contractor and parties furnishing services or products to Walworth County, or any of its divisions, must provide evidence of the following minimum insurance requirements prior to execution of the contract. These minimum insurance requirements do not in any way limit the liability assumed elsewhere in the contract. The County may require higher limits or other types of insurance coverage(s) as necessary and appropriate. Modifications to the types of coverage, limits and/or other terms should not be made without the approval of the County’s Risk Manager.

Minimum Insurance Limits

Contractor shall, at its sole expense, maintain the following insurance:

A. Commercial General Liability Insurance including contractual coverage:

The limits of this insurance for bodily injury and property damage combined shall be at least:

Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Products – Completed Operations Limit $2,000,000 Personal and Advertising injury Limit $1,000,000

B. Commercial Automobile Liability Insurance:

Contractor shall provide comprehensive automobile insurance covering the ownership, operation and maintenance of all owned, non-owned and hired motor vehicles. Contractor shall maintain limits of at least $1,000,000 per accident for bodily injury and property damage combined.

C. Workers’ Compensation & Employer’s Liability Insurance:

Such insurance shall provide coverage in amounts not less than the statutory requirements in the state where the work is performed, even if such coverages are elective in that state.

Employers Liability insurance shall provide limits of not less than $100,000 per occurrence for bodily injury; $100,000 per employee for bodily injury by disease, and $500,000 policy aggregate.

D. Professional Liability/Technology Errors and Omissions:

This insurance should insure the professional services of the Contractor for the scope of services to be provided under this contract. Such insurance shall provide limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate.

E. Commercial Crime Insurance:

Such insurance shall provide coverage for:

• Form A, Employee Dishonesty $500,000

• Form B, Forgery, $500,000

• Form C, Theft, Disappearance and Destruction $500,000

F. Fiduciary Liability Insurance This insurance should insure fiduciaries of the “Fund.” Such insurance shall provide limits of not less than $1,000,000 per occurrence.

G. Cyber Liability Insurance:

The limits of this insurance shall be at least per occurrence:

Security Liability $5,000,000 Privacy Liability $5,000,000 Regulatory Proceedings $5,000,000 Breach Event Expenses $5,000,000

Additional Requirements:

H. Contractor shall require all its contractors and subcontractors performing work related to this contract to carry sufficient minimum insurance to cover liabilities arising from or out of the performance of this contract.

I. When available under the policy, any insurance required above shall: (a) name Walworth

County including its directors, officers, employees and agents as additional insureds by endorsement to the policies, and, (b) provide that such insurance is primary coverage with respect to all insureds and additional insureds.

J. All insurance policies shall contain provisions that the insurance companies waive the rights of recovery or subrogation, by endorsement to the insurance policies, against County, its subsidiaries, its agents, servants, invitees, employees, co-lessees, contractors, subcontractors, and their insurers, except where prohibited by law.

K. If any of the coverage noted above is provided on a claims made and reported period, coverage shall be maintained for not less than 2 years (24 months) after the end of the Contract by either an extended reporting period (ERP) provision or by maintaining the coverage in force.

L. The above insurance coverages may be obtained through any combination of primary and excess or umbrella liability insurance.

M. Contractor shall provide certificates evidencing the coverages, limits and provisions specified above on or before the execution of the Agreement and thereafter upon the renewal of any of the policies. Contractor shall notify County with a thirty (30) days of any cancellation, nonrenewal or material change in any of the policies maintained in accordance with this Agreement.

N. Coverage must be placed with carriers with a current A. M. Best rating of B ++ or better.

XL. CANCELLATION

Walworth County reserves the right to cancel any agreement in whole or in part without penalty due to non-appropriation of funds.