3-26-078 Dairy Product RFB Final.pdf

Request for Bid (RFB)

#26-078 Dairy Products For: Walworth County Lakeland Health Care Center

Schedule of Events:

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

Bid Issued: October 1, 2026

Questions Due: October 20, 2026 3:00 p.m.

Final Addendum Issued: October 26, 2026

Bids Due (Closing Time): November 2, 2026 10:00 a.m.

Contract Award: November 18, 2026

Anticipated Contract Start: December 1, 2026

Table of Contents

I. POSTING OF SOLICITATION

II. INVITATION

III. BACKGROUND

IV. TERM OF CONTRACT

V. BIDDER QUALIFICATIONS

VI. SCOPE OF SERVICES

VII. SPECIFICATIONS

VIII. STANDARD TERMS AND CONDITIONS – WALWORTH COUNTY

IX. EXAMINATION OF SITE AND BID DOCUMENTS

X. PRE-BID MEETING AND PROJECT SITE TOUR

XI. BIDDER INQUIRIES / REQUESTS FOR EXCEPTIONS / CHANGES TO BID

XII. SUBMISSION OF BID

XIII. ELECTRONIC MODIFICATION OF BID

XIV. WITHDRAWAL OF BID

XV. BIDDER SUPPLIED DOCUMENTATION / MATERIALS

XVI. PUBLIC BID OPENING MEETING

XVII. METHOD OF AWARD

XVIII. EMERGENCY SERVICES

XIX. ADDITIONAL SERVICES

XX. SUBCONTRACTING

XXI. EMPLOYEES

XXII. WORK HOURS

XXIII. WARRANTY

XXIV. PRICING

XXV. INDEFINITE QUANTITY

XXVI. PRICE ADJUSTMENTS

XXVII. EQUITABLE ADJUSTMENT

XXVIII. INVOICING

XXIX. PAYMENT

XXX. REJECTION

XXXI. DEFICIENCIES

XXXII. PRODUCT RECALL

XXXIII. ACCEPTANCE

XXXIV. CONFLICT OF INTEREST

XXXV. “PIGGYBACK” CLAUSE

XXXVI. CONTRACT REVIEW

XXXVII. WORK/SITE RULES

XXXVIII. BACKGROUND CHECKS

XXXIX. COMPLIANCE WITH LAWS

XL. INSURANCE REQUIREMENTS

XLI. CANCELLATION

I. POSTING OF SOLICITATION

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

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

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

II. INVITATION

Walworth County is accepting sealed, electronic bids submitted through the Euna Procurement Portal from qualified firms to provide dairy products for the Walworth County Lakeland Health Care Center, hereinafter referred to as the “County,” in accordance with the specifications stated and/or attached herein/hereto. The successful bidder will hereinafter be referred to as the “Bidder” or “Contractor.”

Sealed, electronic bids will be received until 10:00 a.m. local time on November 2, 2026. Shortly after time of deadline, bids received will be publicly opened virtually by purchasing staff.

Contractors having considerable experience in providing dairy products or other closely related projects are invited to participate.

The Purpose of this solicitation is to award a contract to the selected Contractor that can demonstrate that they possess the technical capabilities to provide all of the deliverables required in this RFP within a reasonable project schedule and when considering the thoroughness of the Bidder’s project understanding.

III. BACKGROUND

Lakeland Health Care Center (LHCC) in Elkhorn, Wisconsin is a 90-bed long-term care facility serving residents through Medicaid, Medicare, and private pay programs. LHCC’s Dietary Department provides comprehensive meal services that support both the residents living in the facility and seniors throughout Walworth County.

In addition to meeting the daily nutritional needs of all LHCC residents, the Dietary Department prepares and packages meals for the Walworth County Senior Meal Program, including home-delivered meals and those served at multiple congregate meal sites. This dual responsibility requires reliable, high-quality food products to ensure consistent meal production, adherence to nutritional standards, and safe food service for vulnerable populations.

Lakeland School, in Elkhorn, Wisconsin, is a key component of Walworth County’s Special Education system. The school provides specialized educational services to students placed by their resident districts through the IEP team process, ensuring a free and appropriate public education (FAPE) in the least restrictive environment (LRE). As part of the Children with Disabilities Education Board (CDEB), Lakeland School serves students from the 15 partner districts within the County as well as tuition students from outside the area, with enrollment determined solely by IEP team placement.

IV. TERM OF CONTRACT

A contract will be awarded to the successful Bidder. The term of the contract shall be for a period of one (1) year, with an option to extend for four (4) additional one (1) year periods, under the same terms and conditions, and by mutual consent of both parties.

https://walworthcountywi.bonfirehub.com/projects

V. BIDDER QUALIFICATIONS

Bidders responding to this Request for Bid must meet the following minimum qualifications:

1. Be properly licensed and incorporated 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.

2. May not be on the debarred from conducting business with the State of Wisconsin or Federal Government with the effective dates of this contract.

3. Possess a minimum of three (3) years of verifiable experience in providing dairy product distribution as specified. Experience should include accounts equal or larger in size and scope of this request.

4. Have a record of performance with reasonable financial support, personnel, equipment and organization to ensure satisfactory execution of the services required and specified herein.

5. Meet or exceed all minimum specifications in their entirety to be considered for award.

6. Bidder must be the original manufacturer, distributor, or authorized dealer of a manufacturer.

7. Must be licensed to supply dairy products in compliance with State and Federal regulations.

VI. SCOPE OF SERVICES

Walworth County is seeking a qualified provider to supply high-quality dairy products for Lakeland Health Care Center (LHCC) and Lakeland School. The selected vendor will support the nutritional needs of residents and students by delivering products that meet all Wisconsin Department of Health Services regulations and applicable federal dietary standards for long-term care and educational settings. The supplier will ensure reliable delivery of safe, nutritious dairy items that align with both facilities’ established dietary requirements and contribute to the well-being of the individuals they serve.

VII. SPECIFICATIONS

Contractor must adhere to all specifications outlined herein.

The use of the name of a manufacturer or any special brand or make in the specifications is not intended to restrict the Bidder, unless otherwise indicated. The specification establishes the character or quality of the product desired, but the products for which bids are submitted must, in all cases, be equal in every particular way to the product specified and must clearly state the brand and product number. Such substitution will be accepted only if determined by the County to be equal or superior in all respects to that specified. If the brand offered as “equal” is not acceptable by the County as “equal” to the brand and product specified, the bidder must furnish one of the specified brands. Any bidder offering a brand other than those specified shall furnish specification sheets, product information, and other pertinent literature with their response.

A. General Requirements

1. County and Contractor must comply with all applicable procurement standards outlined in 7 CFR 210.21 and 2 CFR 200, including all applicable USDA implementing regulations.

2. All dairy products provided under this contract must meet National School Lunch Program meal pattern standards, including fat content, nutritional profile, and pasteurization requirements.

3. Products shall be manufactured and packaged as defined in the State Regulations governing the production, sale and transportation of dairy products as defined in the Wisconsin Administrative Code Chapter Ag. 80, Wisconsin State Statutes, and all other applicable state, federal and local rules and regulations. These requirements shall include, but not limited to, weights, measures, and fill of containers, drained weights and contamination.

4. Conform to standard guarantee requirements with respect to safety.

5. Agree to hold the County harmless in the event of product failure.

6. Maintain appropriate inventory levels throughout the life of the contract.

7. Must have the ability to furnish all products specified in this bid.

B. Buy American

1. The School Food Authority (SFA), by participating in the National School Lunch and/or School Breakfast Programs, is required to purchase domestic commodities and products for school meals to the maximum extent practicable. Domestic commodity or product means an agricultural commodity produced in the U.S. and a food product processed in the U.S. substantially (at least 51 percent of a food product must consist of agricultural commodities that were grown domestically). Selected Contractor shall notify SFA in advance of delivery of any product not compliant with this requirement.

Product(s) delivered to the SFA which are not compliant with this requirement will be returned and invoice(s) for those items will not be paid.

C. Grade and Regulations

1. Products shall be Grade A Milk and Milk Products and produced in compliance with all State and Federal regulations.

D. Packaging and Labeling

1. Products shall be labeled and packaged in accordance with the Wisconsin

Administrative Code, Chapter Ag. 80 Grade A Milk and Milk Products.

2. All products furnished shall be dated with the last date product may be sold. Products shall have minimum of ten (10) days shelf life at the time of delivery.

3. Containers shall be properly sealed and free from leaks.

4. Products shall be delivered and packaged in clean containers and crates free of debris at time of delivery, stored in clean and sanitary mechanically refrigerated trucks or coolers and kept at a temperature of 33 to 40 degrees Fahrenheit (not iced).

E. Delivery

1. Deliver products to the following two (2) locations:

Lakeland Health Care Center - 1922 County Road NN, Elkhorn, WI 53121 Lakeland School - W3905 County Road NN, Elkhorn, WI 53121

2. Deliver all products in plastic or metal milk crates of approximate size of 13"x13"x11" free of charge.

3. Deliveries shall be FOB destination cooler located in kitchen at LHCC.

4. Stock shall be rotated by Vendor to ensure oldest stock is consumed first.

5. Deliveries shall occur weekly on a mutually agreed-upon day and during standard business hours to ensure uninterrupted operations.

6. Additional emergency deliveries may be required on short notice.

7. Provide an itemized packing slip or invoice to Lead Food Service Worker, Cook or

Manager at the time of delivery. The County shall inspect items at the time of receipt, noting any discrepancies or visible damage on the vendors delivery receipt.

Discrepancies or damages noted must be initialed by the vendors delivering agent.

When satisfied that the shipment is in proper order and/or all discrepancies have been properly noted and initialed, the receiving person shall sign the Vendor’s delivery receipt and keep one copy.

8. Pick up all empty milk crates at the time of delivery.

9. Pick up any outdated or products with a broken seal and issue a credit for product returned.

10. Vendor shall notify County kitchen staff one week prior to any delivery changes at 262‐ 741‐3617 or 262‐741‐3651.

11. In the event a late delivery is necessary for LHCC, vendor shall contact the LHCC kitchen staff at 262‐741‐3617 or 262‐741‐3651. In the event a late delivery is necessary for Lakeland School, vendor shall contact staff at 262‐532-3164.

12. Delivery service shall be available five (5) days per week for emergency deliveries as needed.

13. Quantities for next delivery shall be ordered before 11:00am the day prior to delivery unless otherwise mutually agreed upon.

14. Delivered quantities shall not exceed or fall short, of the quantity ordered by more than five percent (5%). The County may, at its option, reject such portions of a shipment that exceed five percent (5%) of the amount ordered. Items short more than the allowable five percent (5%) will be subject to non‐delivery penalty.

15. The County reserves the right to reject all or part of a delivery.

16. County will, whenever possible, give the vendor advance notice when usage of a particular item substantially increases from the amount specified, or what the norm has been for the bid period.

VIII. STANDARD TERMS AND CONDITIONS – WALWORTH COUNTY

The Standard Terms and Conditions of Walworth County are made a part of this Bid 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 Buyer listed on the cover of this solicitation.

IX. EXAMINATION OF SITE AND BID DOCUMENTS

Bidder is required to carefully examine the bid, the scope of work, the site of the work, and the contract contained herein. It will be assumed that the bidder has investigated and is satisfied as to the requirements of the bid documents. It is mutually agreed that the submission of a bid shall be considered as conclusive evidence that the bidder 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 work under this specification 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 Bidder to fulfill, in every detail, all of the requirements of the bid, or

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

• For an extension of time.

X. PRE-BID MEETING AND PROJECT SITE TOUR

A pre-bid meeting is NOT scheduled for this project. Interested bidders should inspect this request document. Any questions or request for clarifications are outlined in Section XI. Bidder Inquiries / Requests for Exceptions / Changes to Bid.

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

XI. BIDDER INQUIRIES / REQUESTS FOR EXCEPTIONS / CHANGES TO BID

Bidders should request interpretation or correction of any ambiguity, inconsistency, or error in the RFB requirements.

Unless the bidder clearly indicates in their response that the product offered is an “equal” product, it will be implied that the Bidder will provide the brand, name, manufacturer, stock number or product specified. If the Bidder is offering an “equal” product, they must clearly identify the items they are considering to be “equal”, outline any differences between the proposed “equal” item and the item originally specified, and provide supporting documentation (e.g. specifications, certifications, etc.)

confirming that the ‘equal’ items meets the required standards.

Consideration will be given to a bidder’s request for a change if any of the terms and conditions of this bid 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 questions, requests for changes, clarifications, etc., must be submitted in writing using the “Messages” feature under this Project in the Euna Procurement at https://walworthcountywi.bonfirehub.com/opportunities/240284.

Questions must be received no later than October 20, 2026 at 3:00 p.m. You will not be able to initiate messages to the Buyer after this time.

Unauthorized Bidder contact regarding this RFB with any County employee may result in disqualification of Bid. Any oral communication will be considered unofficial and non-binding.

Bidders shall rely only on written addenda issued for this opportunity.

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

XII. SUBMISSION OF BID

Bidders, by submitting a response to this RFB, certify and agree to meet all the requirements as stated herein. A bidder 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 bidder must be clearly identified in the bid.

Bids shall be irrevocable until Contract award unless the bid is withdrawn. Bidders may withdraw a response at any time until the submission deadline.

Bidders shall assume full responsibility for ensuring electronic delivery of bids before the RFB deadline. Bidders 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 RFB. All bids must be submitted electronically using the Euna Procurement Portal by the time and in the manner prescribed.

Euna Procurement will serve as the bid collection destination.

1. Bid Content:

A. Requested Information:

https://walworthcountywi.bonfirehub.com/opportunities/240284

Group Name Type

Files

Requirement

Acknowledgements and Subcontractors

There are various questions to

Acknowledge/respond to.

N/A Required

Pricing Pricing Sheet (BT-46NO) BidTable:

Datatable

N/A Required

Requested Documents

Bidder Questionnaire (Q-

09EU)

Questionnaire:

Excel (.xlsx)

1 Required

Subcontractor List, if applicable

PDF (.pdf) 1

Optional – Required only if subcontractors are used

Attachment B – Form 1-420- A Walworth County Substitute W-9 Form, Request for Taxpayer Identification Number and Certification. Form must include either a wet signature or an electronic signature accompanied by an electronic certification confirming the authenticity of the signature.

PDF (.pdf) 1 Required

B. Response Templates and/or forms are available for downloading in the project on the Euna

Procurement Portal.

i. Requested Document(s):

Provide all documents as listed in the Requested information.

ii. 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.

iii. Requested Pricing Sheet(s):

Complete the Bid Table online in the browser. The Bid Table can be completed any time during submission, however it must be completed all at once to submit and finalize.

Edits may be made to the submission before the due date. Please note that the Bid Table may take a significant amount of time to prepare.

2. Bid Submission:

A. Upload bid submission at: https://walworthcountywi.bonfirehub.com/opportunities/240284

i. Euna Procurement Submission Guidelines:

(1) Provide all documents as listed above in Item A. Requested Information of this section.

(2) Some response forms are available for downloading on the Euna Procurement Portal by using the link provided above.

(3) Note the types of files allowed. The maximum upload file size is 100 MB.

(4) Do not embed any documents within the uploaded files as they will not be accessible or evaluated.

(5) Uploading large documents may take significant time, depending on the size of the file(s) and Internet connection speed.

(6) Use Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript and browser cookies must be enabled.

(7) The County is not responsible for any delays associated with the electronic submission of bids through the Euna Procurement Portal.

(8) Need Help? The County uses the Euna Procurement Portal for accepting and evaluating bids digitally. Please contact Euna Procurement at support.procurement@eunasolutions.com for technical questions related to your submission. Respondents can also visit the Euna Procurement help forum at https://help.eunasolutions.com/hc/en-us.

ii. Respondents will receive an email confirmation receipt with a unique confirmation number once submission is finalized.

iii. Bidders may withdraw a response at any time until the submission deadline.

iv. Bids may not be transmitted orally, in person, by mail, email, or fax machine.

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

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

vi. All Bidders, by submission of a response, agree to abide by the rules, regulations, and procedures of the County.

vii. Bids will only be visible to the county after the Bid deadline.

XIII. ELECTRONIC MODIFICATION OF BID

Bids may be modified electronically using the Euna Procurement Portal provided such modification is made prior to the closing time for receipt of Bids.

XIV. WITHDRAWAL OF BID

Bids may be withdrawn electronically using the Euna Procurement Portal provided such withdrawal is made prior to the closing time for receipt of Bids.

XV. BIDDER SUPPLIED DOCUMENTATION / MATERIALS

All material submitted by the Bidder 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, bidders should assume that their submitted bid will be subject to disclosure under the Public Records Law.

https://walworthcountywi.bonfirehub.com/opportunities/240284 mailto:support.procurement@eunasolutions.com https://help.eunasolutions.com/hc/en-us

Bidders responding to this request should not include any Confidential Information, proprietary information or protected trade secret(s) as part of its bid unless the bidder 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 bid.

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 designation requirements. Bidder is not entitled to notification prior to release of information. In no event will price be deemed confidential.

XVI. PUBLIC BID OPENING MEETING

No in-person public bid openings will be conducted at Walworth County. Bidders and members of the public may participate in the public bid opening for this RFB via video or teleconference as described in this section.

The bids opened and read are considered preliminary and subject to review and verification of applicable bid requirements.

The County will host this bid opening on November 2, 2026, at 10:15 a.m. local time via Microsoft Teams. Interested participants may attend electronically via the livestream video conference by using the access information provided below.

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/291278792844875?p=1FYqNFmcAPgd1AI35m Meeting ID: 291 278 792 844 875 Passcode: uB7G28sK

Need help? | System reference Dial in by phone +1 414-219-0219,,247185077# United States, Milwaukee Find a local number Phone conference ID: 247 185 077# For organizers: Meeting options | Reset dial-in PIN

XVII. METHOD OF AWARD

Walworth County is not obligated to make an award related to this request. The County reserves the right to accept or reject any or all Bids. If the County issues an award, the award will be made within ninety (90) days after the opening of bids to the responsive and responsible Bidder conforming to the scope, specifications, terms and conditions, or to the most advantageous Bid submitted to the County on a quality versus price basis as follows:

• A Contract will be awarded to a single responsive and responsible vendor with the lowest cost.

• Lowest cost will be determined based on the total annual cost for all products combined. The award will be made to the bidder whose overall grand total for all listed products is the lowest.

Contract(s) shall be deemed as having been awarded when the appropriate County Committee has approved formal recommendation of award or County personnel having the authority to make such approval in accordance with County Procedures. Estimated contract award date is included in the “Schedule of Events” on the RFB cover.

https://teams.microsoft.com/meet/291278792844875?p=1FYqNFmcAPgd1AI35m https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDc3YWJhM2EtYjY3NC00N2M2LTk0ZTMtNDA2YWI5Y2Y1NjRj%40thread.v2/0?context=%7b%22Tid%22%3a%22abdd0c04-3909-4e20-bbcb-7b8a0283a1af%22%2c%22Oid%22%3a%2239f5a387-8caa-4884-9411-528f6d175b7a%22%7d tel:+14142190219,,247185077 https://dialin.teams.cloud.microsoft/3545793f-3d5d-4816-a86c-5b26c488d908?id=247185077 https://teams.microsoft.com/meetingOptions/?organizerId=39f5a387-8caa-4884-9411-528f6d175b7a&tenantId=abdd0c04-3909-4e20-bbcb-7b8a0283a1af&threadId=19_meeting_MDc3YWJhM2EtYjY3NC00N2M2LTk0ZTMtNDA2YWI5Y2Y1NjRj@thread.v2&messageId=0&language=en-US https://dialin.teams.cloud.microsoft/usp/pstnconferencing

The awarded Bidder will be required to execute the Example Contract provided as Attachment A.

To be considered responsive and in compliance with the Request for Bid, a Bid must:

1. Conform in all material respects to the RFB, including all the requested information;

2. Include acknowledgement of all addenda; and

3. Contain no alterations to the terms or conditions of this Request for Bid except as specifically directed in this document.

To be considered responsible, a Bidder must establish to the complete satisfaction of the County it can meet specifications/scope herein, including but not limited to items such as warranty, time of delivery, purpose for which good and/or service is required, competency of Bidder, the ability to render satisfactory service and past performance.

To determine the Bidder’s responsibility, before a Contract will be awarded for the specifications/scope contemplated herein, the County will conduct such investigation as is necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of services specified under this request. Upon request, the Bidder shall submit such additional information not specifically requested herein, as deemed necessary by the County to evaluate the Bidder's qualifications.

XVIII. EMERGENCY SERVICES

Walworth County reserves the right to solicit either the Contractor(s) under this agreement, non-contracted vendors, or a combination of both based on the nature of the emergency.

An emergency is defined as any condition(s) which is a threat to health, welfare or the safety of people and/or property or a condition that will affect an essential service(s) as determined by Walworth County.

Contractor shall meet the following requirements for emergency services:

1. The Contractor must have qualified service repair personnel available 24 hours a day, seven (7) days a week.

2. The Contractor shall respond to emergency service calls within two (2) hours after notification.

For emergency calls, outside normal working hours (weekends and/or holidays), the Contractor shall provide a contact name and telephone number, or have answering service in lieu of contact person. Contractors using an answering service shall be required to initiate a call back to the County within 15-25 minutes.

3. Failure to comply with the two (2) hour response time more than three (3) times during the term of the contract shall warrant 10% of the repair costs to be deducted from invoice and from all subsequent repair calls which exceed the two (2) hour response time. The fourth (4th) failure to comply with response time may result in contract termination.

XIX. ADDITIONAL SERVICES

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

XX. SUBCONTRACTING

Walworth County requires that any work performed be under the direct employ of 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 Vendor(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 Sub-Contractors are used, Walworth County will consider the awarded vendor to be the Prime Contractor and to be solely responsible in all contractual matters, including payment of any and all charges resulting from such sub-Contractor arrangements. The prime contractor shall be fully responsible for the acts, errors and omissions of the subcontractor. Upon request Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.

In the event that a portion or portions of the contract are bid as subcontracted, the bidder shall provide a list of intended subcontractors with their bid. 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 bid 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 bid.

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

XXI. EMPLOYEES

Contractor agrees that trained, certified (where applicable) and competent employees shall perform the services required by this contract using industry-accepted standards. Upon request, Contractor shall provide and maintain a current list of employees working at County facilities prior to commencement of work. A photocopy of employees’ driver’s license, or other acceptable identification, as verification for the list shall be made available to the County upon request.

County shall be entitled to request the removal of individuals working on any project 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.

Employees shall be in a company uniform that clearly identifies the name of the company and employee name. Uniforms shall be clean and neat in appearance. Employees are required to wear a company supplied photo ID badge. Badges must be clearly visible when worn.

XXII. WORK HOURS

Lakeland Health Care Center hours of operation are 6:00 a.m. to 5:00 p.m. Lakeland School hours of operation are 8:00 a.m. to 4:00 p.m.

XXIII. WARRANTY

The Contractor warrants that all dairy products furnished under this RFB shall be fresh, fit for human consumption, unadulterated, and shall conform to all applicable federal, state, and local regulations, including but not limited to USDA, FDA, and state dairy quality requirements. All dairy products must meet the quality, grade, and packaging specifications listed in this RFB at the time of delivery.

XXIV. PRICING

All quantities specified in this bid are based on an estimated one (1) year's consumption. Actual usage may be more or less dependent upon demand. All services shall be furnished at proposed pricing and shall be without any additional charges, regardless of the amount or quantity of services.

In the event of a discrepancy between the unit price and the total price, the unit price shall prevail.

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

County will reject shipments sent C.O.D. or freight collect.

Prices will be firm, a not to exceed cost, inclusive of all costs. No additional costs will be allowed unless during the course of the project something is discovered that could not have been reasonably known when creating the quote.

Travel time, truck charges and/or trip (mileage) charges will not be allowed for any services performed under this agreement.

XXV. 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. Bids that require minimum order quantities or dollar amount shall be disqualified.

XXVI. PRICE ADJUSTMENTS

Price Adjustments Monthly commodity adjustments apply to all fluid milk and whipping cream items and will use the USDA skim milk and butterfat price indices. The adjusted unit price is calculated as: Awarded Unit Price × (Component Index for the delivery month ÷ Component Index at award). The Contractor shall include a monthly worksheet with each invoice showing the applicable USDA skim and butterfat indices for both the award month and the delivery month, the skim and butterfat percentages for each product, the complete calculation, and the resulting adjusted unit price. This monthly adjustment applies to all bid items.

Annual Base-Price Adjustment Contractors may request one annual base-price adjustment for non-commodity operating costs including labor, transportation, packaging, insurance, and utilities. Annual adjustments must be tied to the CPI-U Midwest Region (All Items). Requests must be submitted in writing at least 30 days in advance with supporting documentation. The most recent available index at the time of the request will be used. Approved annual adjustments modify the Awarded Unit Price, and monthly commodity adjustments will continue to apply to the updated price.

No other price adjustments are allowed.

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 description, quantity, item cost, and total cost. Contractors shall provide itemized invoices for each location showing date of service, the serviced areas, and detail of service performed.

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 with a Visa credit card (P-Card). County will not use a P-Card for processing payments if Contractor charges credit card processing fees or sets minimum transaction limits. Bidder should specify in the bid the method by which payment is to be received.

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

XXX. REJECTION

The Agency reserves the right to inspect all dairy products at delivery. The Agency, at its sole discretion, may reject any shipment or portion thereof that fails to meet RFB specifications or regulatory standards. Rejected products shall be removed and replaced by the Contractor immediately at no cost.

In the event that defects, spoilage, contamination, or any non-conformance become evident at the time of delivery or within a reasonable period thereafter, the Contractor shall replace the affected product(s) immediately at no cost to the Agency. If replacement is not feasible within the timeframe required to maintain Agency operations, the Agency may procure substitute products on the open market, and any additional cost shall be the responsibility of the Contractor.

XXXI. DEFICIENCIES

In the event that the County determines that there are deficiencies in the goods or services 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.

XXXII. PRODUCT RECALL

In the event of a manufacturer or regulatory recall, the Contractor shall notify the Agency within 24 hours of receiving notice and shall replace all affected products at no cost. Contractor shall also coordinate any required documentation, disposal, or crediting associated with the recall.

XXXIII. ACCEPTANCE

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

XXXIV. CONFLICT OF INTEREST

All Bidders must disclose with their Bid, the name of any officer, director or agent who is also an officer or employee of Walworth County. Further, all Bidders must disclose the name of any Walworth County officer or employee who owns, directly or indirectly, any interest in the Consultant’s firm or any of its branches. Failure to disclose this information will result in disqualification of their Bid. The County reserves the right to seek compensation for recoupment of losses in having to re-solicit or re-assign.

XXXV. “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.

XXXVI. 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.

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. BACKGROUND CHECKS

Contractor shall ensure that employee background checks, consisting of criminal record searches and employment verification, are accomplished and that current records are provided upon request of the County.

All Contractors employees seeking access to the Walworth County facilities must pass a more detailed background check performed by the Walworth County Sheriff’s Office. Costs for this background check shall be borne by the County. Contractor shall provide a photocopy of each employee’s driver’s license (or other acceptable identification) at least 72 hours prior to commencement of work.

XXXIX. 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.

XL. 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. 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.

Additional Requirements:

D. 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.

E. 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, and, (c) grant a waiver of subrogation in Walworth County’s favor.

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

G. 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 thirty (30) days of any cancellation, nonrenewal or material change in any of the policies maintained in accordance with this Agreement.

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

XLI. CANCELLATION

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