CDBG_-_Fair_Housing_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSAL

2023-RFP-011PR

CDBG - FAIR HOUSING

County of Dane

City-County Building, Room 426 , 53703

Madison, WI 53703

RELEASE DATE: December 13, 2022

DEADLINE FOR QUESTIONS: January 17, 2023

RESPONSE DEADLINE: January 25, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/countyofdane

County of Dane

REQUEST FOR PROPOSAL

CDBG - Fair Housing

I. Introduction II. RFP Overview

III. Evaluation IV. Project Overview/Scope of Services V. RFP Reponses Requirements

VI. Vendor Questionnaire VII. General Guidelines and Terms & Conditions

VIII. Standard Terms and Conditions

Attachments:

A - CDBG Application

Request For Proposal #2023-RFP-011PR Title: CDBG - Fair Housing

1. INTRODUCTION

1.1. Summary

The CDBG Program is currently seeking projects that will provide fair housing education and outreach services, as well as, reporting on the number, bases, and resolution of fair housing complaints within the

56 participating jurisdictions of the Dane County Urban County Consortium or at agencies/organizations that provide services to participating jurisdictions.

1.2. Background

Title VIII of the Civil Rights Act of 1968, as amended (the Fair Housing Act), prohibits discrimination in all housing-related activities on the basis of race, color, religion, sex, national origin, familial status, and disability. As of February 3, 2012 HUD implemented policies to ensure that its programs were open to all eligible persons and families regardless of sexual orientation, gender identity, or marital status. Section

808(e)(5) of the Fair Housing Act also requires the Secretary of HUD to administer the Department’s housing and community development programs in a manner to affirmatively further fair housing.

Actions to affirmatively further fair housing are to further policies of the Fair Housing Act by actively promoting wider housing opportunities for all persons while maintaining a nondiscriminatory environment in all aspects of public and private housing markets.

Title VIII of the Civil Rights Act of 1968, as amended (the Fair Housing Act), prohibits discrimination in all housing-related activities on the basis of race, color, religion, sex, national origin, familial status, and disability. As of February 3, 2012 HUD implemented policies to ensure that its programs were open to all eligible persons and families regardless of sexual orientation, gender identity, or marital status. Section

808(e)(5) of the Fair Housing Act also requires the Secretary of HUD to administer the Department’s housing and community development programs in a manner to affirmatively further fair housing.

Actions to affirmatively further fair housing are to further policies of the Fair Housing Act by actively promoting wider housing opportunities for all persons while maintaining a nondiscriminatory environment in all aspects of public and private housing markets.

Chapter 31 of the Dane County Ordinances covers the Dane County Fair Housing regulations. This ordinance states, “that all persons shall have an equal opportunity for housing regardless of race, gender, age, religion, color, national origin, ancestry, marital status, domestic partnership status, family status, mental illness, disability, physical appearance, lawful source of income, student status, arrest or conviction record, sexual orientation, military discharge status, political beliefs, status as a victim of domestic violence, or the fact that a person declines to disclose his or her Social Security Number when such disclosure is not compelled by state or federal law, or the person is associated with a tenant union.”

The Wisconsin State Assembly passed two key pieces of legislation which were signed by the Governor, SB 466 and 2011 Wisconsin Act 108, which will be implemented in 2012 that can significantly impact the rights of tenants in Dane County.

The Analysis of Impediments to Fair Housing Choice in Dane County, Wisconsin prepared by Maxfield

Research, Inc. reviewed data from a survey conducted by the County in 2010. The results showed that

19% of persons feel that hosing discrimination was an issue in their neighborhood. Almost 5% of respondents stated they believed they had experienced housing discrimination, of which 91% did not report the incident. When asked why they did not report, nearly 48% indicated they felt it would not make any difference and 14% indicated it was too much trouble. The report also examined fair housing complaint data filed at the local, state, and federal level. One of the issues raised in the report was that the authors were unable to obtain information regarding the resolution of fair housing complaints in

Dane County which calls into the question the efficacy of efforts if the resolution is unknown.

The Analysis of Impediments to Fair Housing Choice in Dane County, Wisconsin also examined home mortgage disclosure data from the Federal Financial Institutions Examinations Council (FFIEC). The data revealed that a greater percentage of loan applications made by Whites resulted in loan originations

(78%) than those made by Black/African Americans (68%), Asians (66%), or Latinos (54%).

The Analysis of Impediments to Fair Housing Choice in Dane County, Wisconsin recommended that Dane

County obtain and review statistics on the resolution of Fair Housing complaints filed with the appropriate jurisdictions. In addition, it was recommended that additional publicity efforts be made to alert homeowners in Dane County of the services available and to work with local lending institutions and other groups to inform and educate homeowners regarding their rights. Further it was recommended that continuing education and outreach on general and specific issues related to fair housing be provided.

1.3. Contact Information

Megan Rogan

Purchasing Officer

210 Martin Luther King Jr. Blvd. Rm. 425

Madison, WI 53703

Email: rogan.megan@countyofdane.com

Phone: (608) 283-1487

Department:

Purchasing

1.4. Timeline

Release Project Date December 13, 2022

Question Submission Deadline January 17, 2023, 2:00pm

Question Response Deadline January 20, 2023, 2:00pm

Proposal Submission Deadline January 25, 2023, 2:00pm mailto:rogan.megan@countyofdane.com tel:(608)283-1487

2. RFP OVERVIEW

2.1. Introduction

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal according to the specifications set forth within this document.

The County intends to use the results of this process to award a contract or issue of purchase order for the product(s) and or services(s) stated: The CDBG Program is currently seeking projects that will provide fair housing education and outreach services, as well as, reporting on the number, bases, and resolution of fair housing complaints within the 56 participating jurisdictions of the Dane County Urban

County Consortium or at agencies/organizations that provide services to participating jurisdictions.

The Dane County Purchasing Division is the sole point of contact for questions and issues that may arise during the RFP process.

2.2. Clarification of the Specifications

All inquiries concerning this RFP must be submitted via the County's eProcurement Portal.

Any questions concerning this RFP must be submitted before 2:00 pm on Tuesday, January 17, 2023.

Proposers are expected to raise any questions, exceptions, or additions they have concerning the RFP document at this point in the RFP process. If a proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the proposer should immediately notify the contact person of such error and request modification or clarification of the RFP document.

Proposers are prohibited from communicating directly with any employee of Dane County, except as described herein. No County employee or representative other than those individuals listed as County contacts in this RFP is authorized to provide any information or respond to any question or inquiry concerning this RFP.

2.3. Vendor Conference

A vendor conference will not be held for this RFP.

2.4. Calendar of Events

Specific and estimated dates and times of actions related to this RFP are listed in the timeline in the

Introduction section above. The actions with specific dates must be completed as indicated unless otherwise changed by the County. In the event that the County finds it necessary to change any of the specific dates and times in the calendar of events listed below, it will do so by issuing an addendum to this RFP and posting such addendum on the Dane County eProcurement Portal. There may or may not be a formal notification issued for changes in the estimated dates and times.

2.5. Submittal Instructions

Dane County reserves the right to accept any part of this bid deemed to be in the best interest of the

County. The County also retains the right to accept or reject any or all bids.

Proposals must be submitted via the County's eProcurement Portal before NO VALUE on Wednesday, January 25, 2023. Late, faxed, mailed, hand-delivered, or incomplete proposals will be rejected unless otherwise specified. Dane County is not liable for any cost incurred by proposers in replying to this RFP.

All proposals must be saved in PDF format unless otherwise specified within the RFP document and the file name shall include the RFP# and name of business submitting proposal.

Example of how to name the files:

120012 – Vendor Name

To Submit a Proposal:

1. Register at the County's eProcurement Portal at https://procurement.opengov.com/portal/countyofdane

2. Once registered, click on the "draft" button to draft your proposal.

3. Provide company information

4. Answer Vendor Questionnaire

5. Where indicated upload the required documents.

6. The file upload status can be seen for each document uploaded.

7. Confirm all files have been uploaded

8. Review your work and click on "submit" proposal

9. Acknowledge any addenda

3. EVALUATION

No. Evaluation Criteria Scoring Method Weight (Points)

1. Beneficiaries Points Based 100 (11.1% of Total)

2. Project Approach Points Based 300 (33.3% of Total)

3. Experience and Qualifications Points Based 200 (22.2% of Total)

4. Program Budget Points Based 200 (22.2% of Total)

5. Past Performance

* If the organization has been previously funded, a review of past expenditures and performance shows that the organization has been able to meet timelines and goals in a reasonable fashion. Compliance with the contract will include, but not be limited to, submission of reports and adherence to scope of services. (Worth up to 10 points with maximum points being awarded to new projects.)

Points Based 100 (11.1% of Total)

4. PROJECT OVERVIEW/SCOPE OF SERVICES

4.1. 2022-2024 CDBG Fair Housing Program Application

The Dane County Application for 2023-2024 CDBG Funds for Fair Housing Education and Outreach

Services may be downloaded from the Attachments Section of this RFP Posting. The application must be completed in it's entirety, including a completed budget and applicable resumes.

Dane County requires that all applicants follow/use the application format provided, complete all question fields, and sign the Vendor Affidavit via the Questionnaire and the Application form. Failure to do so may result in the application to become ineligible for funding and may not be scored.

The completed application shall be uploaded via Question #1 of the Questionnaire section of this RFP posting.

4.2. Eligible Applicants

Eligible applicants include State and local government agencies and non-profit agencies.

Preference will be given HUD-approved agencies in both the Fair Housing Initiative Program (FHIP) and

Fair Housing Assistance Program (FHAP). These are defined under 24 CFR 125.103 as:

Qualified Fair Housing Enforcement Organization (QFHO) – an organization, engaged in fair housing enforcement activities, whether or not enforcement is its sole activity, that: (1) is organized as a private, tax-exempt, nonprofit, charitable organization; (2) has at least 2 years experience in complaint intake, complaint investigation, testing for fair housing violations and enforcement of meritorious claims; and

(3) is currently engaged in complaint intake, complaint investigation, testing for fair housing violations and enforcement of meritorious claims.

Fair Housing Enforcement Organization (FHO) – an organization, engaged in fair housing enforcement activities, whether or not enforcement is its sole activity, that: (1) is organized as a private, tax-exempt, nonprofit, charitable organization; (2) is currently engaged in complaint intake, complaint investigation, testing for fair housing violations and enforcement of meritorious claims; and (3) upon receipt of FHIP funds, will continue to be engaged in complaint intake, complaint investigation, testing for fair housing violations and enforcement of meritorious claims.

4.3. Eligible Activities

Eligible fair housing activities as defined under 24 CFR 570.206 (c ) are “making all persons, without regard to race, color, religion, sex, national origin, familial status or handicap, aware of the range of housing opportunities available to them; other fair housing enforcement, education and outreach activities; and other activities designed to further the housing objective of avoiding undue concentrations of assisted persons in areas containing a high proportion of low and moderate income persons.”

The CDBG Program is interested in efforts to provide information to persons whose primary language is not English, such as Asian and Latino populations regarding their fair housing rights and the complaint process to address fair housing issues. In addition the Program is interested in the provision of education and outreach to residents and housing providers in the Dane County Urban County

Consortium to make them aware of the expanded Dane County Fair Housing Ordinance.

4.4. Eligible Costs

The standards for determining the reasonableness, allowability, and allocability of costs incurred as part of CDBG-financed activities may be found in OMB Circular A-87 for governmental subrecipients, OMB

Circular A-122 for non-profit subrecipients, and OMB Circular A-21 for educational institutions.

Expenditures must be necessary, reasonable, and directly related to the grant. These may include: staff and overhead costs directly related to carrying out the fair housing activities; and costs to provide activity related information services, such as affirmative marketing and fair housing information to prospective homeowners and tenants.

4.5. Ineligible Costs

The standards for determining the reasonableness, allowability, and allocability of costs incurred as part of CDBG-financed activities may be found in OMB Circular A-87 for governmental subrecipients, OMB

Circular A-122 for non-profit subrecipients, and OMB Circular A-21 for educational institutions.

Ineligible costs include, but may not be limited to:

Entertainment, Contributions and donations, Fines and penalties, Bad debts, Political activities, General governmental expenses, Purchase of construction equipment, Personal property, furnishings, fixtures, or motor vehicles;

Operating and maintenance expenses, and

Income payments.

4.6. Objectives

To promote fair housing activities that will affirmatively further fair housing in the 58 participating jurisdictions in the Dane County Urban County Consortium.

4.7. Needs

1. Projects must assist low-and-moderate-income persons in the participating municipalities of the Dane

County Urban County Consortium.

2. It is expected that projects will meet documented community needs. This includes needs identified in the Analysis of Impediments to Fair Housing Choice in Dane County, Wisconsin 2010, which is available on the County web site at:

http://pdf.countyofdane.com/humanservices/cdbg/2011/analysis_of_impediments_to_fair_housing_ch oice_2011_final.pdf and through other “hard” data sources.

3. The project may not begin until the environmental review requirements at Part 58 are met and the

County has given notice to proceed.

4. Any additional funding needed to make the project viable must be secured in order for a contract to be executed.

5. Projects must be able to begin and end in the year in which the contract is awarded, i.e., 2022

4.8. Current Operations

In 2021 and 2022, a grant was awarded to the Metropolitan Milwaukee Fair Housing Council for Fair

Housing Education and Outreach Services.

5. RFP REPONSES REQUIREMENTS

5.1. RFP RESPONSE PREPARATION REQUIREMENTS

Proposers shall submit their proposal response document(s) via question #1 of the Vendor

Questionnaire.

The proposal response shall be submitted in PDF Format per the instructions in section 2 RFP OVERVIEW

- Submittal Instructions.

The Cost Proposal response shall be submitted separately via question #2 of the Vendor Questionnaire.

Proposals shall be organized to comply with the section numbers and names as shown below. Each section heading shall be clearly marked. Graphics may be included.

5.2. Need and Justification

The project need and justification adequately describes the problem that is being addressed by the proposed project. Statements are substantiated with “hard” data sources. Provides a description of how funds may be targeted to areas of greatest need

5.3. Beneficiaries

The application describes the population to be served. Additional points will be given to projects located in census tracts where 51% of the population are considered low-and-moderate income. The application should clearly describe the population targeted to receive fair housing education and outreach services.

5.4. Project Approach

The application provides:

• A detailed description of the scope of work that will be undertaken and a description of how the work will address the identified problems.

• A description of any partnerships that have been or will be formed to ensure the success of the project.

• Provides a description of the outcomes or expected benefits of this project for the population to be served

• A work plan for how the project/program will be organized, implemented, operated, and administered, and the timeline and milestones from initiation to completion. Work on the project – meaning funds will be spent – will begin in 2021.

5.5. Experience and Qualifications

The application provides documentation to justify the organization’s capacity to conduct this project.

The project is consistent with the mission of the organization. The organization has undertaken projects of similar complexity to the one for which funds are being requested. There are staff resources with the skills and experience to administer and conduct an accountable and responsible project. There appears to be adequate board and management oversight.

5.6. Financial Information

The application clearly explains and justifies each proposed budget line item and why CDBG funding is required to make the project viable. An explanation of the bases of the cost estimates for the project is included. The budget is realistic. The organization is financially stable. Efforts have been made to secure and to leverage other funding for the project.

5.7. Mandatory Requirements

In order to be evaluated, programs must:

NOTE: Programs not meeting the mandatory requirements will not be evaluated.

1. Be an eligible activity.

2. Be located in, or provide services to residents of one of the member communities of the Dane County

Urban County Consortium identified in Appendix A.

3. Address one of the funding priority areas established by the CDBG Commission.

4. Not be a HUD listed debarred or ineligible contractor.

6. VENDOR QUESTIONNAIRE

6.1. Upload your Application*

Please upload your completed application, including a detailed budget and any applicable resumes as requested.

The Application document must be completed in it's entirety and signed. Failure to do so may result in the application to become ineligible for funding and may not be scored.

*Response required

6.2. Fair Labor Practice Certification *

Has your company been found by the National Labor Relations Board ("NLRB") or the Wisconsin

Employment Relations Commission ("WERC") to have violated any statute or regulation regarding labor standards or relations in the seven years prior to the date this bid submission is signed?

If yes is answered, a copy of any relevant information regarding such violation is required to be uploaded with your bid submission.

Additional information about the NLRB and WERC can be found using the following links:

www.nlrb.gov and http://werc.wi.gov.

☐ Yes and any relevant information regarding such violation has been or will be uploaded with this bid submission.

☐ No

*Response required

6.3. Designation of Confidential and Proprietary Information*

Please specify what information you wish to designate as confidential and proprietary. Please identify section/ pages/ topic /documents, etc.

NOTE: Pricing sections cannot be designated as confidential and proprietary.

If nothing will be designated, simply type "None" in the section below.

*Response required

6.4. Supplemental Document Upload

Upload any additional or required information documents that supplements this solicitation.

6.5. W9 Upload*

Upload your company's W9 form.

NOTE: The W9 is required to be signed within the past 12 months

*Response required http://www.nlrb.gov/ http://werc.wi.gov/

6.6. I understand that if any addendum is issued I will have to acknowledge the posted addendum. *

☐ Yes

☐ No

*Response required

6.7. If an addendum is posted after I have submitted my proposal response and the resulting addendum requires action to be taken either in the Specification Section or Pricing Section, I understand that:*

1. I will have to unsubmit my proposal response.

2. I will have to acknowledge the posted addendum.

3. I will have to take action in responding to the changes on either the Specification Section or Pricing

Section.

4. I will then have to resubmit my proposal response.

Further instructions on addendum(a) postings can be found here.

☐ Yes

☐ No

*Response required

6.8. Vendor Affidavit- Electronic Signature *

Once you start your solicitation you will be asked to complete a DocuSign form.

NOTE: For detailed instructions on how to complete the forms via DocuSign, please access the help articles below:

How to Complete DocuSign Forms

How to Download, Complete and Upload without DocuSign

Click here to go to the form

*Response required https://help.procurement.opengov.com/en/articles/4413350-managing-addenda https://help.procurement.opengov.com/en/articles/5659414-how-to-complete-docusign-forms https://help.procurement.opengov.com/en/articles/5608000-how-to-download-docusign-forms https://na4.docusign.net/Member/PowerFormSigning.aspx?PowerFormId=752b9c64-2ac9-4b3a-8cf0-fed78828d260&env=na4&acct=89dea4ef-d946-42fe-b789-43edb8d4c6b1&v=2

7. GENERAL GUIDELINES AND TERMS & CONDITIONS

GENERAL INFORMATION

7.1. Reasonable Accommodations

The County will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you need accommodations at a proposal opening/vendor conference, contact the Purchasing Officer listed or call

WI Relay 711 for TDD Services.

7.2. Addenda and Revisions

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFP, revisions/amendments and/or supplements will be posted via the County’s eProcurement Portal.

It shall be the responsibility of the proposers to regularly monitor the web site for any such postings.

Proposers must acknowledge the receipt/review of any addendum(s) via the eProcurement Portal.

7.3. Contract Term and Funding

The contract shall be effective on the date indicated on the purchase order or the contract execution date and shall run until completion of the project.

7.4. Bid Opening and Summary Posting

Dane County Purchasing will complete a summary for bids as soon as possible. The only information provided at an opening of an RFP is the name of each vendor submitting a proposal.

7.5. Multiple Proposals

Multiple proposals from a vendor will be permissible, however each proposal must conform fully to the requirements for proposal submission. Each such proposal must be submitted separately and labeled as

Proposal #1, Proposal #2, etc.

Multiple proposals from a vendor will be permissible; however, the proposer must create separate accounts with separate log-in sequences, emails, and passwords on the County’s ePcourement Portal.

Please message procurementsupport@opengov.com with any questions regarding set up.

7.6. Proposal Organization and Format

Proposers must respond to the Vendor Questionnaire via the eProcurement Portal and organize based on submission instructions.

7.7. Designation of Confidential and Proprietary Information

All restrictions on the use of data contained within a proposal and all confidential information must be clearly stated on the Vendor Information Attachment under the “Designation of Confidential and

Proprietary Information” section.

Proprietary information submitted in a proposal, or in response to the RFP, will be handled in accordance with the applicable Wisconsin State Statute(s).

Submitted pricing will always become public information when proposals are opened and therefore cannot be designated as confidential.

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in Sect.

134(80)(1)(c) Wis. State Statutes, as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

To the extent permitted by law, it is the intention of Dane County to withhold the contents of the proposal from public view until such times as competitive or bargaining reasons no longer require non-disclosure, in the opinion of Dane County. At that time, all proposals will be available for review in accordance with the Wisconsin Open Records Law.

In the event the Designation of Confidentiality of this information is challenged, is required to provide legal counsel or other necessary assistance to defend the Designation of Confidentiality.

Failure to designate confidential and proprietary information within the Designation of Confidential and

Proprietary Information section of the Vendor Information Attachment may mean that all information provided as part of the proposal response will be open to examination or copying. The County considers other markings of confidential in the proposal document to be insufficient. The undersigned agrees to hold the County harmless for any damages arising out of the release of any material unless they are specifically identified within the Designation of Confidential and Proprietary Information section of the

Vendor Information Attachment.

7.8. Cooperative Purchasing

Participating in cooperative purchasing gives vendors the opportunity for additional sales without additional bidding. Municipalities and state agencies use cooperative purchasing to expedite purchases.

A “municipality” is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (20, Wis. Stats.

On the Vendor Information page, you will have the opportunity to participate in allowing municipalities and state agencies to piggyback this bid. Participation is not mandatory. A vendor’s decision on participating in this service has no effect on awarding the bid.

Dane County is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases.

7.9. Vendor Registration

Vendors are required to register at the County’s eProcurement Portal. Registration is free and will ensure that you receive notifications of solicitations that match your profile and category code(s).

Registering allows a vendor the opportunity to receive notifications for bids issued by the County and provides the County with up-to-date company contact information.

Once registered, please check to make sure your vendor information including commodity codes is up-to-date by signing into your account at:

https://procurement.opengov.com/portal/countyofdane.

7.10. Local Purchasing Ordinance

Under County ordinances, a Local Vendor is defined as a supplier or provider of equipment, materials, supplies or services that has an established place of business within the County of Dane. An established place of business means a physical office, plant or other facility. A post office box address does not qualify a vendor as a Local Vendor.

County ordinance provides that a local vendor automatically receive five points toward the evaluation score.

Vendors located within the counties adjacent to Dane County (Columbia, Dodge, Green, Iowa, Jefferson, Rock, Sauk) automatically receive two points toward the evaluation score.

7.11. Dane County Sustainability Principles

On October 18, 2012, the Dane County Board of Supervisors adopted Resolution 103, 2012-2013 establishing the following sustainability principles for the county:

• Reduce and eventually eliminate Dane County government’s contribution to fossil fuel dependence and to wasteful use of scarce metals and minerals;

• Reduce and eventually eliminate Dane County government’s contribution to dependence upon persistent chemicals and wasteful use of synthetic substances;

• Reduce and eventually eliminate Dane County government’s contribution to encroachment upon nature and harm to life-sustaining ecosystems (e.g., land, water, wildlife, forest, soil, ecosystems);

• Reduce and eventually eliminate Dane County government’s contribution to conditions that undermine people’s ability to meet their basic human needs.

7.12. Fair Labor Practices

Dane County Ord. 25.09 (1) is as follows:

(28) BIDDER RESPONSIBILITY. (a) Any bid, application or proposal for any contract with the county, including public works contracts regulated under chapter 40, shall include a certification indicating whether the bidder has been found by the National Labor Relations Board (NLRB) or the Wisconsin

Employment Relations Committee (WERC) to have violated any statute or regulation regarding labor standards or relations within the last seven years. The purchasing manager shall investigate any such finding and make a recommendation to the committee, which shall determine whether the conduct resulting in the finding affects the bidder’s responsibility to perform the contract.

If you indicate that you have been found by the NLRB or WERC to have such a violation on the Vendor

Information page, you must include a copy of any relevant information regarding such violation with your proposal, bid or application.

Additional information about the NLRB and WERC can be found using the following links:

www.nlrb.gov and http://werc.wi.gov.

7.13. Preliminary Evaluation

The proposals will first be reviewed to determine if requirements in Section 1 and Section 3 are met.

Failure to meet mandatory requirements will result in the proposal being rejected. In the event that all vendors do not meet one or more of the mandatory requirements, the County reserves the right to continue the evaluation of the proposals and to select the proposal which most closely meets the requirements specified in this RFP.

7.14. Proposal Scoring

Accepted proposals will be reviewed by an evaluation team and scored against the stated criteria in

Section 3 of the RFP document. This scoring will determine the ranking of vendors based upon their written proposals. If the team determines that it is in the best interest of the County to require oral presentations, the highest-ranking vendors will be invited to make such presentations. Those vendors that participate in the interview process will then be scored, and the final ranking will be made based upon those scores.

7.15. Oral Presentations/Interview

Top ranked selected proposers may be required to make oral interview presentations and/or site visits to supplement their proposals, if requested by the County. The County will make every reasonable attempt to schedule each presentation at a time and location that is agreeable to the proposer. Failure of a proposer to conduct a presentation to the County on the date scheduled may result in rejection of the vendor’s proposal.

7.16. Right to Reject Proposals and Negotiate Contract Terms

The County reserves the right to reject any and all proposals and to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the County may negotiate a contract with the next highest scoring proposer.

7.17. Award and Final Offers

The award will be granted in one of two ways. The award may be granted to the highest scoring responsive and responsible proposer. Alternatively, the highest scoring proposer or proposers may be http://www.nlrb.gov/ http://werc.wi.gov/ requested to submit final and best offers. If final and best offers are requested, they will be evaluated against the stated criteria, scored and ranked. The award will then be granted to the highest scoring proposer.

7.18. Notification of Intent to Award

As a courtesy, the County may send a notification of award memo to responding vendors at the time of the award.

7.19. General Instructions on Submitting Cost Proposals

The Cost Proposal section of this RFP is a separate document and can be found on the www.danepurchasing.com as part of the posting for this RFP. The Cost Proposal section shall be completed and submitted separately from the RFP Response document.

The proposal will be scored using a standard quantitative calculation where the most cost criteria points will be awarded to the proposal with the lowest cost.

7.20. Fixed Price Period

All prices, costs, and conditions outlined in the proposal shall remain fixed for 180 days.

8. STANDARD TERMS AND CONDITIONS

8.1. APPLICABILITY:

The terms and conditions set forth in this document apply to Requests for Proposals (RFP), Bids and all other transactions whereby the County of Dane acquires goods or services, or both.

8.2. ENTIRE AGREEMENT:

These Standard Terms and Conditions shall apply to any contract, including any purchase order, awarded as a result of this request. Special requirements of a resulting contract may also apply. Said written contract with referenced parts and attachments shall constitute the entire agreement, and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the County. Unless otherwise stated in the agreement, these standard terms conditions supersede any other terms and/or conditions applicable to this agreement.

8.3. DEFINITIONS:

As used herein, “vendor” includes a provider of goods or services, or both, who is responding to an RFP or a bid, and “bid” includes a response to either an RFP or a bid.

8.4. SPECIFICATIONS

The specifications herein are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability or performance level, or any combination thereof, desired. When alternates are proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. Dane County shall be the sole judge of equivalency. Vendors are cautioned to avoid proposing alternates to the specifications that may result in rejection of their bid.

8.5. DEVIATIONS AND EXCEPTIONS:

Deviations and exceptions from terms, conditions, or specifications shall be described fully in writing, signed, and attached to the bid. In the absence of such statement, the bid shall be accepted as in strict compliance with all terms, conditions, and specifications and vendor shall be held liable for injury resulting from any deviation.

8.6. QUALITY:

Unless otherwise indicated in the request, all material shall be first quality. No pre-owned, obsolete, discontinued or defective materials may be used.

8.7. QUANTITIES:

The quantities shown herein are based on estimated needs. The County reserves the right to increase or decrease quantities to meet actual needs.

8.8. DELIVERY:

Deliveries shall be FOB destination freight prepaid and included unless otherwise specified. County will reject shipments sent C.O.D. or freight collect.

8.9. PRICING:

Unit prices shown on the bid shall be the price per unit of sale as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid evaluation and contract administration.

1 Prices established in continuing agreements and term contracts may be lowered due to market conditions, but prices shall not be subject to increase for the term specified in the award. Vendor shall submit proposed increases to the Purchasing Division thirty (30) calendar days before the proposed effective date of the price increase. Proposed increases shall be limited to fully documented cost increases to the vendor that are demonstrated to be industry wide. Price increases may not be granted unless they are expressed in bid documents and contracts or agreements.

2 Submission of a bid constitutes bidder’s certification that no financial or personal relationship exists between the bidder and any county official or employee except as specially set forth in writing attached to and made a part of the bid. The successful bidder shall disclose any such relationship which develops during the term of the contract.

8.10. ACCEPTANCE-REJECTION:

Dane County reserves the right to accept or reject any or all bids, to waive any technicality in any bid submitted and to accept any part of a bid as deemed to be in the best interests of the County.

Submission of a proposal or a bid constitutes the making of an offer to contract and gives the County an option valid for 60 days after the date of submission to the County.

1 Proposals must be submitted via the County's eProcurement Portal. THERE WILL BE NO EXCEPTIONS

TO THIS POLICY.

8.11. METHOD OF AWARD:

Award shall be made to the lowest responsible responsive bidder conforming to specifications, terms, and conditions, or to the most advantageous bid submitted to the County on a quality versus price basis.

8.12. ORDERING/ACCEPTANCE:

Written notice of award to a vendor in the form of a purchase order or other document, mailed or delivered to the address shown on the bid will be considered sufficient notice of acceptance of bid. A formal contract containing all provisions of the contract signed by both parties shall be used when required by the Dane County Purchasing Division.

8.13. PAYMENT TERMS AND INVOICING:

Unless otherwise agreed, Dane County will pay properly submitted vendor invoices within thirty (30) days of receipt of goods and services. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order.

1. NO WAIVER OF DEFAULT: In no event shall the making of any payment or acceptance of any service or product required by this Agreement constitute or be construed as a waiver by County of any breach of the covenants of the Agreement or a waiver of any default of the successful vendor, and the making of any such payment or acceptance of any such service or product by County while any such default or breach shall exist shall in no way impair or prejudice the right of County with respect to recovery of damages or other remedy as a result of such breach or default.

8.14. TAXES:

The County and its departments are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The State of Wisconsin

Department of Revenue has issued tax exempt number ES41279 to Dane County.

1. The County is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. The County is exempt from Wisconsin sales or use tax on these purchases. The County may be subject to other states’ taxes on its purchases in that state depending on the laws of that state. Vendors performing construction activities are required to pay state use tax on the cost of materials.

8.15. GUARANTEED DELIVERY:

Failure of the vendor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the vendor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include administrative costs.

8.16. APPLICABLE LAW AND VENUE:

This contract shall be governed under the laws of the State of Wisconsin, and venue for any legal action between the parties shall be in Dane County Circuit Court. The vendor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct.

8.17. ASSIGNMENT:

No right or duty in whole or in part of the vendor under this contract may be assigned or delegated without the prior written consent of Dane County.

8.18. NONDISCRIMINATION/AFFIRMATIVE

ACTION: During the term of this Agreement the vendor agrees, in accordance with sec. 111.321, Wis.

Stats., and Chapter 19 of the Dane County Code of Ordinances, not to discriminate against any person, whether an applicant or recipient of services, an employee or applicant for employment, on the basis of age, race, ethnicity, religion, color, gender, disability, marital status, sexual orientation, national origin, cultural differences, ancestry, physical appearance, arrest record or conviction record, military participation or membership in the national guard, state defense force or any other reserve component of the military forces of the United States, or political beliefs. The vendor shall provide a harassment-free work environment. These provisions shall include, but not be limited to, the following:

employment, upgrading, demotion, transfer, recruitment, advertising, layoff, termination, training, including apprenticeships, rates of pay or other forms of compensation.

1. Vendors who have twenty (20) or more employees and a contract of twenty thousand dollars

($20,000) or more must submit a written affirmative action plan to the County’s Contract Compliance

Officer within fifteen (15) working days of the effective date of the contract. The County may elect to accept a copy of the current affirmative action plan filed with and approved by a federal, state or local government unit.

2. The vendor agrees to post in conspicuous places, available for employees and applicants for employment, notices setting forth the provisions of this Agreement as they relate to affirmative action and nondiscrimination.

3. Failure to comply with these Terms and Conditions may result in the vendor being debarred, termination of the contract and/or withholding of payment.

4. The vendor agrees to furnish all information and reports required by Dane County’s Contract

Compliance Officer as the same relate to affirmative action and nondiscrimination, which may include any books, records, or accounts deemed appropriate to determine compliance with Chapter 19, D.C.

Ords. and the provisions of this Agreement.

5. AMERICANS WITH DISABILITIES ACT: The vendor agrees to the requirements of the ADA, providing for physical and programmatic access to service delivery and treatment in all programs and activities.

8.19. PATENT, COPYRIGHT AND TRADEMARK INFRINGEMENT:

The vendor guarantees goods sold to the County were manufactured or produced in accordance with applicable federal labor laws, and that the sale or use of the articles described herein do not infringe any patent, copyright or trademark. The vendor covenants that it will, at its own expense, defend every suit which shall be brought against the County (provided that such vendor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent, copyright or trademark by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit.

8.20. SAFETY REQUIREMENTS:

All materials, equipment, and supplies provided to the County must fully comply with all safety requirements as set forth by the Wisconsin Department of Commerce and all applicable OSHA

Standards.

1. MATERIAL SAFETY DATA SHEET: <body> If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29 CFR 1910.1200, provide one (1) copy of the Material Safety

Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).

8.21. WARRANTY:

Unless specifically expressed otherwise in writing, goods and equipment purchased as a result of this request shall be warranted against defects by the vendor for one (1) year from date of receipt. An equipment manufacturer’s standard warranty shall apply as a minimum and must be honored by the vendor.

8.22. INDEMNIFICATION & INSURANCE.

1. Vendor shall indemnify, hold harmless and defend County, its boards, commissions, agencies, officers, employees and representatives against any and all liability, loss (including, but not limited to, property damage, bodily injury and loss of life), damages, costs or expenses which County, its officers, employees, agencies, boards, commissions and representatives may sustain, incur or be required to pay by reason of vendor furnishing the services or goods required to be provided under this Agreement, provided, however, that the provisions of this paragraph shall not apply to liabilities, losses, charges, costs, or expenses caused by or resulting from the acts or omissions of County, its agencies, boards, commissions, officers, employees or representatives. The obligations of vendor under this paragraph shall survive the expiration or termination of this Agreement.

2.. In order to protect itself and County its officers, boards, commissions, agencies, agents, volunteers, employees and representatives under the indemnity provisions of the subparagraph above, vendor shall, at vendor’s own expense, obtain and at all times during the term of this Agreement keep in full force and effect the insurance coverages, limits, and endorsements listed below. When obtaining required insurance under this Agreement and otherwise, vendor agrees to preserve County’s subrogation rights in all such matters that may arise that are covered by vendor’s insurance. Neither these requirements nor the County’s review or acceptance of vendor’s certificates of insurance is intended to limit or qualify the liabilities or obligations assumed by the vendor under this Agreement.

The County expressly reserves the right to require higher or lower insurance limits where County deems necessary.

2.1 Commercial General Liability.

Vendor agrees to maintain Commercial General Liability insurance at a limit of not less than $1,000,000 per occurrence. Coverage shall include, but not be limited to, Bodily Injury and Property Damage to

Third Parties, Contractual Liability, Personal Injury and Advertising Injury Liability, Premises-Operations, Independent vendors and Subcontractors, and Fire Legal Liability. The policy shall not exclude Explosion, Collapse, and Underground Property Damage Liability Coverage. The policy shall list DANE COUNTY as an

Additional Insured.

2.2. Commercial/Business Automobile Liability.

Vendor agrees to maintain Commercial/Business Automobile Liability insurance at a limit of not less than $1,000,000 Each Occurrence. Vendor further agrees coverage shall include liability for Owned, Non-Owned & Hired automobiles. In the event vendor does not own automobiles, vendor agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy.

2.3. Environmental Impairment (Pollution) Liability

Vendor agrees to maintain Environmental Impairment (Pollution) Liability insurance at a limit of not less than $1,000,000 per occurrence for bodily injury, property damage, and environmental cleanup costs caused by pollution conditions, both sudden and non-sudden. This requirement can be satisfied by either a separate environmental liability policy or through a modification to the Commercial General

Liability policy. Evidence of either must be provided.

2.4. Workers’ Compensation.

Vendor agrees to maintain Workers Compensation insurance at Wisconsin statutory limits.

2.5. Umbrella or Excess Liability.

Vendor may satisfy the minimum liability limits required above for Commercial General Liability and

Business Auto Liability under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability; however, the Annual Aggregate limit shall not be less than the highest “Each Occurrence” limit for the Commercial General Liability and Business Auto

Liability. vendor agrees to list DANE COUNTY as an “Additional Insured” on its Umbrella or Excess

Liability policy.

3. Upon execution of this Agreement, vendor shall furnish County with a Certificate of…