Employee_Assistance_Program_For_Dane_County_Employees.pdf

REQUEST FOR PROPOSAL

2023-RFP-031PR

EMPLOYEE ASSISTANCE PROGRAM FOR DANE COUNTY

EMPLOYEES

County of Dane

City-County Building, Room 426 , 53703

Madison, WI 53703

RELEASE DATE: February 20, 2023

DEADLINE FOR QUESTIONS: March 27, 2023

RESPONSE DEADLINE: April 5, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

County of Dane

REQUEST FOR PROPOSAL

Employee Assistance Program For Dane County Employees

I. Introduction II. RFP Overview

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

VI. Pricing Proposal VII. Vendor Questionnaire

VIII. General Guidelines IX. Standard Terms and Conditions

Attachments:

A - Dane County_2022_Annual FEI report

Request For Proposal #2023-RFP-031PR Title: Employee Assistance Program For Dane County Employees

1. INTRODUCTION

1.1. Summary

The COUNTY is seeking proposals from qualified firms for Employee Assistance Program (EAP) services in accordance with the Scope of Work specified in this Request for Proposal.

1.2. 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

1.3. Timeline

Release Project Date February 20, 2023

Question Submission Deadline March 27, 2023, 2:00pm

Question Response Deadline March 29, 2023, 2:00pm

Proposal Submission Deadline April 5, 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 COUNTY is seeking proposals from qualified firms for

Employee Assistance Program (EAP) services in accordance with the Scope of Work specified in this

Request for Proposal.

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 Monday, March 27, 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. Contract Term Length

The contract shall be effective on the contract execution date and shall run for 5 year Termfrom that date.

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 2:00 pm on Wednesday, April

5, 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.

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. PROJECT OVERVIEW/SCOPE OF SERVICES

3.1. Definitions and Links

The following definitions and links are used throughout the RFP.

County: Dane County

County Agency: Department/Division utilizing the service or product.

Dane County Purchasing website: www.danepurchasing.com

Fair Labor Practices websites: www.nlrb.gov and http://werc.wi.gov

Purchasing

Proposer/Vendor/Firm/Contractor: a company submitting a proposal in response to this RFP.

3.2. Objectives

The contracted vendor shall provide licensed professional social workers, psychologists and/or psychiatrists, and offer one-on-one counseling to employees, and their families, and group counseling to those who have been exposed to highly traumatic events or are experiencing personal and/or work related difficulties. The contracted vendor shall have significant experience with law enforcement officers. The vendor shall be responsible for verifying eligibility of COUNTY employees for EAP, CISM and

CISD services and shall provide the COUNTY with monthly and annual reports related to the respective organizations. The contracted vendor shall provide the COUNTY with on-site training, education, outreach, orientation, in-service training, and counseling services.

3.3. Employee Assistance Program (EAP)

EAP Assessment and Consultation – The awarded PROVIDER shall provide 24 hour, toll free telephone access to live consultors (interpreter and TTY service shall be available at no additional fee) to employees and their dependents for, but not limited to, alcohol abuse, anger management, death/suicide, divorce, domestic violence, drug abuse, emotional depression/anxiety, employee/supervisor conflict, family/parenting, financial, health, housing, job performance, job stress, legal, personal stress, physical/sexual assault, and relationship (marital/couple/personal) issues.

Short-Term Solution-Focused Counseling – The awarded PROVIDER shall provide in person sessions at local offices of local counselors within 20 miles of the City County Building, 210 Martin Luther King Jr.

Blvd, Madison, WI 53703. At the option of a covered employee, services may be provided at an alternate location closer to the home of the covered employee. Telephone counseling on appointment basis shall also be available through local counselors.

A. The awarded PROVIDER shall provide up to four (4) sessions per eligible individual per year, per incident, to include the use of Eye Movement Desensitization and Reprocessing (EMDR) therapy, an integrative psychotherapy approach that has been proven effective for the treatment of trauma, when required.

B. Per incident EAP benefit is defined as up to four (4) authorized short-term solution focused EAP counseling sessions per episode, per benefit year, provided by a professional EAP generalist to assist employees and their dependents to address life problems. Each episode represents a distinct and unique presenting problem as determined by a behavioral healthcare provider. If http://www.nlrb.gov/ http://werc.wi.gov/ the presenting problem or precipitating incident is exceptionally serious, the counselor may refer the employee or his/her dependents to their health insurer’s mental health benefit for a specialist in a specific field or expertise.

Referral Service – when necessary the awarded PROVIDER shall make referrals for continued long-term counseling and/or treatment, to the appropriate medical professionals within the healthcare network of the employee and their dependents. Dane County currently contracts with Dean Care for health care insurance. Most County employees use this network of providers, however, there are exceptions. Prior to making these referrals, the awarded PROVIDER shall consult and make all efforts to thoroughly inform employees of the pre-authorization required and shall assist employee with coordination of the same.

Confidentiality and Health Insurance Privacy Accountability Act (HIPAA) Compliance – The awarded

PROVIDER shall provide for the confidentiality of all information in connection with the use of its services in accordance with federal and state laws, COUNTY policy and professional standards.

3.4. Critical Incident Stress Management (CISM Program)

The awarded PROVIDER shall provide immediate and short-term psychological care aimed at assisting employees involved in a crisis situation to restore equilibrium to their biopsychosocial functioning and to minimize the potential for long-term psychological trauma. CISM crisis counseling to be provided to employees exposed to traumatic events such as, but not limited to, officer-involved shootings, co-worker injury or death, fatality incidents, and crimes against or injury to children and/or developmentally disabled individuals.

CISM counseling shall take place within designated location as specified by COUNTY, within the County.

The crisis counseling shall be one-on-one counseling as follows:

A. In person response to the scene of an incident, if requested, within 2 hours of occurrence

B. A cellular phone number or 1-800 number, which shall facilitate a callback within 20 minutes of a request for service

C. Additional CISM resources as necessary to meet the needs of the County Department.

D. 6 and 12 month, 2-year, 3-year 4-year, and 5-year anniversary follow up CISM counseling sessions with employees after being exposed to traumatic events. Follow-up CISM counseling sessions to be conducted in-person and shall not be limited to anniversaries dates.

E. Annual follow-up CISM counseling sessions for events that transpired prior to the awarded contract, on the anniversaries listed above, for a period of 5 years.

The awarded PROVIDER shall provide eighteen (18) on site response hours annually for the term of the contract. Additional onsite response hours shall be provided on a fee for service basis.

3.5. Critical Incident Stress Debriefing (CISD) Program

The awarded PROVIDER shall provide supportive crisis intervention debriefing counseling to small groups of people who have encountered a traumatic event to prevent and mitigate symptoms of traumatic stress and to promote the recovery and return to normal functioning following work-related exposure to a potentially traumatic event such as, but not limited to, officer-involved shootings, co-worker injury or death, fatality incidents, and crimes against or injury to children and/or developmentally disabled individuals. CISD may involve law enforcement officers from other agencies, as well as fire and emergency medical service providers, dispatchers and non-sworn personnel involved in the traumatic event.

A. CISD debriefings shall be conducted in locations determined by the COUNTY, on dates and times most conducive to the employees and support staff involved.

B. Depending on circumstances, more than one CISD debriefing may take place, for the same incident.

C. CISD debriefings shall take place, but shall not be limited to, within 24-72 hours of the incident occurrence.

D. Up to a total of four (4) CISCD debriefings shall be provided to be shared between the COUNTY

Department. Additional debriefing sessions shall be provided on a fee for service basis.

Up to two (2) CISD debriefings not utilized in any given contract year shall be carried over and be available for future use. The maximum number of inclusive debriefings shall not total more than 6 per year.

3.6. Development, Promotion and Education of Programs

The awarded PROVIDER shall assist in the introduction and promotion of EAP, CISM and CISD through the development of policies, procedures, and distribution of information about the Programs.

No Later than 30 days after the executed contract, the awarded PROVIDER shall provide an electronic copy of the following materials to the designated COUNTY point of contact to assist in the start-up announcement describing the Employee Assistance Program (EAP) and Critical Incident Stress

Management Program Services.

1. Sample Employee Announcement Letter

2. All Services Flyer

3. EAP Services Flyer

4. Legal Services Flyer

5. Financial Services Flyer

6. PROVIDER Website Flyer

Upon request, the awarded PROVIDER shall conduct a 30-minutes web-based EAP Program Orientation for employees

Upon request, the awarded PROVIDER shall conduct a 60-minutes web-based EAP Program Orientation for Supervisory Staff addressing how to best use the EAP as a management tool.

Monthly Program Promotional Emails- brief topical emails sent to designated Dane County Department

Managers (or designated program contacts).

Monthly webinars- webinars for employees will be provided on a variety of EAP and life topics.

3.7. Legal and Financial Services

The awarded PROVIDER shall provide:

• Legal Consultation –a minimum of one telephone and/or 30 minute in-person consultation with an attorney per legal matter.

• Financial consultation – a minimum of one telephone consultation per covered employee per financial matter.

• Identity Theft – online information and education materials and/or consultation with identity theft expert.

3.8. Organizational Services

The awarded PROVIDER shall provide:

• Account Management - Assign an Account Management Team to work with the COUNTY

• Management Consultation – telephonic consultation shall be provided for employees and workplace issues as required

• Case management for job performance referrals

• Education, Training and Mediation

The awarded provider shall assist in the introduction and promotion of the EAP Program through assisting in the development of policies, procedures, and the distribution of information about the program services.

3.9. Additional Training and Services - As Requested

Outreach – PROVIDER shall offer on-site informal open sessions to build understanding and trust of the

EAP. Activities offered at each onsite orientation/outreach session will include informal employee drop-in discussions facilities by the COUNTY and the Account Manager of the EAP, the provision of the EAP informational materials (e.g. brochures, topical flyers, etc.) shall be available at each session. Onsite orientation/outreach meetings will take place at mutually agreed upon dates and times and at the following locations:

West Precinct - 755 West Old Sauk Rd.- Verona, WI 53593 - 2 Times Annually - 4 hours total

Southeast Precinct - 125 Veterans Rd. - Stoughton, WI 53589 - 2 Times Annually - 4 hours total

Northeast Precinct - 4084 Mueller Rd.- Deforest, WI 53532 - 2 Times Annually - 4 hours total

Dane County Courthouse - 215 S. Hamilton St. - Madison, WI 53703 - 1 Time Annually - 3 hours total

Public Safety Building - 115 West Doty Street - Madison, WI 53703 - 2 Times Annually - 4 hours total

City County Building - 210 Martin Luther King Jr. Blvd., Madison, WI 53703 - 2 Times Annually - 4 hours total

**Additional Locations and Departments as Requested

Educational Webinars

Provider shall offer County employee’s educational webinars at a minimum of one webinar per month:

• Provider shall determine webinar dates, time and topic each month

• Webinar dates, time, and topics are subject to change upon mutual agreement of County and Provider

Onsite Training Sessions

County and Provider shall develop date, topic, location and time of training thirty days prior to scheduled onsite training, as required. Provider shall develop training promotional materials and brochures electronically for onsite training no later than 2 weeks prior to each training session.

In-Service Training

Provider shall offer onsite In-Service training when requested. In-Service training shall be 5 days, 3 hours per day, annually. Date, topic, and time of In-Service training shall be determined by County and

Provider 4 weeks prior to the first day of training to allow Provider time to prepare information and materials

3.10. Current Operations

Dane County currently employs 2501 Full-Time staff.

The County currently utilizes FEI Behavioral Health for information, help, assessment, and referral to a professional service providers as necessary.

Over the past 2 years, the following services have been utilized:

99 - individual cases (90 employees, 9 family members) utilized the short-term counseling benefit

32 – information & referral (benefit clarification, in-moment-support, etc.)

Top presenting problems - family relationships, work-related stress, psychological/emotional(depression, anxiety, etc.), legal, anger management

Organizational Services – served 1613 employees

41 – organizational/departmental consultations

25 - critical incidents/Trauma Response

52 – training sessions/webinars

3 – conflict mediations

4. EVALUATION

No. Evaluation Criteria Scoring Method Weight (Points)

1. General Requirements Points Based 20 (19% of Total)

2. Organizational Capabilities Points Based 10 (9.5% of Total)

3. Staff Qualifications Points Based 10 (9.5% of Total)

4. Development and Promotion of EAP Program Points Based 5 (4.8% of Total)

5. Employee Assistance Program Points Based 10 (9.5% of Total)

6. Critical Incident Stress Management Program Points Based 10 (9.5% of Total)

7. Critical Incident Stress Debriefing Program Points Based 10 (9.5% of Total)

8. Referral Services Points Based 5 (4.8% of Total)

9. Cost Points Based 20 (19% of Total)

10. Local Vendor Preference Points Based 5 (4.8% of Total)

5. RFP REPONSES REQUIREMENTS

5.1. RFP RESPONSE PREPARATION REQUIREMENTS

1. RFP Response - Proposers shall upload and submit their proposal response document(s) via Question

#1 of the Vendor Questionnaire.

-The RFP Response shall be organized to comply with the section numbers and names as shown below.

Each section heading shall be clearly marked.

- Cover letters, cover pages and a Table of Contents may be included but are not required.

- Graphics may be included but are not required.

2. Cost Proposal Response

- Complete the Pricing Table located within the RFP posting. If there is no Pricing Table, then look for a

Cost Proposal attachment to download, complete and upload - see instructions below.

- If there is NOT a pricing table included within the RFP posting, then proposers shall download the Cost

Proposal attachment, complete it and then upload and submit the Cost Proposal response document(s) via Question #2 of the Vendor Questionnaire. This document shall be submitted in PDF Format.

All proposal documents 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:

2023-RFP-025 – Vendor Name

2023-RFP-025 – Vendor Name - Cost Proposal

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.

5.2. Organizational Capabilities

Describe the firm’s experience and capabilities in providing similar services to those required, particularly projects with law enforcement and criminal justice agencies. Be specific and identify projects, dates, and results.

5.3. Staff Qualifications

Provide resumes describing the educational and work experiences for each of the key staff who would be assigned to the project.

5.4. Proposer References

Proposers must include in their RFPs a list of organizations, including points of contact (name, address, and telephone number), which can be used as references for work performed in the area of service required. Selected organizations may be contacted to determine the quality of work performed and personnel assigned to the project.

5.5. Mandatory Requirements

The following general requirements are mandatory and must be complied with.

In the proposal response, indicate how you will comply with these requirements

• The contracted vendor shall provide licensed professional, social workers, psychologists and/or psychiatrists, with significant experience in providing counseling services specific to law enforcement officers. Although some EAP, CISM and CISD services may not require it, the contractor shall have a minimum of one psychologist and one psychiatrist on staff. The contractor shall have specialists in the field of EAP, CISM and CISD, not one individual for all three fields.

• Services indicated as 24 hours per day and 7 days per week must be must be available 24 hours per day, 7 days per week.

5.6. Overview of Technical Requirements

For each of the technical requirements listed in the Scope of Services, provide a narrative describing how the firm will approach the requirement and any ideas or experience the firm has regarding the requirement. Any additional ideas that the firm wishes to provided that are not specifically outlined in this RFP should be provided in a separate section following the response to the technical requirements.

6. PRICING PROPOSAL

EAP SERVICES

Line Item Description Unit of Measure Unit Cost

Annual Cost per Employee for EAP Services

1 Annual Cost per Employee for EAP Services from

7/1/2023 - 6/30/2024

YEAR

2 Annual Cost per Employee for EAP Services from

7/1/2024 - 6/30/2025

YEAR

3 Annual Cost per Employee for EAP Services from

7/1/2025 - 6/30/2026

YEAR

4 Annual Cost per Employee for EAP Services from

7/1/2026 - 6/30/2027

YEAR

5 Annual Cost per Employee for EAP Services from

7/1/2027 - 6/30/2028

YEAR

Hourly Cost for Additional Services as Needed

6 Administrative/Planning Services HOUR

7 AP Consults (Initial) HOUR

8 EAP Consults (Follow-Up) HOUR

9 CISM HOUR

10 CISD HOUR

11 Onsite Outreach HOUR

12 Educational Webinars HOUR

13 Onsite Training Sessions HOUR

14 In-Service Training HOUR

PERCENT INCREASE FOR YEAR'S TWO THROUGH FIVE

Line Item Description Unit of Measure Percentage

15 % Increase for Additional Services 7/1/2024-6/30/2025 Percent

16 % Increase for Additional Services 7/1/2025-6/30/2026 Percent

17 % Increase for Additional Services 7/1/2026-6/30/2027 Percent

18 % Increase for Additional Services7/1/2027-6/30/2028 Percent

7. VENDOR QUESTIONNAIRE

7.1. RFP DOCUMENT UPLOADS

7.1.1. Upload your Proposal*

Please DO NOT include Cost information in this section.

*Response required

7.1.2. Supplemental Document Upload

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

7.1.3. W9 Upload*

Upload your company's W9 form.

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

*Response required

7.2. VENDOR INFORMATION

7.2.1. Local Vendor Preference *

Select a Local Vendor Preference:

Vendors located within Dane County 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.

Vendors located outside of Dane County of the 7 counties adjacent to Dane County would choose "No

Preference".

NOTE: A post office box address does not qualify as an established place of business.

☐ No Preference

☐ Yes - Dane County

☐ Yes - Columbia County

☐ Yes - Dodge County

☐ Yes - Green County

☐ Yes - Jefferson County

☐ Yes - Iowa County

☐ Yes - Rock County

☐ Yes - Sauk County

*Response required

7.2.2. 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

7.2.3. Cooperative Purchasing*

Reference Guidelines - Section F.

Does your company agree to furnish the commodities or services of this bid to municipalities and state agencies?

☐ Yes

☐ No

*Response required

7.2.4. 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

7.3. RFP ADDENDA

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

☐ Yes

☐ No

*Response required

7.3.2. 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

7.4. SIGNATURE AFFIDAVIT

7.4.1. RFP Response Signature Affidavit*

This is an electronic signature form via DocuSign that is required to be signed upon finalizing submission of bid or proposal.

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=edc59ca5-ec84-4fbd-949b-c65e2eec75b7&env=na4&acct=89dea4ef-d946-42fe-b789-43edb8d4c6b1&v=2

8. GENERAL GUIDELINES

8.1. 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.

8.2. ADDENDA & 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.

8.3. CONTRACT TERM & 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.

8.4. 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.

8.5. PROPOSAL ORGANIZATION & FORMAT

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

8.6. DESIGNATION OF CONFIDENTIAL & PROPRIETY 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.

8.7. 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.

8.8. 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.

8.9. 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.

8.10. 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.

8.11. FAIR LABOR PRACTICES CERTIFICATION

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.

8.12. 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.

8.13. 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.

8.14. 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.

8.15. RIGHT TO REJECT PROPOSALS & 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.

8.16. AWARD & 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 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.

8.17. 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.

8.18. 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.

8.19. FIXED PRICE PERIOD

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

9. STANDARD TERMS AND CONDITIONS

9.1. 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.

9.2. 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.

9.3. 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.

9.4. 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.

9.5. 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.

9.6. QUALITY

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

9.7. QUANTITIES

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

9.8. DELIVERY

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

9.9. 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.

9.10. 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.

9.11. 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.

9.12. 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.

9.13. 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.

9.14. 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.

9.15. 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.

9.16. 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.

9.17. 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.

9.18. NON-DISCRIMINATION/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.

9.19. 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.

9.20. 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).

9.21. 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.

9.22. 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…