Fitness_Classes_(Onsite_and_or_Virtual).pdf

REQUEST FOR PROPOSAL

2023-RFP-083-PR

FITNESS CLASSES (ONSITE AND/OR VIRTUAL)

County of Dane

City-County Building, Room 425, 53703

Madison, WI 53703

RELEASE DATE: August 14, 2023

DEADLINE FOR QUESTIONS: September 14, 2023

RESPONSE DEADLINE: September 26, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

County of Dane

REQUEST FOR PROPOSAL

Fitness Classes (Onsite and/or Virtual)

I. Introduction II. RFP Overview

III. Contract Term IV. Project Overview/Scope of Services V. RFP Response Requirements & Evaluation Criteria

VI. Pricing Proposal VII. Vendor Questionnaire

VIII. General Guidelines IX. Standard Terms and Conditions

Request For Proposal #2023-RFP-083-PR Title: Fitness Classes (Onsite and/or Virtual)

1. INTRODUCTION

1.1. Summary

Dane County is seeking qualified businesses or individuals to submit proposals to conduct a variety of on-site and/or virtual fitness classes for County employees at several Dane County sites. The purpose of the Dane County Wellness program is to foster a worksite culture that supports and encourages employees’ personal and professional productivity, physical and mental well-being and desire to make healthy lifestyle choices.

The County intends to use the results of this process to award a contract(s) or issuance of purchase order for the product(s) and or services(s) stated above.

1.2. Contact Information

Katelyn Thurs

Human Resources Analyst

210 Martin Luther King Jr. BLVD

Room 418

Madison, WI 53703

Email: thurs.katelyn@countyofdane.com

Phone: (608) 266-4649

Department:

Employee Relations

1.3. Timeline

Release Project Date August 14, 2023

Question Submission Deadline September 14, 2023, 2:00pm

Question Response Deadline September 18, 2023, 2:00pm

Proposal Submission Deadline September 26, 2023, 2:00pm mailto:thurs.katelyn@countyofdane.com tel:(608)266-4649

2. RFP OVERVIEW

2.1. 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 Thursday, September 14, 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.

2.2. CALENDAR OF EVENTS

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

Introduction Section of the RFP. 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.

2.3. 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 Tuesday, September 26, 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 https://procurement.opengov.com/portal/countyofdane

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. CONTRACT TERM

The contract shall be effective on the date indicated on the Dane County Purchase Order or the Dane

County Contract execution date.

Anticipated Contract Term: NO VALUE

If applicable, any optional or renewal terms are not automatic extensions. Renewal terms must be agreed upon mutually by Dane County and Contractor.

Anticipated Contract Terms

Term 1: January 1, 2024- December 31, 2024

Term 2: January 1, 2025- December 31, 2025

Term 3: January 1, 2026- December 31, 2026

Term 4: January 1, 2027- December 31, 2027

Term 5: January 1, 2028- December 31, 2028

4. PROJECT OVERVIEW/SCOPE OF SERVICES

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: https://www.danepurchasing.com/

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

4.1. PROJECT DESCRIPTION

Dane County is seeking qualified businesses or individuals to submit proposals to conduct on-site and/or virtual fitness classes for County employees at County sites to aid in improving overall employee health.

4.2. CURRENT OPERATIONS

Dane County employs approximately 2,500 FTE positions. The current fitness provider is the YMCA of

Dane County. Our current provider has been offering 5 classes per week virtually with the option to hold them onsite at different work locations. Each program runs weekly with the option to change class type up each quarter and 4 meditation classes per quarter. Class times are either scheduled before work

(most employees start at 7:45am), during lunch (employees are given 45 minutes for lunch - start times range from 10:45-12:45), or after work (start times range from 4:45-6:00). The schedule is always subject to change.

Current Schedule for example:

Monday - Fit for Life Cardio Strength - 12:45pm - 1:45pm

Tuesday - Yoga - 6:30am - 7:15am

Wednesday - Yoga - 10:45am - 11:45am

Thursday - Fit for Life Chair Yoga - 12:30pm - 1:15pm

Friday - Freestyle Step & Strength - 11:00am - 11:55am

4.3. WORK LOCATIONS

Onsite Locations could include but not are limited to:

Aging and Disability Resource Center

2865 N Sherman Ave

Madison, WI 53704

City/County Building

210 Martin Luther King Jr Blvd

Madison, WI 53703 https://www.danepurchasing.com/

Lyman F. Anderson Conservation Center

5201 Fen Oak Dr

Madison, WI 53718

Neighborhood Intervention Program

1227 N. Sherman Ave

Madison, WI 53704

Northport

1202 Northport Dr.

Madison, WI 53704

5. RFP RESPONSE REQUIREMENTS & EVALUATION CRITERIA

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

o If applicable, the Local Vendor Preference section is answered within the Vendor

Questionnaire and doesn't need to be included in the RFP Response document.

• Cover Letter / Cover Page o Provide a Cover Letter or Cover page and at minimum should include:

▪ Contact Person for the RFP process

▪ RFP Title

▪ RFP #

▪ Name of Proposer

• Table of Contents may be included but is not required.

• Graphics may be included but are not required.

2. Cost Proposal Response

• Complete the Pricing Table if there is one located within the RFP Posting.

• If there is no Pricing Table within the RFP Posting:

o Download and complete the Pricing Section document from the Attachment Section of the

RFP Posting.

o Upload the completed Pricing Section document to Section 1 of the Vendor Questionnaire.

3. Document Formatting - The RFP Response and Cost Proposal (if applicable) 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:

o RFP Response Document: "2023-RFP-025 – Vendor Name" o Cost Proposal Document (if no pricing table): "2023-RFP-025 – Vendor Name - Cost

Proposal"

4. Evaluation Criteria - each section includes the Point Value assigned to it for evaluation purposes.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Organizational Capabilities

A. Introduction- Provide an overview of why your firm is interested in providing onsite and/or virtual fitness class services to Dane County.

B. Describe the firm's experience and capabilities in providing similar services to those required. Be specific and identify projects, dates, and results.

Points Based 30 (28.6% of Total)

2. Staff Qualifications

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

Points Based 15 (14.3% of Total)

3. Programming

Provide an explanation of the type of classes proposed for Dane County. Include other optional classes that your firm could provide for future sessions. Other Worksite and/or

Virtual wellness programs/activities may be considered. Please provide information about other available options as a supplement to the proposal response. Include pricing for the options via the "Additional Options" section of the cost proposal section.

Points Based 30 (28.6% of Total)

4. Cost Points Based 30 (28.6% of Total)

6. PRICING PROPOSAL

FITNESS CLASS PRICING

**Please provide a rate that is the TOTAL per class (1 session/week for 10 weeks) Example: Tues. Class, 12:00-12:45 pm x 10 weeks = $1,000.00**

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Rate per Class for January 1, 2024 -

December 31, 2024 1 Class

2 Rate per Class for January 1, 2025 -

December 31, 2025 1 Class

3 Rate per Class for January 1, 2026 -

December 31, 2026 1 Class

4 Rate per Class for January 1, 2027 -

December 31, 2027 1 Class

5 Rate per Class for January 1, 2028 -

December 31, 2028 1 Class

TOTAL

ADDITIONAL OPTIONS (OPTIONAL)

**If proposing any supplemental options to those requested, please provide a description and pricing in the table below**

Line Item Additional Option Description Quantity Unit of

Measure Unit Cost Total

6 Option #1 1 ea

7 Option #2 1 ea

8 Option #3 1 ea

9 Option #4 1 ea

10 Option #5 1 ea

TOTAL

7. VENDOR QUESTIONNAIRE

7.1. RFP DOCUMENT UPLOADS

7.1.1. RFP Response Document - Upload your Proposal*

Please DO NOT include Cost information in this section.

*Response required

7.1.2. RFP Response - Supplemental Document Upload

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

7.1.3. RFP Cost Proposal - Supplemental Document Upload

If applicable, upload any documents providing further clarification of the submitted pricing from the

Pricing Table. This is not required.

7.1.4. 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 and 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 yesis 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.

☐ No, our company has NOT been found by the NLRB or the 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.

☐ Yes, our company HAS been found by the NLRB or the 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.

*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. * ☐ Please confirm

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

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.

☐ Please confirm

*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. INTRODUCTION

Dane County invites and will accept bids for item(s) outlined within this bid. The County as represented by Purchasing Division, intends to use the results of this process to purchase goods or services here within.

8.2. 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 vendor conference or site visit, contact the Purchasing Officer listed or call WI

Relay 711 for TDD Services.

8.3. VENDOR REGISTRATION

Interested 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.

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 double check to make sure your vendor information including commodity codes is up-to-date by signing into your account at the County's eProcurement Portal.

8.4. CLARIFICATION/QUESTIONS

Any questions concerning this bid must be submitted via the County's eProcurement Portal.

Questions must be received before 2:00 pm on Thursday, September 14, 2023.

Requests submitted after that time will not be considered.

8.5. ADDENDA & REVISIONS

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

Bidders are responsible to regularly monitor the web site for any such postings. It is recommended to check the eProcurement Portal for addenda prior to submitting a proposal. Bidders must acknowledge the receipt/review of any addenda via the eProcurement Portal.

The Purchasing Division has the sole authority for modifications to specifications and/or this bid document.

8.6. INSPECTION OF PREMISES/VENDOR SITE VISIT

When applicable, bidder’s may inspect site(s) prior to submitting bids to determine all requirements associated with the project by contacting Megan Rogan. Failure to do so will in no way relieve the successful bidder from the necessity of providing, without additional cost to the County, all necessary services that may be required to carry out the intent of the resulting contract.

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

8.7. LOCAL VENDOR PURCHASING PREFERENCE

APPLICABLE TO RFB's

Under Dane County Ordinance 25.08(11)(c-e), a Locally Based and Owned Vendor, Locally Operated

Vendor, or Non-Locally Operated Vendor may be invited to match the low bid if the low bid is offered by a vendor that is not identified as a Locally Based and Owned Vendor, Locally Operated Vendor, or Non-

Locally Operated Vendor according to Dane County Ordinance requirements. Local Vendor Preferences do not apply to bids for sand, gravel, salt, asphalt and concrete.

Locally Based and Owned Vendors:

1. When bids are reviewed, the County will determine if a Locally Based and Owned Vendor responding to the bid is the low bidder. If a Locally Based and Owned Vendor is the low bidder, they will be awarded the bid.

2. If a Locally Based and Owned Vendor is not the low bidder but is within 15% of the low bid, the

County will contact the Locally Based and Owned Vendor and provide that vendor the option of matching the low bid price.

3. If no Locally Based and Owned Vendors are among the responding bidders, or the Locally Based and

Owned Vendor declines to match the low bid, then the County will determine if a Locally Operated

Vendor has responded to the bid.

Locally Operated Vendors:

4. If a Locally Operated Vendor is within 10% of the low bid, the County will contact the Locally Operated

Vendor and provide that vendor the option of matching the low bid price.

5. If no Locally Operated Vendors are among the responding bidders, or the Locally Operated Vendor declines to match the low bid, then the County will determine if a Non-Locally Operated Vendor has responded to the bid.

Non-Locally Operated Vendors:

6. If a Non-Locally Operated Vendor is within 5% of the low bid, the County will contact the Non-Locally

Operated Vendor and provide that vendor the option of matching the low bid price.

7. If no Non-Locally Operated Vendors are among the responding bidders, or the Non-Locally Operated

Vendor declines to match the low bid, then the County will award the bid to the low bidder without regard to the location of the vendor.

APPLICABLE TO RFP's

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.

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

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

8.8. LOCAL CONTENT VENDOR PREFERENCE

GENERALLY ONLY APPLICABLE TO RFB's

Under Dane County Ordinance 25.08(4)(f-j), bidders offering goods made in Dane County, its surrounding counties, or the State of Wisconsin receive a price preference on sealed bid solicitations.

Bids are first evaluated to determine if any bidders are offering products that qualify as Dane County-

Made Goods, Regionally-Made Goods, or Wisconsin-Made Goods. Local Vendor Preferences do not apply to bids for sand, gravel, salt, asphalt and concrete.

A bidder offering Dane County-Made Goods will be considered the successful bidder if their price is up to 15% higher than the low bid for goods that are not Dane County-Made Goods. If no vendors meet this criteria, then the County will determine if any bidder is offering Regionally-Made Goods. If so, then such a bidder will be considered successful if their price is up to 12.5% higher than the low bid for goods that are not Regionally-Made Goods. If no vendors meet this criteria, then the County will determine if any bidder is offering Wisconsin-Made Goods. If so, that bidder will be considered successful if their price is up to 10% higher than the low bid for goods that are not Wisconsin-Made Goods. If no vendors are offering Dane County-Made, Regionally-Made, or Wisconsin-Made Goods, then the County will evaluate the low bid without regard to the content of the goods.

8.9. 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 a company indicates that they have been found by the NLRB or WERC to have such a violation in the

Vendor Questionnaire section, a copy of any relevant information regarding such violation with is required to be uploaded with the bid submission.

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

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

8.10. 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.

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

In the Vendor Questionnaire section, 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.

8.11. DESIGNATION OF CONFIDENTIAL & PROPRIETY INFORMATION

GENERALLY ONLY APPLICABLE TO RFP's

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.

8.12. BID SUBMISSION, MULTIPLE PROPOSALS & ACCEPTANCE

Proposals must be submitted via the County's eProcurement Portal before 2:00 pm on Tuesday, September 26, 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.

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 eProcurement

Portal. Each such proposal must be submitted separately and labeled as Proposal #1, Proposal #2, etc.

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

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.

8.13. PROPOSAL ORGANIZATION & FORMAT

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

8.14. GENERAL INSTRUCTIONS ON SUBMITTING COST PROPOSALS

The Cost Proposal section of this solicitation will either be incorporated into the system as a Pricing

Table or as a separate Cost Proposal Attachment that must be downloaded, completed, saved, and uploaded to the Vendor Questionnaire section separate from the RFP response.

On occasion, certain Dane County Highway RFPs may not include a Cost Proposal element to the solicitation.

8.15. PRICING

Price(s) quoted shall include all labor, materials, equipment, shipping and other costs and conditions outlined within the bid. Pricing shall remain fixed.

8.16. 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.

8.17. PRELIMINARY EVALUATION

The proposals will first be reviewed to determine if all applicable requirements 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 the solicitation.

https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane mailto:procurementsupport@opengov.com

8.18. PROPOSAL SCORING

GENERALLY ONLY APPLICABLE TO RFP's

Accepted proposals will be reviewed by an evaluation team and scored against the stated criteria in the evaluation section of the RFP posting. 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 a

Phase 2 Evaluation which may include 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.

RFP Cost Proposal's 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. ORAL PRESENTATIONS/INTERVIEW

GENERALLY ONLY APPLICABLE TO RFP's

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.

8.20. AWARD

APPLICABLE TO RFP's

An RFP award will typically be granted in one of two ways.

1. The award may be granted to the highest scoring responsive and responsible proposer.

2. 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.

A resulting award and any part thereof shall not be subcontracted or assigned to another Contractor without prior written permission of the County. The Contractor shall be directly responsible for any

Subcontractor’s performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

APPLICABLE TO RFB's

The County will award the bid to the responsive and responsible bidder whose bid is most advantageous to the County. In determining the most advantageous bid, the County may consider criteria such as, but not limited to, cost, bidder’s past performance and/or service reputation, and service capability, quality of the bidder’s staff or services, customer satisfaction, references, the extent to which the bidder’s staff or services meet the County’s needs, bidder’s past relationship with the County, total long term cost to the County, fleet continuity and any other relevant criteria listed in this solicitation.

A resulting award and any part thereof shall not be subcontracted or assigned to another Contractor without prior written permission of the County. The Contractor shall be directly responsible for any

Subcontractor’s performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

8.21. NOTIFICATION OF INTENT TO AWARD

As a courtesy, the County may send a Notice of Intent letter to responding vendors at the time of the award.

Written notice of award to a vendor in the form of a purchase order or other document, mailed or emailed to the address shown on the bid will be considered sufficient notice of acceptance of bid.

8.22. CONTRACT/PROJECT ADMINISTRATION

The County department(s) utilizing the service will be responsible for coordinating, monitoring and administering the resulting service contract/purchase order. The department shall be responsible for notifying the awarded vendor about contract renewals or extensions. Any modifications or additions to the contract(s)/purchase order(s) shall be communicated by the department to the Purchasing Division.

8.23. CONTRACT ASSIGNMENT - SUBCONTRACTORS

A resulting contract and any part thereof shall not be subcontracted or assigned to another Contractor without prior written permission of the County. The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

8.24. CONTRACT ADDITIONS

The County reserves the right to add new items and locations at a price conforming to other like items on the contract. The procedure for such additions shall be as follows:

1. The County Purchasing Officer will contact the vendor requesting pricing for the item(s) to be added.

2. The vendor, within three working days, should respond in writing and include the bid number, contract period and the price for each item or service to be provided.

3. Upon receipt, the County shall issue a Change Order adding the service or product(s) to the

Contract or Purchase Order.

• The County reserves the right to accept or reject prices and obtain bids on the open market for these add ons.

• When applicable, Contractor may be required to sign a Dane County Contract.

8.25. CONTRACT TERMINATION

If for any reason the successful contractor fails to fulfill the requirements of the contract for providing the specified services, the County shall have the right to cancel the contract at any time and negotiate for the services with another contractor.

8.26. PAYMENT TERMS & INVOICING

Unless otherwise agreed upon in writing, Dane County will pay properly submitted vendor invoices within thirty (30) days of receipt of goods or services. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment shall be submitted to via email to the Department Invoice Email Address shown on the Bill To section of the

PO issued. The Dane County purchase order number must be noted on the submitted invoice.

Other incidental or standard industry charges not identified herein, are not allowed under this contract.

Miscellaneous service charges used to help the Contractor pay various fluctuating current and future costs are not allowed. These charges include, but are not limited to, costs directly or indirectly related to the environment, energy issues, fuel charges, service and delivery of goods and services.

8.27. CERTIFICATE OF INSURANCE

The successful vendor is required to submit to Dane County a Certificate of Insurance prior to performing any work under this contract. The certificate is required prior to issuance of purchase order.

See Section 22.0 Insurance Responsibility in the Standard Terms & Conditions.

Please contact your insurance representative to issue an Additional Insured Endorsement naming

County of Dane, a municipal corporation, its boards, commissions, agencies, officers, employees and representatives listed as an ADDITIONAL INSURED on the General Liability policy.

Indicate mailing address as:

County of Dane

Risk Management

City County Building Room 425

210 Martin Luther King Jr., Blvd.

Madison, WI 53703

Please inform your insurance representative that you have agreed to provide us with 30 Days written notice in the event of cancellation for any reason before the expiration date of your policy or policies.

Call 608-266-4965 with any questions.

8.28. PERMITS & LICENSES

The Contractor selected under this bid shall be required to obtain the necessary permits and licenses prior to performing any work under this contract. The Contractor will be required to demonstrate valid possession of appropriate required licenses and will keep them in effect for the term of this contract.

Contractor must be financially responsible for obtaining all required permits and licenses to comply with pertinent regulations, municipal, county, State of Wisconsin and Federal laws, and shall assume liability for all applicable taxes.

8.29. SATISFACTORY WORK

Any work found to be in any way defective or unsatisfactory shall be corrected by the Contractor at its own expense at the order of the County. The County also reserves the right to contract out services not satisfactorily completed and to purchase substitute services elsewhere. The County reserves the right to charge the vendor with any or all costs incurred or retain/deduct the amount of such costs incurred from any monies due or which may become due under this contract.

8.30. GOVERNMENT STANDARDS

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. Bidders shall comply with all local, state and federal regulations, directives and laws.

8.31. 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); and

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

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 CES 008-1020421168-06 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: 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…