RFB 13000.pdf

CITY OF MADISON

REQUEST FOR BIDS

RFB #: 13000-0-2024-BG

Title: Animal Shelter Services

Agency: Public Health Madison & Dane County

Due Date: Friday, March 22nd, 2024

2:00 PM CST

REQUEST FOR BIDS RFB # 13000-0-2024-BG

Page i

Table of Contents

1 NOTICE TO BIDDERS

1.1 Summary

1.2 Important Dates

1.3 Format

1.4 Labeling

1.5 Delivery of Bids

1.6 Appendix A: Standard Terms & Conditions

1.7 Appendix B: Sample Contract for Purchase of Services

1.8 Affirmative Action Notice

1.9 Multiple Bids

1.10 City of Madison Contact Information

1.11 Inquiries and Clarifications

1.12 Addenda

1.13 Bid Distribution Networks

1.14 Local Vendor Preference

1.15 Oral Presentations/Site Visits/Meetings

1.16 Acceptance/Rejection of Bids

1.17 Withdrawal or Revision of Bids

1.18 Non-Material and Material Variances

1.19 Public Records

1.20 Usage Reports

1.21 Partial Award

1.22 Tax Exempt

1.23 Cooperative Purchasing

1.24 Bidders Responsibility

2 DESCRIPTION OF SERVICES/COMMODITIES

2.1 Background

2.2 Term of Agreement and Renewal

2.3 Definitions

2.4 Description of General Services

3 REQUIRED INFORMATION AND CONTENT OF PROPOSALS

3.1 Forms

Form A: Signature Affidavit Form B: Receipt of Forms and Submittal Checklist Form C: Vendor Profile Form D: Cost Proposal (excel spreadsheet) Form E: References Appendix A: Standard Terms & Conditions (For submission of bids/in the absence of signed contract) Appendix B: Sample Contract for Purchase of Services

1 NOTICE TO BIDDERS

1.1 Summary

The City of Madison Public Health Madison & Dane County (“City”) is soliciting Bids from qualified vendors for Animal Shelter Services. Vendors submitting Bids (“Bidders”) are required to read this Request for Bids (“RFB”) in its entirety and follow the instructions contained herein.

1.2 Important Dates

Deliver Bids no later than the due time and date indicated below. The City will reject late Bids:

Issue Date: Wednesday, February 21st, 2204 Questions Due Date: Monday, March 4th, 2024

Answers Posted Date: Monday, March 11th, 2024 Due Date: Friday, March 22nd, 2024, 2:00 PM CST

1.3 Format

The City will not consider illegible Bids.

Elaborate Bids (i.e., expensive artwork) beyond that sufficient to present a complete and effective Bid, are not necessary or desired.

The City is requesting bids in the following format: electronic. Electronic versions less than 20MB should be emailed to the address in section 1.5.

Complete and return Forms A through E to City of Madison Purchasing Services by Friday, March 22nd, 2024, 2:00 PM CST.

1.4 Labeling

All Bids must be clearly labeled:

Bidder’s Name and Address

RFB #: 13000-0-2024-BG

Title: Animal Shelter Services Due: Friday, March 22nd, 2024, 2:00 PM CST

All email correspondence must include RFB #13000-0-2024-BG in the subject line.

1.5 Delivery of Bids

Delivery of electronic copy to: via email to bids@cityofmadison.com

Bids must be delivered as instructed. Deliveries to other City departments and/or locations may result in disqualification.

1.6 Appendix A: Standard Terms & Conditions

Bidders are responsible for reviewing Appendix A, the Standard Terms and Conditions, prior to submission of their bids. Appendix A applies to the submission of bids and in the absence of a signed contract becomes part of the contract terms. Part I of Appendix A provides legal terms relevant only to the submission of bids. Part II of Appendix A provides legal terms that would apply only in the absence of a signed contract.

1.7 Appendix B: Sample Contract for Purchase of Services

mailto:bids@cityofmadison.com

Bidders are responsible for reviewing Appendix B, Sample Contract, prior to submission of their bid. A contract in the form of Appendix B will serve as the basis of the contract resulting from this RFP. The resulting contract will control over any different legal terms in this RFP, Appendix A, the proposal, etc. By submitting a proposal, Bidders affirm their willingness to enter into a contract containing the terms found in Appendix B. While the City strives to provide the most appropriate sample contract for this RFP, the City reserves the right to modify the sample form for any resulting contract. The City does not negotiate legal terms prior to award.

1.8 Affirmative Action Notice

If Contractor employs 15 or more employees and does aggregate annual business with the City of $50,000 or more for the calendar year in which the PO and/or Contract is in effect, Contractor shall file, within thirty (30) days from the PO/Contract effective date and BEFORE RELEASE OF PAYMENT, an Affirmative Action Plan designed to ensure that the Contractor provides equal employment opportunity to all and takes affirmative action in its utilization of applicants and employees who are women, minorities and/or persons with disabilities. A sample affirmative action plan, Request for Exemption forms, and instructions are available at: www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers/forms or by contacting a Contract Compliance Specialist at the City of Madison Affirmative Action Division at (608) 266-4910. Vendors must register for an account to complete the required forms online, here: https://elam.cityofmadison.com/citizenaccess

Contractor shall also allow maximum feasible opportunity to small business enterprises to compete for any subcontracts entered into pursuant to this PO/Contract.

Job postings: All contractors who employ 15 or more employees (regardless of the dollar amount of this contract or their annual aggregate business with the City) must notify the City of all external job openings at locations in Dane County, Wisconsin, and agree to interview candidates referred by the City or its designated organization. Job posting information is available at: http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program. Instructions for contractors: http://www.cityofmadison.com/civil-rights/documents/RaISE_Job_Posting_Instructions.pdf

The complete set of Affirmative Action requirements for this purchase can be found in paragraph 20 of Appendix A – Standard Terms and Conditions and, in Section 13 of Appendix B – Sample Contract for Purchase of Services.

1.9 Multiple Bids

Multiple Bids from Bidders are permitted; however, each must fully conform to the requirements for submission. Bidders must sequentially label (e.g., Bid #1, Bid #2) and separately package each Bid.

Bidders may submit alternate pricing schemes without having to submit multiple Bids.

1.10 City of Madison Contact Information

The City of Madison Public Health is the procuring agency:

John Hausbeck Public Health Madison & Dane County

PH: (608) 243-0331

jhausbeck@cityofmadison.com

The City of Madison Purchasing Services administers the procurement function:

Brittany Garcia Purchasing Services City-County Bldg, Room 407 210 Martin Luther King, Jr. Blvd.

Madison, WI 53703-3346

PH: (608) 243-0529

bids@cityofmadison.com http://www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers/forms http://www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers/forms https://elam.cityofmadison.com/citizenaccess/ http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program http://www.cityofmadison.com/civil-rights/documents/RaISE_Job_Posting_Instructions.pdf mailto:bids@cityofmadison.com

For questions regarding Affirmative Action Plans please contact:

Contract Compliance Department of Civil Rights City-County Bldg., Room 523 210 Martin Luther King, Jr. Blvd.

Madison, WI 53703

PH: (608) 266-4910

dcr@cityofmadison.com

The City employs spam filtering that occasionally blocks legitimate emails, holding them in ‘quarantine” for four calendar days. The contacts listed in this RFB will acknowledge all emails received. Bidders not receiving acknowledgement within twenty-four hours shall follow-up via phone with specific information identifying the originating email address for message recovery.

1.11 Inquiries and Clarifications

Bidders are to raise any questions they have about the RFB document without delay. Direct all questions, in writing, to the Purchasing Services administrator listed in Section 1.10.

Bidders finding any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB document shall immediately notify the Buyer and request clarification. In the event that it is necessary to provide additional clarification or revision to the RFB, the City will post addenda – see 1.12 below. Bidders are strongly encouraged to check for addenda regularly.

Bids should be as responsive as possible to the provisions stated herein. Exceptions are not permitted.

The City of Madison reserves the right to disqualify any and all bids that are non-responsive or that include exceptions.

1.12 Addenda

In the event that it is necessary to provide additional clarification or revision to the RFB, the City will post addenda to its Bids distribution websites – see 1.13 below. It is the Bidders responsibility to regularly monitor the websites for any such postings. Bidders must acknowledge the receipt of any addenda on Form B. Failure to retrieve addenda and include their provisions may result in disqualification.

1.13 Bid Distribution Networks

The City of Madison posts all Request for Bids, addenda, tabulations, awards and related announcements on two distribution networks – VendorNet and DemandStar. The aforementioned documents are available exclusively from these websites. It is the Bidders responsibility to regularly monitor the bid distribution network for any such postings. Bidders failure to retrieve such addenda and incorporate their appropriate provisions in their response may result in disqualification. Both sites offer free registration to City Bidders.

State of Wisconsin VendorNet System:

State of Wisconsin and local agencies bid network. Registration is free.

http://vendornet.state.wi.us/vendornet

DemandStar by Onvia: National bid network – Free subscription is available to access Bids from the City of Madison and other Wisconsin agencies, participating in the Wisconsin Association of Public Purchasers (WAPP). A fee is required if subscribing to multiple agencies that are not included in

WAPP.

Bid Opportunities: www.cityofmadison.com/finance/purchasing/bidDemandStar.cfm

Home Page: www.demandstar.com mailto:dcr@cityofmadison.com http://vendornet.state.wi.us/vendornet http://www.cityofmadison.com/finance/purchasing/bidDemandStar.cfm http://www.demandstar.com/

To Register: https://www.demandstar.com/app/registration

Please note when registering: Pick the Wisconsin Association of Public Procurement (WAPP) to select all current Wisconsin government agencies.

1.14 Local Vendor Preference

The City of Madison has adopted a local preference purchasing policy granting a scoring preference to local suppliers. Only suppliers registered as of the bid’s due date will receive preference. Learn more and register at the City of Madison website: www.cityofmadison.com/business/localPurchasing.

1.15 Oral Presentations/Site Visits/Meetings

Bidders may be asked to attend meetings, make oral presentations, inspect City locations or make their facilities available for a site inspection as part of this RFB process. Such presentations, meetings or site visits will be at the Bidders expense.

1.16 Acceptance/Rejection of Bids

The City reserves the right to accept or reject any or all Bids submitted, in whole or in part, and to waive any informalities or technicalities, which at the City's discretion is determined to be in the best interests of the City. Further, the City makes no representations that a contract will be awarded to any Bidder responding to this request. The City expressly reserves the right to reject any and all Bids responding to this invitation without indicating any reasons for such rejection(s).

The City reserves the right to postpone due dates and openings for its own convenience and to withdraw this solicitation at any time without prior notice.

1.17 Withdrawal or Revision of Bids

Bidders may, without prejudice, withdraw Bids submitted prior to the date and time specified for receipt of Bids by requesting such withdrawal before the due time and date of the submission of Bids. After the due date of submission of Bids, no Bids may be withdrawn for a period of 90 days or as otherwise specified or provided by law. Bidders may modify their Bids at any time prior to opening of Bids.

1.18 Non-Material and Material Variances

The City reserves the right to waive or permit cure of nonmaterial variances in the offer if, in the judgment of the City, it is in the City’s best interest to do so. The determination of materiality is in the sole discretion of the City.

1.19 Public Records

Bidders are hereby notified that all information submitted in response to this RFB may be made available for public inspection according to the Public Records Law of the State of Wisconsin or other applicable public record laws. Information qualifying as a “trade secret”defined in State of Wisconsin Statutesmay be held confidential.

Bidders shall seal separately and clearly identify all information they deem to be “trade secrets,” as defined in the State of Wisconsin Statutes. Do not duplicate or co-mingle information, deemed confidential and sealed, elsewhere in your response.

S. 19.36(5)

(5) TRADE SECRETS. An authority may withhold access to any record or portion of a record containing information qualifying as a trade secret as defined in s. 134.90(1)(c).

https://www.demandstar.com/app/registration http://www.cityofmadison.com/business/localPurchasing

s. 134.90(1)(c)

(c) “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.

The City cannot ensure that information will not be subject to release if a request is made under applicable public records laws. The City cannot consider the following confidential: a bid in its entirety, price information, or the entire contents of any resulting contract. The City will not provide advance notice to Bidders prior to release of any requested record.

To the extent permitted by such laws, it is the intention of the City to withhold the contents of Bids from public viewuntil such times as competitive or bargaining reasons no longer require non-disclosure, in the City’s opinion. At that time, all Bids will be available for review in accordance with such laws.

1.20 Usage Reports

Annually, the successful Bidders shall furnish to City Purchasing usage reports summarizing the ordering history for each department served during the previous contract year. The report, at a minimum, must include each and every item or service ordered during the period, its total quantities and dollars by item/service and in total. The City reserves the right to request usage reports at any time and request additional information, if required, when reviewing contract activity.

1.21 Partial Award

Unless otherwise noted, it will be assumed that Bidders will accept an order for all or part of the items/services priced.

1.22 Tax Exempt

The City of Madison as a municipality is exempt from payment of federal excise taxes (Registration Number 008-1020421147-08) and State of Wisconsin taxes per Wisconsin statute 77.54(9a). Federal Tax ID #39-6005507. A completed Wisconsin Department of Revenue Form S-211 (R.2-00) can be found on the City website. Our tax-exempt number is ES 42916.

1.23 Cooperative Purchasing

Bidders may choose to extend prices offered on bids to other municipalities. Under Wisconsin Statutes, a municipality is defined as a county; city; village; town; school district; board of school directors; sewer district; drainage district; vocational, technical and adult education district; or any other public or quasi-public corporation, officer, board or other body having the authority to award public contracts. This is known as “cooperative” or “piggyback” purchasing, a practice common amongst units of government. The City is not responsible for any contract resulting from a cooperative purchase using this RFB as a basis;

they are made solely between the bidders and third party unit of government.

1.24 Bidders Responsibility

Bidders shall examine this RFB and shall exercise their judgment as to the nature and scope of the work required. No plea of ignorance concerning conditions or difficulties that exist or may hereafter arise in the execution of the work under the resulting contract, as a consequence of failure to make necessary examinations and investigations, shall be accepted as an excuse for any failure or omission on the part of the Bidders to fulfill the requirements of the resulting contract.

2 DESCRIPTION OF SERVICES/COMMODITIES

2.1 Background

Public Health-Madison and Dane County (PHMDC) has the authority and/or obligation to enforce, among other things, the following statutes and ordinances: (i) Chapter 951 of the Wisconsin Statutes (“Crimes Against Animals”); (ii) Chapter 174 of the Wisconsin Statutes (“Dogs”); (iii) Chapter 173 of the Wisconsin Statutes (“Animals; Humane Officers”); (iv) Chapter 47 of the Dane County Code of Ordinances (“Animal Control”); and (v) animal related sections of Chapters 7, 8, 9, 23, 24, 25 of the Madison General Ordinances (collectively the “Animal Care Laws”).

PHMDC seeks to contract with a provider of animal shelter services (Contractor) that will perform the following services:

1. Provide care, treatment, and humane disposal of stray and abandoned animals located within the geographic limits of Dane County.

2. Provide care, treatment, and humane disposal of impounded animals seized within the geographic limits of Dane County by humane officers and/or law enforcement personnel pursuant to Chapter 173 of the Wisconsin Statutes and other such authority.

3. Deliver rabies-related services for stray, abandoned, impounded, and wild animals located within the geographic limits of Dane County and known to have bitten a person or believed to be afflicted by or exposed to the rabies virus.

The Contractor may choose to submit a proposal for all services requested below or only those services they are willing or capable of providing.

2.2 Term of Agreement and Renewal

This contract will be for the calendar year 2025 with options for annual renewal.

2.3 Definitions

As used in this Scope of Services, the following terms shall have the meanings provided below:

1. Abandoned. A companion, exotic or livestock animal left for any length of time without apparent provision for its food, water, or other care as is reasonably necessary for the animal’s health. An abandoned animal includes, but is not limited to, an animal owned by a known individual who, because of the owner’s death, disability, incarceration, eviction or other like circumstance, is unable or unwilling to provide appropriate care for the animal. It also includes animals whose owners are unknown.

2. Companion Animals. Dogs, cats, rabbits, guinea pigs, hamsters, mice, ferrets, birds, fish, reptiles, amphibians, invertebrates, or any other species of wild or domestic or hybrid animal sold, transferred, or retained for the purpose of being kept as a household pet, except large and small livestock, as defined in paragraphs 3.4 and 3.5 below.

3. Exotic Animal. An animal that is not normally domesticated in the United States or that is wild by nature as further defined by City of Madison General Ordinances § 23.49.

4. Large Livestock. Includes, without limitation, horses, bovines, sheep, goats, pigs, llamas, alpacas, farm-raised deer, and similar types of large-bodied domesticated animals typically raised on a farm, ranch, or similar environment.

5. Small Livestock. Includes, without limitation, rabbits raised for food, domestic fowl, farm-raised game bird and similar types of small-bodied domesticated animals typically raised on a farm, ranch, or similar environment and which are able to be housed communally.

6. Redemption. Means the identification and verification of ownership of a stray or abandoned animal and the return of the animal to its owner.

7. Stray. A companion, exotic or livestock animal found wandering at large whose owner or custodian is unknown or cannot be ascertained immediately with reasonable effort.

8. Unclaimed. A companion, exotic, or large or small livestock animal that is found abandoned, stray, or has been released from impound whose owner has failed to redeem the animal.

9. Wild Animal. The definition of wild animal is found in the City of Madison Code of Ordinances § 23.49 and is incorporated herein by reference.

10. Communally Housed Animal. For purposes of this Agreement, means an animal that is typically maintained communally and includes, without limitation, mice, rats, gerbils, and hamsters. Certain small livestock, in addition to other animals, can be, and historically are, communally housed.

11. Impound. The withholding of an animal from its owner under Wis Stat. § 173.21 on any of the following grounds:

a. Mistreatment. The humane or law enforcement officer determines that there are reasonable grounds to believe that the owner has mistreated the animal in violation of Chapter 951 of the Wisconsin Statutes.

b. Public Health and Safety. The humane or law enforcement officer determines that there are reasonable grounds to believe that the animal poses a significant threat to public health, safety, or welfare.

c. Evidence. The animal may be used as evidence in a pending prosecution.

d. Court Order. A court has ordered the animal withheld for any reason.

12. Seizure. The taking of an animal, whose owner is known, into custody by a humane or law enforcement officer pursuant to Wis Stat. § 173.13.

13. Surrender. The voluntary transfer of custody and ownership or an animal, in writing, by the animal’s owner, to a humane or law enforcement officer or to the Contractor.

2.4 Description of General Services

Cooperation. The Contractor agrees to use commercially reasonable methods in working with all PHMDC employees and officers in providing the services described in this Agreement. PHMDC agrees to use commercially reasonable methods in working with the Contractor to enable them to provide the services described herein and in paying for such services.

Personnel. The Contractor agrees to secure, at its own expense, all personnel necessary to carry out its obligations under this Agreement. Such personnel shall not be deemed to be employees of PHMDC. The Contractor shall ensure that its personnel are instructed that they do not have any direct contractual relationship with the PHMDC. Except as otherwise provided in this Contract, PHMDC shall have no authority over any aspect of the Contractor’s personnel practices and policies and shall not be liable for actions arising from such practices and policies.

24-hour Drop Off Availability. The Contractor will provide, or assure the availability of, an appropriate facility that will provide admitting and animal care services 24 hours a day, 7 days a week for the animals dropped off by humane and law enforcement officers operating within the geographical boundaries of Dane County. If there is a separate facility identified for afterhours drop off, the Contractor will transport animals as needed between the facilities.

Services for Abandoned, Stray, and Impounded Animals. The Contractor agrees to provide animal care services (as described below in this paragraph) as well as humane euthanasia and cremation services for companion, livestock and exotic animals that are found stray, abandoned, or seized by humane officers or law enforcement personnel from within the geographical limits of Dane County and that are dropped off or impounded at any Contractor approved facility. Animal care services shall include: (i) admitting services as deemed appropriate by the Contractor; (ii) daily custodial care; (iii) necessary and appropriate veterinary treatment; (iv) redemption services for stray or abandoned animals only; and (v) euthanasia services for animals serviced by the Contractor under this Contract which are subject to euthanasia by court order or for any other reason. In the case of stray or abandoned animals, animal care services purchased under the terms of this Agreement include those provided on the day the animal is admitted to a Contractor approved facility and those animal care services provided for up to three (3) days thereafter, for a total of four (4) days. In the case of impounded animals, animal care services will be provided on the day the animal is admitted to a Contractor approved facility and until the animal is either removed from the facility, the animal is deemed unclaimed or is otherwise surrendered, the animal is returned to the owner, or ownership of the animal is transferred to the Contractor by order of any court of competent jurisdiction. The humane officer or law enforcement officer dropping any such animal off shall identify the name of the animal’s owner, if known, and advise the Contractor of its impound status. Notwithstanding the foregoing, in the event an owner of an abandoned animal seeks to continue to enforce their ownership rights over the animal such that the Contractor is obligated to continue to provide custodial care to the animal beyond the 4-day period identified above (by court order or otherwise), PHMDC shall continue to reimburse the Contractor at the rate set forth for abandoned animals. The Contractor will notify PHMDC if an owner enforces his/her ownership rights by court order.

• Admitting Services. The Contractor shall have the sole and exclusive discretion under this Agreement to provide those admitting services that it deems in its professional judgment are in the best interest of the animal and the shelter environment in which the animal is maintained.

• Custodial Care. Custodial care shall include, for each animal cared for under the terms of this

Agreement, the provision of: (i) adequate food and water to maintain the animal’s health; (ii) daily health check; and (iii) adequate shelter as required by Wis. Stat § 951.44.

• Necessary and Appropriate Veterinary Care. Necessary and appropriate veterinary care and treatment, beyond that provided every animal upon admission and beyond daily custodial care, shall be provided as determined necessary and appropriate in the sole discretion of the Contractor. For animals receiving veterinary services over $300 per animal, the Contractor will provide the details of the specific services to PHMDC. The Humane Officer shall be made aware of any veterinary care deemed necessary for impounded animals.

• Redemption Services. Redemption services shall include all reasonable attempts to identify, locate, contact, and provide written notice to an animal’s owner to arrange for either the surrender of the animal or the return of the animal to its owner. Said efforts will be made within the holding period specified above. Notwithstanding the foregoing, the parties acknowledge that the owners of some stray and/or abandoned animals are never known or even identified such that the Contractor’s ability to find the owner is a legal impossibility. When returning an animal to its owner, the Contractor will assure all conditions of Wis. Stat. § 173.23 (1)(a-d) are met. Notice given by Humane Officers to owners of animals that have been taken to the Contractor’s facility shall be considered sufficient notice for these purposes. Disposition of every animal brought to the Contractor stray or abandoned will be reported to PHMDC monthly. Report to include: owner name, address, date of birth, phone number, municipality where animal came from, animal name, species, breed, color, rabies information, date of intake, and date left shelter.

• Euthanasia. The decision to euthanize an animal shall be within the sole and absolute discretion of the Contractor. Notwithstanding this fact, if PHMDC obtains a court order declaring an animal to be dangerous and subject to euthanasia; or if PHMDC makes such a declaration; or if an animal is seized as part of a legal investigation by PHMDC or a law enforcement agency, the Contractor shall euthanize the animal only at PHMDC’s request. The Contractor and PHMDC agree to abide by the applicable statutory holding periods before euthanizing any animal governed thereby, including, without limitation, the seven (7) day statutory hold for abandoned animals in paragraph 4.5.

Rabies Control Services.

• Quarantine Services. The Contractor agrees to provide animal care, isolation, observation, and rabies testing services for animals as required by Wis. Stat. § 95.1. The Contractor agrees to provide such services on an as needed basis upon request of PHMDC for stray, abandoned, and impounded animals. The parties acknowledge that rabies testing may be accomplished in two ways, namely (a) immediate euthanasia of the animal and brain pathology testing ("Euthanasia Testing”); or (b) 10-day quarantine of the animal with veterinary observation during the incubation period of the rabies virus (“Observation Testing”). The Contractor's obligation to perform Euthanasia Testing shall be in its sole and absolute discretion. If the Contractor refuses to perform Euthanasia Testing and opts instead to perform Observation Testing, PHMDC shall have the right to retrieve the animal from the Voges Road Facility (or any other Contractor approved facility) and have Euthanasia Testing accomplished through a different vendor. The Contractor shall have no obligation to pick up or otherwise transport animals suspected of carrying the rabies virus to the Voges Road Facility (or any other Contractor approved facility).

• Rabies Test Preparation Services. The Contractor agrees to provide rabies test preparation services for wild and domestic animals as part of a rabies exposure investigation. Services to include humane euthanasia, removal of the animal’s head (for animals larger than a squirrel), and exsanguination of the animal’s head after removal.

• Owner Reimbursement for Rabies Observation and Testing Services. If the owner of an animal is known, the Contractor agrees to provide PHMDC with all information it has regarding the owner's identity and address so that PHMDC may seek reimbursement from such owner of any expenses incurred in connection with keeping the animal in isolation, the supervision and examination of the animal by a veterinarian, and the preparation of the carcass for laboratory examination. The Contractor itself shall have no obligation to undertake collection efforts from the owner.

• Rabies Vaccination Program. The Contractor agrees to comply with all statutory mandates regarding the vaccination of animals against rabies.

• Support of PHMDC Rabies Control Program. The Contractor agrees to provide veterinary support for the PHMDC Rabies Control Program according to WI Administrative Rule ATCP 13 and Wis. Stat. § 95.21(9) by providing the following services: (i) make final determination on questionable rabies cases; (ii) ascertain the ability of prospective humane officers to reliably observe quarantined animals for signs of rabies; (iii) immediately notify PHMDC of any suspected rabies cases; (iv) consult with PHMDC on request regarding rabies observations; (v) meet with PHMDC humane officers quarterly to refresh and evaluate rabies observation skills; (vi) review annual rabies observation program report prior to submission to the State.

Compliance with State of Wisconsin Obligations. The Contractor warrants that it has complied with all necessary requirements to do business in the State of Wisconsin. The Contractor shall notify the PHMDC immediately, in writing, of any change in its registered agent, its registered agent’s address, and the Contractor’s legal status.

3 REQUIRED INFORMATION AND CONTENT OF PROPOSALS

3.1 Forms

1. Form A – Signature Affidavit

2. Form B – Receipt Forms and Submittal Checklist

3. Form C – Contractor Profile Information

4. Form D – Cost Proposal

5. Form E – References

Rev. 07/28/2016-RFB-FormA-SignatureAffidavit.doc

Form A: Signature Affidavit

RFB #: 13000-0-2024-BG Animal Shelter Services This form must be returned with your response.

In signing Proposals, we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise take any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit Proposals, that Proposals have been independently arrived at, without collusion with any other Proposers, competitor or potential competitor; that Proposals have not been knowingly disclosed prior to the opening of Proposals to any other Proposers or competitor; that the above statement is accurate under penalty of perjury.

The undersigned, submitting this Proposals, hereby agrees with all the terms, conditions, and specifications required by the City in this Request for Proposals, declares that the attached Proposals and pricing are in conformity therewith, and attests to the truthfulness of all submissions in response to this solicitation.

Proposers shall provide the information requested below. Include the legal name of the Proposers and signature of the person(s) legally authorized to bind the Proposers to a contract.

COMPANY NAME

SIGNATURE DATE

PRINT NAME OF PERSON SIGNING

Rev. 07/28/2016-FormB-Receipt.doc

Form B: Receipt of Forms and Submittal Checklist

RFB #: 13000-0-2024-BG Animal Shelter Services This form must be returned with your response.

Proposers hereby acknowledge the receipt and/or submittal of the following forms:

Forms Initial to

Acknowledge

SUBMITTAL

Initial to Acknowledge

RECEIPT

Description of Services/Commodities N/A

Form A: Signature Affidavit

Form B: Receipt of Forms and Submittal Checklist

Form C: Vendor Profile

Form D: Cost Proposal (excel spreadsheet)

Form E: References

Appendix A: Standard Terms & Conditions N/A

Appendix B: Contract for Purchase of Services N/A

Addendum #

Addendum #

Addendum #

Addendum #

VENDOR NAME

COMPANY NAME

Rev. 07/28/2016-RFB-FormC-VendorProfile.doc

Form C: Vendor Profile

RFB #: 13000-0-2024-BG Animal Shelter Services This form must be returned with your response.

COMPANY INFORMATION

COMPANY NAME (Make sure to use your complete, legal company name.)

FEIN (If FEIN is not applicable, SSN collected upon award) CONTACT NAME (Able to answer questions about proposal.) TITLE

TELEPHONE NUMBER FAX NUMBER

EMAIL

ADDRESS CITY STATE ZIP

AFFIRMATIVE ACTION CONTACT

If the selected contractor employs 15 or more employees and does aggregate annual business with the City of $50,000 or more, the contractor will be required to file an Affirmative Action Plan and comply with the City of Madison Affirmative Action Ordinance, Section 39.02(9)(e), within thirty (30) days contract signature. Vendors who believe they are exempt based on number of employees or annual aggregate business must file a request for exemption. Link to information and applicable forms:

https://www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers

CONTACT NAME TITLE

TELEPHONE NUMBER FAX NUMBER

ORDERS/BILLING CONTACT

Address where City purchase orders/contracts are to be mailed and person the department contacts concerning orders and billing.

CONTACT NAME TITLE

TELEPHONE NUMBER FAX NUMBER

LOCAL VENDOR STATUS

The City of Madison has adopted a local preference purchasing policy granting a scoring preference to local suppliers. Only suppliers registered as of the bid’s due date will receive preference. Learn more and register at the City of Madison website.

CHECK ONLY ONE:

Yes, we are a local vendor and have registered on the City of Madison website under the following category: www.cityofmadison.com/business/localPurchasing

No, we are not a local vendor or have not registered.

https://www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers http://www.cityofmadison.com/business/localPurchasing

Rev. 06/21/2022-RFB-FormE-References.doc

Form E: References

RFB #: 13000-0-2024-BG Animal Shelter Services This form must be returned with your response.

Please list three references that are NOT from the City of Madison. If you wish to highlight any additional work experience for the City of Madison, please list it on a separate page.

REFERENCE #1 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

CONTRACT PERIOD YEAR COMPLETED TOTAL COST

DESCRIPTION OF THE PERFORMED WORK

REFERENCE #2 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

RFB-FormE-References.doc

REFERENCE #3 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

STC 02.24.2022.docx Page 1

CITY OF MADISON

1. General. Throughout this document, "City of Madison," "City" and "Purchasing" shall be synonymous and mean the City of Madison. The words "bid" and "proposal" are synonymous, as are the words "bidder," "proposer" and "contractor." The phrases "request for proposal," "invitation for bids," "request," "invitation," and "solicitation" shall also be synonymous.

As applied to the winning or selected bidder, the words "bid," "proposal," and "contract" are synonymous.

2. Entire Agreement, Order of Precedence. These standard terms and conditions shall apply to any Purchase Order issued as a result of this Request for Bid/Proposal, except where expressly stated otherwise in the RFP or in a written instrument covering this purchase signed by an authorized representative of the City and the Contractor, in a form approved by the City Attorney (a “Separate Contract”). If such a separate contract is executed it shall constitute the entire agreement and no other terms and conditions, whether oral or written, shall be effective or binding unless expressly agreed to in writing by the City.

If a Separate Contract is not executed, these Standard Terms and Conditions, the City’s request for proposals, the version of the vendor’s bid that was accepted by the City, and the City’s Purchase Order (if any) shall constitute a contract and will be the entire agreement.

Order of Precedence: If there is a conflict between this Section A and any terms in the vendor’s accepted bid or proposal, this Section A shall control unless the parties expressly agree to another order of precedence, in writing. If there is a conflict between this Section A and a Separate Contract, the terms and conditions of the Separate Contract shall control.

I. TERMS FOR SUBMISSION OF BIDS: The following section applies to the bid/selection process only.

3. This invitation for bids does not commit the City to award a contract, pay any costs incurred in preparation of bids, or to procure or contract for services or equipment. The City may require the bidder to participate in negotiation and to submit such additional price or technical or other revisions to his or her bids as may result from negotiation. The bidder shall be responsible for all costs incurred as part of his or her participation in the pre-award process.

The City reserves the right to accept or reject any or all bids submitted, in whole or in part, and to waive any informalities or technicalities which at the City’s discretion are determined to be in the best interests of the City. Further, the City makes no representations that a contract will be awarded to any offeror responding to this request. The City expressly reserves the right to reject any and all bids responding to this invitation without indicating any reasons for such rejections(s).

The City reserves the right to postpone due dates and openings for its own convenience and to withdraw this solicitation at any time without prior notice.

4. Addenda. Changes affecting the specifications will be made by addenda. Changes may include, or result in, a postponement in the bid due date. Bidders are required to complete the Bidder Response Sheet, acknowledging receipt of all parts of the bid, including al l addenda.

5. Price Proposal. All bidders are required to identify the proposed manufacturer and model, and to indicate the proposed delivery time on the attached Proposal Form. Failure to do so may cause the bid to be considered not responsive. If desired, the bidder may include product literature and specifications. The price quoted will remain firm throughout each contract period. Any price increase proposed shall be submitted sixty (60) calendar days prior to subsequent contract periods and shall be limited to fully documented cost increases to the bidder which are demonstrated to be industry-wide.

6. Price Inclusion. The price quoted in any bid shall include all items of labor, materials, tools, equipment, and other costs necessary to ful ly complete the furnishing and delivery of equipment or services pursuant to the specifications attached thereof. Any items omitted from the specifications which are clearly necessary for the completion of the project shall be considered a portion of the specifications although not directly specified or called for in these specifications.

7. Pricing and Discount.

a. Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea., etc.) as stated on the bid/proposal or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price. If an apparent mistake exists in the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

b. In determination of award, discounts for early payment will only be considered when all other conditions are equal. Early payment is defined as payment within fifteen (15) days providing the discount terms are deemed favorable. All payment terms must allow the option of Net 30.

8. F.O.B. Destination Freight Prepaid. Bid prices must include all handling, transportation and insurance charges. Failure to bid FOB Destination Freight Prepaid may disqualify your bid.

9. Award.

a. The City will have sole discretion as to the methodology used in making the award. Where none is specified, the award will be made to the lowest responsible bidder in compliance with the specifications and requirements of this solicitation.

b. The right is reserved to make a separate award of each item, group of items or all items, and to make an award in whole or in part, whichever is deemed in the best interest of the City.

10. Responsiveness and Responsibility. Award will be made to the responsible and responsive bidder whose bid is most advantageous to the City with price and other factors considered. For the purposes of this project, responsiveness is defined as the bidder’s conformance to the requirements of the solicitation. Being not responsive includes the failure to furnish information requested.

Responsibility is defined as the bidder’s potential ability to perform successfully under the terms of the proposed contract. Briefly, a responsible bidder has adequate financial resources or the ability to obtain said resources; can comply with required delivery taking into

Appendix A

STC 02.24.2022.docx Page 2 account other business commitments; has a satisfactory performance record; has a satisfactory record of integrity and business ethics; and has the necessary organization, experience and technical skills.

The City reserves the right to refuse to accept any bid from any person, firm or corporation that is in arrears or is in default to the City, or has failed to perform faithfully any previous contract with the City. If requested, the bidder must present within five (5) working days evidence satisfactory to the City of performance ability and possession of necessary facilities, financial resources, adequate insurance, and any other resources required to determine the bidder’s ability to comply with the terms of this solicitation document.

11. Cancellation.

a. The City reserves the right to cancel this bid, in whole or in part, at any time for any reason. The City may, in its sole discretion and without any reason, cancel or terminate any contract or purchase order awarded as a result of this bid, in whole or in part, without penalty, by providing ten (10) days written notice thereof to the contractor.

a. In the event the Bidder shall default in any of the covenants, agreements, commitments, or conditions and any such default shall continue unremedied for a period of ten (10) days after written notice to the Bidder, the City may, at its option and in addition to all other rights and remedies which it may have, terminate the Agreement and all rights of the Bidder under the Agreement.

b. Failure to maintain the required certificates of insurance, permits, licenses and bonds will be cause for contract termination. If the Bidder fails to maintain and keep in force the insurance, if required, the City shall have the right to cancel and terminate the contract without notice.

II. CONDITIONS OF PURCHASE: The following section applies to purchases/contracts after the award. See Paragraphs 1 & 2 for applicability and order of precedence.

12. Specifications.

a. All bidders must be in compliance with all specifications and any drawings provided with this solicitation. Exceptions taken to these specifications must be noted on your bid.

b. When specific manufacturer and model numbers are used, they are to establish a design, type, construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and the bidder/proposer is responsible for providing sufficient information to establish equivalency. The City shall be the sole judge of equivalency. Bidders are cautioned to avoid bidding alternates which do not meet specifications, which may result in rejection of their bid/proposal.

13. Regulatory Compliance.

a. Seller represents and warrants that the goods or services furnished hereunder, including all labels, packages, and container for said goods, comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State and local laws, rules and regulations as applicable, including the Occupational Safety and Health Act (OSHA), as amended, with respect to design, manufacture or use for their intended purpose of said goods or services. Seller shall furnish Material Safety Data Sheets (MSDS) whenever applicable.

b. If it is determined by the City that such standards are not met, the seller agrees to bear all costs required to meet the minimum standards as stated above for the equipment/products furnished under this contract.

14. Warranty. Unless otherwise specifically stated by the bidder, products shall be warranted against defects by the bidder for ninety (90) days from the date of receipt. If bidder or manufacturer offers warranty that exceeds 90 days, such warranty shall prevail.

15. Ownership of Printing Materials. All artwork, camera-ready copy, negative, dies, photos and similar materials used to produce a printing job shall become the property of the City. Any furnished materials shall remain the property of the City. Failure to meet this requirement will disqualify your bid.

16. Item Return Policy. Bidder will be required to accept return of products ordered in error for up to twenty-one (21) calendar days from date of receipt, with the City paying only the return shipping costs. Indicate in detail on the Bidder Response Sheet, your return policy.

17. Payment Terms and Invoicing. The City will pay properly submitted vendor invoices within thirty (30) days of receipt, providing good and/or services have been delivered, installed (if required), and accepted as specified.

a. Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute before payment is due.

b. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order, including reference to purchase order and submittal to the correct address for processing. Invoice payment processing address is shown on the upper middle section of the purchase order. Send invoices to Accounts Payable address on the purchase order. Do not send invoices to Purchasing or ship to address.

c. Bidders, proposers shall include discounts for early payment as a percent reduction of invoice. Invoice discounts shall be determined where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken.

d. Invoices submitted not in accordance with these instructions will be removed from the payment process and returned within ten (10) days.

18. F.O.B. Destination Freight Prepaid. Unless otherwise agreed in writing, the vendor shall bear all handling, transportation and insurance charges. Title of goods shall pass upon acceptance of goods at the City’s dock.

STC 02.24.2022.docx Page 3

19. Tax Exemption. The City of Madison is exempt from the payment of Federal Excise Tax and State Sales Tax. The City Tax Exempt number is ES 42916. Any other sales tax, use tax, imposts, revenues, excise, or other taxes which are now, or which may hereafter be imposed by Congress, the State of Wisconsin, or any other political subdivision thereof and applicable to the sale of material delivered as a result of the bidder’s bid and which, by terms of the tax law, may be passed directly to the City, will be paid by the City.

20. Affirmative Action.

A. The…