RFP 13087.pdf

CITY OF MADISON

REQUEST FOR PROPOSALS

RFP #: 13087-0-2024-BG

Title: Alcohol Catering Services at WPCRC

City Agency: Parks Division

Due Date: Thursday, October 17th, 2024 2:00 PM Central Time

Our Madison – Inclusive, Innovative, & Thriving

REQUEST FOR PROPOSALS RFP 13087-0-2024-BG

RFP 13087.docx Page i

1 OPPORTUNITY AND WELCOME

Thank you for your interest in bidding on a City of Madison contract opportunity. The City’s mission is to provide the highest quality service for the common good of our residents and visitors.

The City of Madison Parks Division is seeking proposals from qualified vendors for Alcohol Catering Services at WPCRC.

Project summary – The city is looking for a vendor to provide all alcohol service requests for events held on the licensed premise at the Warner Park Community Recreational Center.

Licenses and Permits The vendor must at its own expense and cost, procure and keep in force during the entire period of the agreement all permits and licenses required by law for the conduct of its operation.

Thank you for considering this opportunity to work with the City and further our mission!

2 IMPORTANT INFORMATION

DEADLINE FOR PROPOSALS: Thursday, October 17th, 2024 at 2:00 PM Central Time.

The City will not accept late proposals. Any changes to the deadlines will be posted as an addendum on the bid distribution websites listed below. See Section 3.1 for instructions for using these websites.

RFP NAME: [Enter Title]

DEADLINE FOR

QUESTIONS:

The deadline for questions is Mondday, September 30th, 2024 at 2:00 PM Central Time. Questions and/or inquiries must be submitted by email.

CITY’S ANSWERS

POSTED BY:

The City’s answers to your questions will be posted as an addendum by Wednesday, September 2nd, 2024. You must check the bid distribution websites for any addendums.

DUE DATE FOR

PROPOSALS:

Thursday, October 17th, 2024 2:00 PM Central Time

BID DISTRIBUTION

WEBSITES:

https://vendornet.wi.gov/Bids.aspx https://www.demandstar.com/

CONTACT

INFORMATION:

Brittany Garcia Purchasing Services 210 Martin Luther King, Jr. Blvd. Room 407 City-County Building Madison, WI 53703-3346

Phone: (608) 243-0529 Email: bids@cityofmadison.com https://www.cityofmadison.com/vision-awards https://vendornet.wi.gov/Bids.aspx https://www.demandstar.com/app/agencies/wisconsin/city-of-madison-purchasing-services/procurement-opportunities/573ff565-ce2b-4c75-86ec-401cd5abf736/ mailto:bids@cityofmadison.com

RFP 13087.docx Page ii

Table of Contents

1 OPPORTUNITY AND WELCOME .................................................................................................... i 2 IMPORTANT INFORMATION ........................................................................................................... i

3 HOW TO FIND RFP DOCUMENTS AND CONTACT THE CITY OF MADISON

Official Bid Distribution Websites – IMPORTANT Contact Information

4 OUR PURCHASING VALUES

Local Preference Purchasing Policy Equity in Contracting Equitable Hiring & Affirmative Action Plan Limitations on Nuclear Weapons Producers Sweatfree Purchasing

5 SCOPE OF WORK AND REQUIRED INFORMATION

Background Operational Requirements Quality of Service Consideration Permits and Licenses Records and Audit Term Exclusivity Equipment and Improvements to be furnished by Primary Vendor

Maintenance and Cleaning Primary Vendor Employees Site Visits Performance Bond Basis for Selection

6 HOW TO SUBMIT YOUR PROPOSAL

Proposal Checklist Submit your Proposal by the Deadline Format Questions Addendum (Changes or Clarifications to this RFP) Multiple Proposals Changing or Withdrawing your Proposal Correcting Errors in your Proposal after the Due Date No Exceptions from Bidders

You are Responsible for all of your Costs in Making a Proposal Public Records and Trade Secrets

7 RULES FOR THE SELECTION PROCESS

8 LEGAL CONTRACT REQUIREMENTS

Sample Contract Affirmative Action Requirements for Contractors Insurance

Sample Contract

Form A: Price Proposal and Signature Affidavit

Form B: References

RFP 13087.docx Page iii

Form C: Vendor Profile

3 HOW TO FIND RFP DOCUMENTS AND CONTACT THE CITY OF MADISON

Official Bid Distribution Websites – IMPORTANT

The City of Madison posts all requests for proposals (RFPs), addendums, updates, awards, and announcements on two websites: VendorNet and DemandStar. Both sites are free to register for City of Madison bids.

These two websites are the only places to get the official RFP and updates to the RFP.

Updates and addendums will only be posted on these websites. It is your responsibility to check the websites for updates and “addendums.” An addendum is a document that answers questions from bidders. It could make important changes to the RFP. If the addendum requires a response, and you fail to respond to it, you could be disqualified.

State of Wisconsin VendorNet System

State of Wisconsin and local government bid network. Registration is free. Search for City of Madison in the Agency search field.

VendorNet link https://vendornet.wi.gov/Bids.aspx

DemandStar by Onvia National bid network. Free subscription is available. Sign up for the free “Basic Plan” and select Wisconsin Association for Public Procurement (WAPP) as the agency to access City of Madison RFPs.

DemandStar link https://www.demandstar.com/app/agencies/wisconsin/city-of-madison-purchasing-services/procurement-opportunities/573ff565-ce2b-4c75- 86ec-401cd5abf736/

Register on DemandStar www.demandstar.com/app/registration

Contact Information

City of Madison Purchasing Contact (Buyer):

Brittany Garcia Purchasing Services 210 Martin Luther King, Jr. Blvd. Room 407 City-County Building Madison, WI 53703-3346

PH: (608) 243-0529

bids@cityofmadison.com

Questions about Affirmative Action Plans

Contract Compliance, Department of Civil Rights 210 Martin Luther King, Jr. Blvd. Room 523 City-County Building Madison, WI 53703

PH: (608) 266-4910

dcr@cityofmadison.com https://vendornet.wi.gov/Bids.aspx https://www.demandstar.com/app/agencies/wisconsin/city-of-madison-purchasing-services/procurement-opportunities/573ff565-ce2b-4c75-86ec-401cd5abf736/ https://www.demandstar.com/app/agencies/wisconsin/city-of-madison-purchasing-services/procurement-opportunities/573ff565-ce2b-4c75-86ec-401cd5abf736/ https://www.demandstar.com/app/agencies/wisconsin/city-of-madison-purchasing-services/procurement-opportunities/573ff565-ce2b-4c75-86ec-401cd5abf736/ https://www.demandstar.com/app/registration mailto:dcr@cityofmadison.com

4 OUR PURCHASING VALUES

Local Preference Purchasing Policy

The City of Madison gives preference to local vendors and suppliers. You must be registered with the City as a local vendor by the RFP due date to get preference points. Learn more and register at the City of Madison website: www.cityofmadison.com/finance/purchasing/local-businesses/register-business/

If you are a local vendor, be sure to complete the Local Vendor section on Form C.

Equity in Contracting

The mission of the City of Madison is to provide the highest quality service for the common good of our residents and visitors. The City’s values include

• Equity - fairness, justice and equal outcomes for all, and

• Shared prosperity - where all are able to achieve economic success and social mobility.

It is our goal to spend money equitably among businesses owned by women, people of color, and small businesses. Our contractors should reflect shared dedication to equity in their work and employment practices, and we invite you to become part of this mission!

Equitable Hiring & Affirmative Action Plan

Affirmative Action Plan The City of Madison values diversity in hiring and contracting. We expect our contractors to do the same. Contractors with 15 or more employees and more than $50,000 in annual contracts with the City (each calendar year) must submit an Affirmative Action Plan.

Information about the Affirmative Action Plan and how to comply is found here:

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

Or call the Affirmative Action Division at (608) 266-4910.

See Section 13. B. of the Sample Contract for Affirmative Action Plan requirements.

Job Openings in Dane County You must notify the City of openings for jobs in Dane County, Wisconsin if you have 15 or more employees. You must agree to interview candidates that we refer to you through our Referrals and Interviews for Sustainable Employment (RaISE) program. Information is here:

http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program

The job posting requirement is found in Section 13 A. of the Sample Contract.

Limitations on Nuclear Weapons Producers

It is the City’s policy not to make purchases from companies that produce nuclear weapons, or their subsidiaries. See Common Council Resolution 79719 for more information.

Sweatfree Purchasing

It is the City’s policy not to purchase apparel (clothes made from textiles, shoes, footwear) from vendors who source their materials from sweatshops, where labor practices are inconsistent with international standards of human rights. See Madison General Ordinances Section 4.25 (https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOICH1-- 10_CH4FI_4.25PRITAP) for more information.

https://www.cityofmadison.com/finance/purchasing/local-businesses/register-business/ https://www.cityofmadison.com/vision-awards https://www.cityofmadison.com/civil-rights/contract-compliance/affirmative-action-plan/vendors-suppliers 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 https://madison.legistar.com/ViewReport.ashx?M=R&N=Text&GID=205&ID=5490426&GUID=A7280DE2-DFCB-40F2-8200-E9C3EA95902B&Title=Legislation+Text https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOICH1--10_CH4FI_4.25PRITAP https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOICH1--10_CH4FI_4.25PRITAP

5 SCOPE OF WORK AND REQUIRED INFORMATION

Background

The City is the owner and operator of Warner Park Community Recreational Center hereinafter “WPCRC”, located at 1625 Northport Drive, Madison, WI 53704.

It is the desire of the City to enter into a contractual agreement with a qualified person, firm or corporation for the exclusive operation of all alcohol beverage service for events at WPCRC.

Operational Requirements

1. The Primary Vendor shall provide for all alcohol service requests whether from portable bars, trays,table service or self-service for all events held on the licensed premise of WPCRC.

2. The Primary Vendor shall provide all personnel to set up and efficiently serve alcohol, and related non-alcoholic beverages, in a variety of locations throughout WPCRC including but not limited to:

the WPCRC Community Rooms 1, 2, 3 and outside terrace, and any future spaces developed and licensed within the confines of WPCRC.

3. The Primary Vendor shall clean and return to storage all portable bar set-up and other serving equipment, tables and displays following each usage.

4. The Primary Vendor will provide a report of the total gross receipts collected from cash bar sales.

All documents supporting total gross receipts shall be clearly dated, labeled and retained for audit purposes by the City.

5. The Primary Vendor will provide to the City a copy of the invoice presented to the customer for all charged bar sales. This invoice will be on a serialized form and will be presented to WPCRC with the monthly statement and check.

6. The Primary Vendor shall work toward maximizing the use of WPCRC's facilities and to competitively bid on the alcohol beverage service needs of the users of WPCRC.

Quality of Service

1. The services provided by the Primary Vendor shall be of the highest quality reasonably attainable.The City retains the right to verify alcohol quality for all events.

2. All alcohol and non-alcohol beverages sold or kept for sale shall be first quality, wholesome and pure. All materials and equipment kept on hand shall be stored and handled with due regard for sanitation and in compliance with Public Health of Madison and Dane County, and State Health Codes.

3. Recognizing that successful performance of this Contract is dependent on favorable response from eligible users, the Primary Vendor shall meet semi-annually with the WPCRC staff to review operations and make necessary adjustments. The Primary Vendor agrees to maintain good public relations with eligible users

4. If the City is dissatisfied with any aspect of the Primary Vendor's operation (including but not limited to its procedures, equipment, employees, service, etc.), the City shall give notice of such dissatisfaction and Primary Vendor shall make itself available to City to meet for the purpose of discussing the nature of the dissatisfaction and arriving at a solution.

Consideration

1. Percentages The Primary Vendor agrees to pay to the City as compensation for the rights herein granted percentages of its receipts and commissions derived from its alcohol and non-alcohol beverage saleson the WPCRC premises as follows:

a) Standard Events (exclusive of Fund-Raising Events). Per Event: % as submitted on Price Proposal Sheet (Form A).

b) Fund-Raising Events. The Primary Vendor agrees to pay to the WPCRC a flat 40% of the gross receipts from sales at WPCRC Fundraisers as specified by the Facility Manager of the WPCRC or their designee (not to exceed three per year).

c) For Fundraising events bar staff time will be charged to the eligible user at the per hour rate proposed on the Price Proposal Sheet (Form A). This bar staff charge will be waived if gross receipts for an individual event, regardless of the duration of that event, are $300.00 (three hundred dollars) or above.

2. Gross receipts The term "gross receipts" for purposes of this Agreement means total receipts from gross sales, both received as paid and as accounts receivable, and for events of any time length as long as the events are duly authorized by WPCRC Administration.

3. Payments

a) All payments due under this Agreement shall be by Primary Vendor's check, payable to

WPCRC, and delivered to the City on or before the 15th day of the month following the last day of the month in which the commissions were earned or a payment schedule mutually agreed upon by the City entity and the Primary Vendor. Also, due not later than the 15th of the month will be a completed monthly report itemizing by date earned, all sales, cash, credit, and receivables, less attributable sales taxes to compute the total monthly amount due to the WPCRC. The total amount due shall exactly equal the monthly check payable to WPCRC and any differences fully explained.

b) Payments not received by the City on the 15th day following the last day of the period in which it was earned shall be paid by the Primary Vendor plus a non-compounding interest penalty equal to one and one-half percent (1.5%) of the monthly gross receipts for each month or part of a month past due.

4. Payment penalties Any amount due more than 30 days after the date of termination (see §2.7(4)) shall be assessed alate payment fee, non-compounding, of one and one-half percent (1.5%) for each month or part of a month past due.

Permits and Licenses

1. The Primary Vendor shall, at its own expense and cost, procure and keep in force during the entire period of the Agreement all permits and licenses required by law for the conduct of its operation.

2. It is understood that this Agreement is conditioned upon the Primary Vendor's acquisition and maintenance of valid licenses to sell fermented malt beverages and intoxicating liquors on WPCRC premises.

3. Nothing contained herein shall be construed as binding the City to the issuance of any license or permit needed by the Primary Vendor for the conduct of its operations hereunder.

4. In the event the City fails to issue to the Primary Vendor any license or permit needed for the conduct of its operations under this Agreement, the Primary Vendor may, at its option, terminate this Contract paying only those amounts which are due to the City for events which have already taken place. This shall in no way obligate the City for any contract breach the Primary Vendor may be accused of by a third party.

5. In the event of termination or expiration of this Agreement by either party, it is mutually understood and specifically agreed that any and all permits or licenses issued by the City for operations at WPCRC shall be canceled or surrendered without further notice or hearing.

Records and Audit

1. Record keeping. The primary vendor:

a) Shall maintain records of the alcohol and related beverage operations conducted at the WPCRC premises. Records shall be in conformance with consistently applied generally acceptable accounting principles. Such records shall be maintained separately from any other operations the Primary Vendor may have.

b) Report as stated in Paragraph 5.4 (3)(a)

2. Right of inspection.

The City or its authorized representative shall at all reasonable times with reasonable prior notice have the right to examine, inspect and audit all books, papers and bank records of the Primary Vendor which are relevant to and necessary for determining the accuracy of reports of gross receipts of the Primary Vendor's operations pertaining to WPCRC. The cost and expense incurred by the City incident thereto shall be the sole responsibility of and borne by the City.

Term

1. The initial contract term will be for two years, with the option to renew for two additional two year terms by mutual agreement of both parties. These are not automatic extensions. Contract extensions will be reviewed by the City of Madison Purchasing Services before a decision is made. Subsequent contracts, if renewed, will be enforced under the same terms and conditions of the original bid.

2. The initial term of this contract shall be effective on January 1st, 2025 and shall be in force through December 31, 2026.

3. Negotiation of terms and conditions should be completed ninety (90) days prior to each renewal period.

4. Vendor performance may be taken into consideration in the decision to either continue or to terminate the contract.

Exclusivity

1. Exclusive Right

The City hereby grants the Primary Vendor the sole and exclusive right and the Primary Vendor accepts the obligation to provide all bar service, table service, tray service and self-service of beverages with alcohol content on the licensed premise of WPCRC.

2. Limitation to Rights

No other rights are granted by this contract including, but not limited to, no right to the sale of any merchandise items are herein granted.

3. Soft Drink Vending

WPCRC may operate its own vending machines for soft drinks and juices.

Equipment and Improvements to be furnished by Primary Vendor

1. The Primary Vendor shall provide its own ice making machine and sufficient storage of ice for its alcohol beverage service needs. It may, at its own option, sell or contribute ice to any other service vendors.

2. The Primary Vendor shall not install any additional equipment or improvement or remove or alter any equipment or improvement or furnishings, or alter the City premises without the written approval of the City. This also includes temporary or portable equipment, the installation of which does not adversely impact any City equipment or furnishings, except for example, a portable bar.

3. The Primary Vendor shall not remove any article or piece of equipment belonging to the City without the written approval of the City.

4. The City shall have the right to approve the number and location of all bars and location of storage space furnished for use by the Primary Vendor. The Primary Vendor shall acquire no rights to such locations once assigned, and the City may require the Primary Vendor to move temporary stands and equipment to accommodate the needs of other users of and WPCRC.

5. The Primary Vendor shall provide glassware and related equipment and supplies of the highest quality reasonably attainable for events and gatherings. The use of disposable glasses and related items will be acceptable only when it is the express desire of the eligible user.

6. The Primary Vendor shall provide all necessary serving utensils and containers, linens, skirting, and any other items necessary to properly conduct its service.

7. The Primary Vendor shall furnish a proposed schedule of prices, portion sizes and quality delineations for all beverage service items. The schedule must be approved in writing by the City.

Further, the grade, quality, and prices of said products shall not be altered without prior written approval of the City.

8. WPCRC presently have a stock of tables and chairs sufficient for most anticipated uses. These tables and chairs will be provided at no cost to the Primary Vendor when not previously committed to another use, with the express consent of the WPCRC director. When there is not sufficient supply to cover the needs of the Primary Vendor for a particular event, it will be the responsibility of the Primary Vendor to secure and pay for necessary tables and chairs

9. Any and all temporary concession stands which may be required shall be of first-class quality.

Final approval of design and decor rests with the City.

10. For the term of this Agreement, the City shall furnish without charge to Primary Vendor all electricity and water utility service and refuse disposal services.

11. The Primary Vendor shall be provided storage space as listed here: WPCRC has approximately 650 square feet of securable space available for final preparation, storage, refrigeration and dish washing. Additional space will be made available for the storage of two portable bars. The City may, at its option, choose to move this space to another location in the WPCRC. The Primary Vendor may not sub-lease this space to any third party without the written permission of the City.

12. Primary Vendor shall not permit any waste, injury or damage upon or to the WPCRC premises or its equipment and appurtenances that are under the control of Primary Vendor nor injury or damage by persons or person that are reasonably under the control of Primary Vendor. At the expiration of this Agreement, Primary Vendor shall ensure that WPCRC equipment and appurtenances are in the same condition as they were at the outset of the Contract term, excepting only normal wear and tear as determined by the City.

13. Primary Vendor shall not erect, neither maintain nor keep at WPCRC any structure of any kind, whether temporary or otherwise, except with prior written consent of the City. The Primary Vendor shall not make any structural alterations in or additions to the premises, nor post any signs or decorations upon any part of the WPCRC premises nor permit signs or decorations to be posted for advertising of goods of any nature on WPCRC premises without prior written permission of the City. The Primary Vendor agrees that the City shall not be held responsible for any damage or loss to any of the Primary Vendor’s property, or any of its employees’ or volunteers’ property, while engaging in activities covered by this Agreement, whether the damage is caused by the City, its employees, contractors, or others.

14. Nothing herein contained shall be held to limit or qualify the right of the City to a free and unobstructed use, occupation and control of the WPCRC and ingress and egress for itself, its permitted users and the public.

15. Anything herein to the contrary notwithstanding, the parties hereto shall not be liable or responsible for any failure to furnish or perform the services called for by this Agreement occasioned by strike or other work stoppage, or for the act of any other government agency or public utility. Nor shall the parties be liable or responsible for failure to furnish such services due to breakdown or failure of apparatus, equipment or machinery employed in supplying the said services due to any temporary stoppage for the repairs, improvement or enlargement thereof, or due to conditions beyond its reasonable control. Primary Vendor agrees to utilize its best efforts to immediately correct breakdowns or failures.

Maintenance and Cleaning

The Primary Vendor, at its expense, shall keep all areas and equipment used in its operations in a clean, sanitary and orderly condition to the satisfaction of the City and shall promptly dispose of refuse in areas designated by the City.

Primary Vendor Employees

1. Primary Vendor's employees shall have access to and be admitted in accordance with regulations asmay be established for the proper operation of WPCRC. The Primary Vendor shall furnish the City, upon request, the names of all Primary Vendor personnel working on the premises and provide for the issuance of pass and work identification at no expense to the City.

2. Employees of the Primary Vendor shall at all times be neatly and cleanly dressed in a uniformed manner acceptable to the City, at no expense to the City, and must meet all sanitary standards prescribed for restaurant employees. Employees shall wear identification tags provided by the Primary Vendor in a plainly visible fashion. Employees' uniforms shall be devoid of advertising.

3. Employees shall at all times reflect personal cleanliness. Unkempt and unclean employees will not be tolerated. The Primary Vendor shall train and closely supervise all employees so that they are aware of and habitually practice the high standard of cleanliness, courtesy and service required.

4. Primary Vendor or its authorized representative, which shall be at least a supervisor, shall be present at all times during the Primary Vendor's operation of alcohol beverage service at

WPCRC.

5. Primary Vendor's employees shall at all times be polite and courteous in their dealings with WPCRC patrons and staff. Such employees shall not, either by act or language, offend or unreasonably disturb patrons and spectators or interfere with a program or event in progress.

6. The City may recommend that the Primary Vendor discipline an employee, or may request the removal of a Primary Vendor employee from implementing or partaking in any responsibilities related to this Contract.

7. Primary Vendor agrees that its employees are not eligible for unemployment compensation benefits or worker’s compensation benefits through the City. To the extent unemployment benefits or worker’s compensation benefits may be available to Primary Vendor’s employees, Primary Vendor agrees it will pay any benefits due or any compensation assessed by the State of Wisconsin Unemployment Division or the State of Wisconsin Worker’s Compensation Division.

Site Visits

Site visits will be by request only. If you wish to visit the site, please contact the persons listed in Section 2.

Performance Bond

The Primary Vendor shall furnish a surety bond, irrevocable standby, or letter of credit covering faithful performance of the Agreement and the payment of all obligations arising there under.

The bond shall be in the amount of Five Thousand dollars ($5,000.00) and shall be attached with the final contact.

Please note, vendors do not need to submit a bond with their proposals. Only the winning vendor will be required to provide one.

Basis for Selection

Cost Proposal (30%)

Please complete the pricing proposal in Form A with the cost information.

Local Preference (5%)

To be identified as a local business, the Vendor must have a physical address within Dane County and meet the criteria listed here: https://www.cityofmadison.com/finance/purchasing/local-businesses/registerbusiness/.

Relevant Technical Experience (65%) https://www.cityofmadison.com/finance/purchasing/local-businesses/registerbusiness/ https://www.cityofmadison.com/finance/purchasing/local-businesses/registerbusiness/

6 HOW TO SUBMIT YOUR PROPOSAL

Proposal Checklist

Submit your Proposal by the Deadline

Submit your proposal by email to City of Madison Purchasing Services by Thursday, October 17th, 2024 at 2:00 PM Central Time.

• Make sure your proposal is complete (see checklist above) and readable.

• Include RFP 13087-0-2024-BG in the email subject line.

• Email proposals to: bids@cityofmadison.com

• Do not send your proposal to any other City email or agency

• If you cannot send your proposal by email, please contact the Buyer at (608) 243-0529

You must include RFP 13087-0-2024-BG on your proposal and all other communication to the City. For email, include RFP 13087-0-2024-BG in the subject line.

For example, an email subject line could read: RFP 13087-0-2024-BG Alcohol Catering Services at WPCRC Questions

Required Documents to Submit:

Your Technical Proposal as described in Section 5

Required Forms to Submit:

RFP ADDENDUM

Check the bid websites for any addendum. See Section 3.1.

• You can use the area below to track addendums.

• An addendum might require you to submit additional documents. Make sure to read it carefully and send any additional documents.

Addendum # (if any) Have you read it?

Have you submitted any documents required by the addendum?

Addendum # _______

Addendum # _______

Format

• Electronic – proposals are submitted electronically. Exceptions can be made for paper submittals but you must contact the Buyer ahead of time to make those arrangements.

• Legible and readable – if not the City might reject it.

• Simple – not necessary to include elaborate/ high tech/ expensive graphics or similar features.

• Complete – your proposal must include all required sections and forms. See checklist.

Questions

You can ask questions about the RFP until the deadline for questions of Mondday, September 30th, 2024 at 2:00 PM Central Time.

Email questions to Brittany Garcia at bids@cityofmadison.com. Remember to include RFP 13087-0- 2024-BG in the subject line.

We post answers to bidder questions as an addendum on the bid websites. Check the websites regularly.

Addendum (Changes or Clarifications to this RFP)

RFP addendums make clarifications, answer bidder questions, make changes to RFP timeline, and provide other important information. Addendums are posted on the bid websites listed in Section 3.1.

IMPORTANT: It is your responsibility to check for addendums. An addendum might require you to submit additional information. Your proposal could be disqualified if you do not:

• Check the bid websites regularly during the posting period

• Read all addendum

• Follow the instructions in the addendum

Multiple Proposals

You may submit more than one proposal if you are proposing more than one way to fulfill the scope requested by this RFP. If so, each proposal must meet the requirements of the RFP. Clearly label each proposal by number (Proposal #1, Proposal #2) and submit each separately.

Changing or Withdrawing your Proposal

You may make changes to your proposal before the due date of Thursday, October 17th, 2024 at 2:00 PM Central Time.

You may withdraw your proposal before the due date. After the due date, no proposals may be withdrawn for 90 days or as otherwise provided by law.

Correcting Errors in your Proposal after the Due Date

The City will notify you if we believe you made an error in your proposal and may allow you to correct the error. The City will decide if correcting the error is in the City’s best interest, is fair to the other bidders, and preserves competition. The City will decide whether an error can be corrected and will notify you.

No Exceptions from Bidders

Exceptions to this RFP are not permitted. The City of Madison reserves the right to reject bids that take exceptions or don’t follow the requirements of this RFP. If you ask to change the requirements, specifications, sample contract, or legal terms, that is considered an “exception.” A statement that you will not or cannot comply with any part of this RFP or the sample contract will also be considered an “exception.” (If this RFP allows substitutions or alternate solutions, the Scope of Services (Section 5) will make this clear, and that is not considered an “exception.”)

You are Responsible for all of your Costs in Making a Proposal

You participate in this RFP at your own expense. You may be asked to attend virtual or in-person meetings, make presentations, give demonstrations, inspect City locations, or make your facilities available for a site inspection. The City will not pay any costs incurred in your preparation of bids, even if this RFP is changed or cancelled.

Public Records and Trade Secrets

Your response to this RFP is a public record. Wisconsin and other public records laws may require the City to share your proposal or the resulting contract if someone makes a public records request. If a public records request is made, the City’s Records Custodian applies the law to decide whether the record must be disclosed, or if any part of the record can be redacted or not disclosed. There are very few exceptions to disclosure under Wisconsin law. One exception is for “trade secrets” as defined by sec.

134.90(1)(c) of the Wisconsin Statutes. It is your responsibility to research trade secrets as defined by Wisconsin law if you think any part of your proposal might be a “trade secret.” The City cannot give private legal advice to you. Most things will NOT meet this exception.

You may label items you believe meet this definition as a “trade secret” and submit them separately from the rest of your proposal, but the City cannot guarantee that information will be treated as a trade secret or confidential.

Things that are not considered confidential: your proposal or bid in its entirety, price proposal, pricing information, references, or the resulting contract. This is not a complete list.

Preserving competition: To the extent permitted by law, the City intends to withhold proposals under this RFP from public view until competitive or bargaining reasons no longer require it, in the City’s opinion. At that time, all proposals will be available for review in accordance with public records laws.

The City will not provide advance notice to bidders prior to releasing any requested public record.

7 RULES FOR THE SELECTION PROCESS

This RFP does not commit the City to award a contract. The City can cancel this RFP at any time. There is no guarantee that the City will award any contract as a result of this RFP. While the City considers this procurement important to City operations, the circumstances could change.

The City might make a partial award. By submitting a proposal you are willing to accept an order for all or part of the items/services. Note in your proposal if you do not agree to accept a partial award.

The City reserves the right to make changes to this RFP. Any changes will be made with an Addendum. Changes could impact due dates or specifications, or could require additional information from all bidders.

The City reserves the right to reject any proposal. We can reject all or part of a proposal without explaining the reason. Proposals could be rejected if they are missing information (non-responsive) or fail to demonstrate that the bidder is responsible and capable of doing the work (not responsible.)

The City may negotiate with finalists or the selected vendor. One or more bidders may need to submit additional technical proposals, best and final price proposals, or other changes to their bids.

Federal or State Laws may apply to this RFP (such as federal regulations or procurement policies that apply to grant funding). Those laws will apply over any conflicting procedure in this RFP.

Responsible and Responsive Bidders You should read the Scope of Work (Section 5) carefully to determine your ability to perform and complete the work required. This contract will only be awarded to a bidder who is “responsible” and “responsive” and whose bid is most advantageous to the City, with price and other factors considered. This RFP is designed to help the City select responsive and responsible bidders.

“Responsive” means that your proposal responds to all parts of this RFP – it is complete, not missing any information, and addresses all of the required work. Failure to provide all of the information requested in this RFP could result in being considered “not responsive.”

A “Responsible” bidder has demonstrated the ability to perform successfully under the terms of the proposed contract. This includes having adequate financial resources or the ability to obtain them; can perform and deliver on time, delivery taking into 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. A bidder that cannot demonstrate these things may be considered “not responsible.”

Contractors with past problems with the City The City reserves the right to refuse to accept any bid from any person, firm or corporation who

• owes the City money

• is in default to the City

• has been debarred through an official process such as through the Department of Civil Rights

• has had performance or other problems on past contracts with the City

Such bidders may be deemed “not responsible.”

8 LEGAL CONTRACT REQUIREMENTS

Sample Contract

You must review the Sample Contract attached to the end of this RFP. This contract* will be used for the work resulting from this RFP.

By submitting a proposal, you are willing to enter into a contract with the terms found in the Sample Contract. Exceptions to the legal terms are not allowed and may result in your proposal being rejected. The City does not negotiate legal terms prior to award.

*While the City strives to provide the most appropriate sample contracts, the City reserves the right to modify the form for any contract resulting from this RFP.

Affirmative Action Requirements for Contractors

City contractors must show they hire and promote employees equitably and make their best efforts to have a diverse workforce.

Affirmative Action Plan: Bidders with 15 or more employees that will earn $50,000 or more in total contracts with the City in the calendar year must file an Affirmative Action Plan (AA plan) with the City.

Submit your AA plan online using the form provided by the City. See the sample AA plan for “vendors and suppliers” at: https://www.cityofmadison.com/civil-rights/contract-compliance/affirmative-action-plan/vendors-suppliers

Exemptions: Bidders who have fewer than 15 employees or will earn less than $50,000 in total contracts with the City in the calendar year will be exempt from filing a full AA plan. You will need to fill out a request for exemption form. If you have 15 or more employees, you must complete an exemption form, provide some workforce statistics, and participate in the “RaISE” program.

Release of Payment: The City cannot make any payments under a contract until the Affirmative Action plan or request for exemption form are completed.

Referrals and Interviews for Sustainable Employment (RaISE) Program: The RaISE program is designed to match qualified people to employment. If you have 15 or more employees and are awarded the contract, you must let the City know about all external job openings in Dane County, Wisconsin. You must also agree to interview candidates the City refers to you. See this link for information and instructions: https://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program

The City has a Small Business Enterprise program described here:

https://www.cityofmadison.com/civil-rights/contract-compliance/targeted-business-enterprise-programs.

You will be encouraged to provide opportunities for small business enterprises (SBE) to compete for any subcontracts allowed in the contract.

See the Sample Contract, section 13, for all requirements for the City’s Affirmative Action program for contractors. Call the Contract Compliance Specialist at (608) 266-4910 with questions.

Insurance

All City contractors must provide a Certificate of Insurance. You must carry the insurance policies required by section 27 of the Sample Contract. This includes general liability insurance, workers compensation, and could include automobile and professional liability insurance. Please see the instructions and section 27 of the Sample Contract for the insurance requirements https://www.cityofmadison.com/civil-rights/contract-compliance/affirmative-action-plan/vendors-suppliers https://www.cityofmadison.com/civil-rights/contract-compliance/affirmative-action-plan/vendors-suppliers https://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program https://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program https://www.cityofmadison.com/civil-rights/contract-compliance/targeted-business-enterprise-programs

Rev. 08/12/2024-posContract (5).docx

INSTRUCTIONS FOR CONTRACTOR

DO NOT ATTACH TO CONTRACT

Your contract MUST include the following information, or it will not be signed by the City.

Check one box at top of Page 1 for the type of business entity.

Sections 3 & 4 will be completed by the City and should be complete before you sign.

Put a name in Sec. 7.A. – person responsible for administering the contract.

Affirmative Action: Check the appropriate box in Sec. 13.B., Article IV and complete the appropriate online form for the box you have checked:

All contractors:

Access the online forms for Affirmative Action compliance at this link: www.cityofmadison.com/civil-rights/contract-compliance/affirmative-action-plan/vendors-suppliers. If you do not already have an approved, current Affirmative Action Plan on file with the City of Madison, read the “Instructions for Completing City of Madison Affirmative Action Plan” at the above link. This will direct you to register for an account. If you already have an account you may click on the link for “Affirmative Action Plan for Vendors and Suppliers” to proceed. If you have never filed a plan or request for exemption, you must create an account in our online system. If you are exempt under Article IV, Sections C or D you will still need to create an account and go through some steps to confirm your exemption. Register for an account here: https://elam.cityofmadison.com/citizenaccess.

Affirmative Action Questions? Contact Dept. of Civil Rights, Contract Compliance: (608) 266-4910.

Complete Sec. 15 – Official Notices. This is the name/job title/address of the person at your organization to receive legal notices under the contract.

Signature line. A person with authority to bind the organization should sign, date, and print name and job title where shown on the signature page. Contractor signs first, City signs last.

Use any electronic method to sign where indicated, and email signed PDF to your agency contact, unless otherwise instructed.

− Make sure all exhibits/attachments are labeled and attached to the PDF after the signature page, unless otherwise instructed.

− City will sign last, and will email you an electronic signed copy unless otherwise requested.

Enclose CERTIFICATE OF INSURANCE (C.O.I.) showing proof of insurance required by Sec. 27.

Insurance Instructions:

Certificate Holder: City of Madison

Attn: Risk Manager 210 Martin Luther King Jr. Blvd. Room 406 Madison, WI 53703

Proof of all insurance required in the contract must be shown. Use City’s certificate at this link:

https://www.cityofmadison.com/finance/documents/certinsurance.pdf

Insurance delivery options: (a) enclose hard copy of certificate with hard copies of contract mailed to the address in Section 15 of the contract, or (b) email certificate to City Risk Manager Eric Veum at:

eveum@cityofmadison.com and cc: your City contact person on the email. Call Eric Veum at

(608) 266-5965 with insurance questions.

Failure to complete these steps will result in contract not being signed.

https://www.cityofmadison.com/civil-rights/contract-compliance/affirmative-action-plan/vendors-suppliers https://www.cityofmadison.com/civil-rights/contract-compliance/affirmative-action-plan/vendors-suppliers https://elam.cityofmadison.com/citizenaccess/ https://www.cityofmadison.com/finance/documents/certinsurance.pdf mailto:eveum@cityofmadison.com

THIS PAGE IS INTENTIONALLY BLANK

City of Madison

CONTRACT FOR PURCHASE OF SERVICES

1. PARTIES.

This is a Contract between the City of Madison, Wisconsin, hereafter referred to as the "City" and hereafter referred to as "Contractor."

The Contractor is a: Corporation Limited Liability Company General Partnership LLP (to be completed by contractor) Sole Proprietor Unincorporated Association Other: .

2. PURPOSE.

The purpose of this Contract is as set forth in Section 3.

3. SCOPE OF SERVICES AND SCHEDULE OF PAYMENTS.

Contractor will perform the following services and be paid according to the following schedule(s) or attachment(s):

List all attachments here by name, and attach and label them accordingly.

Order of Precedence: In the event of a conflict between the terms of this Contract for Purchase of Services and the terms of any document attached or incorporated herein, the terms of this Contract for Purchase of Services shall control and supersede any such conflicting term.

4. TERM AND EFFECTIVE DATE.

This Contract shall become effective upon execution by the Mayor, (or the Purchasing Agent, if authorized) on behalf of the City of Madison, unless another effective date is specified in the Attachment(s) incorporated in Section 3, however in no case shall work commence before execution by the City of Madison. The term of this Contract shall be insert dates or reference attachments as needed.

5. ENTIRE AGREEMENT.

This Contract for Purchase of Services, including any and all attachments, exhibits and other documents referenced in Section 3 (hereafter, “Agreement” or “Contract”) is the entire Agreement of the parties and supersedes any and all oral contracts and negotiations between the parties. If any document referenced in Section 3 includes a statement that expressly or implicitly disclaims the applicability of this Contract for Purchase of Services, or a statement that such other document is the “entire agreement,” such statement shall be deemed rejected and shall not apply to this Contract.

6. ASSIGNABILITY/SUBCONTRACTING.

Contractor shall not assign or subcontract any interest or obligation under this Contract without the City's prior written approval. All of the services required hereunder will be performed by Contractor and employees of Contractor.

7. DESIGNATED REPRESENTATIVE.

Contractor designates as Contract Agent with primary responsibility for the performance of this Contract. If the Contract Agent resigns, is replaced, or is no longer acting as Contract Agent for any reason, Contractor will notify the City in writing of the change, and propose a replacement Contract Agent within seven (7) calendar days. The City may accept another person as the Contract Agent or may terminate this Contract under Section 25, at its option.

8. PROSECUTION AND PROGRESS.

A. Services under this Agreement shall commence upon written order from the City to the Contractor, which order will constitute authorization to proceed; unless another date for commencement is specified elsewhere in this Contract including documents incorporated in Section 3.

B. The Contractor shall complete the services under this Agreement within the time for completion specified in Section 3, the Scope of Services, including any amendments. The Contractor's services are completed when the City notifies the Contractor in writing that the services are complete and are acceptable. The time for completion shall not be extended because of any delay attributable to the Contractor, but it may be extended by the City in the event of a delay attributable to the City, or in the event of unavoidable delay caused by war, insurrection, natural disaster, or other unexpected event beyond the control of the Contractor. If at any time the Contractor believes that the time for completion of the work should be extended because of unavoidable delay caused by an unexpected event, or because of a delay attributable to the City, the Contractor shall notify the City as soon as possible, but not later than seven (7) calendar days after such an event. Such notice shall include any justification for an extension of time and shall identify the amount of time claimed to be necessary to complete the work.

C. Services by the Contractor shall proceed continuously and expeditiously through completion of each phase of the work.

D. Progress reports documenting the extent of completed services shall be prepared by the Contractor and submitted to the

City with each invoice under Section 24 of this Agreement, and at such other times as the City may specify, unless another procedure is specified in Section 3.

E. The Contractor shall notify the City in writing when the Contractor has determined that the services under this Agreement have been completed. When the City determines that the services are complete and are acceptable, the City will provide written notification to the Contractor, acknowledging formal acceptance of the completed services.

9. AMENDMENT.

This Contract shall be binding on the parties hereto, their respective heirs, devisees, and successors, and cannot be varied or waived by any oral representations or promise of any agent or other person of the parties hereto. Any other change in any provision of this Contract may only be made by a written amendment, signed by the duly authorized agent or agents who executed this Contract.

10. EXTRA SERVICES.

The City may require the Contractor to perform extra services or decreased services, according to the procedure set forth in Section

24. Extra services or decreased services means services which are not different in kind or nature from the services called for in the Scope of Services, Section 3, but which may increase or decrease the quantity and kind of labor or materials or expense of performing the services. Extra services may not increase the total Contract price, as set forth in Section 23, unless the Contract is amended as provided in Section 9 above.

11. NO WAIVER.

No failure to exercise, and no…