RFWQ - Bread Bakery Products.pdf

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Attached to
Bread & Bakery Products
Solicitation number
18-083
Issued by
Winnebago County, Wisconsin

About this file

This Request for Written Quote is issued by Walworth County, Wisconsin for the procurement of bread and bakery products to be delivered regularly to Lakeland Health Care Center in Elkhorn, Wisconsin. The solicitation seeks quotes for eight product lines including whole wheat bread, rye bread, white bread, cinnamon raisin bread, cinnamon bread, hamburger buns, hot dog buns, and English muffins, with estimated annual usage of approximately 6,000 units across all product categories. Written quotes must be received by July 23, 2018 at 2:00 PM at the Walworth County Purchasing Division office. Questions from vendors are due by July 13, 2018 at 3:30 PM. The contract is anticipated to commence on October 1, 2018 for an initial one-year term with options to extend for four additional one-year periods under the same terms and conditions by mutual consent. Scheduled deliveries are required on Tuesdays and Fridays between 6:00 AM and 6:00 PM at the facility location.

Award will be made to the lowest responsive and responsible vendor conforming to specifications, terms, and conditions, with consideration given to quality, delivery performance, and past performance history. Walworth County currently spends approximately $10,000 annually on bread and bakery products. All quoted prices must be firm for one year from contract execution and delivered to the facility at no additional freight or fuel charges. Vendors must possess a minimum of five years of experience in providing bread and bakery products, supply nutritional information for all products, provide product samples upon request at no charge, and maintain products with a maximum age of 36 hours from baking time with delivery occurring within 24 hours of baking. Vendors are required to furnish racks for bread and bun trays at no cost and must provide suitable order forms at no cost to the facility. Contractors must maintain workers' compensation insurance with $100,000 limits per accident, comprehensive general liability insurance with $1,000,000 per occurrence limits, and automobile liability insurance with $1,000,000 per occurrence limits, with Walworth County listed as an additional insured. The county reserves the right to extend this contract to other units of government or municipalities under a "piggyback" provision at identical pricing and terms.

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Request for Written Quote

WRITTEN QUOTE #18-083

BREAD & BAKERY PRODUCTS

For: LAKELAND HEALTH CARE CENTER

Written Quote Issued: JUNE 14, 2018 Questions Due: JULY 13, 2018 3:30 PM Written Quotes Due: JULY 23, 2018 2:00 PM

To ensure notification of any Written Quote opportunities, vendor must be registered on Onvia DemandStar at www.demandstar.com. To register at NO CHARGE, visit www.onvia.com/WAPP.

Please note that all notifications, releases and amendments associated with this solicitation will be posted on DemandStar. To ensure notification of future Written Quote opportunities with Walworth County, vendors must be registered on Onvia DemandStar.

BUYER: CYNTHIA M MATZ

PHONE: 262-741-7266

EMAIL: CMATZ@CO.WALWORTH.WI.US

http://www.demandstar.com/ http://www.onvia.com/WAPP

I. INVITATION

Walworth County is accepting sealed Written Quotes from interested firms to provide regular delivery of bread and bakery products for Lakeland Health Care Center.

Written Quotes will be received until 2:00 pm on July 23, 2018 by Walworth County Purchasing Division, W4097 County Road NN, Elkhorn, WI 53121. Shortly after time of deadline, all Written Quotes received will be opened and recorded in the Department of Public Works conference room.

II. POSTING OF SOLICITATIONS

All Walworth County solicitations are posted on DemandStar by Onvia. Written Quote documents and specifications may be obtained from DemandStar at www.demandstar.com. Vendors may register with DemandStar, at no charge, through the Wisconsin Association for Public Procurement (WAPP) of which Walworth County is a participating member, at: http://www.onvia.com/WAPP.

NOTE: Walworth County will make no attempt to contact vendors with updated information. It is the responsibility of each vendor to periodically check the website for any and all notifications, releases and amendments associated with this solicitation.

III. STANDARD TERMS AND CONDITIONS – WALWORTH COUNTY

The Standard Terms and Conditions of Walworth County are made a part of this Written Quote by reference.

Standard Terms and Conditions are available on the internet, under the Purchasing Division on the Walworth County Home Page or by clicking on the following link:

http://www.co.walworth.wi.us/Public%20Works/Purchasing/pdfs/STANDARD%20TERMS%20AND%20CONDITI ONS%205-17.pdf

Documents are also available, upon request, by contacting the buyer listed in this solicitation.

IV. EXAMINATION OF SITE AND WRITTEN QUOTE DOCUMENTS

The vendor is required to carefully examine the Written Quote, the scope of work, and the contract contained herein. It will be assumed that the Vendor has investigated and is satisfied as to the requirements of the Written Quote documents. It is mutually agreed that the submission of a Written Quote shall be considered as conclusive evidence that the Vendor has made such examination and is satisfied as to all the conditions and contingencies.

Pleas of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this specification as a result of failure to make the necessary examinations and investigations will NOT be accepted as:

• An excuse for any failure or omission on the part of the vendor to fulfill, in every detail, all of the requirements of the Written Quote, or

• As a basis for any claims whatsoever for extra compensation, or

• For an extension of time.

All labor, equipment, parts, items, details of services or features not specifically mentioned which are regularly furnished to complete this type of work will be furnished at Written Quote pricing and shall conform in quality, workmanship and service to that usually provided by the practice as specified in this Request for Written Quotes.

http://www.onvia.com/WAPP http://www.co.walworth.wi.us/Public%20Works/Purchasing/pdfs/STANDARD%20TERMS%20AND%20CONDITIONS%205-17.pdf http://www.co.walworth.wi.us/Public%20Works/Purchasing/pdfs/STANDARD%20TERMS%20AND%20CONDITIONS%205-17.pdf

V. VENDOR INQUIRIES / REQUESTS FOR EXCEPTIONS / CHANGES TO WRITTEN

QUOTE

Vendors should request interpretation or correction of any ambiguity, inconsistency, or error.

Consideration will be given to a vendor’s request for a change if any of the terms and conditions of this Written Quote are not in full accord, or if changes, alterations, additions or deductions are necessary for your firm to be compliant with the specifications and submit a response. Any requests for changes, clarifications, etc., must be submitted in writing to:

CYNTHIA M. MATZ, BUYER

Walworth Co. Purchasing Division W4097 County Road NN Elkhorn, WI 53121

Phone: 262-741-7266 Fax: 262-741-3195 Email: cmatz@co.walworth.wi.us

Communications related to this solicitation must be received between 7:00am and 3:30pm, Monday through Friday with the exception of legal holidays.

Questions must be received no later than the close of business on July 13, 2018 at 3:30pm CST.

Requests received after that time will not be considered.

Contact with any other party or attempts by Vendors to contact any other party may result in the rejection of their Written Quote.

No information provided verbally, or by parties other than the Buyer, will be considered binding.

Any changes made as a result of a written request will be issued via an addendum and will be posted to www.demandstar.com. Walworth County will make no attempt to contact vendors with updated information. Vendors are responsible for periodically checking the DemandStar website for any and all notifications, releases and amendments associated with this solicitation prior to the opening date.

VI. SUBMISSION OF WRITTEN QUOTE

Written Quotes must be submitted using the forms provided herein. Submit only the required documents. It is not necessary to return the entire Written Quote document with the Written Quote. Interested firms shall submit their sealed Written Quotes to:

Walworth Co. Purchasing Division W4097 County Road NN

Elkhorn, WI 53121

Vendors must submit one original of their Written Quote either in an enclosed sealed envelope, emailed to cmatz@co.walworth.wi.us or faxed to 262-741-3195. Written Quotes must be clearly labeled with vendor name and address, Written Quote number, and Written Quote title. The following documents must be included with your Written Quote:

• Certificate of Compliance

• References

• Cost Summary

• Questions & Additional Information

Written Quotes must be received, dated and time stamped by the Walworth County Purchasing Division on or before the date and time due. Written Quotes submitted or time stamped in another office will be rejected. Actual receipt in the office of the Purchasing Division is mandatory.

Late responses will not be accepted, will be returned unopened, and will not be considered.

Written Quotes may be transmitted by Email or Fax Machine.

All Written Quotes will be opened and recorded in the Walworth County Public Works Conference Room located at W4097 County Road NN, Elkhorn, WI 53121.

All Written Quotes shall be valid for a period of ninety (90) days after the scheduled time of closing.

All vendors, by submission of their Written Quote, agree to abide by the rules, regulations, and procedures of Walworth County.

VII. WITHDRAWAL OF WRITTEN QUOTE

Written Quotes may be withdrawn only in total and only by a written request to Walworth County Purchasing prior to the time and date scheduled for Written Quote opening.

VIII. METHOD OF AWARD

Award shall be made to the lowest responsible, responsive Vendor(s) conforming to specifications, terms, and conditions, or to the most advantageous Written Quote submitted to the County on a quality versus price basis.

Vendors must quote all items to be eligible for an award.

It is the intent of Walworth County to award this project to lowest responsive and responsible Vendor(s).

The contract shall be deemed as having been awarded when formal recommendation of award has been approved by the appropriate County Committee or County personnel having the authority to make such approval in accordance with County Procedures.

Among other things, quality of the proposed product, quantities, time of delivery, purpose for which required, competency of Vendor, the ability to render satisfactory service and past performance will be considered in determining responsibility.

IX. VENDOR SUPPLIED DOCUMENTATION / MATERIALS

All vendor-supplied materials, including the vendor’s Written Quote, become the property of Walworth County.

Walworth County will work with vendors to meet their confidentiality requirements, provided that they are within reason. All vendor confidential material must have each page clearly marked as confidential. All materials are subject to and the provisions of Wisconsin Statutes Section 19.21, et seq.

If you are claiming a statutory exception to the Wisconsin Open Records Law, you must specify which statutory exception provision applies. To review the statutory exceptions, go to:

http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=83141&infobase=stats.nfo&j1=19.36&jump=19.36&softpage=Browse_Frame_Pg

The County reserves the right to make determinations of confidentiality. If the County does not agree with the information designated under one of the disclosure exceptions, it may either reject the Written Quote or discuss its interpretation of the allowable exceptions with your firm. If agreement can be reached, the Written Quote will be considered. If not, the County will remove your Written Quote from consideration for award and return it to your firm. In no event will price be deemed confidential.

X. VENDOR QUALIFICATIONS

Vendor’s responding to this Written Quote must meet the following qualifications:

• Vendor must have at least (5) years of experience in providing bread and bakery products.

• Service is a factor in the award of this quotation. A vendor's recent delivery and performance under any previous or existing contracts will be examined. Poor performance may be cause for disqualifying a vendor for any section or item in this quotation.

http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=83141&infobase=stats.nfo&j1=19.36&jump=19.36&softpage=Browse_Frame_Pg http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=83141&infobase=stats.nfo&j1=19.36&jump=19.36&softpage=Browse_Frame_Pg

• Vendor must be able to regularly provide the quantity of items ordered. If a product cannot be provided, an acceptable substitute must be provided such that the same number of individuals may be fed. For example:

One (1) package of buns containing 4 buns is ordered. The Vendor cannot provide that particular package, but confirms a different package of buns containing 3 buns may be substituted to ensure the order is not shorted. The Vendor would provide a total of two (2) packages of the substituted buns to ensure Lakeland Health Care Center has sufficient product to feed four (4) individuals.

XI. SUBCONTRACTING

All subcontractors shall be held to the same insurance provisions as noted herein. Additionally, the subcontractor shall comply with all requirements as stated in this specification.

Contractor will not be permitted to sublet, sell, transfer, assign or otherwise dispose of the contract of any portion therein, or its right, title or interest in, to any person and/or Vendor(s) without the written consent of Walworth County. No subcontract shall, under any circumstances, relieve the contractor of liability and obligation under this contract. If subcontractors are used, Walworth County will consider the awarded vendor to be the Prime Contractor and to be solely responsible in all contractual matters, including payment of any and all charges resulting from such subcontractor arrangements. The prime contractor shall be fully responsible for the acts, errors and omissions of the subcontractor.

In the event that a portion or portions of the contract are subcontracted, the Vendor shall provide a list of intended subcontractors with their Written Quote. Walworth County shall be the sole judge in determining whether the subcontracted firm or firms, are qualified to provide the services as sought. Walworth County reserves the right to reject the Written Quote if the subcontractors are determined to be unqualified or unacceptable. After a contract has been awarded, Contractor must obtain prior approval before using any subcontractors not previously identified in your Written Quote.

XII. PROJECT SCOPE / SPECIFICATIONS

General Walworth County spends approximately $10,000.00 per year for bread and bakery products. This information is given for response purposes only. Walworth County cannot predict the product mix, overall quantity or the dollar value of the products/services that will be ordered during the term of this contract. Proposals that require minimum order quantities or dollar amount will be disqualified.

• Vendors must possess a minimum of three (3) years of verifiable experience in the industry. Experience should include accounts equal or larger in size and scope of this proposal.

• Proposals shall not be considered from vendors on any federal or State of Wisconsin lists of debarred or suspended contractors.

• All bread and bakery products shall be made with conventional mixed dough.

• All seeds and nuts are to be excluded on bakery goods.

• All items are to be fresh, clean and wholesome in flavor and texture. All bread and buns are to be sliced uniformly and buns shall be sliced sufficiently for the bun to be easily opened. All bread and bun packaging is to contain a production date or best by date.

• The Contractor must furnish the racks to hold the clean bread and bun trays free of charge.

• All items are to be packaged in clean containers, placed on clean tray racks and delivered in good condition to Lakeland Health Care Center.

• Product acceptability will be at the sole discretion of Lakeland Health Care Center. Any product delivered that does not meet specifications, or is otherwise found to be defective, will be returned at vendor’s expense for replacement.

• Nutritional information for the bread and bakery products must be supplied as part of the bid package (Exhibit D). Bids submitted without this information will be considered non-responsive. All nutritional information must be reviewed by appropriate Lakeland Health Care Center staff to ensure nutritional requirements are suitable for the elderly population to be served. During the contract term, nutritional information must be provided a minimum of one (1) working day prior to delivery of any products being substituted to avoid a shortage.

• Contractor must be able to provide the quantity of items ordered. If an item ordered cannot be provided, the Vendor must contact Lakeland Health Care Center at least one (1) working day prior to delivery to request that an acceptable substitute be provided. Substitutions will be made at no additional cost to Walworth County. Shortage of an order at the time of delivery is unacceptable, as Lakeland Health Care Center staff must have sufficient quantities to ensure each of its residents receive a nutritionally balanced meal.

• All freight charges and fuel costs must be included as part of the bid price. All bid prices must be a delivered price to the Lakeland Health Care Center.

Product Samples

• A sample of all products being quoted shall be provided to the County upon request. The County shall be the sole judge in determining acceptability of the product for County use. Product samples will not be returned and will be provided to the County free of charge.

Product Age

• To provide control over the age of all bread and bakery products, the Contractor must furnish an explanation of their “Bake Day Codes” as part of Exhibit D.

• Bread, dinner rolls, buns, etc., must be fresh and delivered within 24 hours of baking time, with a thirty-six

(36) hours old maximum age. The delivery date must be the same as the code date.

Delivery and Ordering

• Contractor must be prepared to make deliveries as requested by Lakeland Health Care Center.

• Contractor shall maintain sufficient stock levels of all items.

• Deliveries must be checked-in and the invoice signed by the Lead Food Service Worker, Cook or Manager.

• Stock shall be rotated by the Contractor to ensure the oldest stock is consumed first.

• Deliveries must be scheduled according to the table below:

Facility Location Scheduled Delivery Lakeland Health Care Center 1922 County Road NN Elkhorn, WI 53121

Tuesday & Friday 6:00 am to 6:00 pm

• Contractor will be required to provide a suitable order form to be used at no cost to Lakeland Health Care

Center. The order form shall list the items as quoted on the Cost Summary (Exhibit C). No other items are to be listed without authorization from Lakeland Health Care Center. At a minimum, the order form shall include the following for each product/item:

o An item order number o Product description o Brand or product number o Case size or weight or quantity per case.

Alternates Unless otherwise provided for in this Request for Written Quotes, the name of a certain brand, make or manufacturer does not restrict vendors to the specific brand, make or manufacturer name, but conveys the general style, type, character, and quality of the product desired. Any product which the Lakeland Health Care Center, in its sole discretion, determines to be the equal of that specified, considering quality, nutritional value, and suitability for the purpose intended, shall be accepted. It is the vendor’s responsibility to clearly and specifically indicate the product being offered and to provide sufficient descriptive literature, nutritional value and technical detail to enable the Lakeland Health Care Center to determine if the product offered meets the requirements. Lakeland Health Care Center reserves the right to request product samples for any new products being introduced, or for any products the Contractor is providing as a substitute. Failure to furnish adequate nutritional data for evaluation purposes may result in declaring the quotation non-responsive.

XIII. EMPLOYEES

Contractor agrees that trained, certified (where applicable) and competent employees shall perform the services required by this contract using industry-accepted standards. County shall be entitled to request the removal of individuals working on any project for any of the following grounds, provided that such request be in writing and shall specify the reasons for the County’s dissatisfaction:

• Unsatisfactory performance that causes negative operational impact at the County or causes the County to commit additional resources to avoid operational impact;

• Dishonesty or belligerent conduct;

• Lack of compatibility with County staff; or

• Violation of County rules or policies.

Upon such written request, the County and Contractor shall decide on a course of action to cure any such problems, provided that there shall be no cure opportunity required for problems involving dishonesty or belligerent conduct or a violation of County rules or policies. In the event Contractor does not cure the problem within seven (7) days from the date of notice, Contractor shall remove such person and shall promptly provide a qualified replacement. The County will be liable for payment of services only up to the time of dismissal and only if services rendered meet the minimum requirements of the County. Contractor must comply with Walworth County’s work/site rules. Contractor shall comply and accept exclusive responsibility for Contractor’s employee(s) while on Walworth County property.

If for any reason the individuals identified are no longer employed by the firm, or available from the subcontracted firm, the Contractor must notify the County within a reasonable time frame. Contractor is responsible for ensuring that any substitute personnel have comparable skills and experience. The County reserves the right to interview substitute personnel prior to commencement of activity on the project to confirm to County’s satisfaction equivalency of skills and experience.

If any of the Contractor’s employee appears to be incompetent or to act in a disorderly or improper manner, such person shall be removed immediately on request of the County, and shall not again be re-employed except upon written consent of the County.

Employees shall be in a company uniform that clearly identifies the name of the company and employee name.

Uniforms shall be clean and neat in appearance. Employees are required to wear a company supplied photo ID badge. Badges must be clearly visible when worn.

XIV. TERM OF CONTRACT

A contract will be awarded to the successful Vendor. The term of the contract is anticipated to start on October 1, 2018 and shall be for a period of one (1) year, with an option to extend for four (4) additional one (1) year periods, under the same terms and conditions, and by mutual consent of both parties.

XV. PRICE ESCALATION / DE-ESCALATION

Prices quoted must be firm for one year from the time of the fully executed contract date. After such time, prices may escalate or de-escalate based on product cost only. Such request must be made to the Walworth County Purchasing Division at least thirty (30) days in advance of the effective date of the increase. The notification must be accompanied by proof of the vendor’s increase in pricing. Requests for an increase in costs due to the vendor’s increase in overhead or profit will not be allowed.

Likewise, any de-escalation in price shall be passed on to Walworth County. Vendors are obligated to treat price decreases as equally as price increases during the tenure of the contract.

XVI. INVOICING

Contractors shall provide itemized invoices showing date of service and detail of quantities and products delivered or being returned for credit.

Original Invoice must be addressed to Walworth County Finance Department-Accounts Payable Division, 100 W. Walworth Street, P.O. Box 1001, Elkhorn, WI 53121. Contractor is responsible for the completion of all recordkeeping and reporting requirements as appropriate for all items prior to payment.

Walworth County’s preference is to pay with a P-Card. Indicate in the Written Quote whether you will accept a credit card for payment of purchases. Contractor should note how many days after receipt of invoice payment must be processed to accept the credit. Please keep in mind that we will not process payment until/unless goods/services have been received (or accepted if applicable).

If unable to accept credit card, payment will be made within forty-five (45) days after acceptance of goods/services and receipt of a properly documented invoice. Invoice must be sent to the location specified to avoid delays in payment.

XVII. “PIGGYBACK” CLAUSE

Common purchasing practices in government include cooperative or "piggyback" purchasing among various units of government or municipalities. This contract will be extended, with the authorization of the Contractor, to other units of government or municipalities at the same prices and/or discounts and terms and conditions. If another unit of government or municipality decides to use this contract, the Contractor must deal directly with the respective unit of government or municipality concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. Walworth County acts only as the "Contracting Agency" for those public agencies.

XVIII. REFERENCES

Vendor shall provide three (3) references of recent clients with similar requirements as specified in this Written Quote. Reference information shall include contact person, phone number, fax number and email address of a person that may be contacted.

XIX. CONTRACT REVIEW

Successful respondent will be required to meet with designated county personnel, on an as-needed basis, to discuss the services that are being provided. Discussions will include an overall quality review, suggestions to improve the efficiency, services to be provided, and any other matters that may affect the contract. It is also the intent of the contract review to identify and implement efficiencies that may reduce the annual cost of the services provided.

XX. WORK/SITE RULES

Contractor shall comply with Walworth County’s work/site rules. Contractor shall comply and accept exclusive responsibility for each individual employee while on Walworth County property.

XXI. BACKGROUND CHECKS

Contractor shall ensure that employee background checks, consisting of criminal record searches and employment verification, are accomplished and that current records are provided upon request of the County.

All Contractors employees seeking access to the Walworth County facilities must pass a more detailed background check performed by the Walworth County Sheriff’s Office. Costs for this background check shall be borne by the County. Contractor shall provide a photocopy of each employee’s driver’s license (or other acceptable identification) at least 72 hours prior to commencement of work.

XXII. COMPLIANCE WITH LAWS

Contractor is responsible to comply with all statutory rules and regulations. All applicable federal, state and local laws, rules and regulations governing this type of service will apply and will be deemed incorporated into the contract. These requirements shall be done at Contractor’s expense.

XXIII. INSURANCE REQUIREMENTS

Supplier shall furnish County with Certificate of Insurance indicating proof of the following insurance from companies licensed in the State:

• Workers Compensation and Employers' Liability - Worker's Compensation statutory - in compliance with the Compensation law have the State and Employers’ Liability insurance with a limit not less than $ 100,000 each accident.

• Comprehensive or Commercial General Liability with a minimum limit of $1,000,000 per occurrence, $1,000,000 if aggregate Combined Single Limit for Bodily Injury and Property Damage Liability. This insurance shall include, but is not limited to, the following coverage:

o Premises - Operations o Products and Completed Operations o Broad Form Property Damage o Contractual o Personal Injury

The County reserves the right to require higher or lower limits where warranted.

• Automobile Liability with a minimum limit of $1,000,000 per occurrence/$1,000,000 aggregate

Combined Single Limit for Bodily Injury and Property Damage Liability. This insurance shall include coverage for all of the following:

o Owned Automobiles o Hired Automobiles o Non-Owned Automobiles

• The certificate shall list the Certificate Holder and address as follows: Walworth County, Attn: Walworth

County Purchasing, Department of Public Works, W4097 County Road NN, Elkhorn, Wisconsin 53121.

• Other:

o Such insurance shall include under the General Liability and Automobile Liability Policies Walworth

County, its employees, elected officials, representatives, and members of its boards and/or commissions as "Additional Insureds."

o Such insurance shall include a thirty (30) day notice to the County prior to cancellation or material policy change. The notice shall be given to Walworth County Purchasing, Department of Public Works, W4097 County Road NN, Elkhorn, Wisconsin 53121. NOTE: Standard Cancellation Clause on a Certificate of Insurance is not acceptable.

o Supplier shall require sub supplier; if applicable, to furnish identical Certificates of Insurance to Walworth County prior to contract taking effect.

XXIV. DEFICIENCIES

In the event that the County determines that there are deficiencies in the work provided by the Contractor under the contract, the County shall notify the Contractor in writing as to the precise nature of any such deficiencies.

Within ten (10) working days of receipt of such notice, Contractor shall take responsible steps to correct any deficiencies.

EXHIBIT A

Certificate of Compliance

BREAD & BAKERY PRODUCTS

This form must be completed in its entirety and submitted with vendor(s) response to acknowledge that vendor(s) meets or exceeds the minimum requirements.

COMPLIANCE:

Vendor shall comply with the specifications of this request for Written Quote.

Complies: ____ Yes ____ No

REFERENCES: Vendor(s) has completed Exhibit B - References. _______ (initials)

RECEIPT OF ADDENDUM: Vendor(s) acknowledges receipt and inclusion of Addendum number _____ through _____.

FORM OF PAYMENT: Would company accept a Purchasing Card as a form of payment? ____ Yes ____ No

Without any minimums and/or additional fee(s)? ____ Yes ____ No

If credit card is used for payment, how many days after receipt of invoice (or acceptance of goods, whichever is later) payment must be processed to accept the credit card. A minimum of 10 days is required.

_____ Days

COST SUMMARY: Vendor has completed Exhibit C, Cost Summary. ____ Yes ____ No

QUESTIONS & ADDITIONAL INFORMATION: The questions and additional information document (Exhibit D) has been completed in its entirety and is attached.

(initials)

DEBARRED CONTRACTORS: Acknowledgement that the vendor(s) is not on any list of debarred contractors with the effective dates during the project.

(initials)

EXCEPTIONS TO THE MINIMUM REQUIREMENTS:

I hereby certify that all statements herein are made on behalf of:

Name of Company:

Contact Name:

Address:

Phone Number:

Email:

Signature: Date:

Contact Person(s)

Contact person for order placement:

Name: Phone:

E-Mail: Fax:

Contact person for signature of contract:

Contact person for payment:

EXHIBIT B

References

Provide references for similar contracts you have, preferably one who is a public sector client, which demonstrate your firm’s relevant experience.

Reference 1:

Name of Company/Vendor:

Address:

City, State, Zip:

Contact Name:

Email Address:

Phone Number:

Fax Number:

Relevant Project Name:

Year of Service:

Reference 2:

Name of Company/Vendor:

Address:

City, State, Zip:

Contact Name:

Email Address:

Phone Number:

Fax Number:

Relevant Project Name:

Year of Service:

Reference 3:

Name of Company/Vendor:

Address:

City, State, Zip:

Contact Name:

Email Address:

Phone Number:

Fax Number:

Relevant Project Name:

Year of Service:

EXHIBIT C

Cost Summary

BREAD & BAKERY PRODUCTS

Vendor Name

Following is a description of the bread and bakery products required to be delivered as part of this written quotation. Vendor must provide the following requested information. Failure to do so will invalidate your bid.

Bidder shall state the loaf/package size in ounces and the usable slices/quantity per loaf or package. Estimated usage per year may be more or less, dependent upon demand. Fill in the Price per Loaf/Package for each item.

Proposed pricing shall be firm for the term of the contract. All services shall be furnished at proposed pricing and shall be without any additional charges, regardless of the amount of quantity of services/product ordered.

Description

(Loaf Size under Current Contract)

Estimated # Loaves

(per Year) Packaging Brand / Trade # Slices per Loaf Loaf Size (ounces)

Price per Loaf

1 100% Whole Wheat, Double Fiber Bread 1 oz slices; 24 oz loaf 1,234 $

2 Seedless Rye Bread, Sliced 1 oz slices; 24 oz loaf 290 $

3 White Bread, Sliced 1 oz slices; 24 oz loaf 2,740 $

4 Cinnamon Raisin Bread (no nuts), Sliced 1 oz slices; 16 oz loaf 556 $

5 Cinnamon Bread (no raisins, no nuts), Sliced 1 oz slices; 16 oz loaf 80 $

Description

(Package Size under Current Contract)

Estimated # Packages (per Year) Packaging Brand / Trade #

Quantity per

Package

Package Size

(ounces) Price per Package

6 Seedless Hamburger Buns, White approx. 3 ½ oz buns, 12 buns per package 586 $

7 Seedless Hot Dog Buns, White 12 buns per package 140 $

8 English Muffins 12 muffins per package 304 $

Discount on additional items not listed on the tables above _________ % off retail price

Lead time for order placement _____________________________________________

EXHIBIT D

QUESTIONS & ADDITIONAL INFORMATION

1. Are the nutrition labels included on the packaging for the bread and bakery products that will be supplied?

Yes No

2. Is the nutritional information for each product included as part of the response to this solicitation?

3. A sample of all products being bid shall be provided to the County at no charge upon request. The County shall be the sole judge in determining acceptability of the product for County use. Product samples will not be returned and will be provided to the County free of charge. Are you willing to comply with this requirement?

4. Do you have any gluten-free products available that we could add to this contract at a later date?

5. Do you have any Kosher-Certified products available that we could add to this contract at a later date?

6. To provide control over the age of all bread and bakery products, please describe your “Bake Day Codes”.

EXHIBIT E

SAMPLE CONTRACT

** SAMPLE **

Walworth County Goods and Services Contract

Project Number:

Goods and/or services to be provided:

Contract Period: 1/1/1_-12/31/1_ with the option to renew the Contract for

ENTER NUMBER OF YEARS IN WORDS AND

NUMBERS years OR 1/1/1_ through final project completion and acceptance.

Contract Amount: $

County:

Organization Name: Walworth County

Address: 100 West Walworth Street Elkhorn, WI 53121

Walworth County Point of Contact : NAME OF PERSON RESPONSIBLE FOR DAY TO

DAY ACTIVITIES OF CONTRACT

Telephone: 262-741-XXXX Fax: 262-741-XXXX Cell:

E-mail: XXXX@co.walworth.wi.us

Contractor:

Organization Name:

Address:

Contractor Point of Contact: NAME OF PERSON RESPONSIBLE FOR DAY TO

DAY ACTIVITIES OF CONTRACT

Telephone:

Fax:

Cell:

E-mail:

mailto:laldred@co.walworth.wi.us

PURCHASE OF GOODS AND/OR SERVICES CONTRACT

Parties This Contract is between Walworth County whose business address is, 100 West Walworth Street, Elkhorn, WI 53121, hereinafter referred to as the County and __________________ whose business address is ________________________ hereinafter referred to as Contractor.

Article 1 – Overview

This Contract sets forth the responsibilities, time and cost of goods and services relating to the Description of Goods and Services by Contractor.

Section 1.1 Goods and Services to be Provided The COUNTY and Contractor agree that Contractor will provide the following goods and/or services:

Description of Goods and Services at the following location(s):

ENTER NAME AND ADDRESS OF LOCATION(s)

Goods and services shall be provided in accordance with the County’s Request for Written Quote/Proposal for Description of Goods and Services and the Written Quote/proposal submitted by Contractor which are attached as the following exhibits and made a part of this Contract.

Exhibit A – Walworth County Request for Written Quote/Proposal for Description of Goods and Services Exhibit B – Written Quote/Proposal from [Enter Contractor Name]

Article 2 – Term

This Contract is to be effective for the period MM/DD/YYYY through MM\DD\YYYY with the option to renew the Contract for ENTER NUMBER OF YEARS IN WORDS AND (NUMBERS) years under the same terms and conditions upon mutual agreement. OR Upon execution of Contract through final project completion and acceptance.

Article 3 – Goods and/or Services to be Provided

Section 3.1 Inability to Provide Quality or Quantity of Goods and/or Services The Contractor shall notify the County immediately in writing and deliver in person or by registered mail whenever it is unable to provide the required quality or quantity of the goods and/or services. Upon such notification, the County and Contractor shall determine whether such inability will require a revision or termination of this Contract. (See Article 15 “Revision or Termination of this Contract.”)

Section 3.2 Remedies In the event Contractor fails to provide Description of Goods & Services or creates errors which results in the County being obliged to perform required services, if any, the County will be reimbursed the total cost of the County employees’ wages including benefits and all other costs directly incurred by the County for corrective actions taken.

Section 3.3 Documentation of Quality and Quantity of Goods and/or Services The Contractor shall retain all documentation necessary to adequately demonstrate the time, cost, duration, location, scope, quality and effectiveness of goods and/or services rendered under the Contract.

The County reserves the right to not pay for units of goods and/or services reported by the Contractor that are not supported by documentation required under this Contract.

Section 3.4 Standards for Performance in Delivery of Goods and/or Services The County will monitor the Contractor’s performance and will use the results of this monitoring to evaluate the Contractor’s ability to provide adequate goods and/or services to the County. If the Contractor fails to meet contract goals and expected results, the County may reduce or terminate the Contract immediately.

Section 3.5 Force Majeure Neither party shall be in default by reason of any failure in the performance of this Contract in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party.

Article 4 – Payment and Allowable Costs

Section 4.1 Amount Paid Under Contract The maximum payment under this Contract is $______________ per (hour, month, year, etc.) pursuant to Exhibit ___. Actual total payment will be based upon the amount of goods and/or services authorized by the County and the amount of goods and/or services performed by Contractor. It is understood and agreed by all parties that the County assumes no obligation to purchase from the Contractor any minimum amount of goods and/or services as defined in the terms of this Contract.

Section 4.2 Reimbursement of Expenses The County is not liable to Contractor for any expenses paid or incurred by Contractor unless otherwise agreed in writing.

Section 4.2.1 Invoicing and Payment Contractor will invoice the County pursuant to Exhibit __. All invoices are to be mailed to Walworth County Finance Department – Accounts Payable Division, 100 West Walworth Street, Elkhorn, WI 53121. Unless otherwise agreed, Walworth County will pay properly submitted vendor invoices within forty five (45) days of receipt of goods and services. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on a purchase order, if a purchase order is issued with this contract. Walworth County’s preference is to pay for goods/services on procurement card (P-card). However, if P-card is unacceptable, payment will be made in accordance with the above.

Section 4.3 Payment in Excess of Earned Amount The Contractor shall return to County any funds paid in excess of the amount earned under this Contract within 90 days of the end of the Contract period. If the Contractor fails to return funds paid in excess of the amount earned, the County may recover the excess payment from subsequent payments made to the Contractor or through other collection means.

Article 5 – Confidentiality

Section 5.1 Confidentiality Contractor acknowledges that the information disclosed during the performance of this Contract is confidential and/or proprietary to the County. Such information shall not be disclosed to third parties without written consent from the County.

Contractor shall establish and maintain procedures and controls for the purpose of assuring that no information in its records or information obtained from the County or from others in carrying out its function is disclosed. The County reserves the right to review such procedures to ensure acceptability to the County. Any person(s) requesting information should be referred directly to the County.

Section 5.2 Contract Not Confidential Except for documents identified as an exception to Wis. Stat. s. 19.36(3), the Contract and all related documents are not confidential.

Section 5.3 Promotional Advertising Reference to or use of Walworth County, any of its departments, or sub-units or any County official or employee for commercial promotion is prohibited.

Article 6 – Conflict of Interest

The Contractor shall ensure the establishment of safeguards to prevent employees, consultants, or members of the board from using their positions for purposes that are, or give the appearance of being, motivated by a desire for private gain for themselves or others, such as those with whom they have family, business, or other ties.

Article 7 – Debarment and Suspension

The Contractor certifies through signing this Contract that neither the Contractor nor any of its principals are not on the state or federal government list of debarred contractors with the effective dates during this Contract. In addition, the Contractor shall notify the County within (5) five business days in writing and send by registered mail if the Contractor or its principals receive a designation from the state or federal government that they are debarred, suspended, proposed for debarment, or declared ineligible by a state or federal agency. The County may consider suspension or debarment to be cause for revising or terminating the Contract under Article 15 “Revision or termination of this Contract.”

Article 8 – Authorization

The Contractor shall deliver prior authorized goods and/or services only to individuals who have been determined eligible to receive goods and/or services. Individuals to receive the goods and services shall be determined by the County.

Article 9 – Independent Contractor

Section 9.1 Independent Contractor Nothing in this Contract shall create a partnership or joint venture between the County and the Contractor. The Contractor is at all times acting as an independent contractor and is in no sense an employee, agent or volunteer of the County. Contractor is not eligible for, and shall not participate in, any employee pension, health, or other fringe benefit plan of the County.

Section 9.2 Contract Not Assignable This Contract is not assignable, in whole or in part, by County or Contractor without written consent of Walworth County.

Section 9.3 Sub-Contracting Contractor agrees that no sub-contract with a third party, for all or any part of Contractor’s responsibilities identified in this Contract, may be entered into without prior written approval of the County. County agrees not to withhold approval for Contractor to sub-contract, provided the sub-contractor aWritten Quotees by the terms and conditions of this Contract. Regardless of the participation of an approved sub-contractor, Contractor agrees to retain primary responsibility for the fulfillment of its obligations under this Contract. Contractor shall be fully responsible to the County for the acts and omissions if his subcontractors and/or persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by the Contractor.

Section 9.4 No Authority to Bind County Contractor has no authority to enter into contracts on behalf of County. This Contract does not create a partnership between the parties.

Section 9.5 No Construction All terms and conditions included in this Contract are understood as NO CONSTRUCTION AGAINST ANY PARTY. This Contract is the product of informed negotiations between the County, the parties, all of whom are acknowledged to have been represented by competent and informed counsel. If any part of this Contract is deemed to be unclear or ambiguous, it shall be construed as if it were drafted jointly by all parties.

Article 10 – Indemnity and Insurance

Section 10.1 Indemnity The Contractor agrees that it will at all times during the existence of this Contract indemnify the County, its officers, agents and employees against any and all liability including claims, demands, damages, actions or causes of actions; together with any and all losses, costs or expense, including attorney fees where such liability is founded upon or grows out of the acts, errors, or omissions of the other party, its employees, agents or subcontractors. However, the provisions of this paragraph shall not apply to liabilities, losses, charges, costs, or expenses caused by the County.

Section 10.2 Insurance The Contractor agrees that, in order to protect itself as well as the County under the indemnity provision set forth in the above paragraph, the Contractor will at all times during the terms of this Contract keep in force a liability insurance policy issued by a company authorized to do business in the State of Wisconsin and licensed by the Office of the Commissioner of Insurance. Such insurance shall be primary. The types of insurance coverage shall be pursuant to Exhibit A however, not less than the minimum amounts below:

• Comprehensive General Liability: minimum amount $1,000,000

• Auto Liability (if applicable): minimum amount $1,000,000

• Workers Compensation: minimum amount $100,000 per accident

Contractor acknowledges that its indemnification liability to County is not limited by the limits of this insurance coverage.

The Contractor shall not allow subcontractors, if any, to commence work until the aforementioned documents, where applicable, have been obtained from the subcontractor(s).

The County reserves the right to increase, decrease and/or add additional insurance if necessary.

Upon signing this Contract, Contractor will furnish County with a “Certificate of Insurance” with the County listed as “Additional Insured”, verifying the existence of such insurance. In the event of any action, suit, or proceedings against County upon any matter indemnified against, County shall notify the Contractor by registered mail within five business days.

Article 11 – License, Certification, and Staffing

Section 11.1 License and Certification The Contractor shall meet local, state and federal service standards and applicable state training, licensure and certification requirements as expressed by local, state and federal rules and regulations applicable to the goods and/or services covered by this Contract. The Contractor shall attach copies of its license or certification document and the most recent licensing or certification report concerning the Contractor to this Contract when returning the signed Contract to the County. During the Contract period, if applicable, the Contractor shall also send the County copies of any licensing inspection reports within 5 business days of receipt of such reports.

Section 11.2 Staffing The Contractor shall ensure that staff providing goods and/or services are properly supervised and trained and that they meet all of the applicable licensing and certification requirements.

Section 11.3 Safety Requirements All material, equipment and supplies provided to the COUNTY must comply with all safety requirements as set forth by the Wisconsin Administration Code, Rules of the Industrial Commission on Safety and all applicable OSHA standards.

Section 11.4 Regulations Contractor agrees to comply with all the requirements of all applicable federal, state and local laws.

Article 12 – Records

Section 12.1 Ownership All deliverables and /or other products of this Contract (including but not limited to all procedures, solicitation packages, reports, records, summaries and any other matter and materials prepared by Contractor in performance of this Contract) will be the sole, absolute and exclusive property of County, free from any claims or retention of rights, thereto on the part of Contractor, its agents, subcontractor, officers or employees.

Section 12.2 Maintenance of Records The Contractor shall maintain and retain such records and financial statements as required by state and federal laws, rules, and regulations.

Section 12.3 Examination of Records The County shall at any time during normal business hours, upon reasonable notice, have access to and the right to examine, audit, transcribe, and copy, on Contractor’s premises, any of the Contractor’s records and computer data storage media involving transactions directly pertinent to this Contract. If the material is on computer data storage media, the Contractor shall provide copies of the data storage media or a computer printout of such if the County so requests. Any charges for copies of books, documents, papers, records, computer data, storage media or computer printouts provided to the County shall not exceed the actual cost to the Contractor. This provision shall survive the termination, cancellation or expiration of this Contract.

Article 13 – Reporting

The Contractor shall comply with the reporting requirements of the County. All reports shall be in writing and, when applicable, in the format specified by the County. All reports shall be supported by the Contractor’s records. All reports shall be hand delivered to the County, sent by secure e-mail, or sent to the County via registered mail at the address listed in this Contract, if required.

Article 14 – Resolution of Disputes

Section 14.1 Appeal The Contractor may appeal decisions of the County in accordance with the terms and conditions of the Contract and Wis. Stats Chapter 68.

Section 14.2 Choice of Law Any dispute under this Contract or related to this Contract shall be decided in accordance with the laws of the State of Wisconsin and venue for any legal action between parties shall be in Walworth County Circuit Court.

Article 15 – Revision or Termination of this Contract

Section 15.1 Cause for Revision or Termination of this Contract Failure to comply with any part of this Contract may be considered cause for revision or termination of this Contract. County may terminate this Contract at any time immediately for good cause. The County may permit the Contractor a reasonable amount of time to cure a breach of the terms of this Contract, if the breach is amenable to a cure. County shall not unreasonable withhold such permission.

Section 15.2 Amendments All changes that are mutually agreed upon by and between the County and the Contractor, including any…

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