Temporary_Transitional_Housing_for_Jail_Diversion_Residents_(Addendum_#2_Revision).pdf

REQUEST FOR PROPOSAL

2023-RFP-063-PR

TEMPORARY/TRANSITIONAL HOUSING FOR JAIL DIVERSION

RESIDENTS

County of Dane

City-County Building, Room 425, 53703

Madison, WI 53703

RELEASE DATE: June 1, 2023

DEADLINE FOR QUESTIONS: June 27, 2023

RESPONSE DEADLINE: July 20, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

County of Dane

REQUEST FOR PROPOSAL

Temporary/Transitional Housing for Jail Diversion Residents

I. Introduction II. RFP Overview

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

VI. Pricing Proposal VII. Vendor Questionnaire

VIII. General Guidelines IX. Standard Terms and Conditions

Request For Proposal #2023-RFP-063-PR Title: Temporary/Transitional Housing for Jail Diversion Residents

1. INTRODUCTION

1.1. Summary

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal according to the specifications set forth within this document.

The County intends to use the results of this process to award a contract or issue of purchase order for the product(s) and or services(s) stated: The Dane County Sheriff's Office seeks a vendor(s) to provide temporary/transitional housing for Jail residents eligible for the Jail Diversion Program (electronic monitoring).

The Dane County Purchasing Division is the sole point of contact for questions and issues that may arise during the RFP process.

1.2. Contact Information

Megan Rogan

Purchasing Officer

Email: rogan.megan@countyofdane.com

Phone: (608) 283-1487

Department:

Sheriff

1.3. Timeline

Release Project Date June 1, 2023

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

Question Response Deadline July 3, 2023, 2:00pm

Proposal Submission Deadline July 20, 2023, 2:00pm mailto:rogan.megan@countyofdane.com tel:(608)283-1487

2. RFP OVERVIEW

2.1. CLARIFICATION OF THE SPECIFICATIONS

All inquiries concerning this RFP must be submitted via the County's eProcurement Portal.

Any questions concerning this RFP must be submitted before 2:00 pm on Tuesday, June 27, 2023.

Proposers are expected to raise any questions, exceptions, or additions they have concerning the RFP document at this point in the RFP process. If a proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the proposer should immediately notify the contact person of such error and request modification or clarification of the RFP document.

Proposers are prohibited from communicating directly with any employee of Dane County, except as described herein. No County employee or representative other than those individuals listed as County contacts in this RFP is authorized to provide any information or respond to any question or inquiry concerning this RFP.

2.2. CALENDAR OF EVENTS

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

Introduction Section of the RFP. The actions with specific dates must be completed as indicated unless otherwise changed by the County. In the event that the County finds it necessary to change any of the specific dates and times in the calendar of events listed below, it will do so by issuing an addendum to this RFP and posting such addendum on the Dane County eProcurement Portal. There may or may not be a formal notification issued for changes in the estimated dates and times.

2.3. SUBMITALL INSTRUCTIONS

Dane County reserves the right to accept any part of this bid deemed to be in the best interest of the

County. The County also retains the right to accept or reject any or all bids.

Proposals must be submitted via the County's eProcurement Portal before 2:00 pm on Thursday, July 20, 2023. Late, faxed, mailed, hand-delivered, or incomplete proposals will be rejected unless otherwise specified. Dane County is not liable for any cost incurred by proposers in replying to this RFP.

To Submit a Proposal:

1. Register at the County's eProcurement Portal at https://procurement.opengov.com/portal/countyofdane

2. Once registered, click on the "draft" button to draft your proposal.

3. Provide company information

4. Answer Vendor Questionnaire

5. Where indicated upload the required documents.

https://procurement.opengov.com/governments/4044/portal/countyofdane https://procurement.opengov.com/governments/4044/portal/countyofdane https://procurement.opengov.com/governments/4044/portal/countyofdane

6. The file upload status can be seen for each document uploaded.

7. Confirm all files have been uploaded

8. Review your work and click on "submit" proposal

9. Acknowledge any addenda

2.4. VENDOR CONFERENCE

A vendor conference will be held to respond to written questions and to provide any needed additional instruction to vendors on the submission of proposals. All vendors who intend to respond to the RFP are strongly encouraged to attend the vendor conference.

3. PROJECT OVERVIEW/SCOPE OF SERVICES

The following definitions and links are used throughout the RFP.

County: Dane County

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

Dane County Purchasing website: www.danepurchasing.com

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

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

3.1. CONTRACT TERM LENGTH

The contract shall be effective on the contract execution date and shall run for 1 year with the option to extend for 2 additional 1 year terms from that date.

3.2. BACKGROUND

Dane County approved a historic investment in a housing style program referred to as

Temporary/Transitional Housing for Jail Diversion Residents. The program provides housing cost assistance to eligible jail residents experiencing homelessness or no current housing in Dane County.

3.3. JAIL DIVERSION PROGRAM

The Jail Diversion Program is a program in which a person is sentenced to the Dane County Jail with

Huber (work release) privileges, that person may be eligible to serve part or all of their sentence at their home or approved housing if they meet the criteria for Jail Diversion.

A resident on the jail diversion program is confined to their home or approved housing and monitored with an electronic device. They are allowed to leave their residence for the purpose of exercising their

Huber privileges. The residence must be free of alcohol, alcohol containers, illegal drugs, and firearms. This RFP is dedicated to address the temporary/transitional housing needs of jail residents released on the Jail Diversion Program who do not have acceptable housing in Dane County.

3.4. NEEDS AND REQUIREMENTS

This RFP is specifically dedicated to providing temporary/transitional housing units to service individuals who are eligible for the Jail Diversion Program.

A. Housing may be hotels, motels, apartments or houses. They need to be geographically located to maximize access to jobs, transit, schools and other key amenities. B. Vendor will contract with county to provide housing for use by Jail Diversion residents.

C. Management of the property shall be the responsibility of the vendor.

D. Vendor responsible for maintenance and upkeep of property.

E. Vendor shall address any safety concerns immediately upon receiving notice of such concerns.

F. Utilities shall be included in quoted rate (daily, weekly or monthly).

G. Length of stay varies per jail diversion resident. Vendors should provide rate per day, week, or month.

H. County wants to contract for a minimum of 10 beds per day, with option to increase if needed.

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

3.5. RENTAL UNIT REQUIREMENTS

The units shall:

A. Be Furnished:

1. All items will be functional, in good repair and clean.

2. Furnishings shall include bed, desk, chair, dining area, living room furniture, and television.

3. The landlord will be responsible for replacing items as needed and shall not charge the Dane

County or the Jail Diversion resident for the replacement of items unless ordered by the court or approved by the Dane County Contract Administrator.

B. Be zoned as residential and appropriate for multi-family use (e.g. House, duplex, townhouse, or apartment building) unless the unit is a hotel or motel.

C. Have an appropriate physical space to accommodate the number of Jail Diversion residents the housing unit(s) is intended to serve.

D. Accommodate the Jail Diversion resident(s).

1. The number of occupants per bedroom shall not exceed two (2) Jail Diversion resident(s).

2. Single occupancy availability preferred.

E. Rental units shall have a bathroom, a common living area, and a shared kitchen with an operating refrigerator/freezer, stove (optional) and microwave (required).

F. The living area and the kitchen shall be equipped to accommodate the number of Jail Diversion resident(s) housed in the unit(s).

G. Have a mailbox for Jail Diversion resident(s) to receive mail. Mailboxes do not need to be locked but if the mailboxes contain a lock then each Jail Diversion resident(s) shall be provided with a key.

H. Be in move-in ready condition by contract start date.

I. The units shall be free from:

1. Mold

2. Peeling and exposed lead paint

3. Pests and rodents

J. Preferred location Madison or suburb with access to public transportation.

3.6. MAINTENANCE REQUIREMENTS FOR UNITS (EXCLUDES HOTELS OR

MOTELS)

The Vendor shall be responsible for maintaining the unit(s) in such a manner as to meet Wis. Admin.

Code Chapter ATCP 134 (Residential Rental Practices), Wis. Stats. Chapter 704 (Landlord and Tenant), and meet all state, county and local building codes, fire safety, life safety, public health, sanitation requirements, orders or local ordinances. The Vendor is expected to conduct routine maintenance inspections of each unit and keep a maintenance log for each unit. The maintenance log for each unit will document the maintaining, repairing and/or replacing the bulleted items listed below to ensure they remain in working order. The Vendor shall supply materials and equipment necessary to maintain the living quarters and surrounding area in a clean, safe, and sanitary condition at all times. A copy of each unit maintenance inspection report will be updated and emailed at least annually in the month of

XXXXX(TBD upon award) to the Dane County Contract Administrator

A. The following items at the units shall be in working order and maintained at all times:

1. Heating system (during heating season – October 1st through May 1st)

2. Air Condition (A/C) unit

3. Hot water heater (120ºF degrees at the source)

4. Lighting – replace bulbs as needed

5. Electric outlets and switches are in working order and have proper covers

6. Kitchen appliances – stove (optional), microwave (required) and refrigerator/freezer

7. Smoke and Carbon Monoxide detectors will be checked, batteries replaced as needed

8. Kitchen fire extinguisher replaced if used or if the indicator on the unit shows it does not have an adequate charge

9. Ventilation, ceiling, and room fans if applicable

10. Mailboxes

11. Telephones and telephone lines

12. Ensure all windows have screens, screens are free from holes and tears, and windows can be opened and remain in the upright position without being propped.

13. All windows contain window coverings or operational blinds

14. Exterior doors are in good working order

B. The Vendor must establish methods for Jail Diversion resident(s), and Dane County Sheriff's

Office staff to report maintenance issues. The Vendor must respond to such reports of routine maintenance issues within 24 hours with a plan for repair/resolution or provide a plan update;

and any such repairs not completed within five (5) to seven (7) days shall be reported to the

Dane County Administrator.

C. The Vendor must have a process in place to respond to maintenance issues within 24 hours such as, but not limited to:

1. Immediate response to problems causing safety and/or fire hazards:

a. Gas Leaks

b. Electrical issues

2. Response to problems within 24 hours such as, but not limited to:

a. Clogged bathtub, sink, and toilet

b. Water leaking underneath sinks, toilets, water heater, or applicable appliances (e.g., washing machine, dishwasher, refrigerator)

c. Broken window

d. Sewage backing up in toilets, sinks, bathtub

e. Sewage overflowing from outside sewer vents

f. Flooding – a continuous flow of water originating from a dwelling unit or waterline

g. Any non-working toilet unless there are two (2) toilets and one is useable then situation requires an urgent response

h. No power to the entire unit or kitchen

i. Glass windows broken causing safety hazard or compromising security

j. Broken locks or doors causing security issues

k. Roof damage or leaking

l. Lack of heat during the heating season (October 1st through May 1st)

3.7. JAIL DIVERSION RESIDENT(s) PROPERTY

If more than one resident is housed in the same rental unit, vendor shall provide secure lock boxes for storage of valuables/medication for each occupant of the rental unit. Dane County Sheriff's Office staff must be provided with the codes to the lock boxes each time they are programmed.

The Vendor will contact the Dane County Sheriff's Office staff for pick-up of Jail Diversion resident’s property that is left behind once the unit is no longer occupied.

3.8. ACCESS TO THE HOTEL, MOTEL AND UNIT(S)

Dane County Sheriff Office staff shall have 24-hour unrestricted access to the hotel, motel and unit(s). Dane County Sheriff's Office staff may perform searches of a Jail Diversion resident(s) rooms without notice.

3.9. MISCELLANEOUS

A. The Vendor shall be responsible for cleaning and sanitizing rooms within 24 hours after a room becomes vacant to accommodate the placement of a new Jail Diversion resident(s).

B. The Vendor and Dane County Sheriff's Office staff require that Jail Diversion resident(s) are responsible for actual cleaning of living quarters. Hotel and motels may provide their own cleaning service.

3.10. FUNDING, INVOICE, AND PAYMENT PROCESS

A. Total budget for payment to vendor(s) shall not exceed the sheriff’s office budget for temporary/transitional housing. The Vendor shall invoice the county monthly.

B. Reimbursement for program services shall be paid according to a unit-based method per Jail

Diversion resident with administrative service costs accounted for in each rate.

C. The County shall initiate payment to Vendor(s) upon receipt of an invoice. The Vendor(s) shall submit its monthly invoice to invoices@danesheriff.com. The invoice shall be submitted within ten (10) days of the last day of the month during which the services were provided.

1. Email delivery of invoices is encouraged and preferred – see the bill to section of the Dane

County purchase order.

2. At minimum, each invoice must include the following:

a. Vendor’s Name

b. Remit to Address

c. Dane County Purchase Order Number

d. Detailed Description of the Services Provided

e. Period of Time in which Services were Provided

f. Rate or Cost of Services per the RFP Cost Proposal and resulting Contract

g. Quantity of Services Provided – this unit of measurement is determined by the RFP Cost

Proposal and resulting Contract (ie: 45 hours)

3. Only properly submitted invoices will be processed for payment. Any invoice failing to comply with these provisions may be returned for correction and reissue.

mailto:invoices@danesheriff.com

4. EVALUATION

No. Evaluation Criteria Scoring Method Weight (Points)

1. Living Quarters Inspection and

Location

Points Based 25

(23.8% of Total)

2. Experience and Qualifications for the Proposed Program

Points Based 40

(38.1% of Total)

3. Cost Points Based 35

(33.3% of Total)

4. Local Vendor Preference Points Based 5

(4.8% of Total)

5. RFP REPONSES REQUIREMENTS

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

#1 of the Vendor Questionnaire.

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

Each section heading shall be clearly marked.

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

- Graphics may be included but are not required.

2. Cost Proposal Response

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

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

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

Proposal attachment, complete it and then upload and submit the Cost Proposal response document(s) via Section 1.2 of the Vendor Questionnaire. This document shall be submitted in PDF Format.

All proposal documents must be saved in PDF format unless otherwise specified within the RFP document and the file name shall include the RFP# and name of business submitting proposal.

Example of how to name the files:

2023-RFP-025 – Vendor Name

2023-RFP-025 – Vendor Name - Cost Proposal

Late, faxed, mailed, hand-delivered, or incomplete proposals will be rejected unless otherwise specified.

Dane County is not liable for any cost incurred by proposers in replying to this RFP.

5.1. Table of Contents

Provide a table of contents that, at a minimum, includes all the sections as identified below. Listing of sub-sections and graphics/tables also may be included.

5.2. Experience and Qualifications for the Proposed Program

A. Include your agency’s mission statement and discuss how this proposed program aligns with that mission.

B. Describe the experience and qualification of your agency to provide the proposed program.

C. Submit 2 - 3 letters of reference on letterhead. References should be specific to the service offered. References should be from agencies you have done business with or those with whom you have collaborated. [Reference checks may be conducted with these agencies and others in the community.]

5.3. Staff Capabilities and Qualifications

A. Describe the staffing that will be used to meet the needs and expectations described in the RFP.

Please be specific to how many staff will be present during the day and overnight and what their duties and responsibilities will entail.

B. The proposer shall describe qualifications for staff who would be assigned to the project and indicate whether they are currently employed or specifically which positions need to be hired.

C. Please provide information illustrating the administrative capabilities and structure of its agency

(i.e. organizational chart) and how the program fits into existing agency operations.

D. Please provide résumés of key staff and copies of licenses, if applicable, and a listing of the board of directors. These may be separate attachments.

5.4. Invoice and Payment Process

Provide written confirmation that you understand the invoice and payment process set forth in the

Scope of Services section of this RFP.

6. PRICING PROPOSAL

COSTS

Line Item Description Quantity Unit of Measure Unit Cost Total

1 Daily Rate -reflects the service unit rate per resident.

Includes housing costs, utilities, etc. Provide detail of what is included in rate.

1 DAILY

2 Weekly Rate reflects the service unit rate per resident.

Includes housing costs, utilities, etc. Provide detail of what is included in rate.

1 WEEKLY

3 Monthly -reflects the service unit rate per resident.

Includes housing costs, utilities, etc. Provide detail of what is included in rate.

1 MONTHLY

TOTAL

MISCELLANEOUS ITEMS

If not included in the Daily, Weekly, or Monthly Rates quoted above, please list items provided and costs per resident. (i.e.: cookware, utensils, bedding, etc.)

Line Item Instructions Misc. Item

Description Unit of Measure Unit Cost

4 Provide Misc.

Item Description in next column:

Cost per Resident

5 Provide Misc.

Item Description in next column:

Cost per Resident

6 Provide Misc.

Item Description in next column:

Cost per Resident

7 Provide Misc.

Item Description in next column:

Cost per Resident

8 Provide Misc.

Item Description in next column:

Cost per Resident

9 Provide Misc.

Item Description in next column:

Cost per Resident

10 Provide Misc.

Item Description in next column:

Cost per Resident

11 Provide Misc.

Item Description in next column:

Cost per Resident

12 Provide Misc.

Item Description in next column:

Cost per Resident

7. VENDOR QUESTIONNAIRE

7.1. RFP DOCUMENT UPLOADS

7.1.1. Upload your Proposal*

Please DO NOT include Cost information in this section.

*Response required

7.1.2. Supplemental Document Upload

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

7.1.3. W9 Upload*

Upload your company's W9 form.

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

*Response required

7.2. VENDOR INFORMATION

7.2.1. Local Vendor Preference *

Select a Local Vendor Preference:

Vendors located within Dane County automatically receive five points toward the evaluation score.

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

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

Preference".

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

☐ No Preference

☐ Yes - Dane County

☐ Yes - Columbia County

☐ Yes - Dodge County

☐ Yes - Green County

☐ Yes - Jefferson County

☐ Yes - Iowa County

☐ Yes - Rock County

☐ Yes - Sauk County

*Response required

7.2.2. Fair Labor Practice Certification *

Has your company been found by the National Labor Relations Board ("NLRB") or the Wisconsin

Employment Relations Commission ("WERC") to have violated any statute or regulation regarding labor standards or relations in the seven years prior to the date this bid submission is signed?

If yesis answered, a copy of any relevant information regarding such violation is required to be uploaded with your bid submission.

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

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

☐ No, our company has NOT been found by the NLRB or the WERC to have violated any statute or regulation regarding labor standards or relations in the seven years prior to the date this bid submission is signed.

☐ Yes, our company HAS been found by the NLRB or the WERC to have violated any statute or regulation regarding labor standards or relations in the seven years prior to the date this bid submission is signed.

*Response required

7.2.3. Cooperative Purchasing*

Reference Guidelines - Section F.

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

☐ Yes

☐ No

*Response required

7.2.4. Designation of Confidential and Proprietary Information*

Please specify what information you wish to designate as confidential and proprietary. Please identify section/ pages/ topic /documents, etc.

NOTE: Pricing sections cannot be designated as confidential and proprietary.

If nothing will be designated, simply type "None" in the section below.

*Response required

7.3. RFP ADDENDA

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

☐ Please confirm

*Response required

7.3.2. If an addendum is posted after I have submitted my proposal response and the resulting addendum requires action to be taken either in the Specification Section or Pricing Section, I understand that:*

1. I will have to unsubmit my proposal response.

2. I will have to acknowledge the posted addendum.

3. I will have to take action in responding to the changes on either the Specification Section or Pricing

Section.

4. I will then have to resubmit my proposal response.

Further instructions on addendum(a) postings can be found here.

☐ Please confirm

*Response required

7.4. SIGNATURE AFFIDAVIT

7.4.1. RFP Response Signature Affidavit*

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

NOTE: For detailed instructions on how to complete the forms via DocuSign, please access the help articles below:

How to Complete DocuSign Forms

How to Download, Complete and Upload without DocuSign

Click here to go to the form

*Response required https://help.procurement.opengov.com/en/articles/4413350-managing-addenda https://help.procurement.opengov.com/en/articles/5659414-how-to-complete-docusign-forms https://help.procurement.opengov.com/en/articles/5608000-how-to-download-docusign-forms https://na4.docusign.net/Member/PowerFormSigning.aspx?PowerFormId=edc59ca5-ec84-4fbd-949b-c65e2eec75b7&env=na4&acct=89dea4ef-d946-42fe-b789-43edb8d4c6b1&v=2

8. GENERAL GUIDELINES

8.1. REASONABLE ACCOMMODATIONS

The County will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you need accommodations at a proposal opening/vendor conference, contact the Purchasing Officer listed or call

WI Relay 711 for TDD Services.

8.2. ADDENDA & REVISIONS

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

It shall be the responsibility of the proposers to regularly monitor the web site for any such postings.

Proposers must acknowledge the receipt/review of any addendum(s) via the eProcurement Portal.

8.3. CONTRACT TERM & FUNDING

The contract shall be effective on the date indicated on the purchase order or the contract execution date and shall run until completion of the project.

8.4. MULTIPLE PROPOSALS

Multiple proposals from a vendor will be permissible; however, the proposer must create separate accounts with separate log-in sequences, emails, and passwords on the County’s ePcourement Portal.

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

8.5. PROPOSAL ORGANIZATION & FORMAT

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

8.6. DESIGNATION OF CONFIDENTIAL & PROPRIETY INFORMATION

All restrictions on the use of data contained within a proposal and all confidential information must be clearly stated on the Vendor Information Attachment under the “Designation of Confidential and

Proprietary Information” section.

Proprietary information submitted in a proposal, or in response to the RFP, will be handled in accordance with the applicable Wisconsin State Statute(s).

Submitted pricing will always become public information when proposals are opened and therefore cannot be designated as confidential.

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in Sect.

134(80)(1)(c) Wis. State Statutes, as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

To the extent permitted by law, it is the intention of Dane County to withhold the contents of the proposal from public view until such times as competitive or bargaining reasons no longer require non-disclosure, in the opinion of Dane County. At that time, all proposals will be available for review in accordance with the Wisconsin Open Records Law.

In the event the Designation of Confidentiality of this information is challenged, is required to provide legal counsel or other necessary assistance to defend the Designation of Confidentiality.

Failure to designate confidential and proprietary information within the Designation of Confidential and

Proprietary Information section of the Vendor Information Attachment may mean that all information provided as part of the proposal response will be open to examination or copying. The County considers other markings of confidential in the proposal document to be insufficient. The undersigned agrees to hold the County harmless for any damages arising out of the release of any material unless they are specifically identified within the Designation of Confidential and Proprietary Information section of the

Vendor Information Attachment.

8.7. COOPERATIVE PURCHASING

Participating in cooperative purchasing gives vendors the opportunity for additional sales without additional bidding. Municipalities and state agencies use cooperative purchasing to expedite purchases.

A “municipality” is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (20, Wis. Stats.

On the Vendor Information page, you will have the opportunity to participate in allowing municipalities and state agencies to piggyback this bid. Participation is not mandatory. A vendor’s decision on participating in this service has no effect on awarding the bid.

Dane County is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases.

8.8. VENDOR REGISTRATION

Vendors are required to register at the County’s eProcurement Portal. Registration is free and will ensure that you receive notifications of solicitations that match your profile and category code(s).

Registering allows a vendor the opportunity to receive notifications for bids issued by the County and provides the County with up-to-date company contact information.

Once registered, please check to make sure your vendor information including commodity codes is up-to-date by signing into your account at:

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

8.9. LOCAL PURCHASING ORDINANCE

Under County ordinances, a Local Vendor is defined as a supplier or provider of equipment, materials, supplies or services that has an established place of business within the County of Dane. An established place of business means a physical office, plant or other facility. A post office box address does not qualify a vendor as a Local Vendor.

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

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

8.10. DANE COUNTY SUSTAINABILITY PRINCIPLES

On October 18, 2012, the Dane County Board of Supervisors adopted Resolution 103, 2012-2013 establishing the following sustainability principles for the county:

• Reduce and eventually eliminate Dane County government’s contribution to fossil fuel dependence and to wasteful use of scarce metals and minerals;

• Reduce and eventually eliminate Dane County government’s contribution to dependence upon persistent chemicals and wasteful use of synthetic substances;

• Reduce and eventually eliminate Dane County government’s contribution to encroachment upon nature and harm to life-sustaining ecosystems (e.g., land, water, wildlife, forest, soil, ecosystems);

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

8.11. FAIR LABOR PRACTICES CERTIFICATION

Dane County Ord. 25.09 (1) is as follows:

(28) BIDDER RESPONSIBILITY. (a) Any bid, application or proposal for any contract with the county, including public works contracts regulated under chapter 40, shall include a certification indicating whether the bidder has been found by the National Labor Relations Board (NLRB) or the Wisconsin

Employment Relations Committee (WERC) to have violated any statute or regulation regarding labor standards or relations within the last seven years. The purchasing manager shall investigate any such finding and make a recommendation to the committee, which shall determine whether the conduct resulting in the finding affects the bidder’s responsibility to perform the contract.

If you indicate that you have been found by the NLRB or WERC to have such a violation on the Vendor

Information page, you must include a copy of any relevant information regarding such violation with your proposal, bid or application.

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

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

8.12. PRELIMINARY EVALUATION

The proposals will first be reviewed to determine if requirements in Section 1 and Section 3 are met.

Failure to meet mandatory requirements will result in the proposal being rejected. In the event that all vendors do not meet one or more of the mandatory requirements, the County reserves the right to continue the evaluation of the proposals and to select the proposal which most closely meets the requirements specified in this RFP.

8.13. PROPOSAL SCORING

Accepted proposals will be reviewed by an evaluation team and scored against the stated criteria in

Section 3 of the RFP document. This scoring will determine the ranking of vendors based upon their written proposals. If the team determines that it is in the best interest of the County to require oral presentations, the highest-ranking vendors will be invited to make such presentations. Those vendors that participate in the interview process will then be scored, and the final ranking will be made based upon those scores.

8.14. ORAL PRESENTATIONS/INTERVIEW

Top ranked selected proposers may be required to make oral interview presentations and/or site visits to supplement their proposals, if requested by the County. The County will make every reasonable attempt to schedule each presentation at a time and location that is agreeable to the proposer. Failure of a proposer to conduct a presentation to the County on the date scheduled may result in rejection of the vendor’s proposal.

8.15. RIGHT TO REJECT PROPOSALS & NEGOTIATE CONTRACT TERMS

The County reserves the right to reject any and all proposals and to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the County may negotiate a contract with the next highest scoring proposer.

8.16. AWARD & FINAL OFFERS

The award will be granted in one of two ways. The award may be granted to the highest scoring responsive and responsible proposer. Alternatively, the highest scoring proposer or proposers may be requested to submit final and best offers. If final and best offers are requested, they will be evaluated against the stated criteria, scored and ranked. The award will then be granted to the highest scoring proposer.

8.17. NOTIFICATION OF INTENT TO AWARD

As a courtesy, the County may send a notification of award memo to responding vendors at the time of the award.

8.18. GENERAL INSTRUCTIONS ON SUBMITTING COST PROPOSALS

The Cost Proposal section of this RFP is a separate document and can be found on the www.danepurchasing.com as part of the posting for this RFP. The Cost Proposal section shall be completed and submitted separately from the RFP Response document.

The proposal will be scored using a standard quantitative calculation where the most cost criteria points will be awarded to the proposal with the lowest cost.

8.19. FIXED PRICE PERIOD

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

9. STANDARD TERMS AND CONDITIONS

9.1. APPLICABILITY

The terms and conditions set forth in this document apply to Requests for Proposals (RFP), Bids and all other transactions whereby the County of Dane acquires goods or services, or both.

9.2. ENTIRE AGREEMENT

These Standard Terms and Conditions shall apply to any contract, including any purchase order, awarded as a result of this request. Special requirements of a resulting contract may also apply. Said written contract with referenced parts and attachments shall constitute the entire agreement, and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the County. Unless otherwise stated in the agreement, these standard terms conditions supersede any other terms and/or conditions applicable to this agreement.

9.3. DEFINITIONS

As used herein, “vendor” includes a provider of goods or services, or both, who is responding to an RFP or a bid, and “bid” includes a response to either an RFP or a bid.

9.4. SPECIFICATIONS

The specifications herein are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability or performance level, or any combination thereof, desired. When alternates are proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. Dane County shall be the sole judge of equivalency. Vendors are cautioned to avoid proposing alternates to the specifications that may result in rejection of their bid.

9.5. DEVIATIONS AND EXCEPTIONS

Deviations and exceptions from terms, conditions, or specifications shall be described fully in writing, signed, and attached to the bid. In the absence of such statement, the bid shall be accepted as in strict compliance with all terms, conditions, and specifications and vendor shall be held liable for injury resulting from any deviation.

9.6. QUALITY

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

9.7. QUANTITIES

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

9.8. DELIVERY

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

9.9. PRICING

Unit prices shown on the bid shall be the price per unit of sale as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid evaluation and contract administration.

1 Prices established in continuing agreements and term contracts may be lowered due to market conditions, but prices shall not be subject to increase for the term specified in the award. Vendor shall submit proposed increases to the Purchasing Division thirty (30) calendar days before the proposed effective date of the price increase. Proposed increases shall be limited to fully documented cost increases to the vendor that are demonstrated to be industry wide. Price increases may not be granted unless they are expressed in bid documents and contracts or agreements.

2 Submission of a bid constitutes bidder’s certification that no financial or personal relationship exists between the bidder and any county official or employee except as specially set forth in writing attached to and made a part of the bid. The successful bidder shall disclose any such relationship which develops during the term of the contract.

9.10. ACCEPTANCE-REJECTION

Dane County reserves the right to accept or reject any or all bids, to waive any technicality in any bid submitted and to accept any part of a bid as deemed to be in the best interests of the County.

Submission of a proposal or a bid constitutes the making of an offer to contract and gives the County an option valid for 60 days after the date of submission to the County.

1 Proposals must be submitted via the County's eProcurement Portal. THERE WILL BE NO EXCEPTIONS

TO THIS POLICY.

9.11. METHOD OF AWARD

Award shall be made to the lowest responsible responsive bidder conforming to specifications, terms, and conditions, or to the most advantageous bid submitted to the County on a quality versus price basis.

9.12. ORDERING/ACCEPTANCE

Written notice of award to a vendor in the form of a purchase order or other document, mailed or delivered to the address shown on the bid will be considered sufficient notice of acceptance of bid. A formal contract containing all provisions of the contract signed by both parties shall be used when required by the Dane County Purchasing Division.

9.13. PAYMENT TERMS AND INVOICING

Unless otherwise agreed, Dane County will pay properly submitted vendor invoices within thirty (30) days of receipt of goods and services. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order.

1. NO WAIVER OF DEFAULT: In no event shall the making of any payment or acceptance of any service or product required by this Agreement constitute or be construed as a waiver by County of any breach of the covenants of the Agreement or a waiver of any default of the successful vendor, and the making of any such payment or acceptance of any such service or product by County while any such default or breach shall exist shall in no way impair or prejudice the right of County with respect to recovery of damages or other remedy as a result of such breach or default.

9.14. TAXES

The County and its departments are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The State of Wisconsin

Department of Revenue has issued tax exempt number 008-1020421168-06 to Dane County.

1. The County is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. The County is exempt from Wisconsin sales or use tax on these purchases. The County may be subject to other states’ taxes on its purchases in that state depending on the laws of that state. Vendors performing construction activities are required to pay state use tax on the cost of materials.

9.15. GUARANTEED DELIVERY

Failure of the vendor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the vendor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include administrative costs.

9.16. APPLICABLE LAW AND VENUE

This contract shall be governed under the laws of the State of Wisconsin, and venue for any legal action between the parties shall be in Dane County Circuit Court. The vendor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct.

9.17. ASSIGNMENT

No right or duty in whole or in part of the vendor under this contract may be assigned or delegated without the prior written consent of Dane County.

9.18. NON-DISCRIMINATION/AFFIRMATIVE

ACTION: During the term of this Agreement the vendor agrees, in accordance with sec. 111.321, Wis.

Stats., and Chapter 19 of the Dane County Code of Ordinances, not to discriminate against any person, whether an applicant or recipient of services, an employee or applicant for employment, on the basis of age, race, ethnicity, religion, color, gender, disability, marital status, sexual orientation, national origin, cultural differences, ancestry, physical appearance, arrest record or conviction record, military participation or membership in the national guard, state defense force or any other reserve component of the military forces of the United States, or political beliefs. The vendor shall provide a harassment-free work environment. These provisions shall include, but not be limited to, the following:

employment, upgrading, demotion, transfer, recruitment, advertising, layoff, termination, training, including apprenticeships, rates of pay or other forms of compensation.

1. Vendors who have twenty (20) or more employees and a contract of twenty thousand dollars

($20,000) or more must submit a written affirmative action plan to the County’s Contract Compliance

Officer within fifteen (15) working days of the effective date of the contract. The County may elect to accept a copy of the current affirmative action plan filed with and approved by a federal, state or local government unit.

2. The vendor agrees to post in conspicuous places, available for employees and applicants for employment, notices setting forth the provisions of this Agreement as they relate to affirmative action and nondiscrimination.

3. Failure to comply with these Terms and Conditions may result in the vendor being debarred, termination of the contract and/or withholding of payment.

4. The vendor agrees to furnish all information and reports required by Dane County’s Contract

Compliance Officer as the same relate to affirmative action and nondiscrimination, which may include any books, records, or accounts deemed appropriate to determine compliance with Chapter 19, D.C.

Ords. and the provisions of this Agreement.

5. AMERICANS WITH DISABILITIES ACT: The vendor agrees to the requirements of the ADA, providing for physical and programmatic access to service delivery and treatment in all programs and activities.

9.19. PATENT, COPYRIGHT AND TRADEMARK INFRINGEMENT

The vendor guarantees goods sold to the County were manufactured or produced in accordance with applicable federal labor laws, and that the sale or use of the articles described herein do not infringe any patent, copyright or trademark. The vendor covenants that it will, at its own expense, defend every suit which shall be brought against the County (provided that such vendor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent, copyright or trademark by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit.

9.20. SAFETY REQUIREMENTS

All materials, equipment, and supplies provided to the County must fully comply with all safety requirements as set forth by the Wisconsin Department of Commerce and all applicable OSHA

Standards.

1. MATERIAL SAFETY DATA SHEET: <body> If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29 CFR 1910.1200, provide one (1) copy of the Material Safety

Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).

9.21. WARRANTY

Unless specifically expressed otherwise in writing, goods and equipment purchased as a result of this request shall be warranted against defects by the vendor for one (1) year from date of receipt. An equipment manufacturer’s standard warranty shall apply as a minimum and must be honored by the vendor.

9.22. INDEMNIFICATION & INSURANCE

1. Vendor shall indemnify, hold harmless and defend County, its boards, commissions, agencies, officers, employees and representatives against any and all liability, loss (including, but not limited to, property damage, bodily injury and loss of life), damages, costs or expenses which County, its officers, employees, agencies, boards, commissions and representatives may sustain, incur or be required to pay by reason of vendor furnishing the services or goods required to be provided under this Agreement, provided, however, that the provisions of this paragraph shall not apply to liabilities, losses, charges, costs, or expenses caused by or resulting from the acts or omissions of County, its agencies, boards, commissions, officers, employees or representatives. The obligations of vendor under this paragraph shall survive the expiration or termination of this Agreement.

2.. In order to protect itself and County its officers, boards, commissions, agencies, agents, volunteers, employees and representatives under the indemnity provisions of the subparagraph above, vendor shall, at vendor’s own expense, obtain and at all times during the term of this Agreement keep in full force and effect the insurance coverages, limits, and endorsements listed below. When obtaining required insurance under this Agreement and otherwise, vendor agrees to preserve County’s subrogation rights in all such matters that may arise that are covered by vendor’s insurance. Neither these requirements nor the County’s review or acceptance of vendor’s certificates of insurance is intended to limit or qualify the liabilities or obligations assumed by the vendor under this Agreement.

The County expressly reserves the right to require higher or lower insurance limits where County deems necessary.

2.1 Commercial General Liability.

Vendor agrees to maintain Commercial General Liability insurance at a limit of not less than $1,000,000 per occurrence. Coverage shall include, but not be limited to, Bodily Injury and Property Damage to

Third Parties, Contractual Liability, Personal Injury and Advertising Injury Liability, Premises-Operations, Independent vendors and Subcontractors, and Fire Legal Liability. The policy shall not exclude Explosion, Collapse, and Underground Property Damage Liability Coverage. The policy shall list DANE COUNTY as an

Additional Insured.

2.2. Commercial/Business Automobile Liability.

Vendor agrees to maintain Commercial/Business Automobile Liability insurance at a limit of not less than $1,000,000 Each Occurrence. Vendor further agrees coverage shall include liability for Owned, Non-Owned & Hired automobiles. In the event vendor does not own automobiles, vendor agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy.

2.3. Environmental Impairment (Pollution) Liability

Vendor agrees to maintain Environmental Impairment (Pollution) Liability insurance at a limit of not less than $1,000,000 per occurrence for…