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BID _ - PEST CONTROL SERVICES

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BID _ - PEST CONTROL SERVICES Powered By Docstoc
					                                           Request For Bid

                                   County of Dane, Wisconsin

                                           BID # 5143
                                       Pest Control Services

                                 Proposals must be submitted
                                        no later than
                              2:00 PM, November 1, 2001
SPECIAL INSTRUCTIONS:
1. Place the signed Signature affidavit as the first page of your bid
2. Label the lower left corner of your sealed submittal envelope as follows:
                BID # 5143
                ITEM Pest Control Services
                DUE       2:00pm, November 1, 2001
3. Mail or Deliver to:
                    DANE COUNTY PURCHASING DIVISION
                    ROOM 425 CITY-COUNTY BUILDING
                    210 MARTIN LUTHER KING JR BLVD
                    MADISON WI 53703-3345

                         For further information regarding this Bid,
                contact Wayne Hanson, Purchasing Agent at (608) 266-4966.

                                             Issued by
                                   Dane County Purchasing Division
                                    Department of Administration

                                            October 3, 2001


                             LATE PROPOSALS WILL BE REJECTED

                                 www.co.dane.wi.us/purch/purch.htm




        #5143
        1
            Dane County Vendor Registration Program


    All bidders wishing to receive a bid/proposal award must be a
      paid registered vendor with Dane County. Prior to the bid
   opening, you can complete a registration form online by visiting
    our web site at http://www.co.dane.wi.us/purch/purch.htm, or
        you can obtain a Vendor Registration Form by calling
    608.266.4131. Your completed Vendor Registration Form and
      Registration Fee must be received prior to the bid award.




#5143
2
                          BID # 5143 - PEST CONTROL SERVICES

Dane County is soliciting bids for pest control services for various locations. The contract shall
be for one year from date of award with four possible one-year renewals, if agreeable to both
parties. The contract will begin Jan. 1, 2002.

The County prefers to award the entire contract to one provider, but reserves the right to award
locations separately if it feels it is in the County’s best interest to do so. The County may cancel
the contract, in whole or in part, at any time for lack of adequate performance on the part of the
provider. Adequate performance will be determined by the departmental managers.

This contract will be subject to Dane County’s Living Wage Ordinance (See para. 28 in the
attached Terms and Conditions}. The minimum hourly rate for persons working on this contract
will be $8.49 for 2002.

Prices quoted shall be firm for one year from date of award. If the contract is extended, annual
price increases, if requested by the provider, shall be limited to the annual percentage increase in
the Consumer Price Index, Unadjusted, Urban, for Other Services, using the most recent monthly
index available on the renewal date.

The County may add or delete locations or levels of service during the term of the contract as
conditions require.

Bidders shall provide three references from similar sized accounts. Include contact names and
phone numbers.


                                      Service Requirements

Contractor shall provide professional pest control services, to include labor, material, pesticides
(including bait stations, glue boards, etc.), tools, equipment, insurance, etc. for various County
buildings.

Proper application methods shall be used, including spraying for insects such as ants, silverfish,
cockroaches, wasps, spiders and carpet beetles; dusting or brush application methods for cracks
and crevices; and placing bait stations, employing runway application or mechanical traps for
rodent control. Prudent use of bait shall be made to avoid exposure of squirrels and other wild
animals.

All applicators shall be state certified for the type of pest control being applied. Applicators’
name and company name must be on their uniform. Personnel performing the pest control
service shall report to the facility contact person each time service is performed and shall provide
a report showing areas serviced, infestation found and corrective action taken. Physical defects in
the facilities conducive to infestations that are noticed by the applicator shall be reported to the
contact person.



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Chemicals used shall meet all applicable EPA, FDA and USDA safety regulations and standards.
Include a list of chemicals you intend to use with your bid. The County desires that the amount
and toxicity of chemicals used shall be the minimum required for adequate pest control and that
all applications minimize potential danger to people and damage to the facility/premises.
Contractor shall provide each location with material Data Safety Sheets (MSDS) for each of the
chemicals used on the premises.

Bait stations and traps shall be labeled ―Poison‖ and shall identify the poison being used and date
of service. Traps shall be numbered and indicated on a premises chart detailing trap locations.
Contractor shall update chart as needed. Traps shall be cleaned as necessary.

Work shall be scheduled with each facility contact person. Most work can be performed during
normal working hours; however, if the application can cause discomfort, offensive odors or is
hazardous to building personnel, the application shall be done at times necessary to avoid this
problem.

Contractor shall provide itemized monthly invoices for each location showing areas serviced,
type of service and pesticides used.

Service locations are listed below. Bidders must call ahead and make appointments with the
various departmental contact people. Do not bid on locations you have not visited.




#5143                                           2
Alliant Energy Center
Jack Kale, 608-267-3983
Location                  Service Desired                      Area of Building                    Frequency   Charge Per Visit
1881 Alliant Energy Way   General Pest Control & Mice          Exhibit Building                    Monthly
1881 Alliant Energy Way   General Pest Control & Mice          Coliseum                            Monthly
1881 Alliant Energy Way   General Pest Control & Mice          Bob Johnson Hockey Facility         Monthly
                                                                                                   TOTAL       $




Human Services
Laura Huttner, 608-242-6260
Location                  Service Desired                      Area of Building                    Frequency   Charge Per Visit
2322 & 2304 S Park St     General Pest Control & Mice          Kitchen, Bathrooms, Mechanical      Monthly
                                                               Rooms
1819 Aberg Ave            General Pest Control & Mice          Kitchen, Bathrooms, Mechanical      Monthly
                                                               Rooms
1202/1206 Northport Dr    Mouse & centipede control—interior   Garage, Boiler Room, Kitchens, as   Monthly
                          Bee control—exterior                 requested
1837 Bourbon. Rd          General Pest Control & Mice          Kitchen, Break Room, Restrooms,     Monthly
Cross Plains, WI                                               Mechanical Rooms
125 Veterans Dr.          General Pest Control & Mice          Kitchen, Break Room, Restrooms,     Monthly
Stoughton, WI                                                  Mechanical Rooms
                                                                                                   TOTAL       $




#5143                                                           3
Badger Prairie Health Care Center
Art Cady, 608-845-1225
            Location       Service Desired               Area of Building                         Frequency             Charge Per Visit
1130 E Verona Ave          General Pest Control & Mice   Food Prep Areas, Basement, Office        Bi-monthly
Verona, WI                                               Area, Food Storage Area
1130 E Verona Ave          General Pest Control & Mice   Resident Areas, Office Area, Basement    Monthly
Verona, WI                                               & Old Buildings
                           General Pest Control & Mice   Other areas as requested.                As Requested
                                                                                                  TOTAL                 $




Public Works
Mike DiMaggio, 608-838-9555
Location                   Service Desired               Area of Building                         Frequency             Charge Per Visit
7102 Hwy 12 &18            Rodent Control                Weigh-in station, Garage, Cold Storage   Monthly
                                                         Building, Gas Building, Generator
                                                         Building
7102 Hwy 12 &18            General Pest Control & Mice   Office & Exterior                        Monthly
                                                                                                  TOTAL                 $




Highway & Transportation
Lawrence Breunig, 608-266-4040
            Location       Service Desired               Area of Building                         Frequency             Charge Per Visit
4537 CTH P                 Rodent                        Garage                                   Bi-Monthly (4th
Cross Plains, WI                                                                                  Wed. of every other
                                                                                                  month)
2302 Fish Hatchery Rd      Rodent                        Garage                                   Bi-Monthly
                           Insect/ Baseboard Treatment   Office Areas & Entries
9932 USH 18-151 Business   Rodent                        Garage                                   Bi-Monthly
Mt. Horeb, WI
7299 STH 19                Rodent                        Garage                                   Bi-Monthly
Waunakee, WI




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2520 CTH B              Rodent                        Garage                              Bi-Monthly
Stoughton, WI
624 E Main St           Rodent                        Garage                              Bi-Monthly
Sun Prairie, WI
                                                                                          TOTAL          $




Dane County Regional Airport
Bill Albers, 608-246-3383
            Location    Service Desired               Area of Building                    Frequency      Charge Per Visit
2601 Darwin Rd          General Pest Control & Mice   Maintenance Shop                    Monthly
                                                      Lunch Room & Bathrooms
4000 International Ln   General Pest Control & Mice   Terminal Building                   Monthly
                                                      Air Handling Rooms, Boiler Rooms,
                                                      Rest Rooms
                                                                                          TOTAL          $




Henry Vilas Zoo
Jeff Stafford, 608-266-4733
            Location    Service Desired               Area of Building                    Frequency      Charge Per Visit
702 S Randall Ave       General Pest Control & Mice   Primate House                       Weekly
702 S Randall Ave       General Pest Control & Mice   Aviary                              Weekly
702 S Randall Ave       General Pest Control & Mice   Rhino House                         Weekly
702 S Randall Ave       General Pest Control & Mice   Giraffe/Camel House                 Weekly
702 S Randall Ave       General Pest Control & Mice   Old Barn                            Weekly
702 S Randall Ave       General Pest Control & Mice   Camel Quarantine                    Weekly
702 S Randall Ave       General Pest Control & Mice   Children’s Zoo Barn                 Weekly
702 S Randall Ave       General Pest Control & Mice   Bear Tunnels                        Weekly
702 S Randall Ave       General Pest Control & Mice   Hoofstock Shelters                  Weekly
702 S Randall Ave       General Pest Control & Mice   Maintenance Shop                    Weekly
702 S Randall Ave       General Pest Control & Mice   Administration Building             Weekly
702 S Randall Ave       General Pest Control & Mice   Concession Stands                   Upon Request
702 S Randall Ave       General Pest Control & Mice   Big Cat Holding                     Upon Request
702 S Randall Ave       General Pest Control & Mice   Visitor’s Center                    Upon Request




#5143                                                  5
702 S Randall Ave                  General Pest Control & Mice     Herpetarium                                  Monthly
                                                                                                                TOTAL       $




Facilities Management
Steve Alwin, 608-266-4350
            Location               Service Desired                 Area of Building                             Frequency       Charge Per Visit
City- County Building              Rodent control when requested   Garage through 5th floor restrooms,          Monthly
210 Martin Luther King Jr. Blvd.                                   mechanical rooms & labs, basement
                                                                   lockers, ground floor vending areas
Detox Center                       General Pest Control & Mice     Baseboard treatment interior, Exterior       Monthly
2914 Industrial Dr.                                                areas as requested
NIP/ Records Center                General Pest Control & Mice     Baseboard treatment interior,                Monthly
501 E Badger Rd.                                                   Entryways/ Exterior areas as requested,
                                                                                                                TOTAL       $




Sheriff’s Department
Lt. Joe Sampson 608-284-6915
            Location               Service Desired                 Area of Building                             Frequency   Charge Per Visit
City-County Building, Jail         General Pest Control & Mice     Jail food service & Laundry areas on 6th     Monthly
210 Martin Luther King Jr. Blvd.                                   & 7th Floors


Sheriff’s Department
Lt. Jan Tetzlaff 608-284-6109
              Location             Service Desired                 Area of Building                             Frequency   Charge Per Visit
Public Safety Building             General Pest Control & Mice     Jail food service areas on floors 1,3, and   Monthly
115 W. Doty St.                                                    4. Laundry, break room and dock area in
                                                                   basement




#5143                                                               6
Sheriff’s Department
Sgt. Craig Vander Molen 608-287-8853
             Location             Service Desired                       Area of Building   Frequency    Charge Per Visit
Ferris Huber Center               General Pest Control & Mice           Both floors        Monthly
2120 Rimrock Rd., Madison
                                  Ant & insect control –exterior        Exterior           On request


Sheriff’s Department
Sgt. Dan Turk 608-289-2661
           Location               Service Desired                       Area of Building   Frequency    Charge Per Visit
Law Enforcement Training Center   General Pest Control, Mice, & Flies   Whole building     On request
5184 Highway 19
Waunakee, WI



Total Bid
                                                                                                        $




#5143                                                                    7
                                                          SIGNATURE AFFIDAVIT

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

The undersigned, submitting this bid, hereby agrees with all the terms, conditions, and specifications required by the County in this Request
for Bid, and declares that the attached bid and pricing are in conformity therewith.


Name (Type or Print)                                                             Title


Signature                                                                        Firm


Address: (Street, City , State, Zip Code)


Telephone                                             Fax                                                 E-Mail


Date




            #5143
                                           STANDARD TERMS AND CONDITIONS
                                          (Request For Bids/Proposals/Contracts)
1.0       APPLICABILITY: The terms and conditions set forth            stated on the request or contract. For any given item, the
in this document apply to Requests for Proposals (RFP), Bids           quantity multiplied by the unit price shall establish the
and all other transactions whereby the County of Dane                  extended price, the unit price shall govern in the bid
acquires goods or services, or both.                                   evaluation and contract administration.

1.1       ENTIRE AGREEMENT: These Standard Terms                       7.1      Prices established in continuing agreements and
and Conditions shall apply to any contract, including any              term contracts may be lowered due to market conditions, but
purchase order, awarded as a result of this request. Special           prices shall not be subject to increase for the term specified
requirements of a resulting contract may also apply. Further,          in the award. Any increase proposed shall be submitted to
the written contract with referenced parts and attachments             the contracting department thirty (30) calendar days before
shall constitute the entire agreement, and no other terms and          the proposed effective date of the price increase, and shall
conditions in any document, acceptance, or acknowledgment              be limited to fully documented cost increases to the
shall be effective or binding unless expressly agreed to in            contractor which are demonstrated to be industry wide. The
writing by the County.                                                 conditions under which price increases may be granted shall
                                                                       be expressed in bid documents and contracts or agreements.
1.2.     DEFINITIONS: As used herein, “vendor” includes
a provider of goods or services, or both, who is responding to         7.2       Submission of a bid constitutes bidder’s certification
an RFP or a bid, and “bid” includes a response to either an            that no financial or personal relationship exists between the
RFP or a bid.                                                          bidder any county official or employee except as specially set
                                                                       forth in writing attached to and made a part of the bid. The
2.0       SPECIFICATIONS:             The specifications in this       successful bidder shall disclose any such relationship which
request are the minimum acceptable. When specific                      develops during the term of the contract.
manufacturer and model numbers are used, they are to
establish a design, type of construction, quality, functional          8.0       ACCEPTANCE-REJECTION:                 Dane County
capability or performance level, or any combination thereof,           reserves the right to accept or reject any or all bids, to waive
desired. When alternates are proposed, they must be                    any technicality in any bid submitted and to accept any part
identified by manufacturer, stock number, and such other               of a bid as deemed to be in the best interests of the county.
information necessary to establish equivalency. Dane                   Submission of a proposal or a bid constitutes the making of
County shall be the sold judge of equivalency. Vendors are             an offer to contract and gives the county an option valid for
cautioned to avoid proposing alternates to the specifications          60 days after the date of submission to the county.
which may result in rejection of their bid.
                                                                       8.1       Bids MUST be dated and time stamped by the Dane
3.0       DEVIATIONS AND EXCEPTIONS: Deviations and                    County Purchasing Division Office on or before the date and
exceptions from terms, conditions, or specifications shall be          time that the bid is due. Bids deposited or time stamped in
described fully, on the vendor’s letterhead, signed, and               another office will be rejected. Actual receipt in the office of
attached to the bid. In the absence of such statement, the             the purchasing division is necessary; timely deposit in the
bid shall be accepted as in strict compliance with all terms,          mail system is not sufficient.
conditions, and specifications and the vendors shall be held
liable.                                                                9.0      METHOD OF AWARD:            Award shall be made to
                                                                       the lowest responsible, responsive vendor conforming to
4.0      QUALITY:            Unless otherwise indicated in the         specifications, terms, and conditions, or to the most
request, all material shall be first quality. Items which are          advantageous bid submitted to the County on a quality
used, demonstrators, obsolete, seconds, or which have been             versus price basis. Quantities involved, time of delivery,
discontinued are unacceptable without prior written approval           purpose for which required, competency of vendor, the ability
by Dane County.                                                        to render satisfactory service, and past performance, will be
                                                                       considered in determining responsibility.
5.0       QUANTITIES:       The quantities shown on this
request are based on estimated needs. The County reserves              10.0      ORDERING/ACCEPTANCE:                  Written notice
the right to increase or decrease quantities to meet actual            of award to a vendor in the form of a purchase order or
needs.                                                                 otherwise, mailed or delivered to the address shown on the
                                                                       bid will be considered sufficient notice of acceptance of bid.
6.0      DELIVERY:          Deliveries shall be FOB                    A formal contract containing all provisions of the contract
destination freight prepaid and included unless otherwise              signed by both parties shall be used when required by Dane
specified. Shipment sent C.O.D. or freight collect will not be         County Purchasing Division.
accepted.
                                                                       11.0      PAYMENT TERMS AND INVOICING:                    Dane
7.0       PRICING: Unit prices shown on the bid shall be               County normally will pay properly submitted vendor invoices
the price per unit of sale, e.g., gal., cs., doz., ea., etc., as       within thirty (30) days of receipt of goods or services, or



           #5143                                                   1
combination of both, which have been delivered, installed (if         participation or membership in the national guard, state
required), and accepted as specified. Invoices presented for          defense force or any other reserve component of the military
payment must be submitted in accordance with instructions             forces of the United States, or political beliefs. The
contained on the purchase order including reference to                contractor shall provide an harassment-free work
purchase order number and submittal to the correct address            environment. These provisions shall include, but not be
for processing.                                                       limited to, the following: employment, upgrading, demotion,
                                                                      transfer, recruitment, advertising, layoff, termination, training,
11.1      NO WAIVER OF DEFAULT:               In no event             including apprenticeships, rates of pay or other forms of
shall the making of any payment or acceptance of any                  compensation.
service or product required by this Agreement constitute or
be construed as a waiver by COUNTY of any breach of the               16.1      Contractors who have twenty (20) or more
covenants of the Agreement or a waiver of any default of the          employees and a contract of twenty thousand dollars
successful vendor, and the making of any such payment or              ($20,000) or more must submit a written affirmative action
acceptance of any such service or product by COUNTY                   plan to the county contract compliance office within fifteen
while any such default or breach shall exist shall in no way          (15) working days of the effective date of the contract. The
impair or prejudice the right of COUNTY with respect to               county may elect to accept a copy of the current affirmative
recovery of damages or other remedy as a result of such               action plan filed with and approved by a federal, state or local
breach or default.                                                    government unit.

12.0     TAXES: Dane County and its departments are                   16.2     The contractor agrees to post in conspicuous
exempt from payment of all federal tax and Wisconsin state            places, available for employees and applicants for
and local taxes on its purchases except Wisconsin excise              employment, notices setting forth the provisions of this
taxes as describe below. The State of Wisconsin                       agreement as they relate to affirmative action and
Department of Revenue has issued tax exempt number                    nondiscrimination.
ES41279 to Dane County.
                                                                      16.3     Failure to comply with the conditions of this clause
12.1     The County, including all its departments, is                may result in the contractor’s being declared ineligible to do
required to pay the Wisconsin excise or occupation tax on its         business with the county, termination of the contract, or
purchase of beer, liquor, wine, cigarettes, tobacco products,         subject to withholding of payment.
motor vehicle fuel and general aviation fuel. The County is
exempt from Wisconsin sales or use tax on these purchases.            16.4     The contractor agrees to furnish all information and
Dane County may be subject to other states’ taxes on its              reports required by Dane County’s Contract Compliance
purchases in that state depending on the laws of that state.          Officer as the same relate to affirmative action and
Contractors performing construction activities are required to        nondiscrimination, which may include any books, records, or
pay state use tax on the cost of materials.                           accounts deemed appropriate to determine compliance with
                                                                      chapter 19, D.C. Ords., and the provisions of this Agreement.
13.0      GUARANTEED DELIVERY:                   Failure of the
contractor to adhere to delivery schedules as specified or to         16.5      Americans with Disabilities Act:  The contractor
promptly replace rejected materials shall render the                  agrees to the requirements of the ADA, providing for physical
contractor liable for all costs in excess of the contract price       and programmatic access to service delivery and treatment
when alternate procurement is necessary. Excess costs                 in all programs and activities.
shall include administrative costs.
                                                                      17.0      PATENT, COPYRIGHT AND TRADEMARK
14.0     APPLICABLE LAW:             This contract shall be           INFRINGEMENT: The contractor guarantees goods sold to
governed under the laws of the State of Wisconsin , and               Dane County were manufactured or produced in accordance
venue for any legal action between the parties shall be in            with applicable federal labor laws, and that the sale or use of
Dane County Circuit Court. The contractor shall at all times          the articles described herein will not infringe any patent,
comply with and observe all federal and state laws, local             copyright or trademark. The contractor covenants that it will
laws, ordinances, and regulations which are in effect during          at its own expense defend every suit which shall be brought
the period of this contract and which in any manner affect the        against Dane County(provided that such contractor is
work or its conduct.                                                  promptly notified of such suit, and all papers therein are
                                                                      delivered to it) for any alleged infringement of any patent,
15.0     ASSIGNMENT: No right or duty in whole or in part             copyright or trademark by reason of the sale or use of such
of the contractor under this contract may be assigned or              articles, and agrees that it will pay all costs, damages, and
delegated without the prior written consent of Dane County.           profits recoverable in any such suit.

16.0      NONDISCRIMINATION/AFFIRMATIVE ACTION:                       18.0    SAFETY REQUIREMENTS:                  All materials,
          During the term of this agreement the contractor            equipment, and supplies provided to Dane County must fully
agrees, in accordance with WI Stats. sec. 111.321 and                 comply with all safety requirements as set forth by the
Chapter 19 of the Dane County Code of Ordinances, not to              Wisconsin Department of Commerce and all applicable
discriminate against any person, whether an applicant or              OSHA Standards.
recipient of services, and employee or applicant for
employment, on the basis of age, race , ethnicity, religion,          18.1     MATERIAL SAFETY DATA SHEET:                     If any
color, gender, disability, marital status, sexual orientation,        item(s) on an order(s) resulting from this award(s) is a
national origin, cultural differences, ancestry, physical             hazardous chemical, as defined under 29 CFR 1910.1200,
appearance, arrest record or conviction record, military              provide one (1) copy of the Material Safety Data Sheet for


#5143                                                             2
each item with the shipped container(s) and one (1) copy                either the successful vendor or COUNTY may invoke the tail
with the invoice(s).                                                    option on behalf of the other party and that the Extended
                                                                        Reporting Period premium shall be paid by the successful
19.0       WARRANTY:          Unless specifically expressed             vendor. In the event any action, suit or other proceeding is
otherwise in writing, goods and equipment purchased as a                brought against COUNTY upon any matter herein
result of this request shall be warranted against defects by            indemnified against, COUNTY shall give reasonable notice
the vendor for ninety (90) days from date of receipt. The               thereof to the successful vendor and shall cooperate with the
equipment manufacturer’s standard warranty shall apply as a             successful vendor’s attorneys in the defense of the action,
minimum and must be honored by the contractor. The time                 suit or other proceeding.
limitation in this paragraph does not apply to the warranty
provided in paragraph 27.0.                                             20.4     The county reserves the right to require higher or
                                                                        lower limits where warranted.
20.0    INSURANCE RESPONSIBILITY: The successful
vendor who is providing services to Dane County shall:                  20.5     In case of any sublet of work under this Agreement,
                                                                        the successful vendor shall furnish evidence that each and
20.1     Maintain worker’s compensation insurance as                    every subcontractor has in force and effect insurance policies
required by Wisconsin Statutes, for all employees engaged in            providing coverage identical to that required of the successful
the work. The successful vendor shall furnish evidence of               vendor.
adequate worker’s compensation insurance.
                                                                        21.0      CANCELLATION: County reserves the right to
20.2      Indemnify, hold harmless and defend COUNTY, its               terminate any agreement due to non-appropriation of funds
boards, commissions, agencies, officers, employees and                  or failure of performance by the vendor. This paragraph shall
representatives against any and all liability, loss (including,         not relieve COUNTY of its responsibility to pay for services or
but not limited to, property damage, bodily injury and loss of          goods provided or furnished to COUNTY prior to the effective
life), damages, costs or expenses which COUNTY, its                     date of termination.
officers, employees, agencies, boards, commissions and
representatives may sustain, incur or be required to pay by             22.0       PUBLIC RECORDS ACCESS:               It is the
reason of the successful vendor furnishing the services or              intention of the County to maintain an open and public
goods required to be provided under the contract with the               process in the solicitation, submission, review, and approval
county, provided, however, that the provisions of this                  of procurement activities. Bid openings are public unless
paragraph shall not apply to liabilities, losses, charges, costs,       otherwise specified. Records may not be available for public
or expenses caused by or resulting from the acts or                     inspection prior to issuance of the notice of intent to award or
omissions of COUNTY, its agencies, boards, commissions,                 the award of the contract. Bid results may be obtained by
officers, employees or representatives. The obligations of              visiting the county purchasing office Monday - Friday,
the successful vendor under this paragraph shall survive the            between 8:00 a.m. and 4:00 p.m. Prior appointment is
expiration or termination of any contract resulting from the            advisable.
successful vendor’s bid.
                                                                        22.1        PROPRIETARY INFORMATION: If the successful
20.3       At all times during the term of this Agreement, keep         vendor asserts any of its books and records of its business
in full force and effect comprehensive general liability and            practices and other matters collectively constitute a trade
auto liability insurance policies (as well as professional              secret as that term is defined in s.134.90(1)(c), Wis. Stats.,
malpractice or errors and omissions coverage, if the services           COUNTY will not release such records to the public without
being provided are professional services) issued by a                   first notifying the successful vendor of the request for the
company or companies authorized to business in the State of             records and affording the successful vendor an opportunity to
Wisconsin and licensed by the Wisconsin Insurance                       challenge in a court of competent jurisdiction the requester’s
Department, with liability coverage provided for therein in the         right to access such records. The entire burden of
amount of at least $1,000,000.00 CSL (Combined Singe                    maintaining and defending the trade secret designation shall
Limits), Coverage afforded shall apply as primary. COUNTY               be upon the successful vendor. The successful vendor
shall be given ten (10) days advance notice of cancellation or          acknowledges and agrees that if the successful vendor shall
non-renewal. Upon execution of this Agreement, the                      fail, in a timely manner, to initiate legal action to defend the
successful vendor shall furnish COUNTY with a certificate of            trade secret designation or be unsuccessful in its defense of
insurance listing COUNTY as an additional insured and,                  that designation, COUNTY shall be obligated to and will
upon request, certified copies of the required insurance                release the records.
policies. If the successful vendor’s insurance is underwritten
on a Claims-Made basis, the Retroactive Date shall be prior             22.2      Data contained in a bid, all documentation provided
to or coincide with the date of this agreement, the Certificate         therein, and innovations developed as a result of the
of Insurance shall state that coverage is Claims-Made and               contracted commodities or services cannot be copyrighted or
indicate the Retroactive Date, the successful vendor shall              patented. All data, documentation, and innovations become
maintain coverage for the duration of this agreement and for            the property of the county.
two years following the completion of this agreement. The
successful vendor shall furnish COUNTY, annually on the                 22.3      Any material submitted by the vendor in response to
policy renewal date, a Certificate of Insurance as evidence of          this request that the vendor considers confidential and
coverage. It is further agreed that the successful vendor               proprietary information and which vendor believes qualifies
shall furnish the COUNTY with a 30-day notice of aggregate              as a trade secret, as provided in WI Stats 19.36(5) must be
erosion, in advance of the Retroactive Date, cancellation, or           identified on a designation of Confidential and Proprietary
renewal. It is also agreed that on Claims-Made policies,


#5143                                                               3
Information form. In any event bid prices will not be held             from 1999 to 2000, or any other date changes, will not
confidential after award or contract.                                  prevent such goods, services or licenses from operating in a
                                                                       merchantable manner, for the purposes intended and in
23.0     RECYCLED MATERIALS: Dane County is required                   accordance with all applicable plans and specifications and
to purchase products incorporating recycled materials                  without interruption before, during and after the years 2000;
whenever technically and economically feasible. Vendors                and c) contractor’s internal systems, and those of
are encouraged to bid products with recycled content which             contractor’s vendors, are year 2000 compliant, such that
meet specifications.                                                   contractor will be able to deliver such goods, services and
                                                                       licenses as required by this procurement.
24.0     PROMOTIONAL ADVERTISING: Reference to or
use of Dane County, any of its departments or sub-units, or            28.0     LIVING WAGE REQUIREMENT              The successful
any county official or employee for commercial promotion is            bidder shall:
prohibited.                                                             Pay the county’s living wage to all its employees engaged
                                                                          in performance of the work, whether on a full-time or part-
25.0      ANTITRUST ASSIGNMENT:                The contractor             time basis.
and the County of Dane recognize that in actual economic                Make available for the county’s inspection its payroll
practice, overcharges resulting from antitrust violation are in           records relating to employees providing services under
fact usually borne by the County of Dane (purchaser).                     the agreement.
Therefore, the contractor hereby assigns to the County of               Submit certification as required in section 25.015(7), D.D.
Dane any and all claims for such overcharges as to goods,                 Ords.
materials or services purchased in connection with this                 Display the county’s current living wage poster in a
contract.                                                                 prominent place where it can be easily seen and read by
                                                                          employees.
26.0      RECORDKEEPING AND RECORD RETENTION -
PUBLIC WORKS CONTACTS:                 The successful bidder on        28.01 In the event its payroll records contain any false,
a public works contract shall comply with the State of                 misleading or fraudulent information, or if the successful
Wisconsin prevailing wage scale and shall establish and                bidder fails to comply with the provisions of s. 25.015, D.C.
maintain adequate payroll records for all labor utilized as well       Ords., the county may withhold payments on the contract,
as records for expenditures relating to all subcontracts,              terminate, cancel or suspend the contract in whole or in part,
materialmen and suppliers. All records must be kept in                 or, after a due process hearing, deny the contractor the right
accordance with generally accepted accounting procedures.              to participate in bidding on future county contracts for a
The county shall have the right to audit, review, examine,             period of one year after the first violation is found and for a
copy, and transcribe any such records or documents. The                period of 3 years after a second violation is found.
contractor will retain all documents applicable to the contract
for a period of not less than three (3) years after final              28.02 Bidders are exempt from the above requirements if:
payment is made.                                                        The maximum value of services to be provided is less
                                                                          than $5,000
26.1     RECORDKEEPING AND RECORD RETENTION -                           The bid involves only the sale of goods to the county;
COST REIMBURSEMENT CONTRACTS: The successful                            The bid is for professional services;
bidder on a contract where payment to the contractor is
                                                                        The bid is for a public works contract where wages are
based on the contractors costs shall establish and maintain
                                                                          regulated under s.62.293, Wis. Stats.;
adequate records of all expenditures incurred under the
                                                                        The bidder is a school district, a municipality, or other unit
contract. All records must be kept in accordance with
                                                                          of government;
generally accepted accounting procedures. The contracting
agency shall have the right to audit, review, examine, copy,            The service to be provided is residential services at an
and transcribe any pertinent records or documents relating to             established per bed rate;
any contract resulting from this bid/proposal held by the               The bidder’s employees are persons with disabilities
contractor.       The contractor will retain all documents                working in employment programs and the successful
applicable to the contract for a period of not less than three            bidder holds a current sub-minimum wage certificate
(3) years after final payment is made.                                    issued by the U.S. Department of Labor or where such a
                                                                          certificate could be issued but for the fact that the
27.0      YEAR 2000 COMPLIANT: Contractor warrants that:                  employer is paying a wage higher than the minimum
a) all goods, services and licenses sold otherwise provided               wage;
pursuant to this procurement have been tested for and are               The bidder is an individual providing services to a family
fully year 2000 compliant, which means they are capable of                member; or dreama address
correctly and consistently handling all date-based functions          The bidder’s employees are student interns
before, during and after the years 2000; b) the date change




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