CITY OF MADISON REQUEST FOR BIDS

CITY OF MADISON  REQUEST FOR BIDS
CITY OF MADISON
REQUEST FOR BIDS
RFB #: 8509-0-2016-JA
Title: Parking Stall Line Painting
City Agency: Parking Utility
Due Date: Tuesday, March 1, 2016
2:00 PM CST
REQUEST FOR BIDS
RFB # 8509-0-2016-JA
Table of Contents
NOTICE TO BIDDERS..................................................................................................................... 1
1.1
Summary ............................................................................................................................. 1
1.2
Important Dates ................................................................................................................... 1
1.3
Format ................................................................................................................................. 1
1.4
Labeling ............................................................................................................................... 1
1.5
Delivery of Bids ................................................................................................................... 1
1.6
Appendix A: Standard Terms & Conditions ........................................................................ 1
1.7
Appendix B: Sample Contract for Purchase of Services .................................................... 1
1.8
Multiple Bids ........................................................................................................................ 2
1.9
City of Madison Contact Information ................................................................................... 2
1.10
Inquiries, Clarifications, and Exceptions ............................................................................. 2
1.11
Addenda .............................................................................................................................. 3
1.12
Bid Distribution Networks .................................................................................................... 3
1.13
Local Vendor Preference .................................................................................................... 3
1.14
Oral Presentations/Site Visits/Meetings .............................................................................. 3
1.15
Acceptance/Rejection of Bids ............................................................................................. 3
1.16
Withdrawal or Revision of Bids ........................................................................................... 4
1.17
Non-Material and Material Variances.................................................................................. 4
1.18
Public Records .................................................................................................................... 4
1.19
Usage Reports .................................................................................................................... 4
1.20
Partial Award ....................................................................................................................... 5
1.21
Tax Exempt ......................................................................................................................... 5
1.22
Cooperative Purchasing ...................................................................................................... 5
1.23
Bidders Responsibility ......................................................................................................... 5
2
SCOPE OF WORK .......................................................................................................................... 6
2.1
Overview ............................................................................................................................. 6
2.2
Materials .............................................................................................................................. 6
2.3
Application ........................................................................................................................... 6
2.4
Special Considerations ....................................................................................................... 6
2.5
Contract Terms ................................................................................................................... 6
2.6
Anticipated 2016 Work ........................................................................................................ 6
3
REQUIRED INFORMATION AND CONTENT OF BIDS ................................................................. 7
3.1
Required RFB Forms .......................................................................................................... 7
3.2
Fee Proposal ....................................................................................................................... 7
Form A: Signature Affidavit
Form B: Receipt of Forms and Submittal Checklist
Form C: Vendor Profile
Form D: Fee Proposal
Form E: References
Appendix A: Standard Terms & Conditions
Appendix B: Contract for Purchase of Services
1
Page i
REQUEST FOR BIDS
RFB # 8509-0-2016-JA
1
NOTICE TO BIDDERS
1.1
Summary
The City of Madison Parking Utility (“City”) is soliciting Bids from qualified vendors for Parking Stall Line
Painting. Vendors submitting Bids (“Bidders”) are required to read this Request for Bids (“RFB”) in its
entirety and follow the instructions contained herein.
1.2
Important Dates
Deliver Bids no later than the due time and date indicated below. The City will reject late Bids:
Issue Date:
Questions Due Date:
Responses Posted Date:
Due Date:
1.3
Wednesday, January 20, 2016
Monday, February 1, 2016
Monday , February 8, 2016
Tuesday, March 1, 2016, 2:00 PM CST
Format
Complete and return Forms A through E to City of Madison Purchasing Services by Tuesday, March 1,
2016, 2:00 PM CST.
1.4
Labeling
All Bids must be clearly
labeled:
Bidder’s Name and Address
RFB #: 8509-0-2016-JA
Title: Parking Stall Line Painting
Due:
Tuesday, March 1, 2016, 2:00 PM CST
All email correspondence must include RFB #8509-0-2016-JA in the subject line.
1.5
Delivery of Bids
Delivery of hard copies to:
City of Madison Purchasing Services
City County Building, Room 407
210 Martin Luther King Jr. Blvd.
Madison, WI 53703
Delivery of electronic copy to:
via email to [email protected]
or on a commonly used media with the hard copies.
Bids must be delivered as instructed. Deliveries to other City departments and/or locations may result in
disqualification.
Note: When mailing your response via a third party delivery service, the outside of the packaging MUST
be clearly marked with the RFB/RFQ name and number. This ensures that the bid can be delivered to the
correct purchasing agent without having to open the bid.
1.6
Appendix A: Standard Terms & Conditions
Bidders are responsible for reviewing this attachment prior to submission of their Bids. City of Madison
Standard Terms and Conditions are the minimum requirements for the submission of Bids.
1.7
Appendix B: Sample Contract for Purchase of Services
Page 1
REQUEST FOR BIDS
RFB # 8509-0-2016-JA
Bidders are responsible for reviewing this attachment prior to submission of their Bids. The Sample
Contract for Purchase of Services shall serve as the basis of the contract resulting from this RFB. The
terms of this template contract shall become contractual obligations following award of the RFB. By
submitting a Bid, Bidders affirm their willingness to enter into a contract containing these terms.
1.8
Multiple Bids
Multiple Bids from Bidders are permitted; however, each must fully conform to the requirements for
submission. Bidders must sequentially label (e.g., Bid #1, Bid #2) and separately package each Bid.
Bidders may submit alternate pricing schemes without having to submit multiple Bids.
1.9
City of Madison Contact Information
The City of Madison Parking
Utility is the procuring agency:
David Wills
City of Madison Parking Utility
PH: (608) 261-9981
[email protected]
The City of Madison
Purchasing Services
administers the procurement
function:
John Alliet
Purchasing Services
City-County Bldg, Room 407
210 Martin Luther King, Jr. Blvd.
Madison, WI 53703-3346
PH: (608) 266-4521
FAX: (608) 266-5948
[email protected]
For questions regarding
Affirmative Action Plans please
contact:
Contract Compliance
Department of Civil Rights
City-County Bldg., Room 523
210 Martin Luther King, Jr. Blvd.
Madison, WI 53703
PH: (608) 266-4910
[email protected]
The City employs spam filtering that occasionally blocks legitimate emails, holding them in ‘quarantine” for
four calendar days. The contacts listed in this RFB will acknowledge all emails received. Bidders not
receiving acknowledgement within twenty-four hours shall follow-up via phone with specific information
identifying the originating email address for message recovery.
1.10
Inquiries, Clarifications, and Exceptions
Bidders are to raise any questions they have about the RFB document without delay. Direct all questions,
in writing, to the Purchasing Services administrator listed in Section 1.9.
Bidders finding any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this
RFB document shall immediately notify the Buyer and request clarification. In the event that it is
necessary to provide additional clarification or revision to the RFB, the City will post addenda – see 1.11
below. Bidders are strongly encouraged to check for addenda regularly.
Bids should be as responsive as possible to the provisions stated herein. A prospective vendor may take
“exception” to bid terms, conditions, specifications and dates stated within the bid package. However, the
City of Madison reserves the right to disqualify any and all bids submitted which include exceptions, if
deemed not in the City’s best interests.
Page 2
REQUEST FOR BIDS
1.11
RFB # 8509-0-2016-JA
Addenda
In the event that it is necessary to provide additional clarification or revision to the RFB, the City will post
addenda to its Bids distribution websites – see 1.12 below. It is the Bidders responsibility to regularly
monitor the websites for any such postings. Bidders must acknowledge the receipt of any addenda on
Form B. Failure to retrieve addenda and include their provisions may result in disqualification.
1.12
Bid Distribution Networks
The City of Madison posts all Request for Bids, addenda, tabulations, awards and related
announcements on two distribution networks – VendorNet and DemandStar. The aforementioned
documents are available exclusively from these websites. It is the Bidders responsibility to regularly
monitor the bid distribution network for any such postings. Bidders failure to retrieve such addenda and
incorporate their appropriate provisions in their response may result in disqualification. Both sites offer
free registration to City Bidders.
State of Wisconsin
VendorNet System:
State of Wisconsin and local agencies bid network. Registration is free.
http://vendornet.state.wi.us/vendornet
DemandStar by Onvia:
National bid network – Free subscription is available to access Bids
from the City of Madison and other Wisconsin agencies, participating in
the Wisconsin Association of Public Purchasers (WAPP). A fee is
required if subscribing to multiple agencies that are not included in
WAPP.
Bid Opportunities:
www.cityofmadison.com/finance/purchasing/bidDemandStar.cfm
Home Page:
www.demandstar.com
To Register:
www.onvia.com/WAPP
1.13
Local Vendor Preference
The City of Madison has adopted a local preference purchasing policy granting a scoring preference to
local suppliers. Only suppliers registered as of the bid’s due date will receive preference. Learn more and
register at the City of Madison website: www.cityofmadison.com/business/localPurchasing.
1.14
Oral Presentations/Site Visits/Meetings
Bidders may be asked to attend meetings, make oral presentations, inspect City locations or make their
facilities available for a site inspection as part of this RFB process. Such presentations, meetings or site
visits will be at the Bidders expense.
1.15
Acceptance/Rejection of Bids
The City reserves the right to accept or reject any or all Bids submitted, in whole or in part, and to waive
any informalities or technicalities, which at the City's discretion is determined to be in the best interests of
the City. Further, the City makes no representations that a contract will be awarded to any Bidder
responding to this request. The City expressly reserves the right to reject any and all Bids responding to
this invitation without indicating any reasons for such rejection(s).
The City reserves the right to postpone due dates and openings for its own convenience and to withdraw
this solicitation at any time without prior notice.
Page 3
REQUEST FOR BIDS
1.16
RFB # 8509-0-2016-JA
Withdrawal or Revision of Bids
Bidders may, without prejudice, withdraw Bids submitted prior to the date and time specified for receipt of
Bids by requesting such withdrawal before the due time and date of the submission of Bids. After the due
date of submission of Bids, no Bids may be withdrawn for a period of 90 days or as otherwise specified or
provided by law. Bidders may modify their Bids at any time prior to opening of Bids.
1.17
Non-Material and Material Variances
The City reserves the right to waive or permit cure of nonmaterial variances in the offer if, in the judgment
of the City, it is in the City’s best interest to do so. The determination of materiality is in the sole discretion
of the City.
1.18
Public Records
Bidders are hereby notified that all information submitted in response to this RFB may be made available
for public inspection according to the Public Records Law of the State of Wisconsin or other applicable
public record laws. Information qualifying as a “trade secret”defined in State of Wisconsin
Statutesmay be held confidential.
Bidders shall seal separately and clearly identify all information they deem to be “trade secrets,” as
defined in the State of Wisconsin Statutes. Do not duplicate or co-mingle information, deemed
confidential and sealed, elsewhere in your response.
S. 19.36(5)
(5) TRADE SECRETS. An authority may withhold access to any record or portion of a
record containing information qualifying as a trade secret as defined in s. 134.90(1)(c).
s. 134.90(1)(c)
(c) “Trade secret” means information, including a formula, pattern, compilation, program,
device, method, technique or process to which all of the following apply:
1. The information derives independent economic value, actual or potential, from not
being generally known to, and not being readily ascertainable by proper means by, other
persons who can obtain economic value from its disclosure or use.
2. The information is the subject of efforts to maintain its secrecy that are reasonable
under the circumstances.
The City cannot ensure that information will not be subject to release if a request is made under
applicable public records laws. The City cannot consider the following confidential: a bid in its entirety,
price bid information, or the entire contents of any resulting contract. The City will not provide advance
notice to Bidders prior to release of any requested record.
To the extent permitted by such laws, it is the intention of the City to withhold the contents of Bids from
public viewuntil such times as competitive or bargaining reasons no longer require non-disclosure, in
the City’s opinion. At that time, all Bids will be available for review in accordance with such laws.
1.19
Usage Reports
Annually, the successful Bidders shall furnish to City Purchasing usage reports summarizing the ordering
history for each department served during the previous contract year. The report, at a minimum, must
include each and every item or service ordered during the period, its total quantities and dollars by
item/service and in total. The City reserves the right to request usage reports at any time and request
additional information, if required, when reviewing contract activity.
Page 4
REQUEST FOR BIDS
1.20
RFB # 8509-0-2016-JA
Partial Award
Unless otherwise noted, it will be assumed that Bidders will accept an order for all or part of the
items/services priced.
1.21
Tax Exempt
The City of Madison as a municipality is exempt from payment of federal excise taxes (Registration
Number 39-73-0411-K) and State of Wisconsin taxes per Wisconsin statute 77.54(9a). Federal Tax ID
#39-6005507. A completed Wisconsin Department of Revenue Form S-211 (R.2-00) can be found on the
City website. Our tax-exempt number is ES 42916.
1.22
Cooperative Purchasing
Bidders may choose to extend prices offered on bids to other municipalities. Under Wisconsin Statutes, a
municipality is defined as a county; city; village; town; school district; board of school directors; sewer
district; drainage district; vocational, technical and adult education district; or any other public or quasipublic corporation, officer, board or other body having the authority to award public contracts. This is
known as “cooperative” or “piggyback” purchasing, a practice common amongst units of government. The
City is not responsible for any contract resulting from a cooperative purchase using this RFB as a basis;
they are made solely between the bidders and third party unit of government.
1.23
Bidders Responsibility
Bidders shall examine this RFB and shall exercise their judgment as to the nature and scope of the work
required. No plea of ignorance concerning conditions or difficulties that exist or may hereafter arise in the
execution of the work under the resulting contract, as a consequence of failure to make necessary
examinations and investigations, shall be accepted as an excuse for any failure or omission on the part of
the Bidders to fulfill the requirements of the resulting contract.
Page 5
REQUEST FOR BIDS
2
SCOPE OF WORK
2.1
Overview
RFB # 8509-0-2016-JA
The City of Madison Parking Utility is seeking a contractor to provide painted parking stall line striping with
glass beads in the City owned parking garages (5) and City owned parking lots (7).
This work is typically performed shortly after stall lines are no longer visible, after construction, after
membrane repair, or after resurfacing work has been completed.
The City will be responsible for preparing surfaces for stall line painting as well as closure and signing of
areas to be painted.
The City is also responsible for cleaning up excess glass beads after the striping has been given proper
cure time.
2.2
Materials
The specified paint to be used is Sherwin Williams Low VOC Acrylic Traffic Marking Paint – Yellow
TM6527. The low VOC paint is specified due to the fast cure time of five minutes and lower ambient
temperature requirement of 40 degrees.
Paint is to be applied using manufacturer’s application specifications.
Glass beads are to be applied to all stall lines. The State of Wisconsin specified glass beads are
AASHTO M247 Type I, 80% round, moisture resistant treated.
2.3
Application
Paint shall be applied using manufacturers’ application specifications.
A typical paint stripe is 4” wide.
2.4
Special Considerations
The contractor will need to be on site within five (5) business days of request for services.
Additional points will be awarded to a contractor that can be on site within forty eight (48) hours of request
for services.
2.5
Contract Terms
The City is proposing a one year contract with two one year extensions by mutual agreement.
2.6
Anticipated 2016 Work
Re-stripe:
• Overture Center garage-318 W. Mifflin
• At least 4 bays at Capitol Square North garage-218 E. Mifflin St
• Buckeye Lot-214 W. Gorham
• Wilson Lot-499 E. Wilson
• Blair Lot-410 S. Blair
• Additional work may be required depending on the garage repairs schedule.
Page 6
REQUEST FOR BIDS
3
REQUIRED INFORMATION AND CONTENT OF BIDS
3.1
Required RFB Forms
RFB # 8509-0-2016-JA
Complete and return the required RFB forms listed here.
• Form A: Signature Affidavit
• Form B: Receipt Forms and Submittal Checklist
• Form C: Vendor Profile
• Form E: References
o Provide three client references; include all information listed on Form E.
3.2
Fee Proposal
Please provide the following cost information on Form D: Fee Proposal.
• Price per lineal foot that includes layout and materials.
• Price per lineal foot to re-stripe existing lines that includes materials and no layout.
• The cost increase per lineal foot outside of business hours
• Mobilization cost per trip during business hours
• Mobilization cost per trip outside of business hours
Business hours are defined as Monday through Friday from 8:00 AM to 4:30 PM, excluding City of
Madison Observed Holidays. A list of City holidays can be found at www.cityofmadison.com/cityhall/holiday-schedules.
Page 7
Form A: Signature Affidavit
RFP #: 8509-0-2016-JA
This form must be returned with your response.
In signing Proposals, we certify that we have not, either directly or indirectly, entered into any agreement
or participated in any collusion or otherwise take any action in restraint of free competition; that no
attempt has been made to induce any other person or firm to submit or not to submit Proposals, that
Proposals have been independently arrived at, without collusion with any other Proposers, competitor or
potential competitor; that Proposals have not been knowingly disclosed prior to the opening of Proposals
to any other Proposers or competitor; that the above statement is accurate under penalty of perjury.
The undersigned, submitting this Proposals, hereby agrees with all the terms, conditions, and
specifications required by the City in this Request for Proposals, declares that the attached Proposals and
pricing are in conformity therewith, and attests to the truthfulness of all submissions in response to this
solicitation.
Proposers shall provide the information requested below. Include the legal name of the Proposers and
signature of the person(s) legally authorized to bind the Proposers to a contract.
COMPANY NAME
SIGNATURE
PRINT NAME OF PERSON SIGNING
Rev. 07/20/2015-RFP-FormA-SignatureAffidavit.doc
DATE
Form B: Receipt of Forms and Submittal Checklist
RFP #: 8509-0-2016-JA
This form must be returned with your response.
Proposers hereby acknowledge the receipt and/or submittal of the following forms:
Forms
Description of Services/Commodities
Initial to
Acknowledge
SUBMITTAL
N/A
Form A: Signature Affidavit
Form B: Receipt of Forms and Submittal Checklist
Form C: Vendor Profile
Form D: Fee Proposal
Form E: References
Appendix A: Standard Terms & Conditions
N/A
Appendix B: Contract for Purchase of Services
N/A
Addendum #
Addendum #
Addendum #
Addendum #
VENDOR NAME
COMPANY NAME
Rev. 07/20/2015-RFP-FormB-Receipt kls edits.doc
Initial to
Acknowledge
RECEIPT
Form C: Vendor Profile
RFP #: 8509-0-2016-JA
This form must be returned with your response.
COMPANY INFORMATION
COMPANY NAME (Make sure to use your complete, legal company name.)
FEIN
(If FEIN is not applicable,
SSN collected upon award)
CONTACT NAME (Able to answer questions about proposal.)
TITLE
TELEPHONE NUMBER
FAX NUMBER
EMAIL
ADDRESS
CITY
STATE
ZIP
AFFIRMATIVE ACTION CONTACT
The successful Contractor, who employs more than 15 employees and whose aggregate annual business with the City for the
calendar year, in which the contract takes effect, is more than twenty-five thousand dollars ($25,000), will be required to comply with
the City of Madison Affirmative Action Ordinance, Section 39.02(9) within thirty (30) days of award of contract.
CONTACT NAME
TITLE
TELEPHONE NUMBER
FAX NUMBER
EMAIL
ADDRESS
CITY
STATE
ZIP
ORDERS/BILLING CONTACT
Address where City purchase orders/contracts are to be mailed and person the department contacts concerning orders and billing.
CONTACT NAME
TITLE
TELEPHONE NUMBER
FAX NUMBER
EMAIL
ADDRESS
CITY
STATE
ZIP
LOCAL VENDOR STATUS
The City of Madison has adopted a local preference purchasing policy granting a scoring preference to local suppliers. Only
suppliers registered as of the bid’s due date will receive preference. Learn more and register at the City of Madison website.
CHECK ONLY ONE:
Yes, we are a local vendor and have registered on the City of Madison website under the following
category:
www.cityofmadison.com/business/localPurchasing
No, we are not a local vendor or have not registered.
Rev. 07/20/2015-RFP-FormC-VendorProfile.doc
Form D: Fee Proposal
RFB #: 8509-0-2016-JA
This form must be returned with your response.
Item
Description
Price
1
Price per lineal foot, including layout and materials
$
2
Price per lineal foot to re-stripe existing lines, including materials only
$
3
Cost increase per lineal foot outside of business hours
$
4
Mobilization cost per trip during business hours
$
5
Mobilization cost per trip outside of business hours
$
Anticipated percent of requests for service where vendor will be on site within 48
hours of request
%
Anticipated percent of requests for service where vendor will be on site within 5
days of request
%
Price increase, 2
nd
year
%
Price increase, 3 year
%
rd
Business hours are defined as Monday through Friday from 8:00 AM to 4:30 PM, excluding City of
Madison Observed Holidays. A list of City holidays can be found at www.cityofmadison.com/cityhall/holiday-schedules.
COMPANY NAME
Rev. 07/20/2015-RFP-FormD-Fee Proposal kls edits.doc
Form E: References
RFP #: 8509-0-2016-JA
This form must be returned with your response.
REFERENCE #1 – CLIENT INFORMATION
COMPANY NAME
CONTACT NAME
ADDRESS
CITY
TELEPHONE NUMBER
FAX NUMBER
STATE
ZIP
EMAIL
CONTRACT PERIOD
YEAR COMPLETED
TOTAL COST
DESCRIPTION OF THE PERFORMED WORK
REFERENCE #2 – CLIENT INFORMATION
COMPANY NAME
CONTACT NAME
ADDRESS
CITY
TELEPHONE NUMBER
FAX NUMBER
STATE
ZIP
EMAIL
CONTRACT PERIOD
YEAR COMPLETED
TOTAL COST
DESCRIPTION OF THE PERFORMED WORK
REFERENCE #3 – CLIENT INFORMATION
COMPANY NAME
CONTACT NAME
ADDRESS
CITY
TELEPHONE NUMBER
FAX NUMBER
STATE
ZIP
EMAIL
CONTRACT PERIOD
DESCRIPTION OF THE PERFORMED WORK
COMPANY NAME
Rev. 07/20/2015-8509-Form E.doc
YEAR COMPLETED
TOTAL COST
APPENDIX A
CITY OF MADISON
(STC-Form: 01/05/2016)
1.
General. Throughout this document, "City of Madison," "City" and "Purchasing" shall be synonymous and mean the City of Madison. The
words "bid" and "proposal" are synonymous, as are the words "bidder," "proposer" and "contractor." The phrases "request for proposal,"
"invitation for bids," "request," "invitation," and "solicitation" shall also be synonymous.
As applied to the winning or selected bidder, the words "bid," "proposal," and "contract" are synonymous.
2.
Entire Agreement, Order of Precedence. These standard terms and conditions shall apply to any Purchase Order issued as a result of this
Request for Bid/Proposal, except where expressly stated otherwise in the RFP or in a written instrument covering this purchase signed by
an authorized representative of the City and the Contractor, in a form approved by the City Attorney (a “Separate Contract”). If such a
separate contract is executed it shall constitute the entire agreement and no other terms and conditions, whether oral or written, shall be
effective or binding unless expressly agreed to in writing by the City.
If a Separate Contract is not executed, these Standard Terms and Conditions, the City’s request for proposals, the version of the
vendor’s bid that was accepted by the City, and the City’s Purchase Order (if any) shall constitute a contract and will be the entire
agreement.
Order of Precedence: If there is a conflict between this Section A and any terms in the vendor’s accepted bid or proposal, this Section
A shall control unless the parties expressly agree to another order of precedence, in writing. If there is a conflict between this Section A
and a Separate Contract, the terms and conditions of the Separate Contract shall control.
I.
TERMS FOR SUBMISSION OF BIDS: The following section applies to the bid/selection process only.
3.
This invitation for bids does not commit the City to award a contract, pay any costs incurred in preparation of bids, or to procure or contract
for services or equipment. The City may require the bidder to participate in negotiation and to submit such additional price or technical or
other revisions to his or her bids as may result from negotiation. The bidder shall be responsible for all costs incurred as part of his or her
participation in the pre-award process.
The City reserves the right to accept or reject any or all bids submitted, in whole or in part, and to waive any informalities or
technicalities which at the City’s discretion are determined to be in the best interests of the City. Further, the City makes no representations
that a contract will be awarded to any offeror responding to this request. The City expressly reserves the right to reject any and all bids
responding to this invitation without indicating any reasons for such rejections(s).
The City reserves the right to postpone due dates and openings for its own convenience and to withdraw this solicitation at any time
without prior notice.
4.
Addenda. Changes affecting the specifications will be made by addenda. Changes may include, or result in, a postponement in the bid due
date. Bidders are required to complete the Bidder Response Sheet, acknowledging receipt of all parts of the bid, including all addenda.
5.
Price Proposal. All bidders are required to identify the proposed manufacturer and model, and to indicate the proposed delivery time on the
attached Proposal Form. Failure to do so may cause the bid to be considered not responsive. If desired, the bidder may include product
literature and specifications. The price quoted will remain firm throughout each contract period. Any price increase proposed shall be
submitted sixty (60) calendar days prior to subsequent contract periods and shall be limited to fully documented cost increases to the
bidder which are demonstrated to be industry-wide.
6.
Price Inclusion. The price quoted in any bid shall include all items of labor, materials, tools, equipment, and other costs necessary to fully
complete the furnishing and delivery of equipment or services pursuant to the specifications attached thereof. Any items omitted from the
specifications which are clearly necessary for the completion of the project shall be considered a portion of the specifications although not
directly specified or called for in these specifications.
7.
Pricing and Discount.
a. Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea., etc.) as stated on the
bid/proposal or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price. If an apparent
mistake exists in the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.
b. In determination of award, discounts for early payment will only be considered when all other conditions are equal. Early payment is
defined as payment within fifteen (15) days providing the discount terms are deemed favorable. All payment terms must allow the
option of Net 30.
8.
F.O.B. Destination Freight Prepaid. Bid prices must include all handling, transportation and insurance charges. Failure to bid FOB
Destination Freight Prepaid may disqualify your bid.
9.
Award.
a. The City will have sole discretion as to the methodology used in making the award. Where none is specified, the award will be made
to the lowest responsible bidder in compliance with the specifications and requirements of this solicitation.
b. The right is reserved to make a separate award of each item, group of items or all items, and to make an award in whole or in part,
whichever is deemed in the best interest of the City.
10. Responsiveness and Responsibility. Award will be made to the responsible and responsive bidder whose bid is most advantageous to the
City with price and other factors considered. For the purposes of this project, responsiveness is defined as the bidder’s conformance to the
requirements of the solicitation. Being not responsive includes the failure to furnish information requested.
STC.doc
Page 1
Responsibility is defined as the bidder’s potential ability to perform successfully under the terms of the proposed contract. Briefly, a
responsible bidder has adequate financial resources or the ability to obtain said resources; can comply with required delivery taking into
account other business commitments; has a satisfactory performance record; has a satisfactory record of integrity and business ethics;
and has the necessary organization, experience and technical skills.
The City reserves the right to refuse to accept any bid from any person, firm or corporation that is in arrears or is in default to the City,
or has failed to perform faithfully any previous contract with the City. If requested, the bidder must present within five (5) working days
evidence satisfactory to the City of performance ability and possession of necessary facilities, financial resources, adequate insurance,
and any other resources required to determine the bidder’s ability to comply with the terms of this solicitation document.
11. Cancellation.
a. The City reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds.
b. In the event the Bidder shall default in any of the covenants, agreements, commitments, or conditions and any such default shall
continue unremedied for a period of ten (10) days after written notice to the Bidder, the City may, at its option and in addition to all
other rights and remedies which it may have, terminate the Agreement and all rights of the Bidder under the Agreement.
c. Failure to maintain the required certificates of insurance, permits, licenses and bonds will be cause for contract termination. If the
Bidder fails to maintain and keep in force the insurance, if required, the City shall have the right to cancel and terminate the contract
without notice.
II.
CONDITIONS OF PURCHASE: The following section applies to purchases/contracts after the award. See Paragraphs 1 & 2 for
applicability and order of precedence.
12. Specifications.
a. All bidders must be in compliance with all specifications and any drawings provided with this solicitation. Exceptions taken to these
specifications must be noted on your bid.
b. When specific manufacturer and model numbers are used, they are to establish a design, type, construction, quality, functional
capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock
number, and the bidder/proposer is responsible for providing sufficient information to establish equivalency. The City shall be the sole
judge of equivalency. Bidders are cautioned to avoid bidding alternates which do not meet specifications, which may result in rejection
of their bid/proposal.
13. Regulatory Compliance.
a. Seller represents and warrants that the goods or services furnished hereunder, including all labels, packages, and container for said
goods, comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State and local laws,
rules and regulations as applicable, including the Occupational Safety and Health Act (OSHA), as amended, with respect to design,
manufacture or use for their intended purpose of said goods or services. Seller shall furnish Material Safety Data Sheets (MSDS)
whenever applicable.
b. If it is determined by the City that such standards are not met, the seller agrees to bear all costs required to meet the minimum
standards as stated above for the equipment/products furnished under this contract.
14. Warranty. Unless otherwise specifically stated by the bidder, products shall be warranted against defects by the bidder for ninety (90) days
from the date of receipt. If bidder or manufacturer offers warranty that exceeds 90 days, such warranty shall prevail.
15. Ownership of Printing Materials. All artwork, camera-ready copy, negative, dies, photos and similar materials used to produce a printing
job shall become the property of the City. Any furnished materials shall remain the property of the City. Failure to meet this requirement will
disqualify your bid.
16. Item Return Policy. Bidder will be required to accept return of products ordered in error for up to twenty-one (21) calendar days from date
of receipt, with the City paying only the return shipping costs. Indicate in detail on the Bidder Response Sheet, your return policy.
17. Payment Terms and Invoicing. The City will pay properly submitted vendor invoices within thirty (30) days of receipt, providing good and/or
services have been delivered, installed (if required), and accepted as specified.
a. Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days after receipt of a properly
completed invoice, unless the vendor is notified in writing by the agency of a dispute before payment is due.
b. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order, including
reference to purchase order and submittal to the correct address for processing. Invoice payment processing address is shown on the
upper middle section of the purchase order. Send invoices to Accounts Payable address on the purchase order. Do not send invoices
to Purchasing or ship to address.
c. Bidders, proposers shall include discounts for early payment as a percent reduction of invoice. Invoice discounts shall be determined
where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later. Discounts for early payment
terms stated on the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be
taken.
d. Invoices submitted not in accordance with these instructions will be removed from the payment process and returned within ten (10)
days.
18. F.O.B. Destination Freight Prepaid. Unless otherwise agreed in writing, the vendor shall bear all handling, transportation and insurance
charges. Title of goods shall pass upon acceptance of goods at the City’s dock.
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19. Tax Exemption. The City of Madison is exempt from the payment of Federal Excise Tax and State Sales Tax. The City Tax Exempt
number is ES 42916. Any other sales tax, use tax, imposts, revenues, excise, or other taxes which are now, or which may hereafter be
imposed by Congress, the State of Wisconsin, or any other political subdivision thereof and applicable to the sale of material delivered as a
result of the bidder’s bid and which, by terms of the tax law, may be passed directly to the City, will be paid by the City.
20. Affirmative Action. If the Contractor employs 15 or more employees and has aggregate annual business with the City for the calendar year
in which the contract takes effect of $25,000 or more, the contractor will be required to file, within thirty (30) days of execution of the
contract, a Model Affirmative Action Plan that is designed to insure that the contractor provides equal employment opportunity to all and
takes affirmative action in its utilization of job applicants and employees who are women, minorities or persons with disabilities. [Madison
General Ordinances, Sec. 39.02(9)]. The Model Affirmative Action Plan, Request for Exemption form, Workforce Utilization Statistics
Report, and instructions are available at: www.cityofmadison.com/dcr/aaForms.cfm or by contacting the City of Madison Department of
Civil Rights (DCR) at (608) 266-4910. If the contractor employees 15 or more employees but does not have annual aggregate business
with the city of $25,000 or more, contractor must submit certain workforce utilization statistics on a form provided by DCR, and for at least
twelve (12) months after the effective date of this purchase, Contractor must notify the DCR of all job openings in Dane County open to
applicants not already employees of the Contractor. The notice must include job description, classification, qualifications, application
procedures, and deadlines. The Contractor agrees to interview and consider candidates referred by DCR if the candidate meets minimum
qualification standards established by Contractor, and the referral is timely. A referral is timely if it is received by the Contractor on or
before the date stated in the notice. Further, the Contractor shall allow maximum feasible opportunity to small business enterprises to
compete for any subcontracts entered into pursuant to this contract.
21. Non-Discrimination. In the performance of work under this Contract, the Contractor agrees not to discriminate against any employee or
applicant for employment because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or
source of income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, gender
identity, political beliefs or student status. Contractor further agrees not to discriminate against any subcontractor or person who offers to
subcontract on this Contract because of race, religion, color, age, disability, sex, sexual orientation, gender identity or national origin.
22. Living Wage. (Applicable to Service Contracts Exceeding $5,000.) The bidder agrees to pay all employees employed in the performance of
this contract, whether on full-time or part-time basis, a base wage of not less than the City minimum hourly wage as required by
Section 4.20, Madison General Ordinances. Additional information is available on our website: www.cityofmadison.com/finance/wage.
23. Prevailing Wage. (Applicable to single-trade projects of $48,000 or more & multiple-trade projects of $100,000 or more.) When required by
Wis. 66.0903, the Contractor warrants that prevailing wages will be paid to all trades and occupations, as may be applicable under
Wisconsin Statutes sec. 66.0903. Wage scale is on file with the City Engineer and linked at www.cityofmadison.com/finance/purchasing
(See “Prevailing Wage Rates.”).
24. Indemnification. The Contractor shall be liable to and hereby agrees to indemnify, defend and hold harmless the City of Madison,
and its officers, officials, agents, and employees against all loss or expense (including liability costs and attorney's fees) by
reason of any claim or suit, or of liability imposed by law upon the City or its officers, officials, agents or employees for damages
because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons or on account of
damages to property, including loss of use thereof, arising from, in connection with, caused by or resulting from the acts or
omissions of Contractor and any of Contractor’s subcontractors in the performance of this agreement, whether caused by or
contributed to by the negligence of the City or its officers, officials, agents or employees.
25. Insurance.
The Contractor will insure, and will require each subcontractor to insure, as indicated, against the following risks to the extent stated below.
The Contractor shall not commence work under this Contract, nor shall the Contractor allow any Subcontractor to commence work on its
Subcontract, until the insurance required below has been obtained and corresponding certificate(s) of insurance have been approved by
the City Risk Manager.
a. Commercial General Liability - The Contractor shall procure and maintain during the life of this contract, Commercial General Liability
insurance including, but not limited to, products and completed operations, bodily injury, property damage, personal injury, and
products and completed operations (unless determined to be inapplicable by the Risk Manager) in an amount not less than
$1,000,000 per occurrence. This policy shall also provide contractual liability in the same amount. Contractor’s coverage shall be
primary and list the City of Madison, its officers, officials, agents and employees as additional insureds. Contractor shall require all
subcontractors under this Contract (if any) to procure and maintain insurance meeting the above criteria, applying on a primary basis
and listing the City of Madison, its officers, officials, agents and employees as additional insureds.
b. Automobile Liability - The Contractor shall procure and maintain during the life of this contract Business Automobile Liability insurance
covering owned, non-owned and hired automobiles with limits of not less than $1,000,000 combined single limit per accident.
Contractor shall require all subcontractors under this Contract (if any) to procure and maintain insurance covering each subcontractor
and meeting the above criteria.
c. Worker’s Compensation - The Contractor shall procure and maintain during the life of this contract statutory Workers’ Compensation
insurance as required by the State of Wisconsin. The Contractor shall also carry Employers Liability limits of at least $100,000 Each
Accident, $100,000 Disease – Each Employee, and $500,000 Disease – Policy Limit. Contractor shall require all subcontractors under
this Contract (if any) to procure and maintain such insurance, covering each subcontractor.
d. Professional Liability - The Contractor shall procure and maintain professional liability insurance with coverage of not less than
$1,000,000. If such policy is a “claims made” policy, all renewals thereof during the life of the contract shall include “prior acts
coverage” covering at all times all claims made with respect to Contractor’s work performed under the contract. This Professional
Liability coverage must be kept in force for a period of six (6) years after the services have been accepted by the City.
e. Acceptability of Insurers - The above-required insurance is to be placed with insurers who have an A.M. Best rating of no less than A(A minus) and a Financial Category rating of no less than VII.
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f.
Proof of Insurance, Approval. The Contractor shall provide the City with certificate(s) of insurance showing the type, amount, effective
dates, and expiration dates of required policies prior to commencing work under this Contract. Contractor shall provide the
certificate(s) to the City’s representative upon execution of the Contract, or sooner, for approval by the City Risk Manager. If any of
the policies required above expire while this Contract is in effect, Contractor shall provide renewal certificate(s) to the City for
approval. Certificate Holder language should be listed as follows:
City of Madison
ATTN: Risk Management, Room 406
210 Martin Luther King, Jr. Blvd.
Madison, WI 53703
The Contractor shall provide copies of additional insured endorsements or insurance policies, if requested by the City Risk
Manager. The Contractor and/or Insurer shall give the City thirty (30) days advance written notice of cancellation, non-renewal or
material changes to any of the above-required policies during the term of this Contract.
26. Work Site Damages. Any damage, including damage to finished surfaces, resulting from the performance of this contract shall be repaired
to the Owner’s satisfaction at the Contractor’s expense.
27. Compliance.
a. Regulations. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any
public authority bearing on the performance of the work.
b. Licensing and Permits. The Contractor selected under this bid shall be required to demonstrate valid possession of appropriate
required licenses and will keep them in effect for the term of this contract. The Contractor shall also be required, when appropriate,
to obtain the necessary building permits prior to performing work on City facilities.
28. Warranty of Materials and Workmanship.
a. The Contractor warrants that, unless otherwise specified, all materials and equipment incorporated in the work under the Contract
shall be new, first class, and in accordance with the Contract Documents. The Contractor further warrants that all workmanship shall
be first class and in accordance with the Contract Documents and shall be performed by persons qualified in their respective trades.
b. Work not conforming to these warranties shall be considered defective.
c. This warranty of materials and workmanship is separate and independent from and in addition to any other guarantees in this
Contract.
29. Replacement of Defective Work or Materials. Any work or material found to be in any way defective or unsatisfactory shall be corrected or
replaced by the Contractor at its own expense at the order of the City notwithstanding that it may have been previously overlooked or
passed by an inspector. Inspection shall not relieve the Contractor of its obligations to furnish materials and workmanship in accordance
with this contract and its specifications.
30. Reservation of the Right to Inspect Work. At any time during normal business hours and as often as the City may deem necessary, the
Contractor shall permit the authorized representatives of the City to review and inspect all materials and workmanship at any time during
the duration of this contract, provided, however, the City is under no duty to make such inspections, and any inspection so made shall not
relieve the Contractor from any obligation to furnish materials and workmanship strictly in accordance with the instructions, contract
requirements and specifications.
31. Sweatfree Procurement of Items of Apparel. If this bid results in the procurement of $5,000 or more in garments or items of clothing, any
part of which is a textile, or any shoes/ footwear, then Madison General Ordinances, Sec. 4.25 “Procurement of Items of Apparel”, is
hereby incorporated by reference and made part of this contract. See MGO 4.25(2) for applicability specifics. The contractor shall follow
labor practices consistent with international standards of human rights, meaning that, at a minimum, contractor shall adhere to the
minimum employment standards found in Section 4.25 and shall require all subcontractors and third-party suppliers to do the same. For
purposes of sec. 4.25, "Subcontractor" means a person, partnership, corporation or other entity that enters into a contract with the
contractor for performance of some or all of the City-contracted work and includes all third-party suppliers or producers from whom the
contractor or its contractors obtains or sources goods, parts or supplies for use on the city contract and is intended to include suppliers at
all level of the supply chain. The standards in Sec. 4.25 shall apply in all aspects of the contractor's and subcontractor's operations,
including but not limited to, manufacture, assembly, finishing, laundering or dry cleaning, (where applicable), warehouse distribution, and
delivery. Contractor acknowledges that by entering into this contract, Contractor shall be subject to all of the requirements and sanctions of
sec. 4.25 of the Madison General Ordinances.
The sanctions for violating Sec. 4.25 under an existing contract are as follows:
a. Withholding of payments under an existing contract.
b. Liquidated damages. The contractor may be charged liquidated damages on an existing contract of two thousand dollars ($2,000) per
violation, or an amount equaling twenty percent (20%) of the value of the apparel, garments or corresponding accessories,
equipment, materials, or supplies that the City demonstrates were produced in violation of the contract and/or this ordinance per
violation; whichever is greater.
c. Termination, suspension or cancellation of a contract in whole or in part.
d. Nonrenewal when a contract calls for optional renewals.
e. Nonrenewal for lack of progress or impossible compliance. The City reserves the right to refuse to renew the contract that calls for
optional renewals, when the contractor cannot comply with the minimum standard under (4)(b) and the noncompliance is taking place
in a country where:
(1) Progress toward implementation of the standards in this Ordinance is no longer being made; and
(2) Compliance with the employment standards in the Ordinance is deemed impossible by the City and/or any independent
monitoring agency acting on behalf of the City. Such determination shall be made in the sole opinion of the City and may be
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f.
based upon examination of reports from governmental, human rights, labor and business organizations and after consultation
with the relevant contractors and sub-contractors and any other evidence the City deems reliable.
Disqualification of the contractor from bidding or submitting proposals on future City contracts, or from eligibility for future city
procurements as defined in sub. (2), whether or not formal bidding or requests for proposals are used, for a period of one (1) year
after the first violation is found and for a period of three (3) years after a second or subsequent violation is found. The disqualification
shall apply to the contractor who committed the violation(s) whether that be under the same corporate name, or as an individual, or
under the name of another corporation or business entity of which he or she is a member, partner, officer, or agent.
The exercise by the City of any or all of the above remedies, or failure to so exercise, shall not be construed to limit other
remedies available to the City under this Contract nor to any other remedies available at equity or at law.
32. Local Purchasing. The City of Madison has adopted a local preference purchasing policy granting a 5 percent request for proposal and 1
percent request for bid scoring preference to local vendors.
To facilitate the identification of local suppliers, the City has provided an on-line website as an opportunity for suppliers to voluntarily
identify themselves as local, and to assist City staff with their buying decisions. Proposers seeking to obtain local preference are required
to register on the City of Madison online registration website. Only vendors registered as of the bid due date will receive preference.
Additional information is available at: www.cityofmadison.com/business/localPurchasing.
33. Equal Benefits Requirement. (Sec. 39.07, MGO)
This provision applies to service contracts of more than $25,000 executed, extended, or renewed by the City on July 1, 2012 or later,
unless exempt by Sec. 39.07 of the Madison General Ordinances (MGO).
For the duration of this Contract, the Contractor agrees to offer and provide benefits to employees with domestic partners that are
equal to the benefits offered and provided to married employees with spouses, and to comply with all provisions of Sec. 39.07, MGO. If a
benefit would be available to the spouse of a married employee, or to the employee based on his or her status as a spouse, the benefit
shall also be made available to a domestic partner of an employee, or to the employee based on his or her status as a domestic partner.
“Benefits” include any plan, program or policy provided or offered to employees as part of the employer’s total compensation package,
including but not limited to, bereavement leave, family medical leave, sick leave, health insurance or other health benefits, dental
insurance or other dental benefits, disability insurance, life insurance, membership or membership discounts, moving expenses, pension
and retirement benefits, and travel benefits.
Cash Equivalent. If after making a reasonable effort to provide an equal benefit for a domestic partner of an employee, the Contractor
is unable to provide the benefit, the Contractor shall provide the employee with the cash equivalent of the benefit.
Proof of Domestic Partner Status. The Contractor may require an employee to provide proof of domestic partnership status as a
prerequisite to providing the equal benefits. Any such requirement of proof shall comply with Sec. 39.07(4), MGO.
Notice Posting, Compliance. The Contractor shall post a notice informing all employees of the equal benefit requirements of this
Contract, the complaint procedure, and agrees to produce records upon request of the City, as required by Sec. 39.07, MGO.
Subcontractors (Service Contracts Only). Contractor shall require all subcontractors, the value of whose work is twenty-five thousand
dollars ($25,000) or more, to provide equal benefits in compliance with Sec. 39.07, MGO.
34. Weapons Prohibition. Contractor shall prohibit, and shall require its subcontractors to prohibit, its employees from carrying weapons,
including concealed weapons, in the course of performance of work under this Contract, other than while at the Contractor’s or
subcontractor’s own business premises. This requirement shall apply to vehicles used at any City work site and vehicles used to perform
any work under this Contract, except vehicles that are an employee’s “own motor vehicle” pursuant to Wis. Stat. sec. 175.60(15m). This
section does not apply to employees who are required to carry a weapon under the express terms of the Contract (such as armed security
guard services, etc.).
35. Software & Technology Purchases.
a. Software Licenses. All software license agreements shall include the City’s mandatory legal terms and conditions as determined by
the City Attorney. Please be advised that no City employee has the authority to bind the City by clicking on a End User License
Agreement (EULA) or any other click-through terms and conditions. All legal documents associated with the purchase or download of
software must be reviewed by the City Attorney and may only be signed by an individual authorized to do so.
b. Network Connection Policy. If this purchase includes software support, software maintenance, network services, and/or system
development services and will require a Network Connection the City Network (as defined in the following link), the City’s Network
Connection Policy found at this link: www.cityofmadison.com/attorney/documents/posNetworkConnection.doc is hereby incorporated
and made a part of the Contract and Contractor agrees to comply with all of its requirements.
36. Ban the Box - Arrest and Criminal Background Checks.
This provision applies to service contracts of more than $25,000 executed by the City on January 1, 2016 or later, unless exempt by
Sec. 39.08 of the Madison General Ordinances (MGO).
a. Definitions. For purposes of this requirement, “Arrest and Conviction Record” includes, but is not limited to, information indicating that
a person has been questioned, apprehended, taken into custody or detention, held for investigation, arrested, charged with, indicted
or tried for any felony, misdemeanor or other offense pursuant to any law enforcement or military authority.
“Conviction record” includes, but is not limited to, information indicating that a person has been convicted of a felony,
misdemeanor or other offense, placed on probation, fined, imprisoned or paroled pursuant to any law enforcement or military
authority.
“Background Check” means the process of checking an applicant’s arrest and conviction record, through any means.
b. Requirements. For the duration of any contract awarded under this RFP, the successful contractor shall:
(1) Remove from all job application forms any questions, check boxes, or other inquiries regarding an applicant’s arrest and
conviction record, as defined herein.
(2) Refrain from asking an applicant in any manner about their arrest or conviction record until after a conditional offer of
employment is made to the applicant in question.
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c.
(3) Refrain from conducting a formal or informal background check or making any other inquiry using any privately or publicly
available means of obtaining the arrest or conviction record of an applicant until after a conditional offer of employment is made
to the applicant in question.
(4) Make information about this ordinance available to applicants and existing employees, and post notices in prominent locations at
the workplace with information about the ordinance and complaint procedure, using language provided by the City.
(5) Comply with all other provisions of Sec. 39.08, MGO.
Exemptions: This section does not apply when:
(1) Hiring for a position where certain convictions or violations are a bar to employment in that position under applicable law, or
(2) Hiring a position for which information about criminal or arrest record, or a background check is required by law to be performed
at a time or in a manner that would otherwise be prohibited by this ordinance, including a licensed trade or profession where the
licensing authority explicitly authorizes or requires the inquiry in question.
To be exempt under sec. C.1. or 2. above, contractor must demonstrate to the City that there is a law or regulation that requires
the background check in question. If so, the contractor is exempt from this section for the position(s) in question.
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APPENDIX B
CONTRACT FOR PURCHASE OF SERVICES
between the City of Madison and Full Contractor Name
1.
PARTIES.
This is a Contract between the City of Madison, Wisconsin, hereafter referred to as the "City" and
"Contractor."
The Contractor is a:
(to be completed by contractor)
Corporation
Sole Proprietor
Limited Liability Company
Unincorporated Association
General Partnership
Other:
hereafter referred to as
LLP
2.
PURPOSE.
The purpose of this Contract is as set forth in Section 3.
3.
SCOPE OF SERVICES AND SCHEDULE OF PAYMENTS.
Contractor will perform the following services and be paid according to the following schedule(s) or attachment(s):
.
(Attach and label documents as necessary.)
4.
TERM AND EFFECTIVE DATE.
This Contract shall become effective upon execution by the Mayor, (or the Purchasing Agent, if authorized) on behalf of the City of
Madison, unless another effective date is specified in the Attachment(s) incorporated in Section 3, however in no case shall work
commence before execution by the City of Madison. The term of this Contract shall be insert dates or reference attachments as
needed.
5.
ENTIRE AGREEMENT.
This Contract for Purchase of Services, including any and all attachments, exhibits and other documents referenced in Section 3
(hereafter, “Agreement” or “Contract”) is the entire Agreement of the parties and supersedes any and all oral contracts and
negotiations between the parties.
6.
ASSIGNABILITY/SUBCONTRACTING.
Contractor shall not assign or subcontract any interest or obligation under this Contract without the City's prior written approval. All
of the services required hereunder will be performed by Contractor and employees of Contractor.
7.
DESIGNATED REPRESENTATIVE.
A.
Contractor designates
as Contract Agent with primary responsibility for the performance of this Contract. In case
this Contract Agent is replaced by another for any reason, the Contractor will designate another Contract Agent within
seven (7) calendar days of the time the first terminates his or her employment or responsibility using the procedure set
forth in Section 15, Notices.
B.
In the event of the death, disability, removal or resignation of the person designated above as the Contract agent, the City
may accept another person as the Contract agent or may terminate this Agreement under Section 25, at its option.
8.
PROSECUTION AND PROGRESS.
A.
Services under this Agreement shall commence upon written order from the City to the Contractor, which order will
constitute authorization to proceed; unless another date for commencement is specified elsewhere in this Contract
including documents incorporated in Section 3.
B.
The Contractor shall complete the services under this Agreement within the time for completion specified in Section 3, the
Scope of Services, including any amendments. The Contractor's services are completed when the City notifies the
Contractor in writing that the services are complete and are acceptable. The time for completion shall not be extended
because of any delay attributable to the Contractor, but it may be extended by the City in the event of a delay attributable
to the City, or in the event of unavoidable delay caused by war, insurrection, natural disaster, or other unexpected event
beyond the control of the Contractor. If at any time the Contractor believes that the time for completion of the work should
be extended because of unavoidable delay caused by an unexpected event, or because of a delay attributable to the City,
the Contractor shall notify the City as soon as possible, but not later than seven (7) calendar days after such an event.
Such notice shall include any justification for an extension of time and shall identify the amount of time claimed to be
necessary to complete the work.
C.
Services by the Contractor shall proceed continuously and expeditiously through completion of each phase of the work.
D.
Progress reports documenting the extent of completed services shall be prepared by the Contractor and submitted to the
City with each invoice under Section 24 of this Agreement, and at such other times as the City may specify, unless
another procedure is specified in Section 3.
E.
The Contractor shall notify the City in writing when the Contractor has determined that the services under this Agreement
have been completed. When the City determines that the services are complete and are acceptable, the City will provide
written notification to the Contractor, acknowledging formal acceptance of the completed services.
9.
AMENDMENT.
This Contract shall be binding on the parties hereto, their respective heirs, devisees, and successors, and cannot be varied or
waived by any oral representations or promise of any agent or other person of the parties hereto. Any other change in any provision
of this Contract may only be made by a written amendment, signed by the duly authorized agent or agents who executed this
Contract.
10.
EXTRA SERVICES.
The City may require the Contractor to perform extra services or decreased services, according to the procedure set forth in Section
24. Extra services or decreased services means services which are not different in kind or nature from the services called for in the
Scope of Services, Section 3, but which may increase or decrease the quantity and kind of labor or materials or expense of
performing the services. Extra services may not increase the total Contract price, as set forth in Section 23, unless the Contract is
amended as provided in Section 9 above.
11.
NO WAIVER.
No failure to exercise, and no delay in exercising, any right, power or remedy hereunder on the part of the City or Contractor shall
operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy preclude any other or further
exercise thereof or the exercise of any other right, power or remedy. No express waiver shall affect any event or default other than
the event or default specified in such waiver, and any such waiver, to be effective, must be in writing and shall be operative only for
the time and to the extent expressly provided by the City or Contractor therein. A waiver of any covenant, term or condition
contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition.
12.
NON-DISCRIMINATION.
In the performance of work under this Contract, the Contractor agrees not to discriminate against any employee or applicant for
employment because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or source of
income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, gender identity,
political beliefs or student status. Contractor further agrees not to discriminate against any subcontractor or person who offers to
subcontract on this Contract because of race, religion, color, age, disability, sex, sexual orientation, gender identity or national
origin.
13.
AFFIRMATIVE ACTION.
A.
The following language applies to all contractors employing fifteen (15) or more employees (MGO 39.02(9)(c):
The Contractor agrees that, within thirty (30) days after the effective date of this Contract, Contractor will provide to the City of
Madison Department of Civil Rights (the “Department”), certain workforce utilization statistics, using a form provided by the City.
If the Contract is still in effect, or if the City enters into a new Agreement with the Contractor, within one year after the date on which
the form was required to be provided, the Contractor will provide updated workforce information using a second form, also to be
furnished by the City. The second form will be submitted to the Department no later than one year after the date on which the first
form was required to be provided.
The Contractor further agrees that, for at least twelve (12) months after the effective date of this Contract, it will notify the
Department of each of its job openings at facilities in Dane County for which applicants not already employees of the Contractor are
to be considered. The notice will include a job description, classification, qualifications, and application procedures and deadlines,
shall be provided to the City by the opening date of advertisement and with sufficient time for the City to notify candidates and make
a timely referral. The Contractor agrees to interview and consider candidates referred by the Department if the candidate meets the
minimum qualification standards established by the Contractor, and if the referral is timely. A referral is timely if it is received by the
Contractor on or before the date stated in the notice.
The Department will determine if a contractor is exempt from the above requirements (Sec. 13.A.) at the time the Request for
Exemption in 13.B.(2) is made.
B.
Articles of Agreement, Request for Exemption, and Release of Payment:
The “ARTICLES OF AGREEMENT” beginning on the following page, apply to all contractors, unless determined
to be exempt under the following table and procedures:
NUMBER OF EMPLOYEES
LESS THAN $25,000
Aggregate Annual Business with the City*
$25,000 OR MORE
Aggregate Annual Business with the City*
14 or less
Exempt**
Exempt**
15 or more
Exempt**
*As determined by the Finance Director
Not Exempt
**As determined by the Department of Civil Rights
(1)
Exempt Status: In this section, “Exempt” means the Contractor is exempt from the Articles of Agreement in
section 13.B.(5) of this Contract and from filing an Affirmative Action plan as required by Section IV of the Articles of
Agreement. The Department of Civil Rights (“Department”) makes the final determination as to whether a contractor is
exempt. If the Contractor is not exempt, sec. 13.B.(5) shall apply and Contractor shall select option A. or B. under
Article IV therein and file an Affirmative Action Plan.
(2)
Request for Exemption – Fewer Than 15 Employees: (MGO 39.02(9)(a)2.) Contractors who believe they are
exempt based on number of employees shall submit a Request for Exemption on a form provided by the Department
within thirty (30) days of the effective date of this Contract.
(3)
Exemption – Annual Aggregate Business: (MGO 39.02(9)(a)c.): The Department will determine, at the time this
Contract is presented for signature, if the Contractor is exempt because it will have less than $25,000 in annual aggregate
business with the City in the calendar year. CONTRACTORS WITH 15 OR MORE EMPLOYEES WILL LOSE THIS
EXEMPTION AND BECOME SUBJECT TO SEC. 13.B.(5) UPON REACHING $25,000 OR MORE ANNUAL
AGGREGATE BUSINESS WITH THE CITY WITHIN THE CALENDAR YEAR.
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Release of Payment: (MGO 39.02(9)(e)1.b.) All non-exempt contractors must have an approved Affirmative
(4)
Action plan meeting the requirements of Article IV below on file with the Department within thirty (30) days of the effective
date of this Contract and prior to release of payment by the City. Contractors that are exempt based on number of
employees agree to file a Request for Exemption with the Department within thirty (30) days of the effective date and prior
to release of payment by the City.
(5)
Articles of Agreement:
ARTICLE I
The Contractor shall take affirmative action in accordance with the provisions of this Contract to insure that applicants are employed,
and that employees are treated during employment without regard to race, religion, color, age, marital status, disability, sex, sexual
orientation, gender identity or national origin and that the employer shall provide harassment-free work environment for the realization
of the potential of each employee. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for
training including apprenticeship insofar as it is within the control of the Contractor. The Contractor agrees to post in conspicuous
places available to employees and applicants notices to be provided by the City setting out the provisions of the nondiscrimination
clauses in this Contract.
ARTICLE II
The Contractor shall in all solicitations or advertisements for employees placed by or on behalf of the Contractors state that all qualified
or qualifiable applicants will be employed without regard to race, religion, color, age, marital status, disability, sex, sexual orientation,
gender identity or national origin.
ARTICLE III
The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining Agreement or other
Contract or understanding a notice to be provided by the City advising the labor union or workers representative of the Contractor's
equal employment opportunity and affirmative action commitments. Such notices shall be posted in conspicuous places available to
employees and applicants for employment.
ARTICLE IV
(This Article applies to non-public works contracts.)
The Contractor agrees that it will comply with all provisions of the Affirmative Action Ordinance of the City of Madison (MGO 39.02)
including the Contract compliance requirements. The Contractor warrants and certifies that one of the following paragraphs is true
(check one):
A.
B.
C.
D.
Contractor has prepared and has on file an affirmative action plan that meets the format requirements of Federal Revised Order
No, 4, 41 CFR part 60-2, as established by 43 FR 51400 November 3, 1978, including appendices required by City of Madison
ordinances or it has prepared and has on file a model affirmative action plan approved by the Madison Common Council.
Within thirty (30) days after the effective date of this Contract, Contractor will complete an affirmative action plan that meets the
format requirements of Federal Revised Order No. 4, 41 CFR Part 60-2, as established by 43 FR 51400, November 3, 1978,
including appendices required by City of Madison ordinance or within thirty (30) days after the effective date of this Contract, it
will complete a model affirmative action plan approved by the Madison Common Council.
Contractor believes it is exempt from filing an affirmative action plan because it has fewer than fifteen (15) employees and has
filed, or will file within thirty (30) days after the effective date of this Contract, a form required by the City to confirm exempt status
based on number of employees. If the City determines that Contractor is not exempt, the Articles of Agreement will apply.
Contractor believes it is exempt from filing an affirmative action plan because its annual aggregate business with the City for the
calendar year in which the contract takes effect is less than twenty-five thousand dollars ($25,000), or for another reason listed in
MGO 39.02(9)(a)2. If the City determines that Contractor is not exempt, the Articles of Agreement will apply.
ARTICLE V
(This Article applies only to public works contracts.)
The Contractor agrees that it will comply with all provisions of the Affirmative Action Ordinance of the City of Madison, including the
Contract compliance requirements. The Contractor agrees to submit the model affirmative action plan for public works Contractors in a
form approved by the Director of Affirmative Action.
ARTICLE VI
The Contractor will maintain records as required by Section 39.02(9)(f) of the Madison General Ordinances and will provide the City's
Department of Affirmative Action with access to such records and to persons who have relevant and necessary information, as provided
in Section 39.02(9)(f). The City agrees to keep all such records confidential, except to the extent that public inspection is required by
law.
ARTICLE VII
In the event of the Contractor's or subcontractor's failure to comply with the Equal Employment Opportunity and Affirmative Action
provisions of this Contract or Sections 39.03 and 39.02 of the Madison General Ordinances, it is agreed that the City at its option may
do any or all of the following:
A.
B.
C.
Cancel, terminate or suspend this Contract in whole or in part.
Declare the Contractor ineligible for further City contracts until the Affirmative Action requirements are met.
Recover on behalf of the City from the prime Contractor 0.5 percent of the Contract award price for each week that such party
fails or refuses to comply, in the nature of liquidated damages, but not to exceed a total of five percent (5%) of the Contract price,
or five thousand dollars ($5,000), whichever is less. Under public works contracts, if a subcontractor is in noncompliance, the
City may recover liquidated damages from the prime Contractor in the manner described above. The preceding sentence shall
not be construed to prohibit a prime Contractor from recovering the amount of such damage from the noncomplying
subcontractor.
ARTICLE VIII
(This Article applies to public works contracts only.)
The Contractor shall include the above provisions of this Contract in every subcontract so that such provisions will be binding upon
each subcontractor. The Contractor shall take such action with respect to any subcontractor as necessary to enforce such provisions,
including sanctions provided for noncompliance.
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ARTICLE IX
The Contractor shall allow the maximum feasible opportunity to small business enterprises to compete for any subcontracts entered
into pursuant to this Contract. (In federally funded contracts the terms "DBE, MBE, and WBE" shall be substituted for the term "small
business" in this Article.)
14.
SEVERABILITY.
It is mutually agreed that in case any provision of this Contract is determined by any court of law to be unconstitutional, illegal or
unenforceable, it is the intention of the parties that all other provisions of this Contract remain in full force and effect.
15.
NOTICES.
All notices to be given under the terms of this Contract shall be in writing and signed by the person serving the notice and shall be
sent registered or certified mail, return receipt requested, postage prepaid, or hand delivered to the addresses of the parties listed
below:
FOR THE CITY:
(Department or Division Head)
FOR THE CONTRACTOR:
16.
STATUS OF CONTRACTOR/INDEPENDENT/TAX FILING.
It is agreed that Contractor is an independent Contractor and not an employee of the City, and that any persons who the Contractor
utilizes and provides for services under this Contract are employees of the Contractor and are not employees of the City of Madison.
Contractor shall provide its taxpayer identification number (or social security number) to the Finance Director, 210 Martin
Luther King Jr. Blvd, Room 406, Madison, WI 53703, prior to payment. The Contractor is informed that as an independent
Contractor, s/he may have a responsibility to make estimated tax returns, file tax returns, and pay income taxes and make social
security payments on the amounts received under this Contract and that no amounts will be withheld from payments made to this
Contractor for these purposes and that payment of taxes and making social security payments are solely the responsibility and
obligation of the Contractor. The Contractor is further informed that s/he may be subject to civil and/or criminal penalties if s/he fails
to properly report income and pay taxes and social security taxes on the amount received under this Contract.
17.
GOODWILL.
Any and all goodwill arising out of this Contract inures solely to the benefit of the City; Contractor waives all claims to benefit of such
goodwill.
18.
THIRD PARTY RIGHTS.
This Contract is intended to be solely between the parties hereto. No part of this Contract shall be construed to add, supplement,
amend, abridge or repeal existing rights, benefits or privileges of any third party or parties, including but not limited to employees of
either of the parties.
19.
AUDIT AND RETAINING OF DOCUMENTS.
The Contractor agrees to provide all reports requested by the City including, but not limited to, financial statements and reports,
reports and accounting of services rendered, and any other reports or documents requested. Financial and service reports shall be
provided according to a schedule (when applicable) to be included in this Contract. Any other reports or documents shall be
provided within five (5) working days after the Contractor receives the City's written requests, unless the parties agree in writing on a
longer period. Payroll records and any other documents relating to the performance of services under the terms of this Contract
shall be retained by the Contractor for a period of three (3) years after completion of all work under this Contract, in order to be
available for audit by the City or its designee.
20.
CHOICE OF LAW AND FORUM SELECTION.
This Contract shall be governed by and construed, interpreted and enforced in accordance with the laws of the State of Wisconsin.
The parties agree, for any claim or suit or other dispute relating to this Contract that cannot be mutually resolved, the venue shall be
a court of competent jurisdiction within the State of Wisconsin and the parties agree to submit themselves to the jurisdiction of said
court, to the exclusion of any other judicial district that may have jurisdiction over such a dispute according to any law.
21.
COMPLIANCE WITH APPLICABLE LAWS.
The Contractor shall become familiar with, and shall at all times comply with and observe all federal, state, and local laws,
ordinances, and regulations which in any manner affect the services or conduct of the Contractor and its agents and employees.
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22.
CONFLICT OF INTEREST.
A.
The Contractor warrants that it and its agents and employees have no public or private interest, and will not acquire
directly or indirectly any such interest, which would conflict in any manner with the performance of the services under this
Agreement.
B.
The Contractor shall not employ or Contract with any person currently employed by the City for any services included
under the provisions of this Agreement.
23.
COMPENSATION.
It is expressly understood and agreed that in no event will the total compensation for services under this Contract exceed $
.
24.
BASIS FOR PAYMENT.
A.
GENERAL.
(1)
The City will pay the Contractor for the completed and accepted services rendered under this Contract on the
basis and at the Contract price set forth in Section 23 of this Contract. The City will pay the Contractor for
completed and approved "extra services", if any, if such "extra services" are authorized according to the
procedure established in this section. The rate of payment for "extra services" shall be the rate established in
this Contract. Such payment shall be full compensation for services rendered and for all labor, material,
supplies, equipment and incidentals necessary to complete the services.
(2)
The Contractor shall submit invoices, on the form or format approved by the City, specified in the Scope of
Services, Section 3 of this Contract. The City will pay the Contractor in accordance with the schedule set forth in
the Scope of Services. The final invoice shall be submitted to the City within three months of completion of
services under this Agreement.
(3)
Should this Agreement contain more than one service, a separate invoice and a separate final statement shall
be submitted for each individual service.
(4)
Payment shall not be construed as City acceptance of unsatisfactory or defective services or improper
materials.
(5)
Final payment of any balance due the Contractor will be made upon acceptance by the City of the services
under the Agreement and upon receipt by the City of documents required to be returned or to be furnished by
the Contractor under this Agreement.
(6)
The City has the equitable right to set off against any sum due and payable to the Contractor under this
Agreement, any amount the City determines the Contractor owes the City, whether arising under this
Agreement or under any other Agreement or otherwise.
(7)
Compensation in excess of the total Contract price will not be allowed unless authorized by an amendment
under Section 9, AMENDMENT.
(8)
The City will not compensate for unsatisfactory performance by the Contractor.
B.
SERVICE ORDERS, EXTRA SERVICE, OR DECREASED SERVICE.
(1)
Written orders regarding the services, including extra services or decreased services, will be given by the City,
using the procedure set forth in Section 15, NOTICES.
(2)
The City may, by written order, request extra services or decreased services, as defined in Section 10 of this
Contract. Unless the Contractor believes the extra services entitle it to extra compensation or additional time,
the Contractor shall proceed to furnish the necessary labor, materials, and professional services to complete
the services within the time limits specified in the Scope of Services, Section 3 of this Agreement, including any
amendments under Section 9 of this Agreement.
(3)
If in the Contractor's opinion the order for extra service would entitle it to extra compensation or extra time, or
both, the Contractor shall not proceed to carry out the extra service, but shall notify the City, pursuant to Section
15 of this Agreement. The notification shall include the justification for the claim for extra compensation or extra
time, or both, and the amount of additional fee or time requested.
(4)
The City shall review the Contractor's submittal and respond in writing, either authorizing the Contractor to
perform the extra service, or refusing to authorize it. The Contractor shall not receive additional compensation
or time unless the extra compensation is authorized by the City in writing.
25.
DEFAULT/TERMINATION.
A.
In the event Contractor shall default in any of the covenants, agreements, commitments, or conditions herein contained,
and any such default shall continue unremedied for a period of ten (10) days after written notice thereof to Contractor, the
City may, at its option and in addition to all other rights and remedies which it may have at law or in equity against
Contractor, including expressly the specific enforcement hereof, forthwith have the cumulative right to immediately
terminate this Contract and all rights of Contractor under this Contract.
B.
Notwithstanding paragraph A., above, the City may in its sole discretion and without any reason terminate this Agreement
at any time by furnishing the Contractor with ten (10) days' written notice of termination. In the event of termination under
this subsection, the City will pay for all work completed by the Contractor and accepted by the City.
26.
INDEMNIFICATION.
The Contractor shall be liable to and hereby agrees to indemnify, defend and hold harmless the City of Madison, and its officers,
officials, agents, and employees against all loss or expense (including liability costs and attorney's fees) by reason of any claim or
suit, or of liability imposed by law upon the City or its officers, officials, agents or employees for damages because of bodily injury,
including death at any time resulting therefrom, sustained by any person or persons or on account of damages to property, including
loss of use thereof, arising from, in connection with, caused by or resulting from the Contractor's and/or Subcontractor's acts or
omissions in the performance of this Agreement, whether caused by or contributed to by the negligence of the City, its officers,
officials, agents, or its employees.
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27.
INSURANCE.
The Contractor will insure, and will require each subcontractor to insure, as indicated, against the following risks to the extent stated
below. The Contractor shall not commence work under this Contract, nor shall the Contractor allow any Subcontractor to commence
work on its Subcontract, until the insurance required below has been obtained and corresponding certificate(s) of insurance have
been approved by the City Risk Manager.
Commercial General Liability
The Contractor shall procure and maintain during the life of this Contract, Commercial General Liability insurance including, but not
limited to bodily injury, property damage, personal injury, and products and completed operations (unless determined to be
inapplicable by the Risk Manager) in an amount not less than $1,000,000 per occurrence. This policy shall also provide contractual
liability in the same amount. Contractor’s coverage shall be primary and list the City of Madison, its officers, officials, agents and
employees as additional insureds. Contractor shall require all subcontractors under this Contract (if any) to procure and maintain
insurance meeting the above criteria, applying on a primary basis and listing the City of Madison, its officers, officials, agents and
employees as additional insureds.
Automobile Liability
The Contractor shall procure and maintain during the life of this Contract Business Automobile Liability insurance covering owned,
non-owned and hired automobiles with limits of not less than $1,000,000 combined single limit per accident. Contractor shall require
all subcontractors under this Contract (if any) to procure and maintain insurance covering each subcontractor and meeting the
above criteria.
Worker’s Compensation
The Contractor shall procure and maintain during the life of this Contract statutory Workers’ Compensation insurance as required by
the State of Wisconsin. The Contractor shall also carry Employers Liability limits of at least $100,000 Each Accident, $100,000
Disease – Each Employee, and $500,000 Disease – Policy Limit. Contractor shall require all subcontractors under this Contract (if
any) to procure and maintain such insurance, covering each subcontractor.
Professional Liability
The Contractor shall procure and maintain professional liability insurance with coverage of not less than $1,000,000. If such policy is
a “claims made” policy, all renewals thereof during the life of the Contract shall include “prior acts coverage” covering at all times all
claims made with respect to Contractor’s work performed under the Contract. This Professional Liability coverage must be kept in
force for a period of six (6) years after the services have been accepted by the City.
Acceptability of Insurers. The above-required insurance is to be placed with insurers who have an A.M. Best rating of no less than
A- (A minus) and a Financial Category rating of no less than VII.
Proof of Insurance, Approval. The Contractor shall provide the City with certificate(s) of insurance showing the type, amount,
effective dates, and expiration dates of required policies prior to commencing work under this Contract. Contractor shall provide the
certificate(s) to the City’s representative upon execution of the Contract, or sooner, for approval by the City Risk Manager. If any of
the policies required above expire while this Contract is still in effect, Contractor shall provide renewal certificate(s) to the City for
approval. Certificate Holder language should be listed as follows:
City of Madison
ATTN: Risk Management, Room 406
210 Martin Luther King, Jr. Blvd.
Madison, WI 53703
The Contractor shall provide copies of additional insured endorsements or insurance policies, if requested by the City Risk Manager.
The Contractor and/or Insurer shall give the City thirty (30) days advance written notice of cancellation, non-renewal or material
changes to any of the above-required policies during the term of this Contract.
28.
OWNERSHIP OF CONTRACT PRODUCT.
All of the work product, including, but not limited to, documents, materials, files, reports, data, including magnetic tapes, disks of
computer-aided designs or other electronically stored data or information (the "Documents"), which the Contractor prepares
pursuant to the terms and conditions of this Contract are the sole property of the City. The Contractor will not publish any such
materials or use them for any research or publication, other than as expressly required or permitted by this Contract, without the
prior written permission of the City. The grant or denial of such permission shall be at the City's sole discretion.
The Contractor intends that the copyright to the Documents shall be owned by City, whether as author (as a Work Made For Hire),
or by assignment from Contractor to City. The parties expressly agree that the Documents shall be considered a Work Made For
Hire as defined by Title 17, United States Code, Section 101(2).
As further consideration for the City entering into this Contract, the Contractor hereby assigns to City all of the Contractor's rights,
title, interest and ownership in the Documents, including the right to procure the copyright therein and the right to secure any
renewals, reissues and extensions of any such copyright in any foreign country. The City shall be entitled to the sole and exclusive
benefit of the Documents, including the copyright thereto, and whenever required by the City, the Contractor shall at no additional
compensation, execute all documents of assignment of the full and exclusive benefit and copyright thereof to the City. Any
subcontractors and other independent Contractors who prepare portions of the Documents shall be required by the Contractor to
execute an assignment of ownership in favor of the City before commencing work.
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29.
LIVING WAGE (Applicable to contracts exceeding $5,000).
Unless exempt by MGO 4.20, the Contractor agrees to pay all employees employed by the Contractor in the performance of this
Contract, whether on a full-time or part-time basis, a base wage of not less than the City minimum hourly wage as required by
Section 4.20, Madison General Ordinances.
30.
EQUAL BENEFITS REQUIREMENT (Sec. 39.07, MGO.) (Applicable to contracts exceeding $25,000).
This provision applies to service contracts of more than $25,000 executed, extended, or renewed by the City on July 1, 2012 or
later, unless exempt by Sec. 39.07 of the Madison General Ordinances (MGO).
For the duration of this Contract, the Contractor agrees to offer and provide benefits to employees with domestic partners that are
equal to the benefits offered and provided to married employees with spouses, and to comply with all provisions of Sec. 39.07,
MGO. If a benefit would be available to the spouse of a married employee, or to the employee based on his or her status as a
spouse, the benefit shall also be made available to a domestic partner of an employee, or to the employee based on his or her
status as a domestic partner. “Benefits” include any plan, program or policy provided or offered to employees as part of the
employer’s total compensation package, including but not limited to, bereavement leave, family medical leave, sick leave, health
insurance or other health benefits, dental insurance or other dental benefits, disability insurance, life insurance, membership or
membership discounts, moving expenses, pension and retirement benefits, and travel benefits.
Cash Equivalent. If after making a reasonable effort to provide an equal benefit for a domestic partner of an employee, the
Contractor is unable to provide the benefit, the Contractor shall provide the employee with the cash equivalent of the benefit.
Proof of Domestic Partner Status. The Contractor may require an employee to provide proof of domestic partnership status as a
prerequisite to providing the equal benefits. Any such requirement of proof shall comply with Sec. 39.07(4), MGO.
Notice Posting, Compliance. The Contractor shall post a notice informing all employees of the equal benefit requirements of this
Contract, the complaint procedure, and agrees to produce records upon request of the City, as required by Sec. 39.07, MGO.
Subcontractors (Service Contracts Only). Contractor shall require all subcontractors, the value of whose work is twenty-five
thousand dollars ($25,000) or more, to provide equal benefits in compliance with Sec. 39.07, MGO.
31.
BAN THE BOX - ARREST AND CRIMINAL BACKGROUND CHECKS. (Sec. 39.08, MGO. Applicable to contracts exceeding
$25,000.)
A.
DEFINITIONS.
For purposes of this section, “Arrest and Conviction Record” includes, but is not limited to, information indicating
that a person has been questioned, apprehended, taken into custody or detention, held for investigation, arrested,
charged with, indicted or tried for any felony, misdemeanor or other offense pursuant to any law enforcement or military
authority.
“Conviction record” includes, but is not limited to, information indicating that a person has been convicted of a
felony, misdemeanor or other offense, placed on probation, fined, imprisoned or paroled pursuant to any law enforcement
or military authority.
“Background Check” means the process of checking an applicant’s arrest and conviction record, through any
means.
B.
REQUIREMENTS. For the duration of this Contract, the Contractor shall:
(1)
Remove from all job application forms any questions, check boxes, or other inquiries regarding an applicant’s
arrest and conviction record, as defined herein.
(2)
Refrain from asking an applicant in any manner about their arrest or conviction record until after conditional
offer of employment is made to the applicant in question.
(3)
Refrain from conducting a formal or informal background check or making any other inquiry using any privately
or publicly available means of obtaining the arrest or conviction record of an applicant until after a conditional
offer of employment is made to the applicant in question.
(4)
Make information about this ordinance available to applicants and existing employees, and post notices in
prominent locations at the workplace with information about the ordinance and complaint procedure using
language provided by the City.
(5)
Comply with all other provisions of Sec. 39.08, MGO.
C.
EXEMPTIONS: This section does not apply when:
(1)
Hiring for a position where certain convictions or violations are a bar to employment in that position under
applicable law, or
(2)
Hiring a position for which information about criminal or arrest record, or a background check is required by law
to be performed at a time or in a manner that would otherwise be prohibited by this ordinance, including a
licensed trade or profession where the licensing authority explicitly authorizes or requires the inquiry in
question.
To be exempt under sec. C.(1) or (2) above, Contractor must demonstrate to the City that there is a law or regulation that
requires the hiring practice in question. If so, the contractor is exempt from this section for the position(s) in question.
32.
WEAPONS PROHIBITION.
Contractor shall prohibit, and shall require its subcontractors to prohibit, its employees from carrying weapons, including concealed
weapons, in the course of performance of work under this Contract, other than while at the Contractor’s or subcontractor’s own
business premises. This requirement shall apply to vehicles used at any City work site and vehicles used to perform any work under
this Contract, except vehicles that are an employee’s “own motor vehicle” pursuant to Wis. Stat. sec. 175.60(15m).
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33.
IT NETWORK CONNECTION POLICY.
If this Contract includes services such as software support, software maintenance, network services, and/or system development
services and will require a Network Connection the City Network (as defined in the following link), the City’s Network Connection
Policy found at this link: http://www.cityofmadison.com/attorney/documents/posNetworkConnection.doc is hereby incorporated and
made a part of this Contract and Contractor agrees to comply with all of its requirements.
34.
AUTHORITY.
Contractor represents that it has the authority to enter into this Contract. If the Contractor is not an individual, the person signing on
behalf of the Contractor represents and warrants that he or she has been duly authorized to bind the Contractor and sign this
Contract on the Contractor’s behalf.
35.
COUNTERPARTS, ELECTRONIC DELIVERY.
This Contract may be signed in counterparts, each of which shall be taken together as a whole to comprise a single document.
Signatures on this Contract may be exchanged between the parties by facsimile, electronic scanned copy (.pdf) or similar
technology and shall be as valid as original. Executed copies or counterparts of this Contract may be delivered by facsimile or email
and upon receipt will be deemed original and binding upon the parties hereto, whether or not a hard copy is also delivered. Copies
of this Contract, fully executed, shall be as valid as an original.
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IN WITNESS WHEREOF, the parties hereto have set their hands at Madison, Wisconsin.
CONTRACTOR
(Type or Print Name of Contracting Entity)
By:
(Signature)
(Print Name and Title of Person Signing)
Date:
CITY OF MADISON, WISCONSIN
a municipal corporation
By:
Paul R. Soglin, Mayor
Date:
Approved:
By:
David P. Schmiedicke, Finance Director
Maribeth Witzel-Behl, City Clerk
Date:
Date:
Approved as to Form:
Eric T. Veum, Risk Manager
Michael P. May, City Attorney
Date:
Date:
NOTE: Certain service contracts may be executed by the designee of the Finance Director on behalf of
the City of Madison:
By:
Kathryn L. Schwenn, CPA, Accountant 3
Designee of Finance Director
Date
MGO 4.26(3) and (5) authorize the Finance Director or designee to sign purchase of service contracts when all of the following apply:
(a)
(b)
(c)
(d)
(e)
The funds are included in the approved City budget.
An RFP or competitive process was used, or the Contract is exempt from competitive bidding under 4.26(4)(a).
The City Attorney has approved the form of the Contract.
The Contract complies with other laws, resolutions and ordinances.
The Contract is for a period of 1 year or less, OR not more than 3 years AND the average cost is not more than $50,000 per year, AND
was subject to competitive bidding. (If over $25,000 and exempt from bidding under 4.26(4)(a), regardless of duration of the Contract, the
Common Council must authorize the Contract by resolution and the Mayor and City Clerk must sign, per 4.26(5)(b).)
Emergency Service contracts may also be signed by the designee of the Finance Director if the requirements of MGO 4.26(3)(c) are met.
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