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Department of Personnel Department of Social Services Department of Treasury1.6 Ancillary Business Ho-Chunk Housing & Community Development First Nations Financial2.0 STATEMENT OF WORKRequest for Proposals (RFP) is a method of procurement permitting discussions with responsibleproposers and revisions to proposals prior to award of a contract. Proposals will be opened andevaluated in private. Award will be based on criteria set forth Herein.The purpose and objective of this Request for Proposal (RFP) is to obtain competitive proposalpackages from responsible, qualified proposers to create and write a Comprehensive EconomicDiversification Strategic Plan (CEDSP) which will enable the Ho-Chunk Nation (“HCN”) toensure the development of innovative economic projects with implementation strategies topromote and support the growth, expansion, and retention of businesses throughout the territoriesof the HCN and neighboring communities.The Ho-Chunk Nation intends to retain a qualified and committed professional firm orindividual(s) experienced in Tribal economic development strategic planning. The Ho-ChunkNation intends to integrate feedback from planning sessions, surveys and input.3.0 SCOPE OF WORKINTRODUCTIONThe Ho-Chunk Nation is one of the largest employers throughout the State of Wisconsin withthe two (2) largest operations in the counties of Jackson and Sauk. Due to the coronaviruspandemic, the Ho-Chunk Nation was forced to close the doors to the bingo halls, hotels, andother hospitality-based enterprises in March of 2020. Essential staff was approved at theconvenience stores/gas stations to maintain minimal operations. Other areas in reduction ofworkforce occurred within the Nation’s governmental programs and services. In 2019, the fulltime employee count in both government and business categories were 1,136 Ho-Chunkmember employees and 1801 non-Ho-Chunk member employees. Nearly 53% of the HoChunk member workforce were laid off and an estimated 82% of the non-Ho-Chunk workforcewere laid off.The Ho-Chunk Nation reopened the doors to the casinos in May of 2020. The HCN compliedwith the Centers for Disease Control and Prevention (CDC) by limiting the number of guestsand by limiting the number of player availability. Wearing masks was made a requirement forall employees and guests, washing hands, hand sanitizer kiosks were made available throughoutthe enterprises and government offices, and a minimum of six (6) feet of social distancing.With the implementation of the CDC guidelines, 246 Ho-Chunk members were called back towork and 806 non-Ho-Chunk employees were restored into their positions within thegovernment and business operations. The current employee count is 1,914 in both business andgovernment sectors. An approximate number of 1,023 of former Ho-Chunk Nation employees9

have not been reinstated to their former positions.The primary focus for the CEDSP are two (2) counties, Jackson and Sauk in Wisconsin. Thesecondary focus of the strategic plan will be the counties of Wood, Shawano, Dane, Monroeand Rock. A tertiary focus will include limited areas in northern Illinois. The Ho-ChunkNation’s goals are to increase not only the Nation’s economy but also the economy in thosecounties through job creation as well as boosting the economy in or near the localmunicipalities.The Ho-Chunk Nation is seeking a qualified firm or company to develop a ComprehensiveEconomic Diversification Strategic Plan. These statements describe the overall objectives ofthis project and should not be confused with the required response to this Request for Proposals(“RFP”) in terms of proposal format and content. Your proposal should cover your suggestedapproach to accomplishing each of these objectives, together with your itemized cost estimatesfor doing so.OBJECTIVES1.By project end, completed Comprehensive Economic Diversification Strategy Plan (six (6)hard copies and one (1) digital in searchable PDF format) will be due twelve (12) monthsafter project start, unless an alternate schedule is mutually agreed upon in writing.2.Monthly progress review meetings/conference calls between consultant and the Ho-ChunkNation Legislature for questions/answers and discussion of progress toward thedevelopment of strategies and final report. On-site visits will be limited; however, at leastthree (3) site visits from project start to project end may be required.3.Identify innovative economic projects that support the growth, expansion and retention ofbusinesses throughout the reservation territories and neighboring municipalities andcommunities.4.Assessment of the Ho-Chunk Nation’s current assets which may include but are not limitedto facilities, land/property, financial capability, workforce, equipment, and currentinvestments, and those resources that are available and present in the counties of Jackson,Sauk, Shawano, Dane, Wood, and Shawano, and the city of Beloit, Wisconsin, RockCounty, to determine viable business ventures for the Ho-Chunk Nation. The end productwill be a comprehensive economic diversification strategic plan for the Ho-Chunk Nationto participate in to restructure its economic fundamentals away from casino-dependentrevenue streams.5.Working document drafts as project sections are completed which will allow the Ho-ChunkNation Legislature to review and submit suggestions as the plan progresses to completion.At the discretion of the Ho-Chunk Nation, additional services to further develop and design themodel may be extended to the consultant by means of the executed contract.10

4.0 TERMS AND CONDITIONS4.1 Receipt and HandlingAt time of receipt at the Ho-Chunk Nation’s Procurement Division, all proposals will be stampedshowing date and time of delivery. Late proposals or proposals received after the specified timeand date will not be considered and will be rejected and returned to the vendor at vendor’s expense,unopened.Proposals must be submitted with one (1) original and six (6) copies.SEALED PROPOSAL ENVELOPES ARE TO BE CLEARLY MARKED WITH THEPROPOSAL TITLE, PROPOSAL NUMBER, TIME AND DATE OF OPENING. Anyproposals received after the due date and time (late proposals) will not be considered and will bereturned unopened to the Proposer.4.2 Evaluation of ProposalThe proposals submitted by proposers shall be evaluated solely in accordance with the criteria setforth in the RFP. Proposals shall be opened in private by the Evaluation Committee to avoiddisclosure of contents to competing proposers4.3 Proposal GuaranteeThis proposal shall be firm for at least 120 days after the latest time specified for submission ofproposals and thereafter unless written notice is received from the Proposer.4.4 SubstitutionsNO substitutions, additions, or cancellations are permitted unless all such requests are submittedin writing and approved by the Ho-Chunk Nation. Requests for substitutions will be reviewed bythe Ho-Chunk Nation and approval may be given by the Ho-Chunk Nation at its sole discretion.4.5 Discussion of ProposalThe Evaluation Committee may conduct discussions with any proposer who submits an acceptableor potentially acceptable proposal. Proposers shall be accorded fair and equal treatment withrespect to any opportunity for discussion and revision of proposals. During the course of suchdiscussions, the Evaluation Committee shall not disclose any information derived from oneproposal to any other proposer.4.6 NegotiationsThe Ho-Chunk Nation reserves the right to negotiate specifications, terms, and conditions, whichmay be necessary or appropriate to the accomplishment of the purpose of this RFP. The Nationmay require the RFP and the proposer’s proposal be incorporated in full or in part as ContractDocuments. This implies that this RFP and all responses, supplemental information, and othersubmissions provided by the proposer during discussions or negotiations may be held by the HoChunk Nation as contractually binding on the successful Proposer.4.7 Notice of Unacceptable Proposals11

When the Evaluation Committee determines a proposer’s proposal to be unacceptable, suchproposer shall not be afforded an additional opportunity to supplement its proposal.4.8 Reserved RightsThe Ho-Chunk Nation reserves the right at any time and for any reason to cancel this Request forProposal, to reject any or all proposals, or contract as the best interests of the Nation requirements.The Nation reserves the right to waive any immaterial defect in any proposal. Unless otherwisespecified by the proposer, the Nation has no less than on hundred and twenty (120) days toaccept. The Nation may seek clarification from a proposer at any time and failure to respondpromptly is cause for rejection. The Nation may require submission of best and final offers.4.9 Incurred CostThe cost for developing the proposal is the sole responsibility of the proposer. Ho-Chunk Nationwill not provide reimbursement for such costs.4.10 AwardAward shall be made by the Ho-Chunk Nation to the most responsive and responsible proposerwhose proposal is determined to be the most advantageous to the Nation, taking into considerationprice and the evaluation criteria set forth herein below.4.11 Criteria for SelectionThe following criteria and point system shall be used by the evaluation team to determine the firmor individual(s) most qualified and best suited to perform the work.1. Qualification and Experience (50 points)Proposer’s capability in all respects to perform fully the contract requirements. This includesthe proposer’s experience in providing requested services. Minimum qualifications include:a. The firm shall be independent of the Nationb. The firm shall have the experience necessary to provide the requested services.2. Approach and Timing (20 points)This refers to the suitability of the specific approach and the timing of the engagement,which are described in the Specifications section below.3. References (10 points)The proposer shall describe its prior experience in the requested services including thenames, addresses, telephone numbers and contact person of at least 3 prior organizations.Please note any clients that are tribal governments, enterprises, or corporations.4. Cost (10 points)This refers to the proposed price for the services listed in the RFP.5. Compliance with RFP (10 points)This refers to the adherence to all conditions and requirements of the RFP.12

Total 100 points4.12 OSHA RequirementsThe Occupational Safety and Health Act of 1970 (OSHA) and the Ho-Chunk Nation’sOccupational Safety and Health Program Act of 2002, 6 HCC §8 “guarantees workers the right toa safe and healthful workplace”. Under Section5 (a) (1) of the OSHA Act, the employer must“furnish to each of his employees’ employment and a place of employment which are free fromrecognized hazards that are causing or likely to cause death or serious physical harm to hisemployees.”There are times when the Ho-Chunk Nation must hire entities and individuals (contractors) toperform services. To this end, contractors hired by the Ho-Chunk Nation must perform their dutiesin a manner that is compliant with all state, federal, and tribal health and safety laws and industryguidelines. It is the responsibility of the contractor to ensure that their personnel and subcontractorscomply with all state, federal, and tribal health and safety laws and regulation and industryguidelines, including, but not limited to those set forth by: OSHA and related regulations, theSafety Inspection and Education Act, the Health and Safety Act, the National Institute ofOccupational Safety and Health, the National Fire Protection Association, the Centers for DiseaseControl, American Industrial Hygiene Association, the American Council of GovernmentalIndustrial Hygienists, the Environmental Protection Agency, and the Department ofTransportation.4.13 Purchase ExtensionThis contract shall be offered for purchases to be made by other tribal and governmental units asauthorized by the Government Joint Purchasing Act. All purchases and payments made under thisauthority shall be made directly by the governmental unit to the Proposer. The Ho-Chunk Nationshall not be responsible in any way for such purchase orders or payments. All terms and conditionsof this contract shall apply to all orders placed by another governmental unit.In addition, this contract may be offered to other divisions/departments of the Ho-ChunkNation. All terms and conditions for the Ho-Chunk Nation will apply to all orders placed by otherdivisions/departments within the Ho-Chunk Nation.4.14 Force Majeure ClauseAll parties shall not be liable under the provisions of the contract for damages on account of strikes,lockouts, accidents, fires, inclement weather, delays of common carriers, acts of God, detrimentalgovernment actions, state of way, or any other causes beyond the control of the parties.4.15 TaxesThe Ho-Chunk Nation is exempt from paying Wisconsin Use Tax, Wisconsin Retailers OccupationTax, and Federal Excise Tax. (#39-1140880)4.16 PaymentsThe Proposer shall furnish the Nation with an itemized invoice including all detailed support ofany reimbursable expenses incurred.4.17 Proposer Responsibilities13

The selected Proposer will be required to assume responsibility for all services offered in thisproposal. The Nation will consider the selected Proposer to be the sole point of contact with regardto contractual matters, including payment of any and all charges resulting from the contract.Any contract resulting from the RFP may not be assigned, in whole or in part without writtenconsent of the Nation. If the Proposer attempts to make such an assignment without the writtenconsent of the Nation, the Proposer shall nevertheless remain legally responsible for all obligationsunder the Contract.4.18 Interpretation or Correction of Request for ProposalsProposers shall promptly notify the Procurement Manager of any ambiguity, inconsistency, orerror, which they may discover upon examination of the Request for Proposals.Interpretations, corrections, and changes to the Request for Proposals will be made by addendum.Interpretations, corrections, or changes made in any other manner will not be binding.4.19 Compliance with LawsThe proposer hereto covenants and agrees to comply with all applicable federal, state, tribal, andlocal laws, codes, ordinances, rules and regulations. Failure to comply with the terms of thisprovision shall constitute a breach of contract and permit the Ho-Chunk Nation to terminate this(Request for Sealed Proposal/Proposal) in accordance with the termination provisions statedherein.4.20 Recourse for Unsatisfactory MaterialsPayment shall be contingent upon the Ho-Chunk Nation inspection or satisfaction with completedwork. Any defective work or materials, non-conformance to specifications, damaged materials, orunsatisfactory installation shall be corrected to the Ho-Chunk Nation’s satisfaction by thesuccessful proposer at no additional charge.4.21 TerminationFailure to comply with the terms and conditions as herein stated shall be cause for cancellation ofthe contract. The Ho-Chunk Nation will give written notice of unsatisfactory performance and theProposer will be allowed fourteen (14) days to take corrective action and accomplish satisfactorycontrol. If at the end of the fourteen days, the Ho-Chunk Nation deems the Proposer’s performancestill unsatisfactory, the contract shall be canceled. The exercise of its right of cancellations shallnot limit the Ho-Chunk Nation’s right to seek any other remedies allowed by law.The successful proposer will agree that the resulting contract is made subject to available budgetaryappropriations and shall not create any obligation on behalf of the Nation in excess of suchappropriations. In the event that no funds or insufficient funds are appropriated and budgeted, thisContract shall terminate without penalty or expense to the Nation fourteen (14) days after writtennotification of termination from the Nation.4.22 Rejection of Proposal, Waiver or IrregularitiesHo-Chunk Nation reserves the right to reject any or all proposals, to waive irregularities, and toaccept that proposal which is considered to be in the best interest of the Nation. Any such decisionshall be considered final.14

4.23 MilestonesMilestones if outlined, will be considered in making the award and the proposers shall state, in thespaces provided expected milestones. Failure to meet said milestones without prior consent of theProcurement Manager will be considered breach of faith.4.24 WorkmanshipItems shall be manufactured according to the highest traditions of the industry and shall meet allcommercial standards of quality. The Nation shall be the sole judge of acceptable products.Unacceptable products will be rejected and suitable price adjustments made.4.25 InsuranceGeneral The successful proposer shall maintain for the duration of the contract and any extensionsthereof, at proposer’s expense, insurance that includes “Occurrence” basis wording and is issuedby a company or companies qualified to do business in the State of Wisconsin that are acceptableto the Nation, which generally requires that the company(ies) be assigned a Best’s Rating of A orhigher with a Best’s financial size category of Class XIV or higher, in the following types andamounts:a) Commercial General Liability in a broad form, to include, but not limited to, coveragefor the following where exposure exists: Bodily Injury and Property Damage,Premises/Operations, Independent Proposers, Products/Completed Operations,Personal Injury and Contractual Liability; limits of liability not less than:a. 1,000,000 per occurrence and 2,000,000 in aggregate;b) Business Auto Liability to include, but not be limited to, coverage for the followingwhere exposure exists: Owned Vehicles, Hired and Non-Owned Vehicles andEmployee Non-Ownership; limits of liability not less than:a. 1,000,000 per occurrence combined single limit for: Bodily Injury Liabilityand Property Damage Liability;c) Workers’ Compensation Insurance to cover all employees and met statutory limits incompliance with applicable state and federal laws. The coverage must also includeEmployer’s Liability with minimum limits of 100,000 for each incident.d) Professional Liability Insurance with 1,000,000 per occurrence and 1,000,000 inaggregate.4.26 Evidence of InsuranceThe successful proposer agrees that with respect to the above-required insurance that:(a) The Ho-Chunk Nation shall be provided with Certificates of Insurance evidencing theabove required insurance, prior to commencement of the contract and thereafter withcertificates evidencing renewals or replacements of said policies of insurance at leastfifteen (15) days prior to the expiration or cancellation of any such policies;(b) The contractual liability arising out of the contract shall be acknowledged on the Certificateof Insurance by the insurance company;(c) The Ho-Chunk Nation shall be provided with thirty (30) days prior notice, in writing, ofNotice of Cancellation or material change and said notification requirement shall be statedon the Certificate of Insurance;15

(d) Subcontractors, if any, comply with the same insurance requirements. In addition to beingnamed as an additional insured on the Certificate of Insurance, each liability policy shallcontain an endorsement naming the Ho-Chunk Nation as and additional insured. A Copyof the endorsement shall be provided to Ho-Chunk Nation along with the Certificate ofInsurance; and(e) have Ho-Chunk Nation named as an additional insured and the address for certificateholder must read exactly as:Ho-Chunk Nation, a sovereign nationW9814 Airport RoadBlack River Falls, WI 54615(f) Insurance Notices and Certificates of Insurance shall be provided to:Ho-Chunk Nation Treasury, Procurement DepartmentW9814 Airport RoadBlack River Falls, WI 54615The Nation shall be provided with Certificates of Insurance evidencing the above requiredinsurance prior to the commencement of this Agreement and thereafter with the certificatedevidencing renewals or changes to said policies of insurance at least fifteen (15) days prior to theexpiration or cancellation of any such policies.The Nation shall be named as additional insured on all

with 632 slot machines and 11 tables. It offers Roulette, Black Jack and Poker. Ho-Chunk Gaming – Black River Falls Bingo, previously known as the Sands Bingo, also began operations in 1983 and is currently operating a 462-seat facility. Ho-Chunk Gaming – Black River Falls Hotel has 60