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REQUEST FOR PROPOSALS COMPREHENSIVE INSURANCE CONSULTING SERVICES RFP#: INS2016 ISSUED: JANUARY 31, 2016 SUBMITTALS MUST BE RECEIVED BY: Thursday, March 10, 2016, 4:00 PM CST Freeman Coliseum Administrative Office 3201 E Houston St, San Antonio, TX 78219

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REQUEST FOR PROPOSALS COMPREHENSIVE INSURANCE

CONSULTING SERVICES

RFP#: INS2016

ISSUED: JANUARY 31, 2016

SUBMITTALS MUST BE RECEIVED BY:

Thursday, March 10, 2016, 4:00 PM CST

Freeman Coliseum Administrative Office

3201 E Houston St, San Antonio, TX 78219

1

TABLE OF CONTENTS

Section Title Page

1. INTRODUCTION ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.1 General Information .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.2 Scope of Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.3 Scope of Services .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2. NOTICE TO PROPOSERS ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2.1 General Information .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2.2 RFP Key Dates and Deadlines .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2.3 BCCAB Contact Person .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2.4 Type of Agreement .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.5 Inquiries and Interpretations .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.6 Public Information .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.7 Evaluation and Award .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.8 Specific Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.9 Selection .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2.10 Proposer' s Acceptance of Evaluation Methodology .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.11 Solicitation for Proposal and Proposal Preparation Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.12 Proposer Questionnaire .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

3. PROPOSAL REQUIREMENTS ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

3.1 General Instructions .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

3.2 Preparation and Submittal Instructions .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

3.3 Release .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

3.4 Terms and Conditions .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

3.5 Submittal Checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

3.6 Changes .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

3.7 Indemnity .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

3.8 Option to Renew ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

4. EXECUTION OF OFFER ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

5. PROPOSER’S GENERAL QUESTIONNAIRE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

6. CONFLIST OF INTEREST QUESTIONNAIRE.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Response forms and miscellaneous information.

2

SECTION 1

INTRODUCTION

1.1 General Information

The Coliseum Advisory Board; dba: Bexar County Community Arenas Board heretofore

referred to as BCCAB; was created by an act of the state legislature to establish an

oversight body to preside over the affairs of a venue for the citizens of Bexar County to

pursuit agricultural endeavors. Those serving on the Coliseum Advisory Board are

“appointees” selected by the County Judge and the four County Commissioners.

Over the long history of the Coliseum and Grounds, the property has evolved to house

two full-time tenants and a variety of recurring and new tenants. BCCAB is tasked with

oversight responsibility for activities occurring at the Freeman Coliseum, Freeman Expo

Halls and on the grounds; that are the direct operations of BCCAB. Long term leases

with two major tenants of County owned property are administered by BCCAB.

Business operations for BCCAB are primarily limited to the rental of the Freeman

Coliseum, Freeman Expo Halls, and ancillary buildings during non-Rodeo event dates.

The operations specifically do not include any Rodeo Events or Community Arena

Management events. This limitation includes all events at the AT&T Center.

Responses to this RFP must take into account that services provided exclude operations

of the San Antonio Stock Show and Rodeo and Community Arena Management; for any

and all lines of coverage. Understanding of the intra-relationships of the Coliseum

Advisory Board, San Antonio Livestock Exposition, and Community Arena Management

are crucial to adequately and efficiently insuring BCCAB and County interests.

1.2 Scope of Project

1. Purpose

BCCAB is requesting proposals which indicate the qualifications of firms for the

purpose of selecting an Insurance Agent. BCCAB will seek assistance and advice in

the planning, analysis, structure, design, implementation, administration, and

management of BCCAB’s comprehensive insurance program. The term

‘‘insurance’’ may include, but not be limited to, any of the following:

A. Workers’ Compensation

B. Property Insurance

C. Automobile Insurance

D. General Liability Insurance

E. Directors & Officers Insurance

F. Umbrella Coverage

3

The Bexar County Community Arenas Board wants to partner with vendors who

demonstrate a commitment to help meet its objectives. BCCAB is fully committed

to begin utilizing the services of the chosen firm effective October 1, 2016.

2. Incurred Expenses

There is no expressed or implied obligation for BCCAB to reimburse offerors for

any expense incurred in preparing proposals in response to this request and BCCAB

will not reimburse anyone for these expenses.

BCCAB will consider submittals from all responsible offerors.

3. Order of Response

Any company seeking to provide services for BCCAB must respond to appropriate

sections of this RFP and must meet all conditions or standards of the specifications

contained in this RFP.

4. Term of Contract and Extension/Renewal Rights

The term of the Contract(s) issued shall be for a two year period effective October

1, 2016 through September 30, 2018. In addition, unless otherwise specified in the

proposal, the award of this contract shall include the right, at the option of BCCAB,

contingent upon the agreement by both parties to renew and extend this contract for

an additional two year period; as permitted by any applicable law or Bexar

County/BCCAB policy.

BCCAB requires the option to renew and extend the agreement on the SAME terms

and conditions (including annual compensation). Please confirm this guarantee in

your response to ensure that changes can only be instituted on a policy anniversary

date and that the selected proposer must provide notification of any changes 90

calendar days before the renewal. (This would not include changes in insurance

premiums)

1.3 Scope of Services

Services provided by the insurance consultant/firm would include but not be limited to:

1. Property and Casualty (P&C) Insurance

A. Review and revise all policies to provide best options for BCCAB based on

budget availability.

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B. Receive phone calls from tenants, vendors, and referrals from BCCAB staff,

Commissioners Court, and the Bexar County District Attorneys Office

(BCCAB’s legal counsel).

C. Monitor provider contracts.

D. Conduct cost containment analysis and provide timely recommendations.

E. Provide reports of claims when requested by BCCAB to be presented at monthly

Board meetings.

F. Analyze plans offered by vendors and tenants, ensure that all tenant and vendor

coverage’s provide BCCAB with appropriate protection of the Board and the

Board’s interests.

G. Assist in establishing administrative procedures if necessary.

H. Inform BCCAB of new developments as a result of industry trends and State and

Federal legislation and recommend appropriate action.

I. Review the efficiency and effectiveness of the administration process and

provide any necessary recommendations to BCCAB.

J. Review all loss data reports and verify against actual losses reported by

BCCAB.

K. Review and report on effectiveness of the Safety Programs proposed to BCCAB

and make appropriate recommendations.

L. Develop requirements for insurance of individuals, tenants, or corporate entities

providing service to BCCAB by working with BCCAB staff.

2. Workers’ Compensation and Plan Administration

A. Review and revise all policies to provide ‘best practices’ recommendations in

each of those areas.

B. Conduct cost containment analysis and provide timely recommendations

regarding BCCAB’s Workers’ Compensation Program.

C. Negotiate with providers for the best rate and benefit combination.

D. Develop transition plan when carriers are changed.

E. Review the efficiency and effectiveness of the processes and provide any

necessary recommendations to BCCAB.

F. Review appeals from insurance plan participants of any claims for health

benefits.

G. Responsible for the administration and interpretation of the insurance plans in

accordance with their terms and established policies, interpretations, practices,

and procedures.

H. With regard to workers’ compensation, collect and analyze historical loss data to

identify trends, and make recommendations to improve loss experience.

I. Facilitate insurers’ inspection of work site facilities and equipment to detect

existing or potential accident and health hazards, and recommend corrective or

preventative measures.

J. Review of all risks associated with BCCAB business and provide

recommendations on how to best manage that risk, including self insurance or

statutory protection.

5

SECTION 2

NOTICE TO PROPOSERS

2.1 General Information

BCCAB is requesting submittals for the purpose of selecting a firm to provide insurance

consulting services based on qualifications set forth by criteria in this RFP. The cost of

insurance ultimately procured for BCCAB is not a part of this RFP.

PROPOSERS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN

THIS RFP CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL

REQUIREMENTS AND QUESTIONS AS DIRECTED.

2.2 RFP KEY DATES AND DEADLINES

1. Issuance of RFP – Sunday, January 31, 2016

2. RFP Questions due by Friday, February 12, 2016 – 4:00 PM CST

by E-mail: ([email protected]) or

by Mail: Freeman Coliseum; 3201 E Houston St, San Antonio, TX 78219

3. Pre-Bid Conference to be held in Freeman Coliseum Conference Room Tuesday,

March 1, 2016 – 3:30 PM CST

4. Responses to RFP due by Thursday, March 10, 2016 – 4:00 PM CST.

Please deliver proposals to the Receptionist’s desk in BCCAB’s Administrative

Offices, 3201 E Houston St.

5. RFP’s will be opened at the first meeting of BCCAB following the submission

deadline and all respondents will be notified when a candidate is selected.

2.3 BCCAB Contact Person

Any questions or concerns regarding this RFP shall be submitted via e-mail or mail to the

assigned representative listed below:

Bexar County Community Arenas Board

Attn: JC Hrubetz

3201 E Houston St

San Antonio, Texas 78219

[email protected]

BCCAB specifically instructs all interested parties to restrict all contact and questions

regarding this RFP to written communications forwarded to the above-named contact

person. BCCAB shall have a reasonable amount of time in which to respond to questions

or concerns. It is BCCAB’s intent to respond to all appropriate questions and concerns;

however, it reserves the right to decline to respond to any question.

6

2.4 Type of Agreement

The successful Proposer selected by BCCAB, in accordance with the requirements and

specifications set forth in this RFP, will be required to enter into an agreement

(“Agreement”) with BCCAB that incorporates the requirements of this RFP.

2.5 Inquiries and Interpretations

BCCAB may, at its sole discretion, respond in writing to written inquiries concerning this

RFP and mail its response as an addendum to all parties recorded by BCCAB as having

received a copy of this RFP. Only BCCAB’s responses that are made by formal written

addenda shall be binding on BCCAB. Verbal and other written interpretations or

clarifications shall be without legal effect. All addenda issued by BCCAB prior to the

Submittal Deadline shall be and are hereby incorporated into this RFP for all purposes.

2.6 Public Information

BCCAB considers all information, documentation and other materials requested, to be

submitted in response to this RFP to be of a non-confidential and non-proprietary nature

and therefore shall be subject to public disclosure under the Texas Public Information Act

(Texas Government Code, Chapter 552.001, et seq) after the award of an Agreement.

Proposer is hereby notified that BCCAB strictly adheres to all statutes, court decisions,

and the opinions of the Texas Attorney General with respect to disclosure of public

information.

2.7 Evaluation and Award

BCCAB has designated a representative to review proposals, make evaluations, and offer

a recommendation for award to BCCAB. During this evaluation period, unannounced

visits to current bidder operations to inspect customer service facilities may be made.

Award recommendation will include all of the factors listed above plus other appropriate

factors.

2.8 Specific Criteria

Proposals will be opened so as to avoid disclosure of contents to competing offerors, and

kept secret during the process of negotiation. However, all proposals shall be open for

public inspection after award, except for trade secrets and confidential information

contained in the proposals and identified as such.

BCCAB retains the right to reject all submitted proposals. BCCAB is not required to

select the proposal with the lowest pricing, but shall take into consideration other factors

such as the ability to service account, past experience, financial stability, and other

relevant criteria.

7

BCCAB reserves the right to accept any proposal deemed advantageous to BCCAB.

Proposals will be evaluated based on, but not limited to the following factors:

1. Scope of services and integration of plan functions.

2. Financial stability and responsiveness.

3. Customer service capabilities.

4. Cost of risk management services. (Not BCCAB insurance costs)

5. Analysis of the whole proposal.

6. References and experience with similar clients.

The strength of these factors will be determined through the responses to this RFP.

2.9 Selection

The award of the successful proposal may be made by BCCAB on the basis of the

proposals initially submitted, without discussion, clarification, or modification. In the

alternative, selection of the successful proposal may be made on the basis of negotiation

with any Proposer (s).

At its sole option and discretion, BCCAB may discuss and negotiate all elements of the

proposals submitted by Proposers within a specified competitive range. For purposes of

negotiation, a competitive range of acceptable or potentially acceptable proposals may be

established comprising the highest rated proposals. Further action on proposals not

included within the competitive range may be deferred, pending award.

BCCAB reserves the right to:

1. Reject any and all proposals and re-solicit proposals.

2. Reject any and all proposals and temporarily or permanently abandon the

procurement, if deemed to be in the best interest of BCCAB.

3. Reject any and all statements and/or to solicit additional statements, to make

decisions regarding the scope of services, the terms of the agreement, and to

negotiate matters relating to fees for services after receipt of responses to this

Request For Proposals, and BCCAB’s decision of these matters will be final.

4. Revise any/or all elements that comprise the statement of a respondent to ensure the

best possible consideration be afforded.

5. Select an Insurance Consultant/Firm for a specific purpose or for any combination

of specific purposes, and to defer the selection of any Insurance Consultant/Firm to

a time of BCCAB’s choosing.

6. Enter into agreements for any and all portions of the requirements and specifications

set forth in this RFP with one or more Proposers.

7. Award the contract to other qualified respondent(s) if the primary respondent(s)

chosen does not execute a contract agreeable to BCCAB within 30 days after the

award.

8

By this Request For Proposals, BCCAB has not committed itself to employ an

Insurance Consultant/Firm for any or all of the above-described matters.

It is expected that the services of an Insurance Consultant/Firm will require a close,

positive working relationship with BCCAB and that the personnel identified would not

be changed without the prior written approval of BCCAB. BCCAB will reserve the

right to terminate the contract if key personnel are changed or if working relationships

are not satisfactory.

Under no circumstances will the selected Insurance Consultant/Firm receive payment

for services from vendors with whom BCCAB chooses to do business. The amount paid

by BCCAB to the Insurance Consultant/Firm will be the only income for it as a result

of contracts between BCCAB and chosen vendors.

2.10 Proposer' s Acceptance of Evaluation Methodology

By submitting a proposal, Proposer acknowledges the acceptance of the Proposal

Evaluation Process, Criteria for Selection, Specifications (criteria), and other

requirements and criteria set forth in this RFP. Some subjective judgments may be made

by BCCAB during this RFP process.

2.11 Solicitation for Proposal and Proposal Preparation Costs

Proposer understands and agrees that:

1. This RFP is a solicitation for proposals and BCCAB has made no representation,

written or oral, that one or more contracts with BCCAB will be awarded under this

RFP.

2. BCCAB issues this RFP predicated on its anticipated requirements for Services and

that it has made no representation, written or oral, that any such requirements set forth

in this RFP including, but not limited to, the estimated volume of transactions, will

actually be realized if BCCAB enters into an Agreement as a result of this RFP.

3. Proposer shall bear, as its sole risk and responsibility, any cost that arises from

Proposer’s preparation of a response to this RFP.

2.12 Proposer Questionnaire

To aid in the evaluation of proposals, proposal should include complete responses to the

Proposer Questionnaire in Section 5.

9

SECTION 3

PROPOSAL REQUIREMENTS

3.1 General Instructions

1. Proposer should carefully read the information contained herein and submit a

complete response to all requirements and questions as directed. Proposals must not

contain more than 15 double spaced pages, excluding resumes.

2. Proposals and any other information submitted by Proposer in response to this RFP

shall become the property of BCCAB.

3. BCCAB will not provide compensation to Proposer for any expenses incurred by

Proposer for proposal preparation or for demonstrations that may be performed for

BCCAB, unless otherwise expressly stated. Proposer submits its proposal at its own

risk and expense.

4. Proposals that are qualified with conditional clauses; alter, modify, or revise this RFP

in any way; or contain irregularities of any kind are subject to disqualification by

BCCAB, at its discretion.

5. Proposals should be prepared simply and economically, providing a straightforward,

concise description of Proposer's ability to meet the requirements and specifications

of this RFP. Emphasis should be on completeness, clarity of content, and

responsiveness to the requirements and specifications.

6. BCCAB makes no warranty or guarantee that an award will be made as a result of

this RFP. It reserves the right to accept or reject any or all proposals, waive any

formalities or minor technical inconsistencies, and delete any requirement or

specification from this RFP or the Agreement if deemed to be in BCCAB's best

interest. BCCAB reserves the right to seek clarification of any item contained in

Proposer’s proposal prior to final selection. Such clarification may be provided by

telephone conference, personal meeting, or writing to either BCCAB or its designated

agent, at BCCAB’s discretion. Representations made by Proposer in its proposal will

be binding on Proposer. BCCAB will not be bound to act by any previous

communication or response submitted by Proposer, other than this RFP.

7. Any proposal that fails to comply with the requirements contained in this RFP may be

rejected by BCCAB, at its discretion.

3.2 Preparation and Submittal Instructions

1. Execution of Offer

Proposer must complete, sign, and return the attached Execution of Offer as part of its

proposal. The Execution of Offer must be signed by a representative of Proposer

duly authorized to commit Proposer to its proposal. Any proposal received without a

completed and signed Execution of Offer may be rejected by BCCAB, at its

discretion.

10

2. Addenda Checklist

Proposer must acknowledge all addenda to this RFP (if any) by completing, signing,

and returning the Addenda Checklist as part of its proposal. Any proposal received

without a completed and signed Addenda Checklist may be rejected by BCCAB, at its

discretion.

3. Proposer’s General Questionnaire

Proposals shall include answers to the questions in Proposer Questionnaire. Proposer

should reference the item number and repeat the question in its response. In cases

where a question does not apply or if unable to respond, reference the item number,

repeat the question, and indicate N/A (Not Applicable) or N/R (No Response), as

appropriate. Proposer shall explain the reason when responding N/A or N/R.

4. Table of Contents

Proposals shall include a Table of Contents (“TOC”) with page number references.

The TOC should contain sufficient detail and be organized according to the same

format as presented in this RFP to facilitate easy reference to the sections of the

proposal as well as to any separate attachments (which should be identified in the

TOC). If a Proposer includes supplemental information or non-required attachments

with its proposal, this material should be clearly identified in the TOC and organized

as a separate section of the proposal.

5. Number of Copies

Proposer must submit a total of six copies to include one “signed” proposal AND five

copies.

6. Proposal Submission

A. Proposals must be received by BCCAB on or before the Submittal Deadline and

shall be delivered to:

Bexar County Community Arenas Board

JC Hrubetz, General Manager

3201 E Houston St

San Antonio, TX 78219

B. Proposer must submit all proposal materials enclosed in a sealed envelope, box, or

container. The RFP Number and the Submittal Deadline should be clearly shown

in the lower left-hand corner on the top surface of the container. In addition, the

name and the return address of the Proposer should be clearly visible.

11

C. Upon Proposer’s request and at Proposer’s expense, BCCAB will return to a

Proposer its proposal if received after the Submittal Deadline. BCCAB will not

consider a proposal submitted after the Submittal Deadline.

D. BCCAB will not accept proposals submitted by telephone, FAX transmission, or

Electronic transmission (“E-mail”) in response to this RFP.

7. Modification or Withdrawal

Except as otherwise provided in this RFP, no proposal may be changed, amended, or

modified after it has been submitted in response to this RFP. However, a proposal

may be withdrawn and resubmitted at any time prior to the Submittal Deadline. No

proposal may be withdrawn after the Submittal Deadline without BCCAB’s consent,

which shall be based on Proposer's submittal of a written explanation and

documentation evidencing a reason acceptable to BCCAB, in its sole discretion.

8. Proposal Validity Period

Each proposal must state that it will remain valid for BCCAB’s acceptance for a

minimum of 90 days after the Submittal Deadline to allow time for evaluation,

selection, and any unforeseen delays. The proposal accepted by BCCAB shall remain

valid for the full term of the Agreement or other contractual arrangements resulting

from this RFP.

9. Insurance and Liability

During the period of this contract, Contractor shall maintain, at his expense, insurance

with limits not less than those prescribed below. With respect to required insurance,

Contractor shall:

A. Name Bexar County and BCCAB as additional insured/or an insured, as

its interests may appear.

B. Provide a Waiver of Subrogation.

C. Provide a 30 day advance written notice of cancellation or material change

to said insurance.

D. Provide BCCAB Purchasing Agent at the address shown on Page 1 of this

contract, a Certificate of Insurance evidencing required coverages within

10 days after receipt of Notice of Award.

Submit a certificate of insurance reflecting coverage as follows:

A. General Liability (Including Contractual Liability):

1. Bodily Injury - per occurrence - $1,000,000

2. Bodily Injury - aggregate - $2,000,000

B. Automobile Liability:

1. $1,000,000 combined single limit per occurrence.

2. To include hired and non-owned auto coverages.

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C. Worker's Compensation: Statutory

D. Professional/Errors and Omissions: $2,000,000

3.3 Release

Contractor agrees to and shall release BCCAB, its agents, employees, officers, and legal

representatives from all liability for injury, death, damage, or loss to persons or property

sustained in connection with or incidental to performance under this agreement, even if

the injury, death, damage, or loss is caused by BCCAB’s sole or concurrent negligence

and/or BCCAB’s strict products liability or strict statutory liability.

3.4 Terms and Conditions

1. Proposer must comply with the requirements and specifications contained in this

RFP. If there is a conflict among the provisions stated in this RFP, then the provision

requiring Proposer to supply the better quality or greater quantity of services shall

prevail, or if such conflict does not involve quality or quantity, then interpretation

will be in the following order of precedence:

A. Specifications

B. General Terms and Conditions

C. Proposal Requirements

D. Notice to Proposers

2. By signing the Execution of Offer and submitting a proposal, Proposer certifies that

any terms, conditions, or documents attached to or referenced in its proposal are

applicable to this procurement only to the extent that they do not conflict with the

laws of the State of Texas or this RFP and that they do not impose additional

requirements on BCCAB. Proposer further certifies that the submission of a proposal

is Proposer's good faith and intent to enter into an Agreement with BCCAB as

specified herein and that such intent is not contingent upon BCCAB's acceptance or

execution of any terms, conditions, or other documents attached to or referenced in

Proposer’s proposal.

3.5 Submittal Checklist

Proposer is instructed to complete, sign, and return the following documents as a part of

its proposal submittal. If Proposer fails to return each of the following items with its

RFP, then his RFP may be rejected by BCCAB, at its discretion.

1. Signed and Completed Execution of Offer

2. Responses to Proposer's General Questionnaire

3. Conflict of Interest Questionnaire

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3.6 Changes

BCCAB may at any time, by written order and without notice to the respondents, if any,

make changes within the general scope of this contract in any of the following situations:

Correction of errors of a general administrative nature or other mistakes, the correction of

which does not affect the scope of the contract, or does not result in expense to the

Contractor.

If any such change causes an increase or decrease in the cost of, or time required for,

performance of any part of the work under this contract, whether or not changed by the

order, BCCAB shall make an equitable adjustment in the contract price, the delivery

schedule, or both, and shall modify the contract. The Contractor must submit any

"proposal for adjustment" under this clause within 30 days from the date of receipt of the

written order. However, if BCCAB decides that the facts justify it, BCCAB may receive

and act upon a proposal submitted before final payment of the contract. Failure to agree

to any adjustment shall be a dispute under the Disputes and Appeals clause. However,

nothing in this clause shall excuse the Contractor from proceeding with the contract as

changed.

3.7 Indemnity

Vendor shall provide the defense for, indemnify, and hold harmless BCCAB from any

and all claims, suits, causes of action, and liability arising in connection with Vendor use

of the premises hereunder.

3.8 Option to Renew

Any contract resulting from this RFP may be extended provided all terms and conditions,

except for the contract period being extended or any price redetermination as authorized

elsewhere in this contract, remain unchanged and in full force and effect. Option, if

exercised, to be executed in the form of a Modification/Supplemental Agreement is to be

issued not sooner than 90 days prior to expiration of this contract, nor later than the final

day of the contract period. This option to renew requires the mutual agreement of both

parties. Refusal by either party to exercise this option to extend shall require this contract

to expire on the original or mutually agreed date. The normal extension period shall be in

one year increments.

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SECTION 4

EXECUTION OF OFFER

THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED

WITH PROPOSER'S PROPOSAL. FAILURE TO COMPLETE, SIGN, AND RETURN THIS

EXECUTION OF OFFER WITH THE PROPOSER’S PROPOSAL MAY RESULT IN THE

REJECTION OF THE PROPOSAL.

1. By signature hereon, Proposer represents and warrants that:

A. Proposer acknowledges and agrees that:

a. This RFP is a solicitation for proposal and is not a contract or an offer to

contract.

b. The submission of a proposal by Proposer in response to this RFP will not create

a contract between BCCAB and Proposer.

c. BCCAB has made no representation or warranty, written or oral, that one or

more contracts with BCCAB will be awarded under this RFP.

d. Proposer shall bear, as its sole risk and responsibility, any cost which arises from

Proposer’s preparation of a response to this RFP.

B. Proposer has the necessary experience, knowledge, abilities, skills, and resources to

perform the services it offers.

C. Proposer is aware of, fully informed about, and is in full compliance with all applicable

Federal, State, and Local laws, rules, regulations, and ordinances.

D. Proposer understands the requirements and specifications set forth in this RFP as well as

the terms and conditions set forth in the Agreement under which Proposer will be

required to operate.

E. If selected by BCCAB, Proposer will not delegate any of its duties or responsibilities

under this RFP or the Agreement to any sub-contractor, except as expressly provided in

the Agreement.

F. If selected by BCCAB, Proposer will provide at the request of BCCAB, a Certificate

of Insurance showing Insurance Companies that are providing coverage and insurance

limits for Commercial General Liability, Automobile Liability, and Workers'

Compensation.

G. All statements, information, and representations prepared and submitted in response

to this RFP are current, complete, true, and accurate. Proposer acknowledges that

BCCAB will rely on such statements, information, and representations in selecting the

successful Proposer. If selected by BCCAB, Proposer will notify BCCAB immediately

of any material change in any matters with regard to which Proposer has made a

statement or representation or provided information.

H. Proposer shall defend, indemnify, and hold harmless BCCAB’s Elected Officials,

Appointed Officials, and all of its officers, agents, and employees from and against all

claims, actions, suits, demands, costs (including, but not limited to reasonable attorney

fees), damages, and liabilities arising out of, connected with, or resulting from any acts

or omissions of Proposer or any agent, employee, subcontractor, or supplier of Proposer

in the execution or performance of any contract or agreement resulting from this RFP.

15

2. By signature hereon, Proposer offers and agrees to furnish the products, services, and

price more particularly described in its proposal to BCCAB and comply with all terms,

conditions, requirements, and specifications set forth in this RFP.

3. By signature hereon, Proposer affirms that it has not given or offered to give, nor does

Proposer intend to give at any time hereafter, any economic opportunity, future

employment, gift, loan, gratuity, special discount, trip, favor, or service to a public

servant in connection with its submitted proposal. Failure to sign this Execution of Offer,

or signing with a false statement may void the submitted proposal or any resulting

contracts, and the Proposer may be removed from all proposal lists by BCCAB.

4. By signature hereon, Proposer hereby certifies that neither Proposer nor any firm,

corporation, partnership, or institution represented by Proposer, or anyone acting for such

firm, corporation, or institution, has violated the antitrust laws of the State of Texas,

codified in Section 15.01, et seq., Texas Business and Commerce Code, or the Federal

antitrust laws, nor communicated directly or indirectly the proposal made to any

competitor or any other person engaged in such line of business.

5. By signature hereon, Proposer certifies that the individual signing this document and the

documents made a part of this RFP, is authorized to sign such documents on behalf of

Proposer and to bind Proposer under any agreements and other contractual arrangements

that may result from the submission of Proposer’s proposal.

6. By signature hereon, Proposer certifies that if a Texas address is shown as the address of

the Proposer, he qualifies as a Texas Resident Bidder as defined in Rules of the Texas

Building and Procurement Commission (formerly the Texas General Services

Commission). (See 1 T.A.C. 111.2).

7. By signature hereon, Proposer certifies that no relationship, whether by blood, marriage,

business association, capital funding agreement, or by any other such kinship or

connection exists between the owner of any Proposer that is a sole proprietorship, the

officers or directors of any Proposer that is a corporation, the partners of any Proposer

that is a partnership, the joint ventures of any Proposer that is a joint venture, or the

members or managers of any Proposer that is a limited liability company, on one hand,

and an employee of any BCCAB's component, on the other hand, other than the

relationships which have been previously disclosed to BCCAB in writing; and Proposer

has not been an employee of any component institution of BCCAB within the immediate

12 months prior to the Submittal Deadline. All disclosures by Proposer in connection

with this certification will be subject to administrative review and approval before

BCCAB enters into a contract with Proposer.

8. By signature hereon, Proposer affirms that no compensation has been received for its

participation in the preparation of the requirements or specifications for this RFP, in

accordance with Section 2155.004, Texas Government Code.

16

9. By signature hereon, Proposer certifies its compliance with all federal laws and

regulations pertaining to Equal Employment Opportunities and Affirmative Action.

10. By signature hereon, Proposer represents and warrants that all products and services

offered to BCCAB in response to this RFP meet or exceed the safety standards

established and promulgated under the Federal Occupational Safety and Health Law

(Public Law 91-596) and its regulations in effect or proposed as of the date of this RFP.

11. Proposer shall and has disclosed, as part of its proposal, any exceptions to the

certifications stated in the Execution of Offer. All such disclosures will be subject to

administrative review and approval prior to the time BCCAB makes an award or enters

into any contract or agreement with Proposer.

12. Proposer shall complete the following information:

If Proposer is a Corporation, then State of Incorporation:

If Proposer is a Corporation then Proposer’s Corporate Charter Number:

Submitted and Certified By:

(Proposer’s Institution Name)

__________________________________________

(Signature of Duly Authorized Representative)

(Printed Name/Title)

__________________________________________

(Date Signed)

__________________________________________

(Proposer’s Street Address)

__________________________________________

(City, State, Zip Code)

__________________________________________

(Telephone Number)

__________________________________________

(FAX Number)

17

SECTION 5

PROPOSER’S GENERAL QUESTIONNAIRE

Proposers shall submit a complete response to each of the items listed below. Responses

requiring additional space should be brief and submitted as an attachment to the proposal

package. Proposer should reference each response by its item number indicated below.

1. Proposer Profile

Legal Name of Proposer:

Address of office that would be providing service under the Agreement:

Number of Years in Business:

Type of Operation: Individual ________ Partnership ________ Corporation ________

State of Incorporation:

Number of Employees:

Name of Parent Corporation, if any: ___________________________________

NOTE: If Proposer is a subsidiary, BCCAB prefers to enter into a contract or agreement with the

Parent Corporation or to receive assurances of performance from the Parent Corporation.

Does any relationship exist (whether by family kinship, business association, capital

funding agreement, or any other such relationship) between Proposer and any employee of

BCCAB? If yes, Proposer shall explain.

18

2. Description of Firm Characteristics

A. Summary of firm’s experience providing similar services.

B. Names of individuals who will be working on the project and their areas of

responsibility, to the extent known at the time of proposal.

C. Products planned on providing in response to this RF.

D. Brief history of firm and its affiliations; including the date firm was founded.

E. Please provide the size of largest client and the average size of client base for

commercial lines only.

F. Please provide the name, title, address, contact person, firm name, and type of

business for at least two clients with similar needs to BCCAB.

G. Summarize firm’s approach to evaluating the insurance requirement for lessees of

BCCAB property and BCCAB vendors.

H. Provide cost estimate for annual fees to be charged BCCAB for services described

herein.

SECTION 6

CONFLIST OF INTEREST QUESTIONNAIRE

Requirement for Disclosure of Conflict of Interest

The 79th Texas State Legislature enacted H.B. 914, creating Chapter 176 of the Texas Local

Government Code. This act, Disclosure of Certain Relationships with Local Government

Officers, takes effect January 1, 2006. As required by the act, the Texas Ethics Commission has

created a draft disclosure questionnaire to be completed by vendors. The disclosure requirement

applies to a person who contracts or seeks to contract for the sale or purchase of property, goods

or services with a local governmental entity.

1. The CONFLICT OF INTEREST QUESTIONNAIRE (FORM CIQ) is required to be

filed within seven business days of:

A. Beginning contract discussions or negotiations with BCCAB; or

B. Responding to a Request For Proposals, Invitation to Bid, a correspondence, or other

writing related to a potential agreement with BCCAB.

2. A person required to file a conflict of interest must file an updated questionnaire no later

than September 1st of each year that a contractual relationship or negotiation is pending

with BCCAB.

19

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor or other person doing business with local governmental entity

FORM CIQ

This questionnaire is being filed in accordance with chapter 176 of the

Local Government Code by a person doing business with the

governmental entity.

By law this questionnaire must be filed with the records administrator of

the local government not later than the 7th business day after the date the

person becomes aware of facts that require the statement to be filed. See

section 176.006, Local Government Code.

A person commits an offense if the person violates Section 176.006, Local

Government Code. An offense under this section is a Class C

misdemeanor.

OFFICE USE ONLY

Date Received

1 Name of the person doing business with local governmental entity.

2

Check this box if you are filing an update to a previously filed questionnaire

(This law requires that you file an updated completed questionnaire with the appropriate filing authority no

later than September 1 of the year for which an activity described in Section 176.006(a), Local Government

Code, is pending and no later than the 7th business day after the date the originally filed questionnaire

becomes incomplete or inaccurate).

3

Name each employee or contractor of the local governmental entity who makes

recommendations to a local government officer of the governmental entity with respect to

expenditures of money AND describe the affiliation or business relationship.

4

Name each local government officer who appoints or employs local government officers of

the governmental entity for which this questionnaire is filed AND describe the affiliation or

business relationship.

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CONFLICT OF INTEREST QUESTIONNAIRE

For vendor or other person doing business with local governmental entity

FORM CIQ

Page 2

5

Name of local government officer with whom filer has affiliation or business

relationship. (Complete this section only if the answer to A, B, or C is YES.

This section, item 5 including subparts A, B, C, and D, must be completed for each officer with whom the filer

has affiliation or other relationship. Attach additional pages to this Form CIQ as necessary.

A. Is this local government officer named in this section receiving or likely to receive

taxable income from the filer of the questionnaire?

Yes No

B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at

the direction of the local government officer named in this section AND the taxable

income is not from the local governmental entity?

Yes No

C. Is the filer of this questionnaire affiliated with a corporation or other business entity that

local government office serves as an officer or director, or holds an ownership of 10 %

or more?

Yes No

D. Describe each affiliation or business relationship.

6

Signature of person doing business with the governmental entity. Date