REQUEST FOR PROPOSALS COMPREHENSIVE INSURANCE CONSULTING SERVICES

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

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. 1

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 2

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. 3

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. 4

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: (jc@freemancoliseum.com) 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 jc@freemancoliseum.com 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. 5

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. 6

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. 7

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. 8

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. 9

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. 10

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. 11

3.3 Release C. Worker's Compensation: Statutory D. Professional/Errors and Omissions: $2,000,000 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 12

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. 13

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. 14

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. 15

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) 16

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. 17

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 1 st of each year that a contractual relationship or negotiation is pending with BCCAB. 18

CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the OFFICE USE ONLY Local Government Code by a person doing business with the Date Received governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7 th 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. 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 7 th 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. 19

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 20