Alvin Independent School District Mickie Dietrich Director of Purchasing

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1 Alvin Independent School District Mickie Dietrich Director of Purchasing Issue Date: April 10, 2017 Jennifer Ortiz Contract Specialist Request for Proposals (RFP) WORKERS COMPENSATION EXCESS/STOP LOSS INSURANCE #1706WC Alvin Independent School District is accepting REQUEST FOR PROPOSALS for the purpose of identifying and selecting a highly qualified firm to provide WORKERS COMPENSATION EXCESS/STOP LOSS INSURANCE. Proposal Packets must be submitted up to but no later than MAY 10, 1:30 P.M. for consideration. Submission Location: Alvin Independent School District Attn: Donnie Marek 301 East House Street Alvin, Texas Fax proposals are not considered legal documents; therefore, two original, signed documents must be submitted to Purchasing for consideration. No faxed, ed or late qualifications will be accepted. Pre-Bid Conference Terms and Conditions: 1. In lieu of a pre-bid conference, Service Providers are encouraged to any and all questions with regards to the Scope of Services to Donnie B. Marek, Director of Risk Management dbmarek@alvinisd.net. 2. For further information or questions in regards to the proposal process, contact Donnie B. Marek, Director of Risk Management dbmarek@alvinisd.net. 3. This process will serve as documentation that all Service Providers are treated equally throughout the period prior to opening. One-on-one meetings with Service Providers prior to opening will not be held. Meetings with Service Providers may be set up after proposals are opened and final Service Provider negotiations have been established Stapp Maxwell Dr. Alvin, TX (281) (281) Fax 1 P a g e

2 ACKNOWLEDGE RECEIPT OF Request for Proposals (RFP) WORKERS COMPENSATION EXCESS/STOP LOSS INSURANCE #1706WC (TO BE COMPLETED AND RETURNED BY SERVICE PROVIDER) Your RFP may be submitted up to but no later than 1:30pm, WEDNESDAY, MAY 10, 2017 for consideration. Submission should include one original with all necessary backup requested and a copy. The Undersigned agrees to full comply in strict accordance with the proposal specifications and provisions attached thereto for the amounts shown, for one (1) year beginning the date the RFP is awarded by the board, with the option to renew for an additional two (2) year term if all parties are in agreement. The undersigned also agrees to furnish all goods/services in accordance with the District Standardized Terms and Conditions outlined unless noted in writing on this bid proposal documentation. The District retains the right to negotiate all elements of the contract. Date of Request for Proposals Submission Company Name Signature of Representative Authorized to Sign RFP Signer s Name (Please Print) Title Address City State Zip Phone Number Fax Number E Mail Address 2 P a g e

3 FAILURE TO RETURN THIS COMPLETED DOCUMENT MAY RESULT IN BID DISQUALIFICATION. SERVICE PROVIDERS MUST RESPOND to the following questions in order for their qualifications to be considered. The State of Texas does not employ a resident preference; however, it does employ a reciprocity rule. Offerors whose principal place of business is located in a state which gives preference to residents are subject to the same restrictions when submitting an offer with an entity of the State of Texas. The offeror, operates as ( ) a corporation incorporated under the laws of the State of, ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, ( ) a joint venture, or ( ) a corporation, registered for business in (Country). IS THE PRINCIPAL PLACE OF BUSINESS FOR "WHOM YOU REPRESENT" OR THE "PARENT COMPANY" OF "WHOM YOU REPRESENT" A RESIDENT OF TEXAS? YES NO Address of principal place of business or parent company whom you represent (if different from above address information provided): SERVICE PROVIDER INFORMATION: (TO BE COMPLETED AND RETURNED BY BIDDER) This proposal will be awarded at the next board meeting. Company Name Contact Person Mailing Address City State Zip Phone Number FAX Number Address Please indicate address to remit Payment (if different from above address): Company Name Contact Person Mailing Address City State Zip Phone Number Fax Number Addres 3 P a g e

4 FAILURE TO RETURN THIS COMPLETED DOCUMENT MAY RESULT IN BID DISQUALIFICATION. Reference Page: References will include contact name and telephone number. Proposals submitted without three references may be disqualified from consideration. List three (3) references of Texas Public School Districts. List name of institution, name of contact, phone number, and the reference s address. References should be those OTHER THAN Alvin ISD. Total Number of school district clients in the past three years: A. District Contact Name Phone Number Address B. District Contact Name Phone Number Address C. District Contact Name Phone Number Address FAILURE TO RETURN THIS COMPLETED DOCUMENT MAY RESULT IN BID DISQUALIFICATION 4 P a g e

5 - State of Texas Bid Requirement Page (Must sign acknowledgement below and identify exceptions) Service Providers shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Bidder certifies that the company complies with Executive order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order and as supplemented in Department of Labor Regulations. SERVICE PROVIDER NON-COLLUSIVE BIDDING By submission of this bid or proposal, the Bidder certifies that: a) This proposal has been independently arrived at without collusion with any other Bidder or with any Competitor. b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids, or proposals for this project, to any other Bidder, Competitor or potential Competitor. c) No attempt has been or will be made to induce my other person, partnership or corporation to submit or not to submit a bid or proposal. d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the Statements contained in this certification, and under the penalties being applicable to the Bidder as well as to the person signing in its behalf. CONFLICT OF INTEREST QUESTIONNAIRE (FORM CIQ) Service Providers are required to report business relationships at the time they begin contract negotiations or are solicited for bids or proposals. A Service Provider must disclose any business relationship with a district officer that might cause a conflict of interest. Service Providers have 7 business days to file the Ethics commission s Conflict of Interest Questionnaire (form CIQ) or face the possibility of a Class C Misdemeanor. Service Provider has no known Conflict of Interests with the District Service Provider has a known Conflict of Interest and will be attaching a copy of the CIQ FELONY CONVICTION NOTIFICATION State of Texas Legislative Senate Bill No. 1, Section , Notification of Criminal History of Contractor states: a) A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. b) A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. c) This section does not apply to a publicly-held corporation. Please check off one box and sign the form in the appropriate space(s): My firm is a publicly-held corporation; therefore, this reporting requirement is not applicable. My firm is neither owned nor operated by anyone who has been convicted of a felony. My firm is owned and operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): The undersigned agrees to fully comply in strict accordance with the above requirements, terms and specifications Acknowledgment by Signature Printed Name Date 5 P a g e

6 FAILURE TO RETURN THIS COMPLETED DOCUMENT MAY RESULT IN BID DISQUALIFICATION. ALVIN INDEPENDENT SCHOOL DISTRICT Consultant/Contractors Certification Form Introduction: Texas Education Code Chapter 22 and Senate Bill 9 require service contractors to obtain criminal history record information regarding covered employees and to certify to the District that they have done so. Contractors must comply with Texas Education Code, Section , regarding the Criminal History Record Information Review of Certain Contract Employees. Before work on this contract begins, Contractors shall obtain criminal history record information through the criminal history clearinghouse as provided by Section , Government Code relating to an employee or applicant who has or will have continuing duties related to the contracted services; and the employee or applicant has or will have direct contact with students. The contractor must obtain criminal history record information before or immediately after employing or securing the services of the employee or applicant that has or will have direct contact with students. The contractor further agrees that he shall assume all expenses associated with the criminal background check and shall immediately remove any employee or agent who was convicted of a felony, or misdemeanor involving moral turpitude, as defined by the Texas law, from District property or the location where students are present. Please visit a Guide for School Contractors Section for additional information regarding Senate Bill 9. Definitions: Covered employees: All employees of a contractor who have or will have work duties that have been or will be performed on District property on a repeated basis related to the service to be performed at the District and have or will have direct contact with students (verbal or physical interaction with one or more students that is necessary for the performance of the contracted services). The District will be the final arbiter of what constitutes direct contact with students. On behalf of (Individual Consultant or Contractor s Name of Company), I certify that the [check one]: A.) Individual Contractor or Contractor s employees are covered employees and have been processed through the FACT Clearinghouse as HAVING CONTACT with students. AND The following will be considered as proof of processing and will be used to assist in the FACT Clearinghouse inquiry: A copy of the FAST PASS receipt if available. FAST PASS TCN # (Receipt only validates fingerprinting process was completed) Individual has been fingerprinted and FAST PASS was processed at a school district. Teaching Certificate # School District Contractor has setup a FACT Clearinghouse Record for employees. ORI # and Contractor ID # AND *MANDATORY DATA FOR INQUIRY: *Date of Birth 6 P a g e

7 *Driver s License # or * State ID *TxDPS SID # (FACT Clearinghouse State assigned ID number) -Or- B.) Individual Consultant or Contractor s employees are not covered employees as defined above and DO NOT HAVE CONTACT with students. If A is selected, I further certify that: (1) Consultant/Contractor has obtained all required criminal history record information through the Texas Department of Public Safety, regarding its covered employees. None of the covered employees have a disqualifying conviction. Contractor has taken reasonable steps to ensure that it s employees who are not covered employees do not have continuing duties related to the contract services or direct contact with students. (2) If contractor receives information that a covered employee has a disqualifying conviction, Contractor will immediately remove the covered employee from the contract duties and notify the District in writing within 3 business days. (3) Upon request, Contractor will make available for the District s inspection the criminal history record information of any covered employee. If the District objects to the assignment of a covered employee on the basis of the covered employee s criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at the District. Noncompliance by Contractor with this certification may be grounds for contract termination, and may be a violation of State Law as described in Senate Bill 9 and/or TEC 22. By submission of this form, I am indicating that I am complying with Senate Bill 9 and Texas Education Code Section Criminal History Record Information Review of Certain Contract Employees. Date: Company Name (If Contractor / Company): Address: City: State: Zip: Contact Person: Phone: Fax: Address: Authorized Signature: Return Completed and Signed Contractor Certification Form with Backup and Contracted Service Contract to Alvin ISD Purchasing Department * 2200 Stapp Maxwell * Alvin, Texas Phone * Fax P a g e

8 FAILURE TO RETURN THIS COMPLETED DOCUMENT MAY RESULT IN BID DISQUALIFICATION 8 P a g e

9 FAILURE TO RETURN THIS COMPLETED DOCUMENT MAY RESULT IN BID DISQUALIFICATION. 9 P a g e

10 ALVIN ISD Request for Proposals (RFP) (TO BE COMPLETED AND RETURNED BY SERVICE PROVIDER) Hold Harmless Agreement The Proposer shall defend, indemnify, and hold harmless, Alvin ISD and all its trustees, officers, agents, and employees, from and against all suits, actions, or claims of any character brought forth or on account of any injuries or damages (including death) received or sustained by any person or property on account of, arising out of, or in connection with, any negligent act or omission of contractor or any agent, employee, subcontractor or supplier of contractor in the execution or performance under this contract as designated as the Provider for WORKERS COMPENSATION EXCESS/STOP LOSS INSURANCE #1706WC. The proposer shall also defend, indemnify and hold harmless, Alvin ISD and all of its trustees, officers, agents and employees, from and against claims by any subcontractor, supplier, laborer, material-man or mechanic for payment for work materials provided on behalf of the Contractor in the performance of the Contract and all such claimants shall look solely to Contractor and not Alvin ISD for satisfaction of such claims. This Hold Harmless Agreement shall be binding upon the undersigned, and its successors, legal representatives, heirs and assigns. DATED THIS DAY OF, 20. Contractor: Company Name Name of Representative (Print) Signature of Representative 10 P a g e

11 House Bill 1295 As of January 1, 2016, a new state policy was implemented that affects all proposals which are awarded by our board of Trustees. HB1295 basically states the following House Bill 1295 amended the Texas Government Code by adding Section , the Disclosure of Interested Parties. Under this Section , (Alvin ISD) is prohibited from entering into a contract resulting from an RFP with a business entity unless the business entity submits a Disclosure of Interested Parties (Form 1295) to the District at the time business entity submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Texas Ethics Commission. Click here to hyperlink to website for further clarity Texas Ethics Commission Form 1295 Detailed Instructions for Compliance with HB1295 SERVICE PROVIDER S Responsibility for Compliance: 1) Go to the Ethics Commission Website using the following link to register and complete FORM Certificate of Interest Parties Electronic Filing Application: Proposers must complete the filing application Form 1295 electronically with the Texas Ethics Commission using their online filing application. Click here to hyperlink to the form: Texas Ethics Commission Form 1295 As a business entity, all Service Providers must electronically complete, print, sign, notarize, and submit Form 1295 with their proposals or contracts even if there are no conflicting interested parties within the district. 2) Proposers must print a copy of the completed form, which will include a certification of filing containing a unique certification number. 3) The Form 1295 must be signed by an authorized agent of the business entity, and then the form must be notarized. 4) Send a copy of the form via or fax to the Purchasing Dept -Attn: Jennifer Ortiz, jortiz@alvinisd.net for Contract Service Proposals or Paula Ursery, pursery@alvinisd.net for all other proposals. The fax number for our Purchasing Department is ADDITIONAL NOTATION: The Form 1295 must be completed for every contract entered into with Alvin ISD that will be awarded by the board. Alvin ISD Responsibility for Compliance: 1) Once received, Alvin ISD must acknowledge the receipt of the filed Form 1295 by notifying the Texas Ethics Commission of the receipt of the filed Form 1295 no later than the 30 th day after the date the contract is approved at our board meeting. 2) After Alvin ISD acknowledges the Form 1295, the Texas Ethics Commission will post the completed Form 1295 to its website within seven business days. 3) The completed Form 1295 with the certification of filing will be filed with your completed proposal or contract that was provided to the district for board award. 4) We will then provide Service Provider numbers to staff for issuance of purchase order. ADDITIONAL NOTATION: Failure to comply with HB 1295 will result in your Service Provider packet being suspended from processing and no business can be conducted with your company until compliance has been provided by your company to Alvin ISD. 11 P a g e

12 Additional Information to Help Clarify HB1295: Should you have questions, concerns or require additional information, please contact the Texas Ethics Commission at ; their office hours are from 8:00 am to 5:00 pm Monday through Friday. For questions submitting Form 1295 to Alvin ISD: o For Contract Service Proposals: Contact Jennifer Ortiz at , or by at jortiz@alvinisd.net. o You may fax your signed and notarized copy to ** Alvin ISD is not required at this time to keep the original documentation; therefore, it can be scanned electronically and received by or by fax to the Purchasing Department or submitted with proposal documentation. ** HB1295 affects all Government Entities entering into contracts whereby their Board of Trustees awards the contracts. Therefore, should you enter into any other contracts with other school districts, universities, colleges, or government municipalities be prepared to complete this form for their contracts as well. Definitions Utilized for Completing Form 1295 include: Interested Party means a person: Who has a controlling interest in a business entity with whom AISD contracts; or Who actively participates in facilitating the contract or negotiating the terms of the contract with Alvin ISD, including a broker, intermediary, adviser, or attorney for the business entity Business Entity means an entity: Who is recognized by law through which business is conducted, including a sole proprietorship, partnership or corporation. o This includes NonProfit and For-Profit Organizations as a Business Entity Intermediary for purposes of this rule, means a person: Who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who: o Receives compensation from the business entity for the person s participation o Communicates directly with Alvin ISD on behalf of the business entity regarding the contract o AND is not an employee of the business entity Controlling Interest means a person: Whereby has ownership interest or participating interest in the business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent Is a member on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members Who serves as an officer of a business entity that has four or fewer officers or service as one of the four officers most highly compensated by a business entity that has more than four officers 12 P a g e

13 ALVIN INDEPENDENT SCHOOL DISTRICT TERMS AND CONDITIONS REQUEST FOR PROPOSALS WORKERS COMPENSATION EXCESS/STOP LOSS INSURANCE 1706WC INTENT The Alvin Independent School district is requesting Proposals for the purpose of selecting a Provider for Student/Athletic Accident Insurance & Catastrophic Coverage for the district.. BACKGROUND INFORMATION Alvin Independent School District ( the District ), is a public school district that consists of twenty-seven campuses (with 3 additional campuses opening in the school year) and serves students from the cities of Alvin, Liverpool, Manvel, Iowa Colony, Pearland and Rosharon. Alvin ISD was established on May 28, 1925 and serves predominately middle class families. The district currently serves 23,668 students from Pre-K to 12 th Grade. OPENING OF PROPOSAL At the designated time and date, all Proposals will be opened and listed. Responses received after opening time will be deemed non responsive and will be returned unopened. The Proposals will be reviewed by District evaluation team to ascertain which Proposals address all requirements for the Request for Proposals. Proposals determined to be technically non responsive or not as responsive as other Proposals are subject to elimination at this point. The team may interview selected vendors to clarify specific matters presented in the Proposals. These discussions will allow the vendor to elaborate on his/her Proposal and to request other pertinent information. The evaluation team will use information gained during these discussions and information presented in the Proposal to rank vendors in accordance with criteria stated in the Request for Proposals and make their recommendation for award of any resulting contract. PREPARATION OF SUBMISSION In Order for submission to be considered, the following forms MUST be returned with the original proposal packets: Acknowledge of Receipt Form Service Provider Information Reference Form State of Texas Bid Requirement Form Consultant/Contractors Certification Form Debarment Certification W-9 Hold Harmless Agreement House Bill 1295 Certificate (completed online and printed out) Proposal Plan Outline Formal Quote All forms must be completed fully in ink or type written and submitted in duplicate. All information must be legible. Failure to do so may result in rejection of the submission. Submissions must be sealed in an envelope with the name of the Service Provider, address, and RFP name and number clearly stated on the outside. If forwarded by mail (next day, Federal Express, etc.), the sealed envelope containing 13 P a g e

14 the submission must be enclosed in another envelope addresses as specified. Qualification Submissions submitted after the stated deadline will not be accepted. Submissions will be received by Donnie B. Marek, Director of Risk Management up to, but no later than, 1:30pm, WEDNESDAY, MAY 10, 2017 at Alvin ISD, 301 East House Street, Alvin, Texas AWARD OF CONTRACT Award of Contract, if it be awarded, will be made by the District to the proposer whose proposal is determined to be the most advantageous to the District, taking into consideration the relative importance of price and other evaluation factors. It is estimated that the recommended that award may be made within ninety (90) days after the opening of the proposals, but not before the District s next monthly meeting. No award will be made until after investigations are made as to the responsibilities of the proposers. The District reserves the right to solicit additional information from the proposers, or any one proposer, should the District deem such information necessary. The Award of Contract may be to one, all, some, or none of the proposers at the sole discretion of the District. CONTRACT TERM The District intends to award a contract to a single Service Provider for one (1) year beginning the date the RFP is awarded by the board, with the option to renew for an additional two (2) year term if all parties are in agreement.. The District retains the right to negotiate all elements of the contract. The District also retains the right to terminate the contract for any reason and at any time upon 30 days written notice and the payment of the then earned fees and expenses. CONTRACT DEVELOPMENT If a separate Contract is not written, the Contract entered into by the parties shall consist of the RFP document, the signed proposal submitted by the Proposer, the specifications including all modifications thereof, and a purchase order or letter of agreement requiring signatures of the District and the Proposer, all of which shall be referred to collectively as the Contract Documents, and will be a binding part of the final contract entered into by the selected Proposer and the District unless expressly excluded in the final agreement between the District and the Proposer. ADDENDA Should an addenda be extended, it will be incorporated as part of the submission and shall become part of The Contract Documents. The receipt of all Addenda shall be acknowledged via to Donnie B Marek at dbmarek@alvinisd.net. The parties may adjust the specific terms of this Contract (except for pricing) where circumstances beyond the control of either party require modification or amendment. Any modification or amendment proposed by the Proposer must be in writing to the Contract Administrator. Any agreed upon modification or amendment must be in writing and signed by both parties. The Contractor is required to provide the District with detailed data concerning the Contract at the completion of each contract year or at the request of the District at other times. The District reserves the right to audit the Contractor's records to verify the data. This data may include, but is not limited to services rendered and material sold to the District. 14 P a g e

15 TERMINATION The District retains the right to terminate any contract resulting from this RFP at its exclusive option and at no further cost or obligation to itself for reasons of Proposer s failure to perform satisfactorily in the following areas. The Service Provider proceeds in a manner that does not comply with the contract. The Service Provider does not carry out the provisions of this contract in its true intent and meaning implicated in the scope of work. Any breach of the contract or provisions set forth in the proposal specifications. Increased rates that are not agreed to in advance or as specified herein. Such termination action will be enacted only after the Proposer has been notified in writing by the District of its dissatisfaction and the Proposer has been given, in the District s opinion reasonable time to correct the matter of dissatisfaction. TERMINATION FOR CONVENIENCE OF THE DISTRICT In any contract resulting from this RFP the District retains the right to terminate the contract, in whole or in part, for convenience. TAXES The School District is exempt from all applicable Federal and State Tax. Tax-exempt information will be furnished upon request. TERMS OF PAYMENT Terms of payment to the Proposer will be in accordance with the terms of the Agreement based on invoices submitted to and approved by the District. Invoices shall be fully documented in accordance with the Agreement. Invoices must reflect only the amount due for that portion of the services performed, materials and equipment furnished for the period covered by each invoice. Proposer agrees to waive any/all interest charges on overdue invoices. VENUE This Contract shall be enforceable in Brazoria County, Texas, and if legal action is necessary by either party with respect to the enforcement of any and all of its terms and conditions, exclusive venue for any legal action shall lie in Brazoria County, Texas. PERFORMANCE TIME Time is of the essence in the performance of services detailed in this RFP. The District considers time to be that period elapsing from the date the Notice to Proceed is issued until the Proposer beings providing the necessary work and services to be performed as part of the Scope of Services. If you have questions regarding the preparation of your Proposal, you may contact Donnie B. Marek, Director of Risk Management dbmarek@alvinisd.net as stated previously in this document. Information from phone calls or through avenues other than as directed above is not binding and may result in your response being disqualified. 15 P a g e

16 NOTICE OF DELAYS Whenever the Proposer encounters any difficulty which is delaying or threatens to delay timely performance (including actual or potential labor disputes, service interruptions, or other), the Proposer shall immediately give notice thereof in writing to the District, stating all relevant information with respect thereto. Such notice shall not in any way constitute a basis for an extension of the delivery or performance schedule or be construed as a waiver by the District of any right or remedies to which it is entitled by law or pursuant to provisions herein. Failure to give such notice, however, may be grounds for denial of any request for an extension of the delivery or performance schedule because of such delay. FORCE MAJEURE Proposer shall not be liable for delay in delivery or performance or for failure to give notice of delay when such delay is due to factors beyond its control, including, but not limited to, fires, strikes, explosions, governmental regulations, court orders or decrees, or acts of nature such as flood, wind, earthquake, tornado or hurricane. If the Proposer is unable to perform any of its obligations as a result of force majeure, Contractor shall immediately give written notice to the District of the date of inception of the force majeure condition and the extent to which it will affect performance. INDEMNIFICATION To the fullest extent permitted by applicable law, the Proposer and its agents, partners employees, and consultants (collectively "Indemnitors") shall and do agree to indemnify, protect, defend with counsel approved by the District, and hold harmless the District and its affiliated enterprises, representatives of the District, and their respective officers, directors, members of the board, partners, employees and agents (collectively "Indemnitees") from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses, including attorney fees, of any nature, kind, or description (collectively "Liabilities") of any person or entity whomsoever arising out of, caused by, or resulting from the performance of services, or provision of goods, by contractor pursuant to this contract, or any part thereof, which are caused in whole or in part by any negligent act or omission of the Proposer or, anyone directly or indirectly employed by it or anyone for whose acts it may be liable even if it is caused in part by the negligence or omission of any Indemnitee, so long as it is not caused by the sole negligence or willful misconduct of any Indemnitee. In the event more than one of the Indemnitors are connected with an accident or occurrence covered by this indemnification, then each of such Indemnitors shall be jointly and severally responsible to the Indemnitees for indemnification and the ultimate responsibility among such Indemnitors for the loss and expense of any such indemnification shall be settled by separate proceedings and without jeopardy to any Indemnitee. The provisions of this article shall not be construed to eliminate or reduce any other indemnification or right which the District or any of the Indemnitees has by law. Proposer shall protect and indemnify the District from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any United States patent, or copyright, arising by or out of any of the services performed or goods provided hereunder or the use by Proposer or by the District at the direction of Proposer of any article or material, provided that upon becoming aware of a suit or threat of suit for patent or copyright infringement, the District shall promptly notify Proposer and Proposer shall be given full opportunity to negotiate a settlement. Proposer does not warrant against infringement by reason of the District's design of articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, the District agrees to cooperate reasonably with Proposer and parties shall be entitled, in connection with any such litigation, to be represented by counsel at their own expense. The indemnities contained herein shall survive the termination of any agreement or purchase order for any reason whatsoever. 16 P a g e

17 REMEMDIES AND APPLICABLE LAWS This contract shall be governed by Alvin ISD and Service Provider shall have all remedies afforded each by the Uniform Commercial Code, as adopted in the State of Texas, except as otherwise provided in this contract or in statutes pertaining specifically to the State. This contract shall be governed by the laws of the State of Texas, and suits pertaining to this contract may be brought only in the courts of the State of Texas in Brazoria County. Service Provider hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et.seq. GENERAL PERFORMANCE REQUIREMENTS Performance shall commence upon execution of the contract by the Board President or designee and a written notice to proceed which must include a signed, original Purchase Order. Thereafter, all Work shall be coordinated, reviewed, and approved by the District Representative, or designee. The scope of this Contract and requirements of the District as described in the RFP and Proposal shall not be considered as binding on the District, and the Scope of Services awarded actually may be less than or greater than projected. Proposer warrants that all services performed under any resulting contract will be of the type and quality specified, and the District may reject and/or refuse Services, which fall below the quality specified in the RFP and resulting contract. Failure by the Proposer to make reasonable progress in accordance with the approved performance schedule shall entitle the District to seek services from alternate sources wherever available, with the right to seek reimbursement from the Proposer for amounts, if any, paid by the District over and above the contract price. All services performed under this contract, as required by the RFP shall be performed in the highest quality workmanship and shall in every respect meet or exceed the industry standards for this type contract. Failure of proposer to fully comply with the terms and provisions of this contract shall constitute grounds for declaring the Proposer in default of the contract. It is estimated that the services may be procured for one (1) initial year plus two (2) additional one (1) year terms. The actual terms of the agreement will be established in the contract. The agreement may be renewable for additional terms as stated elsewhere in this document or contract so long as both parties agree to the terms and conditions each succeeding year. Should the District enter into an agreement as a result of this Proposal, Proposer agrees that the District is a valued and substantial customer of the Proposer, and agrees that the District shall enjoy a most favored customer status, able to change rates, equipment, and participate in promotional activities of the Proposer at an equal rate to the lowest rates given to governmental, public, or individuals, and that these renegotiations will take place between the District and Proposer at times and place convenient to both. Re negotiation of rates, payments, and other necessary or desirable changes in a resulting agreement will take place between the District and Proposer at times and place convenient to both. Notwithstanding, no increase or decrease in rates or payments may be made without written consent of both parties, and countersigned by the appropriate designated representatives. 17 P a g e

18 RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the District or a duly authorized audit representative of the District, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Proposer's records and books relevant to all services provided under this Contract. In the event such an audit by the District reveals any errors/overpayments by the District, the Proposer shall refund the District the full amount of such overpayments within thirty (30) days of such audit findings, or the District, at its option, reserves the right to deduct such amounts owing the District from any payments due the Proposer. ACCESS TO DOCUMENTS To the extent applicable to this procurement, in accordance with applicable Public Law, Proposer agrees to allow, during and for a period of not less than four (4) years after the Contract term, access to this Contract and its books, documents, and records; and contracts between Proposer and its subcontractors or related organizations, including books, documents and records relating to same, by the Comptroller General of the United States, other governmental investigative agency, or their duly authorized representative(s), legally authorized to investigate alleged fraud, overcharge, or other diversion of funds from a public school district receiving Federal and State public funds. EVALUATION AND SELECTION CRITERIA Proposals will be reviewed by District Administration on the following criteria: Continuity of coverage Best value and extent of coverage as determined by District Administration. Experience of vendor with Texas school districts. Ease of enrollment, that is, whether or not specific individual student enrollment procedures are required. Quality of the optional student insurance product to be offered to all district students. Agents and/or insurance companies must have local claim investigation facility and provide a local or 800 phone number for the reporting of claims after normal business hours. All agents and companies must have the capability of corresponding and exchanging files via electronic method. Any company proposing coverage must be licensed by the State of Texas. All insurance companies must have an A. M. Best Rating of at least A- (as published in the most recent edition of the Rating Guide) to be considered. The Board reserves the right to waive all formalities, to be the sole judge of quality and suitability, and may reject any or all proposal items. 18 P a g e

19 SPECIFIC TERMS AND CONDITIONS OF THE REQUEST FOR PROPOSAL I. GENERAL INFORMATION AND REQUIREMENTS Alvin Independent School District is requesting proposals from qualified insurance companies to provide excess/stop loss insurance for its self-funded Workers Compensation program. The proposals will be received at the address shown below on or before 1:30 P.M., May 10, 2017 Any additional information needed or any questions are to be directed in writing/ to Mr Donnie B Marek a dbmarek@alvinisd.net To assure that proposals arrive at the proper destination on time and to prevent opening by unauthorized individuals, each submission must be sealed and identified on the envelope as follows: Proposal for W.C. Excess/Stop Loss Insurance - 5/10/17 Deadline. Attn: Alvin I.S.D. Administration Bldg. HUMAN RESOURCES DEPARTMENT 301 East House Alvin, Texas Donnie B Marek Two (2) copies of the proposal are to be included. No FAXED proposals will be accepted. The Alvin Independent School District reserves the right to reject any and/or all proposals, to make awards as they may appear to be advantageous to the District and to waive all formalities and irregularities in the proposals. A. Statement of Qualifications All proposals must complete the enclosed response form and provide all information requested. Any proposal that does not include fully completed response pages (Section IV) will be rejected. B. Selection Process * The District s administrative staff will evaluate all proposals. * Administrative staff will recommend the final selection to the Board. 19 P a g e

20 It is expected that the Board of Trustees will award the contract. While pricing is an important consideration, the Districts opinion of the provider s ability to best support all aspects of the program objectives will be the single most important part of the evaluation. C. Continuance of the Service Contract It is the intent of the District to continue under the selected arrangement for a period of September 1, or a two year policy. The coverage can be extended for an additional three years subject to annual review and the mutual agreement of both parties. D. Cancellation of the Service Contract It is agreed that the District may cancel the agreement at any time with 60 days written notice. E. Additional Information Information included in this RFP is believed to be complete and accurate; however, the submitter assumes all responsibility to verify any and all information. Contact Mr Donnie Marek a dbmarek@alvinisd.net in writing for additional information. Any additional information provided will be shared with all submitters via addendum(s) to the RFP. 20 P a g e

21 ALVIN I.S.D. Self-Funded Workers Compensation II. Excess Insurance Coverage Specifications A) Limits (Specific): Coverage A Statutory Texas W.C. Benefits Coverage B $1,000,000 / $1,000,000 / $1,000,000 B) Self Insured Retention Options: 1) $400,000 2) $450,000 3) $500,000 C) Aggregate Stop Loss Insurance Options: $1,000,000 D) Coverage Extensions: Cash flow endorsement 50% of the SIR per year Foreign Communicable disease All states USL&H if any E) Minimum Carrier requirements: Best Rating : A X Admitted in the State of Texas Policy form: Excess Workers Compensation/EL (include specimen) Minimum 5 years continuously providing Excess WC in Texas Minimum 10 current Texas ISD excess WC clients On line safety support services at no additional charge (Include description) Major case claims management guidance services at no additional charge (Include description) F) Minimum Agent Requirements: In business in Texas no less than 5 years Licensed recording agent in Texas (include copy) Licensed risk manager in Texas (include copy) A rated E&O carrier with minimum $10,000,000 limit (include certificate) Minimum 5 years experience providing excess WC in TX Minimum 3 current excess WC ISD clients in Texas (include references) G) Term: One and two year options (continued) G) Payroll Basis: Code 8810: $ 11,736,000 Code 8868: $117,787,000 Code 9101: $ 14,685,000 Total $144,208, P a g e

22 ALVIN I.S.D. Self-Funded Workers Compensation III. Underwriting Information Current Insurance Arrangements 10 Year Claims Summary (See Attached) 10 Year Large Claim Run ($100,000) (See Attached) 22 P a g e

23 ALVIN I.S.D. Self-Funded Workers Compensation Current Excess Insurance Arrangements Carrier: Term: Limits: Safety National Insurance Company Two-Year A. Statutory W.C. - $1,000,000 E.L. B. $1,000,000 Aggregate SIR: $400,000 Loss Fund Min.: 160% Premium rate:.07 TPA: Littleton 23 P a g e

24 IV. Workers Compensation Excess Insurance Response 1) Enclose a copy of the carriers quote 2) Enclose a specimen policy and endorsements. 3) Are all coverage, service and qualification specifications met?. If no, detail all exceptions: (Attach separate page if needed). A). B). C). D). 4) Will the carrier guarantee both the premium and loss fund rate for 2 Years? : (Attach details of any subject to ). 5) Are Allocated claims expenses: a) Included within (satisfies) SIR: b) Excluded from (in addition to) SIR: 6) # Years agent experience providing excess WC to ISD s in TX 7) Include a copy of TX recording agents and risk management licenses 8) Minimum Agents E&O insurance limit $10,000,000 with an A rated carrier (include a certificate of insurance) 9) Attach agency I.S.D. client listing with name of contact and phone number for references. Submitted By: Signature Date Name: Agency: Address: Telephone: Fax: 24 P a g e