REQUEST FOR PROPOSALS (RFP) NO

Transcription

1 LOS ANGELES COMMUNITY COLLEGE DISTRICT CITY EAST HARBOR MISSION PIERCE SOUTHWEST TRADE-TECHNICAL VALLEY WEST ADMINISTRATIVE OFFICES: 770 WILSHIRE BOULEVARD, LOS ANGELES, CALIFORNIA / Dr. Francisco Rodriguez, Chancellor REQUEST FOR PROPOSALS (RFP) NO RFP Schedule for Insurance Brokerage and Risk Management Consulting Services RFP Issued: Friday, April 3, 2015 Written Questions: 4:00 pm, PST, Monday, April 20, 2015 Proposals Due: 2:00 pm, PST, Friday, May 15, 2015 Anticipated Award of Contract: Wednesday, June 11, 2015 CONTRACTS UNIT 770 Wilshire Boulevard, 6th Floor Los Angeles, CA (213)

2 Contents Contents... 2 ACRONYMS and DEFINITIONS... 4 I. INTRODUCTION Purpose of RFP... 7 II. SCOPE OF SERVICES Description of Services Term of Contract... 8 III. BACKGROUND... 8 IV. SCHEDULE AND SUBMITTAL RFP Schedule Deadline and Procedures for Proposal Submittal V. PROPOSER REPRESENTATIONS VI. GENERAL INFORMATION AND GUIDELINES DISTRICT CONTACT PERSON UNAUTHORIZED COMMUNICATIONS INTERESTED PARTIES ORAL COMMUNICATIONS RFP ADDENDA/CLARIFICATIONS PROPOSER CLARIFICATIONS FALSE INFORMATION DISTRICT CONFIRMATION SUBCONTRACTORS NO JOINT OFFERS ACCEPTED DISTRICT DETERMINATIONS STANDARD AGREEMENT EXCEPTIONS / DEVIATIONS RESPONSIVENESS INABILITY TO PERFORM AUTHORIZATION TO DO BUSINESS/ LICENSING NO DISTRICT COMMITMENT PRE-CONTRACTUAL EXPENSES WITHDRAWAL: PROPOSAL IRREVOCABLE FOR 120 DAYS EXEMPTION FROM DISCLOSURE IMMATERIAL DEFECTS IN PROPOSAL NEWS RELEASES USE OF DISTRICT EMPLOYEES NAMES CONTRACTOR EVALUATION PROTESTS OTHER DISTRICT RIGHTS VII. DEADLINES AND PROCEDURES FOR SUBMITTING PROPOSAL Submission of Proposal Addenda or Amendments to RFP Withdrawal VIII. PROPOSAL FORMAT AND CONTENT General Required Format of the Proposal

3 8.3 Required Content of the Proposal VIII. PROPOSAL EVALUATION AND CONTRACT AWARD A. General B. Evaluation Procedures C. Evaluation Criteria D. Contract Award SCHEDULE OF EXHIBITS Exhibit A: Noncollusion Affidavit Exhibit B: Certificate of Non-Discrimination Exhibit C: Completed Confidentiality Agreement Exhibit D: Acknowledgement of all addenda issued by the District Exhibit E: Exceptions and Deviations to the Standard Form Agreement 3

4 ACRONYMS and DEFINITIONS For the purpose of this RFP the following definitions will apply: Bid A firm offer from a supplier to sell the District goods or services at a specific price for a procurement estimated to cost more than the Large Purchase threshold in which award will be made to the supplier offering the lowest price, all other factors being equal. Bids must be solicited through an Invitation for Bids ( IFB ) and submitted sealed in writing, to the District by mail or personal delivery; faxed or ed submittals are not acceptable. If the procurement is estimated to cost less than the Large Purchase threshold, offers may be solicited as Quotes rather than as Bids. Bid Threshold The dollar amount above which California state law, as specified in Public Contract Code section 20651, requires a procurement transaction to be acquired through formal sealed bidding. The amount started at $50,000 and is increased effective January 1 of each year by the Board of Governors of the California Community Colleges based on an inflation index. As of January 1, 2015, the Bid Threshold was $86,000. Board The Board of Trustees of the Los Angeles Community College District. Board Approval An action taken by the Board of Trustees to authorize a purchase order or contract for services BEFORE the award, commencement or issuance of a contract or purchase order. This action is taken by the board in the public session of a board meeting. Board Ratification An action taken by the Board of Trustees to authorize a purchase order or contract for services AFTER the award, commencement or issuance of a contract or purchase order. This action is taken by the board in the public session of a board meeting. Purchase orders and contracts requiring board ratification must be ratified within 60 calendar days of purchase order issuance or contract commencement. College Any of the nine colleges within the Los Angeles Community College District and, when referring to a Location, the District Office. A College includes all of its satellite campuses. College President or President The President of any of the nine Colleges within the Los Angeles Community College District and, at the District Office, the Deputy Chancellor. College Procurement Specialist (CPS) One of three (3) regional procurement professionals in the District who: (a) is responsible for serving three colleges; (b) resides at one of his/her three assigned Colleges, and (c) reviews, 4

5 approves/releases Medium Purchase transactions initiated by the Colleges. The CPS reports directly to the Vice Presidents of Administrative Services at his/her three Colleges and coordinates with the Contracts and Purchasing Manager at the District Office. Contracts and Purchasing The Contracts and Purchasing Section within the Business Services Division housed at the District Office. District The Los Angeles Community College District, including any or all of its colleges and locations. E&O shall mean Error and Omissions Goods Supplies, materials, equipment or other Personal Property procured by the District for its business use. Invitation for Bids ( IFB ) Also referred to as Formal Advertising, the solicitation used to request sealed Bids in accordance with Public Contract Code section et seq. and Education Code section et seq. Large Purchase A procurement transaction at or above the formal bid dollar amount ($86,000 as of January 1, 2015) at which sealed bids must be solicited as prescribed in Public Contract Code section Also, Professional Services valued above the Large Purchase threshold that are procured through a Request for Proposals process. License A contract authorizing a nonexclusive use, but not ownership, of property. A Permit for Use and a Civic Center Permit are licenses authorizing other parties use of District Real Property. Location Any of the nine Colleges and the District Office, for a total of 10 Locations within the District. A satellite campus is deemed to be a part of its associated College. Personal Property Any property that is not Real Property; any Goods. Personal Service Routine labor for which no special training, education or certification or license is required, such as maintenance, which is not a professional service. Personal Services reasonably projected to cost more than the Large Purchase threshold must be procured through the issuance of an Invitation for Bids. Procurement A purchase order, contract, lease, license, authorization of payment, authorization to pay library materials, purchasing card transaction, or other method used within the District to acquire Goods or Services for the benefit of the District. Also, the act of purchasing or contracting for goods or services. Professional Service Also referred to as Special Service, labor which is 5

6 described in Government Code section Professional Services are deemed to be exempt from the requirement in Public Contract Code section for sealed bidding. However, if the estimated value equals or exceeds the Large Purchase threshold, a Request for Proposals process is customarily used to procure the service. Proposal A firm offer from a supplier to sell the District Goods or Services at a specific price for a procurement in which award will be made based on price and other factors considered together. Proposals are to be solicited only for Professional Services and electronic data processing equipment and other Goods and Services as referenced in Request for Proposals below. Quote A firm offer from a supplier to sell the District Goods or Services at a specific price for a procurement costing less than the Large Purchase Bid threshold in which award will be made to the supplier offering the lowest price, all other factors being equal. Unless otherwise specified, a Quote may consist of a catalog price or an ed, faxed, mailed or hand delivered written offer. Copies of, or other evidence of solicited or received, Quotes must be retained by the initiator. If the procurement is estimated to cost more than the Large Purchase threshold, offers must be solicited as sealed Bids rather than as Quotes. Real Property Land, buildings, and their structural components; also infrastructure improvements, such as roads and sewers. Request for Proposals ( RFP ) The solicitation used to solicit Proposals for Professional Services as described in Government Code section and electronic data processing equipment and other Goods and Services as described in Education Code section Services Labor, as distinguished from Goods, purchased by the District for its business use. See also Personal Services and Professional Services. Vice President of Administrative Services The Vice President of Administrative Services or Vice President of Administration at a College. At the District Office the responsibilities identified to a Vice President of Administration at a college location may be the responsibility of the Risk Manager. The Vice President of Administrative Services typically oversees the procurement function at the colleges. 6

7 I. INTRODUCTION 1.1 Purpose of RFP The Los Angeles Community College District ( District ) invites the submission of Proposals from firms with expertise and experience in providing Insurance Brokerage and Risk Management Consulting Services. The selected Proposer shall perform all Services and functions associated with Insurance Brokerage and Risk Management Consulting Services as required in this RFP. The Services contemplated are professional in nature. The Proposer must be financially solvent and each of its members if a joint venture, its employees, agents or subcontractors of any tier shall be competent to perform the services required under this RFP document. It is understood that the selected Proposer acting as an individual, partnership, corporation or other legal entity, is of professional status, licensed to perform in the State of California and licensed for all applicable professional discipline(s) requiring licensing and will be governed by the professional ethics in its relationship to the District. 1.2 Internet Access to this RFP All materials related to the RFP will be available on the internet at II. SCOPE OF SERVICES 2.1 Description of Services The successful Proposer ( Contractor ) shall perform those services necessary to provide risk management consulting and brokerage services to the District relative to the selected liability, property and Accidental Death and Dismemberment (AD&D) risks only. Such services shall include, but are not limited to: 1. Analyze the frequency and severity of risks; 2. Loss trending and benchmarking; 3. Marketing and placement of insurance; 4. Issue certificates of insurance and occasionally review vendor contracts; 5. Perform incidental safety and loss control services including obtaining motor vehicle reports; and 6. Report claims and act as a liaison and an advocate for the District with insurance companies and participate in claims reviews 7. Market the District to the broadest insurance marketplace for the cost effective and timely placement of property and casualty coverage for all District functions, operations and programs 7

8 2.2 Term of Contract Any contract awarded pursuant to this RFP solicitation shall be for a term of one year with up to four (4) District-optional one-year contract extensions for a combined total of five (5) years or five renewal cycles. III. BACKGROUND The District is the largest community college district in the state. The District has nine colleges and over 110,000 students. Within District boundaries, there are five million residents from the City of Los Angeles plus a number of surrounding communities and unincorporated areas. Enrollment at the nine colleges makes up eight percent of all California community college enrollment and six percent of all public undergraduate enrollment in the state. The District has an annual budget in excess of $600,000,000 and employs nearly 4,000 fulltime equivalent employees, and approximately 6,500 part-time employees. The District estimates the total annual FY payroll (included proposed salary increases) of approximately $443,343,116. The District purchases various property and casualty coverage as outlined in the table. (BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 8

9 Table of Insurance Coverage Coverage: Policy Insured Value: Limits: Excess Worker Comp. 7/1/2014-7/1/2015 $25M x $750K SIR Property 7/1/2014-7/1/2015 $2,645,018,141 $600M x $25K SIR Earthquake-Primary 7/1/2014-7/1/2015 $26,381,250 $5M x 5% subject to $25K minimum Earthquake-Excess 7/1/2014-7/1/2015 5% subject to $25K Excess Liability (First layer)- minimum 7/1/2014-7/1/2015 $40M x $1.5 SIR Any One/Each occurrence (subject to sublimits) Excess Liability (Second layer) $15M over $40M 7/1/2014-7/1/2015 $15M x $40M (over various sublimits) Southgate Liability 7/1/2014-7/1/2015 $2M x $1K Swap Meet Liability 7/1/2014-7/1/2015 $1M per occurrence; $2M aggregate x $1K Crime 7/1/2014-7/1/2015 $5M x $25K SIR Athletic Participant 7/1/2014-7/1/2015 $5M x $0 Liability Aircraft Liability 7/1/2014-7/1/2015 $5M x $0 Pierce Vet Professional 7/1/2014-7/1/2015 $1M x $1K Liability Student Field Trip 7/1/2014-7/1/2015 $50K x $0 Accident Employee Trip Travel 7/1/2014-7/1/2015 $100k x $0 Accident Equestrian Participant 7/1/2014-7/1/2015 $1M x $0 Liability Equestrian Liability 7/1/2014-7/1/2015 $5M x $0 (First layer) Equestrian Liability 7/1/2014-7/1/2015 $4M x $0 (Second layer) Equestrian Contestant 7/1/2014-7/1/2015 $25K x $250 Accident Coverage Vincent Price Art 7/1/2014-7/1/2015 $2M x $1K Museum-East Fine Arts-Pierce 7/1/2014-7/1/2015 $250K x $1K Film Production 7/1/2014-7/1/2015 $1M per occurrence; $2M aggregate x $0 Athlete & On-Campus Accident 7/1/2014-7/1/2015 $25K Base; $25K Catastrophic X $100 9

10 The inclusion of the coverage in the table above is an example of existing coverage, and not meant to imply or otherwise limit coverage options that may be available to the District for current and future programming and operational needs. The selected proposer shall be required to provide same/similar coverage and provide analysis of the District s ongoing program and operations, and recommend coverage changes as may be required to sufficiently protect the District against financial loss for newly developed programs, or changes to current programs and/or operations. IV. SCHEDULE AND SUBMITTAL 4.1 RFP Schedule EVENT DAY DATE A. RFP Issued Friday April 3, 2015 B. Last day to receive written inquiries regarding proposal Monday April 20, 2015 C. Responses to written inquiries by issued, Monday April 27, 2015 if required D. Proposal due date Friday May 15, 2015 E. Notice of Award Thursday June 11, 2015 The District reserves the right, at any time to make adjustments in the form of additions, modifications or deletions to the RFP schedule. Such adjustments, if any shall be made by RFP Addendum. References in the RFP Documents to the RFP Schedule or to date in the RFP Schedule shall mean the RFP Schedule as so adjusted. A. Written Questions and/or Requests for Clarification Proposers are asked to defer all questions regarding this RFP for the pre-proposal conference. Where questions are known in advance, Proposers are encouraged to submit these in writing at least two (2) days prior to the conference. Written questions after the conference are to be submitted in accordance with the instructions given below for post-conference questions. After the pre-proposal conference, questions or comments regarding this RFP (except to inquire about the number of addenda issued) must be put in writing and received by the District no later than 4:00 p.m. PST on Monday, April 20, Written questions are to be ed to McFarlD@ .District.edu with the subject line, RFP 15-02: Insurance Brokerage and Risk Management Consulting Services. The District shall not be obligated to answer any questions received after the above-specified deadline or any questions submitted in a manner other than as instructed above. 10

11 4.2 Deadline and Procedures for Proposal Submittal The proposer shall submit to the District one (1) printed original and ten (10) copies of its proposal, together with one (1) copy of a CD or USB drive containing an electronic version of the proposal in Microsoft Word format, addressing each of the items in this RFP and must be received by the DISTRICT no later than 2:00 p.m., PST on Friday, May 15, Proposals are to be enclosed in a sealed package displaying the proposer s name and the words. Proposal Responding to RFP No. 15-XX; Insurance Brokerage Risk Management Services Mail or deliver proposals to: Los Angeles Community College District Attention: Dorothea Mc Farline, Contracts Analyst 770 Wilshire Blvd., 6 th Floor Los Angeles, CA Any proposals received after the time and date above may, at the District s sole discretion may be returned unopened or set aside without consideration. Delivery of the proposal by the specified deadline is the sole responsibility of the Proposer to ensure that its proposal is delivered on time. If hand delivered, ample time should be scheduled for delays caused by downtown Los Angeles area traffic and parking. The District does not provide parking accommodations to proposers submitting proposals. The District shall not be responsible for, nor accept as a valid excuse for late proposal receipt, any delay in mail service or other method of delivery used by the Proposer except where it can be established that the District was the sole cause of the late receipt. Proposals submitted via fax, telephone or will not be accepted. The District intends that all proposals, regardless of method of submittal, remain unopened until after the deadline has passed for receipt. However, the District shall not be liable for damages alleged to arise from, nor accept as the basis for protest of a contract, the circumstances where the District inadvertently opens a proposal prior to the deadline. V. PROPOSER REPRESENTATIONS Each Proposer submitting a Proposal in response to this RFP is deemed to have made the following representations: Proposer represents that its Proposals fully comply with the requirements of the RFP Documents. Proposer represents that each person who signed a document that is included in the Proposer s Proposals was at the time of signing, and for the duration of Proposer s participation in the RFP process provided for in these Instructions shall remain, authorized to so sign on behalf of and to bind the Proposer. 11

12 If the Proposer is a corporation, limited liability company, or limited partnership, Proposer represents that it is, and for the duration of Proposer s participation in the RFP process provided for by these Instructions shall remain, registered with the Office of the Secretary of State for the State of California and authorized under Applicable Laws to business in the State of California with a legal status determined by said Office of the Secretary of State of active and in good standing. Proposer represents that it has carefully reviewed the proposed Agreement and that the terms and conditions thereof are satisfactory to Proposer and represent in the opinion of the Proposer a fair and reasonable allocation and sharing of risks and responsibilities. Proposer represents that it has carefully reviewed all of the exhibits attached hereto and taken all matters disclosed thereby into consideration in preparing and submitting its Proposals. Proposer represents that it is, and at all times during the performance under the Agreement shall be, in full compliance with the provisions of the Immigration Reform and Control Act of 1986 ("IRCA"), as well any similar provisions of Applicable Laws setting forth proscriptions or penalties relating to the employment or hiring of undocumented aliens. Proposer represents that, at the time of submission of its Proposals, Proposer and each of its Sub-consultants and/or subcontractors possesses any licenses that may be required to hold under the terms of the RFP Documents, as well as any other licenses (if any) that it is required by Applicable Laws to hold in order to perform those services that it anticipates it will be required to perform under the terms of the Agreement. Proposer, being familiar with California Government Code 1090 et. seq. and et seq., represents that it does not know of any facts occurring in connection with the Proposer s preparation for, or participation in, the herein described RFP process that constitute a violation thereof and has disclosed in a separate letter attached to their proposal of any possible interests, direct or indirect, which Proposer believes any official, officer, agent, or employee of the District or any of its Colleges, or any department thereof, has that might cause such official, officer, agent, or employee to be financially interested" (as that term is defined the aforecited statutes) in any decision made by District in connection with the procurement that is the subject of this Request for Proposal. In accordance with Public Contract Code section 2204 (a), the Proposer certifies and represents that at the time its Proposal(s) are submitted, the Proposer is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section , or as a person described in subdivision (b) of Public Contract Code section , as applicable. Proposers are cautioned that making a false certification and representation may subject the Proposer to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 12

13 2205. Proposer agrees that submission of its Proposal(s) shall constitute Proposer s certification and representation as aforesaid. VI. GENERAL INFORMATION AND GUIDELINES 6.1 District Contact Person Dorothea Mc Farline Contracts Analyst Los Angeles Community College District Contracts Unit, 6 th Floor 770 Wilshire Boulevard Los Angeles, CA TEL: McFarlD@ .laccd.edu 6.2 Unauthorized Communications Proposers shall not, prior to Award, contact or communicate, either verbally or in writing, with any of the following persons (other than the person named above) for the purpose of discussing the requirements of the RFP Documents or the RFP process: (1) any trustee, officer, employee, or representative of the District; or (2) any consultant, or employee of a consultant, providing the District with assistance, advice, or professional services relating to the matters covered by the RFP Documents or who is involved in any aspect of the RFP evaluation or scoring processes. Unauthorized communication by a Proposer in violation of the foregoing may result in disqualification. 6.3 Interested Parties Firms who are advisors to the District in respect to the RFP process are not allowed to submit, or participate in submission of, Proposals. A Proposer shall not participate in, or be interested in, more than one Proposal. For purposes of this paragraph, interested in means having a managerial or financial interest in another Proposer or a Subcontractor to another Proposer. Notwithstanding the foregoing, a Subcontractor may be proposed as a subcontractor to more than one Proposer. 6.4 Oral Communications Any oral communications by the District s Contact Person(s) or designee concerning this RFP is not binding and shall in no way modify the RFP or the obligations of the District, the Proposer or Contractor. Any necessary modifications shall be made by written addenda issued by DISTRICT. 13

14 6.5 RFP Addenda/Clarifications If it becomes necessary for DISTRICT to revise any part of this RFP, or to provide clarification or additional information after the proposal documents are released, written addenda will be posted at Services/Pages/default.aspx. It shall be the responsibility of the proposer to check the website for addenda issued. All addenda issued shall become part of the RFP. Proposer s acknowledgement of the addenda must be declared in the proposal- See Exhibit D. 6.6 Proposer Clarifications Without limitation to the District s rights relating to the conduct and content of Negotiations, the District reserves the right, but assumes no obligation to, at any point in the RFP process to contact a Proposer directly, without notice to other Proposers, for purpose of obtaining clarifications of, or to address minor irregularities, informalities, or apparent clerical mistakes in, a Proposal ( Proposer Clarifications ). Where the District determines that there is a need and justification for seeking Proposer Clarifications, the District may request Proposer Clarifications from some Proposers and not other Proposers. If Proposer Clarifications are sought from all Proposers, the questions asked may be different for each Proposer. 6.7 False Information In addition to and without limitation upon any other requirements of the RFP Documents, the District reserves the right, but assumes no obligation, to disqualify any Proposer and reject any Proposal should District determine that any information submitted by the Proposer is false, incorrect, or materially incomplete. 6.8 District Confirmation The District reserves the right, but assumes no obligation, to confirm through any means available to the District the truth, accuracy, or completeness of any information contained within the resumes or other information submitted by a Proposer or communicated by a Proposer or a Subcontractor during face-to-face communications with the District or its representatives or consultants administering the RFP process. 6.9 Subcontractors Proposers are permitted to provide for a portion of the Basic Services to be performed by one or more consultants or contractors retained by the Proposer (collectively, subcontractor ) provided that each subcontractor proposed to be used is identified in the Proposal by name, contact person, telephone number, fax number, address, and a description of the portion of Basic Services to be performed by the subcontractor. 14

15 6.10 No Joint Offers Accepted Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime/subcontractor basis rather than as a joint venture or informal team. For this engagement, DISTRICT intends to contract with an individual firm and not with multiple firms doing business as a joint venture. Accordingly, where two or more firms desire to join in preparing and submitting Proposals, they should do so on a prime-subcontractor basis, rather than as a joint venture or informal team. The firm acting as the prime, if it receives the Award, will enter into the Agreement with the District. An example of such an arrangement in this RFP would be in regards to armored car services. Proposers which do not offer this service in-house would subcontract that work to an armored car service provider District Determinations The District shall have the right to make all determinations and interpretations relating to the RFP Documents or the RFP process, including, without limitation, any Proposer s compliance with the RFP Documents or its qualifications to participate in the RFP process, and all such determinations shall be final and binding Standard Agreement The Proposer(s) selected for contract award through this RFP shall be required to enter into a written agreement with the District. The Standard Agreement for professional services presented in Exhibit B of this RFP is the contract proposed for execution. It may be modified to incorporate other pertinent terms and conditions set forth in this RFP, including those added by addendum, and to reflect the Proposer's offer or the outcome of contract negotiations, if any. Exceptions and requested changes to the terms and conditions of the Standard Agreement, or the Proposer's inability or unwillingness to comply with any of the provisions of the Standard Agreement, must be declared in the proposal and will be considered as part of the proposal evaluation process. Proposers may include special terms and conditions for these services as appropriate; however, they must comply with Section V.M: Exceptions/Deviations below for consideration. It is the District s sole right and privilege to disregard any suggested language provided by proposers included in their response. By responding to this RFP, proposers warrant that they have taken any and all costs and/or risk and liability associated with the Standard Form Agreement into account in their price proposals Exceptions / Deviations Any exceptions to, deviations from, or inability to comply with the requirements set forth in this RFP or the terms and conditions contained in the Professional Services Agreement, must be declared in writing in Exhibit E (within the proposal; failure to do so will prevent proposer from asserting its inability to comply with the terms or conditions later on. Such exceptions or deviations must be segregated as a separate element of the proposal under Exhibit E - "Exceptions and Deviations to the Professional Services Agreement." The District will make a 15

16 good faith effort to consider contractual issues identified by proposers and DISTRICT requires all proposers to similarly make a good faith effort to comply with the District s sample agreement terms and conditions. Proposals that mandate the use of vendor standard services contract, rather than utilizing the District s standard services contract will result in that vendor s proposal being judged non-responsive and these proposals will be rejected. Proposals that reject the following integral provisions of the District's contract terms and conditions will be treated as a rejection of the District's contract and these proposals will be rejected. Section 2 Warranties Section 12 Waiver of Damages/Indemnity Section 16 Governing Law Section 17 Non-Discrimination Section 20 Board Authorization The proposer's attention is directed particularly to Section 13 in the Professional Services Agreement, which specifies the minimum insurance requirements that must be met by the successful proposer(s). The proposer's inability or unwillingness to meet these requirements as a condition of award must be stated as an exception in the proposal Responsiveness A Proposer who submits a Proposal that does not conform to, or who does not conduct itself in accordance with, the requirements of the RFP Documents may be found to be non-responsive. The District shall have the right, but not the obligation, to take all or any combination of the following actions in response to a Proposer who is found to be non-responsive: (1) either before, during, or after scoring Proposals, disqualify such Proposer from further participation in the RFP process; (2) deny an Award to such Proposer; or (3) instruct the evaluators that they may or shall take into consideration such non-responsiveness in their scoring. The District s rights as described above are discretionary and as such may be exercised, not exercised, or exercised in any manner, as the District determines appropriate in its sole and absolute discretion. If identical violations of the RFP Documents occur by more than one Proposer then the District shall endeavor to enforce the requirements of the RFP Documents in a manner that affords, as much as possible, equal or comparable treatment to all such violating Proposers; provided, however, that where identical violations are scored by the evaluators it is recognized that there may be variations in scoring among different evaluators and such variations shall not be considered unequal treatment. Consistent with the discretionary nature of the District s rights relative to the question of the non-responsiveness of a Proposer, wherever in the RFP Documents a term or condition of the RFP Documents is described using words or phrases such as required, mandatory, shall, no less (or more) than, at least, at a minimum, or words or phrases having a similar meaning, such words or phrases shall be interpreted as being intended to draw the Proposers attention to certain terms or conditions of the RFP Documents that if not met may result in disqualification or a negative scoring and shall not be interpreted as obligating the District to disqualify a Proposer or negatively score a Proposal that does not conform to the stated term or condition or as limiting the District s right to determine a Proposer non-responsive to a finding of noncompliance with those terms and conditions or as precluding the District from finding a Proposer nonresponsive based on its noncompliance with another term or condition of the RFP Documents wherein such words or phrases are not used. 16

17 6.15 Inability to Perform Any Proposer who, at any point in time during the RFP process, is determined by the District, in the exercise of its sole discretion, to be unable to perform the Agreement may be declared disqualified by the District and if disqualified will not be allowed to participate further in the RFP process Authorization to do Business/ Licensing The Proposer must be authorized to do business in the State of California and, if applicable, in the local jurisdiction in which it is located or where the work will be performed. If a Proposer is a sole proprietorship or partnership, the Proposer should furnish with its proposal a copy of a current business license issued in California. If the Proposer is a corporation, it must be approved by the California Secretary of State to do business in California and should furnish with its proposal the corporate number issued by the Secretary of State. Each Proposer is required to possess at the time of submitting its Proposal, and at all times during the RFP process (and, in the case of the Proposer that receives award, at the time of award, upon execution of the Agreement, and at all times during performance of the Agreement) any licenses required by Applicable Law for the performance of the Agreement No District Commitment Without limitation to any of the District s other rights under the RFP Documents, Applicable Laws, or the terms of the Agreement, the District reserves the right, exercised at any time and in its sole and absolute discretion, to do any of the following: (1) reject any Proposal that fails to comply with and of the requirements of the RFP Documents; (2) reject all Proposals; (3) make a determination that Proposer is disqualified from participating in the RFP process due to its being found not responsible or unable to perform the services contemplated by the RFP; (3) cancel all or a part of the RFP, with or without offering any Proposer the opportunity to participate in any future RFP process for the same or similar services; or (4) make Award to any Proposer or to no Proposer. Exercise by District of its rights under this paragraph shall not, under any circumstances, give rise to any liability or obligation on the part of District nor shall it constitute grounds for any claim by a Proposer for recovery from District of any loss, damage, cost, or expense. Nothing stated in this RFP and no action taken in response to this RFP, save and except for mutual execution of the Agreement that is approved by the Board of Trustees, shall constitute, or be interpreted as, creating any legal obligation on the part of the District to any Proposer Pre-Contractual Expenses The District shall not be liable for pre-contractual expenses incurred by the Proposer in the preparation of its proposal and Proposers shall not include any such expenses in their offers. Pre-contractual expenses are defined as expenses incurred by the Proposer to: (1) prepare and submit its offer to the District; (2) negotiate with the District on any matters related to this RFP; and (3) any other expenses incurred by the Proposer prior to the date of award, if any. Issuance of this RFP and receipt of proposals does not commit the District to award a contract. The District reserves the right to postpone the award for its own convenience, to accept or reject 17

18 any or all proposals received in response to this RFP, to negotiate with more than one Proposer simultaneously, or to cancel all or part of this RFP Withdrawal: Proposal Irrevocable For 120 Days A Proposer may withdraw its proposal at any time prior to the submittal deadline by sending the District a request in writing from the same person who signed the submitted proposal. As of the deadline for submittal, any proposal received by the District and not withdrawn becomes an irrevocable offer available for acceptance by the District immediately and for one hundred and twenty (120) days thereafter. The Proposer is responsible for the accuracy of the proposal submitted, and no allowance will be made for errors or price increases that the Proposer later alleges are retroactively applicable Exemption From Disclosure Proposals will remain confidential in their entirety until the evaluation and analysis process is complete and a recommendation of an award has been submitted to the Los Angeles Community College District, except for information declared at the proposal opening date. All proposals submitted will become the property of the Los Angeles Community College District. The preparer must identify, in writing, all copyrighted material, trade secrets, or other proprietary information as Proprietary and Confidential Information that the preparer claims are exempt from disclosure under the Public Records Act (California Government Code Section 6250 et seq.). Any firm claiming such an exemption must also state in the proposal that the proposer agrees to indemnify and hold harmless the Los Angeles Community College District, its Board of Trustees, and its officers, employees and agents, from any claims, liability, or damages against, and to defend any action brought against above said entities for their refusal to disclose such material, trade secrets, or other proprietary information by any party." Failure of a proposal to include such a statement will be deemed a waiver of any exemption from disclosure under the Public Records Act. A blanket statement that all contents of the proposal are confidential or proprietary will not be honored by the District Immaterial Defects In Proposal The District may waive any immaterial deviation or defect in a proposal. The District s waiver shall in no way modify the RFP documents or excuse the Proposer from full compliance with the RFP if awarded the contract News Releases News releases pertaining to any award resulting from this RFP may not be issued without the prior written approval of the District. 18

19 6.23 Use of District Employees Names The successful Proposer must agree not to use the names or addresses of District employees for any purpose not directly related to this RFP Contractor Evaluation At the conclusion of the contract, the District may evaluate the contractor s performance. The results of this evaluation may be considered by the District in evaluating future proposals from the contractor and may be shared with other parties considering engaging the contractor Protests Any proposer that has provided a sealed bid or proposal to the DISTRICT may protest the solicitation or award of a contract for violations of District s procurement policies or of laws and regulations governing District s procurement activities, provided the proposer has complied with PP-04-09, Bid Protest and Appeals. The Annual Adjustment Bid threshold for 2015 is $86,000. In order to be considered, all protests must be in writing and filed with and received by DISTRICT, not more than five (5) business days following the date of issuance of the District s Notice of Intent to Award with the contact below. The protest letter must state the basis for the protest and the remedy sought. Protests received by DISTRICT after this date will be returned to the sender. Director of Business Services Los Angeles Community College District 770 Wilshire Blvd, 6th Floor Los Angeles, CA Failure to timely file the proposal protest shall constitute grounds for the District to deny the proposal protest without further consideration of the grounds stated therein Other District Rights The rights, powers, and discretion expressly conferred upon the District under the RFP Documents are not intended to be exclusive but are cumulative and in addition to, and not a substitute for, every other right, power, or discretion existing or available to the District under the RFP Documents or Applicable Laws. 19

20 VII. DEADLINES AND PROCEDURES FOR SUBMITTING PROPOSAL 7.1 Submission of Proposal The proposer shall submit to the District one (1) printed original and six (6) copies of its proposal, together with one (1) copy of a CD or USB drive containing an electronic version of the proposal in Microsoft Word format, addressing each of the items in this RFP and must be received by the District no later than 2:00 p.m., PST, Friday, May 15, Proposals are to be enclosed in a sealed package displaying the proposer s name and the words, Proposal Responding to RFP No ; Insurance Brokerage and Risk Management Consulting Services. Mail or deliver proposals to: Los Angeles Community College District Attention: Dorothea Mc Farline, Contracts Analyst 770 Wilshire Blvd., 6 th Floor Los Angeles, CA Any proposals received after the time and date above may, at the District s sole discretion of the District, be returned unopened or set aside without consideration. Delivery of the proposal by the specified deadline is the sole responsibility of the Proposer to ensure that its proposal is delivered on time. If hand-delivered, ample time for delays caused by downtown Los Angeles area traffic and parking. District does not provide parking accommodations to proposers submitting proposals. It is the sole responsibility of each proposer to ensure that its proposal is delivered on time. It is the practice of LACCD not to consider late proposals unless it is determined that a selection cannot be made from among proposals received on time. The District shall not be responsible for, nor accept as a valid excuse for late proposal receipt, any delay in mail service or other method of delivery used by the Proposer except where it can be established that the District was the sole cause of the late receipt. If hand-delivered, proposer should allow ample for delay caused by downtown Los Angeles area traffic and parking. Proposals submitted via fax, telephone or will not be accepted. The District intends that all proposals, regardless of method of submittal, remain unopened until after the deadline has passed for receipt. However, the District shall not be liable for damages alleged to arise from, nor accept as the basis for protest of a contract, the circumstances where the District inadvertently opens a proposal prior to the deadline. Proposals must be organized in the order presented in this RFP. Proposals not organized in the prescribed manner may be eliminated from consideration. The Vendor must respond, in order, to all of the items listed in the RFP, using a numbering system that corresponds to the numbering of any questions. Proposals must be comprehensive and concise. 20

21 Supplemental technical information, product literature, and other supporting materials that further explain or demonstrate Vendor's capabilities may also be included as addenda to a submitted proposal. Proposals are limited to fifteen (15) pages, no less than a 10pt font. 7.2 Addenda or Amendments to RFP If the District deems it appropriate to issue one or more addenda or amendments to this RFP, the District will mail written addenda to all Vendors and/or post them on the LACCD website. The LACCD may, by written notice, revise or amend this RFP prior to the deadline for receipt of proposals. If, in the opinion of the LACCD the revision or amendment will require material changes in proposals, the deadline for receipt of proposals may be extended solely at the discretion of the LACCD. This RFP may not be orally amended. The LACCD may request a clarification of a specific proposal, but proposals shall not be changed after the deadline of receipt of proposals 7.3 Withdrawal Proposals may be withdrawn by a Vendor any time prior to the proposal due date. VIII. PROPOSAL FORMAT AND CONTENT General Each firm submitting a proposal must follow the instructions contained in this RFP in preparing and submitting its proposal. The proposing firm is advised to thoroughly read and follow all instructions. A proposal must contain all of the information in the order and format indicated below. All terms and conditions set forth in this RFP will be deemed to be incorporated by reference in their entirety into any response submitted by your firm. All proposals received and any information contained therein, are subject to disclosure in accordance with the California Education Code. Interested firms must respond to all of the questions listed below. In your proposal please respond to each question by repeating the question at the top of the section and referring to the question by the numbers used in this RFP. 8.2 Required Format of the Proposal Proposals are to be submitted in 8 1/2 x 11 size, typed in a font size no less than 12 and submitted in paper form, bound with a simple method of fastening. Lengthy narrative is discouraged; presentations should be brief and concise and not include extraneous or unnecessarily elaborate promotional material. Supplemental technical information, product literature, and other supporting materials that further explain or demonstrate Vendor's capabilities may also be included as addenda to a submitted proposal.

22 Proposers should use the following outline in organizing the contents of their proposals: 22 A. Cover Letter B. Table of Contents C. Qualifications, Related Experience and References D. Proposed Staffing and Project Organization E. Work Plan /Technical Approach F. Service Fees G. Exceptions/Deviations H. Appendices 8.3 Required Content of the Proposal In order to adequately compare and evaluate proposals objectively, all proposals must be submitted in accordance with the format below. In your proposal, please respond to each question by repeating the question at the top of the section and referring to the question by the numbers used in this RFP. Vendors must provide written responses and/or evidence supporting the following request for qualifications and experience in a clear, concise and comprehensive manner. A. COVER LETTER Respondent(s) must submit a cover letter signed by an authorized representative of the entity committing Proposer to provide the Services as described in this RFP in accordance with the terms and conditions of any contract awarded pursuant to the RFP process. The cover letter must: 1) Identify the legal name of the entity, its headquarters address, its principal place of business, its legal form (i.e., corporation, joint venture, limited partnership, etc.) and the names of its principals or partners and authority to do business in California. 2) Name, title, address and telephone number of contact person during period of proposal evaluation. 3) Indicate the name and telephone number(s) of the principal contact for oral presentation or negotiations. 4) Identification of any information contained in the proposal which the Proposer deems to be, and establishes as, confidential or proprietary and wishes to be withheld from disclosure to others under the state Public Records Act. (A blanket statement that all contents of the proposal are confidential or proprietary will not be honored by the District).

23 23 5) A statement to the effect that the proposal shall remain valid for a period of not less than one hundred and twenty (120) days from the due date for proposals. B. TABLE OF CONTENTS Immediately following the introduction and cover letter, insert a complete table of contents for material included in the proposal, including page numbers. 1. Executive Summary C. QUALIFICATIONS, RELATED EXPERIENCE AND REFERENCES Proposer must provide an executive summary which explains its understanding of the District s intent and objectives and how their Proposal would achieve those objectives. The Summary should establish the ability of the Proposer (and its subcontractors, if any) to satisfactorily perform the required work by reasons of: demonstrated competence in the services to be provided; the nature and relevance of similar work currently being performed or recently completed; record of meeting schedules and deadlines of other client; competitive advantages over other firms in the same industry; strength and stability as a business concern; and supportive client references. Information should be furnished for both the Proposer and any subcontractors included in the offer. a. Company Profile Information Furnish background information about your firm: i) Including date of founding ii) Legal form. Identify participants in Respondent s Team. For example if Proposer is a business entity that is comprised of more than one legal participant (e.g., Respondent is a general partnership, joint venture, etc.), then Proposer must identify or cause to be identified all participants involved, their respective ownership percentages, and summarize the role, degree of involvement, and experience of each participant separately. If Respondent has a prime contractor/subcontractor relationship instead, this information regarding role, involvement and experience is also required for any subcontractor that is proposed to provide a significant portion of the work. iii) Corporation/state of incorporation, iv) Number and location of offices, principal lines of business, number of employees, days/hours of operation and other pertinent data. v) Disclose any conditions (e.g. bankruptcy or other financial problems, pending litigation, planned office closures, impending merger) that may affect the Proposer s ability to perform contractually. Certify that the firm is not debarred, suspended or otherwise declared ineligible to contact by any federal, state or local public agency. vi) Within the past five (5) years, have there been any significant developments in