WEST VIRGINIA UNIVERSITY RESEARCH CORPORATION REQUEST FOR PROPOSALS # T

Transcription

1 WEST VIRGINIA UNIVERSITY RESEARCH CORPORATION REQUEST FOR PROPOSALS # T For: Public Relations Strategy Services for the West Virginia University Center for End-of-Life Care Issued by: West Virginia University Research Corporation Procurement, Contracting and Payment Services October 16, 2013

2 TABLE OF CONTENTS 1 INTRODUCTION VISION STATEMENT INSTRUCTIONS FOR SUBMITTING A PROPOSAL SCOPE OF REQUEST FOR PROPOSALS SCOPE OF SERVICES RESPONSE REQUIREMENTS PROPOSAL EVALUATION CRITERIA EVALUATION CRITERIA MISCELLANEOUS INFORMATION ADDITIONAL REQUIREMENTS ATTACHMENT A ATTACHMENT B

3 1 INTRODUCTION The West Virginia University Research Corporation seeks qualified vendors to submit proposals to provide Public Relations Strategy Services for the WVU Center for End-of-Life Care. The West Virginia University Mission and Vision As a land-grant institution in the 21st century, West Virginia University will deliver high quality education, excel in discovery and innovation, model a culture of diversity and inclusion, promote the health and vitality of our constituents, and build pathways for the exchange of knowledge and opportunity between the state, the nation, and the world. 1.1 Vision Statement By 2020, West Virginia University will grow in national research stature, thereby enhancing educational achievement, global engagement, diversity, and the vitality and well-being of the people of West Virginia. West Virginia University was founded in 1867 as a land-grant university: the federal government gave the state of West Virginia land to establish a public university that would provide a broad segment of the population a practical education that had direct relevance to their daily lives. Over 100 years later, WVU remains true to that central land-grant mission. Today WVU also serves a unique role as the state s only doctoral degree-granting research university with comprehensive health science programs. Only eleven higher education institutions nationally are land-grant research universities with comprehensive Health Sciences. WVU offers 188 majors in 13 separate schools and colleges. The campus is spread over a thousand acres. Because of its land-grant tradition and research status, WVU has an obligation to: Provide high-quality programs at the undergraduate, graduate, and professional levels; Stimulate and foster both basic and applied research and scholarship; Engage in and encourage other creative and artistic work; Bring the resources of the University to all segments of society through continuing education, extension, and public service activities; Contribute to the development and enhancement of West Virginia s economic, educational, social, and health status through its programs of instruction and research and through its programs of outreach; Use technology as a vehicle to engage the student, empower the faculty, infuse the curriculum, enhance research capabilities, and fulfill the duty to serve the state; Promote diversity to enrich the institution and the society it serves and practice principles of social justice, equal opportunity, and affirmative action. The research enterprise of West Virginia University is diverse, richly talented, progressive and focused on the goal of making people s lives better in the highest tradition of an American land grant institution of higher education. Ever since it was founded, WVU has remained committed to that goal from biomedical research to energy research and a hundred areas in between. The faith, resources and cooperation invested in our University are complimented and strengthened by hundreds of faculty researchers and students who are obligated by mission; determined by 3

4 tradition; and focused by heritage to aggressively pursue the opportunities and tasks they have undertaken. The Office of Research and Economic Development is dedicated to assisting WVU researchers in advancing their results, and putting that knowledge to work improving lives. Vannevar Bush, the very first presidential science advisor, wrote to President Roosevelt in 1945 that: New products, new industries, and more jobs require continuous additions to knowledge of the laws of nature, and the application of that knowledge to practical purposes.... This essential, new knowledge can be obtained only through basic scientific research. At WVU, we work to elevate those ideals and make a difference. Additional general information about may be obtained at 4

5 2 INSTRUCTIONS FOR SUBMITTING A PROPOSAL Inquiries, Information, Notice, And Correspondence - Interpretation, Correction or Changes in RFP. All inquiries, requests for information, notices, and correspondence concerning this RFP shall be submitted in writing. Any interpretation, correction, or change in an RFP will be made by formal addendum by the University. Interpretations, corrections, or changes to an RFP made in any other manner will not be binding, and no Proposer may rely upon any such interpretation, correction, or change. All inquiries, notice, correspondence, and/or official formal addendums may be obtained at: or by contacting: Terri M Castor West Virginia University Research Corporation Procurement, Contracting and Payment Services One Waterfront Place; Don Knotts Blvd Third Floor / Room 3403, Morgantown, WV Terri.Castor@mail.wvu.edu Proposers should make any requests for additional information or clarification in writing only to the appropriate department, as indicated above. No member of the evaluation team, any advisory committees, any University staff, or consultants shall be contacted regarding this RFP or any matter concerning this process. If a representative of any company or party submitting a response violates the foregoing prohibition, such contact may result in the respondent being disqualified. Questions regarding this RFP shall be due as of the end of business 5:00 p.m. Eastern Standard Time on OCTOBER 31, Responses must be enclosed in a sealed opaque envelope or container that is identified as a Request for Proposals including the supplier name, RFP number, and the RFP opening time and date. The envelope or container shall be addressed to: West Virginia University Research Corporation Procurement, Contracting and Payment Services One Waterfront Place; Don Knotts Blvd Third Floor / Room 3403, Morgantown, WV And, must be submitted on or before NOVEMBER 7, 2013 at 4:00 PM Eastern Time. Proposals received after this date and time will be returned unopened. Respondents must submit one (1) unbound original and (1) copy of their proposal on CD-R or DVD-R in a.pdf format The typical RFP process may consist of any of the following steps, at WVU s sole discretion: An advertised invitation for vendors to express their interest in providing a solution Receipt of vendor credentials and qualifications Preliminary evaluation of presentations, credentials and qualifications Presentations, discussions, fact finding, solution demonstrations, and interviews of selected vendors. Secondary evaluation of selected Vendors 5

6 Best and Final cost/revenue proposals from selected vendors only Final evaluation and vendor selection Contract Negotiations Implementation No time-frame or promise of engagement or contract is either expressed or implied by the publication of this RFP, and West Virginia University Research Corporation reserves the right, in its sole opinion, to accept or reject any or all responses and/or to terminate this process at any time with or without notice. The university may or may not employ any or all of the steps listed to select a qualified vendor. The university, in its sole discretion, may award a contract to any respondent at any time in the process. The purpose of the response is to demonstrate the qualifications, competence, and capacity of the firms seeking to undertake this project for West Virginia University Research Corporation in conformity with the requirements of this RFP. There is no expressed or implied obligation for West Virginia University Research Corporation to reimburse responding firms for any expenses incurred in preparing responses to this request. As such, the substance of a response will carry more weight than its form or manner of presentation. The response should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an approach that will meet the RFP requirements Proposers are expected to examine the entire RFP, including all specifications, standard provisions, and instructions. Failure to do so will be at the Proposers risk. Each Proposer shall furnish the information required by the RFP. Proposals must be typewritten. Time periods, stated in number of days, in a RFP, or in the Proposers response, shall be in consecutive calendar days By making a proposal, the Proposer warrants that: a) The Proposer has read and understands the RFP documents, instructions, terms and conditions; b) That the proposal is made in accordance therewith; and c) The proposal is based upon the materials, equipment, systems, printing and/or services specified Proposer Responsibility. The Proposer is fully responsible for timely delivery at the location designated for receipt of proposals. Proposals received after this date and time will not receive consideration. Oral, telephonic, facsimile, or telegraphic proposals are invalid and will not receive consideration. No exceptions are permitted Costs Incurred. Any and all costs incurred by the vendor in preparation of a response to this request or for presentation of credentials are the responsibility of the vendor and will not be reimbursed. All responses and documentation submitted by the vendor become the property of West Virginia University Research Corporation at the time the documents are opened Life of Proposal. All proposals shall remain in effect for a minimum period of one hundred twenty (120) consecutive calendar days from the proposal opening date. Proposals may not be canceled, altered, or withdrawn, except as otherwise provided herein Proposal Response Certification Form. Attachment A, included herein, shall be attached to the front of the proposal and shall contain the Proposers certification of the submission. Proposals must be signed by an individual or individuals who have full authority to execute a binding contract on behalf of the responding entity or individual. Proposers must acknowledge the receipt of any addenda or amendments to the RFP. 6

7 Purchasing Affidavit. Attachment B, West Virginia Code 5A-3-10a states: No contract or renewal of any contract may be awarded by the state or any of its political subdivisions to any vendor or prospective vendor when the vendor or prospective vendor or a related party to the vendor or prospective vendor is a debtor and the debt owned is an amount greater than one thousand dollars in the aggregate. To acknowledge you are in compliance with these regulations, you must complete, sign and return an original Purchasing Affidavit with your signed proposal Proposal Confidentiality. Ownership of all data, materials, and documentation originated and prepared for West Virginia University Research Corporation pursuant to the RFP shall belong exclusively to West Virginia University Research Corporation and be subject to public inspection in accordance with the West Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by a Proposer shall not be subject to public disclosure under the West Virginia Freedom of Information Act; however, the Proposer must invoke the protections of Article 1, Chapter 29B of the Code of West Virginia in writing, either before or at the time the data or material is submitted. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secrets or proprietary information Modification or Withdrawal of Proposals. Proposers may modify or withdraw their proposal before the time and date as specified for receipt of the proposals by giving notice, in writing, to Procurement, Contracting and Payment Services. Notice shall include the signature of the Proposer and shall be received before the designated time and date for receipt of proposals. Modifications must be worded so as not to reveal the amount of the original proposal Erasures and Interlineations. Erasures, interlineations, or other changes in the proposal must be initialed by the authorized individual(s) signing the proposal West Virginia University Research Corporation reserves the right to waive technicalities or irregularities to any process or proposal incurring during this solicitation. 3 SCOPE OF REQUEST FOR PROPOSALS 3.1 SCOPE OF SERVICES The West Virginia University Research Corporation seeks qualified vendors to submit proposals to assist with a statewide public relations strategy. The purpose of the strategy is to increase exposure of the WVCEOLC and awareness of West Virginians to the mission of the WVCEOLC including the West Virginia e-directive Registry, so that more West Virginians will learn about their end-of-life options, talk about their wishes with their families, put their wishes in writing in advance directives, and submit their advance directives and medical order forms to the West Virginia e- Directive Registry. 7

8 Current market research data shows that only 19% of West Virginians are aware of the WVCEOLC. It is necessary to raise the level of public awareness so that more people know that they can obtain information about end-of-life care options and advance directive forms from the WVCEOLC. The WVCEOLC is also the statewide distribution point for West Virginia do-not-resuscitate cards and West Virginia Physician Orders for Scope of Treatment forms and maintains the WV e-directive Registry, a statewide database that houses advance directive forms and medical orders so that they are available 24/7 on an emergency basis to treating health care providers. Required Public Relations Strategy Results and Deliverables are as follows: Increased completion of advance directives A greater public awareness of the WVCEOLC and the WV e-directive Registry The placement of articles in daily and weekly newspapers and state journals around the state Press releases and press conferences on news from the Center Proven record of the sustained ability to gain earned media coverage throughout the state with demonstrated excellent working relationships with West Virginia daily and weekly newspapers, television stations, and radio stations Stories and interviews on television and radio with regard to end-of-life care Direct mailing to households in targeted areas in West Virginia Design of visually attractive four-color brochures to promote the services of the West Virginia Center for End-of-Life Care and the West Virginia e-directive Registry 8

9 3.2 RESPONSE REQUIREMENTS All responses must be formatted with a response to each of the items specification items above and response requirements below. Except as otherwise set forth herein, Section 3 outlines the minimum requirements and packaging for the preparation and presentation of a response. Failure to comply may result in rejection of the response. The proposal should be specific and complete in every detail, prepared in a simple and straightforward manner. Respondents are expected to examine the entire RFP, including all specifications, standard provisions and instructions. Failure to do so will be at the respondent s risk. Each respondent shall furnish the information required by the RFP. Time periods, stated in number of days, in this request or in the response, shall be in calendar days Attachment A must be completed, dated and signed A Table of Contents clearly identifying the proposal material by section and page number Provide the name of your organization or company and include the date and location of incorporation, principal officers, board of directors, number of employees, size and locations of field offices, company history and organizational structure Provide the names, function, and vitae of the individuals within your organization who may be assigned to this project. Provide detailed information on their credentials, experience, and the scale and scope of similar completed projects they have completed Describe in detail projects of a similar size and scope that your organization has been associated with over the last two years and provide at least three current references that WVU may contact to evaluate customer satisfaction. Without compromising client confidentiality, provide specific examples of existing or planned projects Describe in detail how you would accomplish the required public relations and advertising strategy and deliverables. Include recommendations and a project plan for successfully providing the deliverables required in the scope of services Submit a detailed and comprehensive cost proposal for the services required, exclusive of any media purchases, but including all expenses such as travel, production, and postproduction costs. Provide information on your preferred payment terms. 4 PROPOSAL EVALUATION CRITERIA 4.1 EVALUATION CRITERIA West Virginia University Research Corporation will evaluate all acceptable proposals based on the Scope of Work requirements; the completeness of their response to Specifications; and the demonstrated ability to perform the required work. The evaluation criteria are as follows: Vendors demonstrated ability to perform the work and achieve results, including but not limited to: Innovativeness of recommendations Feasibility of recommendations Track record of firm in consistently obtaining earned media for their clients Familiarity with health care Demonstrated interest in promoting the WVCEOLC mission Visual attractiveness of brochures, advertising, and created websites Effectiveness of produced television advertising in delivering a clear, warm message with a call to action 9

10 Demonstrated ability to produce media messages for television, radio, and print media Cost. The WV Center for End-of-Life Care has a limited budget for its public relations campaign References from organizations for whom the vendor has done comparable work. 5 MISCELLANEOUS INFORMATION General. Generally, the purpose of an RFP is to identify and ultimately contract with a qualified vendor or vendors for commodities or services required by West Virginia University Research Corporation. The RFP process and legal requirements are outlined in detail Process. By publication of a Request for Proposals / Expression of Interest, West Virginia University Research Corporation begins an administrative process that may or may not lead to the award of a contract(s). West Virginia University Research Corporation may stop the process at any time, with or without cause, and nothing in a RFP document may be interpreted as an offer to purchase, procure, or otherwise acquire any product or service from any Proposer or vendor Except as specifically noted in the RFP, there is no time limit either expressed or implied on the completion of each step in the process Definitions. The following definitions apply to this RFP: a) West Virginia University Research Corporation may be referred to as West Virginia University Research Corporation, WVU, Owner, University, or Buyer. b) A Request For Proposal or various steps therein, including prequalification, refers specifically to an officially published and numbered document and all the attachments, amendments, and addenda, that are a part or may become a part of the document. Applicable paragraphs from this instruction document are often included and made a part of a final agreement should a contract be awarded. c) A Proposer is any bona fide business entity, individual, partnership, or corporation who submits a response to this RFP in accordance with the terms and conditions specified herein. d) A Contractor and/or Seller is any bona fide business entity, individual, partnership, or corporation who, a) having submitted a proposal in compliance with the terms and conditions of a RFP; and b) being duly authorized to conduct business in the State of West Virginia; and c) whose proposal having been selected as most advantageous, is issued a Contract/Purchase Order by West Virginia University Research Corporation to provide goods or services as specified. e) Contract/Purchase Order is the final document of agreement between West Virginia University Research Corporation and the successful Proposer, and may be referred to as Order. It will include the RFP, the Proposers response, and any other documentation that may be required to clearly state the agreement between West Virginia University Research Corporation and the Seller. f) The Evaluation Committee is the group of individuals selected by West Virginia University Research Corporation to evaluate responses to the RFP. The committee may include, at West Virginia University Research Corporation s sole discretion, any employee, agent, consultant, or expert as required by West Virginia University Research Corporation. The findings and recommendations of the committee are not binding on West Virginia University Research Corporation. 10

11 5.1.5 Award of Contract. The University may elect to award a contract(s) to a respondent(s) whose proposal is determined to be most advantageous to the University with respect to conformance with the specifications, quality, and other factors as may be evaluated pursuant to this RFP The University may award a contract based on initial offers received, without discussion; therefore initial information provided by the respondents should fully identify and respond to the requested information Rejection of Proposals. The University shall have the sole and absolute right to reject any and all proposals, in whole or in part; to reject a proposal not accompanied by a required security or other data required by the RFP documents; reject a proposal which is in any way incomplete or irregular; or to reissue a Request for Proposal Proposer List and Qualification Evaluation. After the established date for receipt of proposals, a list of parties who submitted proposals will be prepared and made available for public inspection. Proposals will not be opened and read publicly. Qualifications and proposals submitted by interested parties will be reviewed and evaluated based on the evaluation criteria set forth in the RFP Proposal Classification and Discussions. Proposals will initially be classified as either a) Acceptable; b) Potentially Acceptable; or c) Unacceptable. Discussions and fact-finding may be conducted, if required, with any or all of the Proposers whose proposals are found acceptable or potentially acceptable. Parties whose proposals classified as unacceptable will be notified promptly. Procurement Services will establish procedures and schedules for conducting oral and/or written discussions Proposer Investigation. The University will make such investigation as it considers necessary to obtain full information on the Proposer(s) selected for negotiations Final Offers and Award of Contract. Following any discussions with Proposers the Evaluation Committee will evaluate the final proposals/discussion session, giving due consideration to the established evaluation criteria. The Evaluation Committee will report its findings to Procurement, Contracting and Payment Services which may or may not issue a Purchase Order/Contract based on which proposal or proposals are found to be the most advantageous to West Virginia University Research Corporation. The contract will contain the terms and conditions as found in this RFP and may include additional terms and conditions as negotiated between the successful proposer and the University. The final contract must be approved as to form by the General Attorney s Office of the State of West Virginia If West Virginia University Research Corporation cannot, at its sole and absolute discretion, negotiate a mutually agreed upon contract with the successful Proposer, West Virginia University Research Corporation may begin negotiations with Proposers in order of ranking, highest to lowest, as evaluated pursuant to the terms and conditions of this RFP or may cancel this RFP Conflict of Interest. The Proposer should list and describe any prior or ongoing engagements or professional relationships that would constitute a potential conflict of interest, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the proposed project. The Proposer covenants and agrees that the firm and its officers, employees, and subcontractors will have no interest, including personal financial interest, and will acquire no interest, either directly or indirectly, that will conflict in any manner with the performance of the services called for under this RFP. 11

12 An affirmative statement should be included indicating that the firm and all assigned key professional staff are properly registered/licensed to practice in the State of West Virginia, if such is required Format. The response should address all the points outlined in the RFP. The response should be prepared simply and economically, providing a straightforward, concise description of the responding firm s capabilities to satisfy the requirements of the RFP. Submitted materials are to be soft cover bound and no larger than 8.5 x 11. Any materials larger than 8.5 x 11 should be folded to fit into the 8.5 x 11 format. The response should be submitted in an electronic format also PDF file format is preferred Legal Authority. Proposer warrants that it possesses the legal authority to submit the proposal in response to this RFP and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute Attachment A and to bind Proposer to its terms. The person(s) executing the Proposal in response to this RFP on behalf of Proposer warrant(s) that such person(s) have full authorization to execute the Proposal Attachment A West Virginia University Research Corporation reserves the right to cancel, alter or amend this RFP. West Virginia University Research Corporation reserves the right to request clarifications from Consultants; however, they shall not be required to request missing information from the submittals that may cause them to be considered as non-responsive. 6 ADDITIONAL REQUIREMENTS 6.1 Standards of Performance The performance of all services by the Consultant under this Agreement will be by persons appropriately licensed or registered under State, local and Federal laws In performing all services under this Agreement, the Consultant will comply with all local, state and federal laws In performing all services under this Agreement, the Consultant will use that degree of care and skill ordinarily exercised for similar projects by professional consulting firms who possess special expertise in the types of services involved under this Agreement Any provisions in this Agreement pertaining to the Owner s review, approval and /or acceptance of written materials prepared by the Consultant and/or its subconsultants in connection with this Agreement will not diminish the Consultant's responsibility for the materials The Consultant will perform all of its services in coordination with the Owner. The Consultant will advise the Owner of data and information the Consultant needs to perform its services and the Consultant will meet with Owner representative(s) at mutually convenient times to assemble any data and information. 6.2 Owner s Responsibilities The Owner will provide information to the Consultant regarding the Owner's requirements for the Consultant's services under this Agreement. The Owner will furnish the Consultant with copies of official Owner design standards and construction standards, and other data and information in the Owner's possession needed by the Consultant, at the Consultant's request The Owner will designate an authorized representative to act on the Owner's behalf with respect to this Agreement. The Owner will examine documents and information submitted 12

13 by the Consultant, and promptly renders responses to the Consultant on issues requiring a decision by the Owner. 6.3 Consultant s Records All expense records of the Consultant will be kept on a recognized accounting basis acceptable to the Owner and will be available to the Owner at mutually convenient times The Owner, its auditors, the Federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the Consultant which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, copying and transcriptions The Consultant furnish to the Owner at such time and in such form as the Owner may require, financial statements including audited financial statements, records, reports, data and information, as the Owner may request pertaining to the matters covered by this Agreement. 6.4 Ownership and Use of Documents All documents prepared by the Consultant in connection with this Agreement will become the property of the Owner whether any project related to this Agreement is executed or not The Consultant will retain all of its records and supporting documentation relating to this Agreement, and not delivered to the Owner, for a period of three years, except that in the event the Consultant goes out of business during that period, it will turn over to the Owner all of its records relating to the Project for retention by the Owner. 6.5 Term: Termination of Agreement The term of this Agreement begins upon its execution by the Owner and extends for a period of one (1) year or until such reasonable time thereafter as is necessary to obtain a new contract. Such reasonable time shall not exceed twelve (12) months This Agreement may be renewed upon mutual written consent, submitted to the Procurement Officer thirty (30) days prior to the date of expiration. Such renewal shall be in accordance with the terms and conditions of the original contract and shall be limited to three (3) one year periods This Agreement may be terminated by either party upon 30 days prior written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination The Owner may, at any time, terminate the Contract in whole or in part for the owner's convenience and without cause. In such an event, the Contractor shall be paid for all work performed in accordance with the Contract documents, for reasonable termination expenses and a reasonable allowance for overhead and profit on Work completed. However, such payments, exclusive of termination expenses, shall not exceed the total Contract Sum as reduced by other payments made to the Contractor and further reduced by the value of the Work as yet not completed. The Contractor shall not be entitled to overhead and profit on work which has not been performed In the event of termination as provided in this Section, the Consultant will be compensated for all services performed to the termination date which are deemed by the Owner to be in accordance with this Agreement. This amount will be paid by the Owner upon the Consultant's delivering to the Owner all information and materials developed or 13

14 accumulated by the Consultant in performing the services described in this Agreement, whether completed or in progress. 6.6 Modifications to the Agreement Modifications to the Services may be accomplished after execution of the Agreement, and without invalidating the Agreement, by Change Order, subject to the successful negotiation of services and cost between the Owner and Consultant; and, with the understanding all services shall remain in accordance with the terms and conditions of the original Agreement A Change Order shall only be valid upon written mutual consent of both parties; and, as authorized by Owner s Contracting Officer. 6.7 Insurance Insurance shall be obtained from a reputable and financially responsible, insurance carrier, with an AM Best rating of no less than (A). West Virginia University Research Corporation shall be named as additional insured under the policy and certificate holder. Vendor shall furnish to the University written certificates that the insurance required herein has been procured and is being properly maintained throughout the life of this contract and that premiums therefore are paid and specifying the names of the insurers and the respective policy numbers and expiration dates. All such insurance policies shall provide for, unless applicable statute otherwise specifies, at least thirty (30) days prior written notice of the effective date or cancellation to the University. The additional insured shall read: West Virginia University Research Corporation c/o Procurement, Contracting and Payment Services PO Box 6024 Morgantown, WV Vendor agrees to indemnify and save harmless the University against all claims, liabilities, losses, damages and expenses of every character whatsoever for bodily injury, sickness, and/or disease, including death at any time resulting therefrom sustained by any employee of Vendor, or of a subcontractor while in, on or about the premises of the University; or while engaged in the performance of the services hereunder, whether or not arising out of or in any way connected with this agreement or with the Vendor s performance hereunder, and in whether or not such injury, sickness, and/or disease is not due to any negligence on the part of such employees or on the part of the University, its employees or agents Workers Compensation Vendor shall warrant that all employees are covered by valid workers compensation insurance in compliance with the statutory requirements of the State of WV. Vendor employees exempt from mandatory participation in a workers compensation program are required to purchase workers compensation coverage Employers Liability Vendor shall provide employers liability coverage in the following minimum amounts: Each Accident $100,000 Disease-Policy Limit $500,000 Disease Each Employee $100, Commercial General Liability Insurance 14

15 Vendor shall provide, including but not limited to, the following coverage, with combined single limits of not less than the following amounts. Liability coverage shall also include contractual liability. General Aggregate $2,000,000 Products And Completed Operations Aggregate $1,000,000 Personal And Advertising Injury Liability $1,000,000 Each Occurrence $1,000,000 Fire Damage (Any One Fire) $50,000 Medical Payments (Any One Person) $5, Commercial Auto Liability Insurance Vendor shall provide, including but not limited to, the following coverage, including owned, hired, and non-owned auto liability coverage with limits of no less than: Combined Single Limits, Bodily Injury And Property Damage Liability $1,000,000 Medical Payments $5, Excess Liability Vendor shall provide, including but not limited to, the following coverage, to provide at least following form excess liability or umbrella liability coverage over all underlying liability coverage provided, including commercial general liability, commercial automobile liability, and employers liability coverage. No coverage provided in the underlying liability policy may be excluded in the commercial excess or umbrella liability policy. Limits may not be less than: Each Occurrence, Combined Single Limit, Bodily Injury And Property Damage Liability $1,000,000 Aggregate Limit $1,000, Professional Limited Liability Coverage $1,000, The stated limits of insurance required by this Paragraph are minimum only--they do not limit the Consultant's indemnity obligation, and it will be the Consultant's responsibility to determine what limits is adequate. These limits may be met by basic policy limits or any combination of basic limits and umbrella limits. The Owner s acceptance of certificates of insurance that do not comply with these requirements in any respect does not release the Consultant from compliance with these requirements. 6.8 Miscellaneous Provisions This Agreement is governed by the law of the State of West Virginia. Disputes arising out of the agreement shall be submitted to the West Virginia Court of Claims The Consultant may not assign, sublet or transfer any interest in this Agreement without the written consent of the Owner All Contracts executed by West Virginia University Research Corporation are bound by the Terms and Conditions found at the end of this Request for Proposals. In the event of any conflict between these Terms and Conditions and the provisions of any exhibit or attachment to this Agreement, or any document(s) provided by the Consultant as a response to a Request for Bid or Request for Proposal and accepted by the Owner, 15

16 including any electronic medium such as CD-ROM, these Terms and Conditions will govern and control. 6.9 Vendor Registration All vendors and/or Contractors must be registered with the State of West Virginia before conducting business. All vendors must be registered prior to issuance of a purchase order and will be responsible for and must pay any registration fee (currently $125.00). All bidders are encouraged to contact WVU Procurement Services at phone number for further information Funding Paragraph Services performed under the Contract is to be continued in the succeeding fiscal year contingent upon funds being appropriated by the Legislature for this service. In the event funds are not appropriated for these services, this Contract becomes of no effect and is null and void after June

17 ATTACHMENT A PROPOSAL RESPONSE CERTIFICATION WEST VIRGINIA UNIVERSITY RESEARCH CORPORATION The undersigned, as proposer, declares that they have read the Request For Proposal and the following proposal is submitted on the basis that the undersigned, the company and its employees or agents, shall meet, or agree to all specifications contained therein. It is further acknowledged addenda numbers to have been received and examined as part of the RFP document. DATE Name of Proposer (printed) Signature of Proposer Title Company Name Street Address City, State, Zip Telephone Facsimile Number FEIN Number 17

18 ATTACHMENT B 18