3-Basic Life and ADD Insurance and Short-Term Disability Administration RFP.pdf

Request for Proposal (RFP):

Basic Life and Accidental Death and Dismemberment (AD&D) Insurance and Short-Term Disability (STD) Administration UNSPSC Code: 8011 (Human Resources Services) UNSPSC Code: 841316 (Life and Health and Accident Insurance)

Issued by: City of Westerville, Ohio | May 2026

RFP Deadline Dates

• Open Date: May 21, 2026

• Questions Due Date: June 4, 2026, 5:00 PM EDT

• Close Date/Deadline for Responses: June 16, 2026, 5:00 PM EDT

Contact Information

• Point of Contact: Stacy Hathaway, Human Resources Director

• Email: bids@westerville.org

• Project Portal: https://westerville.bonfirehub.com/opportunities/236648 mailto:bids@westerville.org https://westerville.bonfirehub.com/opportunities/236648

TABLE OF CONTENTS

● Checklist – pg. 3

● Background – pg. 4

● Purpose – pg. 4

● Scope of Work – pg. 4

● Pre-Proposal Conference – pg. 10

● Proposal Content – pg. 10

● Submission Instructions – pg. 12

● Presentation, Demonstration, Interview, and Security Review – pg. 13

● Review and Evaluation – pg. 14

● Third-Party Advisors – pg. 15

● Right of Refusal – pg. 15

● Procurement Schedule – pg. 16

● Public Records – pg. 16

● Non-Waiver of Rights – pg. 16

● Relationship of the Parties – pg. 16

● Termination – pg. 16

● Expense of Preparing Responses – pg. 17

CHECKLIST

Offerors are urged to complete this checklist to confirm that all required documents are included with their proposal.

I. REQUIRED PROPOSAL FORMS

TRANSMITTAL LETTER (offeror supplied)

TECHNICAL PROPOSAL (offeror supplied)

II. OPTIONAL PROPOSAL FORMS

RESUMES FOR KEY PROFESSIONALS (as needed – offeror supplied)

EXCEPTIONS LETTER (as needed – offeror supplied)

CONTRACT FORMS (download from Project Portal)*

*Offerors are urged to include completed Contract Forms (including a Noncollusion Affidavit and Personal Property Tax Affidavit) with their proposal. If not included with the submission, the Successful Offeror will be required to execute and submit such forms before contract award. These forms are available for download at:

BACKGROUND

The City of Westerville (hereinafter “City”) is a dynamic and progressive city in the heart of the Columbus Region, which has been nationally recognized as one of "America's Best Places to Live" by Money Magazine, America’s Best Suburb by Movoto, and a two-time Global Top 7 Intelligent Community by the Intelligent Community Forum. The City offers reliable municipal utilities, excellent safety services, parks, recreation facilities, and 51 miles of trails to its 40,000 residents. Westerville is a special place to “live, work, and play.” Please visit the City’s website (www.westerville.org) for more information.

The City has a long and valued history of thoughtful planning and features a well-established Human Resources Department dedicated to attracting and retaining talented employees committed to serving the Westerville community. The City currently provides employer-sponsored Basic Life and Accidental Death & Dismemberment (AD&D) Insurance to approximately 470 eligible City employees and self-funded Short-Term Disability (STD) coverage as part of a comprehensive benefits package. The City seeks to evaluate current market offerings to ensure it continues to provide high-quality, cost-effective benefits that support employee wellness and financial security.

PURPOSE

The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified vendors capable of providing comprehensive Basic Life and Accidental Death and Dismemberment (AD&D) Insurance for City of Westerville employees, as well as administration services for the City’s self-funded Short-Term Disability (STD) program. The overall intent of this competitive process is to secure competitive, compliant, and high-quality Basic Life and AD&D Insurance and self-funded STD solutions.

SCOPE OF WORK

The RFP respondent that is awarded a contract on the merits of their offer (hereinafter “Successful Offeror” or “Contractor”) shall be responsible for providing high-quality Basic Life and Accidental Death and Dismemberment (AD&D) Insurance for City of Westerville employees, as well as administration services for the City’s self-funded Short-Term Disability (STD) program. Contemplated deliverables/responsibilities include, but are not necessarily limited to:

LIFE AND ACCIDENTAL DEATH & DISMEMBERMENT (AD&D) INSURANCE

The Contractor shall provide high-quality, employer-sponsored Basic Life and Accidental Death and Dismemberment (AD&D) Insurance meeting or exceeding the City’s current benefits package as summarized in the table on the following page.

The City’s current Basic Life and Accidental Death and Dismemberment (AD&D) Insurance plan is administered by Equitable Plan Services. For further information, the City of http://www.westerville.org/

Westerville’s 2026 Benefits Guide is available on the City’s Euna Procurement/Bonfire Portal:

(https://westerville.bonfirehub.com/opportunities/236648)

Basic Life AD&D Employee Benefit Maximum $100,000 $100,000 Guaranteed Issue $100,000 $100,000 City Manager Benefit Maximum $250,000 $250,000 Guaranteed Issue $250,000 $250,000 Spouse Benefit Maximum $10,000 N/A Guaranteed Issue $10,000 N/A Dependent Child Benefit Maximum $5,000 N/A Guaranteed Issue $5,000 N/A

BASIC LIFE

Term life that pays a benefit in the event of an employee’s death due to illness or injury. The life insurance benefit will be paid to a designated beneficiary in the event of death while covered under the plan.

Coverage Amount: The Contractor shall provide basic term life insurance coverage meeting or exceeding the City’s current benefits package. The City shall pay 100% of the premium cost.

Eligibility: Approximately 470 City employees shall be eligible for coverage. Census data, including age range, hire date, department, job title, gender, zip code, base salary, worker category, and current life insurance coverage amount is available in MS Excel and PDF formats.

To request the census data, please email your request to bids@westerville.org and indicate the preferred file format (MS Excel and/or PDF).

Beneficiary Designation: Employees must be able to designate primary and contingent beneficiaries.

Age Reduction Schedule: Offerors should clearly outline any age-based reduction schedules and the ages at which reductions occur.

Benefit Enhancements: The benefit amounts stated above are consistent with current coverage levels. The City is interested in exploring greater benefit amounts should they be available for a negligible rate increase. Offerors are encouraged to submit information on value-added and negligible rate increase benefits as part of their proposal.

ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D)

AD&D coverage pays a benefit in the event of an employee’s death or dismemberment resulting from an accident. The amount payable is determined by the loss. The AD&D benefit will be paid at the time of loss of life or limb, by accident, while covered under the plan.

Coverage Amount: AD&D coverage equal to the basic life insurance benefit amount. The City shall pay 100% of the premium cost.

Eligibility: Approximately 470 City employees shall be eligible for coverage. Census data, including age range, hire date, department, job title, gender, zip code, base salary, worker category, and current life insurance coverage amount is available in MS Excel and PDF formats.

To request the census data, please email your request to bids@westerville.org and indicate the preferred file format (MS Excel and/or PDF).

Covered Accidents: As part of their proposal, offerors should clearly define covered accidents and outline the percentage of the principal sum payable for various types of losses.

Exclusions: As part of their proposal, offerors should provide a complete list of exclusions, which should be reasonable and customary for AD&D insurance policies.

Benefit Enhancements: The City is interested in exploring potential benefit enhancements that may be available for a negligible rate increase, such as, but not limited to, child education benefits, exposure and disappearance benefits, line of duty benefits, repatriation benefits, seat belt benefits, airbag benefits, and rehabilitation/PT benefits. Offerors are encouraged to submit information on value-added and negligible rate increase benefits as part of their proposal.

SHORT-TERM DISABILITY ADMINISTRATION

The Successful Offeror/Contractor shall provide administration services for the City’s self-funded Short-Term Disability (STD) program in accordance with the City’s Short-Term Disability policy.

The Successful Offeror/Contractor is responsible for claim adjudication and advice on disability matters. The City currently issues benefit checks directly to employees, so the Contractor is not required to hold reserves or provide other fiduciary-related services.

The City retains all claim and plan fiduciary responsibilities and, therefore, has full discretion and final authority on all claim decisions.

STD Current Plan Design Parameters (for informational purposes):

- Benefit Percentage: 60% of pre-disability earnings.

- Maximum Weekly Benefit: $1,000 per week.

- Elimination Period: 14 calendar days (requires the exhaustion of any accrued sick leave).

- Benefit Duration: Maximum benefit period of 26 weeks

GENERAL ADMINISTRATIVE SERVICES

The Successful Offeror/Contractor shall provide comprehensive administrative and support services, including but not limited to:

Enrollment: Coordinate with the City's Human Resources Department to facilitate initial enrollment for all eligible employees, and provide enrollment support for open enrollment periods.

Claims Administration and Assistance: Provide dedicated claims specialists to assist Human Resources staff and/or beneficiaries throughout the claims process, including helping to obtain necessary documentation, explaining benefit calculations, and addressing questions or concerns.

Dedicated Service Team: Assign a dedicated account management team to the City, including a primary account manager and backup contact. Provide direct contact information for the account management team.

Summary Plan Description (SPD): Provide a clear, comprehensive Summary Plan Description written in plain language that explains coverage, benefits, exclusions, claims procedures, and employee rights. The SPD shall comply with all applicable ERISA requirements if the plan is subject to ERISA.

Employee Communication Materials: Develop and provide customized communication materials for the City as needed.

Reporting: Provide monthly, quarterly, and annual reports detailing enrollment, premium billing, claims experience, etc. Provide ad hoc reports as requested by the City.

Regulatory Compliance: Ensure all services and coverage comply with applicable federal, state, and local laws and regulations.

Privacy and Data Security: Comply with all applicable privacy laws and regulations, including HIPAA if applicable.

Transition from Current Carrier: If applicable, the Contractor shall coordinate with the City's current life and AD&D insurance carrier to ensure seamless transition in services and coverage.

Rate Guarantees: The Contractor shall guarantee premium rates for an initial term of at least one (1) year (January 1, 2027 – December 31, 2027). Rate guarantees beyond one year are recommended. For any renewal periods, the Contractor should provide proposed renewal rates at least 120 days prior to the renewal date (180 days is recommended). Rate increases shall be justified with detailed claims experience and trend analysis.

ADDITIONAL REQUIREMENTS

Assignment Neither the Contractor nor the City shall sell, transfer, assign, or otherwise dispose of the contract or any portion thereof, or their right, title, or interest therein, or the obligation thereunder, without the written consent of the other party.

Compliance The Contractor shall observe and comply with all applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over the City’s contract.

The Contractor shall comply, when applicable, with the U. S. Department of Labor, Safety and Health Regulations identified as Chapter XVII of Title 29, Code of Federal Regulations (CFR) Parts 1910 and 1926 and subsequent amendments.

The Contractor agrees that in the hiring of employees for the performance of work under the City’s contract or any subcontract, no contractor, subcontractor, or any person acting on his behalf shall, by reason of race, color, religion, sex, national origin, age, familial status, military status, disability, pregnancy, sexual orientation, gender identity, or gender expression, or any prohibition provided by federal or state law, discriminate against any citizen of the State in the employment of labor or workers who are qualified and available to perform the work to which the employment relates, nor shall any contractor, subcontractor, or any person acting on his behalf, in any manner, discriminate against or intimidate any employee hired for the performance of work under the City’s contract on account of race, color, religion, sex, national origin, age, familial status, disability, pregnancy, sexual orientation, gender identity, or gender expression, or any prohibition provided by federal or state law.

Duty to Notify the City of Cybersecurity Incidents: Contractor shall promptly notify the City of any actual or suspected cybersecurity incident, data breach, security incident, or unauthorized access, use, or disclosure involving any data or information provided by the City or generated in connection with the performance of this contract. Such notice shall be provided as soon as practicable and in no event later than three (3) calendar days after discovery of the breach or incident.

Contractor shall cooperate fully with the City in investigating and mitigating the effects of any such breach or incident and shall bear all costs associated with the incident, including any notifications, remediation, and compliance required under applicable law.

Indemnification/ Insurance

To the extent authorized by law, the Successful Offeror shall indemnify and hold harmless the City, its officers, elected officials, agents, and employees from and against all claims, damages, losses and expenses, including attorney’s fees arising out of or resulting from the Successful Offeror’s performance, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the Successful Offeror, subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

The Contractor and the Contractor’s subcontractors shall secure and maintain Liability and Property Damage Insurance (1) in an amount not less than One Million Dollars ($1,000,000) for bodily injuries, including wrongful death, to any one person, subject to the same limit for each person, in an amount not less than Two Million Dollars ($2,000,000) for bodily injury damages for any one accident; and (2) in an amount not less than One Million Dollars ($1,000,000) for property damages on account of one accident and in an amount not less than Two Million Dollars ($2,000,000) for damages for all accidents. Professional Liability insurance shall be maintained in an amount not less than One Million Dollars ($1,000,000) per claim and in an amount not less than Two Million Dollars ($2,000,000) aggregate. If the Contractor and the Contractor’s subcontractors maintain higher limits than the minimums shown above, the City shall be entitled to coverage for the higher limits.

Contract The offeror to whom the award is made will be required to execute a written contract with the City of Westerville, Ohio, as required by the City Manager.

PRE-PROPOSAL CONFERENCE

A non-mandatory pre-proposal conference will be held on Friday, May 29, 2026, at 11:30 AM (EDT) for all offerors. The conference will be held via Google Meet.

Google Meet joining info.

Video call link: https://meet.google.com/xin-iowm-ibn

Or dial: 1319-930-(US) +1 612 PIN: 129 030 582#

PROPOSAL CONTENT

Proposals should include concise but complete information about your company, emphasizing why you believe your company to be best qualified to furnish services in support of the City’s project needs.

At a minimum, the Proposal should include:

● Transmittal Letter (REQUIRED - offeror supplied PDF; should not exceed two (2) electronic pages). Provide an introductory letter that (1) states the full name and address of your company, (2) states the number of years you have been providing Life/AD&D Insurance and STD Administration Services under your present company or trade name, and (3) includes the name, telephone number, and email address of the contact person for the submission. Additionally, this introductory letter should succinctly highlight your understanding of the project and the benefits of accepting your proposal, explaining the value that you provide to the City.

● Technical Proposal (REQUIRED - offeror supplied PDF; should not exceed twenty (20) electronic pages). All proposals should specifically address the following items:

o Background, Experience, and Qualifications

▪ Provide a brief history and overview for your company, emphasizing your experience in providing Life/AD&D Insurance and STD Administration Services.

▪ Please provide an organizational chart showing your proposed account management team and claims support team. Resumes for key professionals are encouraged and may be submitted as OPTIONAL forms.

▪ Please identify at least three (3) client references (including contact names, email, and phone numbers). For each reference, please include a summary of the services provided. Public sector client references are recommended.

▪ Please provide proof of licensure in Ohio.

▪ Please disclose your current A.M. Best rating or equivalent financial strength rating.

▪ Please disclose if any governmental agency has ever suspended or debarred your company. If yes, explain.

https://meet.google.com/xin-iowm-ibn o Project Approach

▪ Please provide a detailed description of your proposed Life and AD&D

Insurance coverage in response to the City’s RFP, including policy provisions, claims covered, benefit schedules, exclusions, and limitations.

▪ Please provide a description of your proposed STD Administration Services and General Administrative Services, including enrollment, claims administration procedures and workflows, customer service, and reporting capabilities.

▪ Please discuss your implementation/transition plan and timeline.

▪ Please describe any online portal and technology system capabilities associated with your proposal, including any potential integration benefits with the City’s HR/payroll system (ADP) and data security features.

▪ Please provide sample employee communication materials and certificates of coverage (will not be counted against the page limit) .

▪ Additional Information – Offerors are invited to provide any additional information and/or value-added services specific to the RFP parameters that will assist the City in considering their proposal overall.

o Cost

▪ The project cost is important to the City. Submissions should include:

Rate Proposals

- Detailed premium rate schedules.

- Breakdown of rates for basic life insurance and AD&D coverage.

- Fees for STD Administration Services and General Administrative

Services.

- Any other administrative fees or additional costs (implementation, technology, etc.).

- Any credits (implementation credit, universal credit, technology credit, etc.).

- Rate guarantee period. For any renewal periods, please indicated how far in advance of the renewal date the renewal rates will be provided to the City.

- Total Estimated Year 1 Project Cost (annual Life/AD&D premium and any associated STD and administrative fees) for the period of January 1, 2027 – December 31, 2027. (Based on the City’s current benefits package as detailed on page 5 of this RFP and the available census data.)

- Costs associated with any identified value-added and negligible rate increase benefits (this information should be presented separately from the Total Estimated Year 1 Project Cost).

● Exceptions Letter (OPTIONAL – offeror supplied PDF). Should you take exception to ANY requirements, terms and conditions identified in this RFP, a letter must be submitted with your response identifying ALL exceptions. Exceptions will be part of the evaluation process. The City will not entertain any exceptions not previously submitted with the offeror’s response at the time of contract negotiations.

● Contract Forms (OPTIONAL – download from Project Portal). Offerors are urged to include completed Contract Forms (including a Noncollusion Affidavit and Personal Property Tax Affidavit) with their proposal. If not included with the submission, the Successful Offeror(s) will be required to execute and submit such forms before contract award.

SUBMISSION INSTRUCTIONS

Requested Information:

Name Type # Files Requirement

Transmittal Letter (offeror supplied) File Type: PDF (.pdf) 1 File Required

Technical Proposal (offeror supplied) File Type: PDF (.pdf) 1 File Required

Resumes for Key Professionals (offeror supplied) File Type: PDF (.pdf) 1 File Optional

Exceptions Letter (offeror supplied) File Type: PDF (.pdf) 1 File Optional

Contract Forms (download from Project Portal)

File Type: PDF (.pdf) 1 File Optional

Requested Documents:

Please note the type and number of files allowed. The maximum upload file size is 1000 MB.

Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

Upload your submission at: https://westerville.bonfirehub.com/opportunities/236648

You will not be able to prepare a submission unless you submit 'Yes' for your Intent to Bid.

The Q&A period for this opportunity is May 21, 2026, 3:00 PM (EDT) to June 4, 2026, 5:00 PM (EDT). You will not be able to send messages after this time. Questions may be submitted to the City at either Bids@westerville.org or via the Project Portal. Questions will be documented, and an addendum will be issued with the City’s responses. The City will endeavor to have a copy of such addendum delivered to each person receiving a Request for Proposal; however, it is ultimately the Offeror’s responsibility to check the City’s Euna mailto:Bids@westerville.org

Procurement/ Bonfire Portal (https://westerville.bonfirehub.com/opportunities/236648) for verification of any issued addenda.

Your submission must be uploaded, submitted, and finalized prior to the Closing Time of June 16, 2026, 5:00 PM (EDT). We strongly recommend that you give yourself sufficient time and at least ONE (1) day before the Closing Time to begin the uploading process and to finalize your submission.

Important Notes:

Each item of Requested Information will only be visible after the Closing Time.

Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed.

You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

Minimum system requirements: Microsoft Edge, Google Chrome, or Mozilla Firefox.

Javascript must be enabled. Browser cookies must be enabled.

It is the sole responsibility of the offeror to see that their proposal is received in the proper time. Proposals received after the specified time will not be considered.

Adherence to the rules set forth in this RFP is mandatory to ensure a fair and objective analysis of all proposals. Failure to comply with or complete any portion of this request may result in the rejection of a submitted proposal.

Receipt of a proposal by the City or submission of a proposal to the City confers no rights upon the offeror nor obligates the City in any manner.

Need Help? The City uses a Euna Procurement/Bonfire portal for accepting and evaluating proposals digitally. Please contact Euna Procurement/Bonfire at:

support.procurement@eunasolutions.com for technical questions related to your submission. Please direct general inquiries to bids@westerville.org.

PRESENTATION, DEMONSTRATION, INTERVIEW, AND SECURITY REVIEW

Selected offerors may be elevated to the discovery portion of the City’s competitive process and invited to submit product samples/sample materials and/or make presentations to City personnel. Representative(s) attending/hosting these presentations must be qualified to respond to questions related to any component of the proposal.

Discovery may also include a security review with the City’s IT and Cybersecurity team.

REVIEW AND EVALUATION

The City will use a Proposal Evaluation Committee (PEC) comprised of project stakeholders and other City personnel to review all proposals received as part of a documented evaluation process. For each decision point in the process, the PEC will evaluate offerors on a variety of quantitative and qualitative criteria and will then elevate a select number of offerors to compete in the next level. Offerors not previously elevated may be elevated at a later date. The lowest price proposal will not necessarily be selected.

The sole purpose of the proposal evaluation process is to determine which offeror can provide the best value to the City (highest level of service and desired deliverables in the most cost-effective manner that most closely meets the City’s needs). The evaluation process is not meant to imply that one offeror is superior to any other, but rather that the selected offeror can best support the City’s needs, based on the information available and the City’s best efforts of determination.

● Evaluation Criteria The proposal evaluation criteria should be viewed as standards that measure how well an offeror’s approach meets the desired requirements and needs of the City. The criteria that will be used to evaluate proposals may include, but are not limited to the following:

Title Points Type Description

Responsiveness 10 pts Rated - Scale [0 - 10] The degree to which the offeror’s Transmittal Letter and overall proposal have responded to the purpose and scope of the RFP—e.g., services to be provided, including, but not limited to, conformance in all material respects to the RFP.

Scored by PEC.

Experience & Qualifications

30 pts Rated - Scale [0 - 10] Offeror's experience in providing services and deliverables as requested in the RFP, including but not limited to the quality of references/reference checks and the moral/business integrity to assure good faith performance. Scored by PEC.

Capability & Project Approach

40 pts Rated - Scale [0 - 10] Offeror's capability, flexibility, and skill to meet the City’s requirements and perform the work identified in the RFP, including but not limited to approach, project management, service methodologies, creative alternatives, and value-added services.

Scored by PEC.

Cost

20 pts

Relative (lowest gets full marks)

During the initial evaluation phases, cost represents no more than 20 percent of the overall points. Scored by the Procurement Division relative to lowest response (lowest gets full marks).

Prior to making a contract award recommendation, the PEC may elect to use cost to perform a trade-off analysis for finalists to determine if the technical differences between proposals justify paying a cost or price differential.

The City reserves the right to determine the suitability of proposals on the basis of any or all of these criteria or other criteria not included in the above list. This detailed evaluation process may result in one or more finalists. The City may request presentations by finalists and may carry out contract negotiations to obtain best and final offers.

● Validity of Proposals Proposals are to be good for ninety (90) days from the proposal due date. The City may hold the proposals for ninety (90) days after the proposal due date, and may award a contract at any time during that period. Should there be reasons why a contract cannot be awarded within the specified period; the time may be extended by mutual agreement between the City and the selected offeror.

● Contract Negotiations/Award The City reserves the right to (a) reject any or all proposals or to make no award, (b) request modifications to initial proposals, or (c) make partial or multiple awards. In addition, the City reserves the right to obtain other supplemental information concerning the offerors. The City further reserves the right to excuse technical defects in a proposal when, in its sole discretion, such excuse is beneficial to the City. The City may award based on initial proposals received, without discussion of such proposals.

THIRD-PARTY ADVISORS

USI Insurance Services LLC (USI), the City’s current Employee Benefits Broker, provides consultation services on benefits-related matters and will serve as an advisor on this project.

USI's staff are not part of the Proposal Evaluation Committee (PEC) and cannot score the project. They serve solely as advisors who can view project details and may be granted access to vendor submissions exclusively for the purpose of offering relevant industry perspectives.

RIGHT OF REFUSAL

The City reserves the right to reject any and all proposals in their entirety or to select certain applications from the proposals. The City reserves the right to award a contract in any manner deemed in the best interest of its citizens.

PROCUREMENT SCHEDULE

RFP Date 5/21/2026 Pre-Proposal Conference 5/29/2026 Deadline for Submission of Written Questions 6/4/2026 Date of City Response to Above-Mentioned Questions 6/8/2026 Proposals Due 6/16/2026 Evaluation of Proposals 6/22/2026 Presentations/Interviews 6/23/2026 – 7/2/2026 Contract Negotiations/Award 7/3/2026 – 7/14/2026 Project Kick-Off & Start of the Implementation Period On or about 7/15/2026 Commencement of Services 1/1/2027

PUBLIC RECORDS

In entering into a contract with the City (or responding to a City solicitation), all offerors are hereby notified that all bids, proposals, quotations, RFI responses, agreements, invoices, correspondence, and any other documents submitted to the City become public property and are subject to public disclosure in accordance with Ohio Public Records Law. All public records will be made available upon request at the earliest time permitted by law.

Ownership of all data, materials, and documentation originated and prepared for the City pursuant to this RFP shall belong exclusively to the City and be subject to public disclosure in accordance with Ohio Public Records Law.

NON-WAIVER OF RIGHTS

No failure of either party to exercise any power given to it hereunder or to insist upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor any payment under this agreement shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof.

RELATIONSHIP OF THE PARTIES

The relationship between the parties to a contract resulting from this solicitation shall be that of independent contractors. Nothing contained herein shall be interpreted or construed as establishing an agency or employer/employee relationship between the parties or between either party and the employees or representatives of the other party. The Successful Offeror is responsible for all Social Security taxes and Bureau of Workers Compensation contributions for itself and any of its employees.

TERMINATION

The City reserves the right to terminate any contract resulting from this solicitation in whole or in part for default (termination due to the Contractor’s failure to perform satisfactorily) or convenience (termination due to the best interests of the City). After ten (10) days from delivery of a written notice to the Contractor, the City may, without cause and without prejudice to any other right or remedy, elect to terminate the contract. In such case, the Contractor shall be paid for work executed, goods delivered and accepted, and any expense sustained plus reasonable profit, unless such termination was due to the act or conduct of the Contractor.

EXPENSE OF PREPARING RESPONSES

The City accepts no responsibility for any expenses incurred by the responders to this RFP, including the cost associated with RFP responses and presentations. Such expenses are to be borne exclusively by the responders.