RFP 18-008-230 Venue Rental.pdf

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Event Venues
Solicitation number
RFP-WRE-180000003402-2
Issued by
Wayne County, Westland City, Michigan

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33500 Van Born Road Wayne, Michigan 48184-2497 www.RESA.net

THE WAYNE COUNTY REGIONAL EDUCATIONAL SERVICE AGENCY

Board of Education • James S. Beri • Mary E. Blackmon • Danielle Funderburg • Lynda S. Jackson • James Petrie • Randy A. Liepa, Ph.D., Superintendent

ADMINISTRATIVE SERVICES

Erika Hunter Purchasing Consultant

(734) 334-1511

(734) 334-1662 Fax huntere@resa.net

September 6, 2018

REQUEST FOR PROPOSAL

EVENT VENUES

RFP # 18-008-230

Due Date: Thursday, September 20, 2018

10:00 A.M. EST

Wayne RESA Purchasing Office

Bid Opening: Thursday, September 20, 2018

10:30 A.M. EST

Room 374 Suppliers may attend; however, no award will be made at this time.

RFP 18-008-230 Page 2

TABLE OF CONTENTS

I Instructions to Suppliers

A. Introduction B. Scope C. Proposal Process D. Evaluation of Proposals and Awards E. Bid Protest Process F. Indemnity, Release, Insurance and Security G. Default and Termination H. Taxes I. Integration J. Financing

II Event Venue Specifications

A. Venue Rental Specifications B. Length of Contract

III Attachments

Attachment #1: Signature Page Attachment #2: Bid Proposal Attachment #3: Supplier Statement of Qualifications Attachment #4: Ethical Standards Affidavit (MUST BE NOTARIZED) Attachment #5: Conflict of Interest Affidavit (MUST BE NOTARIZED) Attachment #6: Certificate of Liability Insurance Attachment #7: Assurances and Certifications Attachment #8: WCRESA Master Service Agreement (for review; to be signed upon award)

RFP 18-008-230 Page 3

I. INSTRUCTION TO SUPPLIERS

A. Introduction

The Wayne County Regional Educational Service Agency (WCRESA), established by the Michigan Legislature in 1960, is the largest of fifty-six (56) such agencies throughout the state. It is governed by a publicly elected Board of Education. WCRESA provides a wide variety of service to thirty-three (33) public school districts and approximately 110 charter schools in Wayne County, Michigan; serving over 275,000 students. WCRESA, through various consortium arrangements, provides a variety of services to other educational agencies throughout the state of Michigan.

This bid seeks to establish a contract for rental space on an as-needed basis.

Award of this proposal is contingent upon the approval of funding from WCRESA Board of Education.

B. Scope

WCRESA is requesting proposals for space rental.

WCRESA reserves the right to change locations as needed at any time.

Electronic forms of all bid documents are available online at:

http://www.resa.net/services/purchasing/rfp

If you experience problems in downloading the documents, please contact WCRESA Purchasing Consultant, Erika Hunter, via e-mail address is huntere@resa.net.

http://www.resa.net/services/purchasing/rfp mailto:huntere@resa.net

RFP 18-008-230 Page 4

RFP TIMETABLE

RFP Issue Date Thursday, September 6, Submission of Written Questions from Supplier

1:00 p.m., Wednesday, September 12, 2018

Written Questions Response from WCRESA Friday, September 14, 2018

Proposal Due Date 10:00 a.m., Thursday, September 20, 2018

Supplier Presentations TBD

Selection of Preferred Supplier(s) TBD

Contract Negotiations TBD

Project Start September/October 2018

Selected Suppliers may be required to make oral or other presentations. Failure of a Supplier to conduct a presentation on the date scheduled may result in rejection of the Supplier’s proposal. In addition, WCRESA may decide to make site visits to the selected Suppliers’ reference sites or other sites provided by the Supplier.

WCRESA reserves the right to change this schedule as needed and all information provided by

WCRESA in this RFP is offered in good faith. Individual items are subject to change at any time.

WCRESA makes no certification that any item is without error.

C. Proposal Process

1. Proposal must be prepared in compliance with provisions of this RFP. Failure to comply with all provisions of this RFP may result in disqualification of the proposal.

2. Proposals must be received by mail or delivery, by 10:00 a.m., Thursday, September 20, 2018.

Suppliers are to submit one (1) signed original and one (1) electronic copy (include media with the sealed bid documents)

The following table is a summary of the required proposal submission format for this RFP. Please structure your proposal submission per the content and sequence below. Where noted under “Template for Submission”, utilize the attachments provided with this RFP for inputting your responses.

RFP 18-008-230 Page 5

Proposal Section Section Title Template for Submission

Intro Letter of Transmittal

1.0 Executive Summary

2.0 Scope of Proposed Solution

3.0 Comprehensive List of Assumptions

4.0 Company Background/Customer List

5.0 Supplier Relationships or Potential Conflicts with WCRESA

6.0 Signature Page Attachment #1

7.0 Bid Proposal Attachment #2

8.0 Statement of Qualifications Attachment #3

9.0 Ethical Standards Affidavit MUST BE NOTARIZED Attachment #4

10.0 Conflict of Interest Affidavit MUST BE NOTARIZED Attachment #5

11.0 Certificate of Liability Insurance Attachment #6

12.0 Assurances and Certifications Attachment #7

13.0 Exceptions to WCRESA’s Terms and Conditions

Please note on a separate document whether or not your organization takes exception to any term

An overview of the proposal response guidelines are below for your review. Detailed instructions have also been included within all attachments.

PROPOSAL RESPONSE GUIDELINES

The following are detailed guidelines for the format and content of your proposal submission.

Please review the guidelines below in full prior to beginning your proposal.

Letter of Transmittal (Maximum Length=1 page)

The letter should briefly list the name of the company, address of corporate headquarters, contact information of account executive, confirm major components of the work being proposed, and be signed by an individual that is authorized to bind the firm.

Proposal Section 1.0 – Executive Summary (Maximum Length=3 pages)

This part of the response to the RFP should be limited to a brief narrative highlighting the supplier’s proposal. The summary should contain as little technical jargon as possible and should be oriented toward non-technical personnel. The summary should describe the following:

• Key differentiators in service offerings, account management, and value added services proposed by your company

• Your understanding of the scope of requirements and the level to which your proposal has met the requirements

• The summary should also specify the names of similar-sized education, government and other comparably-sized clients that have used the services being proposed

• High-level project execution plan

• Risk management considerations

• Cost by service type

• Value and outcomes delivered to WCRESA

RFP 18-008-230 Page 6

Proposal Section 2.0 - Scope of Proposed Solution (Maximum Length=5 pages) Provide a description of the overall solution or methodology for Venue Rental Services. Include a high-level description of the steps of how the services will be provided and any associated value added services solution that meets the requirements. Confirm that the solution being provided is comprehensive as defined in Section II of the Request for Proposal (Venue Rental Specifications).

In addition, describe the methodology for solution delivery. Finally, describe the client relationship management approach (e.g., steering committee, status reporting).

Proposal Section 3.0 - Comprehensive List of Assumptions (Maximum length = 2 pages) Rather than have assumptions be scattered throughout the proposal, WCRESA requires that all assumptions be listed and explained in this section. Please ensure that all assumptions listed reference the appropriate section of the RFP and/or associated services.

Proposal Section 4.0 - Company Background/Customer List (Maximum Length=5 pages)

Supplier must provide the following information about its company so that WCRESA can evaluate the supplier’s financial stability and ability to support the commitments set forth in response to the

RFP.

The supplier should describe the company’s background, including:

• How long the company has been in business.

• A brief description of the company size and organizational structure as it relates to services proposed.

• How long the company has been working with a) education clients; b) government clients;

and c) commercial clients.

• Describe any current lawsuits, legal actions or governmental investigations against your company including, but not limited to, parties of dispute, any equipment affected, cause of action, jurisdiction and date of legal complaint.

Proposal Section 5.0 - Supplier Relationships or Potential Conflicts with WCRESA Describe any business relations that Supplier currently has or has had with WCRESA; include relationships any parent, subsidiary, or other affiliate company may have with WCRESA.

Please indicate if any employees, officers, directors, members, agents or consultants of Supplier are also an employee of WCRESA.

Proposal Section 6.0 – Signature Page Please refer to the RFP Template Attachment #1

Proposal Section 7.0 – Bid Proposal Please refer to the RFP Template Attachment #2

Proposal Section 8.0 – Statement of Qualifications Please refer to the RFP Template Attachment #3

Proposal Section 9.0 – Ethical Standards Affidavit Please refer to the RFP Template Attachment #4

Proposal Section 10.0 – Conflict of Interest Affidavit Please refer to the RFP Template Attachment #5

RFP 18-008-230 Page 7

Proposal Section 11.0 – Certificate of Liability Insurance Please refer to the RFP Template Attachment #6

Proposal Section 12.0 – Assurances and Certifications Please refer to the RFP Template Attachment #7

Proposal Section 13.0 – Exceptions to WCRESA’s Master Service Agreement While it is WCRESA’s preference that the Supplier sign the standard template “as is” and, in fact, WCRESA may consider extensive changes to the agreement as a reason to exclude a supplier from further consideration; Suppliers may take select exception to terms and conditions (Attachment #8– Master Services Agreement). The Supplier must clearly set forth each exception in its proposal, referencing the affected RFP section, paragraph and page. The Supplier must set forth the reason(s) for the exception and indicate what (if any) alternative is being offered by the supplier. WCRESA shall determine (in its sole discretion) the acceptability of any proposed exception(s).

3. Proposals addressed to: Erika Hunter

Wayne RESA, Purchasing Office

RFP # 18-008-230

Wayne, MI 48184-2497

4. Any proposal received after the time stipulated will not be considered, but will be recorded, filed and shall remain sealed/unopened. Proposals received by facsimile transmissions or electronic mail will not be considered valid unless also received by mail or delivery by the stated deadline.

5. For attachments, only the forms provided in the RFP packet are to be used. Electronic versions may be found on the WCRESA web page at: http://www.resa.net/services/purchasing/rfp/. Altered or substitute forms will not be accepted.

6. ALL submitted documents must be typed or computer generated. (With exception to the required initials in Section IIA and original signatures elsewhere in the document), no handwritten proposals will be allowed.

7. It is understood that each Supplier, before submitting a proposal, shall, if they are uncertain of the conditions, requirements and/or obstacles that might impact the provision of services, request further information or visit the schools to be served. Failure to make such inquiry or receive an answer shall not relieve the successful Supplier from the obligation to comply, in every detail, with all provisions and requirements of the RFP nor shall it be a basis for any claim whatsoever for alteration in any term or payment required by the Agreement.

8. Inquiries regarding this RFP may be directed to:

Erika Hunter Purchasing Consultant, WCRESA Email: huntere@resa.net

PHONE CALLS WILL NOT BE RETURNED

http://www.resa.net/services/purchasing/rfp/ mailto:huntere@resa.net

RFP 18-008-230 Page 8

9. Any discussions with WCRESA personnel (other than as listed above) regarding this RFP while the RFP is in progress (from the time supplier receives this RFP until final award is made) are strictly prohibited. Such contact and discussion may result in disqualification of Supplier’s proposal.

10. If a Supplier discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, they shall immediately notify WCRESA of such error in writing and request modification or clarification of the document. Modifications will be made by issuing a revision and will be given by written notice to all parties who have received this RFP from WCRESA’s Purchasing Department as well as being posted on the WCRESA website. The Supplier is responsible for clarifying any ambiguity, conflict, discrepancy, omission or other error in the RFP prior to submitting the proposal or it shall be deemed waived.

11. No allowance will be made after proposals are received and opened, for oversight, omission, error or mistake by Supplier.

12. All proposals and any accompanying documents become the property of WCRESA and will not be returned.

13. WCRESA will not be liable in any way for any costs incurred by Suppliers in the preparation of their proposals in response to this RFP nor for the presentation of their proposals and/or participation in any discussions or negotiations.

14. WCRESA reserves the right to withdraw this RFP at any time and for any reason and to issue such clarifications, modifications, and/or amendments as it may deem appropriate.

15. Receipt of proposal materials by WCRESA or submission of a proposal to WCRESA offers no rights against WCRESA nor obligates WCRESA in any manner.

16. WCRESA reserves the right to waive minor irregularities in proposals. Any such waiver shall not modify any remaining RFP requirements or excuse the Supplier from full compliance with the RFP specifications and other contract requirements if the Supplier is awarded the contract.

17. Proposal must be signed by an officer of the Supplier who is legally authorized to obligate the

Supplier to a contract.

18. All proposals shall be a matter of public record subject to the provisions of Michigan law.

19. In the event the district and/or district building, is closed due to unforeseen circumstances on the day proposals are due proposals will be due at the same time on the next day that the Wayne WCRESA building is open.

D. Evaluation of Proposals and Award

1. All Suppliers, by submitting proposals, agree that they have read and are familiar with all the terms and conditions of the RFP and will abide by the terms and conditions thereof.

2. WCRESA, at its sole discretion, shall determine whether particular Suppliers have the basic qualifications to conduct the desired service for WCRESA. In determining whether a Supplier possess the basic qualifications to operate, WCRESA may consider, but not be limited to, the following:

RFP 18-008-230 Page 9

(a) Supplier’s ability to meet the functional requirements of this RFP

(b) Supplier’s adherence to applicable laws, ordinances, etc. and industry standards

(c) Supplier’s commitment and experience in successfully performing similar agreements

(d) Supplier’s general reputation for performance and service;

(e) Supplier’s longevity of service (number of years) and previous experience;

(f) Years of continuous business;

(g) Supplier’s compliance to the schedule of events including participation in pre-bid conference, RFP review meeting and walk through if applicable.

(h) Acceptability of product/services to the internal customer.

(i) Overall service quality

(j) Firm’s general reputation for performance and service.

(k) Supplier’s financial condition

(l) Meets Michigan Department of Education definition of fiscally reasonable expenditure.

(m) Supplier’s willingness to comply with the proposed agreement with no objections.

(n) Value added proposals

(o) Flexibility in migrating to newer technology – movement between services without termination charges. Consideration will be given to Suppliers that respond for multiple services.

3. Proposals will first be examined to eliminate those that are clearly non-responsive to stated requirements.

4. Award shall be made to the most responsible Supplier whose proposal is determined to be the most advantageous to WCRESA taking into consideration the terms and conditions set forth in this RFP.

A valid and enforceable contract exists when an agreement is fully executed between WCRESA and the Supplier.

5. Any response that takes exception to any mandatory items in this RFP may be rejected and not considered.

6. WCRESA reserves the right to accept or reject in part or in whole any or all proposals submitted.

7. WCRESA reserves the right to request in writing clarifications or corrections to proposals.

Clarifications or corrections shall not alter the Supplier’s price contained in the cost proposal.

8. WCRESA reserves the right to negotiate further with the successful Supplier. The content of the

RFP and the successful Supplier’s proposal(s) will become an integral part of the contract, but may be modified by the provisions of the contract.

9. By submission of proposals pursuant to this RFP, Suppliers acknowledge that they are amenable to the inclusion in a contract of any information provided either in response to this RFP or subsequently during the selection process.

10. A proposal in response to an RFP is an offer to contract with WCRESA based upon the terms, conditions, and scope of work and specifications contained in the RFP.

11. WCRESA has the right to use, as WCRESA determined to be appropriate and necessary, any information, documents, and anything else developed pursuant to the RFP, the proposal and the contract.

RFP 18-008-230 Page 10

12. Suppliers must submit proposals that are complete, thorough and accurate. Brochures and other similar material may be attached to the proposal.

13. All proposals must be valid for at least sixty (60) days from the proposal submission date.

14. Proposals received after the specified date and time for proposal submission shall not be considered, but will be recorded, filed, and shall remain sealed.

E. Bid Protest Process

Bid protests are filed by Suppliers because they seek to remedy a wrong, actual or perceived, which could inflict or has inflicted injury or hardship to their company as a result of some action taken by WCRESA during the solicitation process. Common reasons for Suppliers filing a bid protest include:

• The Master Agreement was awarded to Supplier with higher prices.

• The Supplier proposal was rejected for invalid reasons.

• The Supplier awarded the resultant Master Agreement did not comply with RFP specifications.

1. General Authority WCRESA Administrator maintains the exclusive authority and responsibility to purchase and rent all materials, supplies and equipment, furnishings, fixtures and all other personal property for use by WCRESA departments, districts or agencies which are governed by WCRESA's Board.

2. Protest Procedure Upon a determination of Supplier selection from a bid process, the Purchasing Consultant will post a “Notice of Intent to Award” on WCRESA’s bid website, and notify all solicitation participants of the intended award via email.

A. Non-selected Suppliers will have three (3) business days from the date the notice is posted to file a formal bid protest with WCRESA Administrator or the designee.

B. The bid protest, which must be received by WCRESA Administrator or designee within the three (3) day period, shall be in writing, and include the specific facts, circumstances, reasons and/or basis for the protest. This written notice may be in the form of a letter, fax or email.

C. Upon execution of the Master Agreement with the selected Supplier, WCRESA Administrator or designee will not take action on a bid protest, but a written response will be provided to the protesting Supplier.

D. If a Supplier's bid protest is appropriately filed, WCRESA Administrator or designee may delay the award of the Master Agreement until the matter is resolved.

E. Notwithstanding the foregoing, throughout the bid protest review process, WCRESA has no obligation to delay or otherwise postpone an award of a Master Agreement based on a bid protest. In all cases, WCRESA reserves the right to make an award when it is determined to be in the best interest of WCRESA to do so.

F. WCRESA Administrator or designee will respond to all bid protests in a timely manner.

RFP 18-008-230 Page 11

F. Indemnity, Release, Insurance and Security

1. Evidence of Supplier Insurance Coverage

The Supplier shall provide WCRESA at the time the Bid Proposal is submitted, Certificates of Insurance and/or policies, acceptable to WCRESA, as listed below:

• Certificate of Liability Insurance (Attachment #6) properly executed. Individual certificates of insurance and/or policies may be required prior to work commencing.

2. Insurance Requirements

During the performance and up to the date of final acceptance of the work, the Supplier must effect and maintain insurance hereafter listed below:

a) The Supplier shall procure and maintain during the life of this contract, Workers’

Compensation Insurance, including Employers Liability Coverage at limits of $100,000 per person, $500,000 aggregate, in accordance with all applicable statutes of the State of Michigan.

b) The Supplier shall procure and maintain during the life of this contract, Commercial General

Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined single limit, Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following extensions:

1) Contractual Liability;

2) Products and Completed Operations;

3) Per contract aggregate.

c) The Supplier shall procure and maintain during the life of this contract, Motor Vehicle Liability

Insurance, including applicable no-fault coverage, with limits of liability of not less than $1,000,000 per occurrence combined single limit Bodily Injury and Property Damage.

Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.

d) The following shall be Additional Insureds on Commercial General Liability Insurance and

Vehicle Liability: Wayne County Regional Educational Service Agency, and including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees, and volunteers.

This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage is primary, contributing or excess.

3. Workers’ Compensation Insurance, Commercial General Liability Insurance and Motor Vehicle

Liability Insurance, as described above, shall include an endorsement stating the following: “Sixty

(60) days Advance Written Notice of Cancellation or Non-Renewal shall be sent to Erika Hunter, Purchasing Consultant, Wayne WCRESA, 33500 Van Born Road, Wayne, MI 48184.”

4. If any of the above coverages expire during the term of this contract, the Supplier shall deliver renewal certificates and/or policies to Wayne WCRESA at least ten (10) days prior to the expiration date.

RFP 18-008-230 Page 12

5. Indemnification and Hold Harmless – The Supplier shall indemnify and hold harmless WCRESA, its officers, agents, and employees from:

a) Any claims, damages, costs and attorney fees for injuries or damages arising, in part or in whole, from the negligent or intentional acts or omissions of the Supplier, its officers, employees and/or agents, including its sub or independent contractors, in connection with the performance of the contract.

b) Any claims, damages, penalties, costs and attorney fees arising from any failure of the Supplier, its officers, employees and/or agents, including its sub or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

c) WCRESA will not indemnify, defend or hold harmless in any fashion the Supplier from any claims arising from any failure on the part of the Supplier, its employees or suppliers, regardless of any language in any attachment or other document that the Supplier may provide.

d) The Supplier shall reimburse WCRESA any expenses incurred as a result of the Supplier’s failure to fulfill any obligation in a professional and timely manner under the Agreement.

G. Default and Termination

1. In the event the Supplier shall default in any of the obligations or conditions set forth in the Agreement or their performance does not meet established criteria, WCRESA may notify the Supplier of such default in writing.

2. Written notice referred to in this article shall be deemed delivered upon presentation to any person designated by the Supplier as the manager or, in the case of notice by the Supplier, the Associate Superintendent of Administrative & Financial Services or by mailing the same certified or registered mail to the address for the Supplier in the proposal, or the address for WCRESA in the case of notice by the Supplier.

3. Failure on the part of WCRESA to notify the Supplier of default shall not be deemed a waiver by

WCRESA of WCRESA’s rights on default of the Supplier and notice at a subsequent time will have the same effect as if promptly made.

4. Upon receipt of notice of default from WCRESA, the Supplier shall immediately correct such default. In the event the Supplier fails to correct the default to the satisfaction of WCRESA, WCRESA shall have all rights accorded by law, including the right to immediately terminate the Agreement. Such termination shall not relieve the Supplier of any liability to WCRESA for damages sustained by virtue of any default by the Supplier.

5. The Supplier agrees that, in the event either party deems it necessary to take legal action to enforce any provision of the Agreement, and in the event WCRESA prevails, the Supplier shall pay all expenses of such action including WCRESA’s attorney fees and costs at all stages of the litigation.

6. The parties may mutually terminate the contract/agreement that results from this proposal at any time. Either party may terminate the contract/agreement with cause given a sixty (60) day notice to the other party.

RFP 18-008-230 Page 13

7. Termination of the Agreement by WCRESA upon default by the Supplier shall be sufficient grounds for the forfeiture of any bonds, if required to be posted by the Supplier, and the bonds shall so specify.

H. Taxes

WCRESA is exempt from all federal, state and local taxes. WCRESA shall not be responsible for any taxes that are imposed on the Supplier. Furthermore, the Supplier understands that it cannot claim exemption from taxes by virtue of any exemption that is provided to WCRESA.

I. Integration

All RFP documents and addendum, Supplier’s response to this RFP, subsequent purchase orders, and contract with the successful Supplier contains the entire understanding between the parties.

J. Financing Option

NOT APPLICABLE

RFP 18-008-230 Page 14

II. VENUE RENTAL SPECIFICATIONS

WCRESA Historical Usage for Fiscal Year (FY) 2018*

• Number of events held: 37

• Approximate average participants per event: depends on size of event o Small professional development: 30-50 participants o Standard professional development: 40-100 participants o Large professional development: 75-100 participants

*WCRESA provides this historical data for information purposes only. It is not a guarantee of the organization’s current or future use.

A. Program Requirements

On an as-needed basis, suppliers to provide venue rental and related services. This service will include:

Please initial each specification to confirm your organization’s understanding of WCRESA’s requirement.

You may provide additional information for each specification (as instructed) in Section 2.0 of your proposal

Specification Initial Comments Flexible dates

• Venues are mostly used:

o Evenings (4:00-7:45pm) o Saturdays (8:30-3:30pm)

Buffet Catering

• Affordable buffet options suitable for a large group of people

• Customizable Menus

• Coffee Service (Saturday mornings)

Room Set-up

• Squares or round tables for 6-8 people per table

• Break-out rooms are usually needed

Audio Visual Equipment

• Projector & Screen

• Computer/Laptop

• Wireless Mic/Lavalier

• Easels (needed upon request)

Parking

• Access to parking lot

• Valet Parking (reduced rate)

Location

• Centrally Located preferred

B. Length of Contract

Provide pricing for a three (3) year contract. In addition, it is acceptable to offer any other options that might provide a best case price scenario for districts.

RFP 18-008-230 Page 15

III. ATTACHMENTS

Attachment #1 Signature Page

Attachment #2 Bid Proposal

Attachment #3 Statement of Qualifications

Attachment #4 Ethical Standards Affidavit – Must be notarized

Attachment #5 Conflict of Interest Affidavit - Must be notarized

Attachment #6 Certificate of Liability Insurance

Attachment #7 Assurances and Certifications

Attachment #8 WCRESA Master Service Agreement (to be issued upon award)

RFP 18-008-230 Page 16

Attachment #1

SIGNATURE PAGE

This form must be returned, properly executed.

Please use this page as a cover sheet for your bid proposal.

In compliance with the Request for a Proposal made by Wayne WRESA, the undersigned proposes to furnish and deliver all services in accordance with the accompanying descriptions and instructions in the RFP. The undersigned also asserts that:

• This proposal is made without any previous understanding, agreement or connection with any other person, firm or corporation making a bid for the same purchase, and is in all respects fair and without collusion or fraud.

• No member of the Board of Education of the Wayne County Regional Educational Service Agency (WRESA) nor any officer, employee or person whose salary is payable in whole or in part from the treasury of said Board of Education is directly or indirectly interested in this proposal or in the services to which it relates, or in any portion of the profits thereof.

• All prices herein are net and exclusive of all federal, state and municipal sales and excise taxes.

• Said bidder clearly understands that Wayne WWCRESA will be the sole judge in determining the quality of services as being equal to or in compliance with the descriptions set forth in the

RFP.

Company:

Name:

Signature of above:

Title:

Address:

Telephone:

Fax Number:

Date:

Are you a small business? Yes _____ No _____

Are you a minority business? Yes _____ No _____

If yes, list minority:

RFP 18-008-230 Page 17

Attachment #2

Bid Proposal Additional pages may be added as needed to propose alternative solutions

Supplier: Contact:

Address: Phone Number:

Fax Number:

Supplier web site: Supplier email:

Description Unit Price

Venue Room Rental Rate

Buffet Cost (Per Person) Room Set Up Cost Parking Cost (Per Vehicle) Valet Cost Audio-Visual Rentals

• Projector & Screen

• Computer/Laptop

• Wireless Mic/Lavalier

• Easels (needed upon request)

Coffee Service

Additional Proposed Items/Services:

Signature: Date:

Print Name: Title:

RFP 18-008-230 Page 18

Attachment #3

SUPPLIER STATEMENT OF QUALIFICATIONS

Company Name: Phone Number:

Company Address: Fax Number:

Contact Name:

Contact Title:

Company website: Email:

Number of years in business:

Company’s financial rating: Duns or Bank reference (i.e., name and address of bank where company’s commercial account is located):

List 3 current or recent EDUCATIONAL clients for reference purposes.

Client Data Description and Date of Service

Name:

Address:

Phone Number:

Contact Name:

Signature: Title: Date:

RFP 18-008-230 Page 19

Attachment #4

ETHICAL STANDARDS AFFIDAVIT

Contractor, after being first duly sworn, affirms that by its employment policy, standards and practices it does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to race, creed, color, national origin, age or sex and that it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

Contractor understands that it shall be a breach of ethical standards for any person to offer, give or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter pertaining to any program requirement of a contract or subcontract or to any solicitation or proposal therefore.

Contractor also understands that it shall be a breach of ethical standards for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award or a subcontract or order.

Contractor also understands that it shall be a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a metropolitan government contract upon the agreement or understanding for a contingent commission, percentage or brokerage fee, except for the retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business.

Contractor represents that it has not retained anyone in violation of the foregoing.

Contractor also understands that a breach of ethical standards could result in civil or criminal sanctions and/or debarment or suspension from being a seller, contractor or subcontractor under metropolitan government contracts.

Print name of bidder: Signature:

Name of Company: City: State:

Sworn to and subscribed before me, a notary public in and for the above state and county, on this

________ Day of _______________, 20_____.

Notary Public ______________________________________

My commission expires:

Seal

RFP 18-008-230 Page 20

Attachment #5

CONFLICT OF INTEREST AFFIDAVIT

This affidavit is required by state law and complies with the State of Michigan, Act No. 232 of Public Acts of 2004, Enrolled House Bill No. 5376, Sec. 1267, paragraph 3, and sub-paragraph (d), as listed below:

(3) The advertisement for bids (and proposals) shall do all of the following:

State that the bid shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the bidder and any member of the board, intermediate school board, or board of directors or the superintendent of the school district, intermediate superintendent of the intermediate school district, or chief executive of the public school academy. A board, intermediate school board, or board of directors shall not accept a bid that does not include this sworn and notarized disclosure statement.

CHECK ONE OF THE TWO BOXES BELOW.

List and describe all existing Conflicts of Interest. (Attach an additional page if necessary.)

To the best of my knowledge, no conflict of interest exists.

Print name of bidder: Signature:

Name of Company: City: State:

NOTARY: State of County of

Sworn to and subscribed before me, a notary public in and for the above state and county, on this

Day of , 20 .

Notary Public

My commission expires:

Seal

RFP 18-008-230 Page 21

Attachment #6

ACORD CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YY)

PRODUCER

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS

UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE

COVERAGE AFFORDED BY THE POLICIES BELOW.

INSUREERS AFFORDING COVERAGE

INSURED

INSURER A:

INSURER B:

INSURER C:

INSURER D:

INSURER E:

COVERAGES

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OF CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

IN

S R

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE(MM/DD/YY)

POLICY EXPIRATION

DATE(MM/DD/YY) LIMITS

A

GENERAL LIABILITY EACH OCCURENCE $

COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ CLAIMS MADE OCCUR MED EXP (Any one person) $

________________________________ PERSONAL & ADV INJURY $

________________________________ GENERAL AGGRREGATE $

GENERAL AGGREGATE LIMIT APPLIES

PER: PRODUCTS-COMP/OP AGG $

POLICY PROJECT LOC

B

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $

ANY AUTO (Ea accident)

ALL OWNED AUTOS BODILY INJURY

SCHEDULED AUTOS (Per person)

HIRED AUTOS BODILY INJURY

NON-OWNED AUTOS (Per accident)

____________________________ PROPERTY DAMAGE

(Per accident)

GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $

ANY AUTO OTHER THAN EA ACC $

AUTO ONLY: AGG $

EXCESS LIABILITY EACH OCCURRENCE

OCCUR CLAIMS MADE AGGREGATE $

DEDUCTIBLE $

RETENTION $ $

C WORKERS COMPENSATION AND

EMPLOYERS’ LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE

OFFICER/MEMBER EXCLUDED?

WC STATUT-

ORY LIMITS

OTHER

E L EACH ACCIDENT $

If yes, describe under SPECIAL PROVISIONS below

E.L. DISEASE-EA EMPLOYEE

E.L. DISEASE – POLICY LIMIT

OTHER $

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS

CERTIFICATE

HOLDER

ADDITIONAL INSURED; INSURER LETTER: __ CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL

30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,

BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY

KIND UPON THE INSURER, ITS AGENTS OF REPRESENTATIONS

AUTHORIZED REPRESETNATIVE

RFP 18-007-252 Catering and Food Operation Services Page 22

Attachment #7

Assurances and Certifications

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

The prospective contractor certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded for from participating in this transaction by any Federal department of agency. Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective contractor shall attach an explanation to this proposal.

Certification Regarding Nondiscrimination Under Federally and State Assisted Programs

The applicant herby agrees that it will comply with all federal and Michigan laws and regulations prohibiting discrimination and, in accordance therewith, no person, on the basis of race, color, religion, national origin or ancestry, age, sex, marital status or handicap, shall be discriminated against, excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in any program or activity for which it is responsible or for which it receives financial assistance from the U.S. Department of Education or the MDE.

Assurance Regarding Access to Records and Financial Statements

The applicant hereby assures that it will provide the pass-through entity, i.e., the Wayne County Regional Educational Service Agency, and auditors with access to the records and financial statements as necessary for the pass-through entity to comply with Section 400 (d) (4) of the U.S. Department of Education Compliance Supplement for A-133.

Iran Economic Sanctions Act

The prospective contractor certifies that its organization, by submission of this proposal, is not an Iran Linked Business. Please refer to the “Iran Economic Sanction Act” Public Act 517 for clarifications or questions. Wayne WCRESA as a Michigan public entity is required to follow Public Act 517 of 2012.

Date ____________ ____________________________________________ Signature

RFP 18-008-230 Page 23

Attachment #8

Wayne Regional Educational Service Agency Master Service Agreement

This Master Service Agreement (the “Agreement”) is entered into as of this first day of XXXX, 2018 (“Effective Date”) by and between Wayne Regional Educational Service Agency (”WCRESA”) located at 33500 Van Born Road, Wayne, Michigan 48184 and XXXXXX (“Supplier”), located at XXXXXXX.

Collectively, WCRESA and Supplier will be known as the “Parties” and individual as a “Party”.

WHEREAS, WCRESA wishers to engage Supplier to provide certain services as described in Section 2 of this Agreement (“Services”);

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties hereby agree as follows:

1. Services. During the Term of this Agreement, WCRESA shall:

XXXXXXXXX

WCRESA has designated the following individual(s) as official approvers on its behalf:

Name Title Phone Email Address

2. Supplier Responsibilities. During the Term of this Agreement, Supplier agrees to timely furnish services, materials, information, resources and feedback as reasonably requested by WCRESA.

Supplier’s failure to do so may affect the terms, including without limitation, the payments for Services. In particular, Supplier agrees to furnish:

XXXXXXXXX

Supplier has designated the following individual(s) as official approvers on its behalf:

Name Title Phone Email Address

3. Compensation. WCRESA’s fees for the Services during the Initial Term are:

XXXXXX

4. Invoicing. The invoice must detail the Services performed, the dates the Services were completed and shall detail expenses apart from the Supplier Fees. Any discounts, rebates or other credits and the basis and calculation for each should also be included. Supplier must submit to WCRESA all invoices related to this Agreement within ninety (90) days from the date that services are rendered.

WCRESA is not obligated to pay any invoices submitted after this time frame.

RFP 18-008-230 Page 24

5. Payment Terms. Payment will be made within thirty (30) days after WCRESA’s receipt of an invoice from Supplier.

6. Federal Grants or Contracts. Federal funds may be used to pay for all or part of the Services. These terms and conditions are dictated by the funding agency. WCRESA must comply by insuring that the Supplier understands and can abide by the funding agency requirements and as such, this service is subject to the terms and conditions dictated by the funding agency. The cited references carry the same force and effect as if given in full text. All references to granting agency in the regulations cited are understood to refer to WCRESA; all references to grantee or recipient are understood to refer to Supplier

7. Taxes. WCRESA is exempt from all federal, state and local taxes. WCRESA shall not be responsible for any taxes that are imposed on the Supplier. Furthermore, the Supplier understands that it cannot claim exemption from taxes by virtue of any exemption that is provided to WCRESA.

8. Term. The term of this Agreement shall be XXXXXX, 20XX to XXXXXX, 20XX (the “Initial Term”). The Initial Term will be known as the “Term”.

9. Relationship of the Parties. The parties are Independent Contractors and no other relationship is intended, including without limitation a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant or other special relationship. Neither Party shall act in a manner which binds the other party or expresses or implies a relationship other than that of Independent Contractor.

10. Confidentiality.

a. The Parties may receive, or have already received, Confidential Information from one another in connection with this Agreement.

b. "Confidential Information" means any information ( i ) that is valuable to disclosing Party and its business, (ii) that is marked with the word “Confidential” if in a form which permits such marking or, if disclosed orally, is followed by written confirmation to the receiving Party within thirty (30) days of disclosure, and (iii) that is not generally known by the public, including without limitation, any technical or non-technical information, without regard to form, which derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

c. The term "Confidential Information" as used herein does not include any information that is (i) already known to the public or the receiving Party prior to disclosure by the disclosing Party, or (ii) subsequently made known to the public without any violation of this Agreement, or (iii) rightfully received by the receiving Party from a third party without similar restriction and without breach of this Agreement, or (iv) independently developed by the receiving Party without breach of this Agreement.

d. The receiving Party (i) shall hold disclosing Party’s Confidential Informationin strict confidence, and (ii) may not disclose such information, in whole or in part, without the prior written consent of the disclosing Party, except as provided in [e] below.

RFP 18-008-230 Page 25

e. The receiving Party may disclose the disclosing Party’s Confidential Information (i) as required by law, or (ii) to the receiving Party’s partners, agents, employees and other authorized representatives (collectively, the “Representatives”) who need to know such information in connection with the receiving Party’s provision of Services or other obligations under this Agreement. The receiving Party agrees to inform their Representatives of the nature of the Confidential Information and to require the Representatives to keep such information confidential.

f. The receiving Party may destroy the disclosing Party’s Confidential Information upon (i) termination of this Agreement, or (ii) receipt of written permission from the disclosing Party.

11. Compliance with Laws. Each Party agrees to comply with all applicable laws in the performance of this Agreement.

12. Warranties and Warranty Disclaimer. Supplier warrants that all Services will be performed in a professional and workmanlike manner in accordance with industry standards.

13. Limitation of Liability. NEITHER PARTY SHALL BE LIABLE UNDER THIS

AGREEMENT TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL,

CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANY PROVISION

IN THIS AGREEMENT TO THE CONTRARY, WRESA'S LIABILITY FOR DAMAGES OF

ANY KIND, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY,

SHALL NOT EXCEED THE AMOUNT EQUAL TO SIX MONTHS WORTH OF FEES PAID

UNDER THIS AGREEMENT.

14. Indemnification and Hold Harmless. The Supplier shall indemnify and hold harmless WCRESA, its officers, agents, and employees from:

e) Any claims, damages, costs and attorney fees for injuries or damages arising, in part or in whole, from the negligent or intentional acts or omissions of the Supplier, its officers, employees and/or agents, including its sub or independent contractors, in connection with the performance of the contract.

f) Any claims, damages, penalties, costs and attorney fees arising from any failure of the

Supplier, its officers, employees and/or agents, including its sub or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

g) WCRESA will not indemnify, defend or hold harmless in any fashion the Supplier from any claims arising from any failure on the part of the Supplier, its employees or suppliers, regardless of any language in any attachment or other document that the Supplier may provide.

h) The Supplier shall reimburse WCRESA any expenses incurred as a result of the Supplier’s failure to fulfill any obligation in a professional and timely manner under the Agreement.

15. Insurance.

The Supplier must, at Supplier’s expense, procure and maintain during the life of this contract insurance hereafter as listed below:

RFP 18-008-230 Page 26

a. Workers’ Compensation Insurance, including Employers Liability Coverage, at limits of $100,000 per occurrence/$500,000 aggregate, in accordance with all applicable statutes of the State of Michigan.

b. Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1 million per occurrence and/or aggregate combined single limit, Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following extensions:

i. Contractual Liability;

ii. Products and Completed Operations;

iii. Per contract aggregate.

c. Automobile Liability Insurance, including applicable no-fault coverage, with limits of liability of not less than $1 million per occurrence combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.

d. The following shall be Additional Insureds on Commercial General Liability Insurance and

Vehicle Liability: Wayne County Regional Educational Service Agency, and including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees, and volunteers.

e. This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage is primary, contributing or excess.

f. Workers’ Compensation Insurance, Commercial General Liability Insurance and

Automobile Liability Insurance, as described above, shall include an endorsement stating the following: “Sixty (60) days Advance Written Notice of Cancellation or Non-Renewal shall be sent to Wayne WCRESA Purchasing Consultant, 33500 Van Born Road, Wayne, MI 48184.”

g. If any of the above coverages expire during the term of this contract, the Supplier shall deliver renewal certificates and/or policies to Wayne WCRESA at least ten (10) days prior to the expiration date.

16.

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