RFP 63-2025 Insurance Brokerage Services.pdf

CITY OF BOULDER, COLORADO

Finance Department / Purchasing Division

1136 Alpine P.O. Box 791 Boulder, Colorado 80306 Telephone: 303-441-1857 Email: andrusp@bouldercolorado.gov

REQUEST FOR PROPOSALS

RFP NO. 63-2025

Insurance Brokerage Services

ISSUE DATE: October 28, 2025

DUE DATE: 4:00 PM, November 10, 2025

Proposals must be electronically saved to the Bidnet website PRIOR TO

Proposal Due Date and Time above.

CONTACT:

Emily Dillon, Risk

Manager 303-441-4138 Dillone@bouldercolorado.gov

CITY OF BOULDER

mailto:andrusp@bouldercolorado.gov mailto:Dillone@bouldercolorado.gov

Table of Contents

NOTICE OF REQUEST FOR PROPOSALS - RFP NO. 63-2025

INSTRUCTIONS TO PROPOSERS AND PROCUREMENT SCHEDULE

SCOPE OF SERVICES

PROPOSAL CONTENT

EVALUATION CRITERIA

ACCEPTANCE OF TERMS AND CONDITIONS

NON-COLLUSION CERTIFICATE

FORM OF AGREEMENT

NOTICE OF REQUEST FOR PROPOSALS - RFP NO. 63-2025

Insurance Brokerage Services

The City of Boulder (“City”), by and through its Risk department, is seeking proposals from qualified vendors for insurance brokerage and risk management support services.

Bidnet – Required. Solicitation documents will be issued electronically only. A copy of this Request for

Proposals (RFP) must be obtained only from the Rocky Mountain E-Purchasing System at:

www.bidnetdirect.com/colorado (aka Bidnet). Any modifications to this RFP or addenda pertaining to this RFP will be published to the above-mentioned website(s), and all proposers are responsible to periodically check these websites for relevant updates prior to the submittal of a proposal.

The City will only accept electronic submissions saved to the Bidnet website in response to this RFP. Electronic submissions to the Bidnet website are required to be considered for an award. To submit your RFP online, please visit www.bidnetdirect.com/colorado. Please authorize receiving notices through Bidnet relating to this procurement.

Deadline. The submission deadline is November 10, 2025 at 4:00 p.m. This deadline is mandatory. You must save your submission to the Bidnet website before the deadline. Failure to do so may result in an inability to submit that is automatically implemented in the software. Except as set forth herein, no exceptions will be allowed. The City specifically reserves the right to reject late submissions.

Technical Submission Issues. In extraordinary circumstances, the City may permit late submissions if the City, in its sole discretion, determines the proposer has shown good cause due to technical issues. If you experience problems submitting your electronic response, please contact the Bidnet Direct technical support team (800-835-

4603) prior to the submission deadline and document the technical errors and your efforts to resolve the same before such deadline. Proposers are encouraged to document that their Bidnet submission was saved in case technical issues arise or are later discovered. Your documentation may include e-mailing your submission to andrusp@bouldercolorado.gov provided such submission is e-mailed by the deadline or immediately upon discovery of the issue. By this paragraph, the City does not guarantee it will accept submissions that experience technical issues.

Costs. Proposals shall be prepared at the proposer’s expense.

Public Record. Proposals are public records and subject to disclosure under the Colorado Open Records Act

(CORA).

Confidential Data. All materials are presumed to be public records. However, confidential data, if unambiguously identified as such, will be held confidential upon request if: (1) it is clearly and unambiguously identified in writing, (2) the request is made as part of the proposal, and (3) if the City Attorney determines the data meets the requirements of the Colorado Open Records Act. The City’s Access to Public Records Policy, which includes policies about release of solicitation records, can be found on the City’s Central Records web page under the heading Additional Resources.

http://www.bidnetdirect.com/colorado http://www.bidnetdirect.com/colorado https://bouldercolorado.gov/services/central-records

Preference. Preference is given to labor, materials, supplies, or provisions produced, manufactured, or grown in

Colorado, quality and price being equal to articles or services offered by competitors outside the State of

Colorado.

Digital Accessibility. If the services described herein include information technology or digital content that must be made “accessible,” the successful proposer must agree, if requested by the City, to undertake such reasonable efforts that may be needed of the successful proposer to adapt and convert work product to ensure it is accessible within the meaning of §§ 24-85-101, et seq., C.R.S., and its implementing regulations. For contracts for which the provision of information technology comprises a primary or material component of the service (such as software and web services) the City anticipates requiring that the successful proposer agree to ensure legal compliance, subject to limited exceptions.

Equal Opportunity. The City does not discriminate on the grounds of race, creed, ancestry, religion, religious expression, color, sexual orientation, gender identity, gender expression, genetic characteristics, marital status, age, sex, mental or physical disability, or national origin in consideration of an award. Disadvantaged business enterprises are afforded a full opportunity to submit proposals.

Socially-Responsible Procurement. The City is committed to socially responsible procurement and promoting social equity through our contracts. We work to ensure open and fair procurements, competitive and fair pricing, environmentally sustainable solutions, and encourage members of the underserved business community to participate in our competitive solicitations.

City’s Reserved Rights. For avoidance of doubt, the City reserves the following rights:

• Right to Supplement. At any time prior to award, the City reserves the right to supplement or modify its solicitation with additional or different information, questions, contract language, or any other materials the City deems prudent to include in the supplementation. Such supplementation or modification includes the right to modify the procurement schedule at any time. Supplementation or modification will likely occur through Bidnet but may occur by email contact to proposers if the deadline has passed.

• Right to Reject. The City reserves the right to reject any proposal that fails to meet the requirements described herein, the requirements or criteria in the City’s Purchasing Ordinance or in the City’s

Purchasing Policy Manual, as such ordinance or policy manual may be amended from time to time, or any other pertinent standard or criteria established by City. The City further reserves the right to require new proposals or reject any proposal if the City believes it would not be in the best interest of the project or services set forth in this RFP to make an award to a given proposer. This right to reject includes the right to reject any proposer who appears on one or more lists designating the proposer as a debarred or suspended entity or individual for other public procurements.

• Right to Waive Irregularities. The City may waive or decline to waive any informality or irregularity contained in any proposal.

• Right to Revoke or Cancel Award. At any time prior to the successful proposer and the City entering into a written and signed contract, the City reserves the right to revoke or cancel the award. If, for any reason, the City and a successful proposer are unable to come to terms of agreement, the City may, in its sole discretion, either award to the next highest scoring proposer or cancel this solicitation.

• Right to Negotiate Changes in Scope or Services. The City may negotiate changes to the services or https://library.municode.com/co/boulder/codes/municipal_code?nodeId=TIT2GOOR_CH8PUPR work offered by the successful proposer as part of the contracting or amendment to contracting processes.

In the event such negotiations result in a material increase or decrease to services or work and this proposal requires a fixed fee, lump sum, or not to exceed value, the City and the successful proposer will need to agree to adjusting total fees on a pro rata basis as part of the contracting process.

• Right to Make Partial Award. The City may award the contract by sections or in portions and reserves the right to adopt all or part of a proposal.

Verbal Communications. Any verbal communications proposers may receive about this solicitation are non-binding upon the City. Vendors should rely only upon written statements issued by the authorized City representatives listed in the Instructions to Proposers and Procurement Schedule section of this RFP or a member of the City’s Purchasing Division.

Unauthorized Contacts. A proposer’s unauthorized contacts with City staff about this solicitation may result in disqualification of the proposer.

Contract Terms. All awards are subject to the awarded proposer and the City successfully negotiating and entering into a written and signed contract. The City’s award to a successful proposer does not constitute consent by the City to either (1) any revised terms or conditions contained in exceptions, or (2) any terms or conditions contained in the proposal of the successful proposer.

In some instances, contract terms are resolved by appending this solicitation and the successful proposal to the contract template attached hereto. However, most contracts necessitate development of a scope of work that further refines and clarifies the services. Proposal language may merit modification to contract terms, even where a proposer has not made exceptions. While the City’s position is that, generally, failure to make exceptions results in a waiver of the ability to later claim those exceptions, the City reserves the right to modify the contract as the

City and the successful proposer deem appropriate.

In the event of any conflict between this RFP and the contract entered into by and between the City and the successful proposer, the terms and conditions of the contract shall control.

THIS RFP IS NOT A COMPETITIVE SOLICITATION BASED ON PRICE ONLY. The RFP allows the City to select the service provider that best meets the needs of the City, taking into consideration proposer qualifications, price, products, and service capabilities and other factors relevant to the City’s ordinances, policies, programs, administrative resources, and budget.

Waiver. All proposers agree that damage or claim shall not be brought by any proposer because of rejections, and the proposers shall not seek any recourse of any kind against the city because of such rejections. The filing of any proposal in response to this RFP shall constitute a binding agreement of the proposer to these conditions.

Dated this October 28, 2025

City of Boulder, Colorado

A Municipal Corporation

CONSENT TO PROTEST & APPEAL PROCESS AND REMEDIES

Protests, appeals and remedies under this solicitation are governed by Colorado Revised Statutes (C.R.S.)

§§ 24-109-101.1 through 108, C.R.S. (protests and other pre-litigation resolution of controversies) and §§

24-109-201 through 206, C.R.S., (appeals), § 24-109-301, C.R.S. (interest accruing on costs), and §§ 24-

109-501 through 505, C.R.S. (remedies), as adopted or amended. Such sections apply in their entirety, except for the City’s purposes, (1) all references to the “state” shall be to the “city”, (2) the City’s assigned purchasing agent renders the City’s initial written decision, and (3) the City’s Purchasing Manager renders the final agency determination upon any appeal therefrom, as well as any other functions and decisions of the “executive director” referenced in those sections.

As described in the statutes referenced, protests and appeals must be made in writing within ten (10) business days. Protests must be timely submitted as e-mail attachments to the purchasing agent for this solicitation at the following e-mail address:

Pam Andrus andrusp@bouldercolorado.gov

Any subsequent appeals from the purchasing agents’ initial determination must be timely submitted within ten (10) business days of the initial decision as e-mail attachments to the Purchasing Manager at the following e-mail address:

Ken Kasparek

Kasparekk@bouldercolorado.gov

In addition, this solicitation is subject to limitations of remedies set forth in §§ 24-109-501 through 505, C.R.S., including, specifically, § 24-109-505, C.R.S. Those remedies are limited to, in summary, the authority of the City to ratify, terminate, or cancel the solicitation, award, or contract, and, if ratification occurs, a successful aggrieved party’s limitation of remedies to its reasonable costs incurred in connection with the solicitation, including bid preparation costs, plus interest on those costs.

By responding to this solicitation, proposers agree to the protest and appeal processes, requirements, and time limitations, as well as the limited remedies, set forth in the statutes above and as described herein.

mailto:Kasparekk@bouldercolorado.gov

INSTRUCTIONS TO PROPOSERS AND PROCUREMENT SCHEDULE

1. Proposers responding to this RFP must submit their proposals as specified in this solicitation.

2. One electronic copy of the proposal must be submitted online through Bidnet

(www.bidnetdirect.com/colorado) and must be addressed to the City contact listed below. Proposers are strongly encouraged to familiarize themselves with the Bidnet website in advance of the proposal deadline.

3. Proposals must be dated and signed by a duly authorized partner or corporate officer, with that person’s name and title clearly identified. All proposal terms, conditions, contents, fees, and charges shall be guaranteed by the proposer for a minimum of ninety (90) days from the date of submission of the proposal to the City.

4. Proposers who have questions concerning the scope of work or services or other requirements set forth in this RFP shall contact the following City representative:

Emily Dillon

Risk Manager

City of Boulder

Risk

Phone: 303-441-4138

Email: dillone@bouldercolorado.gov

5. The above-referenced individual is the only representative of the City with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. Contact with any other employee of the City of Boulder regarding this project is not authorized. Any information obtained from other than an authorized City representative shall be considered invalid in the preparation of a proposal for this project.

6. Proposers who have questions or need clarifications about this solicitation must submit written questions by email to the above-listed City representative. Questions must be received by 5:00 PM (Mountain Time) on the deadline set forth in this solicitation. All questions and answers will be posted as an addendum on

Bidnet. Proposers should rely only on written statements issued via addendum on Bidnet.

7. Before submitting a proposal, each proposer shall:

• Examine the contract documents thoroughly.

• Become familiar with federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work.

• Study and carefully correlate the proposer’s observations with the contract documents.

• Notify the project manager of all conflicts, errors, omissions, ambiguities, or discrepancies in or among the contract documents.

http://www.bidnetdirect.com/colorado

8. All proposals timely submitted shall become the property of the City and shall be retained in accordance with the City’s records retention schedule. The City is a Colorado governmental entity and therefore, all information included in proposals and other written information submitted by the proposer to the City is subject to the provisions of the Colorado Open Records Act (“CORA”). Proposers should expect that the proposal may be viewed by the general public and competitors once submitted to the City, subject to the

City’s Access to Public Records Policy. Merely marking information as “confidential”, “proprietary”, or otherwise stating a written intent to protect the information from disclosure is not necessarily sufficient to prevent disclosure under CORA.

9. Procurement Schedule (all times Mountain Time):

RFP Issued ………………………………………………. October 28, 2025

Written Questions Due…………………………………… October 31, 2025, by 5:00 pm

Responses to Written Questions Posted………………….. November 5, 2025

Proposals Due ……………………………………………. November 10, 2025 at 4:00 pm

Finalist List of Brokers Determined…………………………estimated November 17, 2025

Interviews (if needed) ........................................................... estimated week of December 1, 2025

Broker selection ........................................................................... estimated December 8, 2025

The City will not respond to written questions submitted after the deadline unless it determines doing so is necessary or prudent for allowing all proposers to understand the services, needs of the City, scoring, or other aspect material to proposers’ responses.

Should the proposal submission deadline change, all prospective proposers will be notified through an addendum issued by the City and posted to www.bidnetdirect.com/colorado.

[Remainder of page left blank intentionally] https://documents.bouldercolorado.gov/WebLink/DocView.aspx?id=185061&dbid=0&repo=LF8PROD2&_ga=2.103231561.839680403.1721847125-955511549.1682975816&cr=1 http://www.bidnetdirect.com/colorado

SCOPE OF SERVICES

Background and Loss Data

I. Background Information:

➢ City of Boulder, CO (a home rule municipality)

➢ 2025 estimated population – 106,803

➢ For budget and revenue information, including additional information about the city’s staffing levels, payroll, unique exposures, and operating philosophy, see

➢ https://stories.opengov.com/cityofboulderco/36b2e65e-af4a-4cb8-9aea-

236d617062d6/published/KTAIb0l0W?currentPageId=68ac9486001b226fbea b28f5

The City purchases a broad portfolio of coverages with a total annual net premium in excess of $1,400,000 which are summarized as follows:

• Workers Compensation

• Public Entity Liability o Automobile Liability o Umbrella Liability o Directors/Officers and Errors/Omissions o Licensed Professional Liability o Sexual Abuse o Utility Operations o Other additional needed coverage to support operations

• Property

• Flood

• Excess Flood

• Standalone Terrorism

• Equipment Breakdown

• Fine Arts

• Airport operations

• UAS/UAV

• Licensed Professional Liability

• Fiduciary & Crime

• Kidnap and Ransom

• Cyber, Net Liability+

A. The City’s renewal date for majority of coverages is April 15th.

https://stories.opengov.com/cityofboulderco/36b2e65e-af4a-4cb8-9aea-236d617062d6/published/KTAIb0l0W?currentPageId=68ac9486001b226fbeab28f5 https://stories.opengov.com/cityofboulderco/36b2e65e-af4a-4cb8-9aea-236d617062d6/published/KTAIb0l0W?currentPageId=68ac9486001b226fbeab28f5 https://stories.opengov.com/cityofboulderco/36b2e65e-af4a-4cb8-9aea-236d617062d6/published/KTAIb0l0W?currentPageId=68ac9486001b226fbeab28f5

For more information on the City and its departments and various operations and exposures please visit our website at www.bouldercolorado.gov.

The City’s Annual Comprehensive Financial Report (ACFR) can be reviewed at:

https://bouldercolorado.gov/finance/financial-reports

The City maintains actuarily determined reserves to settle claims within our retention levels.

The City is not requesting insurance quotations and expressly prohibits prospective brokers from quoting or approaching insurance carriers at this time.

Scope of Work

The selected brokerage/agency will be required to assist in the placement of insurance excess insurance, reinsurance, and/or alternative coverages as needed beginning January

2026 for the April 2026 policy renewal period. The broker will be expected to perform most, if not all, of the following services as requested or required by the City:

A. Risk Analysis and Insurance Marketing

• Verify the accuracy and adequacy of all binders, policies, policy endorsements, invoices, and other insurance-related documents.

• Assist in the preparation of underwriting data, statements of values, specifications, and other data required by insurers.

• Assist the City in the assessment of loss exposures.

• Prepare an annual market analysis and forecast by insurance line. This summary will include information on trends, market availability, pricing, and long-term market directions at least 150 days prior to each renewal.

• Assist the City in the design of required coverage and monitor exposure changes and amend policies as appropriate.

• Assist the City in recommendations for specialty to coverage to include but not limited to special events

• Identify all viable markets and provide this proposed distribution list to the

City for approval.

• Prepare detailed submissions for presentation to markets in a timely manner.

A copy of such submission will be provided to the City prior to its release.

• Negotiate effectively with underwriters, securing the broadest coverage at the best available cost.

• Present renewal programs and options to the City within a reasonable time prior to expiration, but no later than 30 days prior.

• Provide a detailed summary of all marketing activity including carrier’s names, underwriter’s contacted, final disposition of carrier’s quote or action, and a clear explanation of any declination or reasons for no further http://www.bouldercolorado.gov/ consideration being shown a market.

• Be fully qualified and competent with proper license, knowledge, experience, and personnel.

• The City will require the percentage of each carrier’s investment in fossil fuels to be listed on proposals for our consideration.

B. Administration

• Issue binders and other coverage verification documents as required.

• Issue certificates of insurance within 1 business day of request.

• Respond promptly to questions from the City.

• Keep Risk Management advised of activities taking place nationally and locally on the City’s behalf.

• Prepare and present a formal annual report to the City on the past year's activities, future plans, and goals.

• Assist with cost allocation determinations, if asked.

• Prepare a recap of coverage’s bound for the City as early in the year as possible. Provide copies of policies within 60 days of inception.

• Maintain confidentiality of City records containing Personally Identifiable

Information (PII) and Protected Health Information (PHI)

• Occasionally assist the City with assessing insurance coverage implications associated with contracting for specific scopes of work to be performed by a

3rd party in the context of setting insurance requirements for contracts if requested.

C. Claims

The City uses a third-party administrator for its workers' compensation program and property/casualty claims. Claim reaching the excess layer or above the City’s deductible will require the brokerage/agency to do the following:

• For first-party claims, handle the transmittal of documents to the appropriate insurance carrier's claims service office and act as liaison for the duration of claim.

• Coordinate with the City Risk Manager, City Attorney, and TPA on claims investigation when requested and, if necessary, conduct post-loss visits to assist in proper claims preparation, salvage operations, temporary protection, and negotiation of claims with adjusters.

• Act as the City's advocate in claim disputes with insurance carriers.

• Attend meetings with the City Attorney and Risk Management offices, and/or insurance carrier if requested.

D. Loss Control

• Act as a liaison between the City and insurance company loss control personnel.

• Review, evaluate, and provide guidance on the City's in-house loss control activities.

• Assist the City in exposure analysis. Develop and assist in the presentations of loss control training and education programs and other related best practices

PROPOSAL CONTENT

Considering the goals and objectives outlined above, the City is asking each proposer to prepare their individual approach to accomplish the program goals.

The proposal must contain all of the following information, in the same sequence as presented below.

Each proposal should be straightforward and as concise as possible to satisfy the requirements of this RFP.

Please limit the length of proposal sections to the maximum pages noted.

Section A: What We’ll Want to Know About Your Firm: Please provide:

A-1. Name of Firm, address and telephone number of local office that would service account. Name of contact person and title in connection with this proposal.

A-2. A brief history of your firm including recent or planned acquisitions, mergers, sales, and/or restructuring.

A-3. Your philosophy on customer service.

A-4. A list of at least three (3) client references, preferably local government/municipalities, with which your local office has experience that the City may contact.

A-5. Did you lose any clients in the past two years? What was the reason? List the clients lost.

A-6. A copy of your latest annual report or other comparable document.

A-7. Any other information that may be useful for us to know about your firm.

Section B: What We’ll Want to Know About Your Services: Please address:

(In this section of your proposal, please include a discussion of the following services your firm provides and how you would apply them to the City)

B-1. Claims reporting and administration.

B-2. Claims management.

B-3. Insurance Renewals and Market Research

B-4. Risk management.

B-5. Daily administration.

B-6. Any additional services, including research services and programs, available through your firm or affiliates.

Section C: What We’ll Want to Know About Your Products: Please provide:

C-1. A listing and description of what coverage’s you would typically recommend for a municipality of the City’s size and nature (your listing may differ from the types of coverages identified in the background information presented above).

C-2. Your marketing philosophy and strategy, and any special relationships you have with insurance companies relative to the types of coverages listed in your response to C-1.

C-3. A statement about how your firm will assess the future needs and risks of the City and cost controls.

C-4. The approach your firm would take to assist the City in developing insurance specifications and submissions.

C-5. Provide a listing of the types of training programs you provide on relevant issues specific to cities and municipalities such as worker’s compensation, ergonomics evaluation and training, fire and life safety, sexual harassment, parametric insurance, etc.

C-6. The approach your firm would take to insure a timely renewal process.

Section D: What We’ll Want to Know About Your Management: Please provide:

(The Account Executive assigned must be an experienced executive who is knowledgeable about all lines of insurance and who has experience in handling municipal/local governments. The City will expect direct access to the Account Executive on all matters.)

D-1. Your management structure and organization.

D-2. Your corporate philosophy regarding selection and assignment of account executive and other personnel. Who would be the selected account executive team to work with the City for the next two years?

D-3. A brief summary of qualifications of the Account Executive and other personnel to be assigned to serve the City, along with a top-down organization chart showing their place in your hierarchy.

D-4. How your organization would approach the situation if the City should experience consistently unresolved performance issues from assigned account executive team; include names of contacts.

D-5. Any known or perceived actual or potential conflicts of interests with the City, its employees, executives, staff, trustees, and contracted vendors of other services (i.e., operations – IT services).

Section E: What We’ll Want to Know About Your Compensation: Please provide: E-1. Proposed compensation on a fee for service basis.

E-2. A list of services that are included in your “base compensation” method.

E-3. A list of services for which an additional cost would be charged, showing the method(s) used to charge for such service.

E-4. Discuss if you will receive any types of profit share bonuses and/or override commissions and how you will ensure full transparency relative to compensation.

E-5. Any partnerships or incentives with insurance underwriters or other third parties.

E-6. Please separately detail any incremental costs associated with any Loss Control Services.

1. City of Boulder Acceptance of Terms and Conditions – Complete and submit attached form.

Any requested deviations from the Terms and Conditions in the attached annual services agreement will delay the contracting process and potentially disqualify vendors.

2. City of Boulder Non-Collusion Certificate – Complete and submit attached form.

3. Certificate of Good Standing from the Colorado Secretary of State.

Provide a Certificate of Good Standing with the Colorado Secretary of State. If your company is not registered with the Colorado Secretary of State, include a statement addressing why you are not required to register or promising that, prior to entering into a contract with the City, you will register if the City awards you the contract.

City of Boulder, CO

RFP No. 63-2025

EVALUATION CRITERIA

The City does not discriminate on the grounds of race, religion, color, age, sex, disability, or national origin in consideration of an award. Disadvantaged business enterprises are afforded a full opportunity to submit proposals.

Proposals the City determines fail to respond to a material component of this Solicitation may be rejected.

The award will be granted to the best proposer utilizing the following factors:

1. Technical and Financial Resources. Whether the proposer possesses adequate technical and financial resources to perform the project or services or the ability to obtain the resources required for performance.

2. Experience & Technical Skill. Whether the proposer possesses necessary experience, organization and technical skill in the relevant fields or the ability to obtain them, including, without limitation, arrangements with subcontractors.

Further Explanation. This criterion includes evaluation of technical skill and ability of the proper, and includes consideration of past projects/work, project/work history, demonstration of the understanding of the project/work and ability to complete the same, and references.

3. Approach & Timing. Whether the proposer proposes a reasonable approach to achieve the project or service objectives.

Further Explanation. This criterion includes examination of project schedule, as well as capability to complete the work in timely fashion and according to the City’s needs.

4. Record & References. Whether the proposer has a satisfactory record of performance in developing and implementing similar projects or providing similar services in other jurisdictions.

Further Explanation. This criterion includes evaluation of any reference checks conducted by the City, as well as consideration of any references required by this solicitation.

5. Reasonable Costs. Whether the proposer will perform the project or services at a reasonable cost compared with the level of effort to be expended.

Further Explanation. This criterion includes consideration of the costs associated with the proposer’s services and proposed solutions, along with any terms, conditions, discounts, or opportunities for costs savings required or offered by the proposer that may alter such costs.

Interview – Optional. The City may elect to conduct interviews of one or more proposers. The

City may do so to better understand the interviewed proposers, their teams, their approaches, products, and solutions, and any other information relevant to the work or project described in this solicitation. In some instances, the City may request that the interviews include a presentation by the interviewed proposers. In these instances, proposers may prepare PowerPoint or other written materials that may assist the City in understanding and evaluating their bid. Proposers cannot plan on having an interview and, accordingly, are strongly encouraged to include all information necessary for the City’s evaluation in the proposal documents. In the event the City proceeds with interviews, the City will either (1) attribute a separate additional scoring equivalent to 25% of the written scoring, or (2) rescore the interviewed proposers under the original scoring criteria based upon information provided during the interviews. The City reserves the right to include information provided by proposers in the contract documents following award:

The following is a list of the criteria that may be used in the award of this service: [Update table for specific project needs. Do not alter language below table.]

Category Available Points

1. Technical and Financial Resources 20

2. Experience & Technical Skill 20

3. Approach & Timing 20

4. Record & References 20

5. Reasonable Costs 20

Total Possible Score 100

When evaluating proposals, the City may consider any applicable criteria not listed above but that are included in the City’s Purchasing Ordinance or the City’s Purchasing Policy Manual. The City may conduct such investigations as the City deems necessary to assist in the evaluation of any proposal and to establish the responsibility, qualifications, and financial ability of any proposer or their proposed subcontractors and other persons and organizations to do the work in accordance with the contract to City's satisfaction.

The proposer selected as the successful proposer will be expected to enter into a contract with the

City in a form approved by the City Attorney’s Office.

NO AWARD IS FINAL UNLESS AND UNTIL THERE IS A FULLY EXECUTED CONTRACT

BETWEEN THE CITY AND THE SUCCESSFUL PROPOSER. If, for any reason, the negotiations with the apparent successful proposer who satisfies all applicable requirements are unsuccessful, the City may terminate those negotiations and begin negotiations with a different proposer in order to contract with the proposer that best meets the needs of the City.

https://library.municode.com/co/boulder/codes/municipal_code?nodeId=TIT2GOOR_CH8PUPR

ACCEPTANCE OF TERMS AND CONDITIONS

Note: Complete and return this page with your proposal.

RFP Title: Insurance Brokerage Services

RFP Number: 63-2025

The undersigned, as an authorized agent of the proposer, certifies that the proposer:

1. Has received addendums;

2. Is familiar with all instructions, terms and conditions, and specifications stated in this RFP;

3. Is qualified to perform the work and services outlined in this RFP; and

4. Has reviewed the form of agreement attached to this RFP.

Each proposer must indicate exceptions, if any, that its firm takes to any terms and conditions listed in the form of agreement attached to this RFP, as well as the RFP itself. Proposals which take exception to the specifications, terms, or conditions of this RFP or offer substitutions shall explicitly state the exception(s), reasons(s) therefore, and language substitute(s) (if any) in this section of the proposal response. Failure to take exception(s) shall mean that the proposer accepts the conditions, terms, and specifications of the RFP, including the attached form of agreement.

Check the appropriate box below and complete this section as applicable:

☐ My firm takes no exception to the specifications, terms, and conditions of this RFP.

☐ My firm takes exception to the following terms and conditions in this RFP:

Signature

Printed Name

Title

Company Name

Phone No. (Individual)

E-mail (Individual)

NON-COLLUSION CERTIFICATE

Note: Complete and return this page with your proposal.

RFP Title: Insurance Brokerage Services

RFP Number: 63-2025

The undersigned, being duly sworn, deposes and says that the person, firm, association, partnership-or corporation herein named, has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in the preparation and submission of a proposal to the City of Boulder for consideration in the award of a contract for the project or work described in this RFP.

Signature

Printed Name

Title

Company Name

Phone No. (Individual)

E-mail (Individual)

FORM OF AGREEMENT

CITY OF BOULDER

CONSULTING SERVICES AGREEMENT

THIS CONSULTING SERVICES AGREEMENT (“Agreement”) is made this ___ day of

__________ 20___ by and between the City of Boulder, a Colorado home rule municipality

(“City”), and [legal name of company], a [state] [form of corporation] (“Consultant”). The City and Consultant may hereinafter be referred to individually as a “Party” or collectively as the

“Parties.”

RECITALS

A. The City is desirous of contracting with a company for______________ services.

B. Consultant provides these services to the public, submitted the lowest responsible bid for these services, and desires to provide these services to the City.

AGREEMENT

NOW, THEREFORE, in consideration of the terms, conditions and covenants included in this

Agreement, the Parties agree as follows:

1. Term. Consultant shall provide the below described services to the City from

_________, 20__ to ___________, 20__, inclusive (“Term”).

2. Services. Consultant shall undertake the duties and responsibilities and provide the services described in Exhibit A, Scope of Services, attached hereto and made a part hereof (“Services”). Exhibit A also includes the schedule for the Services. The Parties shall each designate a project manager for the Services and, as a general matter, the

Parties shall communicate about the Services only through these designated project managers. Consultant shall provide all materials, labor and equipment necessary to perform the Services.

3. Payment.

a. Rates and Invoices. The City agrees to pay Consultant for the Services at the rates included in Exhibit B, Schedule of Charges, attached hereto and made a part hereof. Consultant shall bill the City monthly and provide an invoice within thirty (30) days of the close of each billing period. The invoice shall include: (i) a description of the

Services rendered in sufficient detail to permit the City to understand the nature of the

Service; (ii) the aggregate number of hours performed on the matter during the billing period; (iii) an itemization of direct expenses for each task; and (iv) the aggregate fee for the matter in the billing period. The City shall pay the monthly invoice within thirty (30) days following the City’s receipt of Consultant’s invoice; however, payment shall be subject to verification as to the cost of materials used and the time spent in performance of the Services. The City shall not be liable for payment for the Services or materials that do not conform to the requirements of this Agreement.

b. Direct Expenses. Direct expenses incurred by Consultant in connection with the Services shall be charged to the City on the basis of the direct expenses actually incurred by

Consultant, without any additional surcharge added by Consultant. The City shall not pay for the expense of Consultant’s vehicles, except for mileage reimbursement, which will be paid at the current standard mileage reimbursement rate established by the IRS.

c. Costs. Consultant may be reimbursed for actual costs incurred for necessary Services-related travel expenses with the following limitations: potentially reimbursable air travel will be only by commercial carrier at the lowest available fare appropriate to the needs of the mission and be related to and in furtherance of the purposes of Consultant’s engagement. Vehicle rental costs shall be reimbursed only when efficiency and economy are served by incurring such rental expenses. Use of rented vehicles for personal travel shall not be reimbursed. Sleeping accommodation costs, if reimbursed, are limited to a reasonable amount, taking into account costs of alternate facilities in the location and other relevant factors. The City may pay Consultant a flat per diem amount per day for meals and incidental expenses while traveling on City business. These per diems are based on U.S. General Services Administration per diems by location, which are updated annually. Other travel-related costs (such as airfare, hotel, taxis, and parking) will be reimbursed with receipts.

4. Qualifications on Obligations to Pay. No partial payment shall be final acceptance or approval of that part of the Services paid for or shall relieve Consultant of any of its obligations under this Agreement. Notwithstanding any other terms of this Agreement, the City may withhold any payment (whether a progress payment or final payment) to

Consultant if any one or more of the following conditions exists:

a. Default. Consultant is in default of any of its obligations under this Agreement;

b. Non-Performance. Any part of such payment is attributable to the Services which are not performed according to this Agreement. (The City will pay for any part thereof attributable to the Services performed according to this Agreement);

c. Failure to Pay. Consultant has failed to make payments promptly to any third parties used in the Services for which the City has made payment to Consultant; or

d. Remaining Compensation. The City, in its good faith judgment, determines that the portion of the compensation then remaining unpaid will not be sufficient to complete the

Services or any task according to this Agreement. In such case, no additional payments will be due to Consultant until Consultant, at its sole cost, performs a sufficient portion of the Services so that the City determines that the compensation then remaining unpaid is sufficient to complete the Services.

5. Defective Services.

a. Notice. The City reserves the right to decide all questions arising as to the proper performance of the Services and as to the quality of the materials used. In the event that the City shall determine that the Services are not being performed in accordance with the terms of this Agreement, or, if the Services be wholly, or in part, negligently, or improperly performed, then the City shall provide written notice of such defect or defects to Consultant.

b. Default Not Remedied. In the event that such defect or defects are not remedied within a reasonable time from the date notice is given, the City may, at its option, declare Consultant to be in default, either as to the particular Services declared to be defective or as to this entire

Agreement. In the event that a default is declared as to particular Services, it is agreed and understood that such declaration of default shall not in any way relieve Consultant from any liability for nonperformance of the remaining Services, but the same shall be and remain valid and binding obligations against Consultant. As to the Services not declared to be in default, Consultant agrees to complete the same under the terms of this Agreement. If the City declares

Consultant to be in default only as to the particular Services, then the costs incurred by the City in consequence of such default may be applied in payment of any money due and owing to

Consultant and the City may re-let such portion of the Services. If there shall not be a sufficient sum due from the City, then in such case, the costs incurred by the City in consequence of the default shall be a just claim against Consultant and shall be recoverable in any court of competent jurisdiction.

6. Consultant’s Duties.

a. Abilities, Qualifications, Experience, and Best Efforts. Consultant shall perform the

Services in a timely and professional manner consistent with the requirements set forth in the Scope of Work and in accordance with industry best practices. Consultant agrees to utilize its expertise and creative talents in completing the Services.

b. No Conflicts. Consultant represents, covenants, and agrees that it has and will undertake no obligations, commitments, or impediments of any kind that will limit or prevent it from the timely completion of the Services, loyally and strictly according to the best interests of the City. In case of any conflict between interests of the City and any other entity, Consultant shall fully and immediately disclose the issue to the City and shall take no action contrary to the City’s interests.

c. Subcontractors. Consultant shall be permitted to subcontract the performance of certain

Services to a third party (“Subcontractor”) provided that Consultant gives prior notice to the City of the proposed Subcontractor, outlining the nature and scope of the Services to be subcontracted (”Subcontracted Services”), and the City, in its sole discretion, consents in writing to such Subcontracted Services to such Subcontractor. Consultant shall remain responsible to the City in accordance with this Agreement for the

Subcontracted Services. Under no circumstances (including, without limitation, Consultant’s failure to make timely and full payments to a Subcontractor) shall the City be liable to any Subcontractor for payment of any amounts. Consultant shall indemnify, defend and hold harmless the City from and against any loss, expense, obligation or liability incurred by the City arising out of claims made by any Subcontractor related to its performance of the Subcontracted Services or any matters related thereto. Consultant shall not permit any Subcontractor to perform any of the Subcontracted Services for the

City or its affiliates unless and until Consultant has entered into a subcontract with such

Subcontractor containing provisions at least as favorable to the City as those in this

Agreement. Consultant shall use commercially reasonable efforts to obtain from

Subcontractor and provide to the City any information concerning the Subcontractor reasonably requested by the City, including information regarding the Subcontractor’s financial condition and ability to perform the Subcontracted Services.

d. Limitation on Public Statements and Lobbying Activity.

i. Consultant is retained to provide information and advice to the City that includes confidential data, work product, and other privileged or confidential information that is protected under pertinent laws and City policies. To maintain the fact and appearance of absolute objectivity, loyalty, and professionalism, Consultant shall not, without the prior written consent of the City, do any of the following:

a. Disclose at any time information obtained as a result of this contractual relationship to any third party;

b. Lobby any City agency on any pending matter while it is under contract to the City;

c. Make any public statements or appear at any time to give testimony at any public meeting on the subject matters with regard to which Consultant is or was retained by the City.

ii. To the extent that the City provides written consent for the disclosure of information or authorizes the making of public statements, the City may impose such conditions upon such disclosure or communications as it thinks appropriate, and Consultant agrees to comply with those conditions.

iii. This provision shall not preclude Consultant from providing information to law enforcement officials in connection with any criminal justice investigation.

e. Duty to Warn. Consultant agrees to call to the City’s attention errors in any drawings, plans, sketches, instructions, information, requirements, procedures, and other data supplied to Consultant by the City or any other party that it becomes aware of and believes may be unsuitable, improper, or inaccurate in a material way. However, Consultant shall not independently verify the validity, completeness, or accuracy of such information unless otherwise expressly engaged to do so by the City. Nothing shall detract from this obligation unless Consultant advises the City in writing that such data may be unsuitable, improper, or inaccurate and the City nevertheless confirms in writing that it wishes Consultant to proceed according to the data as originally given.

f. Attendance at Meetings. Consultant shall attend such meetings on the work required by this Agreement as the City requires. The City will give reasonable notice of any such requirement to enable Consultant to schedule and attend such meetings.

g. Efficiency. Consultant agrees to furnish efficient business administration and superintendence and perform the Services in the best, most expeditious, and most economical manner consistent with the interests of the City.

h. Books and Records. Consultant shall keep its books and records for the Services and reimbursable expenses according to recognized accounting principles and practices, consistently applied. Upon reasonable, advance request, Consultant shall make such books and records available for the City’s inspection and copying at all reasonable times. Consultant shall retain such books and records for at least three (3) years after completion of the Services.

i. Permits and Licenses. Consultant shall procure all permits and licenses, pay all charges, fees, and taxes and give all notices necessary and incidental to the due and lawful prosecution of its Services under this Agreement.

j. Payment of Bills. Consultant shall promptly pay all bills for labor and material performed and furnished by others in performance of the Services.

7. Confidential Information. Consultant may receive or have access to data or information from the City and information that the City may have access to from Boulder County and other third parties. Such data or information, because of applicable law or other obligations with third parties, may be: (a) required to be kept confidential; (b) not required to be disclosed; or (c) not a public record under the Colorado Open Records Act

(“Confidential Information”). Consultant shall hold and not disclose any Confidential

Information to any person not having a legitimate, need-to-know purpose authorized by the City. Consultant shall protect all Confidential Information with the same degree of care as it uses to avoid unauthorized use,…