RFP for Insurance Agent 03.25.2024.pdf

REQUEST FOR PROPOSALS

for

INSURANCE AGENT (BROKER) OF RECORD

Point-of-Contact:

Proposals Due:

Project Summary:

Project Amounts:

Justin Sweet, Contracts and Risk Administrator, Contracts@bendparksandrec.org, (541) 706-6102

April 24, 2024 at 2:00 p.m.

The District is seeking an insurance agent of record for property, casualty, workers’ compensation, and related lines of commercial insurance, and risk management consulting services. Prospective Proposers must offer policies through Special Districts Insurance Services and

SAIF Corporation.

Property and casualty premiums and agent services for

2024 (various coverage periods during 2024) were approximately $392,000. Estimated premiums paid for workers’ compensation for fiscal year ending June 30, 2024 were approximately $138,000.

mailto:Contracts@bendparksandrec.org

INSURANCE AGENT OF RECORD

Template 04.28.2023

Article 1

INTRODUCTION

1.1 Introduction

The Bend Park and Recreation District (the “District”), through this Request for Proposals

(“RFP”), is seeking Proposals from qualified organizations interested in providing services as the

District’s insurance agent of record for property, casualty, workers’ compensation, and related lines of insurance and risk management consulting services. This RFP is not offering employee benefits lines of insurance.

The District anticipates entering into a contract and beginning services with the selected insurance agent by July 1, 2024 (the “Contractor”).

Proposals must be based on the “Scope of Services” described in Article 2 below and in compliance with all prescribed public procurement requirements and this RFP. Proposers submitting a Proposal in response to this RFP do so at their sole expense; the District is not responsible for any Proposer expenses associated with this RFP or the preparation of any

Proposal.

1.2 Description and Background

(a) Description. The District is seeking an organization to serve as its insurance agent of record to market, procure, and service property, casualty, workers’ compensation, and related lines of insurance, which includes, without limitation, policies through Special Districts Insurance Services (“SDIS”) and SAIF Corporation (“SAIF”).

(b) District Information. An Oregon special tax district (local government agency) separate from the City of Bend, the District is governed by a five-member, elected Board of Directors, and managed by an Executive Director. The District averages approximately 575 employees, operates three recreation facilities, 84 parks, 97 miles of trails, and over 3,000 acres of developed and undeveloped public land.

(c) Prior Agent. The District’s agreement with its current insurance agent of record (WHA Insurance Agency) has expired on good terms. WHA Insurance Agency is welcome to submit a Proposal in response to this RFP.

https://www.bendparksandrec.org/about/board-of-directors/

(d) District Structure. Related to the Scope of Services, the District’s leadership, risk management, and safety structure is as follows:

(e) Current Coverages. The District’s current coverages include the following (please note that not all additional coverages and endorsements are shown below, and coverage periods vary):

Line Carrier Coverage Limit1 Premium2

General Liability SDIS $10,000,000 $125,343

Auto Liability SDIS $500,000 $32,247

Excess Auto Liability SDIS $9,500,000 included

Non-Owned Auto Liability SDIS $500,000 $151

Excess Non-Owned Liability SDIS $9,500,000 included

Auto Physical Damage SDIS per schedule $12,776

Hired Auto Physical Damage SDIS $100,000 $283

Property SDIS $138,213,319 $158,920

Equipment Breakdown Travelers $100,000,000 $31,151

Crime Travelers $500,000 $3,742

Workers’ Compensation SAIF $1,000,000 $138,357

Executive Director

Human Resources Manager

Safety Coordinator (worker safety)

Administrative Services Director

Contracts and Risk Administrator (risk manager)

Insurance Agent

Line Carrier Coverage Limit1 Premium2

Cyber Liability At-Bay $2,000,000 $18,228

Pollution Liability (UST) Mid-Continent $1,000,000 $957 1Stated coverage limits do not include aggregate limits or applicable sublimits.

2Premiums stated net of discounts and include taxes and fees.

Article 2

SCOPE OF SERVICES

2.1 General Services

The Contractor shall provide the usual and customary products and services necessary for successful administration of property, casualty, workers’ compensation, and other lines of commercial insurance as well as high-quality risk management consulting which work together as a comprehensive system to effectively control the District’s losses and reduce insurance premiums.

2.2 Insurance Administration

The Contractor shall:

(1) competitively pursue options available to the District in the marketplace for each line of insurance and present viable options to the District, advising the District on the unique attributes of the options, and make recommendations on which option is most advantageous to the District, considering, without limitation, insurance carrier service record, stability, and solvency;

(2) work collaboratively with the District to ensure its insurance policies and applicable schedules are accurate, complete, and up-to-date, effectively communicated to the applicable insurance carrier(s), and accurately recorded in the applicable policies;

(3) bind and service all of the District’s property, casualty, workers’ compensation, and related lines of insurance; and

(4) assist the District with handling and resolving insurance claims; and serve as the District’s partner in advocating for claims resolutions which are advantageous to the District.

2.3 Risk Management Consulting

The Contractor shall:

(1) not less than annually work collaboratively with the District to review the District’s risks and assess whether the District’s insurance policies and coverage limits are adequate to address the District’s risks, and make necessary recommendations to the District;

(2) perform cost-benefit analysis on the District’s coverages, coverage limits, deductibles/retention, and exposures in consideration of the District’s risk appetite;

(3) as requested provide a diverse array of risk management consulting services, which includes, without limitation, contract reviews, third-party coverage review (e.g.

contractors and facility renters), hazard assessments, property inspections, and other loss control assistance (Proposers should describe its service offerings); and

(4) advise the District on risk management best practices and industry trends, and make recommendations for improvements to the District’s facilities and operations.

2.4 Reporting

The Contractor shall provide the following reports to the District:

(1) a monthly loss run report for all lines of insurance;

(2) an annual report on insurance market trends and estimated premium changes for preparation of the District’s budget by mid-March each year; and

(3) an up-to-date schedule of all lines of insurance indicating at least the following, type of insurance, insurance carrier, coverage dollar limits, deductible/retention, and where to submit a claim (e.g. phone number, email address, and/or website).

2.5 Additional Services

(a) The District is interested in the following additional services, Proposers must indicate its fees for these services, if any:

(1) claims analysis across all lines of insurance, specifically attempting to identify trends/patterns, and making recommendations on mitigations;

(2) one-time assistance with performing a review of scheduled assets (e.g. property schedule); and

(3) one-time assistance with creating a methodology for scheduling assets.

(b) Proposers should state any other additional services Proposer offers which are relevant to the scope of this RFP, and must state its fees for such additional services.

2.6 Highest Standards

In addition to the minimum required specifications set forth in this Article 2 and any applicable attachment(s), the Contractor shall meet the highest standards prevalent in the industry or business most closely involved in providing the goods and/or services at all times for the duration of the contract.

Article 3

INSTRUCTIONS TO PROPOSERS

3.1 Solicitation Schedule

The following “Solicitation Schedule” provides the timelines, due dates, and milestones of this

RFP. The District reserves the right to deviate from the Solicitation Schedule, any deviations will be made via written Addendum.

EVENT DATE/TIME

RFP Issuance March 25, 2024

Solicitation Protest/Clarification Deadline April 15, 2024

Solicitation Protest/Clarification Response (estimated) April 19, 2024

“Closing” April 24, 2024 at 2:00 p.m.

Notice of Intent to Award (estimated) May 17, 2024

Board of Directors Approval (estimated) June 4, 2024

3.2 Pre-Proposal Meeting

No Pre-Proposal meeting will be held for this RFP.

3.3 Addenda

The requirements of this RFP may only be changed by issuance of written Addenda by the

District. Proposals will be considered non-responsive if the Proposal does not reflect all substantive Addenda.

3.4 Proposal Format

(a) There is no page limit for this RFP, however, Proposers are strongly encouraged to exercise brevity in compiling their Proposal. Elaborate art work, cover pages, head shots, expensive paper or binders, brochures, or other promotional presentations beyond that sufficient to present a complete and effective Proposal are not desired.

(b) The District prefers Proposals to be submitted in PDF file format, consolidated into as few separate files as possible, on a single USB flash drive (see section 3.6 for submission requirements). Hardcopy (paper) Proposals will be accepted.

(c) The District prefers use of submittal materials that contain post-consumer recycled content and are readily recyclable, where applicable.

3.5 Proposal Content

(a) Proposals must include the following:

(1) a complete Proposer Information and Certification which is attached to this RFP as Exhibit B; and

(2) a complete “Fee Proposal” which details all costs to be borne by the District for completion of the Scope of Services in a form and format which is easily separable from Proposer’s Proposal (Evaluation Committee members will only be provided pricing information after completion of their subjective evaluation). Proposers may select the method of compensation: direct-billed fee; commission-based; or a combination of direct-billed fees plus commission. Proposers must indicate clearly which fees are direct-billed versus paid through commission. Additionally, Proposers must provide any fees charged for additional services provided under section 2.5.

(b) Proposals should include, and will be evaluated based upon the contents of, the following:

(1) Project Description and Approach. Describe proposed approach and methodology to complete the Scope of Services. Proposer should highlight a few of its noteworthy methods employed to control insurance premiums. Additionally, Proposer should describe what makes its organization and offerings unique in the marketplace and what results the District could expect from those offerings.

(2) Experience and Qualifications. Proposer should provide any relevant background information on its organization, such as ownership structure, years in business, relevant office location(s) and its proximity to the District, experience selling the requested lines of insurance, providing services to local government entities, specifically special districts, and organizational capabilities and resources. Proposer should not assume the Evaluation Committee is familiar with its organization.

(3) Project Team. Identify key staff that would be assigned to service the District and describe key staff members specific roles, qualifications, relevant experience, and availability to complete the Scope of Services for the District. Key staff experience with local government entities, special districts specifically, and entities located within Deschutes County are preferred. Describe Proposer’s approach to key staff member retention and, in the event of turn over, how Proposer (A) mitigates impacts to quality of services, and (B) District staff workload in transition of ongoing services and projects to new key staff members.

3.6 Submissions of Proposals

Proposals must be received by the Point-of-Contact (as specified on the cover page), or designee, no later than Closing at the District Office located at 799 SW Columbia Street, Bend, OR 97702. Late, faxed, or electronically transmitted Proposals will not be accepted.

3.7 Modification or Withdrawal of Proposals

Proposers may, prior to Closing, modify or withdraw a submitted Proposal as follows:

(1) to modify its Proposal, Proposer must prepare and submit any modification to the Point-of-Contact and include a statement from an authorized representative of Proposer that the modification amends and supersedes the prior Proposal; or

(2) to withdraw its Proposal, Proposer must submit a written request on Proposer’s letterhead, signed by an authorized representative of Proposer, to the Point-of-Contact.

3.8 Confidential Information

Any Proposal submitted may be subject to public information requests as permitted by Oregon

Public Records Law. The District will attempt to maintain the confidentiality of materials marked

“Confidential” to the extent required under Oregon Public Records Law. If it is necessary to submit trade secrets and/or other confidential information in order to comply with the terms and conditions of this RFP, each Proposer must label any information that it desires to protect from disclosure to third parties as a trade secret under Oregon Revised Statutes (“ORS”)

192.345(2) and/or confidential under ORS 192.355(4) with the following: "This material constitutes a trade secret under ORS 192.345(2) [and/or confidential information under ORS

192.355(4)] and is not to be disclosed except as required by law." Each page containing the trade secret and/or other confidential information must be so marked. The District will take reasonable measures to hold in confidence all such labeled information, but in no event will the

District be liable for release of any information when required by law or court order to do so, whether pursuant to the Oregon Public Records Law or otherwise, and will also be immune from liability for disclosure or release of information as provided under ORS 646.473(3). In submitting a Proposal, each prospective Proposer agrees that the District may (1) reveal any trade secret and/or other confidential materials contained in the submittal to District staff and to any District consultant, and (2) store the Proposal on the District’s intranet or internal network for purposes related to its review. By responding to this RFP, each Proposer agrees to defend, indemnify, and hold harmless the District and each District officer, employee, representative, and agent from all costs, damages, and expenses incurred in connection with refusing to disclose any material that the prospective Proposer has designated as a trade secret and/or as confidential information.

Any Proposer that designates its entire Proposal as a trade secret and/or as confidential information may be disqualified.

3.9 Opening of Proposals

Proposals will be opened in such a way as to avoid disclosure of the contents until after the

District issues its notice of intent award, or cancels this RFP.

Article 4

EVALUATION

4.1 Evaluation Criteria

The District’s Evaluation Committee (as defined in section 5.3) will use the following “Evaluation

Criteria” to evaluate all Proposals in two phases (as defined in section 4.5):

(a) Project Description and Approach (Phase 1).

(1) How comprehensive is the Proposal’s methodology and does it depict a logical approach to fulfilling the preferences and requirements of this RFP?

(2) How effective, applicable to the District, and appropriate were the methods described by the Proposer to control insurance premiums?

(3) How effective, applicable to the District, and unique are the Proposer’s service offerings? Does the Proposer provide robust, comprehensive, and diverse services to control the District’s insurance premiums and claims losses?

(b) Experience and Qualifications (Phase 1).

(1) How well has the Proposer demonstrated experience in providing the services to similar organizations to a high level of quality and professionalism?

(2) Do examples of previous experience provided demonstrate Proposer could successfully perform the services?

(3) How successful is the general history of the Proposer regarding timely and successful completion of the services?

(c) Project Team (Phase 1).

(1) How well do the key staff members assigned to the project meet the expected qualifications?

(2) How relevant and extensive are the key staff members experience in completing similar services?

(3) How well is the proposed team of key staff organized and is the team of sufficient size and makeup to efficiently and effectively perform the services?

(d) Fee Proposal (Phase 2). Fee Proposals submitted in accordance with the requirements of section 3.5(a)(2) will be evaluated as described in section 4.5(c).

4.2 Evaluation Scoring

The Evaluation Committee will use the Evaluation Criteria to assign points according to the following weighting (“Evaluation Scoring”):

EVALUATION CRITERIA MAXIMUM POINT VALUE

Project Description and Approach 50

Experience and Qualifications 30

Project Team 5

Fee Proposal 15

Total 100

4.3 Evaluation Committee

The District will form an “Evaluation Committee” of not less than three members, consisting of

District staff, land owner representatives, government partners, or community partners, who will evaluate each Proposal.

4.4 Disqualification

Any attempt by a Proposer to improperly influence an Evaluation Committee member will result in Proposal rejection.

4.5 Evaluation Process

The District’s evaluation will take part in two phases. “Phase 1” will consist of evaluation of each

Proposal received in accordance with section 4.5(a) (Minimum Requirements) and section 4.5(b)

(Technical Proposal). “Phase 2” will consist of evaluation of each selected Proposer in accordance with section 4.5(c) (Fee Proposal).

(a) Minimum Requirements (Phase 1). The Evaluation Committee will evaluate each Proposal received prior to Closing on a pass/fail basis to determine if it meets the minimum requirements of this RFP. Any Proposal found to fail any minimum requirement of this RFP will be deemed non-responsive, will not be evaluated, and may be returned to the Proposer upon request.

(1) Additionally, the District may further investigate the qualifications of a Proposer, including but not limited to: (A) successful performance of similar services, (B) compliance with specifications and contractual obligations, (C) its completion or delivery of services on schedule, and (D) its lawful payment of suppliers, sub-consultants, and employees.

(b) Technical Proposal (Phase 1). The Evaluation Committee will evaluate and assign scores to each

Proposal that has met the minimum requirements of this RFP (in accordance with section 4.5(a)) based upon the quantity and quality of the information contained within the Proposal utilizing the Evaluation Criteria and Evaluation Scoring.

(1) Points assigned by each Evaluation Committee member will be added together and divided by the quantity of Evaluation Committee members to compute an average score for each Evaluation Criteria.

(c) Fee Proposal (Phase 2). Upon completing the technical Proposal evaluation (in accordance with section 4.5(b)) the Evaluation Committee will evaluate the Fee Proposals as follows: the lowest overall Fee Proposal will receive the full points available; all other Fee Proposals will be weighed against the lowest Fee Proposal.

4.6 Proposal Clarification

(a) If any portion of a Proposal is unclear, the Evaluation Committee may request additional information from the Proposer. Proposers cannot submit any new information or documentation in response to a clarification request. Proposal clarifications cannot be used to rehabilitate a non-responsive Proposal.

(b) Proposers must provide responses to Evaluation Committee clarification requests within 24-hours (Monday – Friday, excluding federal holidays). Failure to provide clarification may result in lower evaluation scores.

4.7 References

The District reserves the right to: (1) request references in addition to any provided by Proposer,

(2) investigate any references whether or not furnished by the Proposer, and (3) investigate the past performance of any Proposer.

4.8 Proposal Ranking

The Evaluation Committee will add together the points awarded to each Proposal earned during

Phases 1 and 2 to compute a total score and rank each Proposal in descending order.

4.9 Award Notification and Process

(a) Once the Evaluation Committee agrees that the highest scoring Proposer meets the needs and interests of the District, the District will issue a written notice of intent award.

(b) The District intends to negotiate a specific statement of services, the Contractor’s performance obligations and schedule, and any other conditions or provisions the District believes are in its best interest with the highest scoring Proposer prior to execution of an agreement.

(c) The District may, either orally or in writing, formally terminate negotiations with the highest scoring Proposer if the parties are unable to reach an agreement within a reasonable amount of time. The District may thereafter negotiate with the second highest ranked Proposer, and so on, until negotiations result in an agreement, or the District cancels the RFP.

Article 5

GENERAL TERMS AND CONDITIONS

5.1 Definitions

Capitalized terms used, but not defined, in this RFP have the meanings given to such terms in

ORS 279A.010, 279B.005, OAR 137-046-0110, 137-047-0100, and the Insurance Code.

All references to a time of day are references to the time in Bend, Oregon.

5.2 Procurement Authority and Method

The District is issuing this RFP pursuant to its authority under District Resolution No. 2024-01.

The District is utilizing the formal procurement procedure pursuant to ORS 279B.060 and OAR

137-047-0260.

5.3 Sample Agreement

(a) The awarded Proposer will receive a personal services contract (a sample is attached, see section 7.1). The terms, conditions, requirements, and understandings of the sample agreement are in addition to those set forth in this RFP.

(b) Proposers are advised to thoroughly review and familiarize themselves with the sample agreement. The awarded Proposer is expected to promptly sign and return the final agreement.

5.4 Reservation of District Rights

The District reserves all rights regarding this RFP, including, without limitation, the right to:

(1) waive any minor informality or non-conformance with the provisions or procedures of this RFP, and seek clarification of any Proposal, if required;

(2) negotiate an agreement based on the Scope of Services described in this RFP and to negotiate separately in any manner necessary to serve the best interest of the District;

(3) reject any or all Proposals received, or cancel this RFP, without liability upon the District’s finding that it is in the best interest of the public to do so;

(4) amend or delay this RFP without liability upon the District’s finding that it is in the best interest of the public to do so;

(5) reject any Proposal that fails substantially to comply with all prescribed RFP procedures and requirements;

(6) amend any agreements that result from this RFP; and

(7) engage other suppliers to perform the same or similar services.

5.5 Protests

Prospective contractors or Proposers may submit, and the District will resolve, protests of this

RFP or contractor selection in accordance with OAR 137-047-0730 or 137-047-0740, as applicable, which must be received by the District’s Contract and Risk Administrator prior to the

Solicitation Protest/Clarification Deadline specified in the Solicitation Schedule, or the deadline provided in the District’s Notice of Intent to Award, as applicable.

Article 6

SPECIAL TERMS AND CONDITIONS

6.1 Minimum Qualifications

At the time of submitting a Proposal, Proposer must hold all required certificates and/or licenses in good standing to sell the lines of insurance required in this RFP and be able to bind and service insurance policies through SDIS and SAIF.

6.2 Contract Term

The services are anticipated to begin by July 1, 2024. The agreement is expected to have an initial fixed term of approximately three-years through June 30, 2027, followed by two renewal options of one-year each.

6.3 Compliance with Law

In its performance of the services, the Contractor shall comply with all applicable laws, rules, codes, regulations, policies, and requirements imposed by governmental authorities having jurisdiction over the services, including, without limitation, the Insurance Code (as defined in

ORS 731.004).

Article 7

SOLICITATION DOCUMENTS

7.1 Solicitation Documents

For purposes of this RFP, the following documents together constitute the RFP:

(1) this RFP;

(2) Exhibit A – Proposal Checklist;

(3) Exhibit B – Proposer Information and Certification;

(4) Exhibit C – Proposal Label; and

(5) Exhibit D – Sample Agreement.

EXHIBIT A

PROPOSAL CHECKLIST

PROPOSAL CHECKLIST

This checklist is provided for the Proposer’s convenience in assembling your Proposal and is not required to be returned. The District does not guarantee that all requirements of this RFP are represented below, it is Proposer’s sole responsibility to ensure its Proposal contains all elements required by this RFP, and applicable law and administrative rule.

The following Proposal content and attachments should be returned with the Proposal:

☐ Exhibit B – Proposer Information and Certification as specified in section 3.5(a)(1).

☐ Fee Proposal as specified in section 3.5(a)(2).

☐ Technical Proposal as specified in section 3.5(b), including:

☐ Project Description and Approach as detailed in section 3.5(b)(1);

☐ Experience and Qualifications as detailed in section 3.5(b)(2); and

☐ Project Team as detailed in section 3.5(b)(3).

Proposers are encouraged to use the following exhibit to identify their Proposal, it is provided for

Proposers convenience and is not required.

Exhibit C – Proposal Label

The following exhibit is not to be returned with the Proposal, but is provided for Proposers reference and review as described in the RFP.

Exhibit D – Sample Agreement

– END OF EXHIBIT A –

EXHIBIT B

PROPOSER INFORMATION AND CERTIFICATION

FIRM/COMPANY NAME:

STREET ADDRESS:

CITY, STATE, ZIP CODE:

PRIMARY CONTACT NAME:

PRIMARY CONTACT TITLE:

PRIMARY CONTACT TELEPHONE:

PRIMARY CONTACT EMAIL:

Proposer (check one) is ☐ / is not ☐ a resident of the State of Oregon (“resident” as defined in ORS

279A.120(1)). If not, indicate state of residency: .

Proposer (check one) yes ☐ / no ☐ holds current license(s) and/or certificate(s) as required to perform the Scope of Services.

Name and title of primary individual authorized to represent Proposer in any negotiations and sign any agreement(s) that may result from the RFP:

NAME: TITLE:

Proposer currently has, or prior to executing any agreement(s) if awarded will be able to obtain, insurance coverage meeting or exceeding the insurance requirements of the attached sample agreement, (check one) yes ☐ / no ☐.

Affirmative Action Program. The District is an equal employment opportunity employer and values diversity in its work force. The District requires its contractors to have an operating policy as an equal employment opportunity employer. Firms of 50 people or less do not need to have a formal equal employment opportunity program, but should have an operating policy supporting equal employment opportunity. Proposer shall answer the following questions (check yes or no):

yes ☐ / no ☐ Does your firm have more than 50 employees?

yes ☐ / no ☐ Does your firm have a formal equal employment opportunity program?

Proposer, by signature of its authorized representative below, hereby certifies:

a. that Proposer has read, understands, and agrees to comply with the terms and conditions of the

RFP and the resulting agreement, subject to any negotiations entered into between the District and Proposer in accordance with the RFP, if awarded;

b. that Proposer has complied, or will comply, with all requirements of local, state, and federal laws, and no legal requirements have been or will be violated in responding to the RFP or executing any agreement(s) that result;

c. that Proposer has not discriminated and will not discriminate, in violation of ORS 279A.110, against any disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disable veteran owns or an emerging small business that is certified under ORS 200.055 in obtaining any required subcontract;

d. under penalty of perjury, that Proposer is, to the best of Proposer’s knowledge, not in violation of any tax laws described in ORS 305.380;

e. that no Conflict of Interest (“Conflict of Interest” means no officer, employee, or agent of the

Proposer has any personal financial interest, direct or indirect, in the operation of Bend Park and

Recreation District or its affiliates), exists which precludes an impartial Proposal from being submitted by Proposer and that if such conflict should arise, Proposer will immediately notify the District;

f. the price(s) and/or amount(s) of this Proposal were arrived at independently and without consultation, communication, or agreement with any other consultant, Proposer, or potential

Proposer, and neither the exact nor approximate price(s) and/or amount(s) of this Proposal will be publicly disclosed before agreement award(s) or cancellation of the RFP;

g. no attempt has been made or will be made to induce any firm or person to refrain from

Proposing on the RFP or to submit any noncompetitive Proposal or other complementary

Proposal;

h. that it’s Proposal is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive

Proposal; and

i. that if awarded an agreement, Proposer will be authorized to do business in the State of Oregon at the time of the award.

2. Proposer acknowledges receipt of all Addenda issued under the RFP, if any.

3. The District is not be liable for any claims or subject to any defenses asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of the RFP.

4. The District is not liable for any expenses incurred by Proposer in both preparing and submitting its

Proposal or in participating in the Proposal evaluation/selection or contract negotiation process, if any.

5. The signatory of this Proposer Information and Certification is a duly authorized representative of the Proposer, has been authorized by Proposer to make all representations, attestations, and certifications contained in this Proposal document, the RFP, and all Addenda issued, if any, and to execute this Proposal document on behalf of Proposer.

By signature below, the undersigned authorized representative hereby certifies on behalf of Proposer that all contents of this Proposer Information and Certification and the submitted Proposal are truthful, complete, and accurate. Failure to provide information required by the RFP may ultimately result in rejection of the Proposal.

PROPOSER SIGNATURE

Signature Title

Name (please print) Date

– END OF EXHIBIT B –

EXHIBIT C

PROPOSAL LABEL

PROPOSAL LABEL

SEALED PROPOSAL ENCLOSED

DELIVER TO:

BEND PARK AND RECREATION DISTRICT

ATTN: JUSTIN SWEET

799 SW COLUMBIA STREET

BEND, OR 97702

PROPOSAL MUST BE RECEIVED NO LATER THAN:

APRIL 24, 2024, 2:00 p.m.

FOR:

PROPOSER NAME:

Proposer may optionally use the above label to identify its Proposal.

– END OF EXHIBIT C –

PERSONAL SERVICES CONTRACT

{01917577-01569401;1}

This personal services contract (“Contract”) is dated as of the Effective Date and is between BEND PARK

AND RECREATION DISTRICT, an Oregon special district (the “District”), and <AGREEING ORGANIZATION

NAME>, <a/an> <insert organization type> (“Contractor”). The District issued a Request for Proposals dated <Month DD, YYYY> seeking proposals for insurance agent of record services (“RFP”). Contractor submitted a proposal dated <Month DD, YYYY> in response to District’s RFP offering to provide the

District with the Services (as defined in section 1.1) (“Proposal”). Contractor is the successful proposer.

The District and Contractor now desire to memorialize the terms and conditions pursuant to which

Contractor will provide, and the District will pay for, the Services.

For the mutual exchange of promises contained in this Contract, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the District and Contractor agree as follows:

Article 1

SERVICES SPECIFIC PROVISIONS

1.1 Services

This Contract is based upon the following initial information and assumptions and as further described in the Statement of Work (as defined in Article 2) (the “Services”):

(1) Description of the Services: <insert a brief description of the Services>.

(2) Services locations: <insert street address, taxlot, or other unique project location identifier(s), or reference to the Statement of Work, or an attachment>

(3) Services schedule: Contractor shall commence providing the Services <on Month DD, YYYY/upon District’s written notice to proceed> through <Month DD, YYYY><, as more particularly described in the Statement of Work>.

1.2 Representatives

The following representatives are assigned by each party to administer this Contract and serve as the primary point-of-contact on behalf of their respective entity. Either party may change their representative at any time by written notice to the other party.

The District’s representative:

Justin Sweet

Contracts and Risk Administrator

799 SW Columbia Street

Bend, OR 97702

JustinS@bendparksandrec.org

(541) 706-6102

Contractor’s representative:

<First and Last Name>

<Title>

<Street Address>

<City, State Zip Code>

<email address>

<phone number>

{01917577-01569401;1} PERSONAL SERVICES CONTRACT

Template 03.29.2023

1.3 Contract Term

(a) This Contract is effective as of midnight at the end of the Effective Date (as defined in section 4.11) and terminates as of midnight at the end of June 30, 2027.

(b) The District may elect to renew this Contract for two additional terms of one-year each. The District may exercise its renewal right by written notice to Contractor not later than 60-days prior to expiration of the then current term. The District’s timely delivery of renewal notice to Contractor will make this Contract binding for one additional one-year term without requiring further action of the parties. The terms and conditions for the renewal term will be identical with the immediately preceding term except that the District will no longer have any renewal right that has previously been exercised and subject to pricing changes as provided for in section 1.4(b).

1.4 Contract Price

(a) Original Term Pricing: The Consultant will be compensated at the rates and/or unit prices described in the attached fee schedule (see section 1.5), but in no event will total compensation under this Contract exceed <$XX,XXX.XX>.

(b) Renewal Term Pricing: Not less than 120-days prior to the last day of the then-expiring term, the Consultant shall provide the District with pricing for the Services to be performed during the following term. In the event the Consultant fails to provide the District with pricing for any renewal term, the pricing from the immediately preceding term shall apply.

1.5 Contract Documents

For purposes of this Contract, the “Contract Documents” consist of the following documents listed in order of precedence for the purpose of determining conflicting provisions in the

Contract Documents except that in the event of overlap or inconsistency between the terms of the Contract Documents, the term that provides a better quality or quantity of service to District shall control. To the extent that any terms of a Contractor’s document conflicts with terms of this Contract, such terms are void and are expressly and wholly subject to the terms of this

Contract.

(1) this Contract;

(2) <District’s <I->RFP, including all addenda,> incorporated by reference as Exhibit A;< and>

(3) <Contractor’s Proposal incorporated by reference as Exhibit B;> <and

(4) <document name> attached as Exhibit C>.

Article 2

STATEMENT OF WORK

2.1 Scope of Work

The Contractor shall provide the usual and customary products and services necessary for successful administration of property, casualty, workers’ compensation, and other lines of commercial insurance as well as high-quality risk management consulting which work together as a comprehensive system to effectively control the District’s losses and reduce insurance premiums.

2.2 <insert title>

<insert language>

Article 3

TERMS AND CONDITIONS

3.1 Key Staff

(a) This Contract was awarded on the basis of the unique background and abilities of the key staff identified in Contractor’s Proposal (collectively and individually, the “Key Staff”). Contractor shall make available the Key Staff for the duration of this Contract. If any Key Staff becomes unavailable to Contractor, the parties shall mutually agree upon an appropriate replacement.

(b) Without prior notice to, and prior written consent from, the District (the District’s consent not to be unreasonably withheld), Contractor shall not:

(1) re-assign or transfer any Key Staff to other duties or positions so that Key Staff are unable to fully perform their responsibilities under this Contract;

(2) allow any Key Staff to delegate to anyone their performance or management authority, or other responsibility required under this Contract; or

(3) substitute any Key Staff.

(c) Contractor shall remove any Key Staff from performance of this Contract to which the District has a reasonable objection, in the event the District has a reasonable objection to any Key Staff, Contractor will have a reasonable time period to find a suitable replacement.

3.2 Contractor’s Qualifications

Contractor shall use qualified, experienced, and where applicable, certified, or licensed personnel in providing the Services and performing Contractor’s obligations under this Contract.

Contractor represents and warrants that it has the necessary qualifications and experience to provide the Services.

3.3 Standard of Care

Contractor shall provide the Services with the degree of skill and diligence normally employed by professionals performing the same or similar services at the time the Services are performed.

3.4 Non-Discrimination

Contractor shall comply with all applicable requirements of federal and state civil rights law and rehabilitation statutes and shall not discriminate based on race; color; gender; age; religion;

ancestry, national origin; U.S. military veteran status; marital status; sexual orientation;

disability; medical condition; source of income; or political affiliation in programs, activities, services, benefits, or employment in connection with this Contract.

3.5 Payment Terms

(a) Unless otherwise agreed upon by the parties in writing, payments shall be made monthly in proportion to the Services performed. District shall pay Contractor within 30 days after receipt of a properly itemized and accurate invoice with supporting documentation. Any progress payments issued by District shall not be considered acceptance or approval of any completed Services or waiver of any defects therein.

(b) Contractor shall not submit, and District shall not be liable for: (1) any invoice(s) that exceed the contract price(s) agreed upon in section 1.4, and (2) any charge that exceeds the unit prices or other rates agreed upon in section 1.4.

3.6 Subcontractors

This Contract was awarded on the basis of the unique abilities and experience of Contractor, Contractor shall not utilize subcontractors without the prior written consent of District. If permitted, Contractor shall require all subcontractors, if any, to agree in writing to be bound by and adhere to the terms and conditions of this Contract, including, but not limited to, providing

Contractor proof of insurance coverages at least equal to the minimum insurance requirements required by this Contract.

3.7 Ownership of Work Product

All work product of Contractor that results from this Contract is the exclusive property of

District. Contractor hereby irrevocably assigns to District all of its right, title, and interest in and to any and all of the work product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Contractor waives any and all rights relating to the work product including any and all rights arising under Title 17 USC

§106A or any other rights of identification of authorship or rights of approval, restriction, or limitation on use or modifications.

3.8 Indemnification and Hold Harmless

Contractor agrees to hold harmless, indemnify, and defend District, and its officers, directors, employees, agents, volunteers, and contractors, from and against all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature (including, without limitation, reasonable attorneys’ fees, and settlement costs) resulting from, arising out of, or related to:

(1) any misrepresentation, breach, or alleged breach of any representation, warranty, agreement, or obligation under this Contract by Contractor or its affiliates or subcontractors;

(2) any actual or alleged performance or nonperformance of the Services;

(3) any claim or liability arising from any contract between Contractor and any third party, whether or not made to effectuate the purposes of this Contract, and regardless of whether Contractor enters into such contracts as District’s agent or as principal;

(4) any actual or alleged violation of any applicable law by Contractor or its affiliates or subcontractors or their respective officers, directors, employees, suppliers, subcontractors, agents, successors, or affiliates;

(5) taxes, together with interest and penalties, that are Contractor’s responsibility under this Contract;

(6) infringement or alleged infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, or other personal or proprietary right of a third party in connection with the Services; and

(7) any other claim related to the Services and due to any act, negligence, willful misconduct, or omission by Contractor or its affiliates or subcontractors or their respective officers, directors, employees, suppliers, subcontractors, agents, successors, or affiliates.

3.9 Insurance

(a) Insurance Coverages. Contractor shall obtain and maintain throughout the term of this Contract, the following insurance coverages:

(1) General Liability. Commercial general liability insurance (occurrence form), including coverage for bodily injury, property damage, independent contractors, contractual liability (covering Contractor’s indemnification obligations under this Contract), personal injury, products and completed operations, with limits of not less than $2,000,000 per occurrence and $4,000,000 in the aggregate. Contractor’s liability insurance shall be primary and will not seek contribution from any insurance or self-insurance maintained by District.

(2) Professional Liability. Professional liability insurance covering the errors and omissions of Contractor with limits of not less than $2,000,000.

(3) Auto Liability. Applicable to any automobile assigned to or used in the performance of the Services, whether owned, hired, or non-owned, with a limit of liability of not less than $1,000,000 combined single limit per accident.

(4) Workers’ Compensation. Statutory Limits. Contractor shall comply with Oregon Revised Statutes (“ORS”) 656.017, unless exempt under ORS 656.126, which requires subject employers to provide Oregon workers’ compensation coverage for all their subject workers including employers’ liability coverage with limits not less than $500,000. No workers’ compensation insurance has been or will be obtained by District for Contractor or Contractor’s employees and subcontractors.

(b) Additional Insured. Contractor shall name District, its officers, employees, and agents as additional insureds on all liability policies other than professional liability and workers’ compensation policies.

(c) Notice. There shall be no cancellation, material change, potential exhaustion of aggregate limits, or non-renewal of insurance coverage(s) without 30-days written notice from Contractor, or Contractor’s insurer(s), to District. Any failure to comply with the reporting provisions of this clause shall constitute a material breach of this Contract and shall be grounds for immediate termination of this Contract by District.

(d) Contractor shall, within five days after execution of this Contract and prior to commencement of any Services, furnish District with original certificates of insurance, including the additional insured and all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this section 3.9), and a copy of the declarations and endorsement page of the commercial general liability policy, listing all policy endorsements. Contractor shall deliver new certificates, endorsements, and declarations and endorsement pages to District within five days after replacement or renewal of any required insurance policy. District reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this section 3.9, at any time. Failure to obtain the required documents prior to the Services beginning shall not waive the Contractor’s obligation to provide them. Any failure of Contractor to provide evidence of required insurance shall constitute a material breach of this Contract and shall be grounds for immediate termination of this Contract by District.

(e) Contractor understands that the stated limits of liability are the minimum acceptable by District, Contractor further understands it is Contractor’s sole responsibility to determine the appropriate limits of liability in excess of District’s minimum acceptable limits to meet Contractor’s risk.

(f) If Contractor maintains broader coverage and/or higher limits than the minimums required by this section 3.9, District requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to District.

3.10 Independent Contractor

Contractor is an independent contractor, and not an employee, of District. Contractor is free from direction and control over the means and manner of performing the Services, subject only to the right of District to specify the desired results, and District reserves the right to evaluate the quality of the Services. District will not provide any benefits to Contractor and will not withhold any taxes from any payments made to Contractor. Contractor will be responsible for providing all benefits and paying all taxes arising out of or resulting from Contractor’s performance of the Services, including, without limitation, retirement plans, sick leave, income tax, corporate activity taxes, social security taxes, workers’ compensation, and employment insurance taxes. Contractor is solely responsible for obtaining all licenses, approvals, and certificates necessary or appropriate to perform the Services. This Contract does not create a joint venture, partnership, or agency relationship between District and Contractor. Contractor does not have the authority to bind District to any contract or other agreement or represent to any person that Contractor is an agent of District. Contractor has the authority to hire other persons to assist Contractor in performing the Services (and has the authority to fire such persons). District shall neither have nor exercise any control or direction over the means or manner by which Contractor or its employees under its control shall perform their work and other functions.

3.11 Force Majeure

Neither party shall be responsible for any nonperformance or delay in the performance of any obligation under this Contract caused by fire, riot, acts of God, terrorism, war, government-imposed restrictions, or any other cause which is beyond the party’s reasonable control (each a

“Force Majeure Event”). Such party shall, however, promptly notify the other party of any Force

Majeure Event and shall make all reasonable efforts to perform such obligation as soon as reasonably possible after the end of such cause for delay or nonperformance. No Force Majeure

Event shall commence or be deemed to have occurred unless, within ten days of the event constituting the Force Majeure Event, the party claiming such delay has provided written notice to the other specifying the circumstances that the claiming party contends constitutes a Force

Majeure Event. Notwithstanding the foregoing, District may terminate this Contract upon written notice to Contractor after reasonably determining that the Force Majeure will likely prevent successful performance of this Contract.

3.12 Termination

(a) Mutual Consent. This Contract may be terminated at any time by mutual written agreement of the parties.

(b) Termination for Convenience. District may, at its sole discretion, terminate this Contract, in whole or in part, upon 30 days’ written notice to Contractor.

(c) Termination by District. District may, at its sole discretion, terminate this Contract, immediately upon written notice to Contractor, or on such later date as District may establish in its notice, upon the occurrence of any of the following events:

(1) District fails to receive funding, appropriations, limitations, allotments, or other expenditure authority at levels sufficient to pay for the Services;

(2) federal, state, or local laws, rules, regulations, ordinances, or guidelines are modified or interpreted in a way that either the purchase of the Services by District under this Contract, or District’s payment for the Services from the planned funding source, is prohibited;

(3) Contractor is in default…