TABLE OF CONTENTS 2
SECTION I - INSTRUCTIONS TO PROPOSERS 4
SECTION I - INSTRUCTIONS TO PROPOSERS 6
4.1 PRE-PROPOSAL CONFERENCE: 8
4.2 SUBMITTAL FORMS: 9
4.3 NEGLIGENCE IN PREPARING PROPOSAL: 9
4.4 COSTS OF PREPARATION: 9
4.5 MINIMUM SPECIFICATIONS: 9
4.6 PRICE EXCLUDING TAX: 9
SECTION II – EVALUATION 18
2.1.1Business History & Resources: 18
2.1.2Key Personnel: 19
2.1.3Adverse Actions/Potential Impact: 19
2.1.4Government/Corporate Experience: 19
2.1.5Customer References: 19
2.1.6Other Relevant Information: 20
2.1.7 Evidence of Insurance: 20
3.1Milestones: 20
3.2Customer Service – Availability: 20
3.3Sample Reports: 20
5.1Shortlist: 21
5.2Interviews: 21
5.3Additional Investigations: 21
5.4Prior Experience: 21
5.5Overall Evaluation of the Proposal Response: 21
5.6Additional Agreements: 21
5.7 Cost Justification: 22
SECTION III - STANDARD TERMS AND CONDITIONS 24
2.1 APPLICABLE LAW: 24
2.2 IMPLIED CONTRACT TERMS: 24
2.3 CONTRACT ORDER OF PRECEDENCE: 24
2.4 SEVERABILITY: 24
2.5 NON-WAIVER OF LIABILITY: 24
2.6 PAROL EVIDENCE: 25
3.1 RECORDS: 25
3.2 CONFIDENTIALITY AND DATA SECURITY: 25
3.3 EQUAL EMPLOYMENT OPPORTUNITY AND PAY: 26
3.4 LICENSES AND PERMITS: 27
3.5 ADVERTISING: 27
3.6 EXCLUSIVE POSSESSION: 27
3.7 HEALTH, ENVIRONMENTAL AND SAFETY REQUIREMENTS: 27
3.8 COMPLIANCE WITH LAWS: 27
3.9 CONTINUATION DURING DISPUTES: 28
3.10 STRICT PERFORMANCE: 28
3.11 LEGAL WORKER REQUIREMENTS: 28
3.12 LAWFUL PRESENCE REQUIREMENT: 28
3.13 NO ISRAEL BOYCOTT 28
4.1 COMMENCEMENT OF WORK: 29
4.2 PAYMENT DEDUCTION OFFSET PROVISION: 29
4.3 LATE SUBMISSION OF CLAIM BY CONTRACTOR: 29
4.4 NO ADVANCE PAYMENTS: 29
4.5 FUND APPROPRIATION CONTINGENCY: 29
5.1 CONTRACT AMENDMENTS: 29
5.2 ASSIGNMENT - DELEGATION: 29
5.3 NON-EXCLUSIVE CONTRACT: 30
5.4 AUTHORIZED CHANGES: 30
6.1 TITLE AND RISK OF LOSS: 30
6.2 ACCEPTANCE: 30
6.3 INDEMNIFICATION – PATENT, COPYRIGHT AND TRADEMARK. 30
6.4 FORCE MAJEURE: 31
6.5 ORGANIZATION – EMPLOYMENT DISCLAIMER: 31
6.6 LOSS OF MATERIALS: 31
6.7 DAMAGE TO CITY PROPERTY: 31
7.1 QUALITY: 32
7.2 RESPONSIBILITY FOR CORRECTION: 32
7.3 LIENS: 32
7.4 PROFESSIONAL RESPONSIBILITY: 32
8.1 RIGHT TO ASSURANCE: 32
8.2 NON-EXCLUSIVE REMEDIES: 32
8.3. DEFAULT: 32
8.4 COVENANT AGAINST CONTINGENT FEES: 33
8.5 COST JUSTIFICATION: 33
9.1 GRATUITIES: 33
9.2 CONDITIONS AND CAUSES FOR TERMINATION: 33
9.3 CONTRACT CANCELLATION: 34
SECTION IV – SPECIAL TERMS AND CONDITIONS 35
10.1 CONTRACT WORKER BACKGROUND SCREENING: 39
10.2 BACKGROUND SCREENING REQUIREMENTS AND CRITERIA: 40
10.3 CONTRACTOR CERTIFICATION; CITY APPROVAL OF MAXIMUM RISK BACKGROUND SCREENING: 41
10.4 TERMS OF THIS SECTION APPLICABLE TO ALL OF CONTRACTOR’S CONTRACTS AND SUBCONTRACTS: 41
10.5 MATERIALITY OF BACKGROUND SCREENING REQUIREMENTS; INDEMNITY: 41
10.6 CONTINUING DUTY; AUDIT: 41
SECTION V – SCOPE OF WORK 43
1.1 Part I Services and Part I Flat Fee shall cover the following types of policies: 43
1.2 Services and Fees on Additional Policies that are not included in the Part 1.1 list above 44
1.3 The following services shall be included for Section V.1.1 Property/Casualty and Section V.1.2 additional policies: 44
1.4 Time Expectations and Renewal Calendar for Property and Casualty Broker 46
2.1 Part 2 Services shall cover the following types of bonds: 46
2.2 Surety Bond Placement and Related Services to be included in Part 2 Fee 46
2.3 Time Expectations for Surety Bond Broker 47
SECTION VI – SUBMITTAL 49
SECTION VI – SUBMITTAL 55
Attachment 1 – List of Policies & Bonds in Force 58
Please read this before continuing on to the proposal document.