REQUEST FOR PROPOSAL RFP 18-22 GROUP HEALTH INSURANCE · group’s collective ranking of the highest rated proposals in a descending order. Negotiations shall be conducted with responders

Group Health Insurance Central Arkansas Water RFP 18-22

PERSONS RECEIVING THIS RFP FROM THE INTERNET, EMAIL OR BY FAX MUST CALL (501) 377-1266 AND REGISTER THEMSELVES AS A POTENTIAL RESPONDER. FAILURE TO REGISTER MAY RESULT IN YOU MISSING AN AMENDMENT, AND A MISSING AMENDMENT MAY RESULT IN YOUR OFFER BEING FOUND NON-RESPONSIVE.

REQUEST FOR PROPOSAL

RFP 18-22 GROUP HEALTH INSURANCE

Mailing Date

August 19, 2018

Submittal Due Date September 6, 2018 10:00 A.M. CT

To

Becky Linker Chief Administrative Officer

Human Resources Central Arkansas Water

221 East Capitol Avenue, 3rd Floor Little Rock, AR 72202

(501) 377-1357


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GROUP HEALTH INSURNCE

RFP 18-22

1.0 PURPOSE

Central Arkansas Water (CAW) requests proposals for on group health insurance benefits for all CAW employees, eligible dependents, eligible retirees (both in and out of state), COBRA continuants, and the employees of Pulaski Area Geographic Information Systems (PAgis)*. The term of these services will begin January 1, 2019, and will run a minimum of one year subject to renewal by mutual agreement annually thereafter. Central Arkansas Water is requesting rate proposals for this one year period beginning January 1, 2019.

2.0 SCHEDULE

The following is an anticipated schedule. CAW reserves the right to modify any part of the schedule. RFP Publish Date Sunday, August 19, 2018 RFP Response Due Date and Time Thursday, September 18, 2018 2 P.M., CT Award Date Thursday, October 11, 2018

3.0 COMPETITION INTENDED

It is CAW’s intent that this Request for Proposal permits competition. It shall be the responders responsibility to advise the Chief Administrative Officer (CAO) in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be received by the CAO not later than five (5) days prior to the date set for acceptance of proposals.

4.0 RESPONDERS MINIMUM QUALIFICATIONS

Responders must demonstrate that they have the resources and capability to provide the services as described herein. All responders must submit the documentation indicated with their proposal. Failure to provide any of the required documentation shall be cause for proposal to be deemed non-responsive and rejected. The following criteria shall be met in order to be eligible for this contract: 4.1 Responders must demonstrate that they are financially stable and that they have been

in business providing similar service for at least the last three (3) years. The responder shall provide proof of a positive balance sheet and profitable business operations for two (2) of the last three (3) years.

4.2 Responders shall provide, at a minimum, three (3) comparable references of current work being performed. These references must be for entities in which temporary staffing services have been provided successfully on a consistent basis.


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5. DISADVANTAGED/MINORITY BUSINESS ENTERPRISES

It is CAW’s policy to encourage the involvement of Disadvantaged Business Enterprises (minority- owned and women-owned businesses) in contract awarded. DBE’s are particularly invited to submit statements, either as a prime contractor, subcontractor or as a part of a joint venture. Non-DBE firms are encouraged to arrange subcontractors or joint ventures with DBE’s prior to submission of their bid.

6. EVALUATION OF PROPOSALS:

The CAW Review Committee will collectively develop a composite rating which indicates the group’s collective ranking of the highest rated proposals in a descending order. Negotiations shall be conducted with responders so selected. The Committee may request a Best and Final Offer(s) (BAFO) and/or make a recommendation for the Contract award.

7. PROPOSAL SUBMISSION FORMAT

Responders are to make written proposals that present the responder’s qualifications and understanding of the work to be performed. Responders shall address each of the specific evaluation criteria listed below, in the following order. Failure to include any of the requested information may be cause for the proposal to be considered nonresponsive and rejected. 1. Minimum qualifications stated in Section 6.0 2. Evaluation Criteria

A. Professional capability 1. Describe your firm’s ability to meet or exceed the requirement contained in Sections 4. 2. Please provide a biography on those responsible for handling our account.

B. Experience and performance on similar size projects 1. Provide a list with references of projects of similar size and scope.

C. Experience and performance on previous CAW projects 1. Provide a list of previous projects or affiliations with CAW.

8. ACCOUNT MANAGEMENT

The Respondent shall respond to each of the following:

1. The Respondent shall provide contact information including the individual name and

responsibility level, office phone, cell phone, and email address for daily operations or dispatch, account management, and facility management.

2. Twenty-four hour, seven (7) day-a-week emergency contact information shall be provided.


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9. INSTRUCTIONS FOR SUBMITTING PROPOSALS

Preparation and Submission of Proposals

A. Before submitting a proposal, read the ENTIRE solicitation including the Contract

Terms and Conditions. Failure to read any part of this solicitation will not relieve a responder of the contractual obligations.

B. Pricing must be submitted on RFP pricing form only. Include other information, as requested or required. See Section 27, ATTACHMENT I

C. All proposals must be submitted to the CAO in a sealed container. The face of the sealed container shall indicate the RFP number, time and date of opening and the title of the RFP.

D. All proposals shall be signed in ink by the individual or authorized principals of the firm.

E. Attachments A-E and Attachment I Pricing to the RFP requiring execution by the responder are to be returned with the proposal.

F. Proposals must be received by Human Resources prior to 10:00 a.m., CT on September 6, 2018.

G. Proposals may be either mailed or hand delivered to 221 East Capitol Avenue, Little Rock, AR 72202. Faxed or emailed proposals will not be accepted.

H. Each responder shall submit one (1) original and three (3) copies of their proposal as well as an electronic copy to CAW’s CAO as indicated on the cover sheet of this RFP.

10.0 QUESTIONS AND ANSWERS

Questions and inquiries, both oral and written, will be accepted from any and all responders. However, when requested, complex oral questions shall be submitted in writing. The Human Resources Department is the sole point of contact for this solicitation unless otherwise instructed herein. Unauthorized contact with other CAW staff regarding the RFP may result in the disqualification of the responder. Inquiries pertaining to the RFP must give the RFP number, time and date of opening and the title of the RFP. Material questions will be answered in writing with an Addendum, provided, however, that all questions are received at least ten (10) days in advance of the proposal opening date. It is the responsibility of all responders to ensure that they have received all Addendums and to include signed copies with their proposal. Addendums can be downloaded from CAW WEBSITE AT: http://www.carkw.com, Procurement/Bids, Purchasing, and then select from the Current Open Bids – Request for Proposals.

11.0 PRICING FOR CAW ACCEPTANCE

All projected premium rates should be recorded per Specification Document, Section 27 - Attachment IV Premium Rates.

12.0 QUOTATIONS TO BE F.O.B. DESTINATION-FREIGHT PREPAID AND ALLOWED

http://www.carkw.com/


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Any goods to be delivered to CAW location shall be coordinated with the Purchasing Department prior to delivery. Such goods shall be delivered F.O.B. Destination, freight prepaid, and allowed. COD deliveries shall be denied. The cost of freight, insurance, and all other delivery related costs shall be included in the cost of performing the work proposed in the price proposal.

13.0 AUTHORITY TO BIND FIRM IN CONTRACT

Proposals MUST give full firm name and address of responder. Failure to manually sign proposal may disqualify it. Person signing will show TITLE or AUTHORITY TO BIND THE FIRM IN A CONTRACT. Firm name and authorized signature must appear on proposal in the space provided on the pricing page. Those authorized to sign are as follows:

If a sole proprietorship, the owner may sign. If a general partnership, any general partner may sign. If a limited partnership, a general partner must sign. If a limited liability company, a “member” may sign or “manager” must sign if so specified by the articles or organization. If a regular corporation, the CEO, President or Vice-President must sign. Others may be granted authority to sign but CAW requires that a corporate document authorizing him/her to sign be submitted with proposal.

14.0 WITHDRAWAL OF PROPOSALS

A. All proposals submitted shall be valid for a minimum period of ninety (90) calendar days following the date established for acceptance.

B. Proposals may be withdrawn on written request from the responder at the address shown in the solicitation prior to the time of acceptance.

C. Negligence on the part of the responder in preparing the proposal confers no right of withdrawal after the time fixed for the acceptance of the proposals.

15.0 LATE PROPOSALS

LATE proposals will be returned to responder UNOPENED, if RFP number, acceptance date and responder’s return address is shown on the container.

16.0 RIGHTS OF CAW

CAW reserves the right to accept or reject all or part of any proposal, waive informalities, and award the contract to best serve the interest of CAW. Informality shall mean a minor defect or variation of a proposal from the exact requirements of the Request for Proposal which does not affect the price, quality, quantity, or delivery schedule for the goods, services or construction being procured.

17.0 PROPOSED CHANGES TO SCOPE OF SERVICES


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If there is any deviation from that prescribed in the Scope of Services, the appropriate line in the scope of services shall be rules out and the substitution clearly indicated. CAW reserves the right to accept or reject any proposed change to the scope.

18.0 MISCELLANEOUS REQUIREMENTS

A. CAW will not be responsible for any expenses incurred by a responder in preparing and submitting a proposal. All proposals shall provide a straight-forward, concise delineation of the responder’s capabilities to satisfy the requirements of this request. Emphasis should be on completeness and clarity of content.

B. Responder’s who submit a proposal in response to this RFP may be required to make an oral presentation of their proposal. The Purchasing Department will schedule the time and location for this presentation.

C. Selected contents of the proposal submitted by the successful responder and this RFP will become part of any contract awarded as a result of the Scope of Services contained herein. The successful responder will be expected to sign a contract with CAW.

D. CAW reserves the right to reject any and all proposals received by reason of this request, or to negotiate separately in any manner necessary to serve the best interest of CAW. Responders whose proposals are not accepted will be notified in writing.

19.0 NOTICE OF AWARD

A Notice of Award will be posted on CAW’s website: http://www.carkw.com, Procurement/Bids, Purchasing, and then select from Bid Results and/or Contractor Documents and Awards for Central Arkansas Water.

20.0 W-9 FORM REQUIRED

Each responder shall submit a completed W-9 form with their proposal. In the event of contract award, this information is required in order to issue purchase orders and payments to your firm. A copy of this form can be downloaded from http://www.irs.gov/pub/irs-pdf/fw9.pdf.

21.0 INSURANCE COVERAGE

Responders shall include with their proposal a copy of their current Certificate of Insurance that illustrates the current level of coverage the responder carries. The Certificate can be a current file copy and does not need to include any “additional insured” language for CAW.

22.0 CONTRACT TERMS AND CONDITIONS

The contract of the successful responder will contain the following Contract Terms and Conditions. Responders taking exception to these terms and conditions or intending to propose additional or alternative language must (a) identify with specificity CAW terms and conditions to which they take exception or seek to amend or replace; and (b) include any additional or different language with their proposal. Failure to both identify with specificity those terms and conditions responder takes exception to or seeks to amend or replace as well as to provide


http://www.irs.gov/pub/irs-pdf/fw9.pdf


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responder’s additional or alternate Contract terms may result in rejection of the proposal. While CAW may accept additional or different language if so provided with the proposal, the Terms and Conditions marked with an asterisk (*) are mandatory and non-negotiable.

22.1 Procedures

The extent and character of the services to be performed by Contractor shall be subject to the general control and approval of the Purchasing Manager or his /her representative(s). Contractor shall not comply with requests and/or orders issued by other than the Purchasing Manager or his/her authorized representative(s) acting within their authority for CAW. Any change to the Contract must be submitted in writing and approved by authorized parties. Any change to the contract will be managed by CAW’s Purchasing Manager.

22.2 Contract Period*

The term of this Agreement shall commence January 1, 2019 thru December 31, 2019. The contract is renewable for one (1) year periods if both parties are agreeable not to exceed five (5) years.

22.3 Additions/Deletions

CAW reserves the right to add similar items/services or delete items/services specified in subsequent job orders as requirement change during the term of the Contract. Prices for items/services to be added to the Contract will be mutually agreed to by CAW and Contractor. A contract amendment will be issued for each addition or deletion that is approved.

22.4 Non-Discrimination Policy

Central Arkansas Water shall not discriminate against or in the selection of vendors because of the race, color, creed, religion, sex, national origin, age, disability, veteran’s status, marital status, sexual orientation, gender identity, genetic information, political opinions or affiliation, or any other status protected by law. By submission of a response to the RFP, you agree that you shall not discriminate in your employment practices or your provision of goods or services to others on the basis of race, color, creed, religion, sex, national origin, age, disability, veteran’s status, marital status, sexual orientation, gender identity, genetic information, political opinions or affiliation, or any other status protected by law.

22.5 Compliance with Laws*

Contractor shall comply with, and all activities under this Contract shall be subject to, all

applicable federal, state, and local laws and regulations, as now existing and as may be

amended or modified.


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22.6 Israel Boycott Notice*

Company represents that it does not currently engage in refusals to deal, termination of

business activities, or other actions that are intended to limit commercial relations with

Israel or persons or entities doing business in Israel or in Israeli-controlled territories in a

discriminatory manner other than boycotts to which 50 U.S.C. § 4607(c) applies, and

Company agrees that it will not, during the term of Agreement, engage in such refusals,

termination, or other actions.

22.7 Business, Professional, and Occupational License Requirement

Contractor is required to be licensed in accordance with the required state, local and county agencies.

22.8 Insurance

A. Contractor shall be responsible for its work and every part thereof, and for all

materials, tools, equipment, appliances, and property of any and all description used in connection therewith. Contractor assumes all risk of direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the Contract.

B. Contractor and all subcontractors shall, during the continuance of all work under the Contract provide the following:

1. Workers’ Compensation and Employer’s Liability to protect Contractor from any

liability or damages for any injuries (including death and disability) to any and all of its employees, including any and all liability or damage which may arise by virtue of any statute or law in force within the State of Arkansas.

2. Comprehensive General Liability insurance to protect Contractor, and the interest of CAW, its officers, commissioners, employees, and agents against any and all injuries to third parties, including bodily injury and personal injury wherever located, resulting from any action or operation under the Contract or in connection with the contracted work. The General Liability insurance shall also include the Broad Form Property Damage endorsement, in addition to coverage for explosion, collapse, and underground hazards, where required.

3. Automobile Liability insurance, covering all owned, borrowed, leased, or rented vehicles operated by Contractor.

C. Contractor agrees to provide the above referenced policies with the following limits.

Liability insurance limits may be arranged by General Liability and Automobile policies for the full limits required, or by a combination of underlying policies for


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lesser limits with the remaining limits provided by an Excess or Umbrella Liability policy. 1. Workers’ Compensation:

Coverage A: Statutory Coverage B: $500,000/$500,000/$500,000

2. General Liability:

Per Occurrence: $1,000,000 Personal/Advertising Injury: $1,000,000 General Aggregate: $2,000,000 Products/Completed Operations: $2,000,000 Aggregate Fire Damage Legal Liability $100,000 GL Coverage, excluding Products and Completed Operations, should be on a Per Project Basis

3. Automobile Liability:

Combined Single Limit: $1,000,000

D. The following provisions shall be agreed to by Contractor:

1. Contractor will provide an original signed Certificate of Insurance and such endorsements as prescribed herein. a. Contractor will provide on request certified copies of all insurance coverage

Certificates of Insurance related to the Contract within ten (10) business days of request by CAW. These certified copies will be sent to CAW from Contractor’s insurance agent or representative.

b. Any Certificate of Insurance provided shall indicate the Contract name and number.

2. No change, cancellation, or non-renewal shall be made in any insurance coverage without a forty-five (45) day written notice to CAW. Contractor shall furnish a new Certificate of Insurance prior to any change or cancellation date. The failure of Contractor to deliver a new and valid Certificate of Insurance will result in suspension of all payments until the new Certificate of Insurance is furnished.

3. Liability Insurance “Claims Made” basis: If the liability insurance purchased by

Contractor has been issued on a “claims made” basis, Contractor must comply with the following additional conditions. The limits of liability and the extensions to be included as described previously in these provisions, remain the same. Contractor must also agree to provide certificates of insurance evidencing the above coverage for a period of two (2) years after final payment for Contractor for General Liability policies. This certificate shall evidence a “retroactive date”


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no later than the beginning endorsement by means of a certificate of insurance or a copy of the endorsement itself.

4. Contractor must disclose the amount of deductible/self-insured retention

applicable to the General Liability and Automobile Liability. CAW reserves the right to request additional information to determine if Contractor has the financial capacity to meet its obligations under a deductible/self-insured plan. If this provision is utilized, Contractor will be permitted to provide evidence of its ability to fund the deductible/self-insured retention.

5. Contractor agrees to provide insurance issued by companies within the State of

Arkansas, with the Best’s Key Rating of at least A:VII.

6. CAW, its officers and employees shall be endorsed to Contractor’s Automobile and General Liability policies as an “additional insured” with the provision that this coverage “is primary to all other coverage CAW may possess.” (Use “loss payee” where there is an insurable interest). A Certificate of Insurance evidencing the additional insured status must be presented to CAW along with a copy of the Endorsement.

7. Contractor will provide a waiver of subrogation endorsement in favor of CAW

on their Commercial Auto, General Liability and Workers’ Compensation Policies.

8. Compliance by Contractor with the foregoing requirements as to carry insurance

shall not relieve Contractor of their liabilities provisions of the Contract.

E. Precaution shall be exercised at all times for the protection of persons (including employees) and property.

F. Contractor is to comply with the Occupational Safety and Health Act of 1970, Public

Law 91-956, as it may apply to this Contract.

G. If an “ACORD” Insurance Certificate form is used by Contractor’s insurance agent, as it relates to Cancellation “SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.”; the agent shall state the cancellation provisions either on company letterhead or copy of that portion of the policy.

H. Contractor agrees to waive all rights of subrogation against CAW, its officers,

employees, and agents.

22.9 Safety

All Contractors and subcontractors performing services for CAW are required to and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and


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regulations. Also, all Contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this Contract. In accordance with OSHA under 29 CFR 1910.130, all onsite personnel utilized on this project will be forty (40) hour trained for work being performed in a hazardous environment. Safety meeting will be held daily during this project.

22.10 Ordering, Invoicing and Payment

Invoices shall be submitted to CAW, Accounts Payable, P. O. Box 1789, Little Rock, AR 72203 or emailed to [email protected]. All such invoices will be paid within forty-five (45) days by CAW unless any items thereon are questioned, in which event payment will be withheld pending verification of the amount claimed and the validity of the claim. Contractor shall provide complete cooperation during any such investigation. Cash discount must be shown on pricing form, otherwise prices will be considered net. Unless prices and all information requested are complete, proposal may be disregarded and given no consideration. CAW’s preferred payment term is 2%N10. Prices quoted shall not include State or Local Sales tax. Invoice billing will be paid at the current tax rate for Little Rock/North Little Rock, Arkansas in accordance with the contract payment schedule.

22.11 Stop Work Order

CAW, may, by written order to Contractor at any time, and without notice to any surety, require Contractor to stop all or any part of the work called for by this Agreement. In such instance, CAW shall not be liable for any payments to Contractor for services subject to the stop work notice beyond those services provided on the day the notice to stop work is delivered to Contractor. Any such order shall be identified specifically as a stop work order issued pursuant to this paragraph. This stop work order shall remain in effect until CAW shall either: (i) cancel the stop work order; or (ii) terminate the work covered by such order as provided in the Termination for Default Clause or the Termination for Convenience Clause for this Agreement, if applicable.

22.12 Termination for Convenience*

a. Termination. CAW may, when the interests of the utility so require, terminate this Contract, in whole or in part, for the convenience of CAW. CAW shall give written notice of the termination to Contractor specifying the part of the Contract terminated and when the termination becomes effective. b. Contractor’s Obligations. Contractor shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination. Contractor will stop work to the extent specified. Contractor must still complete the work not

mailto:[email protected]


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terminated by the notice of termination and may incur obligations as are necessary to do so.

22.13 Termination for Cause a. Cause. In the event of Termination for Cause, the thirty (30) days advance notice is waived and Contractor: At any time 1) Contractor fails to conform to the requirements of the Contract; 2) Contractor seeks relief under any law for benefit of insolvents or is adjudicated bankrupt; 3) any legal proceedings are commenced against Contractor which may interfere with the performance of the Contract or 4) Contractor has failed to supply an adequate working force or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the Contract, which default is not fully corrected or remedied to the reasonable satisfaction of CAW within ten (10) days following the date a written notice thereof by CAW, then CAW shall have the right and power, at its option and without prejudice to any other rights or remedies it may have, to immediately terminate the Contract. Any cost or expense incurred by CAW arising out of Contractor’s breach or default hereunder, and for CAW’s enforcement of these rights, shall be the obligation of Contractor and may, at CAW’ discretion, be deducted from any amounts that may then be owing to Contractor under the Contract, without any release or waiver of any other rights or remedies in law or equity to which CAW may be entitled. b. Contractor’s Duties. Notwithstanding termination of the Contract and subject to any direction from CAW, Contractor shall take timely, reasonable, and necessary action to protect and preserve property in the possession of Contractor in which CAW has an interest. c. Compensation. Payment for completed services delivered and accepted by CAW shall be at the contract price.

d. Additional Rights and Remedies. The rights and remedies provided in this clause are in addition to any other rights and remedies provided by law.

22.14 Public Records*

The RFP document and all proposals submitted in response thereto are public records. You are cautioned to not put material into the proposal that is proprietary in nature. All proposals submitted become the property of CAW. (Reference CAW website: www.carkw.com procurement/bids, purchasing, Proprietary Information & Proposals Property of CAW)

22.15 Anti-assignment/subcontracting

Contractor acknowledges that it was selected by CAW to perform the services required hereunder based, in part, upon Contractor’s special skills and expertise. Contractor shall not assign, subcontract, or otherwise transfer its obligations under this Contract, in whole or in part, without the prior written consent of CAW, which CAW may, in its sole discretion, approve or deny without reason. Any attempted assignment or transfer of



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its obligations without such consent shall be null and void. No such approval by CAW of any subcontract shall be deemed in any way to provide for the incurrence of any obligation of CAW in addition to the compensation agreed upon in this Contract. Subcontracts, if any, shall be subject to the terms and conditions of this Contract and to any conditions of approval that CAW may deem necessary. Subject to the foregoing, this Contract shall be binding upon the respective successors and assigns of the parties.

22.16 Attorneys’ fees and expenses*

Subject to other terms and conditions of this Contract, in the event Contractor defaults in any obligations under this Contract, Contractor shall pay to CAW all costs and expenses (including, without limitation, investigative fees, court costs, and attorney’s fees) incurred by CAW in enforcing this Contract or otherwise reasonably related thereto. Contractor agrees that under no circumstances shall CAW be obligated to pay any attorney’s fees or costs of legal action to Contractor.

22.17 Authority to contract*

Contractor warrants: (a) that it is a validly organized business with valid authority to enter into this Contract; (b) that it is qualified to do business and in good standing in the State of Arkansas; (c) that entry into and performance under this Contract is not restricted or prohibited by any loan, security, financing, contractual, or other agreement of any kind; and, (d) notwithstanding any other provision of this Contract to the contrary, that there are no existing legal proceedings or prospective legal proceedings, either voluntary or otherwise, which may adversely affect its ability to perform its obligations under this Contract.

22.18 Debarment and suspension*

Contractor certifies to the best of its knowledge and belief, that it:

is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction by any federal department or any political subdivision of the State of Arkansas;

has not, within a three (3) year period preceding this proposal, been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction;

has not, within a three (3) year period preceding this proposal, been convicted of or had a civil judgment rendered against it for a violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of these offenses enumerated in


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paragraphs two (2) and three (3) of this certification; and, has not, within a three (3) year period preceding this proposal, had one or more public transactions (federal, state, or local) terminated for cause or default.

22.19 Force majeure

Each party shall be excused from performance for any period and to the extent that it is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond the reasonable control and without the fault or negligence of such party. Such acts shall include without limitation acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, earthquakes, floods, or other natural disasters (“force majeure events”). When such a cause arises, Contractor shall notify CAW immediately in writing of the cause of its inability to perform, how it affects its performance, and the anticipated duration of the inability to perform. Delays in delivery or in meeting completion dates due to force majeure events shall automatically extend such dates for a period equal to the duration of the delay caused by such events, unless CAW determines it to be in its best interest to terminate the Contract.

22.20 Indemnification*

To the fullest extent allowed by law, Contractor shall indemnify, defend, save and hold harmless, protect, and exonerate CAW, its commissioners, board members, officers, employees, agents, and representatives from and against all claims, demands, liabilities, suits, actions, damages, losses, and costs of every kind and nature whatsoever including, without limitation, court costs, investigative fees and expenses, and attorneys’ fees, arising out of or caused by Contractor and/or its officers, directors, principals, agents, and/or employees in the performance of or failure to perform this Contract. In CAW’s sole discretion, Contractor may be allowed to control the defense of any such claim, suit, etc. In the event Contractor defends said claim, suit, etc., Contractor shall use legal counsel acceptable to CAW. Contractor shall be solely responsible for all costs and/or expenses associated with such defense, and CAW shall be entitled to participate in said defense. Contractor shall not settle any claim, suit, etc., without CAW’s concurrence, which CAW shall not unreasonably withhold.

22.21 Independent Agency status*

Contractor shall, at all times, be regarded as and shall be legally considered an independent contractor and shall at no time act as an agent for CAW. Nothing contained herein shall be deemed or construed by CAW, Contractor, or any third party as creating the relationship of principal and agent, master and servant, partners, joint ventures, employer and employee, or any similar such relationship between CAW and Contractor. Neither the method of computation of fees or other charges, nor any other provision contained herein, nor any acts of CAW or Contractor hereunder creates, or shall be deemed to create a relationship other than the independent relationship CAW and Contractor. Contractor’s personnel shall not be deemed in any way, directly or


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indirectly, expressly or by implication, to be employees of CAW. Neither Contractor nor its employees shall, under any circumstances, be considered servants, agents, or employees of CAW and CAW shall be at no time legally responsible for any negligence or other wrongdoing by Contractor, its servants, agents, or employees. CAW shall not withhold from the contract payments to Contractor any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to Contractor. Further, CAW shall not provide to Contractor any insurance coverage or other benefits, including Worker’s Compensation, normally provided by CAW for its employees.

22.22 Modification or renegotiation*

Except as otherwise specifically provided in this Contract, this Contract may be altered, amended, or modified only by a written document executed by CAW and Contractor.

22.23 No limitation of liability

Nothing in this Contract shall be interpreted as excluding or limiting any tort liability of Contractor for harm caused by the intentional or reckless conduct of Contractor or for damages incurred through the negligent performance of duties by Contractor.

22.24 Quality control

Contractor shall institute and maintain throughout the contract period a properly documented quality control program designed to ensure that the services are provided at all times and in all respects in accordance with the Contract. The program shall include providing daily supervision and conducting frequent inspections of Contractor’s staff and ensuring that accurate records are maintained describing the disposition of all complaints. The records so created shall be open to inspection by CAW.

22.25 Recovery of money

Whenever, under the Contract, any sum of money shall be recoverable from or payable by Contractor to CAW, the same amount may be deducted from any sum due to Contractor under the Contract or under any other contract between Contractor and CAW. The rights of CAW are in addition and without prejudice to any other right CAW may have to claim the amount of any loss or damage suffered by CAW on account of the acts or omissions of Contractor.

22.26 Severability

If any part of this Contract is declared to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision of the Contract that can be given effect without the invalid or unenforceable provision, and to this end the provisions hereof are severable. In such event, the parties shall amend the Contract as necessary to reflect the original intent of the parties and to bring any invalid or unenforceable provisions in compliance with applicable law.


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22.27 Termination upon bankruptcy

This Contract may be terminated in whole or in part by CAW upon written notice to Contractor, if Contractor should become the subject of bankruptcy or receivership proceedings, whether voluntary or involuntary, or upon the execution by Contractor of an assignment for the benefit of its creditors. In the event of such termination, Contractor shall be entitled to recover just and equitable compensation for satisfactory work performed under this Contract prior to such date.

22.28 Third party action notification

Contractor shall give the customer prompt notice in writing of any action or suit filed, and prompt notice of any claim made against Contractor by any person or entity that may result in litigation related in any way to this Contract.

22.29 Waiver

No delay or omission by either party to this Contract in exercising any right, power, or remedy hereunder or otherwise afforded by contract, at law, or in equity shall constitute an acquiescence therein, impair any other right, power or remedy hereunder or otherwise afforded by any means, or operate as a waiver of such right, power, or remedy. No waiver by either party to this Contract shall be valid unless set forth in writing by the party making said waiver. No waiver of or modification to any term or condition of this Contract will void, waive, or change any other term or condition. No waiver by one party to this Contract of a default by the other party will imply, be construed as or require waiver of future or other defaults.

22.30 Applicable Law*

This contract shall be governed by and construed in accordance with the laws of the State of Arkansas, excluding its conflicts of law’s provisions, and any litigation with respect thereto shall be brought in the courts of the State of Arkansas located in Pulaski County, Arkansas. Contractor hereby irrevocably consents to the personal jurisdiction of the Circuit Court of Pulaski County, Arkansas upon and over Contractor.

22.31 Applicability of Freedom of Information Act*

Contractor acknowledges that CAW is subject to the requirements of the Arkansas Freedom of Information Act (the “FOIA”) and to the extent Contractor performs work for CAW, Contractor may also be subject to requirements of the FOIA. Therefore, each party shall assist and cooperate with the other (at their own expense) to enable the other party to comply with any applicable information disclosure obligations under the FOIA. Whenever a party receives a request for information under the FOIA in relation to the Contract or information which it is holding on behalf of the other party, it shall (and shall procure that its sub-contractors shall):


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i. transfer the request for information to the other party as soon as practicable after receipt and in any event within one (1) working day of receiving the request for information;

ii. provide the other party with a copy of all information in its possession or power

in the form that the other party requires within two (2) working days (or such other period as the other party may specify) of the other party requesting that information; and

iii. provide all necessary assistance as reasonably requested by the other party to

enable the other party to respond to the request for information within the relevant time for compliance as set out in the FOIA.

Each party shall be responsible for determining at its absolute discretion whether:

i. the information is exempt from disclosure under the FOIA; or

ii. the information is to be disclosed in response to a request for information.

23.0 NOT APPLICABLE 24.0 NOT APPLICABLE 25.0 NOT APPLICABLE 26.0 COVER LETTER AND GENERAL INSTRUCTIONS –See Section 26 27.0 HEALTH INSURANCE SPECIFICATIONS AND PRICING DOCUMENT – See Section 27, Attachment I 28.0 EXAMPLE OF CURRENT SCHEDULE OF BENEFITS –Section 28, Attachment II 29.0 SPECIFICATION DETAILS –Section 29, Attachment III 30.0 CAW’s PREMIUM DATA –Section 30, Attachment IV


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ATTACHMENT A

CLIENT REFERENCES

The Respondent is responsible to ensure the contact information is accurate and correct.

1. Date (s) of Services: ________________________________________________ Main Location: ________________________________________________ Contact Name (s) ________________________________________________ Contact Phone: ________________________________________________ Email: ________________________________________________

2. Date (s) of Services: ________________________________________________

Main Location: ________________________________________________ Contact Name (s) ________________________________________________ Contact Phone: ________________________________________________ Email: ________________________________________________

3. Date (s) of Services: ________________________________________________

Main Location: ________________________________________________ Contact Name (s) ________________________________________________ Contact Phone: ________________________________________________ Email: ________________________________________________

4. Date (s) of Services: ________________________________________________ Main Location: ________________________________________________ Contact Name (s) ________________________________________________ Contact Phone: ________________________________________________ Email: ________________________________________________

Additional sheets may be used if required.


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ATTACHMENT B

GENERAL INFORMATION QUESTIONAIRE (this form must be filled out by Company and all proposed sub-contractors)

Name of Firm: ______________________________________________ (COMPLETE LEGAL NAME – AS IT WOULD APPEAR ON CONTRACTS)

Principal Office Address: ______________________________________________ ______________________________________________ ______________________________________________ Primary Contact: Name: ______________________________________________ Title: ______________________________________________ Phone: _______________________ Fax: __________________ Cell Phone: ______________________________________________ Email: ______________________________________________ Alternate Contact: Name: ______________________________________________ Title: ______________________________________________ Phone: _______________________ Fax: __________________ Cell Phone: ______________________________________________ Email: ______________________________________________ Form of Business: ______ Sole Proprietorship ______ Corporation ______ Partnership ______ Joint Venture ______ Other (SPECIFY) ________________________________

Federal Tax ID # ________________________________ Is the Respondent Company a certified Disadvantaged Business Enterprise? ______Yes ______ No Respondent ______DOES ______ DOES NOT wish consideration as a DBE? Respondent ______DOES ______ DOES NOT wish consideration as a MBE? If you indicated your Company does wish consideration as a DBE; You MUST provide a copy of your certification or proof of current application.


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Additional Form of Business Information: Sole Proprietorship – information about should be correct. Corporation Information – (Also use this space for “other” form of business, such as LLC)

When incorporated” ________________________ In what state? ________________________ Authorized to do business in Arkansas? ______ YES ______ NO If yes, as of what date? ____________________ Please supply the following for each principal: Legal Name Position _____________________________________ __________________________ _____________________________________ __________________________ _____________________________________ __________________________ _____________________________________ __________________________ _____________________________________ __________________________ _____________________________________ __________________________ Partnership Information Date of Organization: __________________________ Type of Partnership: ____General _____Limited Business Purpose: __________________________ Doing business in Arkansas? ___ No ____ Yes When? ___________ Please supply the following for each Partner: Legal Name Address % Ownership ________________________ _____________________ ______________ ________________________ _____________________ ______________ ________________________ _____________________ ______________ ________________________ _____________________ ______________ ________________________ _____________________ ______________ ________________________ _____________________ ______________ Joint Venture Information Date of Organization: __________________________ Purpose of Joint Venture: __________________________ Doing business in Arkansas? ___ No ____ Yes When? ___________


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Please supply the following for each Partner: Legal Name Address % Ownership ________________________ _____________________ ______________ ________________________ _____________________ ______________ ________________________ _____________________ ______________ ________________________ _____________________ ______________ ________________________ _____________________ ______________ ________________________ _____________________ ______________


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(PRINT NAME)

ATTACHMENT C

Non-Collusion Affidavit

_____________________________________________________________ deposes, (Name) (Title) And says that …. _____________________________________________________________ (Name of Company or other form of business) Has not, either directly or indirectly, entered into any contract or participated in any collusion or otherwise taken any action in restraint of free competition in connection with the proposal leading to the foregoing agreement or in connection with the agreement. That the proposal leading to this agreement has been independently arrived at without collusion with any other proposer or any other competitor or potential competitor. That the proposal leading to this agreement has not been knowingly disclosed prior to the opening of proposal to any other proposer or competitor. That no attempt has been made to induce any other person or Company to submit or not to submit a proposal which may have led to this agreement. This above statement is accurate under penalty of perjury. ______________________________________ (Signed) Subscribed and Sworn to before me This ____ day of ____________________, ________Year Notary Public

My commission expires __________ Year


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ATTACHMENT D

SIGNATURE PAGE

Each individual executing this proposal on behalf of a Respondent represents and warrants that he/she has been authorized to do so by the Board of Directors or other concerned parties who have an interest in the business. Each individual executing this proposal certifies with their signature below that the information contained in the Proposal Response is true and accurate to the best of their knowledge. I affirm that I have read and understand all the provisions set forth in this RFP invitation. I, the undersigned, guarantee our Response meets or exceeds specifications contained in the RFP document. Our firm will comply with all provisions and conditions as specified. All requested information has been submitted as requested. ____________________________________ BUSINESS OR CORPORATION NAME BY: ______________________________ TITLE: ______________________________ DATE: ______________________________


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ATTACHMENT E

RESTRICTION OF BOYCOTT OF ISRAEL CERTIFICATION

Pursuant to Arkansas Code Annotated § 25-1-503, a public entity shall not enter into a contract valued at $1,000 or greater with a company unless the contract includes a written certification that the person or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel.

By signing below, the Contractor agrees and certifies that they do not boycott Israel and will not boycott Israel during the remaining aggregate term of the contract. If a company does boycott Israel, see Arkansas Code Annotated § 25-1-503.

Bid Number/Contract Number

Description of product or service

Contractor name

Contractor Signature: _________________________Date: ________________ Signature must be hand written, in ink