Alliant Agreement & Portland Agreement
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394306 characters
1/2/2020
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
Alliant Insurance Services, Inc.
THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this 11th day of
May, 2021, between the City of Glendale, an Arizona municipal corporation (the “City”), and Alliant
Insurance Services, Inc., a(n) Delaware corporation authorized to do business in Arizona
(“Contractor”), collectively, the “Parties.”
RECITALS
A.
On April 15, 2020 under (under a cooperative purchasing contract), the City of Portland entered
into a contract with Contractor to purchase the goods and services described in the Contract
No. 30007278(“Cooperative Purchasing Agreement”), which is attached hereto as Exhibit A.
The Cooperative Purchasing Agreement permits its cooperative use by other governmental
agencies including the City.
B.
Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods
and services by participating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.
C.
Section 2-149 also provides that the Materials Manager may enter into such cooperative
agreements without meeting the formal or informal solicitation and bid requirements of
Glendale City Code Sections 2-145 and 2-146.
D.
The City desires to contract with Contractor for supplies or services identical, or nearly
identical, to the supplies or services Contractor is providing other units of government under
the Cooperative Purchasing Agreement. Contractor consents to the City’s utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the parties agree as follows:
1.
Term of Agreement. The City is purchasing supplies and/or services from Contractor
pursuant to the Cooperative Purchasing Agreement. According to the Cooperative
Purchasing Agreement, purchases can be made by governmental entities from the date of
award, which was April 15, 2020, until the date the contract expires on April 14, 2025 unless
the term of the Cooperative Purchasing Agreement is extended by the mutual agreement of
the original contracting parties. The Cooperative Purchasing Agreement, however, may not
be extended beyond April 14, 2030. The initial period of this Agreement, therefore, is the
period from the Effective Date of this Agreement until April 14, 2025. The City may renew
the term of this Agreement for an additional five (5) years until the Cooperative Purchasing
Agreement expires on April 14, 2030. Glendale renewals are not automatic and shall only
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occur if the City gives the Contractor notice of its intent to renew. The City may give the
Contractor notice of its intent to renew this Agreement 30 days prior to the anniversary of the
Effective Date to effectuate such renewal.
2.
Scope of Work; Terms, Conditions, and Specifications.
A.
Contractor shall provide City the supplies and/or services identified in the Scope of
Work attached as Exhibit B.
B.
Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
3.
Compensation.
A.
City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as
Exhibit C.
B.
The total purchase price for the supplies and/or services purchased under this
Agreement shall not exceed one-hundred forty thousand two hundred seventy five
dollars ($140,275) annually or seven-hundred one thousand three hundred seventy
four dollars ($701,374) for the entire term of the Agreement (initial term plus any
renewals).
4.
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
5.
Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military
veteran status or any disability. Contractor will require any Sub-contractor to be bound to the
same requirements as stated within this section. Contractor, and on behalf of any
subcontractors, warrants compliance with this section.
6.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.
7.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.
8.
No Boycott of Israel. The Parties agree that they are not currently engaged in and agree that
for the duration of the Agreement they will not engage in, a boycott of Israel, as that term is
defined in A.R.S. §35-393. Unless and until the District Court’s injunction in Jordahl v Brnovich,
336 F.Sup.3d 1016 (D.Ariz. 2018) is stayed or lifted, the Anti-Israel Boycott Provision (A.R.S.
§35.393.01 (A)) (if applicable to this agreement) is unenforceable and the City will take no
action to enforce it.
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9.
Attestation of PCI Compliance. When applicable, the Contractor will provide the City
annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of
compliance certificate signed by an officer of Contractor with oversight responsibility.
10.
Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’
respective authorized representatives at the address listed below:
City of Glendale
c/oDianne Shoemake
Risk Manager
5850 W. Glendale Avenue
Glendale, AZ 85301
And
Christine Tobin
Senior Vice President - Specialty Division
Alliant Insurance Services, Inc.
1301 Dove Street, Suite 200
Newport Beach, CA 92660
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
set forth above.
“City”
“Contractor”
City of Glendale, an Arizona
Alliant Insurance Services, Inc.,
municipal corporation
a Delaware corporation
By:
____________________________
By:
____________________________
Kevin R. Phelps
Name: John McLoughlin
City Manager
Title: First Vice President
ATTEST:
___________________________
Julie K. Bower
(SEAL)
City Clerk
APPROVED AS TO FORM:
___________________________
Michael D. Bailey
John McLoughlin
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City Attorney
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
Alliant Insurance Services, Inc.
EXHIBIT A
(CITY OF PORTLAND, CONTRACT NO. 30007278 FOR INSURANCE BROKERAGE
SERVICES)
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
Alliant Insurance Services, Inc.
EXHIBIT B
Scope of Work
PROJECT
Contractor shall provide the insurance brokerage services, Section I of the cooperative Agreement.
The work shall also include the following:
1. Provide training and educational presentations on insurance-related matters to City staff on
requested topics( approx. 2 per year). Provide on-line training system for use by employees that
provides on-line interactive training classes. Provide complete list of classes available and
description of class objective. Training system shall track employees training, provide email notices
when training is scheduled or due for follow up and provides reports by Section, Division and
Department.
2.
Coordinate, attend and participate in carrier loss control surveys and underwriters when
requested.
3.
Property evaluation and appraisal services shall be conducted no less than every five (5) years
for buildings in value over $5M.
Safety and Loss control services may include, but not limited to, on an “as-needed” basis the
following:
1.
Provide an on-site loss control consultant no less than 20 hours per month.
2.
Assist in inspection/audits to determine safety or health hazards that exist in the work
environment and indicate necessary corrective methods or actions to reduce or eliminate exposures.
3.
Evaluate evacuation plans and create templates for city locations to use as a model. Assist
departments in creating their plans, setting up emergency drills and creating electronic emergency
information for on-line access.
4.
Review City safety policies, procedures, and safety programs. Make recommendations for
compliance with industry standards, rules, and regulations. Develop tracking system for all city-wide
policies, procedures, and safety programs.
5.
Conducts monitor and record safety training of employees and supervisors. Make
presentations to employee groups and management teams.
6.
Develop on-site training plan by specified job type to assist the City-wide-Safety Security and
Alliance (safety committee) in employee training requirements and tracking. Provide loss control
training as the needs are determined. Specific training requirements will be targeted to specific
classifications of employees based upon frequency and severity of losses.
7.
Overall consulting on the City' s loss control effort including but not limited to General
Liability, Automobile Liability and Worker Safety. Provide periodic loss control surveys, including
development of recommendations to improve employee safety and prevent the frequency and/ or
reduce the severity of losses.
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8.
Provide status reports monthly on progress of work, including consultant staff hours, status
on all deliverables with highlights of work completed, critical issues, problems or potential problems
and recommended solutions.
9.
Provide, on an annual basis, a liability and workers' compensation frequency, severity, and
total cost performance matrix over a five-year period. The analysis shall benchmark frequency,
severity and total costs against other benchmark cities or best practice performance levels.
10.
Conduct ergonomic and engineering control analysis, meet with departments, and provide
recommendations.
11.
Provide other loss control services as requested when time and cost permits.
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
Alliant Insurance Services, Inc
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
Annual broker services fee as follows:
1st year:
$65,000
2nd year:
$66,570
3rd year::
$67,901
4th year:
$69,259
5th year:
$70,644
The above annual fee was multiplied by a 2% cost of living adjustment.
Loss Control hourly rates
1st year:
$70,400 maximum or 440 hrs. per year at $160.00 per hour
2nd year:
$70,400 maximum or 440 hrs. per year at $160.00 per hour
3rd year:
$70,400 maximum or 440 hrs. per year at $160.00 per hour
4th year:
$70,400 maximum or 440 hrs. per year at $160.00 per hour
5th year:
$70,400 maximum or 440 hrs. per year at $160.00 per hour
Estimated travel: $5,000
Additional coverages, if added, at 10% additional brokerage fee: $5,000
NOT TO EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by
the Project must not exceed $140,275 annually or $701,374 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
Brokerage services billed annually. When projects are assigned, loss control services are billed
monthly for time worked on an hour per hour basis at $160 per hour not to exceed $70,400 annually
or not to exceed $352,000 for the entire term of the Agreement. The monthly billing information
shall include a detailed description of the work completed, by date, loss control consultant, time and
total cost per day. The detail shall also provide a list of all projects billed, by consultant, total
number of hours for each project paid to date, hourly rate, total labor, total amount of invoice, total
funds used to date and available funds and time left on contract.
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124937 INSURANCE BROKERAGE SERVICES RFP
Posting Date: December 3, 2019
CITY OF PORTLAND
REQUEST FOR PROPOSALS (RFP) No. 00001378
FOR
INSURANCE BROKERAGE SERVICES
PROPOSALS DUE:
January 6, 2020
By 4:00 P.M. LOCAL TIME
THERE IS NO MANDATORY PRE-PROPOSAL MEETING SCHEDULED FOR THIS RFP
SUBMITTAL INSTRUCTIONS:
Proposals documents must be submitted electronically. Proposers must have a business registration account in
BuySpeed
and
must
login
to
the
City’s
Procurement
Services
vendor
portal
found
at:
https://procure.portlandoregon.gov/ . Refer to Electronic Submittal Instructions for information on how to upload the
required submittal documents for this RFP. Written proposals may not be mailed, faxed, emailed or hand delivered.
Required Submittal Checklist
One (1) Complete Written Proposal
One (1) Complete Redacted for Public Disclosure Copy of The Proposal
-OR- A Written Statement of No Redaction
Exhibit 2 - D/M/W/SDV/ESB Participation Disclosure Form 1
References
ADDENDA (all addenda issued for this RFP must be submitted with your proposal)
REFER ALL QUESTIONS TO:
DeEtte Wolfe, Sr. Procurement Specialist
Bureau of Revenue and Financial Services, Procurement Services
Phone: (503) 823-6829
Email : DeEtte.Wolfe@portlandoregon.gov
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124937 INSURANCE BROKERAGE SERVICES RFP
PROPOSAL TERMS AND CONDITIONS
CERTIFICATION AS AN EEO AFFIRMATIVE ACTION EMPLOYER –
Successful Proposers must be certified as Equal Employment Opportunity
Affirmative Action Employers as prescribed by Chapter 5.33.076 of the Code of
the City of Portland. The required documentation must be filed with
Procurement Services, City of Portland, prior to contract execution.
EQUAL BENEFITS PROGRAM – Successful Proposers must provide benefits
to their employees with domestic partners equivalent to those provided to
employees with spouses as prescribed by Chapter 5.33.077 of the Code of the
City of Portland. The required documentation must be filed with Procurement
Services, City of Portland, prior to contract execution.
SUSTAINABLE PROCUREMENT: The City has a history of striving to be more
sustainable in its operations and planning. Starting with the City’s Sustainable City
Principles (1994) the City has established a variety of policies to guide its work on
sustainability, including: the Sustainable Procurement Policy, Green Building Policy,
Local Action Plan on Global Warming, and the Stormwater Management Manual (to
view these and related City policies, go to the Portland Policy Documents Website:
http://www.portlandoregon.gov/citycode/26812
As applicable to City procurement, these policies guide the City to buy products and
services that reduce the City’s negative environmental and social impacts. While
specific goals vary, the City’s sustainability objectives tend to focus on: reducing
energy use; reducing air, water, and land pollution; building and maintaining high-
performance green buildings; reducing the use of materials toxic to the environment
and human health; utilizing resources efficiently, including the use of renewable,
reusable and recycled materials; utilizing minority-owned, small, and/or local
businesses; preserving or enhancing biodiversity; and maintaining fiscal health in the
short and long term. As such, the City seeks to do business with firms that will actively
contribute to the City’s sustainability objectives.
CITY OF PORTLAND BUSINESS LICENSE TAX account #: Prior to execution of a
Contract, Contractor shall provide City of Portland business license tax account
number, or shall provide proof of exemption from said registration requirements, as
issued by the City of Portland Bureau of Revenue. Failure to do so within twenty (20)
days after Bidder receives tender of the Contract may result in withdrawal of the
Contract award. Details of compliance requirements are available from the Revenue
Bureau License and Tax Division, 111 SW Columbia Street, Suite 600, Portland,
Oregon
97201,
(503)
823-5157,
website: http://www.portlandoregon.gov/revenue/29320
ADDENDA - If, in the opinion of the Chief Procurement Officer, additional information
or interpretation is needed by the bidders, an addendum will be issued. Any
addendum or addenda issued by the Chief Procurement Officer, that may include
changes, corrections, additions, interpretations, clarifications, or information, and
issued seventy-two (72) hours or more before the scheduled closing time for filing
bids, Saturday, Sunday, and legal holidays not included, shall be binding upon the
bidder. City shall supply copies of such addenda to all respondents who have obtained
copies and are on the plan holder list of the RFP documents for the purpose of
responding thereon, but failure of the respondent to receive or obtain such addenda
shall not excuse the respondent from compliance therewith if awarded the contract.
The City shall post all addenda in BuySpeed on the Procurement Services website.
You must log into BuySpeed, and acknowledge all addenda issued for this solicitation.
COST OF RESPONDING This Request for Proposal does not commit the City to
pay any costs incurred by any respondent in the submission of a response, or in
making necessary studies or designs for the preparation thereof, or for procuring or
contracting for the items to be furnished under the RFP.
LATE PROPOSALS Proposal responses received after the scheduled closing time
for filing will be returned to the respondent unopened. Due to heightened security
measures in the Portland Building, respondents should allow extra time when
delivering bids to the Procurement Services. It is the responsibility of the proposer to
ensure their proposal is submitted in the proper form and in accordance with the time,
date, and location specified in the RFP.
CANCELLATION The City of Portland reserves the right to modify, revise, or
cancel this RFP. Receipt and evaluation of proposals or the completion of interviews
does not obligate the City to award a contract.
REJECTION OF PROPOSALS The City reserves the right to reject any or all
responses to the Request for Proposal if found in the City’s best interest to do so.
GOVERNING LAW - The provisions of any contract shall be construed in accordance
with the provisions of the laws of the State of Oregon without reference to its conflict
of law provisions. Any action or suits involving any question arising under this contract
must be brought in the appropriate court in Multnomah County Oregon. All statutory,
charter and ordinance provisions that are applicable to public contracts in the City of
Portland and the State of Oregon shall be followed with respect to this contract. In
connection with its activities under this Contract, Contractor shall comply with all
applicable federal, state and local laws and regulations including the City's Equal
Benefits Ordinance and its administrative rules, all of which are incorporated by this
reference. These requirements may be found on the City of Portland’s Procurement
Services website:
http://www.portlandoregon.gov/brfs/27353
Failure to comply with the Ordinance permits the City to impose sanctions or require
remedial actions as stated in Section 13.1 of the rules. All statutory, charter and
ordinance provisions applicable to public contracts in the City of Portland and the
State of Oregon shall be followed with respect to this Contract. The following
additional conditions apply to this solicitation and any resultant purchase order or
contract: Appendix A as attached hereto.
AMERICANS WITH DISABILITIES ACT COMPLIANCE – Respondents agree that if
awarded a contract, the successful Contractor will comply with all applicable
provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et
seq. If any respondent requires special assistance or auxiliary aids during the
proposal, evaluation or award process, please notify the Procurement Services, (503)
823-6855, or TDD (503) 823-6868, at least two (2) business days prior to the required
assistance.
SPECIAL CONDITIONS – Where special conditions are written in the Request for
Proposal, these special conditions shall take precedence over any conditions listed
under these Proposal Terms and Conditions.
PUBLIC RECORDS: Any information provided to the City pursuant to this RFP shall
be public record and subject to public disclosure pursuant to Oregon public records
laws ORS 192.410 to 192.505 and 5.33.470.
The general requirement for public disclosure is subject to a number of exemptions.
When preparing a proposal submission, a proposer must plainly mark each page
containing information deemed by the proposer to remain exempt from public
disclosure after proposals have been evaluated (e.g., pages containing trade secret,
economic development information, etc.). A summary of the redactions shall be
placed with the redacted version of the proposal response.
The fact that a proposer marks and segregates certain information as exempt from
disclosure does not mean that the information is necessarily exempt. Any portion of
a proposal that the proposer claims as exempt from disclosure must meet the
requirements of ORS 192.501(2) and ORS 192.502(4). The City will make an
independent determination regarding exemptions applicable to information that has
been properly marked and redacted. Information that has not been properly marked
and redacted may be disclosed in response to a public records request. When exempt
information is mixed with nonexempt information, the nonexempt information must be
disclosed.
Unless expressly provided otherwise in this RFP or in a separate communication, the
City does not agree to withhold from public disclosure any information submitted in
confidence by a proposer unless the information is otherwise exempt under Oregon
law.
If the City refuses to release the records, the proposer agrees to provide information
sufficient to sustain its position to the District Attorney of Multnomah County, who
currently considers such appeals. If the District Attorney orders that the records be
disclosed, the City will notify the proposer in order for the proposer to take all
appropriate legal action. The proposer further agrees to hold harmless, defend, and
indemnify the city for all costs, expenses, and attorney fees that may be imposed on
the City as a result of appealing any decision regarding the proposer’s records.
ORAL INSTRUCTIONS - Oral instructions or information concerning the RFP
documents or the project given out by officers, employees, or agents of the City to
prospective bidders shall not bind the City. Any changes or revisions to the
specifications shall be binding only if issued in writing by the City by addendum. The
City reserves the right to officially amend or cancel an RFP after issuance.
TAXES - Taxes, whether State or Federal, shall not be included in the offered prices.
A tax exemption certificate will be provided by the City upon request.
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124937 INSURANCE BROKERAGE SERVICES RFP draft 120219tg
PART I
PROPOSAL REQUIREMENTS
SECTION A: GENERAL INFORMATION
1.
INTRODUCTION
The City of Portland is the center of commerce, industry, transportation, finance, and services for a
metropolitan area of more than two million people. The Portland/Vancouver/Beaverton Primary
Metropolitan Statistical Area includes the Oregon counties of Clackamas, Columbia, Multnomah,
Washington, and Yamhill, as well as Clark County in Washington. Portland is the largest city in
Oregon, the seat of Multnomah County, and the second largest city in the Pacific Northwest.
The City of Portland (City), incorporated in 1851, is a home rule charter city. The Charter provides for
five nonpartisan Council members, called Commissioners, including the Mayor. They are elected at-
large to four-year terms. The Mayor is the formal representative of the City and is responsible for
assigning each of the Commissioners responsibility for a bureau. Currently, there are approximately
6,000 employees in all areas of City government who are engaged in providing services to the citizens
of Portland.
The City of Portland, Bureau of Revenue and Financial Services, Risk Management (Risk
Management) seeks to market its need for broker services to assist in the management of the City of
Portland’s Insurance Program and risk management activities. This solicitation is for insurance
brokerage services and invites proposals from qualified insurance brokers, hereafter called
“Proposer(s),” with demonstrated experience in insurance and risk management to market and
administer the City’s commercial insurance portfolio and to provide other services related to insurance
and risk management. The City is also interested in soliciting offerors to provide insurance brokerage
and administrative services for an Owner Controlled Insurance Program (OCIP) for BES’s Capital
Improvement Projects (CIPs) and Portland Water Bureau’s Bull Run Filtration Plant Project. Refer to
Exhibit 1, Statement of Work.
The City is seeking proposals from exceptional brokerage firms to provide a very high level of
customer service to the City throughout their performance of the contract. The City places primary
importance on developing and maintaining a quality risk management program with corresponding
insurance coverage that thoroughly responds to the risks and liabilities face the City. The successful
Proposer will have demonstrated experience in insurance and risk management to market and
administer the City’s commercial insurance portfolio, and to provide other services related to
insurance and risk management. Proposers should bring a strong network of connections and
contacts in the insurance market which include a broad array of providers at all price points, be
extremely responsive, detail oriented, personable, and able to use layman terms guide the City in
understanding the nuances of the insurance industry. The City is not only seeking an insurance
broker, but also an advisor and trusted ally in the insurance industry. Proposals are sought from firms
who can consistently demonstrate they value their relationships with the City and is intimately aware
of the City’s needs and proactively identifies opportunities and options.
The City of Portland, Bureau of Revenue and Financial Services, Risk Management (Risk
Management) seeks to market its need for broker services to assist in the management of the City of
Portland’s Insurance Program and risk management activities. This solicitation is for insurance
brokerage services and invites proposals from qualified insurance brokers, hereafter called
“Proposer(s),” with demonstrated experience in insurance and risk management to market and
administer the City’s commercial insurance portfolio and to provide other services related to insurance
and risk management. The City is also interested in soliciting offerors to provide insurance brokerage
and administrative services for an Owner Controlled Insurance Program (OCIP) for BES’s Capital
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124937 INSURANCE BROKERAGE SERVICES RFP draft 120219tg
Improvement Projects (CIPs) and Portland Water Bureau’s Bull Run Filtration Plant Project. Refer to
Exhibit 1, Statement of Work.
2.
BACKGROUND
The Bureau of Revenue and Financial Services is overseen by the City's Chief Financial Officer
and provides centralized financial services, revenue collection, business regulation, financial
reporting and compliance to all City bureaus. BRFS includes the seven divisions of Accounting, Debt
management, Grants Management, Procurement Services, Revenue, Risk, and Treasury. The Risk
Management Program began in the late 1970’s. It oversees two self-insurance funds - one for
Insurance and Claims and the other for Workers’ Compensation. City Risk centrally administers the
City’s tort liability and workers’ compensation programs. We self-administer claims; purchase
insurance for certain risks not self-insured; collect data to manage claims and account for losses and
assist in identifying and controlling risk.
The City has adopted a decentralized Loss Prevention model. Larger bureaus employ Safety and
Risk staff to implement loss prevention and employee safety programs at each bureau. As an Oregon
workers’ compensation self-insured employer, the City must provide loss prevention/safety at each
work location. As the self-insurance program administrator, City Risk reviews loss prevention services
provided at large bureaus and assist smaller bureaus in addressing their needs.
The Risk Management Division provides full-service risk management support to the organization,
including safety, claims administration, insurance procurement, risk identification, mitigation,
reduction, retention, and risk transfer. Risk administers the City's workers' compensation, general
liability & auto liability programs. Risk also manages self-insurance programs and commercial
The City takes a proactive approach to risk management. A variety of risk management techniques
are used including transfer of risk, when in the City’s best interests. The top management team and
legal counsel are committed to a sound risk management program, with special emphasis in the areas
of claims management and loss prevention. The city is committed to reducing costs in all exposure
areas, particularly in general and workers’ compensation liability. The City primarily utilizes the City
Attorney’s Office for legal services.
The City takes an aggressive approach to non-insurance risk transfer by contracting for many high-
risk services, and by advocating for strict hold-harmless and indemnification clauses in contracts with
suppliers and contractors.
3.
SCOPE OF WORK
Refer to Exhibit 1, Statement of Work.
4.
PERIOD OF PERFORMANCE
The City is interested in establishing a broker of record relationship for a period of three (3) years with
an option to extend for an additional two (2) years and anticipates having the successful Proposer
begin work on February 2, 2020.
5.
PROPOSAL INVITATION
This document constitutes an invitation for sealed competitive proposals under Portland City Code
Chapter 5.68. This RFP is for the City of Portland, Risk Management Division as directed by the
Procurement Services as identified herein in accordance with the requirements and provisions
herein.
6.
PROJECT FUNDING
The City has not determined the anticipated cost for the requested services. The Proposer’s
proposal shall include the Proposer's true estimated cost to perform the work irrespective of the
City's budgeted funds for this work.
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124937 INSURANCE BROKERAGE SERVICES RFP draft 120219tg
7.
ESTIMATED TIMELINE
The following dates are for this project and are subject to change at the City’s discretion when in
the best interest of the City:
Written proposals due at 4:00 P.M.
January 6, 2020
Commencement of Evaluation Level 1
January 9, 2020
Announcement of short listed Proposers
TBD
Evaluation Level 2 interviews conducted
TBD
Evaluation Committee recommendation (and
Notice of Intent to Negotiate and Award posted)
TBD
Contract negotiation with successful Proposer
TBD
Notice to proceed-work begins
February 2, 2020
SECTION B: WORK REQUIREMENTS
6.
TECHNICAL OR REQUIRED SERVICES
Refer to Exhibit 1 Statement of Work.
7.
PLACE OF PERFORMANCE
Contract performance will take place primarily at the successful Proposer’s facility. On occasion
and as appropriate, work will be performed at City facilities, a third-party location, or any
combination thereof.
10.
PUBLIC SAFETY
Public safety may require limiting access to public work sites, public facilities, and public offices,
sometimes with little advance notice. The contractor shall anticipate delays in such places and
include the cost of delay in the costs in its proposal. The contractor’s employees and agents shall
carry sufficient identification to show by whom they are employed and display it upon request to
security personnel. City project managers have discretion to require the contractor’s employees
and agents to be escorted to and from any public office, facility or work site if national or local
security appears to require it.
SECTION C: ATTACHMENTS
1) Exhibit 1 - STATEMENT OF WORK
Exhibit 1.A SUMMARY OF COVERAGES
2) Exhibit 2 - M/W/ESB PARTICIPATION DISCLOSURE, FORM 1
3) Exhibit 3 - SAMPLE CITY OF PORTLAND CONTRACT FOR SERVICES
Exhibit 3 is the City’s standard contract for these services and will be used as a result of
this selection process. Any deviations from the Contract shall be clearly identified in a
written request received by the City at least seven (7) business days prior to the proposal
deadline.
4) Exhibit 4 - ELECTRONIC SUBMITTAL INSTRUCTIONS
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124937 INSURANCE BROKERAGE SERVICES RFP draft 120219tg
PART II
PROPOSAL DEVELOPMENT
SECTION A: PROPOSAL PREPARATION
1.
PRE-PROPOSAL MEETING
There is no pre-proposal meeting is scheduled for this RFP.
2.
INVESTIGATION
Proposer shall make all investigations necessary to inform itself regarding the work or services to be
furnished.
3.
QUESTIONS OR CLARIFICATIONS
It shall be the respondent’s responsibility to ask questions, request changes or clarifications, or otherwise
advise the City of Portland, Procurement Services if any language, specifications or requirements of this
RFP appear to be ambiguous, contradictory, or appear to inadvertently restrict or limit the requirements
stated in the RFP to a single source.
Every attempt shall be made to ensure that the proposer receives an adequate and prompt response.
However, in order to maintain a fair and equitable RFP process, all respondents will be advised, via the
issuance of an addendum to the RFP, of any relevant or pertinent additional information related to the
procurement. Questions and requests for clarification regarding this Request for Proposal must be directed
in writing, via email or fax, to the person listed below at least ten (10) calendar days prior to the proposal
due date. Therefore, respondents are advised that any questions received less than ten (10) calendar days
prior to the RFP opening date may not be answered.
DeEtte Wolfe, Sr. Procurement Specialist
Procurement Services, (503) 823-6829
Email: DeEtte.Wolfe@portlandoregon.gov
If, in the opinion of the Chief Procurement Officer, additional information or interpretation is needed by the
respondents, an addendum will be issued. Any addendum or addenda issued by the Chief Procurement
Officer, that may include changes, corrections, additions, interpretations, clarifications, or information, and
issued seventy-two (72) hours or more before the scheduled closing time for submitting the proposal,
Saturday, Sunday, and legal holidays not included, shall be binding upon the respondent. City shall supply
copies of such addenda to all respondents who have obtained copies and are on the plan holder list of the
RFP documents for the purpose of responding thereon, but failure of the respondent to exercise due
diligence to receive or obtain such addenda shall not excuse the respondent from compliance therewith if
awarded the contract.
4.
CONTRACT REVIEW
The sample Services Contract as attached hereto as Exhibit 1 contains the terms and conditions that will
govern the resulting Contract between the City of Portland and the successful Proposer. The City of
Portland is not inclined to negotiate any portion of this contract; however, if a Proposer believes any of the
terms and conditions contained in the City’s contract are unnecessarily restrictive, limit competition, or would
like to request that specific terms and conditions contained in the contract document be considered for
negotiation, they shall submit a written request for negotiation to the City at least seven (7) Business Days
prior to the proposal due date as indicated on the first page of this document.
The request shall identify the specific provision the proposer would like to negotiate, an explanation of why
the proposer believes the provision should be a negotiable provision, and the suggested revised language.
Requests that are not submitted in this format may not be considered. Requests that state the entire
contract be negotiated will not be considered. If the City decides that a contract term can be changed, or is
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willing to consider negotiation of a term, an addendum will be issued. If no addendum is issued, the City
will not consider negotiation of its standard contract terms.
THIS WILL BE THE PROPOSER’S ONLY OPPORTUNITY TO TAKE EXCEPTION TO ANY OF THE
TERMS AND CONDITIONS CONTAINED WITHIN THE CONTRACT AND TO REQUEST THE
NEGOTIATION OF PROVISIONS CONTAINED IN THE CONTRACT. ANY PROPOSAL WHICH TAKES
EXCEPTION TO TERMS AND CONDITIONS OF THE SAMPLE CONTRACT THAT HAVE NOT BE
IDENTIFIED BY ADDENDUM AS SUBJECT TO NEGOTIATION OR WHICH MAKES THE PROPOSAL
CONTINGENT UPON ACCEPTANCE OR NEGOTIATION OF OTHER TERMS AND CONDITIONS
SHALL BE DEEMED NON-RESPONSIVE AND THE PROPOSAL SHALL BE REJECTED.
5.
ORAL INSTRUCTIONS
Oral instructions or information concerning the RFP documents, or the project given out by officers,
employees, or agents of the City to prospective respondents shall not bind the City. Any changes or
revisions to the specifications shall only be binding if issued in writing by the City by addendum. The City
reserves the right to officially amend or cancel an RFP after issuance.
6.
COST OF RESPONDING
This Request for Proposal does not commit the City to pay any costs incurred by any respondent in the
submission of a response, or in making necessary studies or designs for the preparation thereof, or for
procuring or contracting for the items to be furnished under the RFP.
7.
PERMITS, LICENSES AND CITY APPROVALS
The successful respondent shall include in their proposal the cost to obtain or maintain all permits,
certifications, licenses, and City approvals that may be required to perform the contract.
8.
INTERGOVERNMENTAL CO-OPERATIVE PURCHASING
The respondent agrees to extend identical prices and services under the same terms and conditions to all
public agencies. Requirements stated herein reflect the City of Portland usage only.
A public agency wishing to utilize like services will execute its own contract with the awarded contractor for
its requirements. The successful contractor shall provide quarterly usage reporting of the City of Portland
as well as that of other public agencies to the City of Portland, Procurement Services. Any respondent by
written notification included with their proposal, may decline to extend the services, prices and terms of this
RFP to any and/or all other public agencies.
9.
CHANGES TO THIS RFP
The City reserves the right to modify, revise or cancel this RFP. Receipt and evaluation of proposals or the
completion of interviews do not obligate the City to award a contract.
SECTION B: PROPOSAL SUBMISSION
1.
PROPOSALS DUE
By submitting a proposal, the respondent agrees to provide all services specified within the RFP, at the
times and prices indicated, pursuant to all requirements and specifications as contained therein.
Proposals must be received in the Procurement Services vendor portal BuySpeed, no later than the date
shown on the cover of this solicitation. Refer to PROPOSAL SUBMISSION below.
2.
PROPOSAL
Written proposals must be clear, succinct and not exceed twenty-five (25) pages, excluding required
submittal documents. In addition, proposals may include up to ten (10) pages of supplemental information
(brochures and marketing materials, etc.). Proposers who submit more than the pages indicated may not
have the additional pages of the proposal read or considered.
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All submittals will be evaluated on the completeness and quality of the content. Only those firms providing
complete information as required will be considered for evaluation. The ability to follow these instructions
demonstrates attention to detail.
3.
PROPOSAL SUBMISSION
Proposers shall submit proposals electronically by uploading the required submittal documents (see
checklist on the front page) to the City of Portland, Procurement Services vendor portal, BuySpeed found
at: https://procure.portlandoregon.gov/.
Electronic Submittal Process
Refer to EXHIBIT 4, Electronic Submittal Instructions for instructions on submitting a proposal via
BuySpeed.
For purposes of this proposal submission, the proposer shall submit to BuySpeed:
A.
One (1) complete proposal which includes all of the following:
1. Cover Letter
2. One (1) complete written Proposal
3. EXHIBIT 2, D/M/W/SDV/ESB Participation Disclosure Form 1
4. References
5. Addenda
B.
One (1) complete Redacted for Public Disclosure Copy or written statement of no
redaction.
C.
Optional: Up to ten (10) pages of supplementary information.
Security and confidentiality of the transmitted data: For purposes of this proposal submission, the proposer
shall submit electronically: a PDF of one (1) complete original, and a PDF of one (1) complete Redacted
for Public Disclosure Copy. If Proposer has no redactions, a written statement to that effect shall be
submitted in PDF format as well. The entire proposal “package” shall be received by the City’s
Procurement Center, BuySpeed, on or before the Proposal Due date and time, specified on the first page
of this solicitation document.
Note: Proposers should plan adequate time to log into their company’s BuySpeed account and
upload their proposal documents. If you have questions or need assistance accessing your
BuySpeed account, contact the Procurement contact listed on the front page of this solicitation
document prior to the day this RFP closes.
4.
REDACTION FOR PUBLIC RECORDS
Any portion of a proposal that the Proposer claims as exempt from disclosure must meet the requirements
of ORS 192.501(2) and ORS 192.502(4). When preparing its proposal submission, the Proposer shall
provide one (1) Redacted for Public Disclosure Copy of their proposal with their submission. The Redacted
for Public Disclosure Copy shall be a complete copy of the submitted proposal, in which all information that
the Proposer deems to be exempt from public disclosure has been redacted. For the purpose of the
Redacted for Public Disclosure Copy, “redaction” means “the careful editing of a document to remove
confidential references; a revised or educated document thereby obscuring the exempt information but
otherwise leaving the formatted document fully intact.” Proposers shall include a summary page(s) at the
beginning of their Redacted for Public Disclosure Copy detailing the location of all redacted information.
When exempt information is mixed with nonexempt information on the same page, the exempt information
must be redacted in such a way as to allow the disclosure of the non-exempt information. Should the
proposer determine that no redactions are required, that statement may be included within the text of the
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Cover Letter. If a proposer fails to submit a Redacted for Public Disclosure Copy of their proposal as
required, the City may release the proposer’s original proposal without redaction.
Please refer to the PROPOSAL TERMS AND CONDITIONS for more information about confidential
information within public records.
5.
CONFLICT OF INTEREST
A respondent submitting a proposal thereby certifies that no officer, agent or employee of the City has a
pecuniary interest in this RFP or has participated in the contract negotiations on the part of the City. Further
the respondent certifies that the proposal is made in good faith without fraud, collusion, or connection of
any kind with any other respondent on this particular request for proposal, and that the respondent is
competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm.
6.
PROPOSAL ORGANIZATION
The respondents must provide all information as requested in this Request for Proposal (RFP).
Responses must follow the format outlined in this RFP. Additional materials in other formats or pages
beyond the stated page limit(s) may not be considered. The City may reject as non-responsive at its sole
discretion any proposal or any part thereof, which is incomplete, inadequate in its response, or departs in
any substantive way from the required format. Proposal responses shall be organized in the following
manner:
7.
PROPOSAL ORGANIZATION
The respondents must provide all information as requested in this Request for Proposal (RFP). Responses
must follow the format outlined in this RFP. Additional materials in other formats or pages beyond the
stated page limit(s) may not be considered. The City may reject as non-responsive, at its sole discretion,
any proposal or any part thereof, which is incomplete, inadequate in its response, or departs in any
substantive way from the required format.
Proposals shall be organized in the following manner:
a) Cover Letter
b) Project Team
c) Project Approach and Understanding
d) Corporate Responsibility
e) Proposed Cost
f)
Supporting Information
g) OCIP proposal
h) References
The City is committed to a transparent process of award and selection of an insurance broker with the
intention to secure the best possible solution(s) for the City’s ongoing needs while ensuring an optimal
financial and operational outcome and the best value for the Services.
8.
EVALUATION CRITERIA
8.a.
COVER LETTER-Required, but not scored
By submitting a response, the proposer is accepting the General Instructions and Conditions of this
Request for Proposal (reference second page of the proposal). Any exceptions to the requirements or
requests for waivers MUST be included in the proposal Cover Letter or they will not be considered.
A legal representative of the successful firm authorized to bind the firm in contractual matters must sign
the Cover Letter and the Proposal. If appropriate, include firm’s City of Portland Business License Tax
account number as well as the Equal Opportunity Employer (EEO) compliance status. Failure to provide
required Cover Letter information will be grounds for finding the contractor non-responsive and the entire
proposal will be disqualified.
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Proposer’s shall provide the following information in their Cover Letter:
A.
Table of Contents of the Proposal
B.
General Company Information
1. The name(s) of the person(s) authorized to sign any contract that may result
2. Proposer’s Profile:
a. Proposer’s business Identification Information:
b. Name of Company, and DBA if applicable
c. Company’s physical office address
d. Company’s Website address
e. Number of employees, including full-time and part-time employees
f.
Day time phone number, fax number, and email address (if different from Proposal
Point of Contact)
g. Proposal Point of Contact: including name, job title, day time phone number,
business cell phone number, email address, and office mailing address
h. Description of Proposer’s Business:
i.
Business organization type (corporation, partnership, LLC, non-for profit,
for-profit, etc.)
ii.
Whether registered business in Portland and/or Oregon,
iii.
Business License Number
iv.
Country and state of business formation
v.
Number of years in business
vi.
State the number of years that the Proposer has operated under its
current name and any former names under which the Proposer has
operated, and the years those names were used
vii.
Primary mission of business
viii.
Whether Proposer is a Stare of Oregon COBID certified firm. If so, list
certification(s) i.e. D/M/W/SDV/ESB
C.
Other organizational information pertinent to this solicitation:
1.
Information on ownership and entities responsible for negotiating on behalf of
Proposer.
a.
If the business organization is a corporation, the Proposer must
provide the date and state of incorporation and the name(s) and
professional address(es) of those authorized to negotiate for the
Proposer.
b.
If a partnership, provide the date, type of partnership, and list
each general partner owning more than five (5) percent of the partnership.
c.
If a joint venture, provide the date of organization and the location
where the agreement is recorded, and the names, addresses and
percentages of ownership.
2.
The Proposer shall provide evidence that it is authorized to engage in business
transactions in the state of Oregon or provide assurance that it will obtain such
authority upon award.
8.b.
PROJECT TEAM-20 Points
Proposers should provide information regarding the account managers and other staff members assigned
to work on the project, including their present employment status, or other activities on another project
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presently under contract by the firm. If any key personnel are presently assigned on a project, proposers
should offer insight as to when they would be available for the City’s contract.
The Proposer must provide the following information pertaining to the experience, expertise and availability
of the key individuals assigned to this account:
a) Description of key staff proposed to be assigned to the City’s account
b) Approximate number of people to be assigned to the account.
c) Provide information on the primary account representative, and all other proposed account
representatives and loss control or risk management specialists, demonstrating the following for
each individual:
d) Qualifications, education, training, capabilities, and relevant experience on similar accounts as
described in the Statement of Work within this Proposal.
e) Specific service skills provided, any unique qualifications and the dates of employment
f)
Proposed responsibilities on the City’s account;
g) Current assignments, availability, and number of clients/accounts currently assigned;
h) Percentage of time that will be devoted to the City’s account; and,
i)
Specify any time or service limitations associated with these services.
j)
Include a description of your experience and expertise serving clients: experience with
municipalities of comparable size,
k) Provide an organizational chart, showing the staffing and lines of authority for the key personnel
to be used on this account, as well as the relationship of the primary account representative to
management and to support personnel should be clearly illustrated.
l)
include a description of your experience and expertise serving clients:
8.c
PROPOSER’S CAPABILITIES-25 Points
The Proposer must provide the following information pertaining to the experience and expertise of the firm.
Describe your firm's capabilities and resources in relation to this project. Proposers should provide a
narrative description of their firm's capabilities, experience and resources in relation to required work to
performed on this project. Describe in detail:
a) Services, projects or work performed on large public sector accounts, similar to the City, which
demonstrates a minimum of five (5) years’ experience and best characterizes the firm’s
management, organizational capabilities, work quality and cost control.
b) The firm’s resources available to perform the work for the duration of this project as well as any
other on-going projects.
c) The firm’s internal procedures and/or policies associated or related to service delivery, work quality
and cost control. Include descriptions of secure web-based tools or other electronic-based
customer service processes the firm has implemented to enhance service and reduce paper-based
processes and expense.
d) Ideas you have provided to improve other clients’ insurance and/or self-insurance programs.
Provide examples of innovative techniques that you have recommended to clients which have
helped them successfully and cost-effectively manage a specific obstacle or challenge in their risk
management program.
e) What is included in your core benefits brokerage and consulting services?
f)
Are other services available? If so, please provide an overview.
g) A summary of what differentiates your firm from your competitors,
h) Indicate the primary physical location from which you will be providing your services. Provide the
full address
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8.d
PROJECT APPROACH AND UNDERSTANDING-15 Points
The Proposer(s) shall demonstrate a clear and concise understanding of the City’s account by describing
and clarifying how the services described in Ex. 1 Statement of Work will be provided, how work will be
performed, the technical and industry standard methods that will be used to accomplish the work, and, any
potential major issues or obstacles, based upon information provided in this RFP, including attachment
materials identified in Part 1, Section C.
a) Describe the action plan you would propose to provide brokerage services for the City to
meet and/or exceed the service expectations outlined in the Statement of Work.?
b) Describe what is included in your core benefits brokerage and consulting services? Are there
other services available that your firm can provide? If so, please provide an overview.
c) Provide a plan which outlines the implementation procedures and a draft timeline the bidder
expects to use in performing a transition from a current provider to a new provider.
d) Provide a start-up plan which outlines your approach to having the City as a client. What would
occur within the first 90 days after contract execution? Specify responsibilities and roles
performed by Proposer’s firm and as well as those the Proposer anticipates will be performed by
the City.
8.e
CORPORATE RESPONSIBILITY-20 Points
Through the adoption of The Portland Plan, the Social Equity Contracting Strategy, and Sustainable
Procurement Policy, the Portland City Council has shown its commitment to contracting with socially and
environmentally responsible businesses. The City values and supports diversity and is dedicated to
advancing equity in public contracting by increasing opportunities for State of Oregon certified
Disadvantaged, Minority, Women, Service-Disabled Veteran and Emerging Small Business enterprises
(“D/M/W/SDV/ESB”).
The Social Equity Contracting Strategy promotes D/M/W/SDV/ESB economic growth and encourages
partnering and mentoring between large and small D/M/W/SDV/ESB firms on City contracts. Proposing
firms are encouraged to use the State’s COBID website at http://www.oregon4biz.com/How-We-Can-
Help/COBID/ for identifying potential certified subcontractors.
All Proposers shall address the following in their proposals:
A.
STATE OF OREGON COBID CERTIFICATION http://www.oregon4biz.com/How-We-
Can-Help/COBID/
1. Please indicate in your response if your firm is currently registered with the
State of Oregon as a COBID (D/M/W/SDV/ESB) certified firm.
B.
WORKFORCE DIVERSITY AND COMMUNITY INVOLVEMENT
1. Describe your firm’s workforce demographics and any measurable steps taken
to ensure a diverse internal workforce (e.g., women and people of color).
2. What percentage of local management teams are people of color and women
(specifying women and people of color separately)?
3. How do you approach internal on-the-job training, mentoring, technical
training, and/or professional development opportunities for women and people
of color?
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4. Describe your firm’s employee compensation structure, (e.g., living wages,
healthcare coverage, employee leaves, dependent care, etc.).
5. Describe your firm’s commitment to community service, (e.g., charitable
programs, scholarships, economic development, etc.)
D.
SUSTAINABLE BUSINESS PRACTICES
1. List the top five actions/ongoing practices your firm has implemented to reduce the
environmental impacts of your operations (e.g., energy efficiency, use of recycled content
or non-toxic products, use of public transit or alternative fuel vehicles, waste prevention
and recycling, water conservation, green building practices, etc.).
The City expects thoughtful consideration of all of the above Corporate Responsibility criteria in the
preparation of proposals.
The City will enforce all COBID certification (D/M/W/SDV/ESB) commitments submitted by the
successful Proposer. The successful Proposer will not be permitted at any time to substitute or
delete a COBID subcontractor without the prior written approval of the Chief Procurement Officer.
8.f
PROPOSED COST-20 Points
The Proposer(s) proposal shall include the Proposer’s true estimated cost to perform the work (Refer to
Exhibit 1, Statement of Work) irrespective of the City’s budgeted funds for this work.
a) Describe your proposed form of compensation (i.e., commission, annual retainer, fee-for-service).
b) Specify which services are included in this compensation and which services would require
additional fees.
The City is particularly interested in transparency on the part of the broker with regard to all sources of
compensation related to this contract. The proposal shall provide the firm’s policies, procedures and
processes pertaining to how the following will be provided to the City:
c) Detailed information on any contingency fees, wholesale commissions, or any other form of
compensation related to its work on behalf of the City as well as compensation that the broker
may receive directly from the City;
d) Full disclosure on pricing, terms and conditions of coverage provided to competing insurance
carriers when marketing insurance on behalf of the City;
e) Fees for additional services or innovative concepts the Proposer(s) may offer that are proposed
but have not been specifically requested in this RFP. This information must be separated out
from the cost of the specified services and itemized by service.
f)
Describe your proposed form of compensation (i.e., commission, annual retainer, fee-for-service).
g) Specify which services are included in this compensation and which services would require
additional fees.
9.
SUPPORTING INFORMATION-Not Scored
a) Proposers may opt to include sample materials that are representative of the support provided to
existing and prior clients of similar services.
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b) Provide at least two examples of your success in negotiating favorable insurance rates and
coverage for your clients.
10.
REFERENCES- Required, but not scored
Provide at least three (3) current references, and at least one (1) entity the proposer no longer does
business, References should be public entity clients similar to our size and insurance portfolio needed,
within the last five (5) years. Including the following:
a. Name and title of reference;
b. Name of company/agency;
c. Company address and phone number
d. Email address for individual contact person
e. The account (e.g., primary representative, account representative, project manager,
etc.)
f.
name of the account
g. Dates of work performance or services provided
11.
WITHDRAWAL, MODIFICATION OR ALTERATION OF PROPOSAL
Prior to the RFP opening, changes may be made provided the change is initialed by the respondent
or authorized agent. Also, a proposal may be withdrawn upon written request of the respondent
prior to the scheduled closing time for accepting proposals. Negligence on the part of the
respondent in preparing their proposal confers no right to withdraw their response after the
scheduled closing time for filing proposals.
As a result of any of these actions, if the intent of the respondent is not clearly identifiable, the
interpretation most advantageous to the City will prevail.
12.
LATE PROPOSALS
Proposals received after the scheduled closing time for filing will be returned to the respondent
unopened. Due to heightened security measures in the Portland Building, respondents should
allow extra time when delivering bids to the Procurement Services. It is the responsibility of the
proposer to ensure their proposal is submitted in the proper form and in accordance with the time,
date, and location specified in the RFP.
13.
CANCELLATION
The City of Portland reserves the right to modify, revise or cancel this RFP. Receipt and evaluation
of proposals or the completion of interviews do not obligate the City to award a contract.
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PART III
PROPOSAL EVALUATION
SECTION A: PROPOSAL REVIEW AND SELECTION
1.
EVALUATION CRITERIA
An Evaluation Committee (Committee) will be appointed to evaluate the eligible proposals received. For
the purpose of scoring proposals, each Committee member will evaluate each proposal in accordance
with the criteria listed in Part II, Section B. The Committee may seek the assistance of outside expertise,
including, but not limited to, technical advisors. The Committee will require a minimum of ten (10) business
days to evaluate and score the proposals.
The choice regarding how or when to proceed, the need for additional clarifications, decisions to begin or
terminate negotiations, determination of a reasonable time, decisions to open negotiations with a lower
scoring Proposer, and any decision that a solicitation should be cancelled are all within the sole discretion
of the City.
All communications shall be through the contact referenced on the cover page of this RFP. At the City’s
sole discretion, communications with members of the Evaluation Committee, other City staff, or elected City
officials for the purpose of unfairly influencing the outcome of this RFP may be cause for the Proposer’s
proposal to be rejected and disqualified from further consideration.
2.
EVALUATION PROCESS
The proposal evaluation process consists of a series of Evaluation Levels that will lead to the identification
of a finalist. Each proposal response will be evaluated in accordance with the following evaluation criteria:
Evaluation Level #1 – Written Scoring
Proposal responses meeting the mandatory and responsiveness requirements will be further evaluated as
part of Evaluation Level #1. One hundred possible (100) points are available at Evaluation Level #1. This
step consists of a detailed review of the written proposal responses as follows:
Level #1 Evaluation Criteria
Criteria
Maximum Level
#1 Score
Point
Distribution by
Subsection
1. COVER LETTER
0
REQUIRED
2. PROJECT TEAM
20
3. SERVICE PROVIDER CAPABILITIES
25
4. PROJECT APPROACH AND SYSTEM
DESIGN
15
5. CORPORATE RESPONSIBILITY
20
State of Oregon COBID Certification
4
COBID (D/M/WSDV/ESB) Contracting
8
Workforce Diversity & Community
Involvement
3
Sustainable Business Practices, Workforce
Diversity & Community Involvement
5
6. PROPOSED COST
20
7. REFERENCES
0
REQUIRED
TOTAL:
100
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Short Listing
The Evaluation Committee may focus on only a limited number of proposals by developing a “short list”
based on the scores from the written proposals or may proceed directly to contract negotiation and award.
The number of proposals on the “short list” depends on whether the Committee believes such proposals
have a reasonable chance of leading to the award of a contract. If the Evaluation Committee develops a
“short list”, the scores from Evaluation Level #1 will be held until completion of the Evaluation #2 scoring to
become part of the Total Overall Score.
Evaluation Level #2 – Oral Scoring, Equipment Demonstration and Equipment Testing
This next step will consist of oral presentations and interviews, and further clarification of the Proposer’s
response. Proposers invited to participate in Evaluation Level #2 will be given additional information
regarding the City’s desired content a reasonable time before the scheduled Evaluation Level #2 oral
interviews/presentations are held.
The scoring of the Level #2 will be as follows:
Level #2 Evaluation Criteria
Criteria
Maximum Evaluation Level #2 Score
Content of Oral Presentation and
Interview
100
Total:
100
Following completion of the Evaluation Level #2 scoring, each Proposer’s Evaluation Level #2 score will be
added to their Evaluation Level #1 score to determine their Total Overall Score. The highest scoring
Respondent, based on their Total Overall Score, may be identified as the finalist.
The selection of the Finalist shall be based on negotiated terms and conformance to the City’s terms and
conditions. Negotiations will follow with the Finalist, and if successful, the Proposer and City will enter into
a Services contract for the Project. If the contract with the finalist cannot be reached within a time period
deemed reasonable to the City, the City may elevate any of the respondents that passed Evaluation Level
#1.
The City of Portland may exercise one of the following options:
a. Conduct serial negotiations, beginning with the highest scoring Proposer. Such negotiations could
lead to an award of a contract or the City may decide to terminate the negotiations if it determines
that negotiations are unlikely to result in an acceptable contract to the City within a reasonable
period of time. If negotiations are terminated, the City may cancel the solicitation or proceed to
negotiate with the next highest scoring respondent in the same manner. The City may then continue
to negotiate with respondents further down the list in the order that scores were received or cancel
the solicitation; or
b. Conduct simultaneous competitive negotiations with the two highest scored respondents. Such
negotiations could lead to an award of a contract or the City may decide to terminate the
negotiations with either or both when, in the City’s sole discretion, it determines that negotiations
are unlikely to reach a contract acceptable to the City within a reasonable period of time. The City
may then continue to negotiate with respondents further down the list in order that scores were
received or cancel the solicitation; or
c. Establish a competitive range of respondents who appear likely to be able to receive an award of
a contract, to initiate discussion with such respondents to inform them of deficiencies in their initial
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responses, notify them of parts of their response for which the City would like additional information
or otherwise allow eligible respondents to develop revised responses that will allow the City to
obtain the best response based on the requirements and evaluation criteria set forth in the RFP. In
proceeding with this option, the City will follow the requirements of PCC 5.68 regarding discussions,
negotiations and, if desired, best and final offers.
Proposers who are eliminated at any stage of the evaluation process will be notified of their elimination. At
that time, Proposers who wish to protest their elimination shall file a protest within seven (7) calendar days
of the notice. Following final selection, if any, the City will issue a Notice of Intent to Award a contract to the
Successful Proposer.
The City has the right to reject any or all proposals for good cause in the public interest, and the Chief
Procurement Officer may waive any evaluation irregularities that have no material effect on upholding a fair
and impartial evaluation selection process.
3.
LOCAL CONTRACTING
The City: prefers goods or services that have been manufactured or produced by a local business if price,
fitness, availability and quality are otherwise equal; desires to employ local businesses in the purchase,
lease, or sale of any personal property, public improvements or services; and wants the residents of the
State of Oregon and SW Washington to benefit from optimizing local businesses and services, and the
local employment opportunities they generate.
4.
CLARIFYING PROPOSAL DURING EVALUATION PERIOD
During the evaluation process, the City has the right to require any clarification or change it needs in order
to understand the respondent's view and approach to the project and scope of the work. Any changes to
the proposal will be made before executing the contract and will become part of the final contractor contract.
5.
PROPOSALS ARE PUBLIC RECORDS
All information submitted by proposers shall be public record and subject to disclosure pursuant to the
Oregon Public Records Act (ORS 192.410 et seq.), except such portions of the proposals for which
proposer requests exemption from disclosure consistent with Oregon Law. Any portion of a proposal that
the proposer claims constitutes a “trade secret” or is “confidential” must meet the requirements of ORS
192.501(2) and ORS 192.502(4).
If the City refuses to release the records, the proposer agrees to provide information sufficient to sustain its
position to the District Attorney of Multnomah County, who currently considers such appeals. If the District
Attorney orders that the records be disclosed, the City will notify the proposer in order for the proposer to
take all appropriate legal action. The proposer further agrees to hold harmless, defend and indemnify the
City for all costs, expenses and attorney fees that may be imposed on the City as a result of appealing any
decision regarding the proposer’s records.
6.
AWARD REVIEW AND PROTEST PROCEDURE
REVIEW: ORS 279B.060(5)(a) provides: “Notwithstanding ORS 192.410 to 192.505, proposals may be
opened in a manner to avoid disclosure of contents to competing proposers during, when applicable, the
process of negotiation, but the contracting agency shall record and make available the identity of all
Proposers as part of the contracting agency’s public records from and after the opening of the proposals.
Notwithstanding ORS 192.410 to 192.505, proposals are not required to be open for public inspection until
after the notice of intent to award a contract is issued.”
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124937 INSURANCE BROKERAGE SERVICES RFP draft 120219tg
7.
REVIEW
Following the Notice of Intent to Negotiate and Award a Contract, the public may view proposal documents,
but the City is entitled to withhold from disclosure any materials defined as exempt or conditionally exempt
from disclosure pursuant to the Oregon Public Records Act. Proposers shall designate information they
consider exempt or conditionally exempt from disclosure by stamping the word “Confidential” on such
documents or by otherwise indicating the documents are considered to be confidential. Materials so
designated and meeting the requirements for exempt or conditionally exempt information will not be
disclosed unless the Multnomah County District Attorney determines that disclosure is required after
appeal. The City reserves the right to disclose materials inappropriately marked as exempt or conditionally
exempt and to withhold from disclosure materials that meet standard, but which were inadvertently not
marked as confidential.
Proposers not awarded the contract may seek additional clarification or debriefing, request time to review
the selection procedures or discuss the scoring methods utilized by the Evaluation Committee, subject to
the City’s authority to withhold documents, as stated above.
8.
PROTESTS
Proposers are permitted to challenge the City’s decision to exclude the Proposer from the next step in the
evaluation process and/or to award a contract. Depending on the nature of the protest, Proposers may wish
to review Portland City Code (PCC) 5.33.720, 5.33.730, and 5.33.740 regarding protest procedures, all of
which may be found online at the City Auditor’s website.
Procurement Services shall post a Notice of Intent to Negotiate and Award to the successful Proposer. The
Notice of Intent to Negotiate and Award shall be posted on BuySpeed.
A Proposer who is adversely affected or aggrieved by the award of contract or evaluation decision shall
have seven (7) days after the issuance of the “Notice” to file a protest. The contents to be included in the
protest are found in PCC 5.33.740. A protest is not valid if the Proposer would not be eligible to be awarded
a contract if its protest were upheld. The Chief Procurement Officer will review any protest and issue a
written decision. Whether there are further appeal processes depends on the discretion of the Chief
Procurement Officer.
Protests must be timely and must include all legal and factual information regarding the protest, and a
statement of the form of relief requested. Protests received later than specified or from other than the
Proposer who would receive the contract if the protest was successful will not be considered. The exercise
of judgment used by the evaluators in scoring the written proposals and interviews, including the use of
outside expertise, is not grounds for appeal.
Proposers not awarded the contract may seek additional clarification or debriefing, request time to review
the selection procedures or discuss the scoring methods utilized by the Evaluation Committee, subject to
the City’s authority to withhold documents, as stated above.
SECTION B: CONTRACT AWARD
1.
CONTRACTOR SELECTION
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The City will award a contract to the Proposer whose proposal is considered and evaluated as being the
most advantageous to the City. The contractor selection process will be carried out under Portland City
Code, Chapter 5.68.
2.
CONTRACT DEVELOPMENT
The proposal and all responses provided by the contractor may become a part of the final contract. The
form of contract shall be the contract referenced herein as Exhibit 1.
3.
NOTICE OF INTENT TO NEGOTIATE AND AWARD A CONTRACT
A notice of intent to award posted on the Procurement Services website does not constitute an authorization
for shipment of equipment or supplies or a directive to proceed with services. Before providing any
equipment, suppliers and/or services, the contractor must receive a properly authorized purchase order or
contract.
4.
FAILURE TO EXECUTE CONTRACT
Failure on the part of the respondent to whom a contract is awarded to execute the contract and deliver the
Contract and required documents with the required bonding and insurance certificates within ten (10)
calendar days shall be just cause for cancellation of the award and withdrawal of the Contract. Award may
then be made to the next scored proposer, or the work may be re-advertised, or otherwise as the City may
decide.
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124937 INSURANCE BROKERAGE SERVICES RFP draft 120219tg
EXHIBIT 1
STATEMENT OF WORK
1.
SCOPE OF WORK
Proposer shall have demonstrated experience in insurance and risk management to market and
administer the City’s commercial insurance portfolio and Owner Controlled Insurance Plan (OCIP),
and to provide other services related to insurance and risk management.
The City proposes to engage the successful Proposer in the following services which include, Broker
Core Services, Broker Premium Services:
A.
Broker Core Services
Marketing of the City’s insurance program, service capabilities and ongoing client support are key
aspects of the broker relationship with the City of Portland Risk Management Division. Proposers
responding to this request should demonstrate substantial, high-level knowledge, expertise and
illustrate past success in the following:
a) Evaluation of and subsequent provision of a market analysis of the existing City of Portland
insurance program and coverages; suggest recommendations for additions or changes to
coverages and limits of insurance. Analysis summary shall include information on trends,
market availability, pricing and long-term market direction.
b) Market the City of Portland’s casualty lines, property, workers’ compensation excess, surety
bonds and ancillary commercial coverages and obtain competitive quotes.
c) At time of each insurance renewal and each quarter thereafter provide written carrier rating
status (All insurance companies must meet A.M. Best rating criteria of no less than A-)
d) Present a written report to document the quotes received from the various carriers.
e) Coordinate with the City of Portland’s Risk Management Division, Risk Manager.
f)
Produce all bound policies promptly to the City of Portland Risk Management Division to
include presentation of a policy book for all coverages.
g) Develop and deliver a written service plan outlining activities, deliverables and milestones.
h) Evaluate and report on the City’s self-insured retention limit and insurance fund forecasts,
prepare and provide the City with an Earthquake and Flood PML study, and assist in the
evaluation of the City’s pollution liability exposure.
Performance Requirements
To carry out the Broker Core Services the selected broker will be required to perform the following
comprehensive services: (Note the City has a major renewal date of July 1, 2020. Successful
Proposer is expected to assist with the renewal placement of these expiring policies.)
a) Provide broker services for the City of Portland in accordance with the requirements and provisions
stated herein.
b) Seek competitive programs and market coverage on an unbiased basis and in the best interest of
the City of Portland. Provide detailed coverage comparisons for submitted proposals.
c) Conduct annual meetings/reviews summarizing activities and coverage placements for the City of
Portland.
d) Prepare an annual market analysis and forecast by insurance line. This summary shall include
information on trends, market availability, pricing, and long term (5-year) market directions; and
recommend other additional or different coverages as needed.
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124937 INSURANCE BROKERAGE SERVICES RFP draft 120219tg
e) Verify the accuracy of all binders, policies, policy endorsements, invoices and other insurance
documents as needed prior to delivery to the City of Portland.
f)
Answer coverage questions and provide any necessary research and memoranda in support to
evaluate and answer coverage questions as such may arise.
g) Assist in renewal application processes, preparation of underwriting data, statement of values,
specifications and other data, and if necessary, the development of the City of Portland primary
insurance document.
h) Assist in the preparation of proofs of loss or claims reports and advocate on behalf of the City of
Portland for timely reporting and obtaining settlement of claims from insurers.
i)
Assist with problem-solving, evaluate alternative risk transfer mechanisms, participate in monthly
program meetings.
j)
Be fully qualified and competent with proper licenses, knowledge, experience and personnel.
k) Identify all sources of revenue on any provided services/placements (new and renewal) including
and not limited to: fees, commissions, contingency fees, and bonus or profit-sharing arrangements.
Any undisclosed income must be returned to the City of Portland. Failure to disclose fees will be
considered a material breach of contract.
l)
Develop a TULIP program for users of City properties.
m) Meet with City Risk Management 180 days prior to the renewal or expiration of each policy to
develop appropriate strategies for the renewal placement.
n) Assist in the evaluation of self-insurance fund administration and financing strategies, retention and
deductible levels.
o) Review policies, binders, certificates of insurance, endorsements or other documents received from
insurance companies for accuracy.
p) Provide an Annual Insurance Summary and Annual Program Report by coverage, including insurer,
policy number, limits of coverage, deductible, sub limits, conditions of coverage, duties of the
insured, premium and a brief description of each coverage.
q) Development of marketing strategies and marketing reports.
r)
Development of Maximum Probable Loss scenarios for Earthquake and Flood exposures to the
City.
s) Assistance with loss modeling and mapping, coverage scenarios development and assessing
potential frequency and severity of loss exposures.
t)
Prepare or assist with flood exposure modeling studies and NFIP policy placement.
u) Provide and/or facilitate property evaluation and appraisal services for the City’s real and personal
property.
v) Provide insurance, risk management and loss prevention consulting.
w) Assist in review and analysis of contract or grant related exposures, recommend contract clauses,
insurance types and limits to address exposures and protect the City’s interests.
x) Provide updates on State and Federal legislation that may impact the City.
y) Assist the City with access to carrier services as part of the premium charge
C.
Broker Premium Services
City Risk Management may require the analysis and placement of other ancillary insurance programs and
risk modeling services which includes but is not limited to:
a) Benchmarking the City’s insurance program
b) Actuarial report review
c) Real property appraisal
d) Review of the existing City Risk Management Division disaster response plan
e) Claims process review/audit for best management practices
f) Implementation of an Enterprise Risk Management Program
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124937 INSURANCE BROKERAGE SERVICES RFP draft 120219tg
g) Submission of proposals for insurance brokerage and administrative services for the City’s Owner
Controlled Insurance Program (OCIP). Refer to Section 3 below.
To carry out the Broker Premium Services the selected broker will be required to perform the following
comprehensive services:
1. Work with the City in benchmarking itself against other municipalities in the area of workers’
compensation and liability claims including retention levels.
2. Provide expertise in review and assist the City with considering options in its internal allocation
model.
3. Offer expertise in and develop methods to increase accuracy of the City’s real property
holdings.
4. City Risk Management has developed a Disaster Response Plan that will blend with City
Bureaus’ COOPs (Continuity of Operations Plan). Risk Management may need a review of the
concepts, management and viability of this Plan.
5. The City self-administers its liability claims. As a best management practice, a full review and
offered expertise/alternatives of the City’s current claims processes compared to industry
standards and in conjunction with the City’s RMIS system would be requested.
6. Offer expertise, best practices and methods for implementation of a City-wide ERM program.
7. The City’s OCIP program submission would consider the Proposer(s)’ expertise and
experience in the design/marketing of the program, Administrative services as required, risk
and loss prevention services, claims management services, inclusion of an RMIS system, and
special risk management services.
The additional Broker Premium Services are to be priced separately from the services listed under
Core Broker Services. Proposer shall include the team’s qualifications to provide these services.
2.
TECHNICAL AND REQUIRED SERVICES
A.
Mandatory Requirements
Insurance services for the insurance coverages listed in Broker Core Services, Exhibit 1.A, Summary
of Coverages, and any new and specialty coverage or insurance products, which include, but are not
limited to the following:
a. A comprehensive approach in identifying and quantifying the City’s direct and contingent
exposures;
b. Research insurance markets to determine appropriateness of current coverage and
recommend additional or different coverage as needed;
c. Periodic analysis and report on cost effectiveness of the City’s self-insurance program;
d. Assess and report insurance company stability, solvency and service records;
e. Assist City in the evaluation of self-insurance, retention and deductible levels;
f.
Provide and assist City in preparing and submitting insurance coverage applications;
g. Analyze and assess various risks associated with the projects and determine the level of
coverage needed to protect the Bureaus from financial loss.
h. Design a program acceptable to the Bureaus that insures some or all of the risks identified
by the broker and provide advice as to what risk can reasonably be retained.
i.
Be an effective advocate for the City in marketing insurance coverage (e.g. favorable rates,
premiums, exclusion removal, and endorsements for City specific exposures);
j.
Act in the City’s best interest in obtaining competitive quotes for coverage of exposures;
k. Negotiate acceptable terms and conditions to the coverages and premiums charged to obtain
the most beneficial and cost-effective coverages available.
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124937 INSURANCE BROKERAGE SERVICES RFP draft 120219tg
l.
Determine whether the quotations received from insurer/underwriters meet specifications,
whether the price is reasonable, and prepare and submit a written analysis to Risk Services
Manager. Identify the best OCIP insurance solutions including appropriate coverage, policy
limits, and risk-financing structure. Full disclosure of contingent commission arrangements
shall be required.
m. Place insurance coverage at the City’s direction;
n. Administer insurance policies, including timely review for accuracy, analysis of policy terms,
coverage, and processing endorsements or changes in a timely manner;
o. Schedule interviews with most qualified insurance carriers. Arrange for participation by
appropriate City representatives in the interview process.
p. Provide City with binders, billings and insurance policies in a timely manner;
q. Provide an annual schedule of insurance by coverage, including insurer, policy number, limits
of coverage, sub-limits, conditions of coverage, duties of the insured, premium, and a brief
description of each coverage;
r.
Be an effective advocate for the City in processing claims (e.g. assist the City in working and
negotiating with insurance companies for broad interpretations of coverage, mediation of
disputes, etc.);
s. Provide verifications of insurance coverage, as needed (e.g. Certificates of Insurance); and,
t.
Aid in the form of advisory services or written reports as is customarily expected from an
insurance broker.
u. Thoroughly educate contractors on all aspects of their participation in the OCIP, providing
assistance in preparing forms and complying with OCIP responsibilities and requirements.
3.
OWNER CONTROLLED INSURANCE PROGRAM (OCIP)
Project Background
Bureau of Environmental Services (BES) has a need for insurance brokerage and administrative services
for an Owner Controlled Insurance Program (OCIP) for BES’s Capital Improvement Projects (CIP’s) and
Portland Water Bureau’s Bull Run Filtration Plant Project.
BES entered into an OCIP in 1996 and has been conducting OCIP’s on its Sewerage System Infrastructure
Capital Improve Projects and Water Bureau Reservoir Projects: Powell Butte, Kelly Butte and Washington
Park. The OCIP’s were broken into 5-year Phases and Phase V is expected to be competed in August
2020. Recently, BES conducted a Pro-forma and Feasibility Analysis for OCIP Phase VI which will include
sewerage system infrastructure, treatment plant, pump station capital improvement construction and the
construction of the Bull Run Filtration Treatment Plant. OCIP Phase VI will begin July1, 2020 through June
30, 2027 with an estimated construction value of 1.5 billion dollars. It is anticipated the OCIP will include:
workers’ compensation, general liability, excess liability, builder’s risk and other specialty coverages as
need. Anticipated OCIP services will include, but not limited to: insurance and brokerage services, program
administration and enrollment, claims management monitoring, safety and loss prevention, risk
management information system and program close out. If the Broker of Record selected by Risk
Management for Insurance Brokerage Services is also selected to provide OCIP Brokerage and Insurance
Services, specific OCIP services will be identified, contract and fees will be negotiated. Examples of
potential services are outlined in A. below.
Proposers, if intending to bid on services related to the OCIP program, should provide information in their
response to Section 8.b PROJECT TEAM regarding the account managers and other staff members
assigned to work on the project, including their present employment status, or other activities on another
project presently under contract by the firm. If any key personnel are presently assigned on a project,
proposers should offer insight as to when they would be available for the City’s contract.
A.
Anticipated Services for the OCIP
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124937 INSURANCE BROKERAGE SERVICES RFP draft 120219tg
Address specific insurance and risk management issues as needed, including but not limited to:
a. Provide assistance with loss modeling, coverage scenario development and assessing potential
frequency and severity of loss exposures;
b. Provide general insurance, risk management and loss prevention consulting;
c. Research and access to resources and experts related to developments in coverage, risk financing
and transfer, emerging exposures, information systems, loss prevention and risk analysis, and
safety management and program development;
d. Assist in the timely reporting and settlement of claims;
e. Provide estimates and projections of future premiums for budgeting;
f.
Provide analysis and make recommendations for retention and/or transfer of risk;
g. Assist in review and analysis of contract, agreement and recommend contract clauses, insurance
types and limits to address exposures and protect the City’s interests (e.g. special events,
railroad, neighborhood associations, construction projects, permits, leases, etc.)
h. Provide updates on related federal and state legislation that may impact the City; and, research,
prepare and present educational and training presentations or sessions on relevant insurance,
safety and risk management related topics.
i.
Assure that the OCIP complies with all relevant laws and regulations.
j.
Determine eligibility for, enroll, and establish close out procedures for all construction contractors
in the OCIP.
k. Prepare and distribute to all contractors and subcontractors an OCIP manual that provides
information about the program, including enrollment, safety program, claims reporting, and
statistical recordkeeping and other requirements.
l.
Attend pre-bid and pre-construction conferences to explain the program and answer questions.
m. Ensure timely and accurate enrollment of all parties to be insured by the OCIP.
n. Review and analyze bid documents to ensure all necessary OCIP provisions have been
incorporated, identify project loss exposures and recommend appropriate measures for treating
each identified loss exposure.
o. Screen contractor proposals by comparing contractor’s cost proposals with and without insurance
to determine whether or not the cost of insurance has been fully removed from the proposal and
the impact of the individual contractor’s loss experience on the cost. Report findings to BES’s Risk
Services Manager.
p. Verify compliance by contractors and all other parties including consultants and other non-enrolled
entities with insurance requirements for exposures outside the OCIP (e.g., automobile liability, off-
site workers compensation and general liability, etc.).
q.
Meet monthly with BES’s Risk Services Manager to discuss insurance issues, claims, loss trends
and other matters affecting the OCIP.
r.
Assist Bureaus in coordinating claims with existing City insurance programs (i.e., City’s self-insured
fund) that dovetail with the OCIP.
s.
Attend and actively participate in periodic meetings with Bureau staff and representatives
concerning the status of the OCIP.
t.
Prepare an annual report for the OCIP and provide to BES’s Risk Services Manager, summarizing
the services provided (e.g., policies, premiums, fee/commissions, profits, benefits, allowances,
earnings, either corporate or by subsidies resulting from their placements on the City’s behalf). This
report should include observations and recommendations on new developments and insurance
marketplace and any other reports the City may have requested from time to time.
u.
If necessary, assume OCIP administration and program close-out on existing open projects on
Phases IV and V.
v.
At program/project end, prepare a closeout report documenting savings and successes of the
OCIP. In addition to the report, the consultant shall perform the following:
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124937 INSURANCE BROKERAGE SERVICES RFP draft 120219tg
i.
Obtain final payroll information
ii.
Assist in resolving all outstanding claims
iii.
Audit any dividend or retro calculation and prepare a report
iv.
Assist in any negotiations with insurers regarding reserves and dividend/retro adjustments.
v.
Assist in collection of return premiums or dividends due the OCIP from insurers.
vi.
Collect cash collateral from insurers.
vii.
Provide financial analysis of actual OCIP costs.
The additional OCIP Services are to be priced separately from the services listed under Core Broker
Services and Premium Broker Services. Proposer shall include the team’s qualifications to provide
these OCIP services. Should the City opt to include OCIP services in the awarded contract for Broker
Services and Premium Broker Services, the City reserves the right to negotiate the proposed cost
and scope with the awarded proposer to best meet the needs of the program and the City.
4.
WORK PERFORMED BY THE CITY
The City has assigned the Insurance and Loss Prevention Manager as the project manager to oversee the
successful Proposer(s) work and provide support as needed. Risk Management shall make available
sufficient time of management and staff personnel to meet with the broker, communicate by telephone, e-
mail or other means to provide information needed to address the City’s insurance and risk management
needs.
5.
DELIVERABLES AND SCHEDULE
Deliverables shall be considered those tangible resulting work products that are to be delivered to the
City such as reports, draft documents, data, interim findings, schematics, training, meeting
presentations, and reports. The successful Proposer is encouraged to provide any deliverables in
accordance with the City’s Sustainable Paper Use Policy.
Deliverables and schedule for this project shall include:
1. Timely, organized, complete, and accurate performance of contractual obligations as described in
the Statement of Work: Core Services, and Performance Requirements. This shall include but is
not limited to:
a. 24-hour confirmation on city’s e-mail, letters, telephone or fax requests;
b. 30-day response on policy change requests;
c. Monthly meetings with City Risk Management team on open items;
d. Interim Annual Insurance and Risk Management Report delivered to City Risk
Management by September 1st of each year with a final report December 1st of each
year;
e. Agreed upon dates/times and completion of major projects including other dates/times as
outlined in this RFP and agreed upon;
f.
Submit a Monthly Subconsultant Payment and Utilization Report by the 15th of each
month with invoice.
6.
PLACE OF PERFORMANCE
Contract performance will take place primarily at the successful Proposer’s facility. On occasion
and as appropriate, work will be performed at City facilities, a third-party location, or any
combination thereof.
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124937 INSURANCE BROKERAGE SERVICES RFP draft 120219tg
EXHIBIT 1.A
Summary of Coverages
Line of Coverage
Carrier
Renewal
Date
Property
Factory Mutual
7/1
$500M LOL
(FM Global)
$2.2B TIV
Deductibles:
$100,000 direct damage perils;
Flood: $100K, $250K or $500K – per specific
locations;
EQ: 3% of value per location, $100K minimum
Fine Arts
Travelers Property
Casualty Insurance
Company of
America
7/1
$10M LOL
Deductibles:
$1,000 except $2,500 VMM;
$5,000 electrical & mechanical breakdown
Excess Workers’ Compensation
$1M
Safety National
Casualty
Corporation
7/1
SIR: $850K
Crime
Travelers Casualty
and Surety
Company
7/1
$1,000,000 Employee Dishonesty, forgery /
alteration, computer crime, funds transfer fraud;
$100,000 computer crime
Deductibles: varying
Pioneer Garage General Liability
Ohio Security
Insurance
Company (Liberty
Mutual)
7/1
$1M occ / $2M agg
Auto
renewal
Pioneer Garage Excess Liability
Ohio Casualty
Insurance
Company (Liberty
Mutual)
7/1
$4M occ / $4M agg
Auto
renewal
Portland Int’l Raceway (PIR) - General Liability
National Casualty
Company
11/2
$1M occurrence
PIR - Excess Liability
11/2
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124937 INSURANCE BROKERAGE SERVICES RFP draft 120219tg
$1M occurrence
National Casualty
Company
PIR – Accidental Death & Dismemberment
New York Marine &
General Ins. Co.
2/1
General Liability
Safety National
Casualty Company
11/12
$2M; $1M SIR
Commercial Automobile Liability
Safety National
Casualty Company
11/12
$2M; $1M SIR
Law Enforcement Liability
Safety Specialty
Ins. Co
11/12
$2M; $2.5M SIR
Public Officials & Employment Practices Liability
Safety Specialty
Ins. Co.
11/12
$2M; $1M SIR
Excess Liability
Safety National
Casualty Company
11/12
$8M excess of underlying policies: GL, Auto, Law
Enforcement and Public Officials & Employer’s
Liability
Fire Boats - Hull and Machinery Protection and
Indemnity
AGCS Marine
Insurance
Company
12/15
$11.3M Hull
$1M P&I
Fire Boats - Excess Protection & Liability
Navigators Ins. Co.
12/15
$2M Excess of $1M
Fire Boats – Pollution Liability
Safe Harbor
Pollution Insurance
12/15
$1M occurrence per vessel
Miscellaneous Property (Inland Marine) – TRAM
Hartford Fire
Insurance
Company
7/1
$60,860,2063 Stations, Tower, rolling stock;
$338,130 storage locations
$10M earthquake
$10M flood
Deductibles:
$100,000 except $250,000 earthquake & flood;
$61,198,336 Equipment breakdown
Deductible: $100,000
National Flood Insurance Program – Fire Station
at SE Madison
Selective Ins. Co of
the Southeast
12/14
$250,000 building
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124937 INSURANCE BROKERAGE SERVICES RFP draft 120219tg
$57,600 contents
Deductible $5,000
Builders’ Risk - Portland Building
Lexington
Insurance
Company
12/7
$176M
Deductible: $50K
Aviation – Police Bureau
Westchester Fire
Insurance
Company
7/1
$5M Liability
$1,450,300 Hull and Equipment
Deductible: NIL
Terrorism – Property
Lloyds of London
7/1
$100,000,000
Deductible: $100,000
Accidental Death & Dismemberment – Cadet
programs (Fire and Police Bureau’s)
Hartford Life &
Accident Insurance
Co.
8/22
$3K Death;
$15K Dismemberment;
$10K Medical Expense
Cyber Liability
Illinois Union
Insurance
Company
7/16
$15M
Retention $500K
Tenant Liability Insurance Program (TULIP) –
Special Event Liability Insurance
Atlantic Specialty
Insurance
1/1
General Liability and Liquor Liability
$1M Liability occ / agg
TULIP – Special Event Liability Insurance
Atlantic Specialty
Insurance
1/1
3rd Party Property Damage
$1M
Deductible $1K
Portland Housing Bureau - separate placement
Pollution Liability – Fairfield Apartment
Ironshore Specialty
Ins Co
7/1
$3M Agg
General Liability – Fairfield Apartments
James River
Insurance
Company
3/1
$1M occ / $2M agg
Excess Liability – Fairfield Apartments
3/1
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124937 INSURANCE BROKERAGE SERVICES RFP draft 120219tg
$4M occ / agg
James River
Insurance
Company
Property – Fairfield Apartments
Seneca Specialty
Insurance Program
3/1
$4,217,850 Building
$25,750 Contents
$667,866 Rental Income
Deductibles:
$25,000 per occurrence except; EQ or volcanic
eruption: 3%, $50K minimum
Affordable Housing Risk Pool
The Princeton
Excess & Surplus
Lines Ins. Co.
7/1
General Liability
$2M
Excess Liability
$3M
Property
$65,190,307 – Structures
$2,369,711 – Contents
$5,547,963 – Rental Income
Deductible: $2,500
EXHIBIT 2
MWESB PARTICIPATION DISCLOSURE FORM 1
The City’s disclosure program is used to document the utilization of Oregon certified Minority, Women
and Emerging Small Businesses (M/W/ESBs) on City projects.
This Request for Proposal (RFP) requires submission by the Proposer of the City’s M/W/ESB
Participation Disclosure Form 1. Proposers must disclose the following information with their proposal
response:
1)
Contact information and Employer Identification Number (EIN or FED ID#) for all contract
participants
2)
State of Oregon M/W/ESB designation. (Verify current certification status with the Office
of
Minority,
Women,
and
Emerging
Small
Business
at
http://egov.oregon.gov/DCBS/OMWESB/index.shtml)
3)
The proposed scope or category of work that the Proposer and any subcontractors will
be performing
4)
The dollar amount of the Proposer’s self-performing work and of all subcontractors’
contract(s)
5)
Percentage of total contract amount allocated to Oregon certified M/W/ESB participation
Report all amounts in United States Dollars (USD). The use of ‘TBD’, ‘N/A’, or similar symbols is not
acceptable. All requested information must be provided.
If the Proposer will not be using any subcontractors, the Proposer is still required to enter its own
information in the appropriate section and to indicate “NONE” in the subcontractor section of the
accompanying form and submit the form with its proposal.
FAILURE TO SUBMIT THE City’s M/W/ESB PARTICIPATION DISCLOSURE FORM 1 WITH THE PROPOSAL
MAY RESULT IN THE PROPOSAL BEING FOUND NON-RESPONSIVE AND REJECTED FROM
CONSIDERATION
EXHIBIT 2
CITY OF PORTLAND
M/W/ESB PARTICIPATION DISCLOSURE FORM 1
This Request for Proposal requires submission by the Proposer of the following information and presented on this
M/W/ESB PARTICIPATION DISCLOSURE FORM 1. Proposers must disclose the following information:
Please print all information clearly.
Proposer Name: ____
___________
Proposer’s Total Cost: $____ ___________
Project Name: _____
_____ __________ RFP Number:
_____
Contact Name: __________________________Phone: ____________ Email: ________________________
Percentage
of
total
contract
amount
allocated to Oregon certified M/W/ESB
participation
(Proposer & subcontractors
added together)
%
PROPOSER INFORMATION
(Please Print)
M/W/ESB
SCOPE / TYPE
OF WORK
SELF-
PERFORMING
AMOUNT
Firm Legal Name:
Email:
Phone #:
Fax#:
FED ID OR EIN # (No SS#):
$
SUBCONTRACTOR INFORMATION
(Please Print)
M/W/ESB
SCOPE / TYPE
OF WORK
SUBCONTRACT
AMOUNT
Firm Legal Name:
Email:
Phone #:
Fax#:
FED ID OR EIN # (No SS#):
$
Firm Legal Name:
Email:
Phone #:
Fax#:
FED ID OR EIN # (No SS#):
$
Firm Legal Name:
Email:
Phone #:
Fax#:
FED ID OR EIN # (No SS#):
$
NOTE:
1)
The Proposer and all subcontractors must be listed on this form. Leave M/W/ESB column blank if firm is not confirmed
as currently certified through the State of Oregon Office of Minority, Women, and Emerging Small Business:
http://egov.oregon.gov/DCBS/OMWESB/index.shtml .
2)
If the Proposer will not be using any subcontractors, please indicate “NONE” in the Subcontractor Information section of
this form.
3) Do not enter Social Security numbers on this form.
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CITY OF PORTLAND
CONTRACT FOR SERVICES
for
INSURANCE BROKERAGE SERVICES
Contract Number: 3000####
As authorized by _____, this Contract is made effective on ___________ (“Effective Date”) by and
between the City of Portland (“City”), a municipal corporation of the State of Oregon, and
_____________ (“Contractor”), a(n) ________ corporation, by and through their duly authorized
representatives. This Contract may refer to the City and Contractor individually as a “Party” or jointly as
the “Parties.”
The initial Term of this Contract shall be from the Effective Date through __________, with the City’s
option to extend for an additional _______ years, for a total not to exceed ___ years. The total not-to-
exceed amount under this Contract for the initial Term shall be $_______________.
Party contacts and Contractor’s and City’s Project Manager for this Contract are:
For City of Portland:
For Contractor:
Name:
Name:
Title:
Title:
Address:
Address:
City, State:
City, State:
e-mail:
e-mail:
Copy to: (BUYER)
Copy to:
Procurement Services
1120 SW 5th Ave.
Portland OR 97204
Scope and Consideration
(a)
Contractor shall perform the Services and provide the Deliverables set forth in the Statement of
Work by the due dates specified in the Contract.
(b) City agrees to pay Contractor a sum not to exceed $_________ for accomplishment of the Project.
(c) Payments shall be made to Contractor according to the schedule identified in Exhibit A, the
Contractor’s Price.
EXHIBIT 3
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Recitals:
WHEREAS, to further its government operations, the City of Portland desires to ________ (the
“Project”); and
WHEREAS, the City issued Request for Proposal (RFP) ________ for ________
WHEREAS, Contractor, in its Proposal dated ________ and submitted in response to the City’s RFP
represented that it has the knowledge, experience, and expertise in ________ for ________; and
WHEREAS, the City selected Contractor based on its Proposal;
THE PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1 DEFINITIONS (10/19)
General Definitions. (11/18) These definitions apply to the entire Contract, subsequent Amendments,
and any Change Orders or Task Orders, unless modified in an Amendment. If any definition contains a
substantive provision conferring rights and/or obligations upon a Party, then effect shall be given to the
substantive provision.
“Acceptance” (10/19) means the Deliverable demonstrates to the City’s satisfaction that the Deliverable
conforms to and operates according to the Acceptance Criteria, and if required, has successfully
completed Acceptance review, and for Deliverables not requiring Acceptance Testing that the
Deliverable conforms to the Acceptance Criteria or the City’s Specifications.
“Acceptance Certificate” (11/18) means a written instrument by which the City notifies Contractor that a
Deliverable has been Accepted or Accepted with exceptions, and Acceptance Criteria have been met or
waived, in whole or in part.
“Acceptance Criteria” (11/18) means functionality and performance requirements determined by the
City, based upon the Specifications, which must be satisfied prior to City’s Acceptance of a Deliverable.
City and Contractor shall agree upon written Acceptance Criteria.
“Acceptance Date” (11/18) means the date on which the City issues an Acceptance Certificate for the
Deliverable(s).
“Affiliates” (11/18) means, for Contractor, any individual, association, partnership, corporation or other
entity controlling, controlled by, or under common control. The term “control” means the power to
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direct or cause the direction of the management and policies of an individual or entity, whether through
the ownership of voting securities, by contract, agreement or otherwise.
“Amendment” (12/18) means a written document required to be signed by both Parties when in any way
altering the Master Terms and Conditions of the Contract, Contract amount, or substantially altering a
Statement of Work.
“Business Day” (11/18) means a twenty-four hour day, excluding weekends and City holidays,
beginning at midnight and ending at midnight twenty-four hours later.
“Calendar Day” (11/18) means a twenty-four hour day, including weekdays, weekends and holidays,
beginning at midnight and ending at midnight twenty-four hours later.
“Change Order” (12/18) means a document, agreed and signed by both Parties, that changes an existing
Statement of Work or Task Order. Change Orders cannot change Contract amount or Master Terms and
Conditions.
“Confidential Information” (08/19) means any information that is disclosed in written, graphic or
machine-recognizable form and is marked or labeled at the time of disclosure as being Confidential or
its equivalent, or, if the information is in verbal or visual form, it is identified as Confidential or
proprietary at the time of disclosure, or a reasonable time thereafter. Information shall always be
considered Confidential Information, whether or not it is marked or identified as such, if it is described
by one or more of the following categories: (1) non-public financial, statistical, personnel, human
resources data or Personally Identifiable Information as described in the Oregon Consumer Identity
Theft Protection Act; (2) business plans, negotiations, or strategies; (3) unannounced pending or future
products, services, designs, projects or internal public relations information; (4) trade secrets, as such
term is defined by ORS 192.345(2) and the Uniform Trade Secrets Act ORS 646.461 to 646.475; (5)
information which is exempt from disclosure per Oregon Public Records Law; (6) attorney/client
privileged communications; (7) information which is exempt per federal laws (including but not limited
to copyright, HIPPA); and (8) information relating to or embodied by designs, plans, configurations,
specifications, programs, or systems including without limitation, data and information systems, any
software code and related materials and processes, Customizations, Configurations, Updates, Upgrades;
and any Documentation. Confidential Information does not include any information that: is or becomes
publicly known through no wrongful or negligent act of the receiving Party; is already lawfully known
to the receiving Party without restriction when it is disclosed; is, or subsequently becomes, rightfully
and without breach of this Contract or any other agreement between the Parties or of any applicable
protective or similar order, in the receiving Party’s possession without any obligation restricting
disclosure; is independently developed by the receiving Party, as shown by reasonable written
documentation, without breach of this Contract; or is explicitly approved for release by written
authorization of the disclosing Party.
“Contract” (11/18) means the Master Terms and Conditions including all exhibits, attachments and
schedules and their constituent parts listed in the Order of Precedence or incorporated by reference.
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“Contract Price” (10/19) means the not-to-exceed price agreed upon by the Parties for all Services.
“Deliverable(s)” (11/18) means the Services, Documentation or documents or tangible work products
described in the Statement of Work to be provided to the City by Contractor under this Contract.
“Documentation” ( 10/19) means user manuals and other written materials in any form that describe the
features or functions of the Deliverables and Services, including but not limited to published
specifications, online instructions and help, marketing materials, technical manuals, and operating
instructions provided by Contractor to the City, or readily available to the public, or as required to be
produced by Contractor subject to the terms of this Contract.
“Defect” (10/19) means any error, problem, condition, bug, or other partial or complete inability of a
Service, Deliverable or component thereof, to operate in accordance with the applicable Specifications.
“Final Acceptance” (11/18) means the City has determined that all Deliverables have successfully
completed Acceptance Testing, which demonstrates to the City’s satisfaction that all Deliverables
conform to and operate according to the Acceptance Criteria, applicable Documentation, and
Contractor’s representations; and that for Deliverables not requiring Acceptance Testing, that the
Deliverables conform to the Acceptance Criteria or the City’s specified requirements.
“Force Majeure Event” (11/18) means an exceptional and unavoidable occurrence beyond the
reasonable control of the affected Party, such as, riots, epidemics, war, government regulations, labor
disputes, fire, natural phenomena, or other causes beyond such Party’s reasonable control.
“Intellectual Property Rights (IPR)” (11/18) means any patent rights, copyrights, trade secrets, trade
names, service marks, trademarks, trade dress, moral rights, know-how and any other similar rights or
intangible assets to which rights of ownership accrue, and all registrations, applications, disclosures,
renewals, extensions, continuations, or reissues of the foregoing now or hereafter in force.
“Key Personnel” (11/18) means the specific individuals identified in Section 3.11 to fill Key Positions.
“Key Position” (11/18) means a job position critical to the success of the Project as identified in Section
3.11 of this Contract.
“Master Terms and Conditions” (11/18) means the body of text from the preamble through the signature
page of this Contract.
“Material Breach” (11/18) means any breach of this Contract that causes, caused, or may cause
substantial harm to the non-breaching Party or substantially deprives the non-breaching Party of the
benefit it reasonably expected under this Contract.
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“Personally Identifiable Information (PII)” (11/18) means information that can be used on its own or
with other information to identify, contact, or locate a single person, or to identify an individual in
context, as described in the Oregon Consumer Identity Theft Protection Act.
“Project” (10/19) means the overall delivery of the Services including, without limitation, design,
development, integration, implementation, testing, support, and any Deliverables any of which
Contractor may be providing in whole or in part.
“Proposal” (10/19) means Contractor’s response to the City’s RFP referenced on page one of this
Contract.
“Services” (10/19) means ordinary or professional services performed by Contractor under this Contract.
“Specifications” (10/19) means the most current cumulative statement of capabilities, functionality, and
performance requirements for the System and its components as set out in the Acceptance Criteria,
Change Orders, the Statement of Work, Documentation, Contractor’s representations, Contractor’s
Proposal and Proposal Clarifications, and the City’s Request for Proposals.
“Statement of Work” (SOW) (10/19) means the written detailed specifications of the Services(s) to be
delivered to the City by Contractor, including any Change Orders or Task Orders subject to the terms
and conditions of this Contract.
“Subcontractor” (11/18) means any person or entity under the control of Contractor, other than an
employee of Contractor, utilized by Contractor to perform all or part of this Contract.
“Task Order” (10/19) means any written request or document issued by the City and signed by both
Parties for additional Service(s) to be provided under this Contract. Task Orders shall document the
description of Services, price, payment schedule, Project and performance schedule, due dates,
milestones and Deliverables.
“Term” (11/18) means the period of time that this Contract is in effect as stated on page one.
SECTION 2 ORDER OF PRECEDENCE
2.1
Order of Precedence. (09/17) In the event there is a conflict or ambiguity between the terms and
conditions of one portion of this Contract with another portion of this Contract, the conflict or
ambiguity will be resolved in accordance with the order of precedence below. This order of
precedence designates which portion of the Contract takes precedence over the other for purposes
of interpretation. Contractor’s hyperlinks contained herein will not supersede or alter the Master
Terms and Conditions. For the avoidance of doubt, no other terms and conditions will override
the Parties’ obligations in the Confidentiality, Indemnification, or Choice of Law provisions in
these Master Terms and Conditions. In this Contract the order of precedence shall be:
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1. Amendments
2. Master Terms and Conditions
3. Exhibit A, Contractor’s Price
4. Change Orders
5. Exhibit B, Statement of Work
6. Exhibit C_, City RFP/RFQ No. ________
7. Exhibit D_, Contractor’s Proposal
SECTION 3 GENERAL AND ADMINISTRATIVE PROVISIONS
3.1
Term. (09/17) This Contract shall begin on the Effective Date and end upon the expiration date set
forth on page one of this Contract unless terminated or extended under the applicable Contract
provisions.
3.2
Point of Contact. (09/17) Contractor shall be the sole point of contact for the City with regard to
this Contract and the System.
3.2.1 Written Notifications. (10/18) All notices to, and other written communication between the
Parties shall be deemed received five (5) Business Days after being sent by first class mail, or
upon receipt when sent by courier services, or by e-mail. All notices and written
communications shall be sent to the Parties set forth on page 1 of the Contract, or to such
other places as they may designate by like notice from time to time. Each Party shall provide
written notice of any changes to the Party’s contacts within thirty (30) Calendar Days.
3.3
Changes to Contract.
3.3.1 Amendment of the Contract. (06/19) Any changes to the provisions of this Contract shall be
in the form of an Amendment. No provision of this Contract may be amended unless such
Amendment is approved as to form by the City Attorney and executed in writing by
authorized representatives of the Parties. If the requirements for Amendment of this Contract
as described in this section are not satisfied in full, then such Amendments automatically will
be deemed null, void, invalid, non-binding, and of no legal force or effect. The City reserves
the right to make administrative changes to the Contract unilaterally, such as extending
option years and increasing compensation. An administrative change means a written
Contract change that does not affect the substantive rights of the Parties.
3.3.2 Change Orders to a Statement of Work. (12/18) The City and Contractor can agree to make
changes, at any time to a Statement of Work or Task Order in the form of a Change Order.
Contractor agrees to timely alter the delivery of Products or Services accordingly. If such
changes materially increase or decrease Contractor’s obligations, the Parties shall execute an
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Amendment to the Contract, and if the amount of such adjustment is not calculable as a
function of hours or tasks, the Parties shall negotiate in good faith a modified amount.
3.4
Time is of the Essence. (06/19) The Parties agree that time is of the essence as to the
delivery of Deliverables and performance of Services under this Contract. By executing this Contract
and accepting the Statement of Work, Contractor agrees that the time limits specified in the
Statement of Work are reasonable. By accepting late or otherwise inadequate performance of
Contractor’s obligations, the City will not waive its rights to require timely performance of
Contractor’s obligations thereafter.
3.4.1 Late Delivery. (10/19) In the event that any specified delivery date is not met, Contractor
shall be liable for any loss, expense, or damage resulting from delay in delivery or failure to
deliver Deliverables or provide Services which is due to any cause except as set forth in
Force Majeure. In the event of delay due to any such cause, the City may obtain substitute
Services from another source and bill all additional costs directly to Contractor who shall
remain financially liable for all additional acquisition costs.
3.4.2 Best Efforts. (10/19) Contractor shall use best efforts to minimize any delay in the provision
of Deliverables or performance of Services. If Contractor anticipates any delay that may
prevent timely performance of Contractor’s obligations under this Contract, Contractor shall
promptly notify the City, including the anticipated length of the delay, the cause of the delay,
measures proposed or taken to prevent or minimize the delay, and the timetable for
implementation of such measures.
3.5
City Reporting Requirements. (12/18) The City is required to track certain types of contract data
for reporting purposes. Items which the City must report on may include, but are not limited to,
Subcontractor utilization, Minority, Women, Emerging Small Business, Service-Disabled Veteran
Business Enterprise (D/M/W/ESB/SDVBE) participation and Subcontractor/Supplier Payment.
The City will enforce all diversity in workforce and D/M/W/ESB/SDVBE subcontracting
commitments made by Contractor in its Proposal/Quote.
3.6
Payment. (09/17) Payment(s) shall be in accordance with the payment schedule set forth in Exhibit
A: Contractor’s Price.
3.6.1 Payment shall be issued by the City net thirty (30) Calendar Days from receipt of a complete
and acceptable invoice from Contractor. Contractor invoices must contain Contractor’s name
and address; invoice number; date of invoice; Contract number and date; description of
Products and/or Services; quantity, unit price, (where appropriate), and total amount; City-
required reporting, if any, and the title and phone number of the person to whom payment is
to be sent. The City may stipulate how line items are entered on an invoice to ensure
compatibility with the City’s accounting and financial systems and to facilitate payment to
Contractor.
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3.6.2 The City makes payments via electronic fund transfers through the Automated Clearing
House (ACH) network. To initiate payment of invoices, Contractor shall execute the City’s
standard ACH Vendor Payment Authorization Agreement. Upon verification of the data
provided, the ACH Vendor Payment Authorization Agreement will authorize the City to
deposit payment directly into specified Contractor accounts with specified financial
institutions. All payments shall be made in United States currency.
3.7
Payment of Taxes/Contractor Shall Withhold. (09/17) Contractor shall, at its own expense, timely
(a) pay all salaries, wages, and other compensation to its employees; (b) withhold, collect, and pay
all applicable federal, state, and local income taxes (domestic or foreign), FICA, Medicare,
unemployment insurance and any other taxes or charges in connection with its employees; and (c)
provide and pay for workers compensation insurance and any statutory or fringe benefits to
employees. Contractor shall be solely responsible for all such obligations for its employees.
Contractor shall also ensure that any Subcontractor shall comply with the foregoing obligations for
its employees. The City shall have no duty to pay or withhold such obligations.
3.8
Records and Audits (06/19)
3.8.1 Records Retention. (06/19) Contractor shall maintain current financial records in accordance
with Generally Accepted Accounting Principles (GAAP). Contractor agrees to maintain and
retain and retain all financial records, supporting documents, statistical records and all other
records pertinent to this Contract during the term of this Contract and for a minimum of six
(6) years after the expiration or termination date of this Contract or until the resolution of all
audit questions or claims, whichever is longer.
3.8.2 City Audits. (06/19) The City, either directly or through a designated representative, may
conduct financial and performance audits of the billings and Products or Services at any time
in the course of the Contract and during the records retention period listed above. Audits
shall be conducted in accordance with generally accepted auditing standards as promulgated
in Government Auditing Standards by the Comptroller General of the United States
Government Accountability Office.
3.8.3 Access to Records. (06/19) The City may examine, audit and copy Contractor’s books,
documents, papers, and records relating to this Contract at any time during the records
retention period listed above upon reasonable notice. Copies of applicable records shall be
made available upon request.
3.9
Overpayment. (09/17) If an audit discloses that payments to Contractor were in excess of the
amount to which Contractor was entitled, then Contractor shall repay the amount of the excess to
the City. Under no circumstances will the payment of previous invoices constitute an acceptance
of the charges associated with those invoices.
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3.10 Independent Contractor. (09/17) Contractor is independent of the City and, accordingly, this
Contract is not entered into as a joint venture, partnership, or agency between the Parties. No
employment or agency relationship is or is intended to be created between the City and any
individual representing Contractor. Employees of Contractor and any authorized Subcontractors
shall perform their work under this Contract under Contractor's sole control.
3.11 Personnel.
3.11.1 Key Positions and Personnel. (09/17) For the period of performance until Final Acceptance
has been completed, the Parties have identified Key Positions and Key Personnel as set forth
in the table below, along with the percentage of their time to be allocated to the City’s
Project:
Name
Title/Role
% of Time
Company
3.11.2 Substitution of Key Personnel. (09/17) Contractor shall make no substitutions of Key
Personnel unless the substitution is necessitated by law, illness, death, resignation, or
termination of employment. Contractor shall notify the City within ten (10) Calendar Days
after the occurrence of any of these events.
Any substitutions or replacements of Key Personnel require the written approval of the City.
Contractor shall provide the City with the maximum possible period of notice of substitution
or replacement of Key Personnel in order to allow for background screening, fingerprint
checks, and other investigation as may be required in Section 3.11.3.
For any proposed substitute or replacement Key Personnel, Contractor shall provide the
following information to the City: a detailed explanation of the circumstances necessitating
the proposed substitution or replacement, a complete resume for the proposed substitute(s),
and any additional information requested by the City. Proposed substitutes or replacements
should have qualifications comparable to or better than those of the persons being replaced.
No change in Contract prices may occur as a result of substitution or replacement of Key
Personnel.
3.11.3 Security Requirements for Personnel. (09/17) If required by the City, Contractor shall conduct
a criminal history/records check of all personnel that will have access to City information,
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systems, or payments and ensure ongoing security requirements for personnel are
maintained.
3.12 Termination. (06/19) The following conditions apply to termination of this Contract. The City, on
thirty (30) Calendar Days’ written notice to Contractor, may terminate this Contract for any reason
in the City’s sole discretion. In the event of such termination, the City shall pay to Contractor the
portion of the not-to-exceed price attributable to all Deliverables Accepted or Services performed
and Accepted through the effective date of the termination. In the event of termination all of
Contractor's Work Product to date shall be delivered to the City, and it will become and remain
property of the City.
3.13 Mutual Agreement. (09/17) The City and Contractor, by mutual written agreement, may terminate
this Contract at any time.
3.14 Material Breach. (09/17) Either Party may terminate this Contract in the event of a Material
Breach of this Contract by the other. Prior to such termination, however, the Party seeking the
termination shall give to the other Party written notice to cure the Material Breach and of the
Party's intent to terminate. If the Party has not entirely cured the Material Breach within thirty
(30) Calendar Days of the notice, then the Party giving the notice shall have the option to: (a)
terminate this Contract by giving a written notice of termination, (b) seek any remedies in this
Contract, in law, or at equity, to the extent not otherwise limited by the terms of this Contract, or
(c) any combination thereof.
3.15 Force Majeure. (09/17) Either Party may terminate this Contract due to a Force Majeure event as
set forth in Section 5.12, Force Majeure.
3.16 Bankruptcy. (09/17) The City may terminate this Contract if Contractor: (a) becomes insolvent,
makes a general assignment for the benefit of creditors; (b) suffers or permits the appointment of a
receiver for its business or assets; (c) becomes subject to any proceeding under any bankruptcy or
insolvency law whether domestic or foreign, and such proceeding has not been dismissed within a
sixty (60) Calendar Day period; or (d) has wound up or liquidated, voluntarily or otherwise.
3.17 Void Assignment. (09/17) In the event that Contractor assigns its obligations under this Contract
to a third party in a manner other than as set forth in Section 5.7, Assignment, the City shall have
the option to terminate this Contract without any notice or cure period or further obligation to
Contractor or the assignee, and promptly receive a refund for fees paid for Products delivered
and/or Services performed by the third party.
3.18 Waiver. (09/17) No waiver of any breach of this Contract shall be held to be a waiver of any other
or subsequent breach of this Contract. The failure of either Party to insist upon any of its rights
under this Contract upon one or more occasions, or to exercise any of its rights, shall not be
deemed a waiver of such rights on any subsequent occasions.
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3.19 Severability. (09/17) Any section of this Contract which is held or declared void, invalid, illegal or
otherwise not fully enforceable shall not affect any other provision of this Contract and the
remainder of this Contract shall continue to be binding and of full force and effect. This Contract
shall be binding upon and inure to the benefit of the City and its successors and assigns.
3.20 Business Tax Registration. (09/17) Contractor shall register for a City of Portland business license
as required by Chapter 7.02 of the Code of the City of Portland prior to execution of this Contract.
Additionally, Contractor shall pay all fees or taxes due under the Business License Law and the
Multnomah County Business Income Tax (MCC Chapter 12) during the full term of this Contract.
Failure to be in compliance may result in payments due under this Contract to be withheld to
satisfy amount due under the Business License Law and the Multnomah County Business Income
Tax Law.
3.21 EEO Certification. (09/17) Contractor shall be certified as an Equal Employment Opportunity
Affirmative Action Employer as prescribed by Chapter 5.33.076 of the Code of the City of
Portland and maintain its certification throughout the term of this Contract.
3.22 Non-Discrimination in Benefits. (09/17) Throughout the term of this Contract, Contractor shall
provide and maintain benefits to its employees with domestic partners equivalent to those
provided to employees with spouses as prescribed by Chapter 5.33.077 of the Code of the City of
Portland.
3.23 Sustainability. (12 /18) Pursuant to the City’s Sustainable City Principles, which direct City
Bureaus to pursue long-term social equity, environmental quality, and economic vitality through
innovative and traditional mechanisms, Contractor is encouraged to incorporate these Principles
into its scope of work with the City wherever possible. Therefore, in accordance with the
Principles and the City's Sustainable Procurement Policy, it is the policy of the City of Portland to
encourage the use of Products or Services that help to minimize the human health and
environmental impacts of City operations. Contractor is encouraged to incorporate
environmentally preferable Products or Services into its work performance wherever possible.
"Environmentally preferable" means Products or Services that have a lesser or reduced effect on
human health and the environment when compared with competing products or services that serve
the same purpose. This comparison may consider raw materials acquisition, production,
manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the Product
or Service.
3.24 Packaging. (09/17) All packaging should be minimized to the maximum extent possible without
compromising product quality. The City encourages packaging that is reusable, readily recyclable
in local recycling programs, is made from recycled materials, and/or is collected by Contractor for
reuse/recycling.
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3.25 News Releases and Public Announcements. (09/17) Contractor shall not use the City seal or other
representations of the City in its external advertising, marketing, website, or other promotional
efforts, nor shall Contractor issue any news release or public announcements pertaining to this
Contract or the Project without the express written approval of the City. Such approval may be
withheld in the City’s sole discretion. Contractor shall not use the City seal without specific
written permission from the City Auditor.
3.26 Rule of Construction/Contract Elements/Headings. (09/17) This Contract has been drafted by the
City in the general format by the City as a convenience to the Parties only and shall not, by reason
of such action, be construed against the City. Section headings are for ease of reference and
convenience only and shall not affect or enter into the interpretation of any portion of this
Contract.
3.27 Survival. (09/17) All obligations relating to Confidential Information; indemnification; publicity;
representations and warranties; remedies; proprietary rights; limitation of liability; and obligations
to make payments of amounts that become due under this Contract prior to termination or
expiration shall survive the termination or expiration of this Contract and shall, to the extent
applicable, remain binding and in full force and effect for the purposes of the ongoing business
relationship by and between Contractor and the City.
3.28 Permissive Cooperative Procurement. (09/17) Pursuant to ORS 279A.215, as additional
consideration for this Contract, Contractor agrees to extend an option to purchase any Products or
Services covered under this Contract at the same prices as are specified in Exhibit A: Contractor’s
Price, and under the same terms and conditions, to all public agencies. Each public agency shall
execute its own contract with Contractor and shall have the option to negotiate its own terms and
conditions.
SECTION 4 STATUTORY REQUIREMENTS, PUBLIC RECORDS AND
CONFIDENTIALITY
4.1
Governing Law and Jurisdiction. (09/17) This Contract shall be construed according to the laws of
the State of Oregon without reference to the conflict of laws’ provisions. Any litigation between
the City and Contractor arising under this Contract or out of work performed under this Contract
shall occur, if in the state courts, in the Multnomah County Circuit Court, and if in the federal
courts, in the United States District Court for the District of Oregon.
4.2
Public Records Request. (09/17) Contractor acknowledges that the City of Portland is subject to
the Oregon Public Records Act and Federal law. Third persons may claim that the Confidential
Information Contractor submitted to the City hereunder may be, by virtue of its possession by the
City, a public record and subject to disclosure pursuant to the Oregon Public Records Act. The
City’s commitments to maintain certain information confidential under this Contract are all
subject to the constraints of Oregon and federal laws. All information submitted by Contractor is
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public record and subject to disclosure pursuant to the Oregon Public Records Act, except such
portions for which Contractor requests and meets an exemption from disclosure consistent with
federal or Oregon law. Within the limits and discretion allowed by those laws, the City will
maintain the confidentiality of information.
4.3
Public Records. (09/17) The City will retain one (1) copy of any public records for the express
purposes of complying with State of Oregon and Portland City Code public records and archiving
laws.
4.4
Confidentiality.
4.4.1 Contractor’s Confidential Information. (08/19) During the term of this Contract, Contractor
may disclose to the City, certain Contractor Confidential Information pertaining to
Contractor’s business. Contractor shall be required to mark Confidential Information
CONFIDENTIAL with a restrictive legend or similar marking. If CONFIDENTIAL is not
clearly marked, or the Contractor’s Confidential Information cannot be marked with a
restrictive legend or similar marking or is disclosed either orally or by visual presentation,
Contractor shall identify the Confidential Information as confidential at the time of disclosure
or within a reasonable time thereafter. This Contract itself shall not be considered
Confidential Information. Subject to Section 4.2, the City shall: (1) limit disclosure of
Contractor Confidential Information to those directors, employees, contractors and agents of
the City who need to know the Contractor Confidential Information in connection with the
City Project and who have been informed of confidentiality obligations at least as strict as
those contained in this Contract, and (2) exercise reasonable care to protect the
confidentiality of the Contractor Confidential Information, at least to the same degree of care
as the City employs with respect to protecting its own proprietary and confidential
information.
4.4.2 City’s Confidential Information. (08/19) Contractor shall treat as confidential any City
Confidential Information that has been made known or available to Contractor or that
Contractor has received, learned, heard or observed; or to which Contractor has had access.
Contractor shall use City Confidential Information exclusively for the City’s benefit in the
performance of this Contract. Except as may be expressly authorized in writing by the City,
in no event shall Contractor publish, use, discuss or cause or permit to be disclosed to any
other person such City Confidential Information. Contractor shall (1) limit disclosure of the
City Confidential Information to those directors, officers, employees, subcontractors and
agents of Contractor who need to know the City Confidential Information in connection with
the City Project and who have agreed in writing to confidentiality obligations at least as strict
as those contained in this Contract, (2) exercise reasonable care to protect the confidentiality
of the City Confidential Information, at least to the same degree of care as Contractor
employs with respect to protecting its own proprietary and confidential information, and (3)
return immediately to the City, upon its request, all materials containing City Confidential
Information, in whatever form, that are in Contractor's possession or custody or under its
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control. Contractor is expressly restricted from and shall not use the Intellectual Property
Rights of the City without the City’s prior written consent.
4.4.3 Scope. (09/17) This Contract shall apply to all City Confidential Information previously
received, learned, observed, known by or made available to Contractor. Contractor's
confidentiality obligations under this Contract shall survive termination or expiration of this
Contract.
4.4.4 Equitable Relief. (12/18) Contractor acknowledges that unauthorized disclosure of City
Confidential Information will result in irreparable harm to the City. In the event of a breach
or threatened breach of this Contract, the City may obtain injunctive relief prohibiting the
breach, in addition to any other appropriate legal or equitable relief. The Parties agree that,
notwithstanding any other section of this Contract, in the event of a breach or a threatened
breach of Contract terms related to Confidential Information or Intellectual Property Rights,
the non-breaching Party shall be entitled to seek equitable relief to protect its interests,
including but not limited to injunctive relief. Nothing stated herein shall be construed to
limit any other remedies available to the Parties.
4.4.5 Discovery of Documents. (06/19) In the event a court of competent jurisdiction orders the
release of Confidential Information submitted by one Party, the other Party will notify the
Party whose Confidential Information is being requested to be disclosed of the request. The
Party receiving the request shall allow the other Party to participate in the response at its own
expense. Each Party will comply with any effective court order.
SECTION 5 CONTRACTOR PERFORMANCE AND WARRANTIES
5.1
General Warranties. (09/17) Contractor makes the following warranties:
5.1.1 Capacity. (09/17) Contractor warrants it has the legal authority and capacity to enter into and
perform this Contract.
5.1.2 Authority to Conduct Business. (08/19) Contractor warrants it is lawfully organized and
constituted and duly authorized to operate and do business in all places where it shall be
required to do business under this Contract, and that it has obtained or will obtain all
necessary licenses and permits required in connection with this Contract.
5.1.3 Disclosure of Litigation. (09/17) Contractor warrants that as of the Effective Date there are
no suits, actions, other proceedings, or reasonable anticipation thereof, in any judicial or
quasi-judicial forum that will or may adversely affect Contractor’s ability to fulfill its
obligations under this Contract. Contractor further warrants that it will immediately notify
the City in writing if, during the Term of this Contract, Contractor becomes aware of, or has
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reasonable anticipation of, any lawsuits, actions, or proceedings in any judicial or quasi-
judicial forum that involves Contractor or any Subcontractor and that will or may adversely
affect Contractor’s ability to fulfill its obligations under this Contract.
5.1.4 Conflict of Interest. (09/17) Contractor warrants it has no present interest and shall not
acquire any interest that would conflict in any manner with its duties and obligations under
this Contract.
5.1.5 Compliance with Applicable Law. (09/17) Contractor warrants it has complied and shall
comply with all applicable federal, state, and local laws and regulations of its domicile and
wherever performance occurs during the term of this Contract. Contractor warrants it is
currently in compliance with all tax laws.
5.1.6 Public Contracts. (09/17) Contractor shall observe all applicable state and local laws
pertaining to public contracts. ORS Chapters 279A and 279B require every public contract
to contain certain provisions. To the extent applicable, ORS 279B.220, 279B.230 and
279B.235 are incorporated into this Agreement by reference.
5.1.7 Compliance with Civil Rights Act. (09/17) Contractor warrants it is in compliance with Title
VI of the Civil Rights Act of 1964 and its corresponding regulations as further described at:
http://www.portlandoregon.gov/bibs/article/446806
5.1.8 Respectful Workplace Behavior. (09/17) The City is committed to a respectful work
environment, free of harassment, discrimination and retaliation and other inappropriate
conduct. Every individual has a right to work in a professional atmosphere where all
individuals are treated with respect and dignity. The City’s HR Rule 2.02 covers all
employees of the City as well as contractors, vendors or consultants who provide services to
the City of Portland. Contractor warrants its compliance with terms and conditions HR 2.02
as further described at: https://www.portlandoregon.gov/citycode/27929
5.2
Grant Funding. (02/18). This Contract is currently not using grant funding. However, in the event
that City acquires or uses grant funding to pay for any portion of this Contract, the City and
Contractor agree to Amend the Contract to include the federally required terms and conditions.
General grant terms may be found at http://www.portlandoregon.gov/bibs/article/455735
5.3
Compliance with Non-Discrimination Laws and Regulations.
5.3.1 Nondiscrimination. (06/19) Pursuant to all City, State, and federal non-discrimination and
civil rights laws, Contractor, with regard to the work performed by it during this Contract,
shall not discriminate on the grounds of race, color, national origin, including limited English
proficiency, sex, sexual orientation, gender identity, age, religion or non-religion, disability,
marital status, family status, or source of income, including in employment practices, the
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selection and retention of subcontractors, including procurements of materials and leases of
equipment.
5.3.2 Solicitations for Subcontractors, Including Procurements of Materials and Equipment.
(06/19) In all solicitations either by competitive bidding or negotiation made by Contractor
for work to be performed under a subcontract, including procurements of materials or leases
of equipment, each potential subcontractor or supplier shall be notified by Contractor of
Contractor's obligations under this Contract relative to nondiscrimination on the grounds of
race, color, national origin, sex, sexual orientation, age, religion, disability, marital status, or
family relationships.
5.3.3 Sanctions for Noncompliance. (09/17) In the event of Contractor's noncompliance with the
nondiscrimination provisions of this Contract, the City shall impose such contract sanctions
as it or any state or federal agency may determine to be appropriate, including, but not
limited to withholding of payments to Contractor under this Contract until Contractor
complies, and/or cancellation, termination, or suspension of this Contract, in whole or in part.
5.3.4 ADA Compliance. (07/18) Contractor shall comply with the Americans With Disabilities
Act (ADA), including any duty the ADA may impose on City or Contractor as a result of the
Products, Services or activities requested to be provided for City under this Agreement.
Contractor shall document each ADA request for modification to the Products or Services
and Contractor’s fulfillment of the request. If Contractor determines that it is unable to
promptly fulfill the request for modification under the ADA, Contractor will contact the City
contract manager within the same business day, proving reasons why Contractor is unable to
fulfill the request for modification and to identify alternate accessibility options that
Contractor can perform.
Within [X] Business Days after receipt, City and Contractor shall advise the other Party in
writing, and provide the other Party with copies (as applicable) of any notices alleging
violation of or noncompliance with the ADA relating to the Agreement, or any governmental
or regulatory actions or investigations instituted or threatened regarding noncompliance with
the ADA and relating to the Agreement or the programs, Products, Services or activities that
Contractor is undertaking for City under this Agreement.
5.3.5 Required Reporting. (05/19) If any person or class of persons files a complaint with
Contractor alleging discrimination under Title VI of the Civil Rights Act of 1964 (race, color,
or national origin, including limited English proficiency), Contractor will notify the City of
Portland of the complaint and cooperate with any investigation related to the complaint.
Notifications shall be sent to Title VI Program Manager, 421 SW 6th Ave, Suite 500,
Portland, Oregon 97204, or title6complaints@portlandoregon.gov.
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5.4
Service(s) and Deliverables Warranties. (10/19) Contractor makes the following warranties:
5.4.1 No Third-Party Conflict or Infringement. (01/19) As of the Effective Date, Contractor
warrants the execution and performance of this Contract, shall not contravene the terms of
any contracts with third parties or any third-party Intellectual Property Right; and, as of the
Effective Date of this Contract, there are no actual or threatened legal actions with respect to
the matters in this provision. Contractor agrees to promptly notify the City, in writing, if
during the Term of the Contract, a potential third-party conflict or infringement of third-party
Intellectual Property Rights arises.
5.4.2 No Encumbrances. (08/19) All Deliverables provided by Contractor under this Contract shall
be transferred to the City free and clear of any and all restrictions of transfer or distribution
and free and clear of any and all liens, claims, security interests, liabilities and encumbrances
of any kind.
5.4.3 Conformance with Specifications. (01/19) Contractor warrants that the Deliverables and
Services shall operate in conformance with the Specifications.
5.4.4 Compliance with Law. (10/19) Contractor warrants that the Deliverables conform to all
requirements of applicable law, including all applicable health, safety, privacy, data security
and environmental laws and regulations.
5.4.5 Industry Standards. (10/19) Contractor warrants that the Services performed under this
Contract will meet the standards of skill and diligence normally employed by persons
performing the same or similar services.
5.4.6 Substitution or Modification of Products at No Charge. (03/19) In the event that Contractor
substitutes or modifies the Deliverables, Contractor shall ensure that the new or modified
Deliverables shall conform in all aspects to the Specifications. Such substitutions or
modifications shall in no way degrade the performance or functionality of the Deliverables
and shall not result in additional cost to the City.
5.5
No Waiver of Warranties or Representation. (10/19) Performance of Services shall not be
construed to represent Acceptance nor relieve Contractor from its responsibility under any
representation or warranty. If the City makes a payment prior to Final Acceptance, the payment
does not grant a waiver of any representation or warranty by Contractor.
5.6
No Third Party to Benefit. (09/17) This Contract is entered into for the benefit of the City and
Contractor. Except as set forth herein, nothing in this Contract shall be construed as giving any
benefits, rights, remedies or claims to any other person, firm, corporation or other entity,
including, without limitation, the general public or any member thereof, or to authorize anyone not
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a Party to this Contract to maintain a suit for breach of contract, personal injuries, property
damage, or any other relief in law or equity in connection with this Contract.
5.7
Assignment. (08/19) Neither Party shall assign, transfer, or delegate all or any part of this
Contract, or any interest therein, without the other Party's prior written consent, which shall not be
unreasonably withheld. For purposes of this Section, the acquisition, merger, consolidation or
change in control of Contractor or any assignment by operation of law shall be considered an
assignment of this Contract that requires the City’s prior written consent. Notwithstanding the
foregoing: (a) in the event that the City’s business needs change or the City enters into an
agreement with a provider for outsourcing services, Contractor agrees that the City shall have the
right to assign this Contract to a successor of all, substantially all, or specified area(s) of the City’s
business, including an outsourcing provider, upon written notice to the other Party, and (b)
Contractor may, without the City’s consent, but upon prior written notice to the City, assign its
right to payment under this Contract or grant a security interest in such payment to any third party
without requiring that the third party be liable for the obligations of Contractor under this
Contract. Any attempted assignment or delegation in violation of this Section shall be void.
5.8
Notice of Change in Financial Condition. (09/17) Contractor must maintain a financial condition
commensurate with the requirements of this Contract. If, during the term of this Contract,
Contractor experiences a change in its financial condition which may adversely affect its ability to
perform the obligations of this Contract, Contractor shall immediately notify the City in writing.
Failure to notify the City of such a change in financial condition is sufficient grounds for
terminating this Contract.
5.9
Notice of Change in Ownership. (09/17) If, during the term of this Contract, Contractor
experiences a change in ownership or control, Contractor shall immediately notify the City in
writing. Failure to notify the City of such a change in ownership or control is sufficient grounds
for terminating this Contract.
5.10 Subcontractors. (10/19) Contractor shall not subcontract any work under this Contract without the
City’s prior written consent. Contractor shall be fully responsible for the acts and omissions of its
Subcontractors, including any Affiliates, at all levels, and of their agents and employees.
Contractor shall ensure that all applicable provisions of this Contract (including those relating to
Insurance, Indemnification, and Confidentiality) are included in all of its subcontracts. The City
reserves the right to review any agreements between Contractor and its Subcontractors for
Services authorized under this Contract.
All D/M/W/ESB/SDVBE (COBID Certified) subcontractors/suppliers identified in Contractor’s
proposals shall be used in their proposed capacity during Contract performance. If Contractor
desires to replace any D/M/W/ESB/SDVBE subcontractors/suppliers under this Contract all
substitution requests must have approval from the City’s Chief Procurement Officer before such
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substitutions can be made. In no event shall Contractor subcontract any work, assign any rights,
or delegate any obligations under this Contract without the City’s prior written consent.
5.11 Flow-down Clauses. (01/19) Contractor shall include the following clauses, or substantially
similar language, in its subcontracts under this Contract:
Section 4.4, Confidentiality
Section 5.3, Compliance with Non-Discrimination Laws and Regulations
Section 6.1, Hold Harmless and Indemnification
Section 6.2, Insurance
5.12 Force Majeure. (01/19)
5.12.1 In the event that either Party is unable to perform any of its obligations under this Contract
due to a Force Majeure Event not the fault of the affected Party, the Party who has been so
affected immediately shall give notice to the other Party and shall do everything possible to
resume performance. Upon receipt of such notice, the performance obligations affected by
the Force Majeure event shall immediately be suspended.
5.12.2 If the period of nonperformance exceeds fifteen (15) Calendar Days from the receipt of
notice of the Force Majeure Event, the Party whose ability to perform has not been so
affected may, by giving written notice, terminate this Contract or any Statement of Work.
5.12.3 If the period of nonperformance due to a Force Majeure Event does not exceed fifteen (15)
Calendar Days, such nonperformance shall automatically extend the Project schedule for a
period equal to the duration of such events. Any Warranty Period affected by a Force
Majeure Event shall likewise be extended for a period equal to the duration of such event.
5.12.4 If the period of nonperformance due to Force Majeure Event is longer than fifteen (15)
Calendar Days, the Parties shall negotiate options for mitigation of the Force Majeure Event.
5.13 Ownership of Property. (06/19) All work product produced by the Contractor under this Contract
is the exclusive property of the City. “Work Product” includes, but is not limited to: research,
reports, computer programs, manuals, drawings, recordings, photographs, artwork and any data or
information in any form. The Contractor and the City intend that such Work Product shall be
deemed “work made for hire” of which the City shall be deemed the author. If for any reason a
Work Product is deemed not to be a “work made for hire,” the Contractor hereby irrevocably
assigns and transfers to the City all right, title and interest in such Work Product, whether arising
from copyright, patent, trademark, trade secret, or any other state or federal intellectual property
law or doctrines. Contractor shall obtain such interests and execute all documents necessary to
fully vest such rights in the City. Contractor waives all rights relating to work product, including
any rights arising under 17 USC 106A, or any other rights of authorship, identification or
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approval, restriction or limitation on use or subsequent modifications. If the Contractor is an
architect, the Work Product is the property of the Consultant-Architect, and by execution of this
Contract, the Contractor-Architect grants the City an exclusive and irrevocable license to use that
Work Product.
Notwithstanding the above, all pre-existing trademarks, services marks, patents, copyrights, trade
secrets, and other proprietary rights of Contractor are and will remain the exclusive property of
Contractor. Contractor hereby grants to the City a non-exclusive, perpetual, irrevocable license,
with the right to sublicense, to disclose, copy, distribute, display, perform, prepare derivative
works of and otherwise exploit any pre-existing Intellectual Property Rights incorporated into the
Work Product(s).
SECTION 6 INDEMNIFICATION, INSURANCE, BONDING, LIQUIDATED DAMAGES
6.1
Hold Harmless and Indemnification. (08/19)
6.1.1 Contractor shall indemnify, defend and hold harmless the City of Portland, its officers,
agents, and employees, from all claims, demands, suits, and actions for all losses, damages,
liabilities, costs and expenses (including all attorneys’ fees and costs), resulting from or
arising out of the actions, errors, or omissions of Contractor or its officers, employees,
Subcontractors, or agents under this Contract.
6.1.2 Infringement Indemnity. (08/19) Contractor shall indemnify, defend, and hold harmless the
City, its directors, officers, employees, and agents from and against any and all claims,
demands, suits, and actions for any damages, liabilities, losses, costs, and expenses
(including reasonable attorney fees, whether or not at trial and/or on appeal), arising out of or
in connection with any actual or alleged misappropriation, violation, or infringement of any
proprietary right or Intellectual Property Right of any person whosoever. The City agrees to
notify Contractor of the claim and gives Contractor sole control of the defense of the claim
and negotiations for its settlement or compromise.
6.1.3 Contractor shall indemnify, defend, and hold harmless the City against any taxes, premiums,
assessments, and other liabilities (including penalties and interest) that the City may be
required to pay arising from Deliverables and Services provided by Contractor under this
Contract. The City of Portland, as a municipal corporation of the State of Oregon, is a tax-
exempt unit of local government under the laws of the State of Oregon and is not liable for
any taxes.
6.2
Insurance. (08/19) Contractor shall not commence work until Contractor has met the insurance
requirements in this section and Contractor has provided insurance certificates approved by the
City Attorney. Contractor shall acquire insurance issued by insurance companies or financial
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institutions with an AM Best rating of A- or better and duly licensed, admitted and authorized to
do business in the State of Oregon.
6.2.1 Insurance Certificate. (08/19) As evidence of the required insurance coverage, Contractor
shall provide compliant insurance certificates, including required endorsements, to the City
prior to execution of the Contract. The certificates shall list the City as certificate holder.
Contractor shall maintain continuous, uninterrupted coverage for the Term of this Contract
and to provide insurance certificates demonstrating the required coverage for the Term of this
Contract. Contractor’s failure to maintain insurance as required by this Contract constitutes a
Material Breach of this Contract. Contractor must notify the City in writing thirty (30)
Calendar Days prior to a cancellation, non-renewal, or changes to the insurance policy.
6.2.2 Additional Insureds. (08/19) For commercial general liability coverage, Contractor shall
provide City with a blanket additional insured endorsement form that names the City of
Portland, Oregon, and its officers, agents and employees, as an additional insured. The
additional insured endorsement must be attached to the general liability certificate of
insurance.
6.2.3 Insurance Costs. (08/19) Contractor shall be financially responsible for all premiums,
deductibles, self-insured retentions, and self-insurance.
6.2.4 Coverage Requirements. (08/19) Contractor shall comply with the following insurance
requirements:
6.2.4.1 Commercial General Liability. (08/19) Contractor shall acquire commercial general
liability (“CGL”) and property damage insurance coverage in an amount not less than
$2 million per occurrence for damage to property or personal injury arising from
Contractor’s work under this Contract.
☐ Required and attached ☐ Reduced by Authorized Bureau Director ☐ Waived by Authorized Bureau Director
6.2.4.46.2.4.2 Automobile Liability. (08/19) Contractor shall acquire automobile liability
insurance to cover bodily injury and property damage in an amount not less than $2
million for each accident. Contractor’s insurance must cover damages or injuries
arising out Contractor’s use of any vehicle.
☐ Required and attached ☐ Reduced by Authorized Bureau Director ☐ Waived by Authorized Bureau Director
6.2.4.56.2.4.3 Workers’ Compensation. (08/19) Contractor shall comply with Oregon workers’
compensation law, ORS Chapter 656, as it may be amended. If Contractor is required
by ORS Chapter 656 to carry workers’ compensation insurance, Contractor shall
acquire workers’ compensation coverage for all subject workers as defined by ORS
Chapter 656 and shall maintain a current, valid certificate of workers’ compensation
insurance on file with the City for the entire period during which work is performed
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under this Contract. Contractor shall acquire workers compensation coverage in an
amount not less than $1 million each accident, $1 million disease each employee, and
$1 million disease policy limit.
☐ Required and attached ☐ Proof of exemption (Complete Independent Contractor Certification Statement)
6.2.4.66.2.4.4 Professional Liability. (08/19) Contractor shall acquire insurance to cover
damages caused by negligent acts, errors or omissions related to the professional
Services, and performance of duties and responsibilities of the Contractor under this
Contract in an amount not less than $1 million per occurrence and aggregate of $3
million for all claims per occurrence. In lieu of an occurrence-based policy, Contractor
may have claims-made policy in an amount not less than $1,000,000 per claim and
$3,000,000 annual aggregate, if the Contractor acquires an extended reporting period or
tail coverage for not less than three (3) years following the termination or expiration of
the Contract.
☐ Required and attached ☐ Reduced by Authorized Bureau Director ☐ Waived by Authorized Bureau Director
6.2.5 Insurance Requirements for Subcontractors. (08/19) Contractor shall contractually require its
Subcontractors to acquire and maintain for the duration of this Contract insurance equal to
the minimum coverage limits required above.
6.3
Rolling Estoppel. (09/17) Unless otherwise notified by Contractor, it shall be understood that the
City shall have met all its obligations under this Contract. The City will be conclusively deemed
to have fulfilled its obligations, unless it receives written notification of a failure to meet such
obligations in the next status report, or within ten (10) Business Days following such failure,
whichever is sooner, and Contractor identifies the specific failure in that notification. The City’s
failure to meet obligations must be described in terms of how it has affected the Project schedule
or a specific performance requirement of Contractor.
6.3.1 Contractor is estopped from claiming that a situation has arisen that might otherwise justify
changes in Project timetable, the standards of performance under this Contract, or the
Contract price, if Contractor knew of that problem and failed to provide notification to the
City as set forth above or to include it in the applicable status report to the City’s project
manager.
6.3.2 In the event Contractor identifies a situation that is impairing Contractor’s ability to perform
for any reason, Contractor’s notification should contain Contractor’s suggested solutions to
the situation. These suggestions should be in sufficient detail so that the City’s Project
Manager can make a prompt decision as to the best method of dealing with the problem and
continuing the Project in an unimpeded fashion.
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6.4
Dispute Resolution. (09/17) Contractor shall cooperate with the City to ensure that all claims and
controversies which arise during this Contract will be resolved as expeditiously as possible in
accordance with the following resolution procedure:
6.4.1 Any dispute between the City and Contractor shall be resolved, if possible, by the Project
Manager or their designee on behalf of the City and ________ on behalf of Contractor.
6.4.2 If the Project Manager or the Project Manager’s designee and Contractor are unable to
resolve any dispute within three (3) Business Days after notice of such dispute is given by
either Party to the other, the matter shall be submitted to [Bureau Head] on behalf of the City
and ________ on behalf of Contractor for resolution, if possible.
6.4.3 Should any dispute arise between the Parties concerning this Contract that is not resolved by
mutual agreement above, it is agreed that such dispute will be submitted to mandatory
mediated negotiation prior to any Party’s commencing arbitration or litigation. In such an
event, the Parties to this Contract agree to participate in good faith in a non-binding
mediation process. The mediator shall be selected by mutual agreement of the Parties, but in
the absence of such agreement each Party shall select a temporary mediator and those
mediators shall jointly select the permanent mediator. All costs of mediation shall be borne
equally by the Parties.
6.4.4 Should an equitable solution not result from the foregoing, the City and Contractor shall be
free to pursue other remedies allowed under this Contract.
6.4.5 Unless ordered by the City to suspend performance of all or any portion of Contractor’s
Services, Contractor shall proceed with the performance of such Services without any
interruption or delay during the pendency of any of the foregoing dispute resolution
procedures. During the pendency of any of the foregoing dispute resolution procedures, the
City shall continue to make all payments that are not in dispute while having the right to
withhold payments that are in dispute.
6.5
Remedies. (09/17) The remedies provided in this Contract are cumulative and may be exercised
concurrently or separately. In the event of any Material Breach by Contractor, which Material
Breach shall not have been cured as agreed to between the Parties, the City shall have the ability to
pursue the City’s rights at law or equity. The exercise of any one remedy shall not constitute an
election of one remedy to the exclusion of any other.
6.6
Cost of Cover. (09/17) In the event of termination of this Contract by the City due to a Material
Breach by Contractor, then the City may complete the Project itself, by agreement with another
contractor, or by a combination thereof. After termination, in the event the cost of completing the
Project exceeds the amount the City would have paid Contractor to complete the Project under this
Contract, then Contractor shall pay to the City the amount of the reasonable excess.
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SECTION 7 ACCEPTANCE
7.1
Right to Perform Review and Acceptance. (10/19) Prior to Acceptance of Services or
Deliverables, the City shall have the right to review and inspect Deliverable(s) to ensure they meet
Acceptance Criteria, as may be further defined in Exhibit B - Statement of Work. If applicable,
Contractor shall cooperate with the City in the development of Acceptance Criteria that shall
codify and set forth the location, date, and other specifications. Acceptance review may occur in
one or more phases, depending on the Deliverables in the Statement of Work.
7.2
Procedure and Timetable. (10/19) Unless otherwise specified,
7.2.1 The City shall commence review of a Deliverable for Acceptance within a reasonable
amount of time after receipt of a Deliverable.
7.2.2 Contractor shall provide, at no additional cost, reasonable and appropriate support,
assistance, and consultation in order to facilitate Acceptance review.
7.2.3 City will make all reasonable efforts to complete its Acceptance review within the time
period specified within the Project schedule mutually agreed upon by the Parties in writing.
If the Deliverable meets the City’s Specifications, the City shall issue an Acceptance
Certificate, a sample of which is attached in Exhibit E-2.
7.3
Failure of Acceptance. (10/19) The City will notify Contractor if a Deliverable or a portion of a
Deliverable fails to pass an Acceptance review and will specify in reasonable detail the identified
failures and possible reasons for failure. After City’s notification, Contractor shall correct the
failure within ten (10) Business Days and notify the City that the correction has been completed.
After Contractor’s correction notification, the City shall perform a second Acceptance review. If
the Deliverable or portion of the Deliverable fails to pass the second Acceptance review, the City
shall notify Contractor in writing, and the City may, in its sole discretion: (a) terminate this
Contract with no further liability; (b) require Contractor to replace the Deliverable or defective
portion of the Deliverable at no additional cost to the City, (c) require Contractor to make further
corrections to prepare for re-review ; (d) Accept the Deliverable at a reduced cost to be negotiated
between the Parties; or (e) issue an Acceptance Certificate for an “Acceptance with Exception(s)”
in accordance with Sections 7.3.1 and 7.3.2.
7.3.1 If the City issues an Acceptance Certificate for an “Acceptance with Exception(s)” the City
will list the exception(s) and the date for Contractor’s correction of the Defect(s). If
Defect(s) are corrected by the listed date(s) the City agrees to commence further Acceptance
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review of the Deliverable or affected portion(s). If the Deliverable passes the Acceptance
review, the City will issue an Acceptance Certificate.
7.3.2 If a Deliverable fails a second or subsequent Acceptance review (or in the event of a single
Acceptance review, , the Acceptance) in no event shall there be an increase to the original
price agreed to by the Parties for the Deliverable.
7.4
City Acceptance of Failure. (05/19) If the City elects to accept a Deliverable or any combination
even with the failure(s), then the City may request that Contractor issue a refund to the City in an
amount equal to a percentage of the full fee value of the Deliverable that the Parties mutually
determine represents the loss of use or functionality.
7.5
Revocation of Acceptance. (01/19) The City shall have the right to revoke “Acceptance with
Exception(s)” if the City granted an “Acceptance with Exception(s)” based on Contractor’s
commitment to correct the Defect within a reasonable period of time, but the Defect has not been
so corrected. The City shall also have the right to revoke Acceptance if the City accepted the
Deliverable without discovery of the Defect, and the Acceptance was reasonably induced by
Contractor’s assurances or by the difficulty of discovery of the Defect before Acceptance.
Revocation is effective only if it occurs within a reasonable time after the City discovers or should
have discovered the reasons for revocation.
7.6
Termination Based on Failure of Acceptance. (10/19) If the Deliverables or Services fail to pass
the Final Acceptance review(s), the City may terminate this Contract. Contractor shall refund all
costs paid for the Deliverables and Services in U.S. Dollars within fifteen (15) Calendar Days of
the date of receipt of notice of termination. The refund shall be in cash and not in the form of
future credits from Contractor.
7.7
No Waiver. (05/19) Acceptance shall not relieve Contractor from its responsibility under any
warranty. Payment for Deliverables, or any portion thereof, does not constitute Acceptance nor
does it constitute a waiver of any warranty applicable to the City.
SECTION 8 TRAVEL
8.1
Reimbursement. (09/17) Contractor may be reimbursed, upon advance written approval by
authorized City personnel, for certain expenses incurred in connection with personnel assigned to
provide services for the City on the City’s site. All invoices shall be accompanied by physical or
electronic copies of original receipts and any additional supporting documentation that may be
appropriate. Reimbursement will be made based on the following guidelines:
8.1.1 Commercial Air Travel. (09/17) Commercial air travel reservations are to be arranged based
on the lowest coach fare available within a reasonable time frame surrounding the desired
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arrival or departure time. When possible, air travel arrangements should be reserved at least
seven (7) to fourteen (14) Calendar Days in advance. Direct billing for commercial air travel
is NOT permitted; however, City may elect to arrange travel reservations on behalf of
Contractor personnel. In the event weekend travel is reimbursed, such reimbursement shall
be made based on an amount up to and in lieu of any authorized per diem amounts and, if
applicable, any other daily expense reimbursement.
8.1.2 Rental Cars/Surface Transportation. (09/17) Contractor shall choose the most economical
mode of transportation. Except when there is only one person traveling by rented auto,
vehicle rental will be reimbursed based on a minimum ratio of one (1) compact auto per two
(2) Contractor personnel. Reimbursement for vehicle rental will not be approved for
Contractor personnel falling below that ratio. Cost for additional insurance is not
reimbursable, nor will reimbursement be permitted for fuel obtained at a vehicle rental
agency. City does not assume any liability of any type in connection with rental vehicles
reserved or operated by Contractor personnel. Direct billing for rental vehicles is not
permitted. If the City’s Project Manager chooses to provide a per diem for auto rental, such
per diem shall be the same per diem as allowed for City employees. The City will reimburse
Contractor for surface transportation such as taxicabs, shuttles, and mass transit, at actual
cost when reimbursement requests are accompanied by original receipts.
8.1.3 Lodging. (09/17) Contractor shall arrange for lodging. The City will reimburse Contractor
per individual for a daily lodging expenses based on GSA per diem rates; such per diem shall
be the same per diem as allowed for City employees. GSA lodging allowances can be found
at the U.S. General Services Administration website: http://www.gsa.gov/perdiem
8.1.4 Meal and Incidental Expenses (M&IE). (09/17) The City will provide per diem for each full
day (eight hours) worked for Contractor personnel assigned to deliver Services. The per
diem rate will be the same as the one published on the U.S. General Services Administration
website, identified as the Meal and Incidental Expenses (M&IE) for the Portland, Oregon
area. GSA per diem rates can be found at the U.S. General Services Administration website:
http://www.gsa.gov/perdiem
8.2
Non-reimbursable Expenses. (09/17) Expenses incurred for personal entertainment while traveling
on the City business are not reimbursable. Personal entertainment includes items such as in-room
movie charges, sightseeing, attendance at sporting events, reading materials, gifts, haircuts, etc.
Expenses incurred for travel to and from, and parking at, the departure airport are not
reimbursable.
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SIGNATURE PAGE
(08/19)
Contractor represents that Contractor has had the opportunity to consult with its own independently
selected attorney in the review of this Contract. Neither Party has relied upon any representations or
statements made by the other Party that are not specifically set forth in this Contract.
This Contract constitutes the entire agreement between the City and Contractor and supersedes all prior
and contemporaneous proposals and oral and written agreements, between the Parties on this subject,
and any different or additional terms on a City purchase order or Contractor quotation or invoice.
The Parties agree that they may execute this Contract and any Amendments to this Contract, by
electronic means, including the use of electronic signatures.
This Contract may be signed in two (2) or more counterparts, each of which shall be deemed an original,
and which, when taken together, shall constitute one and the same agreement.
IN WITNESS WHEREOF, the Parties hereby cause this Contract to be executed.
CONTRACTOR
Authorized Signature
Date
Printed Name and Title
Address:
Phone:
Email:
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Contract Number: XXXXXXXX
Amendment Number: XX
Contract Title:
CITY OF PORTLAND SIGNATURES
By:
Date:
Bureau Director
By:
Date:
Chief Procurement Officer
By:
Date:
Elected Official
Approved:
By:
Date:
Office of City Auditor
Approved as to Form:
By:
Date:
Office of City Attorney
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Exhibit A
Contractor’s Price
SECTION 1 Pricing.
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Exhibit B
Statement of Work
SECTION 1 SUMMARY
SECTION 2 SCOPE OF WORK
Contractor shall provide the following Services
SECTION 3 TASKS AND DELIVERABLES
The individual Deliverables are described in more detail below:
3.1
Task 1:
3.1.1 Deliverable 1:
3.1.1.1 Acceptance Criteria:
3.1.2 Deliverable 2:
3.1.2.1 Acceptance Criteria:
3.1.3 Deliverable 3:
3.1.3.1 Acceptance Criteria:
3.2
Task 2:
3.2.1 Deliverable 1:
3.2.1.1 Acceptance Criteria:
3.2.2 Deliverable 2:
3.2.2.1 Acceptance Criteria:
3.2.3 Deliverable 3:
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3.2.3.1 Acceptance Criteria:
3.3
Task 3:
3.3.1 Deliverable 1:
3.3.1.1 Acceptance Criteria:
3.3.2 Deliverable 2:
3.3.2.1 Acceptance Criteria:
3.3.3 Deliverable 3:
3.3.3.1 Acceptance Criteria:
SECTION 4 PROJECT SCHEDULE
The detailed Project schedule is shown below (or as another Schedule B-X to this Exhibit B) –OR –
The Project shall be completed no later than [insert CALENDAR DATE].
SECTION 5 PROJECT MANAGEMENT
5.1
Status Reports
Contractor shall summarize activities under this Contract in written weekly/monthly status reports
submitted to the City Project Manager. The status reports are due on the first day of the week/month and
shall include summaries of all activities and Deliverables completed in the prior week/month. The report
shall include a list of any delayed items, a description of the cause of the delay, schedule impact, and a
proposed method of resolution. Delayed items shall be carried over onto subsequent reports until
resolved.
5.2
Place of Performance
Contractor shall provide City with services at City locations as directed by the City Project Manager.
Some portions of the work will be performed at Contractor facilities as agreed with the City Project
Manager.
5.3
Project Managers
The City’s Project Manager will be__________. The City may change City’s Project Manager from
time to time upon written notice to Contractor. Contact Information:
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The Contractor’s Project Manager will be ____________. Contact Information:
5.4
Acceptance Criteria and Acceptance Test Plan
Acceptance Criteria and the Acceptance review plan shall be reviewed jointly by the City’s Project
Manager and Contractor’s Project Manager. When agreed, the Acceptance Criteria and review plan
shall be attached and incorporated here in this Statement of Work as Exhibit B-1.
Contract #_________
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Exhibit C - City RFP/RFQ ________
Contract #_________
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Exhibit D, Contractor’s Proposal/Quote
Contract #_________
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Exhibit E
Sample Forms
Exhibit E-1: STATUS REPORT
BUREAU NAME
Bureau Logo
Contractor
Project Title
Contract No.
Report Date
Contract Date
Submitted by:
1.
Key Status Indicators:
Description
No
Yes
Explanation
Has scope changed?
Will target dates slip?
Are there resource problems?
Any other issues?
2.
Major Activities Completed For Reporting Week (Key Accomplishments):
Activity
Comment(s)
3.
Major Activities Planned For Reporting Week and Not Completed:
Activity
Comment(s)
4.
Major Activities Planned For Next Week:
Activity
Comment(s)
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5.
Status of Key Team Deliverables:
Deliverable
Comment(s)
6.
Major Issues Requiring Immediate Attention:
Issue
Resolution
7.
Weekly Summary of Performance by Individual
Individual’s Name:
Scheduled Activities
complete
incomplete
Comment(s)
Individual’s Name:
Scheduled Activities
complete
incomplete
Comment(s)
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Exhibit E-2: FINAL ACCEPTANCE CERTIFICATE
(08/19)
On this _____ day of ________, 20__, the City certifies Final Acceptance of (name Deliverable(s)), in
accordance with Contract No. _____________. This Certificate of Acceptance is issued subject to and
in accordance with the Contract, all defined terms having the meanings as set forth in the Contract, and
without prejudice to any claims which subsequently may arise in connection with Defects in the
Deliverables (or combination of Products) described herein.
-- OR --
FINAL ACCEPTANCE CERTIFICATE WITH EXCEPTIONS
On this _____ day of ________, 20__, the City certifies Final Acceptance of (name of Deliverable(s)),
in accordance with Contract No. ______________. This Certificate of Final Acceptance is issued
subject to the following exceptions:
1.
2.
3.
Exceptions must be completed by _____. If Exceptions are not completed by _____, the City may
revoke Final Acceptance of the Deliverables.
This Certificate of Final Acceptance is issued subject to and in accordance with the Contract, all defined
terms having the meanings as set forth in the Contract, and without prejudice to any claims which
subsequently may arise in connection with Defects in the Deliverable(s) described herein.
CITY OF PORTLAND
Authorized Signature
Date
Printed Name
Title
Contract #_________
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Exhibit E-3: CHANGE ORDER
BUREAU NAME
LOGO
CHANGE ORDER
Contractor
Project Title
Contract No.
Change Order No.
*SAMPLE*
Contract Date
Change Order Date
Select Type
Description and Reason for Change
Modification to:
Time
Project Schedule
and/or Contract
Scope or
Specifications
Statement of Work
Acceptance Test Plan
Deliverables
Statement of Work
Acceptance Test Plan
Price
Statement of Work and/or
Contract
Terms and
Conditions
Request Amendment to
Contract
Other
1. Additional time is necessary and the Project Schedule for the Statement of Work or a specific
Deliverable is hereby extended through (DATE) or modified as shown on the attached Project
Schedule.
2. Additional work or a change in work or Specifications is necessary. For example, changes to the
Statement of Work, Deliverables and/or the Acceptance.
3. A price adjustment is necessary for the following Deliverables. These changes will NOT affect
the total not-to-exceed value of the Contract. For example, price changes that show the original
price and the modified price.
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4. An Amendment to the Contract is requested for the following reasons. For example, any change
to the total value of the Contract, the term or ending date of the Contract, or the Contract terms
and conditions requires an Amendment.
The Change Order is subject to the terms and conditions of the above-referenced Contract.
The rest of the Statement of Work shall remain unchanged and in full force and effect.
CITY OF PORTLAND
CONTRACTOR
Authorized Signature
Date
Authorized Signature
Date
Printed Name
Printed Name
City Project Manager
Title
Title
EXHIBIT 4
Alliant Insurance Services, Inc.
1420 Fifth Avenue, Suite 1500
805 S.W. Broadway
Seattle, WA 98101
Fox Tower, Suite 480
Main: (206) 204-9140
Portland, OR 97205
License No. 0C36861 | www.alliant.com
Response to RFP for
City of Portland,
Oregon
Insurance Brokerage Services
No. 00001378
January 6, 2020
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
A. COVER LETTER
January 6, 2020
City of Portland
Attn: DeEtte Wolfe, Sr. Procurement Specialist
1221 SW 4th Avenue, Room 110
Portland, OR 97204
Submitted Via: BuySpeed
Response to Request for Proposals (RFP) No. 00001378 for Insurance Brokerage Services
Dear DeEtte Wolfe,
Thank you for the opportunity to respond to the City of Portland’s (the City) Request for Proposal (RFP) for
Insurance Brokerage Services. We have drafted a comprehensive response that demonstrates the depth of our
experience and our desire to begin a relationship with the City.
Established in 1925, Alliant is a privately held Delaware corporation (November 12, 1997) headquartered in
Newport Beach, California with the Tax ID #33-0785439. Alliant is the leading public entity broker in the
Western U.S. with over 10,000 public entity clients. In the Portland area these include: Tri-County Metropolitan
Transportation District of Oregon and the Port of Portland.
Our nationally focused public entity practice allows us to design and deliver superior insurance and risk
management programs. We have a reputation as an aggressive client advocate and are innovative in our
methodology to problem solving. Challenges and opportunities are addressed by taking a focused, consultative
approach, with frequent communication, to first understand the issue at hand and then to craft a solution to
achieve your goals. With this approach, the wealth of our professional expertise, and our strong relationships with
public entity insurers and reinsurers we can tackle any brokerage challenge presented.
I, Brian White, am authorized to represent Alliant in any negotiations and sign any contract that may result. We
are requesting no redactions in our response. Our City of Portland Business Tax Registration Account No. is
81492. Alliant is not a COBID certified firm. We confirm compliance with Portland’s Equal Benefits Program,
and EEO Certification. Alliant has operated under its current name since 2006. From 2006-2001 the company
operated as Driver-Alliant Insurance Services, Inc. Before 2001 the company operated as R.F. Driver Company.
We appreciate the opportunity to present our qualifications and stand ready to answer any questions that may arise
as you review our response. Our clients are our best advertisement and we encourage the City to investigate our
success in developing unique and innovative programs with our references.
Sincerely,
Brian White, First Vice President – Point of Contact
1420 5th Avenue, Suite 1500, Seattle, WA 98101
bwhite@alliant.com | www.alliant.com
(206) 204-9126 (Direct); (206) 204-9205 (Fax); (415) 203-5983 (Mobile)
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
TABLE OF CONTENTS
a)
Cover Letter
Executive Summary ............................................................................................................................ ...1
b) Project Team ........................................................................................................................................ ...2
c) Proposer’s Capabilities ........................................................................................................................ ...7
d)
Project Approach and Understanding ................................................................................................ ...17
e) Corporate Responsibility ................................................................................................................... ...21
f) Proposed Cost .................................................................................................................................... ...23
g) Supporting Information ..................................................................................................................... ...24
h) OCIP Proposal ................................................................................................................................... ...24
i) References ......................................................................................................................................... ...25
Appendix
A. Owner Controlled Insurance Program Capabilities
B. Insurance Requirements in Contracts Table of Contents
C. Sample Casualty Specifications
D. Required Forms
Written Statement of No Redaction
Exhibit 2 – D/M/W/SDV/ESB Participation Disclosure Form 1
Addenda
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
Page 1
EXECUTIVE SUMMARY
Alliant is the leading commercial insurance brokerage firm in the US with a focus on chosen specialty
industries such as Public Entities. This allows our colleagues to develop specialized knowledge and
expertise that directly benefit the City. To that end, we have several intriguing ideas that we are
confident would drive substantial value to your organization within our first year of partnership. We
hope to have the opportunity to share these ideas with you should we be so fortunate as to make it to
the Oral Interview phase of the process.
Our long list of public entity clients also confirms our abilities as a recognized leader. We are honored
to have these clients, and are proud of the professional accomplishments they represent. We are
committed to our reputation as an aggressive and innovative resource working diligently to meet
our client’s needs. As a result of this client-centric approach, our retention rate is 98%, a testament to
our delivery of superior services.
The following are four compelling reasons to select Alliant as your Insurance Broker:
1.
Significant Experience with the Public Sector: Alliant is built around industry specialization, and
our public entity division is our largest specialty group. Our municipal clients include: King County,
Washington, Cities of Kent and Renton, Washington, Kitsap County; City and County of San Francisco,
Cities of Sacramento, Fresno, San Diego, California and fifty-four of the fifty-eight Counties in
California. Other notable public entity clients include: the States of Washington and California, and the
California State University and University of California systems. No other broker can leverage this
depth of experience to your benefit like Alliant can.
2.
Local Resources and Knowledge: Alliant’s Portland based office will serve as a key servicing location
for the City, with further services provided by our Seattle based resources. Locally our clients include:
Tri-County Metropolitan Transportation District of Oregon and Port of Portland. Through our work
with these public entities, combined with our experience in the greater Pacific Northwest and entire
West Coast, Alliant’s understanding of the relevant marketplace and available solutions will be of great
value to the City.
3.
An Innovative, and Highly Flexible, Marketing Approach: Alliant coordinates our insurance
marketing efforts to deliver our clients the best insurance products available. Through the judicious
development of creative programs, unwavering support to public agencies, and the sensible use of our
market clout, we more often than not, deliver ‘below market’ cost solutions. We have both property
and liability based proprietary solutions that will deliver material value, and offer meaningful
alternatives, to the City’s insurance programs.
4.
Integrity and Professionalism: Alliant holds itself to the highest standards of integrity and
professionalism. We understand that public agencies have long memories, and we know that our
reputation is our most valuable corporate and personal asset. Our Agreements with clients contain
proper disclosure language and we have separately provided suggested transparency and disclosure
wording for our written agreement, should we be so fortunate as to be the selected broker.
Our clients are our best advocates and we encourage Portland to investigate references to validate
our proven success in developing unique, innovative, and cost effective insurance programs. The depth
of our services and work goes beyond what we have presented in writing here. We look forward to the
opportunity of presenting our qualifications in person during the Interview Process.
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
Page 2
B. PROJECT TEAM
Proposers should provide information regarding the account managers and other staff members assigned to work on the
project, including their present employment status, or other activities on another project presently under contract by the firm.
If any key personnel are presently assigned on a project, proposers should offer insight as to when they would be available for
the City’s contract.
We understand that the City is considering a single broker for both ongoing Property & Casualty lines of
insurance, as well as project specific Owner Controlled Insurance Programs (OCIP). Alliant is well positioned
to support both of these areas of expertise, and as such are proposing a fully staffed service team of 13 insurance
professionals. 7 of these team members would be dedicated primarily to the ongoing Property & Casualty lines
of insurance, and 6 dedicated primarily to OCIP needs. The primary account responsibility and service will be
overseen by Brian White, as Team Leader. While his day-to-day focus will be Property & Casualty related, he
will have ultimate responsibility for all services that Alliant provides, and manage the coordination of day to
day brokerage related tasks through the team’s channels of administrative resources.
PROPERTY & CASUALTY SERVICE TEAM
Brian White, First Vice President | Team Leader, Property & Casualty Services
Brian will lead the team and have overall responsibility for the delivery of services to
the City. In this role, he will have day to day involvement in account activities to ensure
that the scope of work is properly executed in a timely fashion. Mr. White will draw
upon his many years of well-rounded Property & Casualty experience to plan and
execute the marketing and placement of the City’s various lines of insurance in
alignment with Portland’s goals.
Brian has nearly 20 years of relevant insurance experience, working exclusively with
the Public Sector for the entirety of his career. His clients include Cities, Counties,
Governmental Pools, and Special Districts such as TriMet, King County (Seattle, WA),
Port of Portland, Water & Sewer Risk Management Pool, the State of Washington
itself, San Diego Metropolitan Transit System, and Cities of Renton and Kent, WA. He joined Alliant’s Public
Entity Group in 2001, earned a Bachelor of Science in Finance from the University of Arizona, and has
completed coursework towards the CPCU and ARM designations.
Robert Lowe, First Vice President | Account Executive, Property Specialist
Robert will work closely with Brian, and coordinating with Anne where needed, to
design, market and implement the property related placements on behalf of the City.
The City will benefit from his extensive relationships with both London and domestic
property markets. Mr. Lowe will also be one of the primary points of contact for the
City, working in a consultative fashion both in managing property placement related
activity, but also addressing other property insurance related needs as they arise
throughout the normal course of the policy year. Robert has over 18 years of insurance
experience and has been with Alliant since 2016, also joining Alliant from a large
international brokerage where he worked for many years with the public sector.
His clients include the County of Los Angeles, California Joint Powers Authority (100+
Cities), California Joint Powers Risk Management Authority (20+ Cities), and the Association of California
Water Agencies Joint Powers Insurance Authority (350+ Water Agencies). The insurable values for each of
these organizations exceeds many billions of dollars. Robert holds a Bachelor of Science degree in Business
Management and is currently working on his Associate in Risk Management (ARM) designation.
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
Page 3
Anne Shackelford, Vice President | Account Executive, Casualty Specialist
Anne will take the lead in organizing all Casualty related insurance placements. As
such, she will be responsible for the design, marketing and implementation of all related
placements. Her responsibilities will include: serving as primary service point of
contact for the City, delegating responsibilities where appropriate, identifying target
markets, and negotiating coverage terms and conditions.
Other public sector clients where Anne serves in a similar capacity include: TriMet,
Utah Transit Authority, Washington Schools Risk Management Pool, Port of Los
Angeles, King County (Seattle, WA), City of Marysville, WA, Kitsap County, WA,
and the State of Washington itself. Anne has more than 20 years of insurance
experience, and has worked wholly within Alliant’s public entity group since 2017,
after she joined the company from a large international brokerage where she also
worked with the public sector. She holds a Bachelor of Arts degree in Sociology from the University of
Washington.
Renee Judge, AAI, AIS | Account Manager
Renee’s responsibilities will be to process either directly, or through others, the
administrative aspects of the City’s insurance program. Renee will organize staff
support providing day-to-day services, including preparation of marketing
specifications, processing endorsements, certificates and summaries of insurance,
binders, invoicing, policy review and issuance.
Renee has been with Alliant since 2002, and has worked exclusively with public entities
since then. She is the primary service representative for the Port of Portland and King
County, WA.
Renee has earned the Accredited Advisor in Insurance (AAI) and Associate in Insurance Services (AIS)
designations.
Deborah Bovee, CPCU, ARM-P, Senior Vice President | Peer Review
Alliant believes that even the most seasoned brokers can benefit from having other
senior brokers within the firm available to consult with. For this reason, we regularly
build “Peer Review” personnel into our client service teams. Deb has more than 30
years of Property and Casualty insurance related experience, and has been with Alliant
since 2006 when she establish the Seattle office of Alliant.
Deborah’s clients include Port of Portland, TriMet, King County, WA and the State of
Washington itself; Ports of Tacoma, Longview, Everett, Bellingham, San Diego, and
Long Beach; the Washington State Convention Center, and City and Borough of
Juneau and Ketchikan, Alaska.
Deborah graduated with a Bachelor of Arts Degree in Literature and Education from the University of
Washington
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
Page 4
Robert Frey, Senior Vice President | Claims Advocacy
Bob leads Alliant’s Public Entity Brokerage Claims Department. In this role, he
manages a staff of seven and will have primary responsibility in reporting of
insurance claims and working with carriers to resolve losses. His most valuable role
will be to act as the City’s advocate on difficult and severe claims, complementing
your efforts in obtaining timely and equitable claims resolutions.
Bob has been with Alliant since 2005 and focusses entirely on the Public Sector. He
has more than 30 years of brokerage claims advocacy experience.
Mr. Frey is a charter member of the Registered Professional Adjusters Program
as well as a Registered Professional Adjuster (RPA).
Tim Leech | Director, Risk Control Services
Tim will be responsible for the delivery of Loss Control related services. He works
entirely with public sector agencies, and as such has a wealth of experience and
resources available to him to provide the City with relevant services. Brent has been
with Alliant since 2010 and has over 25 years of relevant experience.
Mr. Leech holds a Bachelor of Science degree in Fire Protection and Safety
Engineering from Oklahoma State University. He also has obtained two Associate of
Science degrees in engineering related disciplines. Tim is a certified Safety
Professional.
OWNER CONTROLLED INSURANCE PROGRAM SERVICE TEAM
Jim Holobaugh, Senior Vice President | Team Leader, OCIP
Jim will lead the OCIP team and have overall responsibility for the delivery of the
required of services to the City. Mr. Holobaugh has served as Program Director on
numerous wrap-up projects throughout the United States including City of Chicago, the
City of Las Vegas (McCarran Airport), Los Angeles Unified School District OCIP I, II,
III, & IV, California State University, City of Los Angeles (Sewer System
Reconstruction), City of San Jose (Regional Wastewater Facility), Sacramento
Sanitation District, Orange County Sanitation District, Houston Methodist Hospital,
Weyerhaeuser, and Los Angeles Community College District.
Prior to joining Alliant, Jim spent 8 years with Aon Risk Insurance Services West, Inc. as the Regional
Wrap-Up Director. Mr. Holobaugh also worked for AIG Risk Management as the head of strategy and
marketing for the Construction Risk Management division in AIG’s New York and Los Angeles offices. In
this capacity, he worked with some of the largest owners and builders of construction projects in the United
States as well as all of the major property/casualty brokers active in the construction risk market.
Mr. Holobaugh has a BS in Civil Engineering from Washington University and a Master’s Degree in
Management from Yale University.
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
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Page 5
Cherri Weatherford, Senior Vice President | Wrap-up Program Manager
Cherri will manage the OCIP administration process and program performance on a day-
to-day basis. In her role, she will be responsible for insurance program design,
implementation, coordination and delivery of services and resources to the City.
Prior to joining Alliant in 2018, Cherri was the West Zone Wrap-up Service Center
Leader for Marsh USA where she was responsible for consulting, design, implementation,
and management of Consolidated Insurance Program’s (CIP’s) for some of the largest
construction projects across the country. Prior to that, Cherri worked for a large general
contractor and held positions as Contracts and Compliance Manager and Insurance Program Manager.
These roles have allowed Cherri to gain unique insight and experience as both an owner and a contractor
enabling her to advise her clients with a diverse level of understanding of the risks that both parties have.
Sherrey Deaver | Program Administrator
Ms. Deaver is a Wrap-Up Administrator in the Construction Services Group at Alliant Insurance Services. She
will be responsible for day-to day project administration for the Wrap-Up programs. She will also provide
communication to subcontractors regarding insurance requirements for compliance and onsite access to project
sites.
Sherrey has been in the construction and insurance industries for over 7 years where she has held multiple roles.
Prior to joining Alliant in October of 2019, Sherrey was a Wrap-Up Administrator for Marsh USA where she
was responsible for daily correspondence with subcontractors regarding the enrollment and compliance aspects
for OCIP/CCIP programs.
Craig S. Graham, CPCU, ARM, Senior Vice President | Marketing, OCIP
Mr. Graham will assist the OCIP service team in marketing and negotiating insurance
placements. He will also be available to lend his expertise to address the City’s coverage
related questions, and in policy review to ensure that coverage placed conforms to
specifications.
Craig has over 15 years of experience with some of the largest controlled insurance
programs in the country. Some of these include: Tutor Perini rolling CCIP, Skanska New
York rolling CCIP, California High Speed Rail, the University of California, Los
Angeles Unified School District, Long Beach Unified School District, Bay Area Rapid Transit (BART),
McCarran Airport, LaGuardia Airport, Los Angeles World Airports, Methodist Hospital, and Christus Health,
Prior to joining Alliant in 2011, Mr. Graham spent 11 years at Aon Risk Services where he was Senior Broker
for the Construction Services Group. Mr. Graham has a Master’s of Business Administration from Pepperdine
University’s Graziadio School of Business and Management and a Bachelors of Arts in Communications from
the University of Washington.
Ty von Hoetzendorff, ARM, CRIS, Vice President | Owner’s Claims Advocacy, OCIP
Ty von Hoetzendorff will provide his technical skills to ensure integrity and success of
the client’s general liability, property and auto insurance programs. Coverage analysis,
additional insured issues, reserve analysis, case law interpretation and claims
administration are a few of the key issues which Ty addresses in order to support the
efficiency of the client’s insurance program.
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
Page 6
Ty has spent the last twenty two years in the insurance industry as a general liability, environmental,
construction defect, and catastrophic loss complex claims adjuster. He is proficient in Construction Related
General liability claims and Construction Defect litigation. His technical advocacy skills combined with his
adept oversight of complex construction litigation issues provide powerful tools that greatly benefit his clients.
He also brings a wealth of coverage expertise to the table in construction related legal matters.
Ty obtained his Bachelors of Science degree in Business Administration from California State University
Northridge.
Maurice “Moe” Davis, CHST, OHST, CRIS, ARM, CRIS, First Vice President | Loss Control
Moe will bring years of professional safety and construction experience to the City to
ensure the integrity and success of Portland’s safety needs. His role will encompass loss
control oversight, safety consulting, development of safety and training programs,
assistance in the review of engineered drawings, OSHA specifications/procedures, on-
site and classroom training and statistical and narrative reports are a small portion of the
services provided. Moe will also interact general and sub-contractors, construction
management groups, OSHA Consultations and insurance carriers on a continual basis.
Mr. Davis’s relevant OCIP experience include: Houston Methodist Hospital, New York Hudson Yards
Redevelopment, Port of Oakland, Hospitals, California Correction Facilities, and The Walt Disney Corporation,
where Moe served as the National Director and over saw a group of consultants and day to day operation for
multi-billion dollar projects.
Moe is a Bi-lingual Risk Control Consultant (English & Spanish) with 35 years of experience in construction,
including 15 years as a safety professional, and the most recent 8 years with Alliant. He is an authorized
instructor for the Region 9, OSHA Training Institute Education Center and served as Course Director for the
OSHA Training Institute @ California State University at Dominguez Hills.
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
Page 7
The table below reflects additional specific information related to the service team that was requested within
the RFP. We have specifically not included estimated hours and other related information for the OCIP portion
of our service team because the Scope of Work for that area is To be Determined:
Team Member
Role
Estimated # of
Hours Devoted
to the City
Percentage of
Staff’s Overall Time
Devoted to the City
Service
Limitations
Current
Number of
Clients
Brian White
P&C / Team Lead
65
4%
None
16
Robert Lowe
P&C / AE - Property
65
4%
None
14
Anne Shackelford
P&C / AE - Casualty
65
4%
None
15
Renee Judge
P&C / Account Manager
85
5%
None
10
Deborah Bovee
P&C / Peer Review
25
1%
None
11
Other Staff /
Clerical
P&C Staff
40
N/A
N/A
N/A
Robert Frey &
Staff
P&C / Claims Advocacy
15
<1%
None
Alliant’s public
entity book.
Tim Leech &
Staff
P&C / Loss Control
10
<1%
None
Alliant’s public
entity book.
C. PROPOSER’S CAPABILITIES
The Proposer must provide the following information pertaining to the experience and expertise of the firm. Describe your
firm's capabilities and resources in relation to this project. Proposers should provide a narrative description of their firm's
capabilities, experience and resources in relation to required work to be performed on this project. Describe in detail:
a)
Services, projects or work performed on large public sector accounts, similar to the City, which demonstrates a minimum
of five (5) years’ experience and best characterizes the firm’s management, organizational capabilities, work quality and
cost control.
Note: To organize our response in a clear and succinct fashion, we have included additional information
specific to our OCIP related capabilities within the appendix.
Alliant occupies a unique space within the brokerage community. We a top 10 broker by US based revenue, but
are a privately owned company, with majority ownership held by employees and the balance by private equity
partners. This empowers us to focus on the longer term needs of our clients in an entrepreneurial, yet financially
secure fashion; without the sometimes unfortunate distractions that can accompany publicly traded companies
and their pursuit of quarterly objectives.
Furthermore, rather than being a generalist to all manner of clientele, we have organized our client relationships
around specific industry niches. While being a specialist by itself is not necessarily unique within the industry,
our leadership position within the spaces we occupy is. The best example of this lies within our Public Sector
practice. We have become such a powerful force on behalf of our clients in this segment, that even our
competitors have entrusted us to place their clients’ insurance. This is particularly true of the Alliant Property
Insurance Program, a proprietary Alliant facility, which we discuss elsewhere in this response. By virtue of the
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
Page 8
program’s success, driven by a comprehensive policy form, competitive pricing, and a commitment to fair and
expeditious claims resolution, Alliant occupies the most valuable brokerage position within the marketplace on
behalf of our public sector clients.
This is why we proclaim that no other brokerage firm brings the depth of public entity brokerage experience,
as well as the volume of specific public entity insurance premium placements to bear in the service of our
clientele. Our public entity practice group was established in 1977 by our present day Chief Executive Officer,
Tom Corbett. Since that time we have emerged as a leader in the space, placing billions of premium dollars into
the insurance marketplace and have more than 10,000 public entity clients. All public entity colleagues work
within the same financial division of Alliant as a single cohesive unit, regardless of physical location. This
incentivizes us to work collectively, not as competitors of one another, which is (perhaps surprisingly) not an
uncommon trait of other national brokerages because they are organized around geography, not specialty. As a
result of this corporate structure, our holistic relationships with underwriters working on public entity risks are
second to none, as is our collective subject matter expertise and the value we deliver to clients.
We are proud of our reputation as a leading public entity specialty broker. This focus has created talented service
teams able to share and expand their public entity experience across the country. Historically known as the
preferred public entity broker on the West Coast, we have expanded our reach and have been selected to provide
broker services for entities located from Alaska to Florida to Maine (48 states in all) where we now provide our
resources and expertise. These clients include:
In the Pacific Northwest: The Port of Portland, Tri-County Metropolitan Transportation District of
Oregon, King County, City and Borough of Juneau and Ketchikan, Cities of Renton, Marysville, Kent,
Kitsap County, the Washington State Transit Insurance Pool, Water & Sewer Risk Management Pool,
the Washington Schools Risk Management Pool and the State of Washington itself.
Over 70% of the cities in California including City and County of San Francisco, Sacramento, San Diego,
Anaheim, Burbank, Huntington Beach, Garden Grove, Santa Ana, Newport Beach, Corona, Fontana,
Covina, Thousand Oaks, Santa Monica, Ventura, and Torrance.
State governments including: State of California, State of Montana, State of Wyoming, State of Nevada,
and the State of Michigan.
Institutes of higher education such as Washington State University, Central, and Eastern Washington
Universities, Linfield College, the California State University system, and University of California
system.
Over 90 governmental self-insured pools across the country including: Association of Bay Area
Governments, Arizona School Risk Retention Trust, Virginia Municipal League, Texas Association of
School Boards, California State Association of Counties Excess Insurance Authority, and Utah Local
Governments Trust.
Below are a few specific examples of things we have been able to do for our clients to enhance their insurance
programs.
King County, Washington: Alliant has been the broker for Washington State’s largest county since 2004.
King County’s insurance and risk management program is complex, diverse, and requires a breadth of
knowledge that matches their diverse exposures. In the fifteen years that we have handled the County’s account,
here are a few of our notable accomplishments:
Excess Liability Improvements: The County’s excess liability coverage is actually a reinsurance based
placement. They have a manuscript policy form that encompasses the majority of the County’s liability
exposures. It is a living document that requires close monitoring. The County’s team has been able to:
Bring new capacity to the placement and accommodate the County’s desire to increase limits purchased,
despite challenging market conditions.
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
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Page 9
Preserve the broad, manuscript coverage, including Automobile, General Liability, Public Officials,
Employment Practices and Medical Malpractice.
Continuously evaluate the coverage conditions and modify the Memorandum of Coverage (MOC) to
reflect the County’s evolving coverage needs.
Adapt the placement to reflect significant loss activity, due to the challenging tort environment within
the State.
Enterprise Cyber Liability Program: Cyber liability is one of the emerging issues that the County and Alliant
have spent a great deal of time focusing on over the last several years. The County’s budget exceeds $11 Billion
annually, and operations are diverse, spanning Public Safety, Streets and Roads, to Health & Human Services
and Judicial Administrative Services. For an entity of the size and complexity of the County, this project has
required an extensive process that has cut across many departments within the County. Alliant has provided the
County with options to purchase up to $50,000,000 limits of coverage on a broad first and third party coverage
form. This is a good example of the breadth of services provided to the County.
Kitsap County, Washington: Kitsap County is a not quite as a large an account as the City of Portland, but
we provide them with similar services as outlined in the City’s RFP. Alliant has had the pleasure of providing
insurance brokerage services for Kitsap County for 10+ years.
Property Value Reviews: A key part of managing of any Property insurance placement is monitoring the
marketplace for industry trends that indicate a need for property value adjustments. As economical
improvements occur, insurance carriers ask for updates to property values to ensure values in a Property policy
are in line with your assets’ replacement cost. Alliant guides clients during the valuation process to build a
schedule of values for your records and for the marketing effort. We provide a worksheet to help gather values
in advance of all renewals. This process is very valuable as it can identify certain locations no longer needing
insurance (i.e. sold building, demolished, etc.). It also reminds clients to add locations that might have been
overlooked or unintentionally undisclosed.
Tri-County Metropolitan Transportation District of Oregon (TriMet): Alliant has been the broker on this
account since 2010 and handles all lines of insurance.
Property Improvements: Alliant places several large bridges in the marketplace with various carriers. We
brought this knowledge and our market relationships to TriMet for the placement of Tilikum Crossing. By
separating this highly engineered bridge into its own placement, we were able to secure:
Earthquake Limits of $75,000,000, dedicated entirely to Tilikum Crossing.
A Flat $750,000 Earthquake deductible (as opposed to a percentage based deductible which would
produce multiples of this amount).
A lower rate than what would have been available under their current placement.
Liability Improvements: Upon completion of the Orange Line, the exposure was added to the existing
Westside Express Service placement. Coverage was strategically placed in this manner due to the limits required
by the Class 1 railroads operating in certain segments of the alignment, relative to those limits carried under the
Public Entity placement. In our negotiations with the railroad markets, Alliant felt strongly that the existing
premium levels for the WES Railroad placement warranted a significant rate decrease with the addition of the
Orange Line exposure. Our approach required extensive marketing and relentless negotiations with some of the
markets initially balking at our target pricing. Much time was spent educating the underwriters on the available
statutory tort protections under the Orange Line, which would be operated by TriMet employees, relative to
WES which is operated by a private contractor. Despite significant resistance from the markets at first, we were
able to add the Orange Line within our target premium, saving tens of thousands of dollars had we accepted the
markets initial pricing view of the exposure.
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
Page 10
City of Renton, Washington: Renton was a long time member of a risk pool for Cities in the State of
Washington. For several reasons including their size relative to fellow pool members and also a desire for
increased claims control, Renton engaged Alliant to assess available non-pooling options. Alliant ultimately
structured a more comprehensive coverage option outside of the pool that was 20% less expensive. This option
also met the goal of providing claims control to the City. Highlights of their improved insurance program
include:
Dedicated Earthquake and Flood Coverage: Renton’s Earthquake and Flood coverage had been shared with
other members of the pool, many of whom were also located in the Puget Sound region. This sharing of limits
presented a risk management dilemma to the City, as it was unclear whether coverage would be available to
them in the case of a catastrophic event.
Other Property Coverage Enhancements: increased “all risk” limit, higher sub-limits for miscellaneous
unnamed locations, property in the course of construction, and errors and omissions.
Liability Enhancements: We added coverage for liability arising out of subsidence related claims and also
failure to supply water. The subsidence issue was especially relevant given historical claims activity involving
land and mudslides in the Pacific Northwest. We also removed sub-limits on liability coverage for sewer back-
ups, terrorism, land use, and airport management.
Washington State Transit Insurance Pool (WSTIP): WSTIP has been a client for nearly twenty years. While
we have had many successes over those years, we will highlight recent examples. At WSTIP’s property renewal,
we completely restructured their insurance program in response to changing market appetites, as well as some
large loss activity that had occurred two years before. By “carving out” the vehicles from WSTIP’s “All Risk”
placement, we were able to insure this exposure via an Inland Marine policy and achieve four notable
improvements: a rate reduction, coverage for vehicles while over the road (a stated goal of WSTIP’s),
replacement cost cover for vehicles 10 years or newer, and a reduced deductible from $500,000 to
$250,000. While the previous manner in which the vehicles were insured had worked well for many years, the
rate had recently become less competitive, which created an opportunity for a new approach to the placement.
Furthermore, we were also able to successfully negotiate the rejoining of certain loss adverse properties (the
Certified Natural Gas “CNG” Refueling stations) to the “All Risk” placement at the average account rate,
resulting in premium savings for WSTIP and the elimination of a separate policy for these locations.
In a subsequent renewal, we made further improvements to these placements by focusing on terms and
conditions, including some suggested form clarifications by WSTIP’s legal counsel, which the carriers agreed
to. Additionally, this year we have reduced the deductible on the CNG locations to match all other locations by
demonstrating to the carrier the client’s improved claims experience and loss control activities.
b)
The firm’s resources available to perform the work for the duration of this project as well as any other on-going projects.
The lead elements of Alliant’s proposed service team and the bulk of the day to day servicing will be based in
Seattle and Portland, Oregon. Additional support will come from senior personnel from other Alliant offices
including Los Angeles and San Francisco. This is consistent with Alliant’s unique organizational structure,
where we organize ourselves by specialty rather than by geography. We can therefore match our resources with
clients based on expertise, rather than rigid geographical territories. Behind the proposed team is a deep bench
of other Alliant public entity experts, all working within the same financial division of the company. This allows
us to seamlessly substitute experienced staff should the unforeseen need arise. The bulk of our proposed team
has all been with Alliant for over ten years and is a very stable group. They have the bandwidth and expertise
to be tremendous assets to improving the City’s insurance program.
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
Page 11
The following is a list of additional relevant in-house services and specialties that would be available to the
City of Portland should Alliant be the chosen broker:
Claims Reporting and Advocacy
Alliant recognizes that the final value of any insurance contract is determined by its response to loss. We also
understand that due to the variability in claims facts and circumstances, and questions that may arise around
causation, that claims are sometimes disputed. For these reasons, we have a brokerage services claims
department staffed by talented personnel that are prepared to advocate on our clients behalf for fair and
reasonable claims resolution. Our Brokerage Claims Department is located in San Francisco, California and is
led by Robert “Bob” Frey. Bob leads a team of seven senior claims professionals.
Other important tasks that our brokerage claims services team will do for the City include: initial reporting,
periodic follow up on open claims, reservation of rights consulting, coverage analysis, assistance in
coordinating property restoration and other professional claims services, adjuster deployment, loss negotiation,
and coordinating claims meetings with key stakeholders. Alliant brokerage claims staff are available to travel
as needed, but especially as a result of catastrophic losses, and for important claims negotiation meetings.
It should be noted that Brian White and other service team members will personally involve themselves on
claims issues, and also strategically involve underwriting management where appropriate. As this is typically a
separate and distinct unit from carrier claims staff, we carefully use this as an additional channel through which
to focus the carrier’s attention during the claims process to derive positive outcomes for our clients.
Public Entity Property and Casualty Benchmarking
Alliant can prepare benchmarking studies for our clients that draw upon information available from our large
public sector client base, carrier and other industry partners, to help them make educated insurance buying
decisions. We tailor these benchmarking comparisons according to line of coverage, and criteria includes
retentions, limits, premium, losses, other program costs, and program structure. While benchmarking studies
are certainly helpful for decision making purposes, we caution that they do not tell a complete story by
themselves because insurance program variability also hinges on other factors such as political climate, budget,
and risk tolerance which are not captured in such reports.
Alliant Catastrophic (“CAT”) Probable Maximum Loss Modeling
Alliant utilizes RMS modeling extensively in the marketing of our placements as we believe it is critical that
both our clients and their brokers placing their business have a firm grasp of the modeling results for perils such
as Earthquake, in order to design the optimal structure of the property insurance placement.
We have included a short summary of the key steps included within the Alliant CAT process:
First Step: Alliant CAT process is implemented to analyze the input data and optimize the primary and
secondary data for input into the RMS model. This is a critical step to ensure that the model output is
credible. A permanent data file is created for the insurance markets so that there is no data lost in
translation from spreadsheet to the modeling program.
Second Step: Alliant utilizes the key PML (probable maximum loss) break points for the 50, 100, 250,
and 500, 1,000, and 2,500 year ‘return events’. We also model and develop the Average Annual Loss by
layer for all of the key breakpoints noted above with further iterations as needed by the placement.
Third Step: Alliant identifies the top 10 location drivers of loss. Further information is collected on these
locations in an attempt to improve modeling results, and drive down the Average Annual Loss, which is
a driving force behind the annual premium cost.
Fourth Step: We will design the program structure and key ‘break points’ in program layering around
the various PML return periods noted above.
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
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Page 12
While we understand that the City utilizes FM Global as its property insurer, it is possible that you have never
seen a PML analysis from FM. This model provides highly valuable information on the “likely” loss that the
City may suffer as well as the “likely” deductible that you will pay. This is extremely valuable information to
have to assist in the proper planning of a major seismic event, as well as determining appropriate market pricing.
Insurance Requirements in Contract (IRIC) Consulting & Training
Alliant has developed a high level of expertise in the practice of contractual risk transfer. We spend many hours
examining client contracts with third parties to ensure that they are written in the most favorable fashion for our
clients. This experience is reflected in the Insurance Requirements in Contracts (IRIC), a Procedural
Manual that we have written, maintained, and placed in the public domain to be used by any public entity.
The purpose of this manual is to serve as a guide in developing and encouraging proper insurance requirements
in contracts. This manual explains how to establish insurance requirements for most contracts, including those
with contractors, professional service providers, tenants, vendors, and users of public property, and how to
verify their compliance with those requirements during the term of the contract. In the appendix, we have
included the Table of Contents to provide the City with an overview of the Manual’s content. Each of the
proposed key service team members is capable of addressing IRIC related questions and also providing an IRIC
training session to the City, which we would make available to you at no additional cost.
Loss Prevention Services
Alliant has a fully staffed, public entity focused, loss control department. Led by Tim Leech, he and his staff of
six can assist in a variety of subject areas. Our loss control team has developed a number of cost inclusive
resources that the City can utilize as follows:
Monthly Webinars: Alliant Risk Control Consulting offers ten property and four casualty webinars per
year at no charge to clients. We have archived past webinars and can provide links to past webinars.
Quarterly News Letter: Topics range from accident forensics, benefits of infrared surveys, roof
inspections, crime prevention, workers’ compensation, cyber and many others.
Industry Alerts: Industry alerts are distributed to help educate our clients on an as needed basis. Most
recently, we distributed an alert on preparing for storms with tools to assist stakeholders prepare for and
mitigate loss from the heavy storm season.
Fact Sheets: We have over 250 fact sheets in our library that can be accessed through Alliant Connect or
through our Risk Control Hotline or email request free of charge.
Videos: Safety videos are provided to Alliant clients upon request. We have hundreds of topics in our
video library.
Power Point Presentations: Over the years, Alliant Risk Control Consulting has developed power point
presentations on a wide array of topics that clients may use.
Safety & Loss Control Services: Alliant’s safety and loss control services help clients identify and
reduce loss exposures. The loss control staff provides a broad spectrum of services and is capable of
designing, implementing and managing a comprehensive loss control program. Below is a description of
some of Alliant’s loss control services available to TriMet, based on specific service needs identified in
the RFP.
On-site visits to determine loss prevention needs: The Alliant Loss Control service team is available
to perform initial and follow-up consultative site visits. Our staff consultants and specialized
subcontractors are available to assess risks and local management concerns as well as recommend loss
prevention needs and action plans that help the site meet important business and risk management goals.
Assistance in fire prevention regulatory compliance: Alliant will review fire sprinkler and fire alarm
systems design, including fire and building code(s), applicable consensus codes (NFPA) and generally
accepted best practices for liability and property insurance/risk management.
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
Page 13
Property Appraisals
Alliant has an appraisal unit available to assist the City in property valuation of insurable assets. Furthermore,
if the City decides to participate in Alliant’s Property Insurance Program, APIP, all buildings with real property
valuations of $5 million or greater are eligible to be appraised at no additional cost every five years. Locations
for buildings with real property values of less than $5 million are available starting at $225 per location.
c)
The firm’s internal procedures and/or policies associated or related to service delivery, work quality and cost control.
Include descriptions of secure web-based tools or other electronic-based customer service processes the firm has
implemented to enhance service and reduce paper-based processes and expense.
To ensure work quality and cost control, Alliant has developed internal document review requirements, audit
protocols, best practice guidelines, and service standard baselines. Below is a summary of these processes, and
at the bottom of this section is a description of our web-based portal tool, which enhances our service
capabilities and reduces the use of paper in our workflow:
Critical Documents Signoff: Staff assigned to each account thoroughly review binders, policies, and
endorsements upon receipt from the carrier to confirm that they are accurate and match the proposed terms and
conditions. Comparisons are conducted on applications, proposals, binders and ultimately the policy and two
signatures are required on Alliant’s Critical Documents Signoff Worksheet before a policy placement can be
considered complete. Signoffs are done both physically by wet signature and by email acceptance of the
documents. A Policy Review Checklist is also utilized to check every policy to ensure agreement with the
proposal. The documents are closely compared to the insurance specifications that were used in the marketing
process and the binding instructions that are provided to the carriers. Signoff by management and the brokers
involved is required before issuance to the City. Once the documents have passed the four levels of review and
have been determined to correctly reflect what was negotiated on your behalf, we will then distribute them to
the City.
Audit Reviews: Alliant’s Risk Management Department conducts regularly scheduled audits of all Alliant
business practices and locations. When a practice is reviewed the work of each person responsible for servicing
a client is reviewed by the audit team. This means that producers, account managers, and account assistants are
subject to review. The target goal of each audit is to review all service personnel on at least 10% of their clients.
Audits have proven to not only be effective in preventing errors but also in further developing best practices
guidelines throughout the company
Best Practices Guidelines: Alliant has published a Best Practice Guidelines on its intranet. Each person
responsible for servicing clients is required to attend training on the Best Practice Guidelines. The Guidelines
include a variety of checklists, not the least of which is for the purpose of checking the accuracy of policies
when they are received. The Best Practices Guidelines are available at any time to Alliant personnel as needed
and include guidelines and compliance information.
Service Standard Guidelines – Shown below is an excerpt from our proposed Service Standards Guidelines
that outlines our proposed service delivery commitment.
Customer Service Product
Customer Service Delivery Benchmark
Phone calls returned
Phone calls received in the morning returned in the morning.
Calls received in the afternoon returned in the afternoon.
E-mails returned
Review regularly (morning and afternoon) and respond within
24 hours to acknowledge receipt.
Summons and complaint
Upon receipt or prior to end of business day.
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Customer Service Product
Customer Service Delivery Benchmark
Claim first report to carrier
Immediate or no later than prior to end of business, even if
complete data is not available.
Claim follow up with carrier and client
Within 24 hours of first report of loss.
Open activities/suspense
Daily.
Pre-renewal letters to client
100 days prior to expiration.
Renewal business applications to market
90 days prior to expiration.
Binders
Same day coverage is bound. If wholesale broker issued, advise
client written confirmation of coverage is on its way.
Agency bill binder billing
No later than the inception date of coverage.
Certificates
Within 24 hours of receipt into the agency.
Policy reviewed for accuracy
Within 10 days from receipt.
Policy delivered to client
Within 10 days from receipt.
Agency bill additional and return
premium endorsements
Within 5 days of receipt into the agency.
Claims review with client
45 days prior to expiration.
Audit review and processing
Within 48 hours of receipt.
Technology that Improves our Performance and Your Insurance Program Outcome
Alliant’s commitment to technology in our business practices is significant, and demonstrated through our
recent designation as an InformationWeek Elite 100 winner. This prestigious designation recognizes the most
innovative users of business technology in the United States.
AlliantConnect
This secure, easy-to-use portal enables you to easily access and manage your insurance information from any
Internet connection at any time. Your customized portal provides you with a transparent view into your
insurance business through easy management and access to all insurance related documents: policies, binders,
invoices, proposals, and certificate issuance, etc. In addition, help with risk control is available through a
comprehensive library of fact sheets, white papers, presentations, and training videos. Important dates,
deadlines, and announcements are also available through the portal, along with direct access to your service
team. All client data is secured to the appropriate account teams, and the database itself and all backups are
stored in an encrypted format. In addition, all document changes are archived for audit history.
Oasys-Net
Alliant’s Oasys-Net property schedule database was developed to help our clients maintain accurate and
detailed information for insurable property and to be able to convey that information to underwriters in an easy
to understand format. Oasys-Net capabilities include: secure web based access; view-only and edit levels
available, tracking construction, occupancy, protection exposure, geo-codes, values, square footage and other
critical location details; paperless updates for insurable property between the City and Alliant, and flexible
reporting capabilities, including export to both Excel & Portable Document Format (PDF). Variance reports are
also available which identify changes over a queried period of time. Annual valuation trending capabilities can
be done on entire schedules according to Marshall & Swift suggested guidelines.
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d)
Ideas you have provided to improve other clients’ insurance and/or self-insurance programs. Provide examples of
innovative techniques that you have recommended to clients which have helped them successfully and cost-effectively
manage a specific obstacle or challenge in their risk management program.
We have provided below specific examples where we helped our clients similar to the City mitigate risk through
innovation, design, leverage, and loss controls.
Cyber Liability for Public Entities: While Cyber Liability is not a new product, it has been a difficult line of
coverage for our clients to access due to the cumbersome and time consuming application process. As a part of
our proprietary property program for public entities, APIP, we have negotiated a $2,000,000 sublimit for both
first and third party liability coverage. This has been done on a cost inclusive basis to our clients, with no
application necessary. This approach, together with an excess placement, enabled the State of Washington to
purchase $5,000,000 in Cyber & Privacy Liability coverage for less than $50,000 annual premium at a
deductible of $100,000. Stand-alone quotes priced this coverage at multiples of this amount and subject to a
$1,000,000 retention. Alliant is also very adept at placing stand-alone Cyber Liability for some of our largest
public sector clients, as evidenced by complex placements made on behalf of King County and the University
of California system.
Business Interruption Coverage for Bridge Tolls: Alliant worked closely with the Washington Department
of Transportation to ensure that the Business Interruption wording for Tacoma Narrows Bridge would protect
the revenue stream to the State from tolls. This required $500,000,000 of both Earthquake and Terrorism
coverage in order to meet the requirements of the bond market. Alliant’s Business Interruption wording from
the APIP program served as the model for the separate Tacoma Narrows Bridge policy. Again, our Specialty
Programs and our understanding of public entity exposures guide us to develop unique policy wordings that
provide our clients comprehensive coverage.
King County Municipal Airport: In the Nisqually earthquake, Boeing Field suffered damage to its runways.
Those runways were not insured for earthquake damage because of FM Global’s high “per location” deductible
and because the County’s earthquake tower was allocated to other essential services. To overcome this lack of
coverage, Alliant removed the airport from the FM policy and placed it in APIP with a separate, dedicated
earthquake limit. The deductible is “per unit” insured and provides the airport with true earthquake coverage,
including the runways.
Infrared Testing Program: A State Agency with a college and university system comprised of 53 campuses
and over 2,000 structures used Alliant Risk Control Consulting infrared testing services on more than 200
structures annually to identify and detect electrical equipment ‘hot-spots’ well before problems occurred. The
client found that Alliant Risk Control Consulting infrared inspections became a key element of a thorough
electrical preventative maintenance program.
The Alliant Risk Control Consulting infrared testing team used a Mikron Model 7102 high resolution infrared
imaging system to test each facility in this group every five to six years to search for hot-spots on electrical
equipment, uncover potential trouble sites, and provide a complete report on the condition of equipment. The
purpose of these surveys was to detect problems within college and university facilities’ electrical equipment
so these problems could be corrected before they caused an unscheduled outage, equipment damage, or a fire.
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The table below describes the costs and estimated return on investment.
Days
of Infrared
testing
Cost per
day
Total cost of
testing/year (A)
Potential property
claims cost identified
per day
Claims cost identified
per year (B)
Annual Return on
Investment
(B)-(A)/(A) X 100%
30 (Y1)
$1,400
$42,000
$40,000
$1,200,000
2,757%
48 (Y2)
$1,400
$67,000
$40,000
$1,920,000
2,757%
Leverage of Alliant’s Group Purchase Programs: The State of Michigan selected Alliant as their broker of
record in 2016. The State’s property was placed with FM Global when we took over as the Broker of Record.
Michigan’s preference was to stay with FM Global rather than participating in Alliant’s programs. In this
instance, we were still able to save the State money on their renewal, enhance the coverage, and get Affiliated
FM to pay for property appraisals on a select number of the State owned property. The underwriter at Affiliated
FM understood that if they were not willing to negotiate Alliant had the ability to move the State into our
exclusive property program, APIP. Without the leverage of our exclusive programs, the savings, coverage
enhancements, and additional services would not have been possible.
e) What is included in your core benefits brokerage and consulting services?
Alliant is a full service brokerage with the abilities to offer an array of services to our clients. Our core services
are: marketing, negotiating and placement of insurance portfolios, and the related administrative tasks that
accompany such work. These tasks include everything from administering applications, creating specifications,
negotiating manuscript policy wording, reviewing quotations and preparing proposals; certifying binders and
insurance policies for accuracy, and providing claims advocacy and support services when losses occur. We
regularly provide our clients consultative assistance in the areas of selecting appropriate retention and limit
levels, and make recommendations around the types of coverage available to address specific risks. We
understand that the City has its own loss control staff, however, our own loss control staff is available to be a
“sounding board” and provide input and help along the way. Your proposed service team is particularly adept
at insurance requirements and risk transfer in the context of contracts with third parties, and will be happy to
assist the City when questions arise in this area. We expect to field a variety of other risk and insurance questions
over the course of our relationship and stand ready to help. Inherent in all of our work for the City, is our
consultative brokerage approach which involves listening and learning from our clients, and applying our
professional experience to design and deliver relevant advice and customized risk transfer solutions. We see
this a continual process, evolving over the course of our partnership as we grow together.
f)
Are other services available? If so, please provide an overview.
Beyond our core services, there are a variety of additional resources available within Alliant, depending on the
particular Scope of Work at hand. Those services identified within the RFP as “premium” are all areas that we
would be comfortable assisting the City with. Key in identifying the best available solution for the City would
be to engage in additional dialogue to fully understand related goals and objectives as they pertain to additional
scope work. Through various specialists available within Alliant, we have the ability to provide actuary services,
claims administration, forensic accounting, captive feasibility and administration, underwriting services, claims
auditing, and business continuity planning. Furthermore, within our public entity group we have a self-
administration practice that administers over 10 governmental pools. We are therefore especially adept at
understanding actuary work, underwriting, premium allocation, and developing relevant loss control programs.
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g) A summary of what differentiates your firm from your competitors.
Culture defines a company. We are quick and nimble with a “roll up our sleeves and get the job done”
entrepreneurial spirit. Your core team has multi-faceted insurance placement abilities. These traits are not
accidental. Many years ago our Chief Executive Officer and Management Team were at a crossroads. They
could have chosen to keep the company’s ownership structure “closely held”, but instead made the decision to
broadly share ownership across employees of many levels. Alliant does not answer to “Wall Street”; we answer
to our clients. We have stakeholders, not shareholders and we are committed to you, for the long run with a
stable, secure team and the resources needed to grow along the way. Key differentiators are as follows:
Private, Employee Owned & Empowered: Alliant has been privately owned since 1925 and our
company has grown more than 16 fold in the last 20 years. That said, it is not a lucky few that have
enjoyed the fruits of the company’s success. 53% of Alliant is owned by a broad and diverse group
of employees. In fact, one in three Alliant employees is a shareholder of the company. The balance of
Alliant stock is owned by private equity, and institutional investors. This combination of ownership
allows us both the necessary financial capacity to grow, and the incentive to be fully focused and
committed on client service in an entrepreneurial environment.
Public Entity Specialist: Alliant is a specialty broker, not a generalist. Our primary focus areas include:
Public Entity, Real Estate, Construction, Healthcare, Marine and Energy. This means that we pursue
client engagements because they are aligned with an identified company niche. By virtue of focusing on
a particular segment of insurance – public entity for example – expertise is fostered through a deep
understanding of our clients’ operations, as well as the insurance markets to which risk is transferred.
Our clients value this knowledge and experience, and it is respected by the carriers with whom we trade.
As a result, we are best positioned to help our clients maximize outcomes.
True National Platform: Alliant is truly unique in how we are structured from an operations standpoint
because all public entity colleagues of Alliant work within the same financial division regardless of
physical location. Intellectual capital relevant to your industry flows freely through a deep bench within
the Alliant network of public entity brokers. This alignment of financial interest compounds the benefits
of specialization by removing what would otherwise be regional profit center boundaries. Alliant has
removed this interoffice financial barrier, and because of that we offer our clients the deepest bench of
intellectual resources within the industry.
h) Indicate the primary physical location from which you will be providing your services. Provide the full address.
Property & Casualty:
1420 5th Avenue, Suite 1500, Seattle, WA 98101
Owner Controlled Insurance Program:
805 SW Broadway, Fox Tower, Suite 480, Portland, OR 97205
D. PROJECT APPROACH AND UNDERSTANDING
The Proposer(s) shall demonstrate a clear and concise understanding of the City’s account by describing and clarifying how
the services described in Ex. 1 Statement of Work will be provided, how work will be performed, the technical and industry
standard methods that will be used to accomplish the work, and, any potential major issues or obstacles, based upon
information provided in this RFP, including attachment materials identified in Part 1, Section C.
Our Defined Client Service and Marketing Process reflects the steps we would take, along with the proposed
timeline, to successfully accomplish the services required within the RFP Exhibit 1, State of Work. This process
is fully customizable to suit each client’s needs, and we have drafted in based on our understanding of the City’s
desired goals; we welcome additional input from you to further shape it. Included below is a graphical depiction
of the process, and we have included a summary of each step along the way to help you better understand they
key elements that make this a successful approach. We are adept at implementing new relationships, and
understand the necessary elements required to produce a seamless transition. We have identified the specific
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tasks that we propose accomplishing within the first 90 days of contract execution within Steps 1 & 2 of the
Process.
TRANSITION PLAN/ANALYTICS & DIAGNOSTICS (within 90 Days of Contract Execution)
While each of the steps of our service and marketing process are equally important, we recognize that given the
potential for our new working relationship with the City, that one of the most immediate and critical pieces of
the project will be Step One (1), the Transition Plan. Below are the key elements:
A.) Introduction of Core Service Team with City, and Discussion of the Defined Client Service and
Marketing Process:
1. Execute Brokerage Services Agreement
2. “Kick off” Meeting with Alliant and City Staff: Alliant has carefully selected a group of senior Public
Entity specialists to work with the City; their proposed roles are addressed in greater detail elsewhere
in this response.
3. Review and discuss the Defined Service and Marketing Process, and tailor it to the City’s needs, based
on your input.
4. Facilitate dialogue between key personnel at Alliant and the City that includes: risk, claims, loss
prevention, accounting and other City stakeholders.
5. Secure Broker Authority: This will include securing a list of all policies and bonds, executing Broker
of Record letters so that we are authorized to work directly with your insurance companies.
6. Build an Open Items List: This list will serve as our initial “road map”, which identifies all open and
closed projects. This list will include:
a. All pending policies and policy endorsements
b. Broker Transition related tasks
c. Open claims
d. On-going contract issues or negotiations
e. Identification and discussion of any coverage issues
f. Discussion of potential new lines of coverage
7. Establish preliminary timelines.
Within 90 Days of
Contract Execution
Within 90 Days of
Contract Execution
120 days prior to renewal
75 days prior to renewal
75 days prior to renewal
60 days prior to renewal
30 days prior to renewal
Prior to renewal
Ongoing
Semi-annually
Transition &
Analysis
Risk &
Coverage
Renewal
Strategy
Submission
Process
Underwriter
Meetings
Negotiations
Renewal
Presentation &
Analysis
Bind
Coverage
Summary &
Open Items
Stewardship
& Planning
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A.) Information and Data Gathering: This includes the review and collection of historical application
materials, actuarial reports, claims data, and financial information; exposure information, policy
wordings, and review publicly available information on the City’s website.
B.) Administration: Refine the annual work plan to include all key stewardship tasks, dates and milestones,
according to the City’s preferences. An important piece of this process is a strategic discussion of key
initiatives, short and long term operational and financial goals as well as risk philosophy and any unique
financial issues.
C.) Risk Identification: This is the first step in an on-going process; we view risk identification as a never
ending task. Integral to this process is Alliant’s commitment to bring the City on-going information on
trends in the public entity insurance/risk management industry and discuss new and emerging products,
such as Cyber Liability and these products applicability to your program.
Our service team will coordinate these activities as unobtrusively as possible for the City and with an eye
towards a smooth and seamless transition process.
RISK & COVERAGE PROFILE (within 90 Days of Contract Execution)
For all coverage, Alliant will develop a Risk Profile which identifies the key exposures and elements of risk by
operation and policy. The Risk Profile enables us to make educated recommendations about the type and levels
of insurance necessary to properly retain and/or transfer risk identified in the transitional analytics and
diagnostics phase of the process. In turn, the City will then be able to make insightful decisions about its
insurance related purchases. Not all transferable risks require insurance; however, it is through thoughtful
consideration that surprises are eliminated and conscientious decision making is achieved.
RENEWAL STRATEGY MEETING (120 days prior to renewal)
At least 100 days before your major renewal date(s), we will coordinate a Renewal Strategy Meeting to:
Review our Risk and Coverage Analysis, the resultant Risk Profile and the adequacy of your current
insurance portfolio.
Update the City on the current insurance market.
Discuss recent renewal results for similar clients.
Provide an analysis of viable underwriter alternatives, their capacity, and deductible preferences.
Obtain your thoughts on the desirability of any particular market, i.e., your past history with that carrier,
the carrier’s financial rating, etc.
Provide renewal pricing ranges.
Suggest a renewal timeline and renewal options.
We will incorporate all of these issues into the Open Items List.
UNDERWRITING SUBMISSION & PRESENTATION (75 days prior to renewal)
We take great pride in developing our underwriting submissions. Your underwriters will have confidence that
our submission portrays your unique risks and operations correctly and in a clear and easy to understand format.
Our goal is to distinguish you from your peers. We do so by creating professional underwriting presentations
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that demonstrate your unique risk characteristics, exposures, and loss prevention strategies. The underwriting
submission and presentation materials will be available to the market at least 75 days prior to your renewal date.
UNDERWRITER MEETINGS (75 days prior to renewal, and throughout the year)
We will coordinate all underwriter meetings benefiting the City and our renewal strategy. Where possible, we
will attempt to schedule these at your office, if desirable. As such meetings can be particularly time consuming,
they may not be practical to do each year; however, when done well they can make the difference between an
average outcome and a truly outstanding result.
NEGOTIATIONS (60 days prior to renewal)
To execute a successful renewal, we focus on two key areas: canvassing the market and exploring options. At
our Renewal Strategy Meeting, we will have reviewed the listing of market options, solicited your input and
agreed to those to be approached. We will review alternative limits, retentions and coverage structures. We will
provide you with weekly renewal updates to keep you informed and to get your feedback and thoughts on the
underwriters’ responses.
RENEWAL PROPOSAL & ANALYSIS (30 days prior to renewal)
While we understand our clients need a “bottom line” comparison of available renewal options, it is also
important that we demonstrate the intricate details of each quotation. Therefore, our renewal proposals feature
both an executive summary and a detailed coverage comparison section. The City can expect that interactive
discussion around available options including our recommendations and corresponding rationale will
accompany our proposal.
BIND COVERAGE (Prior to renewal)
Once you have reviewed your renewal options and have selected an alternative, we will immediately process
the following documents, all designed to be completed before your renewal date:
Confirmations of Coverage
Certificates of Insurance
Claims Reporting Instructions
Program Limits Charts
DESK REFERENCE & OPEN ITEMS REPORTS (Prior to renewal)
\
We will create a Desk Reference that will include insurance summaries of the coverage’s bound, claims
reporting instructions and contact information for your dedicated service team. Our quarterly Open Items
Reports and meetings are formalized events helping both of us and your underwriters to stay focused on
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unresolved items as well as to discuss new risks or operational issues. Communicating in this fashion ensures
that none of the details will be lost.
STEWARDSHIP REPORT/STRATEGIC PLANNING MEETING (Prior to renewal)
The Stewardship Report and Strategic Planning Meeting are designed to evaluate our performance, review the
results of your renewal, discuss any new operations or acquisitions you are contemplating, identify new and
emerging risks, update you on recent market conditions/trends, and plan our next renewal strategy meeting.
SUMMARY
We appreciate you taking the time to review our Defined Client Service and Marketing Process, which details
specific activities related to transitioning your insurance to us, and ensuring that we deliver on the agreed upon
Scope of Services. This strategic framework allows us to effectively market your renewal as your risk exposures
and profile evolves. Through this process, you will have an opportunity to evaluate our performance, from
which we will collaborate on increasing the likelihood of favorable renewal outcomes for your organization.
E. CORPORATE RESPONSIBILITY
All Proposers shall address the following in their proposals:
A. STATE OF OREGON COBID CERTIFICATION http://www.oregon4biz.com/How-We-Can-Help/COBID/
1. Please indicate in your response if your firm is currently registered with the State of Oregon as a COBID
(D/M/W/SDV/ESB) certified firm.
Alliant itself is not COBID certified by the State of Oregon as a disadvantaged minority-owned, woman-owned
or emerging small business.
B. WORKFORCE DIVERSITY AND COMMUNITY INVOLVEMENT
Alliant has established a Diversity and Inclusion committee to spearhead this important initiative. The
committee’s mission is create a diverse and inclusive environment where all perspectives are heard, valued and
respected by cultivating an inclusive culture that encourages collaboration, flexibility and fairness so all
employees can contribute to their full potential. The committee consists of four subgroups: Awareness,
Training, Mentoring, and Employee Resource Groups. Together,
they work towards achieving the committee’s three main goals:
weave diversity and inclusion throughout the entire talent cycle,
increase diversity in leadership, and enhance diversity and
inclusion awareness across the organization.
Alliant's CEO, Tom Corbett, has pledged both his support and that
of Alliant to CEO Action for Diversity & Inclusion. This pledge
is the largest CEO-driven business commitment to advance
diversity and inclusion within the workplace. "Alliant is deeply
committed to fostering a diverse and inclusive workplace in which
we actively pursue and promote mutual respect and cooperation.
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The CEO Action for Diversity and Inclusion commitment aligns with our core values. We are proud to pledge
our support."- Tom Corbett.
The following reflect additional efforts the company is making in the areas of Diversity, Inclusion, Employee
Compensation, and Community involvement:
Our Diversity Mentorship Program was developed with the goal of sharing experiences, career advice,
and advancing the career of the mentee and has been revitalized over the past several years to great
success. Alliant employees are invited to apply as a mentor or mentee on our accessible AlliantNet
internal website. Alliant also supports several Employee Resource Groups, grassroots groups formed by
employees for employees across all demographics- race, national origin, gender, sexual orientation,
disability, education, geography, military status, religion, etc.
Alliant also recognizes the value of alternative work schedules, allow flexible work hours, or
telecommuting options. These benefits allow Alliant to remain a competitive option for employees of
different backgrounds and abilities, furthering our efforts to increase our diversity in hiring. Alliant
employees enjoy a wide range of outstanding company benefits.
Alliant supports its employees by providing competitive, living wages, and benefits through a total
compensation and value proposition philosophy. Each year Alliant’s executive leadership will assess and
establish a merit increase budget to remain competitive and retain exceptional employees. In addition,
Alliant has established an incentive program for the purpose of rewarding employees upon the successful
completion of individual or organization goals and objectives.
Each year Alliant evaluates its benefits package with the help of external consultants and makes necessary
changes in order to ensure a comprehensive benefit package is offered to employees. Aliant’s plans are
designed to allow our employees to choose the best coverage for them and their families. We are
particularly pleased to offer our Employee Assistance Program, a confidential counseling service
designed to help employees or their family members with a wide range of personal, emotional, and
financial issues. This benefit is automatic and is paid for 100% by Alliant.
Since 1925, the Alliant organization has gone through
countless changes and evolutions. One constant: our
unyielding dedication to building up the communities
we serve. In just one example, hundreds of Alliant
employees from across the nation joined together to
take a bite out of world hunger this past October in the
first-ever World Food Derby. The companywide event,
which centered upon World Food Day on October 16,
saw employees take part in a broad range of volunteer
and fundraising efforts to fight hunger on both a local
and global level.
D.
SUSTAINABLE BUSINESS PRACTICES
1.
List the top five actions/ongoing practices your firm has implemented to reduce the environmental impacts of your
operations (e.g., energy efficiency, use of recycled content or non-toxic products, use of public transit or alternative fuel
vehicles, waste prevention and recycling, water conservation, green building practices, etc.).
We have included a list below of our most successful sustainable business practices. These ongoing practices
highlight our corporate interest in being good stewards of our natural resources, and commitment to being
socially responsible and environmentally sound. We will continue to add to this list as new opportunities for
improvement are identified.
Recycle Bins in all public locations including employee offices and cubicles. (Implemented 2006 / 100%
compliance.)
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Utilization of recycled, Forest Stewardship Council, approved paper. (Implemented 2010; 100%
compliance.)
Utilize local vendors/products to minimize transportation emissions. (Implemented 2012; estimated 70%
compliance.)
Utilize Fair Trade Companies which emphasizes environmentally friendly processes, fair wages, healthy
working environments and gender equality while promoting economic development in disadvantaged
communities throughout the world. (Implemented 2014; estimated 50% compliance.)
Leasing office spaces in LEED Certified Buildings (Leaders in Energy and Environmental Design).
(Implemented 2013; 30% compliance.)
We make energy efficiency a design priority on all new construction, i.e., sensor lights, lighting hardware,
use of natural light, etc. (Implemented in 2014. 100% compliance.)
F. PROPOSED COST
The Proposer(s) proposal shall include the Proposer’s true estimated cost to perform the work (Refer to Exhibit 1, Statement
of Work) irrespective of the City’s budgeted funds for this work.
a)
Describe your proposed form of compensation (i.e., commission, annual retainer, fee-for-service).
b)
Specify which services are included in this compensation and which services would require additional fees.
Core Broker Services
Alliant is proposing a fixed annual fee of $80,000 for the Core Broker Services identified within the RFP as
Exhibit 1, Statement of Work. Our preference is to exclude notary and other miscellaneous bonds, and special
event policies (if any) from the broker fee. The annual fee would be subject to a 2% Cost of Living Adjustment.
Premium Broker & Owner Controlled Insurance Program Services
Alliant is a full service broker with the capabilities necessary to provide Portland with a variety of services
beyond those designated as “Core” in Exhibit 1, Statement of Work, within the RFP. The cost of these services
designated as “Premium” and “OCIP” will vary according to several factors, including: desired depth and scope
of work, relevant necessary expertise, and length of project. Alliant commits to working in good faith with the
City to develop additional scopes of work, and to negotiate fair and reasonable pricing for such additional
services.
The City is particularly interested in transparency on the part of the broker with regard to all sources of compensation related
to this contract. The proposal shall provide the firm’s policies, procedures and processes pertaining to how the following will
be provided to the City:
Transparency & Disclosure
Alliant embraces a policy of transparency with respect to its compensation from insurance transactions, and we
commit to not accepting any commissions and/or additional compensation for the performance of services
within the scope of the contract with the City. We provide copies of underwriting quotes to those clients that
request them, should the City desire independent verification of no further compensation to Alliant.
Furthermore, the City can elect to be excluded from contingent related commissions earned by Alliant. We have
separately provided suggested transparency and disclosure wording for our written agreement, should we be so
fortunate as to be the selected broker.
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G. SUPPORTING INFORMATION
a)
Proposers may opt to include sample materials that are representative of the support provided to existing and prior clients
of similar services.
b)
Provide at least two examples of your success in negotiating favorable insurance rates and coverage for your clients.
The following recent examples of our success in negotiating favorable insurance rates and coverage for clients:
1.) A Port in the Pacific Northwest (>$3 Billion in Total Insurable Values)
The client’s incumbent carrier effectively declined to offer a renewal due to organizational mandates
on July 1, 2019. Alliant widely marketed the placement, both to stand-alone carriers worldwide, and
also through Alliant’s Property Insurance Program (APIP). Your proposed service team was deeply
involved in this process. We strategically engaged the President of Alliant, and also the President of
our wholesale partner, in order to maximize the potential for success in the face of a very difficult
market position. The results were positively dramatic. We secured $150M in Earthquake (EQ)
coverage, and perhaps more importantly were able to retain the client’s maximum deductible of $10M
for the peril of EQ. From a cost standpoint, the closest comparable option available in the market was
a $50M limit for the peril of EQ, subject to a maximum deductible of $50M. Making the final result that
much more extraordinary, the EQ deductible of $10M maximum was suggested to be “fully exposed”
according to RMS and AIR Probable Maximum Loss modeling.
2.) A County in California (>100,000 Employees)
This is another recent example that your proposed service team played a major role in. A large county
in Southern California is one of the nation’s largest and most complex entities, covering more than 800
square miles, and a population of more than ten million. The County communicated a desire to secure
stand-alone Sexual Abuse and Molestation insurance for inappropriate acts by County employees. The
reason behind the need was to carve out this specific exposure from the Excess Liability program and
create two distinct programs in an effort to help reduce the Total Cost of Risk. Given the County’s
adverse loss experience in this area in the past, Alliant knew that it would not be an easy task but was
confident that it could get the job done. The sheer size of the County initially scared off many markets,
as they felt that the exposure was too large and complex to effectively underwrite. Alliant persisted,
and worked closely with County Risk Management staff for several months to secure loss and exposure
information, short-term and long-term vision for the program, developed a plan for implementation and
identified a budget for the program. Using the gathered information, your team negotiated with the
marketplace over several months to help underwriters understand the full extent of the exposure and
make them comfortable with the County’s risk control measure and their efforts to minimize the overall
exposure. Alliant was able to secure the desired coverage for the County, resulting in a stand-alone
placement covering all misconduct by County employees and placed the coverage at 20% below the
initial budget.
H. Owner Controlled Insurance Program
Alliant’s Construction Services Group is the largest single specialty area of our company. We have grown
tremendously in this area over the last 10 years by creating a thriving platform which has attracted the most
talented professionals in this segment of the business. Please refer to the Appendix for specific information
regarding our OCIP related capabilities.
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
Page 25
I. REFERENCES
Provide at least three (3) current references, and at least one (1) entity the proposer no longer does business, References should be public
entity clients similar to our size and insurance portfolio needed, within the last five (5) years.
Tri-County Metropolitan Transportation District of
Oregon (TriMet)
State of Washington
Contact/Title:
Andrew Wilson, Director,
Risk Management
Contact/Title:
Jason Siems, Risk Manager
Phone:
(503) 962-6412
Phone:
(360) 407-8729
E-Mail:
wilsonan@trimet.org
E-Mail:
jason.siems@des.wa.gov
Address:
1800 SW 1st Ave #300, Portland,
OR 97201
Address:
1500 Jefferson St SE, Olympia,
WA 98501
Service Dates:
2012 – Present
Service Dates:
2013 – Present
Alliant Team
Members:
Brian White, Anne Shackelford,
Deborah Bovee
Alliant Team
Members:
Brian White, Anne Shackelford,
Deborah Bovee
Services:
Property & Casualty insurance
broker for all lines of coverage,
claims advocacy and
general risk management
consulting services.
Services:
Property & Casualty insurance
broker for all lines of coverage,
claims advocacy and
general risk management
consulting services.
Port of Portland
California Joint Powers Risk Management
Authority (CJPRMA)
Contact/Title:
Jimmy Porter, Risk Manager
Contact/Title:
Tony Giles, General Manager
Phone:
(503) 415-6428
Phone:
(925) 290-1316
E-Mail:
james.porter@portofportland.com
E-Mail:
tony@cjprma.org
Address:
7200 NE Airport Way, Portland,
OR 97208
Address:
3201 Doolan, Livermore CA 94551
Service Dates:
2016 – Present
Service Dates:
2016 – Present
Team Members:
Deborah Bovee, Brian White,
Renee Judge
Alliant Team
Members:
Robert Lowe
Services:
Property insurance broker, claims
advocacy and general risk
management consulting services.
Services:
Property, pollution, cyber liability,
drone liability insurance broker,
claims advocacy, and general risk
management consulting services
including IRIC review.
Metro
Contact/Title:
Bill Jemison, Risk Manager
Phone:
(503) 797-1622
E-Mail:
william.jemison@oregonmetro.gov
Address:
600 NE Grand Ave., Portland, OR 97232
Service Dates:
2014 – 2017
Team Members:
Seth Cole
Services:
Property, claims advocacy and general risk management consulting services.
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
APPENDIX
B. Owner Controlled Insurance Program Capabilities
C. Insurance Requirements in Contracts Table of Contents
D. Sample Casualty Specifications
E. Required Documents
Written Statement of No Redaction
Exhibit 2 – D/M/W/SDV/ESB Participation Disclosure Form 1
Addenda
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
APPENDIX
A. Owner Controlled Insurance Program Capabilities
Please refer to the following page(s).
OWNER CONTROLLED INSURANCE PROGRAM CAPABILTIES
Alliant Construction Services Group
In 2011, Alliant realigned its Construction practice and brought together the nation’s leading construction
risk advisors, all solely dedicated to being the broker of choice for owners, developers and contractors.
This team of professionals has built the premier construction brokerage firm in the United States and is a
key component of Alliant’s mission of being the nation’s leading specialty insurance broker.
The Construction Services Group has grown rapidly since its formation to over 500 employees focused
solely on the construction industry segment with over 100 specialists in the wrap-up group. Because we
are growing so rapidly, we are continuously adding talented staff to support that growth. Alliant is not a
firm that is cutting expenses and struggling to serve its clients. Rather, we are growing because we serve
our clients well and that allows us to continue to add staff to support that growth.
We currently have 110 active wrap-up programs representing more than 1,000 projects. Our large
support staff allows us to adequately service our clients across the country. Alliant will leverage our
experienced Portland and West Coast team, deep market relationships, and superior technology to
place and implement an OCIP program that will exceed the City’s expectations. Alliant’s assigned team
has a great deal of experience in public sector OCIP programs as well as water and sewer projects
specifically. That experience includes the Echo Water project in Sacramento, San Jose’s Regional
Wastewater Facility, and Orange County Sanitation District among others.
Key Personnel
Team Member/
Title
Years
Experience
Service Team
Role
Primary Responsibilities
Jim Holobaugh
Regional Director
Los Angeles CA
20+
OCIP Program
Director
Responsible for delivering the OCIP Scope of
Services
Cherri Weatherford
OCIP Program Manager
Portland OR
20+
Wrap-up
Program
Manager
Overall management of OCIP administration
process and program performance on a day-
to-day basis
Sherry Deaver
Program Administrator
Portland, OR
20+
OCIP Program
Administration
Responsible for day-to-day OCIP
administration and contractor support
Craig Graham
Senior Vice President
Los Angeles, CA
20+
OCIP Marketing
Assist with marketing, policy review and
coverage questions
Ty Von Hoetzendorff
Construction Claims
Los Angeles, CA
20+
General Liability
Claims
Owner’s advocate for general liability claims
Moe Davis
Director of Loss Control
Los Angeles, CA
25+
Senior Risk
Control
Consultant
OCIP Safety Management resource and
support
Program Administration
The Alliant OCIP administration platform is highly automated, capable of handling an unlimited number
of contactors and designed to free up our administration team to focus on high value-added tasks such as
contractor insurance cost analysis, customer service and problem resolution. WrapX is the Alliant’s
proprietary RMIS system and the platform from which Alliant administers controlled insurance programs.
WrapX is the key component in enforcing common procedures, eliminating errors and providing detailed
management reports for proper program oversight. It is a paperless solution with 24/7, real-time, online
access for the City and its contractors. We show the key administration processes and roles and
responsibilities below:
OCIP Administration Roles & Responsibilities
City
Alliant Carrier Contractors
Review Owner’s OCIP Insurance Addendum
X
Include OCIP Insurance Addendum in Contract Language
X
X
Develop and Distribute Insurance Manual
X
Issue Notice of Award
X
Set-up Project in Alliant WrapX
X
Set-up Owner Reports in WrapX
X
Distribute WrapX Username and Passwords
X
Provide WrapX Training as Needed
X
Submit Required Enrollment Information
X
Enroll Contractors
X
Issue Certificates of Insurance
X
Issue Policies to Contractors
X
Distribute WrapX Reports
X
Issue Notices to Delinquent Contractors
X
Resolve Delinquent Issues with Non-Compliant Contractors
X
X
X
Review Key Monthly Reports
X
X
X
Conduct Periodic Administrative Review Meetings
X
X
Claims Management
Alliant’s role as the Owner’s claims advocate is to focus on more complex claims to reduce the Owner’s
cost of risk. We are involved with the selection of the carrier’s adjuster to ensure the adjuster possesses
the necessary experience and understands the manner in which the Owner needs to be involved in the
claims process. Alliant will facilitate a high-degree of communication between the carrier, Alliant and the
Owner so that the appropriate special service instructions are implemented and followed.
Alliant’s focus will be on applying our expertise where we add the most value and assist in reducing the
Owner’s cost of claims.
The key areas in which our claims team will support OCIP program are as follows:
•
Evaluating the claims capabilities and staff of carriers competing to underwrite the OCIP
•
Ensuring that the carrier assigns a highly experienced and effective team to the account
•
Working with the Owner and the selected carrier in developing Special Service Instructions (SSI)
•
Providing oversight of the carrier’s claims team to ensure continuous, high-quality service to the
City with a focus on cost containment.
•
Facilitating a high-degree of communication between Alliant, the carrier’s claims team and the
Owner
•
Carrier claims adjuster oversight
•
Advising the Owner on more complex claims with regard to settlement and litigation
•
Maintaining loss data and analyzing losses for any trends
•
Focusing on the reduction of litigated claims by conducting quarterly litigation reviews with the
Owner, carrier, and legal counsel
•
Conducting quarterly claims reviews as necessary
Loss Control
Alliant’s loss control approach for the project has three primary components:
-
Loss Control Program Design
-
Loss Analysis and Improvement Strategies
-
Field Loss Control Oversight
We have a consultative, value-added approach to all three components that leverages our loss control
team’s knowledge and experience and is most cost-effective for our clients. General contractors
ultimately have primary responsibility for safety and are in the best position to manage it. Our team of
loss control advisors will assist in the design of the program, provide value-added statistical analysis and
recommendations throughout the course of construction and can provide on-site field monitoring to
supplement the efforts of contractors should it be necessary.
Alliant’s safety team has designed loss control programs for a wide variety of project owners and general
contractors. This upfront effort is key to establishing controls, standards, and procedures that will result
in a safe work site. Our program design efforts will include:
•
Development of Project Safety Standards
•
Incident Protocols
•
Hazard Assessment Requirements
•
Roles and Responsibilities
•
Substance Abuse Programs
•
Training Programs
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
APPENDIX
B. Insurance Requirements in Contracts (IRIC) Table of Contents
Please refer to the following page(s).
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
APPENDIX
C. Sample Casualty Specifications
Please refer to the following page(s).
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
D. Required Forms
Written Statement of No Redaction
Exhibit 2 – D/M/W/SDV/ESB Participation Disclosure Form 1
Addenda
Please refer to the following page(s).
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
D. Required Forms
Written Statement of No Redaction
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
A. COVER LETTER
January 6, 2020
City of Portland
Attn: DeEtte Wolfe, Sr. Procurement Specialist
1221 SW 4th Avenue, Room 110
Portland, OR 97204
Submitted Via: BuySpeed
Response to Request for Proposals (RFP) No. 00001378 for Insurance Brokerage Services
Dear DeEtte Wolfe,
Thank you for the opportunity to respond to the City of Portland’s (the City) Request for Proposal (RFP) for
Insurance Brokerage Services. We have drafted a comprehensive response that demonstrates the depth of our
experience and our desire to begin a relationship with the City.
Established in 1925, Alliant is a privately held Delaware corporation (November 12, 1997) headquartered in
Newport Beach, California with the Tax ID #33-0785439. Alliant is the leading public entity broker in the
Western U.S. with over 10,000 public entity clients. In the Portland area these include: Tri-County Metropolitan
Transportation District of Oregon and the Port of Portland.
Our nationally focused public entity practice allows us to design and deliver superior insurance and risk
management programs. We have a reputation as an aggressive client advocate and are innovative in our
methodology to problem solving. Challenges and opportunities are addressed by taking a focused, consultative
approach, with frequent communication, to first understand the issue at hand and then to craft a solution to
achieve your goals. With this approach, the wealth of our professional expertise, and our strong relationships with
public entity insurers and reinsurers we can tackle any brokerage challenge presented.
I, Brian White, am authorized to represent Alliant in any negotiations and sign any contract that may result. We
are requesting no redactions in our response. Our City of Portland Business Tax Registration Account No. is
81492. Alliant is not a COBID certified firm. We confirm compliance with Portland’s Equal Benefits Program,
and EEO Certification. Alliant has operated under its current name since 2006. From 2006-2001 the company
operated as Driver-Alliant Insurance Services, Inc. Before 2001 the company operated as R.F. Driver Company.
We appreciate the opportunity to present our qualifications and stand ready to answer any questions that may arise
as you review our response. Our clients are our best advertisement and we encourage the City to investigate our
success in developing unique and innovative programs with our references.
Sincerely,
Brian White, First Vice President – Point of Contact
1420 5th Avenue, Suite 1500, Seattle, WA 98101
bwhite@alliant.com | www.alliant.com
(206) 204-9126 (Direct); (206) 204-9205 (Fax); (415) 203-5983 (Mobile)
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
D. Required Forms
Exhibit 2 – D/M/W/SDV/ESB Participation Disclosure Form 1
EXHIBIT 2
MWESB PARTICIPATION DISCLOSURE FORM 1
The City’s disclosure program is used to document the utilization of Oregon certified Minority, Women
and Emerging Small Businesses (M/W/ESBs) on City projects.
This Request for Proposal (RFP) requires submission by the Proposer of the City’s M/W/ESB
Participation Disclosure Form 1. Proposers must disclose the following information with their proposal
response:
1)
Contact information and Employer Identification Number (EIN or FED ID#) for all contract
participants
2)
State of Oregon M/W/ESB designation. (Verify current certification status with the Office
of
Minority,
Women,
and
Emerging
Small
Business
at
http://egov.oregon.gov/DCBS/OMWESB/index.shtml)
3)
The proposed scope or category of work that the Proposer and any subcontractors will
be performing
4)
The dollar amount of the Proposer’s self-performing work and of all subcontractors’
contract(s)
5)
Percentage of total contract amount allocated to Oregon certified M/W/ESB participation
Report all amounts in United States Dollars (USD). The use of ‘TBD’, ‘N/A’, or similar symbols is not
acceptable. All requested information must be provided.
If the Proposer will not be using any subcontractors, the Proposer is still required to enter its own
information in the appropriate section and to indicate “NONE” in the subcontractor section of the
accompanying form and submit the form with its proposal.
FAILURE TO SUBMIT THE City’s M/W/ESB PARTICIPATION DISCLOSURE FORM 1 WITH THE PROPOSAL
MAY RESULT IN THE PROPOSAL BEING FOUND NON-RESPONSIVE AND REJECTED FROM
CONSIDERATION
EXHIBIT 2
CITY OF PORTLAND
M/W/ESB PARTICIPATION DISCLOSURE FORM 1
This Request for Proposal requires submission by the Proposer of the following information and presented on this
M/W/ESB PARTICIPATION DISCLOSURE FORM 1. Proposers must disclose the following information:
Please print all information clearly.
Proposer Name: ____
___________
Proposer’s Total Cost: $____ ___________
Project Name: _____
_____ __________ RFP Number:
_____
Contact Name: __________________________Phone: ____________ Email: ________________________
Percentage
of
total
contract
amount
allocated to Oregon certified M/W/ESB
participation
(Proposer & subcontractors
added together)
%
PROPOSER INFORMATION
(Please Print)
M/W/ESB
SCOPE / TYPE
OF WORK
SELF-
PERFORMING
AMOUNT
Firm Legal Name:
Email:
Phone #:
Fax#:
FED ID OR EIN # (No SS#):
$
SUBCONTRACTOR INFORMATION
(Please Print)
M/W/ESB
SCOPE / TYPE
OF WORK
SUBCONTRACT
AMOUNT
Firm Legal Name:
Email:
Phone #:
Fax#:
FED ID OR EIN # (No SS#):
$
Firm Legal Name:
Email:
Phone #:
Fax#:
FED ID OR EIN # (No SS#):
$
Firm Legal Name:
Email:
Phone #:
Fax#:
FED ID OR EIN # (No SS#):
$
NOTE:
1)
The Proposer and all subcontractors must be listed on this form. Leave M/W/ESB column blank if firm is not confirmed
as currently certified through the State of Oregon Office of Minority, Women, and Emerging Small Business:
http://egov.oregon.gov/DCBS/OMWESB/index.shtml .
2)
If the Proposer will not be using any subcontractors, please indicate “NONE” in the Subcontractor Information section of
this form.
3)
Do not enter Social Security numbers on this form.
NONE
Alliant Insurance Services, Inc.
Insurance Brokerage Services RFP
00001378
Brian White
(206) 204-9126
bwhite@alliant.com
Alliant Insurance Services, Inc.
bwhite@alliant.com
33-0785439
(206) 204-9126
(206) 204-9205
N/A
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 00001378
CITY OF PORTLAND | JANUARY 6, 2020
D. Required Forms
Addenda
An Equal Opportunity Employer
To help ensure equal access to programs, services and activities, the Office of Management & Finance will reasonably
modify policies/procedures and provide auxiliary aids/services to persons with disabilities upon request.
Lester Spitler
Chief Procurement Officer
Procurement Services
1120 SW Fifth Avenue, Rm 750
Portland, OR 97204-1912
(503) 823-5047
FAX (503) 865-3455
TTY (503) 823-6868
CITY OF PORTLAND
OFFICE OF MANAGEMENT AND FINANCE
Ted Wheeler, Mayor
Tom Rinehart, Chief Administrative Officer
Michelle Kirby, Interim Chief Financial Officer,
Bureau of Revenue and Financial Services
December 23, 2019
ADDENDUM NO. 01
RFP No. 000001378
FOR
INSURANCE BROKERAGE SERVICES
Bids or Proposals Due: January 6, 2020
By: 4:00 pm
This addendum provides changes to the specifications for the above-entitled project to be considered by each
respondent. This addendum shall be included within the proposal. Any changes made by this addendum to
said specifications offset only the portion of the words or paragraphs specifically mentioned herein, and the
balance of the specifications remain in full force. It is the responsibility of all respondents to conform to this
addendum.
1.
QUESTIONS AND ANSWERS: The following are for clarification only and do not make any changes
to the RFP document.
A.
QUESTION: What is the motivation for conducting this RFP?
ANSWER: The City of Portland felt it was an appropriate time to review new proposals for the broker
contract based upon the length of time the existing contract has been in place.
2.
B. QUESTION: Whereas written proposals shall ‘not exceed twenty-five (25) pages, excluding
required submittal documents”, is the cover letter considered part of the 25 pages, or is it considered
a required document?
ANSWER: It is required and not part of the page count.
3.
C.
QUESTION: Is the Project Team information considered part of the 25-page count?
ANSWER: Yes, this is part of the page count. Please be succinct.
D.
QUESTION: Regarding your RFP’s section C. Broker Premium Services, it’s noted that these
services “are to be priced separately from the services listed under Core Broker Services.” Given that
many of these services will involve separate project plans and resources, and little is known about
this at this time, does the City expect pricing guidelines to be provided at the time of our written
response submission?
ANSWER: The City would expect that such services, (if and when determined), would be offered to
the Proposer and a determination of pricing would occur at that time. As a result, pricing is not
required at the time of the Proposer response submission.
4.
E. QUESTION: Regarding your RFP’s ‘Section C. Broker Premium Services’ in what timeframe
does the City expect these services to be performed? During the first year of engagement?
ANSWER: The City of Portland Risk Management Division is purposefully enacting significant
changes to broaden and strengthen overall risk management activities throughout the City. Many
such premium services described support this program desire, and as such are intended to initiate
upon enactment of the brokerage services. However, many initiatives and premium services listed
are long-term activities, and the intention is not that the services will be completed within the first
year, but rather, initiated and an on-going support being offered.
CITY OF PORTLAND
OFFICE OF MANAGEMENT AND FINANCE
Ted Wheeler, Mayor
Tom Rinehart, Chief Financial Officer
Michelle Kirby, Interim Chief Financial Officer, Bureau of
Revenue and Financial Services
5. F.
QUESTION:
Regarding the City’s interest in ‘a City-wide ERM program’, what kind of program exists today? If any,
how mature is it? What are the current initiatives supporting it?
ANSWER: The City, through Risk Management, has embarked on an ERM pilot, to date with a
singular bureau. Utilizing the ISO 31000 framework, the pilot has completed education and training,
a significant risk assessment and risk register, risk appetite statements and ongoing communication
and tracking of identified risks. Supported by the Chief Administrative Officer’s office, this pilot may
slowly incorporate additional bureaus within the City.
6.
G. QUESTION: How has the City determined how much risk to retain versus how much to
transfer? How confident is the City with this determination?
ANSWER: The City manages closely loss occurrences and incoming risks, and with this knowledge
collaborates closely with our external auditor for appropriate reserve funding of the Insurance and
Claims Fund. The City’s insurance program is reviewed at least annually to determine appropriate
scope of transfer which may be available, to include setting of SIR’s. The City’s confidence in this
area may be reported as high.
7.
H. QUESTION: Will the City select a single broker for the entire scope of Exhibit 1, Statement of
Work, or may the City elect to work with two or three different brokers? (e.g. for Broker Core Services,
Broker Premium Services and OCIP).
ANSWER: The City desires strongly a single broker for core and premium services. The City is
hopeful, for the sake of efficiency, that such broker in addition provide services for the OCIP, however
this is not a requirement.
8.
I. QUESTION: In reference to the entirety of Exhibit 1, Statement of Work, how well is the current
delivery of these services meeting the needs of the City?
ANSWER: The current delivery of services identified in Exhibit 1, Statement of Work, are adequate.
9.
J. QUESTION: Are any of the services listed in the Statement of Work not previously provided by
the incumbent broker?
ANSWER: No
10.
K. QUESTION: In reference to the entirety of Exhibit 1, Statement of Work, what does the City
consider to be the most important opportunities for improving the delivery of these services?
ANSWER: Insurance program options and possible changes, noting the current and likely ongoing
premium increases across such markets. Coverage questions and collaboration with memoranda,
policy review. Evaluation of alternative risk-transfer methods. Annual Insurance Summary and
Program Report by coverage.
11.
L. QUESTION: What kind of communication do you have with your insurance underwriters? Where
and how often do you typically meet with them?
ANSWER: Minimal, and typically within renewal conversations.
12.
M. QUESTION: As the City considers the next 1-3 years, what risk or emerging risk is the most
concerning? What are your plans to address it?
ANSWER: Cyber risk, environmental impacts, political risks, and inability to provide necessary City
services.
13.
N. QUESTION: What kind of benchmarking reports does the City receive today? How useful are
they?
ANSWER: Minimal benchmarking reports are received.
14.
O. QUESTION: What financial models and/or analytics does the City use to make risk management
decisions? How effective are they?
ANSWER: City Risk typically utilizes financials concerning the Insurance and Claims Funds, viewing
CITY OF PORTLAND
OFFICE OF MANAGEMENT AND FINANCE
Ted Wheeler, Mayor
Tom Rinehart, Chief Financial Officer
Michelle Kirby, Interim Chief Financial Officer, Bureau of
Revenue and Financial Services
claim history and projections, tied with internal allocations for risk management decisions. The
initiation of the ERM pilot will bring in additional analytics to allow for more risk-based decision
making.
15.
P. QUESTION: Who will participate in the RFP evaluation committee?
ANSWER: No. Risk Manager, Insurance and Loss Prevention Manager, Interim CFO, Treasury
Manager, Claims Manager, OCIP Manager, Business Operations Manager.
16.
Q. QUESTION: Is there a DBE requirement in the construction contracts?
ANSWER: The DBE goal for construction contracts is twenty percent (20%).
17.
R. QUESTION: Does the City expect proposers to agree to pay the City’s premium if the City fails to
do so? 6.1.3 seems to obligate “Contractor” to hold the City harmless for the very premiums that
Contractor will be negotiating on the City’s behalf. Please clarify.
ANSWER: The City does not expect our broker to pay City premiums on insurance that we purchase
through them. Paragraph 6.1.3 is boilerplate for our service contracts. The word “premium” in this
paragraph does not refer to the cost of the insurance that we purchase. Rather, it refers to additional
costs over and above any agreed amounts that the City may be required to pay due to the negligence
of the Contractor.
Please direct all questions and concerns to DeEtte Wolfe at 503-823-6829.
End of Addendum
Lester Spitler
Chief Procurement Officer
ls:ddw
CITY OF PORTLAND
CONTRACT No. 30007278
for
INSURANCE BROKERAGE SERVICES
As authorized by PCC 5.68 this Contract is made effective on April 15, 2020 (“Effective Date”) by and between
the City of Portland (“City”), a municipal corporation of the State of Oregon, and Alliant Insurance Services,
Inc. (“Contractor”), a Delaware corporation, by and through their duly authorized representatives. This Contract
may refer to the City and Contractor individually as a “Party” or jointly as the “Parties.”
The initial Term of this Contract shall be from the Effective Date through April 14, 2025, with the City’s option
to extend for an additional five (5) years, for a total not to exceed ten (10) years.
Party contacts for this Contract are:
For City of Portland:
For Contractor:
Name: Patrick Hughes
Name: Brian White
Title: Risk Manager
Title: First Vice President
Address: 1120 SW 5th Ave., Ste. 1040
Address: 1420 5th Ave., Ste. 1500
Portland, OR 97204
Seattle, WA 98101
e-mail: Patrick.Hughes@portlandoregon.gov
e-mail: bwhite@alliant.com
Copy to: DeEtte Wolfe, Sr. Procurement Specialist Copy to: Deborah Bovee
Procurement Services
e-mail: dbovee@alliant.com
1120 SW 5th Ave., Suite 1040
Portland, OR 97204
Scope and Consideration:
(a)
Contractor shall perform the Services and provide the Deliverables set forth in the Statement of Work by
the due dates specified in the Contract.
(b) City agrees to pay Contractor a sum not to exceed $392,500.00 for accomplishment of the Project.
(c) Payments shall be made to Contractor according to the schedule identified in Exhibit A, Contractor’s Price.
Recitals:
WHEREAS, to further its government operations, the City of Portland desires to contract for Insurance
Brokerage services (the “Project”); and
WHEREAS, the City issued Request for Proposal (RFP) 00001378 for Insurance Brokerage Services
City of Portland Contract #30007278
Project #124937
WHEREAS, Contractor, in its Proposal dated January 6, 2020 and submitted in response to the City’s RFP
represented that it has the knowledge, experience, and expertise in insurance and risk management; and
WHEREAS, the City selected Contractor based on its Proposal;
THE PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1
DEFINITIONS (10/19)
General Definitions. (11/18) These definitions apply to the entire Contract, subsequent Amendments, and any
Change Orders, unless modified in an Amendment. If any definition contains a substantive provision
conferring rights and/or obligations upon a Party, then effect shall be given to the substantive provision.
“Acceptance” (10/19) means the Deliverable demonstrates to the City’s satisfaction that the Deliverable
conforms to and operates according to the Acceptance Criteria, and if required, has successfully completed
Acceptance review, and for Deliverables not requiring Acceptance Testing that the Deliverable conforms to the
Acceptance Criteria or the City’s Specifications.
“Acceptance Criteria” (11/18) means functionality and performance requirements determined by the City, based
upon the Specifications, which must be satisfied prior to City’s Acceptance of a Deliverable. City and
Contractor shall agree upon written Acceptance Criteria.
“Acceptance Date” (11/18) means the date on which the City issues an Acceptance Certificate for the
Deliverable(s).
“Affiliates” (11/18) means, for Contractor, any individual, association, partnership, corporation or other entity
controlling, controlled by, or under common control. The term “control” means the power to direct or cause the
direction of the management and policies of an individual or entity, whether through the ownership of voting
securities, by contract, agreement or otherwise.
“Amendment” (12/18) means a written document required to be signed by both Parties when in any way
altering the Master Terms and Conditions of the Contract, Contract amount, or substantially altering a
Statement of Work.
“Business Day” (11/18) means a twenty-four hour day, excluding weekends and City holidays, beginning at
midnight and ending at midnight twenty-four hours later.
“Calendar Day” (11/18) means a twenty-four hour day, including weekdays, weekends and holidays, beginning
at midnight and ending at midnight twenty-four hours later.
“Change Order” (12/18) means a document, agreed and signed by both Parties, that changes an existing
Statement of Work or Task Order. Change Orders cannot change Contract amount or Master Terms and
Conditions.
City of Portland Contract #30007278
Project #124937
“Confidential Information” (08/19) means any information that is disclosed in written, graphic or machine-
recognizable form and is marked or labeled at the time of disclosure as being Confidential or its equivalent, or,
if the information is in verbal or visual form, it is identified as Confidential or proprietary at the time of
disclosure, or a reasonable time thereafter. Information shall always be considered Confidential Information,
whether or not it is marked or identified as such, if it is described by one or more of the following categories:
(1) non-public financial, statistical, personnel, human resources data or Personally Identifiable Information as
described in the Oregon Consumer Identity Theft Protection Act; (2) business plans, negotiations, or strategies;
(3) unannounced pending or future products, services, designs, projects or internal public relations information;
(4) trade secrets, as such term is defined by ORS 192.345(2) and the Uniform Trade Secrets Act ORS 646.461
to 646.475; (5) information which is exempt from disclosure per Oregon Public Records Law; (6)
attorney/client privileged communications; (7) information which is exempt per federal laws (including but not
limited to copyright, HIPPA); and (8) information relating to or embodied by designs, plans, configurations,
specifications, programs, or systems including without limitation, data and information systems, any software
code and related materials and processes, Customizations, Configurations, Updates, Upgrades; and any
Documentation. Confidential Information does not include any information that: is or becomes publicly known
through no wrongful or negligent act of the receiving Party; is already lawfully known to the receiving Party
without restriction when it is disclosed; is, or subsequently becomes, rightfully and without breach of this
Contract or any other agreement between the Parties or of any applicable protective or similar order, in the
receiving Party’s possession without any obligation restricting disclosure; is independently developed by the
receiving Party, as shown by reasonable written documentation, without breach of this Contract; or is explicitly
approved for release by written authorization of the disclosing Party.
“Contract” (11/18) means the Master Terms and Conditions including all exhibits, attachments and schedules
and their constituent parts listed in the Order of Precedence or incorporated by reference.
“Contract Price” (10/19) means the not-to-exceed price agreed upon by the Parties for all Services.
“Deliverable(s)” (11/18) means the Services, Documentation or documents or tangible work products described
in the Statement of Work to be provided to the City by Contractor under this Contract.
“Documentation” ( 10/19) means user manuals and other written materials in any form that describe the features
or functions of the Deliverables and Services, including but not limited to published specifications, online
instructions and help, marketing materials, technical manuals, and operating instructions provided by Contractor
to the City, or readily available to the public, or as required to be produced by Contractor subject to the terms of
this Contract.
“Defect” (10/19) means any error, problem, condition, bug, or other partial or complete inability of a Service,
Deliverable or component thereof, to operate in accordance with the applicable Specifications.
“Final Acceptance” (11/18) means the City has determined that all Deliverables have successfully completed
Acceptance Testing, which demonstrates to the City’s satisfaction that all Deliverables conform to and operate
according to the Acceptance Criteria, applicable Documentation, and Contractor’s representations; and that for
Deliverables not requiring Acceptance Testing, that the Deliverables conform to the Acceptance Criteria or the
City’s specified requirements.
City of Portland Contract #30007278
Project #124937
“Force Majeure Event” (11/18) means an exceptional and unavoidable occurrence beyond the reasonable
control of the affected Party, such as, riots, epidemics, war, government regulations, labor disputes, fire, natural
phenomena, or other causes beyond such Party’s reasonable control.
“Intellectual Property Rights (IPR)” (11/18) means any patent rights, copyrights, trade secrets, trade names,
service marks, trademarks, trade dress, moral rights, know-how and any other similar rights or intangible assets
to which rights of ownership accrue, and all registrations, applications, disclosures, renewals, extensions,
continuations, or reissues of the foregoing now or hereafter in force.
“Key Personnel” (11/18) means the specific individuals identified in Section 3.11 to fill Key Positions.
“Key Position” (11/18) means a job position critical to the success of the Project as identified in Section 3.11 of
this Contract.
“Master Terms and Conditions” (11/18) means the body of text from the preamble through the signature page of
this Contract.
“Material Breach” (11/18) means any breach of this Contract that causes, caused, or may cause substantial harm
to the non-breaching Party or substantially deprives the non-breaching Party of the benefit it reasonably
expected under this Contract.
“Personally Identifiable Information (PII)” (11/18) means information that can be used on its own or with other
information to identify, contact, or locate a single person, or to identify an individual in context, as described in
the Oregon Consumer Identity Theft Protection Act.
“Project” (10/19) means the overall delivery of the Services including, without limitation, design, development,
integration, implementation, testing, support, and any Deliverables any of which Contractor may be providing
in whole or in part.
“Proposal” (10/19) means Contractor’s response to the City’s RFP referenced on page one of this Contract.
“Services” (10/19) means ordinary or professional services performed by Contractor under this Contract.
“Specifications” (10/19) means the most current cumulative statement of capabilities, functionality, and
performance requirements for the System and its components as set out in the Acceptance Criteria, Change
Orders, the Statement of Work, Documentation, Contractor’s representations, Contractor’s Proposal and
Proposal Clarifications, and the City’s Request for Proposals.
“Statement of Work” (SOW) (10/19) means the written detailed specifications of the Services(s) to be delivered
to the City by Contractor, including any Change Orders or Task Orders subject to the terms and conditions of
this Contract.
“Subcontractor” (11/18) means any person or entity under the control of Contractor, other than an employee of
Contractor, utilized by Contractor to perform all or part of this Contract.
“Term” (11/18) means the period of time that this Contract is in effect as stated on page one.
City of Portland Contract #30007278
Project #124937
SECTION 2
ORDER OF PRECEDENCE
2.1 Order of Precedence. (09/17) In the event there is a conflict or ambiguity between the terms and
conditions of one portion of this Contract with another portion of this Contract, the conflict or ambiguity
will be resolved in accordance with the order of precedence below. This order of precedence designates
which portion of the Contract takes precedence over the other for purposes of interpretation. Contractor’s
hyperlinks contained herein will not supersede or alter the Master Terms and Conditions. For the
avoidance of doubt, no other terms and conditions will override the Parties’ obligations in the
Confidentiality, Indemnification, or Choice of Law provisions in these Master Terms and Conditions. In
this Contract the order of precedence shall be:
1. Amendments
2. Master Terms and Conditions
3. Exhibit A, Contractor’s Price
4. Exhibit B, Statement of Work
5. Exhibit C, City RFP No. 00001348
6. Exhibit D, Contractor’s Proposal
SECTION 3
GENERAL AND ADMINISTRATIVE PROVISIONS
3.1 Term. (09/17) This Contract shall begin on the Effective Date and end upon the expiration date set forth
on page one of this Contract unless terminated or extended under the applicable Contract provisions.
3.2 Point of Contact. (09/17) Contractor shall be the sole point of contact for the City with regard to this
Contract and the System.
3.2.1 Written Notifications. (10/18) All notices to, and other written communication between the Parties
shall be deemed received five (5) Business Days after being sent by first class mail, or upon receipt
when sent by courier services, or by e-mail. All notices and written communications shall be sent
to the Parties set forth on page 1 of the Contract, or to such other places as they may designate by
like notice from time to time. Each Party shall provide written notice of any changes to the Party’s
contacts within thirty (30) Calendar Days.
3.3 Changes to Contract.
3.3.1 Amendment of the Contract. (06/19) Any changes to the provisions of this Contract shall be in the
form of an Amendment. No provision of this Contract may be amended unless such Amendment
is approved as to form by the City Attorney and executed in writing by authorized representatives
of the Parties. If the requirements for Amendment of this Contract as described in this section are
not satisfied in full, then such Amendments automatically will be deemed null, void, invalid, non-
binding, and of no legal force or effect. The City reserves the right to make administrative
changes to the Contract unilaterally, such as extending option years and increasing compensation.
An administrative change means a written Contract change that does not affect the substantive
rights of the Parties.
City of Portland Contract #30007278
Project #124937
3.3.2 Change Orders to a Statement of Work. (12/18) The City and Contractor can agree to make
changes, at any time to a Statement of Work in the form of a Change Order. Contractor agrees to
timely alter the delivery of Services accordingly. If such changes materially increase or decrease
Contractor’s obligations, the Parties shall execute an Amendment to the Contract, and if the
amount of such adjustment is not calculable as a function of hours or tasks, the Parties shall
negotiate in good faith a modified amount.
3.4
Time is of the Essence. (06/19) The Parties agree that time is of the essence as to the delivery of
Deliverables and performance of Services under this Contract. By executing this Contract and accepting the
Statement of Work, Contractor agrees that the time limits specified in the Statement of Work are reasonable. By
accepting late or otherwise inadequate performance of Contractor’s obligations, the City will not waive its
rights to require timely performance of Contractor’s obligations thereafter.
3.4.1 Late Delivery. (10/19) In the event that any specified delivery date is not met, Contractor shall be
liable for any loss, expense, or damage resulting from delay in delivery or failure to deliver
Deliverables or provide Services which is due to any cause except as set forth in Force Majeure.
In the event of delay due to any such cause, the City may obtain substitute Services from another
source and bill all additional costs directly to Contractor who shall remain financially liable for
all additional acquisition costs.
3.4.2 Best Efforts. (10/19) Contractor shall use best efforts to minimize any delay in the provision of
Deliverables or performance of Services. If Contractor anticipates any delay that may prevent
timely performance of Contractor’s obligations under this Contract, Contractor shall promptly
notify the City, including the anticipated length of the delay, the cause of the delay, measures
proposed or taken to prevent or minimize the delay, and the timetable for implementation of such
measures.
3.5
City Reporting Requirements. (12/18) The City is required to track certain types of contract data for
reporting purposes. Items which the City must report on may include, but are not limited to,
Subcontractor utilization, Minority, Women, Emerging Small Business, Service-Disabled Veteran
Business Enterprise (D/M/W/ESB/SDVBE) participation and Subcontractor/Supplier Payment. The City
will enforce all diversity in workforce and D/M/W/ESB/SDVBE subcontracting commitments made by
Contractor in its Proposal/Quote.
3.6
Payment. (09/17) Payment(s) shall be in accordance with the payment schedule set forth in Exhibit A:
Contractor’s Price.
3.6.1 Payment shall be issued by the City net thirty (30) Calendar Days from receipt of a complete and
acceptable invoice from Contractor. Contractor invoices must contain Contractor’s name and
address; invoice number; date of invoice; Contract number and date; description of Products
and/or Services; quantity, unit price, (where appropriate), and total amount; City-required
reporting, if any, and the title and phone number of the person to whom payment is to be sent.
The City may stipulate how line items are entered on an invoice to ensure compatibility with the
City’s accounting and financial systems and to facilitate payment to Contractor.
City of Portland Contract #30007278
Project #124937
3.6.2 The City makes payments via electronic fund transfers through the Automated Clearing House
(ACH) network. To initiate payment of invoices, Contractor shall execute the City’s standard
ACH Vendor Payment Authorization Agreement. Upon verification of the data provided, the
ACH Vendor Payment Authorization Agreement will authorize the City to deposit payment
directly into specified Contractor accounts with specified financial institutions. All payments
shall be made in United States currency.
3.7
Payment of Taxes/Contractor Shall Withhold. (09/17) Contractor shall, at its own expense, timely (a)
pay all salaries, wages, and other compensation to its employees; (b) withhold, collect, and pay all
applicable federal, state, and local income taxes (domestic or foreign), FICA, Medicare, unemployment
insurance and any other taxes or charges in connection with its employees; and (c) provide and pay for
workers compensation insurance and any statutory or fringe benefits to employees. Contractor shall be
solely responsible for all such obligations for its employees. Contractor shall also ensure that any
Subcontractor shall comply with the foregoing obligations for its employees. The City shall have no
duty to pay or withhold such obligations.
3.8
Records and Audits (06/19)
3.8.1 Records Retention. (06/19) Contractor shall maintain current financial records in accordance with
Generally Accepted Accounting Principles (GAAP). Contractor agrees to maintain and retain and
retain all financial records, supporting documents, statistical records and all other records
pertinent to this Contract during the term of this Contract and for a minimum of six (6) years after
the expiration or termination date of this Contract or until the resolution of all audit questions or
claims, whichever is longer.
3.8.2 City Audits. (06/19) The City, either directly or through a designated representative, may conduct
financial and performance audits of the billings and Products or Services at any time in the course
of the Contract and during the records retention period listed above. Audits shall be conducted in
accordance with generally accepted auditing standards as promulgated in Government Auditing
Standards by the Comptroller General of the United States Government Accountability Office.
3.8.3 Access to Records. (06/19) The City may, on a confidential basis, examine, audit and copy
Contractor’s books, documents, papers, and records relating to this Contract at any time during
the records retention period listed above upon reasonable notice. Copies of applicable records
shall be made available on a confidential basis, and for review and not retention, upon request.
3.9
Overpayment. (09/17) If an audit discloses that payments to Contractor were in excess of the amount to
which Contractor was entitled, then Contractor shall repay the amount of the excess to the City. Under
no circumstances will the payment of previous invoices constitute an acceptance of the charges
associated with those invoices.
3.10
Independent Contractor. (09/17) Contractor is independent of the City and, accordingly, this Contract is
not entered into as a joint venture, partnership, or agency between the Parties. No employment or
agency relationship is or is intended to be created between the City and any individual representing
City of Portland Contract #30007278
Project #124937
Contractor. Employees of Contractor and any authorized Subcontractors shall perform their work under
this Contract under Contractor's sole control.
3.11
Personnel.
3.11.1 Key Positions and Personnel. (09/17) For the period of performance until Final Acceptance has
been completed, the Parties have identified Key Positions and Key Personnel as set forth in the
table below, along with the percentage of their time to be allocated to the City’s Project:
3.11.2 Substitution of Key Personnel. (09/17) Contractor shall make no substitutions of Key Personnel
unless the substitution is necessitated by law, illness, death, resignation, or termination of
employment. Contractor shall notify the City within ten (10) Calendar Days after the occurrence
of any of these events.
Any substitutions or replacements of Key Personnel require the written approval of the City.
Contractor shall provide the City with the maximum possible period of notice of substitution or
replacement of Key Personnel in order to allow for background screening, fingerprint checks,
and other investigation as may be required in Section 3.11.3.
For any proposed substitute or replacement Key Personnel, Contractor shall provide the
following information to the City: a detailed explanation of the circumstances necessitating the
proposed substitution or replacement, a complete resume for the proposed substitute(s), and any
additional information requested by the City. Proposed substitutes or replacements should have
qualifications comparable to or better than those of the persons being replaced. No change in
Contract prices may occur as a result of substitution or replacement of Key Personnel.
3.11.3 Security Requirements for Personnel. (09/17) If required by the City, Contractor shall conduct a
criminal history/records check of all personnel that will have access to City information,
systems, or payments and ensure ongoing security requirements for personnel are maintained.
3.12
Termination. (06/19) The following conditions apply to termination of this Contract. The City, on thirty
(30) Calendar Days’ written notice to Contractor, may terminate this Contract for any reason in the
City’s sole discretion. In the event of such termination, the City shall pay to Contractor the portion of
the not-to-exceed price attributable to all Deliverables Accepted or Services performed and Accepted
through the effective date of the termination. In the event of termination all of Contractor's Work
Product to date shall be delivered to the City, and it will become and remain property of the City.
Name
Title/Role
% of Time
Company
Brian White
P&C/Team Lead
4%
Alliant
Robert Lowe
P&C/AE-Property
4%
Alliant
Anne Shackelford
P&C/AE-Casualty
4%
Alliant
Renee Judge
P&C/Account Manager
5%
Alliant
Deborah Bovee
P&C/Peer Review
1%
Alliant
Robert Frey
P&C/Claims Advocacy
<1%
Alliant
Tim Leech
P&C/Loss Control
<1%
Alliant
City of Portland Contract #30007278
Project #124937
3.13
Mutual Agreement. (09/17) The City and Contractor, by mutual written agreement, may terminate this
Contract at any time.
3.14
Material Breach. (09/17) Either Party may terminate this Contract in the event of a Material Breach of
this Contract by the other. Prior to such termination, however, the Party seeking the termination shall
give to the other Party written notice to cure the Material Breach and of the Party's intent to terminate.
If the Party has not entirely cured the Material Breach within thirty (30) Calendar Days of the notice,
then the Party giving the notice shall have the option to: (a) terminate this Contract by giving a written
notice of termination, (b) seek any remedies in this Contract, in law, or at equity, to the extent not
otherwise limited by the terms of this Contract, or (c) any combination thereof.
3.15
Force Majeure. (09/17) Either Party may terminate this Contract due to a Force Majeure event as set
forth in Section 5.12, Force Majeure.
3.16
Bankruptcy. (09/17) The City may terminate this Contract if Contractor: (a) becomes insolvent, makes a
general assignment for the benefit of creditors; (b) suffers or permits the appointment of a receiver for
its business or assets; (c) becomes subject to any proceeding under any bankruptcy or insolvency law
whether domestic or foreign, and such proceeding has not been dismissed within a sixty (60) Calendar
Day period; or (d) has wound up or liquidated, voluntarily or otherwise.
3.17
Void Assignment. (09/17) In the event that Contractor assigns its obligations under this Contract to a
third party in a manner other than as set forth in Section 5.7, Assignment, the City shall have the option
to terminate this Contract without any notice or cure period or further obligation to Contractor or the
assignee, and promptly receive a refund for fees paid for Products delivered and/or Services performed
by the third party.
3.18
Waiver. (09/17) No waiver of any breach of this Contract shall be held to be a waiver of any other or
subsequent breach of this Contract. The failure of either Party to insist upon any of its rights under this
Contract upon one or more occasions, or to exercise any of its rights, shall not be deemed a waiver of
such rights on any subsequent occasions.
3.19
Severability. (09/17) Any section of this Contract which is held or declared void, invalid, illegal or
otherwise not fully enforceable shall not affect any other provision of this Contract and the remainder of
this Contract shall continue to be binding and of full force and effect. This Contract shall be binding
upon and inure to the benefit of the City and its successors and assigns.
3.20
Business Tax Registration. (09/17) Contractor shall register for a City of Portland business license as
required by Chapter 7.02 of the Code of the City of Portland prior to execution of this Contract.
Additionally, Contractor shall pay all fees or taxes due under the Business License Law and the
Multnomah County Business Income Tax (MCC Chapter 12) during the full term of this Contract.
Failure to be in compliance may result in payments due under this Contract to be withheld to satisfy
amount due under the Business License Law and the Multnomah County Business Income Tax Law.
City of Portland Contract #30007278
Project #124937
3.21
EEO Certification. (09/17) Contractor shall be certified as an Equal Employment Opportunity
Affirmative Action Employer as prescribed by Chapter 5.33.076 of the Code of the City of Portland and
maintain its certification throughout the term of this Contract.
3.22
Non-Discrimination in Benefits. (09/17) Throughout the term of this Contract, Contractor shall provide
and maintain benefits to its employees with domestic partners equivalent to those provided to employees
with spouses as prescribed by Chapter 5.33.077 of the Code of the City of Portland.
3.23
Sustainability. (12 /18) Pursuant to the City’s Sustainable City Principles, which direct City Bureaus to
pursue long-term social equity, environmental quality, and economic vitality through innovative and
traditional mechanisms, Contractor is encouraged to incorporate these Principles into its scope of work
with the City wherever possible. Therefore, in accordance with the Principles and the City's Sustainable
Procurement Policy, it is the policy of the City of Portland to encourage the use of Products or Services
that help to minimize the human health and environmental impacts of City operations. Contractor is
encouraged to incorporate environmentally preferable Products or Services into its work performance
wherever possible. "Environmentally preferable" means Products or Services that have a lesser or
reduced effect on human health and the environment when compared with competing products or
services that serve the same purpose. This comparison may consider raw materials acquisition,
production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the
Product or Service.
3.24
Packaging. (09/17) All packaging should be minimized to the maximum extent possible without
compromising product quality. The City encourages packaging that is reusable, readily recyclable in
local recycling programs, is made from recycled materials, and/or is collected by Contractor for
reuse/recycling.
3.25
News Releases and Public Announcements. (09/17) Contractor shall not use the City seal or other
representations of the City in its external advertising, marketing, website, or other promotional efforts,
nor shall Contractor issue any news release or public announcements pertaining to this Contract or the
Project without the express written approval of the City. Such approval may be withheld in the City’s
sole discretion. Contractor shall not use the City seal without specific written permission from the City
Auditor.
3.26
Rule of Construction/Contract Elements/Headings. (09/17) This Contract has been drafted by the City in
the general format by the City as a convenience to the Parties only and shall not, by reason of such
action, be construed against the City. Section headings are for ease of reference and convenience only
and shall not affect or enter into the interpretation of any portion of this Contract.
3.27
Survival. (09/17) All obligations relating to Confidential Information; indemnification; publicity;
representations and warranties; remedies; proprietary rights; limitation of liability; and obligations to
make payments of amounts that become due under this Contract prior to termination or expiration shall
survive the termination or expiration of this Contract and shall, to the extent applicable, remain binding
and in full force and effect for the purposes of the ongoing business relationship by and between
Contractor and the City.
City of Portland Contract #30007278
Project #124937
3.28
Permissive Cooperative Procurement. (09/17) Pursuant to ORS 279A.215, as additional consideration
for this Contract, Contractor agrees to extend an option to purchase any Products or Services covered
under this Contract at the same prices as are specified in Exhibit A: Contractor’s Price, and under the
same terms and conditions, to all public agencies. Each public agency shall execute its own contract
with Contractor and Contractor and any such public agency shall have the option to negotiate their own
terms and conditions.
SECTION 4
STATUTORY REQUIREMENTS, PUBLIC RECORDS AND CONFIDENTIALITY
4.1
Governing Law and Jurisdiction. (09/17) This Contract shall be construed according to the laws of the
State of Oregon without reference to the conflict of laws’ provisions. Any litigation between the City
and Contractor arising under this Contract or out of work performed under this Contract shall occur, if
in the state courts, in the Multnomah County Circuit Court, and if in the federal courts, in the United
States District Court for the District of Oregon.
4.2
Public Records Request. (09/17) Contractor acknowledges that the City of Portland is subject to the
Oregon Public Records Act and Federal law. Third persons may claim that the Confidential
Information Contractor submitted to the City hereunder may be, by virtue of its possession by the City,
a public record and subject to disclosure pursuant to the Oregon Public Records Act. The City’s
commitments to maintain certain information confidential under this Contract are all subject to the
constraints of Oregon and federal laws. All information submitted by Contractor is public record and
subject to disclosure pursuant to the Oregon Public Records Act, except such portions for which
Contractor requests and meets an exemption from disclosure consistent with federal or Oregon law.
Within the limits and discretion allowed by those laws, the City will maintain the confidentiality of
information.
4.3
Public Records. (09/17) The City will retain one (1) copy of any public records for the express purposes
of complying with State of Oregon and Portland City Code public records and archiving laws.
4.4
Confidentiality.
4.4.1 Contractor’s Confidential Information. (08/19) During the term of this Contract, Contractor may
disclose to the City, certain Contractor Confidential Information pertaining to Contractor’s
business. Contractor shall be required to mark Confidential Information CONFIDENTIAL with
a restrictive legend or similar marking. If CONFIDENTIAL is not clearly marked, or the
Contractor’s Confidential Information cannot be marked with a restrictive legend or similar
marking or is disclosed either orally or by visual presentation, Contractor shall identify the
Confidential Information as confidential at the time of disclosure or within a reasonable time
thereafter. This Contract itself shall not be considered Confidential Information. Subject to
Section 4.2, the City shall: (1) limit disclosure of Contractor Confidential Information to those
directors, employees, contractors and agents of the City who need to know the Contractor
Confidential Information in connection with the City Project and who have been informed of
confidentiality obligations at least as strict as those contained in this Contract, and (2) exercise
reasonable care to protect the confidentiality of the Contractor Confidential Information, at least
to the same degree of care as the City employs with respect to protecting its own proprietary and
confidential information.
City of Portland Contract #30007278
Project #124937
4.4.2 City’s Confidential Information. (08/19) Contractor shall treat as confidential any City
Confidential Information that has been made known or available to Contractor or that Contractor
has received, learned, heard or observed; or to which Contractor has had access. Contractor shall
use City Confidential Information exclusively for the City’s benefit in the performance of this
Contract. Except as may be expressly authorized in writing by the City, in no event shall
Contractor publish, use, discuss or cause or permit to be disclosed to any other person such City
Confidential Information. Contractor shall (1) limit disclosure of the City Confidential
Information to those directors, officers, employees, subcontractors and agents of Contractor who
need to know the City Confidential Information in connection with the City Project and who
have agreed in writing to confidentiality obligations at least as strict as those contained in this
Contract, (2) exercise reasonable care to protect the confidentiality of the City Confidential
Information, at least to the same degree of care as Contractor employs with respect to protecting
its own proprietary and confidential information, and (3) return immediately to the City, upon its
request, all materials containing City Confidential Information, in whatever form, that are in
Contractor's possession or custody or under its control. Contractor is expressly restricted from
and shall not use the Intellectual Property Rights of the City without the City’s prior written
consent.
4.4.3 Scope. (09/17) This Contract shall apply to all City Confidential Information previously
received, learned, observed, known by or made available to Contractor. Contractor's
confidentiality obligations under this Contract shall survive termination or expiration of this
Contract.
4.4.4 Equitable Relief. (12/18) Contractor acknowledges that unauthorized disclosure of City
Confidential Information will result in irreparable harm to the City. In the event of a breach or
threatened breach of this Contract, the City may obtain injunctive relief prohibiting the breach, in
addition to any other appropriate legal or equitable relief. The Parties agree that,
notwithstanding any other section of this Contract, in the event of a breach or a threatened breach
of Contract terms related to Confidential Information or Intellectual Property Rights, the non-
breaching Party shall be entitled to seek equitable relief to protect its interests, including but not
limited to injunctive relief. Nothing stated herein shall be construed to limit any other remedies
available to the Parties.
4.4.5 Discovery of Documents. (06/19) In the event a court of competent jurisdiction orders the release
of Confidential Information submitted by one Party, the other Party will notify the Party whose
Confidential Information is being requested to be disclosed of the request. The Party receiving
the request shall allow the other Party to participate in the response at its own expense. Each
Party will comply with any effective court order.
SECTION 5
CONTRACTOR PERFORMANCE AND WARRANTIES
5.1
General Warranties. (09/17) Contractor makes the following warranties:
City of Portland Contract #30007278
Project #124937
5.1.1
Capacity. (09/17) Contractor warrants it has the legal authority and capacity to enter into and
perform this Contract.
5.1.2
Authority to Conduct Business. (08/19) Contractor warrants it is lawfully organized and
constituted and duly authorized to operate and do business in all places where it shall be
required to do business under this Contract, and that it has obtained or will obtain all necessary
licenses and permits required in connection with this Contract.
5.1.3
Disclosure of Litigation. (09/17) Contractor warrants that as of the Effective Date there are no
suits, actions, other proceedings, or reasonable anticipation thereof, in any judicial or quasi-
judicial forum that will or may adversely affect Contractor’s ability to fulfill its obligations
under this Contract. Contractor further warrants that it will immediately notify the City in
writing if, during the Term of this Contract, Contractor becomes aware of, or has reasonable
anticipation of, any lawsuits, actions, or proceedings in any judicial or quasi-judicial forum that
involves Contractor or any Subcontractor and that will or may adversely affect Contractor’s
ability to fulfill its obligations under this Contract.
5.1.4
Conflict of Interest. (09/17) Contractor warrants it has no present interest and shall not acquire
any interest that would conflict in any manner with its duties and obligations under this
Contract.
5.1.5
Compliance with Applicable Law. (09/17) Contractor warrants it has complied and shall
comply with all applicable federal, state, and local laws and regulations of its domicile and
wherever performance occurs during the term of this Contract. Contractor warrants it is
currently in compliance with all tax laws.
5.1.6
Public Contracts. (09/17) Contractor shall observe all applicable state and local laws pertaining
to public contracts. ORS Chapters 279A and 279B require every public contract to contain
certain provisions. To the extent applicable, ORS 279B.220, 279B.230 and 279B.235 are
incorporated into this Agreement by reference.
5.1.7
Compliance with Civil Rights Act. (09/17) Contractor warrants it is in compliance with Title VI
of the Civil Rights Act of 1964 and its corresponding regulations as further described at:
http://www.portlandoregon.gov/bibs/article/446806
5.1.8
Respectful Workplace Behavior. (09/17) The City is committed to a respectful work
environment, free of harassment, discrimination and retaliation and other inappropriate
conduct. Every individual has a right to work in a professional atmosphere where all
individuals are treated with respect and dignity. The City’s HR Rule 2.02 covers all employees
of the City as well as contractors, vendors or consultants who provide services to the City of
Portland. Contractor warrants its compliance with terms and conditions HR 2.02 as further
described at: https://www.portlandoregon.gov/citycode/27929
5.2
Grant Funding. (02/18). This Contract is currently not using grant funding. However, in the event that
City acquires or uses grant funding to pay for any portion of this Contract, the City and Contractor agree
City of Portland Contract #30007278
Project #124937
to Amend the Contract to include the federally required terms and conditions. General grant terms may
be found at http://www.portlandoregon.gov/bibs/article/455735
5.3
Compliance with Non-Discrimination Laws and Regulations.
5.3.1
Nondiscrimination. (06/19) Pursuant to all City, State, and federal non-discrimination and civil
rights laws, Contractor, with regard to the work performed by it during this Contract, shall not
discriminate on the grounds of race, color, national origin, including limited English
proficiency, sex, sexual orientation, gender identity, age, religion or non-religion, disability,
marital status, family status, or source of income, including in employment practices, the
selection and retention of subcontractors, including procurements of materials and leases of
equipment.
5.3.2
Solicitations for Subcontractors, Including Procurements of Materials and Equipment. (06/19)
In all solicitations either by competitive bidding or negotiation made by Contractor for work to
be performed under a subcontract, including procurements of materials or leases of equipment,
each potential subcontractor or supplier shall be notified by Contractor of Contractor's
obligations under this Contract relative to nondiscrimination on the grounds of race, color,
national origin, sex, sexual orientation, age, religion, disability, marital status, or family
relationships.
5.3.3
Sanctions for Noncompliance. (09/17) In the event of Contractor's noncompliance with the
nondiscrimination provisions of this Contract, the City shall impose such contract sanctions as
it or any state or federal agency may determine to be appropriate, including, but not limited to
withholding of payments to Contractor under this Contract until Contractor complies, and/or
cancellation, termination, or suspension of this Contract, in whole or in part.
5.3.4
ADA Compliance. (07/18) Contractor shall comply with the Americans With Disabilities Act
(ADA), including any duty the ADA may impose on City or Contractor as a result of the
Products, Services or activities requested to be provided for City under this Agreement.
Contractor shall document each ADA request for modification to the Products or Services and
Contractor’s fulfillment of the request. If Contractor determines that it is unable to promptly
fulfill the request for modification under the ADA, Contractor will contact the City contract
manager within the same business day, proving reasons why Contractor is unable to fulfill the
request for modification and to identify alternate accessibility options that Contractor can
perform.
Within three (3) Business Days after receipt, City and Contractor shall advise the other Party in
writing, and provide the other Party with copies (as applicable) of any notices alleging
violation of or noncompliance with the ADA relating to the Agreement, or any governmental
or regulatory actions or investigations instituted or threatened regarding noncompliance with
the ADA and relating to the Agreement or the programs, Products, Services or activities that
Contractor is undertaking for City under this Agreement.
City of Portland Contract #30007278
Project #124937
5.3.5
Required Reporting. (05/19) If any person or class of persons files a complaint with Contractor
alleging discrimination under Title VI of the Civil Rights Act of 1964 (race, color, or national
origin, including limited English proficiency), Contractor will notify the City of Portland of the
complaint and cooperate with any investigation related to the complaint. Notifications shall be
sent to Title VI Program Manager, 421 SW 6th Ave, Suite 500, Portland, Oregon 97204, or
title6complaints@portlandoregon.gov.
5.4
Service(s) and Deliverables Warranties. (10/19) Contractor makes the following warranties:
5.4.1
No Third-Party Conflict or Infringement. (01/19) As of the Effective Date, Contractor warrants
the execution and performance of this Contract, shall not contravene the terms of any contracts
with third parties or any third-party Intellectual Property Right; and, as of the Effective Date of
this Contract, there are no actual or threatened legal actions with respect to the matters in this
provision. Contractor agrees to promptly notify the City, in writing, if during the Term of the
Contract, a potential third-party conflict or infringement of third-party Intellectual Property
Rights arises.
5.4.2
No Encumbrances. (08/19) All Deliverables provided by Contractor under this Contract shall
be transferred to the City free and clear of any and all restrictions of transfer or distribution and
free and clear of any and all liens, claims, security interests, liabilities and encumbrances of
any kind.
5.4.3
Conformance with Specifications. (01/19) Contractor warrants that the Deliverables and
Services shall operate in conformance with the Specifications.
5.4.4
Compliance with Law. (10/19) Contractor warrants that the Deliverables conform to all
requirements of applicable law, including all applicable health, safety, privacy, data security
and environmental laws and regulations.
5.4.5
Industry Standards. (10/19) Contractor warrants that the Services performed under this
Contract will meet the standards of skill and diligence normally employed by persons
performing the same or similar services.
5.4.6
Substitution or Modification of Products at No Charge. (03/19) In the event that Contractor
substitutes or modifies the Deliverables, Contractor shall ensure that the new or modified
Deliverables shall conform in all aspects to the Specifications. Such substitutions or
modifications shall in no way degrade the performance or functionality of the Deliverables and
shall not result in additional cost to the City.
5.5
No Waiver of Warranties or Representation. (10/19) Performance of Services shall not be construed to
represent Acceptance nor relieve Contractor from its responsibility under any representation or
warranty. If the City makes a payment prior to Final Acceptance, the payment does not grant a waiver
of any representation or warranty by Contractor.
City of Portland Contract #30007278
Project #124937
5.6
No Third Party to Benefit. (09/17) This Contract is entered into for the benefit of the City and
Contractor. Except as set forth herein, nothing in this Contract shall be construed as giving any benefits,
rights, remedies or claims to any other person, firm, corporation or other entity, including, without
limitation, the general public or any member thereof, or to authorize anyone not a Party to this Contract
to maintain a suit for breach of contract, personal injuries, property damage, or any other relief in law or
equity in connection with this Contract.
5.7
Assignment. (08/19) Neither Party shall assign, transfer, or delegate all or any part of this Contract, or
any interest therein, without the other Party's prior written consent, which shall not be unreasonably
withheld. For purposes of this Section, the acquisition, merger, consolidation or change in control of
Contractor or any assignment by operation of law shall be considered an assignment of this Contract that
requires the City’s prior written consent. Notwithstanding the foregoing: (a) in the event that the City’s
business needs change or the City enters into an agreement with a provider for outsourcing services,
Contractor agrees that the City shall have the right to assign this Contract to a successor of all,
substantially all, or specified area(s) of the City’s business, including an outsourcing provider, upon
written notice to the other Party, and (b) Contractor may, without the City’s consent, but upon prior
written notice to the City, assign its right to payment under this Contract or grant a security interest in
such payment to any third party without requiring that the third party be liable for the obligations of
Contractor under this Contract. Any attempted assignment or delegation in violation of this Section
shall be void.
5.8
Notice of Change in Financial Condition. (09/17) Contractor must maintain a financial condition
commensurate with the requirements of this Contract. If, during the term of this Contract, Contractor
experiences a change in its financial condition which may adversely affect its ability to perform the
obligations of this Contract, Contractor shall immediately notify the City in writing. Failure to notify
the City of such a change in financial condition is sufficient grounds for terminating this Contract.
5.9
Notice of Change in Ownership. (09/17) If, during the term of this Contract, Contractor experiences a
change in ownership or control, Contractor shall immediately notify the City in writing. Failure to
notify the City of such a change in ownership or control is sufficient grounds for terminating this
Contract.
5.10
Subcontractors. (10/19) Contractor shall not subcontract any work under this Contract without the
City’s prior written consent. Contractor shall be fully responsible for the acts and omissions of its
Subcontractors, including any Affiliates, at all levels, and of their agents and employees. Contractor
shall ensure that all applicable provisions of this Contract (including those relating to Insurance,
Indemnification, and Confidentiality) are included in all of its subcontracts. The City reserves the right
to review any agreements between Contractor and its Subcontractors for Services authorized under this
Contract.
All D/M/W/ESB/SDVBE (COBID Certified) subcontractors/suppliers identified in Contractor’s
proposals shall be used in their proposed capacity during Contract performance. If Contractor desires to
replace any D/M/W/ESB/SDVBE subcontractors/suppliers under this Contract all substitution requests
must have approval from the City’s Chief Procurement Officer before such substitutions can be made.
City of Portland Contract #30007278
Project #124937
In no event shall Contractor subcontract any work, assign any rights, or delegate any obligations under
this Contract without the City’s prior written consent.
5.11
Flow-down Clauses. (01/19) Contractor shall include the following clauses, or substantially similar
language, in its subcontracts under this Contract:
Section 4.4, Confidentiality
Section 5.3, Compliance with Non-Discrimination Laws and Regulations
Section 6.1, Hold Harmless and Indemnification
Section 6.2, Insurance
5.12
Force Majeure. (01/19)
5.12.1 In the event that either Party is unable to perform any of its obligations under this Contract due
to a Force Majeure Event not the fault of the affected Party, the Party who has been so affected
immediately shall give notice to the other Party and shall do everything possible to resume
performance. Upon receipt of such notice, the performance obligations affected by the Force
Majeure event shall immediately be suspended.
5.12.2 If the period of nonperformance exceeds fifteen (15) Calendar Days from the receipt of notice
of the Force Majeure Event, the Party whose ability to perform has not been so affected may,
by giving written notice, terminate this Contract or any Statement of Work.
5.12.3 If the period of nonperformance due to a Force Majeure Event does not exceed fifteen (15)
Calendar Days, such nonperformance shall automatically extend the Project schedule for a
period equal to the duration of such events. Any Warranty Period affected by a Force Majeure
Event shall likewise be extended for a period equal to the duration of such event.
5.12.4 If the period of nonperformance due to Force Majeure Event is longer than fifteen (15)
Calendar Days, the Parties shall negotiate options for mitigation of the Force Majeure Event.
5.13
Ownership of Property. (06/19) All work product produced by the Contractor under this Contract is the
exclusive property of the City. “Work Product” includes, but is not limited to: research, reports,
computer programs, manuals, drawings, recordings, photographs, artwork and any data or information
in any form. The Contractor and the City intend that such Work Product shall be deemed “work made
for hire” of which the City shall be deemed the author. If for any reason a Work Product is deemed not
to be a “work made for hire,” the Contractor hereby irrevocably assigns and transfers to the City all
right, title and interest in such Work Product, whether arising from copyright, patent, trademark, trade
secret, or any other state or federal intellectual property law or doctrines. Contractor shall obtain such
interests and execute all documents necessary to fully vest such rights in the City. Contractor waives
all rights relating to work product, including any rights arising under 17 USC 106A, or any other rights
of authorship, identification or approval, restriction or limitation on use or subsequent modifications. If
the Contractor is an architect, the Work Product is the property of the Consultant-Architect, and by
execution of this Contract, the Contractor-Architect grants the City an exclusive and irrevocable license
to use that Work Product.
City of Portland Contract #30007278
Project #124937
Notwithstanding the above, all pre-existing trademarks, services marks, patents, copyrights, trade
secrets, and other proprietary rights of Contractor are and will remain the exclusive property of
Contractor. Contractor hereby grants to the City a non-exclusive, perpetual, irrevocable license, with
the right to sublicense, to disclose, copy, distribute, display, perform, prepare derivative works of and
otherwise exploit any pre-existing Intellectual Property Rights incorporated into the Work Product(s).
SECTION 6
INDEMNIFICATION, INSURANCE, BONDING, LIQUIDATED DAMAGES
6.1 Hold Harmless and Indemnification. (08/19)
6.1.1
Contractor shall indemnify, defend and hold harmless the City of Portland, its officers, agents,
and employees, from all claims, demands, suits, and actions for all losses, damages, liabilities,
costs and expenses (including all attorneys’ fees and costs), resulting from or arising out of the
actions, errors, or omissions of Contractor or its officers, employees, Subcontractors, or agents
under this Contract.
6.1.2
Infringement Indemnity. (08/19) Contractor shall indemnify, defend, and hold harmless the City,
its directors, officers, employees, and agents from and against any and all claims, demands, suits,
and actions for any damages, liabilities, losses, costs, and expenses (including reasonable
attorney fees, whether or not at trial and/or on appeal), arising out of or in connection with any
actual or alleged misappropriation, violation, or infringement of any proprietary right or
Intellectual Property Right of any person whosoever. The City agrees to notify Contractor of the
claim and gives Contractor sole control of the defense of the claim and negotiations for its
settlement or compromise.
6.1.3
Contractor shall indemnify, defend, and hold harmless the City against any taxes, premiums,
assessments, and other liabilities (including penalties and interest) that the City may be required
to pay arising from Deliverables and Services provided by Contractor under this Contract. The
City of Portland, as a municipal corporation of the State of Oregon, is a tax-exempt unit of local
government under the laws of the State of Oregon and is not liable for any taxes.
6.2
Insurance. (08/19) Contractor shall not commence work until Contractor has met the insurance
requirements in this section and Contractor has provided insurance certificates approved by the City
Attorney. Contractor shall acquire insurance issued by insurance companies or financial institutions with
an AM Best rating of A- or better and duly licensed, admitted and authorized to do business in the State
of Oregon.
6.2.1
Insurance Certificate. (08/19) As evidence of the required insurance coverage, Contractor shall
provide compliant insurance certificates, including required endorsements, to the City prior to
execution of the Contract. The certificates shall list the City as certificate holder. Contractor
shall maintain continuous, uninterrupted coverage for the Term of this Contract and to provide
insurance certificates demonstrating the required coverage for the Term of this Contract.
Contractor’s failure to maintain insurance as required by this Contract constitutes a Material
City of Portland Contract #30007278
Project #124937
Breach of this Contract. Contractor must notify the City in writing thirty (30) Calendar Days
prior to a cancellation, non-renewal, or changes to the insurance policy.
6.2.2
Additional Insureds. (08/19) For commercial general liability coverage, Contractor shall provide
City with a blanket additional insured endorsement form that names the City of Portland,
Oregon, and its officers, agents and employees, as an additional insured. The additional insured
endorsement must be attached to the general liability certificate of insurance.
6.2.3
Insurance Costs. (08/19) Contractor shall be financially responsible for all premiums,
deductibles, self-insured retentions, and self-insurance.
6.2.4
Coverage Requirements. (08/19) Contractor shall comply with the following insurance
requirements:
6.2.4.1
Commercial General Liability. (08/19) Contractor shall acquire commercial general
liability (“CGL”) and property damage insurance coverage in an amount not less than
$2 million per occurrence for damage to property or personal injury arising from
Contractor’s work under this Contract.
☒ Required and attached ☐ Reduced by Authorized Bureau Director ☐ Waived by Authorized Bureau Director
6.2.4.2
Automobile Liability. (08/19) Contractor shall acquire automobile liability insurance
to cover bodily injury and property damage in an amount not less than $2 million for
each accident. Contractor’s insurance must cover damages or injuries arising out
Contractor’s use of any vehicle.
☒ Required and attached ☐ Reduced by Authorized Bureau Director ☐ Waived by Authorized Bureau Director
6.2.4.3 Workers’ Compensation. (08/19) Contractor shall comply with Oregon workers’
compensation law, ORS Chapter 656, as it may be amended. If Contractor is required
by ORS Chapter 656 to carry workers’ compensation insurance, Contractor shall
acquire workers’ compensation coverage for all subject workers as defined by ORS
Chapter 656 and shall maintain a current, valid certificate of workers’ compensation
insurance on file with the City for the entire period during which work is performed
under this Contract. Contractor shall acquire workers compensation coverage in an
amount not less than $1 million each accident, $1 million disease each employee, and
$1 million disease policy limit.
☒ Required and attached ☐ Proof of exemption (Complete Independent Contractor Certification Statement)
6.2.4.4
Professional Liability. (08/19) Contractor shall acquire insurance to cover damages
caused by negligent acts, errors or omissions related to the professional Services, and
performance of duties and responsibilities of the Contractor under this Contract in an
amount not less than $1 million per occurrence and aggregate of $3 million for all
claims per occurrence. In lieu of an occurrence-based policy, Contractor may have
claims-made policy in an amount not less than $1,000,000 per claim and $3,000,000
annual aggregate, if the Contractor acquires an extended reporting period or tail
coverage for not less than three (3) years following the termination or expiration of
the Contract.
City of Portland Contract #30007278
Project #124937
☒ Required and attached ☐ Reduced by Authorized Bureau Director ☐ Waived by Authorized Bureau Director
6.2.5
Insurance Requirements for Subcontractors. (08/19) Contractor shall contractually
require its Subcontractors to acquire and maintain for the duration of this Contract
insurance equal to the minimum coverage limits required above.
6.3
Rolling Estoppel. (09/17) Unless otherwise notified by Contractor, it shall be understood that the City
shall have met all its obligations under this Contract. The City will be conclusively deemed to have
fulfilled its obligations, unless it receives written notification of a failure to meet such obligations in the
next status report, or within ten (10) Business Days following such failure, whichever is sooner, and
Contractor identifies the specific failure in that notification. The City’s failure to meet obligations must
be described in terms of how it has affected the Project schedule or a specific performance requirement
of Contractor.
6.3.1 Contractor is estopped from claiming that a situation has arisen that might otherwise justify
changes in Project timetable, the standards of performance under this Contract, or the Contract
price, if Contractor knew of that problem and failed to provide notification to the City as set forth
above or to include it in the applicable status report to the City’s project manager.
6.3.2 In the event Contractor identifies a situation that is impairing Contractor’s ability to perform for
any reason, Contractor’s notification should contain Contractor’s suggested solutions to the
situation. These suggestions should be in sufficient detail so that the City’s Project Manager can
make a prompt decision as to the best method of dealing with the problem and continuing the
Project in an unimpeded fashion.
6.4
Dispute Resolution. (09/17) Contractor shall cooperate with the City to ensure that all claims and
controversies which arise during this Contract will be resolved as expeditiously as possible in
accordance with the following resolution procedure:
6.4.1 Any dispute between the City and Contractor shall be resolved, if possible, by the Project
Manager or their designee on behalf of the City and Deborah Bovee on behalf of Contractor.
6.4.2 If the Project Manager or the Project Manager’s designee and Contractor are unable to resolve
any dispute within three (3) Business Days after notice of such dispute is given by either Party to the
other, the matter shall be submitted to Michelle Kirby on behalf of the City and Brian White on behalf of
Contractor for resolution, if possible.
6.4.3 Should any dispute arise between the Parties concerning this Contract that is not resolved by
mutual agreement above, it is agreed that such dispute will be submitted to mandatory mediated
negotiation prior to any Party’s commencing arbitration or litigation. In such an event, the Parties to this
Contract agree to participate in good faith in a non-binding mediation process. The mediator shall be
selected by mutual agreement of the Parties, but in the absence of such agreement each Party shall select
a temporary mediator and those mediators shall jointly select the permanent mediator. All costs of
mediation shall be borne equally by the Parties.
City of Portland Contract #30007278
Project #124937
6.4.4 Should an equitable solution not result from the foregoing, the City and Contractor shall be free
to pursue other remedies allowed under this Contract.
6.4.5 Unless ordered by the City to suspend performance of all or any portion of Contractor’s Services,
Contractor shall proceed with the performance of such Services without any interruption or delay during
the pendency of any of the foregoing dispute resolution procedures. During the pendency of any of the
foregoing dispute resolution procedures, the City shall continue to make all payments that are not in
dispute while having the right to withhold payments that are in dispute.
6.5
Remedies. (09/17) The remedies provided in this Contract are cumulative and may be exercised
concurrently or separately. In the event of any Material Breach by Contractor, which Material Breach
shall not have been cured as agreed to between the Parties, the City shall have the ability to pursue the
City’s rights at law or equity. The exercise of any one remedy shall not constitute an election of one
remedy to the exclusion of any other.
6.6
Cost of Cover. (09/17) In the event of termination of this Contract by the City due to a Material Breach
by Contractor, then the City may complete the Project itself, by agreement with another contractor, or by
a combination thereof. After termination, in the event the cost of completing the Project exceeds the
amount the City would have paid Contractor to complete the Project under this Contract, then Contractor
shall pay to the City the amount of the reasonable excess.
SECTION 7
ACCEPTANCE
7.1
Right to Perform Review and Acceptance. (10/19) Prior to Acceptance of Services or Deliverables, the
City shall have the right to review and inspect Deliverable(s) to ensure they meet Acceptance Criteria, as
may be further defined in Exhibit B - Statement of Work. If applicable, Contractor shall cooperate with
the City in the development of Acceptance Criteria that shall codify and set forth the location, date, and
other specifications. Acceptance review may occur in one or more phases, depending on the
Deliverables in the Statement of Work.
7.2
Procedure and Timetable. (10/19) Unless otherwise specified,
7.2.1
The City shall commence review of a Deliverable for Acceptance within a reasonable amount
of time after receipt of a Deliverable.
7.2.2
Contractor shall provide, at no additional cost, reasonable and appropriate support, assistance,
and consultation in order to facilitate Acceptance review.
7.2.3
City will make all reasonable efforts to complete its Acceptance review within the time period
specified within the Project schedule mutually agreed upon by the Parties in writing. If the
Deliverable meets the City’s Specifications, the City shall issue an Acceptance Certificate, a
sample of which is attached in Exhibit E-2.
7.3
Failure of Acceptance. (10/19) The City will notify Contractor if a Deliverable or a portion of a
Deliverable fails to pass an Acceptance review and will specify in reasonable detail the identified
City of Portland Contract #30007278
Project #124937
failures and possible reasons for failure. After City’s notification, Contractor shall correct the failure
within ten (10) Business Days and notify the City that the correction has been completed. After
Contractor’s correction notification, the City shall perform a second Acceptance review. If the
Deliverable or portion of the Deliverable fails to pass the second Acceptance review, the City shall
notify Contractor in writing, and the City may, in its sole discretion: (a) terminate this Contract with no
further liability; (b) require Contractor to replace the Deliverable or defective portion of the Deliverable
at no additional cost to the City, (c) require Contractor to make further corrections to prepare for re-
review ; (d) Accept the Deliverable at a reduced cost to be negotiated between the Parties; or (e) issue an
Acceptance Certificate for an “Acceptance with Exception(s)” in accordance with Sections 7.3.1 and
7.3.2.
7.3.1
If the City issues an Acceptance Certificate for an “Acceptance with Exception(s)” the City
will list the exception(s) and the date for Contractor’s correction of the Defect(s). If Defect(s)
are corrected by the listed date(s) the City agrees to commence further Acceptance review of
the Deliverable or affected portion(s). If the Deliverable passes the Acceptance review, the
City will issue an Acceptance Certificate.
7.3.2
If a Deliverable fails a second or subsequent Acceptance review in no event shall there be an
increase to the original price agreed to by the Parties for the Deliverable.
7.4
City Acceptance of Failure. (05/19) If the City elects to accept a Deliverable or any combination even
with the failure(s), then the City may request that Contractor issue a refund to the City in an amount
equal to a percentage of the full fee value of the Deliverable that the Parties mutually determine
represents the loss of use or functionality.
7.5
Revocation of Acceptance. (01/19) The City shall have the right to revoke “Acceptance with
Exception(s)” if the City granted an “Acceptance with Exception(s)” based on Contractor’s commitment
to correct the Defect within a reasonable period of time, but the Defect has not been so corrected. The
City shall also have the right to revoke Acceptance if the City accepted the Deliverable without
discovery of the Defect, and the Acceptance was reasonably induced by Contractor’s assurances or by
the difficulty of discovery of the Defect before Acceptance. Revocation is effective only if it occurs
within a reasonable time after the City discovers or should have discovered the reasons for revocation.
7.6
Termination Based on Failure of Acceptance. (10/19) If the Deliverables or Services fail to pass the
Final Acceptance review(s), the City may terminate this Contract. Contractor shall refund all costs paid
for the Deliverables and Services in U.S. Dollars within fifteen (15) Calendar Days of the date of receipt
of notice of termination. The refund shall be in cash and not in the form of future credits from
Contractor.
7.7
No Waiver. (05/19) Acceptance shall not relieve Contractor from its responsibility under any warranty.
Payment for Deliverables, or any portion thereof, does not constitute Acceptance nor does it constitute a
waiver of any warranty applicable to the City.
City of Portland Contract #30007278
Project #124937
SECTION 8
TRAVEL
8.1
Reimbursement. (09/17) Contractor may be reimbursed, upon advance written approval by authorized
City personnel, for certain expenses incurred in connection with personnel assigned to provide services
for the City on the City’s site. All invoices shall be accompanied by physical or electronic copies of
original receipts and any additional supporting documentation that may be appropriate. Reimbursement
will be made based on the following guidelines:
8.1.1
Commercial Air Travel. (09/17) Commercial air travel reservations are to be arranged based
on the lowest coach fare available within a reasonable time frame surrounding the desired
arrival or departure time. When possible, air travel arrangements should be reserved at least
seven (7) to fourteen (14) Calendar Days in advance. Direct billing for commercial air travel
is NOT permitted; however, City may elect to arrange travel reservations on behalf of
Contractor personnel. In the event weekend travel is reimbursed, such reimbursement shall be
made based on an amount up to and in lieu of any authorized per diem amounts and, if
applicable, any other daily expense reimbursement.
8.1.2
Rental Cars/Surface Transportation. (09/17) Contractor shall choose the most economical
mode of transportation. Except when there is only one person traveling by rented auto, vehicle
rental will be reimbursed based on a minimum ratio of one (1) compact auto per two (2)
Contractor personnel. Reimbursement for vehicle rental will not be approved for Contractor
personnel falling below that ratio. Cost for additional insurance is not reimbursable, nor will
reimbursement be permitted for fuel obtained at a vehicle rental agency. City does not
assume any liability of any type in connection with rental vehicles reserved or operated by
Contractor personnel. Direct billing for rental vehicles is not permitted. If the City’s Project
Manager chooses to provide a per diem for auto rental, such per diem shall be the same per
diem as allowed for City employees. The City will reimburse Contractor for surface
transportation such as taxicabs, shuttles, and mass transit, at actual cost when reimbursement
requests are accompanied by original receipts.
8.1.3
Lodging. (09/17) Contractor shall arrange for lodging. The City will reimburse Contractor per
individual for a daily lodging expenses based on GSA per diem rates; such per diem shall be
the same per diem as allowed for City employees. GSA lodging allowances can be found at
the U.S. General Services Administration website: http://www.gsa.gov/perdiem
8.1.4
Meal and Incidental Expenses (M&IE). (09/17) The City will provide per diem for each full
day (eight hours) worked for Contractor personnel assigned to deliver Services. The per diem
rate will be the same as the one published on the U.S. General Services Administration
website, identified as the Meal and Incidental Expenses (M&IE) for the Portland, Oregon
area. GSA per diem rates can be found at the U.S. General Services Administration website:
http://www.gsa.gov/perdiem
8.2
Non-reimbursable Expenses. (09/17) Expenses incurred for personal entertainment while traveling on
the City business are not reimbursable. Personal entertainment includes items such as in-room movie
City of Portland Contract #30007278
Project #124937
charges, sightseeing, attendance at sporting events, reading materials, gifts, haircuts, etc. Expenses
incurred for travel to and from, and parking at, the departure airport are not reimbursable.
SIGNATURE PAGE
(08/19)
Contractor represents that Contractor has had the opportunity to consult with its own independently selected
attorney in the review of this Contract. Neither Party has relied upon any representations or statements made by
the other Party that are not specifically set forth in this Contract.
This Contract constitutes the entire agreement between the City and Contractor and supersedes all prior and
contemporaneous proposals and oral and written agreements, between the Parties on this subject, and any
different or additional terms on a City purchase order or Contractor quotation or invoice.
The Parties agree that they may execute this Contract and any Amendments to this Contract, by electronic
means, including the use of electronic signatures.
This Contract may be signed in two (2) or more counterparts, each of which shall be deemed an original, and
which, when taken together, shall constitute one and the same agreement.
IN WITNESS WHEREOF, the Parties hereby cause this Contract to be executed.
CONTRACTOR:
A LIANT INSURANCE SERVICES, INC.,
.
-
Authorized Signature
Da e
w~ } v,-r\A V1(9. Pf{r1 "+
Brian White, First Vice President
Address:
1420 5th Avenue, Ste. 1500
Seattle, WA 98101
Phone:
(206) 204-9126
Email:
bwhite@alliant.com
City of Portland Contract #30007278
Project #124937
CITY OF PORTLAND, OREGON
Contract No.
30007278
Amendment/Change Order No.
0
CITY OF PORTLAND SIGNATURES:
Contract Description:
INSURANCE BROKER SERVICES
Bureau Director
Date:
By:
N/A
Date: 05/28/2020
By:
Purchasing Agent
Date:
By:
Elected Official
N/A
Approved:
Date: 05/28/2020
By:
Office of the City Auditor
Office of City Attorney
Date: 05/21/2020
By:
Approved as to Form:
Exhibit A
Contractor’s Price
SECTION 1 Pricing.
Hourly Rates
Brian White- Team Lead: $255.00
Robert Lowe- AE-Property: $225.00
Anne Shackleford- AE-Casualty: $225.00
Renee Judge- Account Manager: $175.00
Deborah Bovee-Peer Review: $275.00
Other Staff/Clerical: $65.00
Robert Frey & Staff-Claims Advocacy: $200.00
Tim Leech & Staff- Loss Control: $175.00
Core Broker Services Annual Fee: $78,500.00 per year.
Annual Fee shall be subject to a 2% cost of living adjustment each year on April 15th. This will be based on the
CPI-West Region Class Size A inflation index.
City of Portland Contract #30007278
Project #124937
Exhibit B
Statement of Work
SECTION 1 SCOPE OF WORK
Contractor shall provide the Insurance Brokerage Services.
SECTION 2
TASKS AND DELIVERABLES
The individual Tasks and corresponding Deliverables are described in more detail below:
2.1
Task 1: Evaluate and subsequent provision of a market analysis of the existing City of Portland
insurance program and coverages; suggest recommendations for additions or changes to coverages and
limits of insurance.
2.1.1
Deliverable 1: Analysis summary of current and proposed programs and coverages. Summary
shall include information on trends, market availability, pricing and long-term market direction.
2.2
Task 2: Market the City of Portland’s casualty lines, property, worker’s compensation excess, surety
bonds and ancillary commercial coverages and obtain competitive quotes. Seek competitive programs
and market coverage on an unbiased basis and in the best interest of the City of Portland. Develop
marketing strategies and marketing reports.
2.2.1
Deliverable 1: Analysis summary of current and proposed programs and coverages. Summary
shall include information on trends, market availability, pricing and long-term market direction.
3.2.2 Deliverable 2: Present a written report to document the quotes received from the various
carriers. Provide a detailed coverage comparison for submitted proposals.
2.3
Task 3: Provide written carrier rating status at time of each insurance renewal and each quarter
thereafter. All insurance companies must meet A.M. Best rating criteria of no less than A-.
2.4
Task 4: Produce all bound policies promptly to the City of Portland Risk Management Division.
2.4.1
Deliverable 1: Provide a policy book for all coverages.
2.4.2
Deliverable 2: Develop and deliver a written service plan outlining activities, deliverables and
milestones.
2.5
Task 5: Evaluate and report on the City’s self-insured retention limit and insurance fund forecasts,
prepare and provide the City with an Earthquake and Flood PML study, assist in the evaluation of the
City’s pollution liability exposure.
2.6
Task 6: Market analysis summary.
City of Portland Contract #30007278
Project #124937
2.6.1 Deliverable 1: Prepare market analysis summary and forecast by insurance line. This summary
shall include information on trends, market availability, pricing, and long term (5 year) market
directions; recommend other additional or different coverages as needed.
2.7
Task 7: Verify the accuracy of all binders, policies, policy endorsements, invoices and other insurance
documents as needed prior to delivery to the City of Portland.
2.8
Task 8: Answer coverage questions and provide any necessary research and memoranda in support to
evaluate and answer coverage questions as such may arise.
2.9 Task 9: Assist in renewal application processes, prepare of underwriting data, statement of values,
specifications and other data, and if necessary, the development of the City of Portland primary
insurance document.
2.10 Task 10: Assist in the preparation of proofs of loss or claims reports and advocate on behalf of the City
of Portland for timely reporting and obtaining settlement of claims from insurers.
2.11 Task 11: Assist with problem-solving, evaluate alternative risk transfer mechanisms, participate in
monthly program meetings.
2.12 Task 13: Identify all sources of revenue on any provided services/placements (new and renewal)
including and not limited to: fees, commissions, contingency fees, and bonus or profit-sharing
arrangements. Any undisclosed income must be returned to the City of Portland. Failure to disclose fees
will be considered a material breach of contract.
2.13 Task 14: Tennant’s and User’s Liability Insurance Policy (TULIP)
3.14.1 Deliverable 1: Develop a Tenant’s and User’s Liability Insurance Policy (TULIP) for users of
City properties.
2.14 Task 15: Meet with City Risk Management 180 days prior to the renewal or expiration of each policy to
develop appropriate strategies for the renewal placement.
2.15 Task 16: Assist in the evaluation of self-insurance fund administration and financing strategies,
retention and deductible levels.
2.16 Task 17: Review policies, binders, certificates of insurance, endorsements or other documents received
from insurance companies for accuracy.
2.17 Task 18: Annual Insurance Summary and Annual Program Report
2.17.1 Deliverable 1: Prepare an annual insurance summary and annual program report by coverage,
including insurer, policy number, limits of coverage, deductible, sub limits, conditions of coverage,
duties of the insured, premium and a brief description of each coverage.
2.18 Task 19: Development of Maximum Probable Loss scenarios for Earthquake and Flood exposures to
the City.
City of Portland Contract #30007278
Project #124937
2.19 Task 20: Assist with loss modeling and mapping, coverage scenarios development and assessing
potential frequency and severity of loss exposures.
2.20 Task 21: Prepare or assist with flood exposure modeling studies and NFIP policy placement.
2.21 Task 22: Provide and/or facilitate property evaluation and appraisal services for the City’s real and
personal property.
2.22 Task 23: Provide insurance, risk management and loss prevention counseling.
2.23 Task 24: Assist in review and analysis of contract or grant related exposures, recommend contract
clauses, insurance types and limits to address exposures and protect the City’s interests.
2.24 Task 25: Provide updates on State and Federal legislation that may impact the City.
2.25 Task 26: Assist the City with access to carrier services.
SECTION 3
PROJECT SCHEDULE
The City has a major renewal date of July 1, 2020, all renewals must be in place so there is no gap in coverage.
SECTION 4
PROJECT MANAGEMENT
4.1
Status Reports
Contractor shall summarize activities under this Contract in written monthly status reports submitted to the City
Project Manager. The status reports are due on the first day of the month and shall include summaries of all
activities and Deliverables completed in the prior month. The report shall include a list of any delayed items, a
description of the cause of the delay, schedule impact, and a proposed method of resolution. Delayed items shall
be carried over onto subsequent reports until resolved.
4.2
Place of Performance
Contractor shall provide City with services at City locations as directed by the City Project Manager. Some
portions of the work will be performed at Contractor facilities as agreed with the City Project Manager.
4.3
Project Managers
Contractor shall coordinate with City’s Project Manager identified below, for all project management.
The City may change the Project Manager from time to time upon written notice to Contractor.
Patrick Hughes, Risk Manager
Email: Patrick.Hughes@portlandoregon.gov
City of Portland Contract #30007278
Project #124937
Phone: (503) 823-5277
Contractor has assigned a Project Manager to the Project, identified below. Contractor shall provide
written notice to the City of any change to the Project Manager.
Brian White, First Vice President
Email: Bwhite@alliant.com
Phone: (206) 204-9126
City of Portland Contract #30007278
Project #124937
Contract #_________
Page 36 of 37
Project #_________
Version 10/2019
Exhibit E-2: CHANGE ORDER
BUREAU NAME
LOGO
CHANGE ORDER
Contractor
Project Title
Contract No.
Change Order No.
*SAMPLE*
Contract Date
Change Order Date
Select Type
Description and Reason for Change
Modification to:
Time
Project Schedule
and/or Contract
Scope or
Specifications
Statement of Work
Acceptance Test Plan
Deliverables
Statement of Work
Acceptance Test Plan
Price
Statement of Work and/or
Contract
Terms and
Conditions
Request Amendment to
Contract
Other
1. Additional time is necessary and the Project Schedule for the Statement of Work or a specific
Deliverable is hereby extended through (DATE) or modified as shown on the attached Project
Schedule.
2. Additional work or a change in work or Specifications is necessary. For example, changes to the
Statement of Work, Deliverables and/or the Acceptance.
3. A price adjustment is necessary for the following Deliverables. These changes will NOT affect
the total not-to-exceed value of the Contract. For example, price changes that show the original
price and the modified price.
Contract #_________
Page 37 of 37
Project #_________
Version 10/2019
4. An Amendment to the Contract is requested for the following reasons. For example, any change
to the total value of the Contract, the term or ending date of the Contract, or the Contract terms
and conditions requires an Amendment.
The Change Order is subject to the terms and conditions of the above-referenced Contract.
The rest of the Statement of Work shall remain unchanged and in full force and effect.
CITY OF PORTLAND
CONTRACTOR
Authorized Signature
Date
Authorized Signature
Date
Printed Name
Printed Name
City Project Manager
Title
Title