Property and Liability Insurance and Broker Services RFP … · Request for Proposal: ... Page 1 of 40 REQUEST FOR PROPOSAL PROJECT: Property and Liability Insurance and Broker Services

Laramie County Community CollegeRequest for Proposal: RFP-16090

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REQUEST FOR PROPOSAL

PROJECT: Property and Liability Insurance and Broker ServicesContract

PROPOSAL No.: RFP-16090

DUE DATE & TIME: January 8, 2016 3:00pm MDT

PROPOSAL: Proposal packages, original and seven (7) copies, subject to the terms,conditions and specifications herein stipulated and/or attached hereto, willbe received at the Laramie County Community College Purchasing Office,located in the Administration Building on 1400 East College Drive,Cheyenne, WY 82007 until January 8, 2016 at 3:00 P.M.(MDT).

Jamie SpezzanoDirector, Contracting & ProcurementLaramie County Community College1400 East College DriveCheyenne, WY 82007Phone: (307) 778-1280Fax: (307) 778-4300E-mail: [email protected]

mailto:[email protected]


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TABLE OF CONTENTS

SECTION ONE: INTRODUCTION AND BACKGROUND INFORMATION

SECTION TWO: DEFINITIONS AND TERMINOLOGY

SECTION THREE: GENERAL INFORMATION AND PROPOSAL REQUIREMENTS

1. General Conditions2. Receipt Acknowledgement3. Term4. Preparation of Proposal5. Pre-Bid Meeting6. Submission / Withdrawals / Late Proposals / Modifications7. EEOC and Affirmative Action Compliance8. ADA Compliance9. Questions Concerning Proposal10. Contract Conditions11. Payment Schedule and Documentation12. Proposal Evaluation Criteria13. Ownership of Documents / College Property14. Proposed RFP Schedule15. Public Information16. Protests17. Award of Proposal18. Proposer / Vendor Responsibilities19. LCCC Responsibilities20. Proposal Submittal

SECTION FOUR: SCOPE OF REQUESTED WORK &SERVICES

1. Objectives2. Project Scope - General3. Project Scope & Work - Specific4. Insurance5. Laws and regulations6. Licenses, permits, and taxes7. Accounting records, access, auditing periods8. Progress payments and financial agreements9. Contract terms and conditions10. Official notices11. Miscellaneous

SECTION FIVE: PROPOSAL FORM

1. Proposal requirements and format2. Proposal tabs3. Proposal checklist4. Proposal attachments5. Addenda Form6. Signature page


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S E C T I O N O N E

INTRODUCTION AND BACKGROUND INFORMATION

Laramie County Community College, hereinafter referred to as “LCCC”, is a 2-yearinstitution of higher education located in Cheyenne Wyoming and established in 1968.The college offers Associate’s degrees, Certificates in a variety of academic andvocational areas, community education and continuing education, and vocational andworkforce training. It is a full-service, comprehensive community college with campusesin Cheyenne and Laramie and outreach centers at F.E. Warren Air Force Base, Laramie,and in Pine Bluffs. LCCC offers courses throughout most of the calendar year, withacademic sessions conducted in the Fall, Spring and Summer semesters.

The college caters to around 3,600 FTE with a headcount of 5,200. LCCC’s 2014/2015annual operating budget was $68,007,680 and employs of 365. Full-time instructionalfaculty totals existed at 114 and 213 part-time faculty teaching fall credit courses.

Laramie County Community College is a student-centered, comprehensive publiccommunity college committed to providing accessible, postsecondary education for itsstudents. The College also provides developmental and basic skills instruction, adult andcontinuing education, public and community service programs, and student activities andsupport services. To this end the College is accountable to its students for educationalopportunities that are accessible and affordable.

LCCC is accredited through the Higher Learning Commission of the North CentralAssociation--the Higher Learning Commission. The College offers a variety of programsin Agriculture, Biology, Accounting, Anthropology, Art, Automotive Repair andTechnology, Business, Computer Science, Construction Management, Criminal Justice,Cyber Security, Dental Hygiene, Diesel Technology, Nursing, Radiography, Music,Mathematics and Education, welding Technology.

57 Clubs and teams exist at LCCC, including NJCAA men’s basketball, women’svolleyball, men’s and women’s soccer, and rodeo and equestrian show teams.

LCCC’s Campus and Facilities

The Cheyenne campus is located on a 271 acre, 22 building complex and the AlbanyCounty campus is located on 10 acres in a 26,000 sq. ft. complex. Most buildings areconnected by enclosed walkways. Facilities include:

• Newly remodeled facilities through taxpayer support

• State-of-the-art Smart classrooms

• Fully equipped and highly functional classrooms and computer labs

• State-of-the-art science complex


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• Outstanding physical education complex

• Three residence halls with a capacity of 250

• High-tech health science center

Additional Exposure and Policies Carried Data:

LCCC currently insures the following:

$121,698,039 - Building Blanket Limit

$ 14,879,605 – Business Personal Property Blanket Limit

$ 14,732,758 - Business Income

602,791 - Square Feet of Campus Space

$10,000,000 – Liability Limits

91 - Vehicles/Trailers

Laramie County Community College currently carries the following coverages:

Property, incl. Equipment Breakdown General Liability

Crime Abuse & Molestation

Inland Marine Commercial Automobile

Flood & Earthquake Health Professionals Liability

Umbrella Cyber Liability

Workers Compensation (Non-Hazardous) Accident & Sickness (Athletics &Travel)

School Leaders Errors and Omissions(incl. EPLI)

You can also obtain additional information on LCCC’s website at www.lccc.wy.edu.

This RFP specifies the insurance and brokerage services expected to be performed forLCCC. Proposals by a provider must respond to all proposal instructions and, at aminimum, respond to all of the requirements, specifications, terms, conditions, andprovisions hereinafter contained in this proposal.

END OF SECTION ONE

http://www.lccc.wy.edu/


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SECTION TWO

DEFINITIONS AND TERMINOLOGY

Wherever used in this proposal these or other related procurement documents, thefollowing terms have meanings indicated which are applicable to both the singular andplural thereof.

Addenda – Written or graphic instruments issued prior to the opening of proposalswhich clarify, correct, or change the proposal documents or the related procurementdocuments.

College – Same as LCCC

Contract – Same as Contract document

Contractor – Vendor, firm, or proposer awarded a contract for this RFP

Contract Document – The agreement between LCCC and the successful Proposer. Itshall include by reference, the Request for Proposal documents, Offeror’s proposal,negotiated contract(s), and any mutually agreed upon modifications, and/or additions.

Issuing Office – The office from which the RFP will be issued. The issuing office for thisRFP is: Laramie County Community College, Purchasing Office, 1400 East CollegeDrive, Cheyenne WY 82007, (307) 778.1280.

LCCC – Laramie County Community College or Owner, one in the same.

Firm – Same as Vendor

Proposal Documents – Request for Proposal document, applicable addenda, otheraffiliated or referenced data specific to said proposal.

Proposer/Offeror/Firm/Provider– The firm or company submitting the proposal.

RFP – Request for Proposal

RFP Process or Period – Begins with the issue/publication of Proposal Documents topublic sector, and concludes at award of specific proposal.

Specifications – Those portions of this proposal consisting of written or graphictechnical descriptions of insurance coverages, underwriting information, andprofessional services, and future released document related to this RFP, andadministrative details applicable thereto.

Vendor – Proposer, offerer, firm or provider submitting a proposal.

END OF SECTION TWO


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SECTION THREE

GENERAL INFORMATION AND PROPOSAL REQUIREMENTS

1. GENERAL CONDITIONS

1.1 Notice is hereby given that LCCC will receive Phase I proposals up to3:00 pm, January 8, 2016 for the retention of insurance and brokerageservices in accordance with the requirements, terms, specifications,conditions, and provisions hereinafter contained.

1.2 Successful firm shall provide LCCC with the professional services asdefined by this RFP, and in accordance with LCCC Policy and applicableState of Wyoming Statutes.

1.3 The professional services will be for the securing of insurance and relatedbrokerage services for protecting the insurable assets and liabilities ofLCCC.

1.4 Proposals must be received in the Purchasing Office by the time and datespecified. Proposals received after the specified time and date will not beaccepted and will be returned unopened to the specific proposer.

1.5 Proposals shall be sent to the LCCC Purchasing Office marked “Requestfor Proposal”, and marked with the name of the project, RFP No., and duedate.

1.6 All proposals must be signed by an authorized official of the firmsubmitting the proposal.

1.7 Telephone, telegraph, e-mailed or fax proposals will not be accepted.

1.8 Any proposal that modifies, deletes, or changes any of the conditions orprovisions, specifications, or RFP requirements will be rejected.

1.9 By submitting this proposal, each firm certifies under penalty of perjurythat they have not acted in collusion with any other firm or potential firms.

1.10 Copies of Request for Proposal may be obtained from the PurchasingOffice.

2. RECEIPT ACKNOWLEDGEMENT

LCCC requests that each prospective firm receiving a copy of the RFPacknowledge receipt of the RFP by letter, e-mail or fax, within five (5) days afterreceipt of RFP, to:

Jamie Spezzano


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Director, Contracting & ProcurementLaramie County Community College1400 East College DriveCheyenne, WY 82007Fax: (307) [email protected]

3. TERM

3.1 The Contract for specified services shall commence on/or about July 1,2016 and shall continue for approximately 3 years, ending on June 30,2019. A mandatory review and possible renegotiation shall occur on orabout April 30, 2017, and the same shall occur separately on or aboutApril 30, 2018 and on or about April 30, 2019.

4. PREPARATION OF PROPOSAL

4.1 Proposers are expected to examine all specifications, instructions and/orrequirements of this RFP. Failure to do so will be at the proposer's risk.The RFP and all referenced documents must be used in preparation ofeach proposal; LCCC assumes no responsibility for errors ormisinterpretations resulting from the use of incomplete RFP documents.

4.2 Each proposer shall furnish the information required by the RFP. TheRFP Proposal Form (see SECTION FIVE) shall be completed, signed,and returned by the respective firm’s authorized agent. All required RFPdocuments must be returned with the proposer's submission.

4.3 Time, if stated as a number of days, will be in calendar days.

4.4 Any clarification of instructions, terms and conditions, specifications,questions regarding proposal preparation or the proposal documents shallbe made only by the LCCC Director, Contracting & Procurement. Verbalclarifications/answers will not be binding upon LCCC. Written clarifica-tions/answers will be by addenda and forwarded to all interested parties.

4.5 Addenda will be issued for any matters regarding submittal of RFP orissues, questions, comments, and/or clarifications that will affect, alter,modify, or change the original RFP intent or language.

4.6 Strict rules will apply to the communication process and methods duringthe RFP process, all inquiries shall be via written instrument, mailed,faxed or hand-delivered to the LCCC Director, Contracting & Procurementas detailed in RFP SECTION THREE, Paragraph 9, Item 9.1. All matters,issues, questions, answers, comments, and/or clarifications which meetthe criteria of Item 4.5 above will be distributed in written format to allpotential contractors.


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4.7 Erasures, markings, or other changes that appear on your proposal mustbe initialed by the person signing the proposal.

4.8 A violation of any of the above shall be just cause for rejection of thatparticular proposal without further consideration.

5. PRE-BID MEETING

5.1 There will not be a mandatory pre-bid meeting for this RFP.

6. SUBMISSION / WITHDRAWALS / LATE PROPOSALS / MODIFICATIONS

6.1 Prospective contractors are instructed to deliver an original and seven(7) complete copies of the proposal, attachments and addenda, enclosedin one secure box or other package, to the LCCC Purchasing Office, in amanner that assures receipt by January 8, 2016 at 3:00 p.m. Allproposers will be informed in writing of the LCCC’s decision concerningthe selected number and identification of Vendor/Firms.

6.2 Proposals may be withdrawn or amended at any time prior to proposaldue date. All such requests must be in writing.

6.3 A proposal that is in the possession of the LCCC Purchasing Office maybe altered by a telegram, fax, or letter bearing the signature of the officialauthorizing the proposal, provided that it is received prior to the proposaldue date and time. Telephone, e-mail or verbal alterations of a proposalwill not be accepted.

6.4 Formal, advertised proposals indicate a date and time by which proposalsmust be received, proposals received after that time will be returned,unopened to the proposer.

6.5 Each contractor submitting a proposal agrees that their proposal shallremain valid for a minimum of one-hundred and eighty (180) calendardays from the date of closing of this RFP.

7. EEOC AND AFFIRMATIVE ACTION COMPLIANCE

7.1 Each proposer is hereby notified that they must comply fully with allrequirements of the Equal Employment Opportunity Commission (EEOC).All parties to this agreement assure that no person shall be excluded fromparticipation in, denied the benefits of, or otherwise discriminated against,in connection with the award and performance of this agreement on thegrounds of race, color, disability, national origin or sex. The parties furtherassure that they will include the language of this paragraph in allagreements associated or connected in any way with this agreement andshall cause all existing agreements to similarly include this clause therein.

7.2 All proposers, by signing this proposal, certify that they are an EqualOpportunity / Affirmative Action Employer, M/F, unless otherwise stated.


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7.3 Minority business enterprises will be afforded full opportunity to submit aproposal and to contract with LCCC and will not be subject todiscrimination on the grounds of race, creed, color, national origin, sex, orhandicap in consideration for an award.

8. ADA COMPLIANCE

8.1 Each proposer is hereby notified that it must comply fully with allrequirements of the Americans with Disability Act (ADA) and in the samemanner as is expected from LCCC. If a firm or its’ employers,subcontractors, or vendors are found in violation of these requirements,any subsequent agreements may be terminated. Each proposer shall beresponsible for all such non-compliant action and shall defend, holdharmless and indemnify LCCC therefrom.

9. QUESTIONS CONCERNING PROPOSAL

9.1 All matters, issues, questions, answers, comments, and/or clarificationsconcerning this RFP shall be directed to the office of the LCCC Director,Contracting & Procurement, and shall be done so in writing, handdelivered, mailed to 1400 East College Drive, Cheyenne WY, 82007 oremailed to [email protected] with copy to James Graham atApplied Risk Solutions to [email protected] asestablished in the timeline provided unless amendments are provided inwriting.

9.2 All questions, comments, and/or clarifications that alter, modify, or changethe original RFP intent or language will be addressed as an RFPaddenda.

9.3 All addenda must be acknowledged by each respective firm submitting aproposal on the Addenda Document per RFP SECTION FIVE, Paragraph5, Item #5.4.

10. CONTRACT CONDITIONS

10.1 The contract period shall commence upon signing of the Contract.Specific Contract details may be found in RFP SECTION FOUR,Paragraph 9.

10.2 The vendor who is awarded the Contract is prohibited fromsub-contracting, assigning, transferring, or otherwise disposing of theagreement or its’ rights, title or interest therein to any other party withoutthe prior written consent of the LCCC Vice President of BusinessServices or the LCCC Director, Contracting & Procurement. All approvedassignments or other transfers referred to herein must abide by theprovisions of the Contract.




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10.3 The successful contractor shall have professional and general liabilityinsurance coverage with limits as defined in the Attachment “B” of RFPSECTION FIVE, Paragraph 4, Item 4.2.

10.4 The Contract will be initiated and awarded by LCCC as a professionalservices document, applying the Contract date at the expected start datefor these professional services.

10.5 LCCC will execute the Contract, which will incorporate all of thespecifications, requirements, terms, conditions, and provisions included inthe RFP and any additional documents or data provided by LCCC or thesuccessful firm and are deemed relevant for inclusion by LCCC.

10.6 The successful firm will be expected to properly and promptly execute thisContract with LCCC. Failure to do so could result in cancellation of thisRFP award to the recommended vendor. Should this happen, theevaluation and selection process will be started anew.

10.7 A representative version of the contract is provided as Attachment A,please review and unless concerns are outlined in the participantresponses, the successful participant will be expected in expeditiouslyexecute the agreement provided. (TAB #11)

10.8 All participants and especially the successful party must understand thatalthough broad protection insurance protection is being sought, theCollege requires that its governmental immunity and the tort capsestablished by agreement be maintained.

11. PAYMENT SCHEDULE AND DOCUMENTATION

11.1 LCCC anticipates no fee payments for these specific professionalservices per RFP SECTION FOUR, Paragraph 3.2.

11.2 If arrangements are made for special projects, these will be identified inthe contract and shall include detailed reports as outlined in RFPSECTION FOUR, Paragraph 8.

12. PROPOSAL EVALUATION CRITERIA

12.1 A selection committee has been established to review and evaluate eachproposal submitted in response to this RFP. The committee will conductan evaluation of all proposals on the basis of understanding the servicesto be provided, work to be performed, experience and professionalqualifications, work history, and personnel assigned to this project.

12.2 An oral presentation (interview) may be required of each finalist (short list)selected during the initial phase of selection. The purpose of thispresentation will be to: (1) give the proposer the opportunity to further


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promote their proposal, and (2) to develop a better understanding of bothLCCC’s RFP requirements and the “short list” proposals.

12.3 In evaluating proposals, the selection committee will consider whether ornot the proposal complies with the prescribed RFP requirements asrequested.

12.4 Acceptable and responsive proposals will be evaluated by the selectioncommittee per the criteria detailed in RFP SECTION FIVE, Paragraph 2.

13. OWNERSHIP OF DOCUMENTS / COLLEGE PROPERTY

13.1 All drawings, specifications, pictures, data, information, documents, RFPrelated documents, RFP related written instruments, and subsequentcontract documents are considered the sole property of LCCC and/ortheir contract Architect, and shall not be transmitted in any fashion or formwithout the express written consent of the LCCC legal counsel, VicePresident of Business Services, or their designated representative, andthe Principal of the Contract Architectural Firm.

14. PROPOSED RFP SCHEDULE

Issue Broker/Agent’s Request for Proposal Phase I (Broker Screening)......... December 4, 2015

Questions in Writing Due............................................................................... December 15, 2015

Questions and Answers Sent to All Bidders .................................................. December 18, 2015

Broker/Agent’s Request for Proposal Phase I Response Due ............................. January 8, 2016

Issue Request for Proposals Phase II (Selected brokers announced to secureassigned market quotes) ..............................................................................February 1, 2016

Release Underwriting Information to Participants .................................................March 28, 2016

Final Questions and or Requests for Risk Surveys or Inspections...........................April 21, 2016

Proposals Due at LCCC..........................................................................................May 25, 2016

Proposal Review and Evaluation............................................................................ June 10, 2016

Recommendation of Award to the College ............................................................. June 20, 2016

Executed of Contract Due from Broker to LCCC .................................................... June 22, 2016

Board of Trustees Review ....................................................................................................... NA

15. PUBLIC INFORMATION

15.1 All information, except that classified as confidential, will become publicinformation at the time that the proposal is awarded. Confidentialinformation must be marked “CONFIDENTIAL” in red letters in the upperright hand corner of each sheet (page) containing the confidentialinformation. Price and information concerning the specifications cannot


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be considered confidential. All information identified as confidential willremain confidential unless LCCC is required by legal order to make itavailable to the public or to particular parties.

16. PROTESTS

16.1 Any proposer, offeror, or vendor who is allegedly aggrieved in connectionwith the solicitation of a proposal, or award of a contract may protest. Theprotest must be submitted in writing to the LCCC Director, Contracting &Procurement within five (5) days after notification to all proposers of intentto award. If the protest is not resolved by mutual agreement, the LCCCDirector, Contracting & Procurement will promptly issue a decision inwriting to the protestant. If the protestant wished to appeal the decisionrendered, such appeal must be made in writing to the LCCC VicePresident for Business Services. The decision of this VP will be final.Unless this procedure is followed, a protest need not be considered byLCCC.

17. AWARD OF PROPOSAL

17.1 Award will be made to the successful vendor whose proposal best meetsthe specifications of this RFP, is in the best interests of, and mostadvantageous to LCCC.

17.2 LCCC reserves the right to reject any or all proposals, including withoutlimitation, if they are, in its’ sole discretion judged unacceptable,non-responsive, non-conforming, conditional, to waive any technical orformal defect therein, to accept or reject any part of any proposal, toreject or disapprove of any sub-contractor/vendor as may be in the bestinterests of LCCC.

17.3 Cost will not be the sole basis for selection, since it is in LCCC’s bestinterest to retain a firm that has significant professional credentials,experience, qualified personnel, and a management style which bestmeets our RFP needs.

17.4 The recommended proposer and LCCC may negotiate any requiredchanges in this RFP prior to signature of a Contract per RFP SECTIONFOUR, Paragraph 9 if deemed in the best interest of LCCC and theproposer.

17.5 If a contract is to be awarded, LCCC will give the successful proposer aNotice of Award letter within a reasonable time following Phase II RFPanalysis, review, and selection.


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18. PROPOSER / CONTRACTOR RESPONSIBILITIES

18.1 The firm awarded the proposal shall designate one (1) account managerwith one (1) assistant account representative who shall be the primarycontact and account representative for LCCC.

18.2 The firm awarded the proposal shall comply with all applicable City ofCheyenne WY, Laramie County WY, State of Wyoming, and Federallaws, regulation, codes, and standards.

18.3 Each proposer is solely responsible for all costs borne and associatedwith the preparation and delivery of this proposal, and shall not bereimbursed by LCCC. Said costs may include (but not limited to) labor,travel, materials, licenses, administrative expenses, and personalcharges.

18.4 To demonstrate a proposer’s qualifications to perform the requestedservices, each proposer must be prepared to submit within five (5) daysafter proposal recording and upon LCCC’s request written evidence, suchas financial data, previous experience, present commitments, and othersuch data as may be necessary and required by LCCC.

18.5 It is the responsibility of each proposer before submitting a proposal to:

a) Examine, study, and be familiar with the complete RFP andreferenced documents.

b) Promptly give LCCC written notice of all conflicts, errors,ambiguities, or discrepancies that the proposer discovers in theRFP or its’ related documents.

19. LCCC’S RESPONSIBILITIES

19.1 To execute the Contract, and assign a project liaison.

19.2 Provide to all proposers any applicable documentation, specifications,records, written instruments, information or other data required tocomplete this proposal.

19.3 Provide to all proposers required support assistance as deemednecessary to complete a proposal.

19.4 LCCC shall conduct such investigations as deemed necessary toestablish the responsibility, qualifications, and financial ability of aproposer, their suppliers, affiliates, consultants, and/or sub-contractors toperform the services in accordance with this RFP.


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20. PROPOSAL SUBMITTAL

20.1 An original and seven (7) copies of the complete proposal shall besubmitted in each “Request for Proposal” submission package.

20.2 Each proposal shall be organized, tabbed, and submitted according tothe requirements detailed in RFP SECTION FIVE. Failure to tab, organizeand provide any portion of required information of this RFP shall be causefor rejection of said proposal as being unacceptable, non-responsive,non-conforming or conditional.

20.3 Proposals may be submitted via UPS, FEDEX, US Mail, other courierservice, or hand delivered. LCCC will not accept faxed or e-mailedcopies of the proposals.

20.4 LCCC shall retain the complete original copy of each submitted proposal.The remaining proposal submittals will be returned to the respective firmonly if requested in writing by said respective firm, otherwise theproposals shall be disposed of in a confidential manner.

END OF SECTION THREE


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S E C T I O N FOUR

SCOPE OF REQUESTED WORK AND SERVICES

1. OBJECTIVES

1.1 Secure competitive proposals and enhanced services from both thecarrier and LCCC’s insurance broker.

1.2 Qualify the direction of future renewals and or validate currentprogram competitiveness.

1.3 Minimize any increases in rate and reduce overall costs, whereapplicable.

1.4 Achieve additional coverage enhancements where possible

2. PROJECT SCOPE - GENERAL

2.1 The intent and purpose of this RFP is to qualify and ultimatelyretain insurance brokerage, to provide insurance and riskmanagement services under contract (per Section Four 1.1 through1.4 above) and to represent the College in securing and managingthe College’s property and liability insurance program.

3. PROJECT SCOPE – SPECIFICS

3.1 PHASES

3.1.1 Phase I- LCCC’s process as noted will secure from interestedbrokerage/agency firms a qualifications proposal per thespecifications provided below. Proposals from respondents will bereviewed and a limited number of firms will be selected toparticipate in Phase II.

.

3.1.2 Phase II - Based on the selection process in Phase I, a limitednumber of brokers will then be selected to be involved in themarketing of Laramie County Community College’s program. Theselected brokers will receive the insurance program specificationsand underwriting information required to secure quotes for Phase II.

3.1.3 The broker or brokers meeting the requirements of this RFP and thatare successful in bringing the best cost, coverage, and services tothe College will be provided broker of record status and will be


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contracted to provide required services.

3.2 SCOPE OF WORK

3.2.1 The selected brokerage/agency will be required to assist in theplacement of insurance and/or alternative coverage as needed.

3.2.2 LCCC’s broker will ultimately be expected to perform most, if not all, ofthe following services:

A. Risk Analysis and Insurance Marketing

1. Assist LCCC in the assessment of loss exposures.

2. Prepare a market analysis and forecast by line ofinsurance at least ninety (90) days prior to eachrenewal.

3. Assist LCCC in the design of required coverage.

4. Identify for LCCC, prior to marketing its insurancecoverage, all viable markets and provide this proposeddistribution list to LCCC for approval.

5. Prepare detailed submissions for presentation tomarkets in a timely manner. A copy of such submissionwill be provided to LCCC prior to its release.

6. Negotiate effectively with underwriters, securing thebroadest coverage at the best available cost.

7. Provide a detailed summary of all marketing activityincluding carrier’s names, underwriter contacted, finaldisposition of carrier’s quote or action, and a clearexplanation of any declination or reasons for no furtherconsideration being shown a market.

8. At least sixty to ninety (60-90) days prior to eachpolicy anniversary date, the producer must provideLCCC with renewal information, including estimatedrenewal premiums and suggested coverage changes.


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B. Administration

1. Issue binders, certificates of insurance and othercoverage verification documents as required.

2. Respond promptly to questions from LCCC.

3. Keep LCCC advised of activities taking place nationallyand locally on LCCC’s behalf.

4. Prepare and present a formal annual report to LCCCand its Board on the past year's activities and futureplans and goals.

5. Assist with cost allocations, if asked.

6. Prepare a recap of coverage bound for LCCC as earlyin the year as possible.

7. Maintain confidentiality of LCCC records.

8. Assist LCCC in the creation and maintenance of anunderwriting database on LCCC premises.

9. The producer must prepare insurance summary of allLCCC’s insurance policies including a discussion ofthe coverage provided, limit or amounts of coverage,deductibles, important coverage enhancements, keyexclusions, and the estimated annual cost of eachpolicy.

10. The producer must furnish continuing advice andcounsel to LCCC as required in developing andupdating insurable values.

11. The producer must review all contracts as requestedby LCCC and comment on the appropriateness of theinsurance and hold harmless provisions therein.

C. Claims

LCCC carries insurance on basically a first dollar basis for itsproperty/casualty coverage. Therefore, some claims willrequire the brokerage/agency to do the following:


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1. Handle the transmittal of documents to the appropriateinsurance carrier's claims service office.

2. Coordinate with LCCC on claims investigation whenrequested and, if necessary, conduct post-loss visits toassist in proper claims preparation, salvage operations,temporary protection and negotiation of claims withadjusters.

3. Act as LCCC’s advocate in claim disputes withinsurance carriers.

D. Loss Control

1. Act as a liaison between LCCC and insurancecompany loss control personnel.

2. Review and evaluate LCCC’s in-house loss controlactivities.

3. Assist LCCC in exposure analysis.

4. Develop and assist in the presentations of loss controltraining and education programs.

4. INSURANCE

4.1 Throughout the term of the Contract, the successful firm shall carry andpay the premium for liability insurance as defined by RFP SECTIONFIVE, paragraph 4, Item 4.2, with such policies of insurance in companiesand limits satisfactory to LCCC as will protect LCCC; its Board ofTrustees, officers, employees, and agents; individually and collectively,and the successful firm from Worker’s Compensation claims, arising outof wrongful acts in the performance of professional services, tothird-parties, and from claims for injury or loss from any other claims fordamages to property or for bodily injury, including death, which may arisefrom or in connection with the operations under this Contract, whethersuch operations be by the successful firm or by any subcontractor firm oranyone directly or indirectly employed by either of them. The generalliability insurance shall cover all contractual obligations which thesuccessful firm has assumed.

4.2 The limits of the insurance coverage's listed above in RFP SECTIONFOUR, Paragraph 4, Item 4.1 shall be in compliance with RFP SECTIONFIVE, Paragraph 4, Item 4.2, Attachment “B”.

4.3 Prior to the commencement of the Contract, the successful firm shalldeliver certificates of insurance evidencing such policy or policies to the


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LCCC Vice President of Business Services, or the LCCC Director,Contracting & Procurement.

4.4 “Hold Harmless” Clause: [with statement on certificate that theseendorsements are included in the policy(ies)]. The successful firmassumes the liability for all losses, damages (including loss of use),expenses, demands and claims in connection with or arising out of anyinjury or alleged injury to persons (including death) or damages or allegeddamage to property, sustained or alleged to have been sustained inconnection with or to have arisen out of the performance of the servicesby the successful firm, the subcontractor firms, and their agents, servantsand employees, including losses, expenses, or damages sustained byLCCC. The successful firm hereby undertakes and agrees to indemnifyand hold harmless LCCC; its Board of Trustees, officers, employees, andagents; individually and collectively, from any and all such losses,expenses, damages (including loss of use), demands and claims, andshall defend any suit or action brought against them, or any of them,based on any such alleged injury (including death) or damage (includingloss of use), shall pay all damages, judgments, costs, and expenses,including attorney’s fees in connection with said demands and claimsresulting therefrom. However, successful firm does not assume liabilityfor nor indemnify LCCC against any such losses resulting from the solenegligence of LCCC or its employees or agents.

4.5 “Cancellation” Clause: The policies of insurance covered by thiscertificate will not be allowed to expire, be canceled, terminated ormaterially altered prior to their maturity date unless there shall be givenno less than thirty (30) days prior written notice by certified or registeredmail to LCCC’s Vice President of Business Services or Director,Contracting & Procurement.

4.6 “Additional Insured” Clause: LCCC, its Board of Trustees, officersemployees, and agents; individually and collectively shall be listed as anadditional named insured on Commercial General Liability policies, butonly with respect to operations of successful firm under the Contract.

4.7 The procuring of the insurance required under the Contract shall notrelieve the successful firm of any obligation or liability assumed under thisContract, including specifically the Indemnification Agreement that followsin RFP SECTION FOUR, Paragraph 4, Item 4.8. The successful firmmay carry at own expense such additional insurance as it may deemnecessary. The successful firm shall assist and cooperate in everymanner possible in connection with the adjustment of all claims arisingout of successful firm’s operations within the scope provided for under theContract, and shall cooperate with the insurance carrier in all litigatedclaims and demands, arising from said operations, which the insurancecarrier or carriers are called upon to adjust or resist.

4.8 Indemnification Agreement: Successful firm shall indemnify and holdharmless LCCC; and its Board of Trustees, officers, employees, and


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agents; individually and collectively, from any and all losses, damages(including loss of use), expenses, demands and claims in connection withor arising out of any injury or alleged injury to persons (including death) ordamage or alleged damage to property, sustained or alleged to havebeen sustained in connection with or to have arisen out of theperformance of the work by the successful firm, and their agents,servants, and employees, including losses, expenses, or damagessustained by LCCC. The successful firm shall defend any suit or actionbrought against them, or any of them, based on any such alleged injury(including death) or damage (including loss of use), and shall pay alldamages, judgments, costs, and expenses, including attorneys’ fees inconnection with said demands and claims resulting therefrom. LCCCshall indemnify and hold harmless the successful firm; its officers,employees, and agents; against any and all such losses, damages,expenses, and claims resulting from the sole negligence of LCCC, or itsBoard of Trustees, officers, employees, and agents.

4.9 In the event that the successful firm shall fail to maintain and keep inforce required insurance coverage's, as hereinabove provided, LCCCshall have the right to cancel and terminate the Contract forthwith andwithout notice.

5. LAWS AND REGULATIONS

Successful firm shall comply with all laws, ordinances, and regulations of anyapplicable federal, state, county, or city government applicable to theperformance of the services described herein. LCCC agrees to provide allcooperation reasonably necessary for such compliance. In addition, successfulfirm shall also comply with all LCCC policies and regulations as may currentlyand/or in the future pertain to service under the Contract. These laws,ordinances, regulations, and policies shall apply to the Contract throughout, andthey will be deemed to be included in the Contract the same as though writtenout in full.

6. LICENSES, PERMITS, AND TAXES

Successful firm shall secure and pay for all federal, state, and local licenses andpermits required for this project and provided for herein. LCCC will cooperatewith successful firm in obtaining all licenses and permits and will execute suchdocuments as shall be reasonably necessary or appropriate for such purposes.

Successful firm shall pay for any and all taxes and assessments attributable tothis project and provided herein including but not limited to sales taxes, excisetaxes, payroll taxes, and federal, state, and local income taxes.

7. ACCOUNTING RECORDS, ACCESS, AUDITING PERIODS

7.1 Successful firm shall maintain complete and accurate accounts andrecords, in accordance with state of Wyoming and LCCC policies, of all


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finances, cost of goods, salaries and benefits, and all other expenses inconnection with this project provided under the terms of the Contract attheir main office or must promptly deliver these to LCCC upon request ordemand. All such accounts and records shall be retained by thesuccessful firm for a period of five (5) years from the close of each year’soperation and may be inspected, reviewed, or audited by a staff memberfrom the LCCC Accounting Office, or LCCC’s independent auditor at anytime during regular working hours with or without prior notice. Thesuccessful firm shall provide supporting statement documentation suchas, but not limited to, cost of services invoices, payroll cost breakdowns,other project expense invoices, and receipts, if requested by LCCC.

7.2 Successful firm shall provide the LCCC accounting department with acomplete and detailed line item invoice per billing as detailed in ensuingcontract.

8. FINANCIAL AGREEMENTS

8.1 Successful firm shall complete progress payments, if any, as detailed incontract documents.

8.2 Successful firm shall submit to LCCC a detailed services statement, alongwith supporting documentation. All services, outlined in section 1 above,whether covered under contract fee or not, shall be submitted to LCCC.

9. CONTRACT TERMS AND CONDITIONS

9.1 The Contract period shall commence on/or about July 1, 2016, andcontinue through June 30, 2019, with an annual review nine months fromconcept inception and every nine months after the anniversary date ofcontract inception.

9.2 LCCC may, at any time during the period of the Contract, terminate theContract without cause.

9.3 If, during the term of this Contract, the successful firm should be adjudgedbankrupt, become insolvent, make a general assignment for the benefit ofcreditors, cease conducting business in the normal course, suffer orpermit the appointment of a Receiver for its business or assets, or shallotherwise become the subject of proceedings under the FederalBankruptcy Act or any other statute of any state relative to insolvency orprotection of rights of creditors, then LCCC may issue a written notice oftermination of the Contract by registered or certified mail to the successfulfirm and may terminate the Contract immediately and without furthernotice.

9.4 The failure of either the successful firm or LCCC to insist upon strictperformance of any of the terms or conditions of this Contract shall not beconstrued as a waiver or relinquishment for the future of any such term orcondition, and the same shall be and shall remain in full force and effect.


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9.5 If either party is prevented from performing under the Contract because offire, explosion, water, civil disorders, labor disputes, vandalism, acts ofGod, energy related closings, other casualties, or other disturbancesbeyond the control of either of the parties, the disruptions shall not beconsidered a default of the terms of the Contract.

9.6 Either party to the Contract may make a written request for a review of itsprovisions and terms at any time and may agree to amend or revise anyor all provisions and terms. All such mutually agreed upon adjustments(hereinafter defined as Contract amendments or Change Orders) must bein writing, signed by the authorized representatives of both parties, andthe Contract amended to include same.

9.7 Neither party shall assign nor transfer the Contract or any part of samenor enter into any subcontracts for services under this Contract withoutthe prior written approval of the other party.

9.8 The successful firm is providing the services described herein as anindependent contractor firm of LCCC, not as LCCC’s agent orrepresentative. The successful firm shall not, in any manner, use thecredit or the name of LCCC in connection with its business or affairsexcept as specifically authorized in the Contract or as approved prior tosuch use by LCCC.

9.9 The Contract shall be deemed to have been executed and entered intowithin the State of Wyoming and any disputes arising hereunder shall begoverned in accordance with the laws of the State of Wyoming.

9.10 If any term or provision of the Contract shall be found to be illegal orunenforceable, then, notwithstanding such provision, the remainder of theContract shall remain in full force and effect and such term or provisionshall be deemed stricken.

10. OFFICIAL NOTICES

10.1 All official notices to LCCC under this RFP and subsequent Contract shallbe in writing and shall be delivered by registered or certified mail to:

Jamie Spezzano,Director, Contracting & ProcurementLaramie County Community College1400 East College DriveCheyenne, WY [email protected]

10.2 Successful firm shall specify its contact person for all official noticesunder this RFP or Contract, and submit to LCCC Director, Contracting &Procurement.


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11. MISCELLANEOUS

11.1 The successful firm shall give preference to Wyoming Resident vendorswhenever practical and cost effective in obtaining services and/ormaterials. Bidders should include a Wyoming Residency certificatewith proposal(s).

11.2 Subject to the prior approval of LCCC, the successful firm may utilizesome specific LCCC services, at the same cost that LCCC departmentsare billed for such services.

11.3 LCCC is only responsible for the costs specified as LCCC costs andcontained herein. All other costs, relative to the successful firm’sproposal and successful firm’s performance under the terms containedherein shall be the successful firm’s responsibility.

11.4 Prior to execution of the Contract, LCCC reserves the right to negotiatewith the successful firm any RFP requirements, terms, specifications,conditions, provisions, or other matters affiliated with this RFP andsubsequent Contract.

END OF SECTION FOUR


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SECTION FIVE

PROPOSAL FORM

1. PROPOSAL REQUIREMENTS AND FORMAT

1.1 An original and seven (7) copies of a tabbed proposal, its’ attachmentsand addenda shall be submitted as a proposal document package nolater than January 8, 2016 at 3:00 pm MST.

1.2 Original proposal shall be clearly stamped or marked as “Original”.

1.3 All submitted proposals shall be organized, tabbed, and bound as one (1)document per the tab outline noted in RFP SECTION FIVE, Paragraph 2.

1.4 Each tab shall address at a minimum the tab bullets listed in RFPSECTION FIVE, Paragraph 2, Items 2.1 thru 2.11. Failure to organizeand provide any portion of required information of this RFP shall be causefor rejection of said proposal as being unacceptable, non-responsive,non-conforming or conditional. For a listing of required submittals, seeItem 1.5 below.

1.5 Proposal package must contain at a minimum the following documentsand/or requirements. Failure to submit these documents and/orrequirements shall be cause to define the Proposal Form asunacceptable, non-responsive, non-conforming or conditional and shallresult in rejection of said proposal.

• Tabbed Proposal Form• Signed addenda page• Signed signature page

1.6 Proposals shall include only the information requested per the tabs.Proposals with excess or unnecessary information shall be judgedunacceptable, non-responsive, non-conforming or conditional and shallbe subject to rejection per RFP SECTION THREE, Paragraph 20, item20.2.

1.7 Proposals may be submitted via UPS, FEDEX, U.S. Mail, other courierservice, and/or hand-delivered. LCCC will not accept faxed or e-mailedproposals.

1.8 The undersigned agrees that this Proposal Form may not be withdrawnfor a period of one-hundred and eighty (180) days from the date of theproposal due date.


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1.9 Vendor is familiar with and is satisfied as to all federal, state and locallaws and regulations that may affect the performance of the requestedproposal work and/or services.

1.10 Vendor has given LCCC written notice of all conflicts, errors, ambiguitiesor discrepancies that the firm has discovered in the Proposal Documents,and the written resolution thereof by LCCC is acceptable to firm.

1.11 The Proposal Documents are generally sufficient to indicate and conveyunderstanding of the terms and conditions for the performance of thework and/or services for which this proposal is submitted and intended.

1.12 Vendor acknowledges receipt of complete Proposal Document RFP-16090, pages 1 thru 28 inclusive, including all Proposal Documentsincorporated by reference, and all issued addenda per RFB SECTIONFIVE, Paragraph 3.

2. PROPOSAL TABS (Required)

2.1 TAB #1 – Name of Company

2.2 TAB #2 – Provide the names and telephone numbers of at least two (2)references. These should include other educational institution accounts, asapplicable. Identify the type of service provided for each reference and thelength of time your firm has handled the account.

2.3 TAB #3 – List which markets you would most likely approach by package ormono-line as applicable, in order of preference, if chosen for Phase II of theRFP. Please address all coverages shown as applicable currently in thispacket. DO NOT TIE UP MARKETS AT THIS TIME.

2.4 TAB #4 – State your qualifications to handle LCCC's insurance portfolioand include:• Provide the names, qualifications, and location of each individual that

would be assigned to LCCC's account.• Explain the functions of each team member and how these will dovetail

to afford continuity in the services to LCCC.• Please explain how your agency affords or facilitates assistance in the

areas of claims, loss control, and safety.

2.5 TAB #5 – Proposer Servicers Details• Explain the services of your agency in the context of the services

outlined in Section 3 that you can offer LCCC and your approach tomarketing and servicing our account. We realize that the services maybe customized based on the needs of a particular customer. We areinterested in knowing what your firm sees as critical service features.

• Again, please tie your response into the expected services found in the“Scope of Services” and further assist us by highlighting additional itemsand their perceived value to LCCC. Be sure to reference those that


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are included in your commissions vs. those that are at an additionalcharge.

2.6 TAB #6 – List what your firm believes to be the three most importantresponsibilities of a broker/agent and give a very brief example of how youhave fulfilled these three responsibilities for one client. Also, please givereference information for this client.

2.7 TAB #7 - Explain why you believe that you and your organization are thebest party to represent LCCC in the marketplace and how your approach toclient services and program is unique.

2.8 TAB #8 - Provide support or recommendations regarding the effectivenessof the RFP timetable. We realize the timetable is condensed but have triedto allow adequate time for all aspects of the process. Also, please provideacknowledgement as to acceptability of your completion of the analysisspreadsheets if you are selected to assist LCCC in its marketing process.

2.9 TAB #9 - Demonstrate your understanding of the proposed changes to theway workers’ compensation will be handled in Wyoming and how this willaffect Laramie County Community College.

2.10 TAB #10 - Describe your understanding of the Wyoming GovernmentalClaims Act and how you will address this with respects your proposedinsurance program for Laramie County Community College. Please includein your response copies of policy or endorsement provisions that you or theinsurance carriers you work with use to place in the proper context coveragethat is broader that that required to protect the College from waiving itsgovernmental immunity or that would increase the liability tort caps inWyoming.

2.11 TAB # 11 - Acknowledge acceptance of the Services Agreement providedor provide all concerns regarding any provisions contained in the specimenagreement provide as this agreement will need to be expedited once anaward is made.

2.12 TAB #12 – Include as requested elsewhere with appropriate signaturedocuments.

3. PROPOSAL CHECKLIST

The following items must be completed and shall accompany the bid as definedin RFP SECTION FIVE, Paragraph 1, Items 1.4, 1.5 & 1.6:

3.1 LCCC Proposal Form, as outlined in pages 24 – 27 and LCCC’sProposal No RFP-16090, pages 22 thru 25 inclusive.

3.2 Acknowledged and signed Addenda Document.


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4. PROPOSAL ATTACHMENTS

The following documents are attached to by reference and made a condition ofand part of this bid:

4.1 Attachment A - Representative Services Agreement

4.2 Attachment B – Insurance Requirements for Contractor

5. ADDENDA FORM (Required)

5.1 All RFP addenda must be acknowledged in writing per below AddendaDocument and submitted with proposal under TAB #12.

5.2 Failure to include Addenda Document in proposal submittal may be causeto reject said proposal as being unacceptable, non-responsive,non-conforming or conditional.

5.3 Issued addenda will be transmitted via fax or electronically to eachproposer, and receipt thereof confirmed via phone or electronically.

5.4 Addenda Document – RFP SECTION FIVE, page 28.


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Proposal No. RFP-16090

Property and Liability Insurance Services Contract

Addenda Document

I, the undersigned, hereby acknowledge receipt of the following addenda for LCCCproposal No [Insert number here], and agree to submit same with proposal under Tab#12:

Addendum No. _____, Dated: ____________________





Addendum No _____, Dated: ____________________

______________________________ ________________________________Name of Company Authorized Signature

______________________________ ________________________________Printed Name Title

Dated this __________ day of ____________________, 20______


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6. SIGNATURE PAGE (Required)

6.1 Signature page must be completed in its’ entirety and submitted withproposal under TAB #12.

6.2 Signature page must be signed by firm’s authorized agent, failure to do sowill result in rejection of said proposal as being unacceptable andnon-responsive.

The undersigned, as an authorized agent for the Firm named below, acknowledges thathe/she has examined, read, and understands this Request for Proposal with its’ relateddocuments, and hereby offers to furnish all labor, materials, equipment, services, andinformation necessary to comply with the requirements, terms, specifications, conditions,and provisions set forth herein.

____________________________ ____________________________Authorized Signature Printed Name

____________________________ ____________________________Title Name of Firm

____________________________ ____________________________Mailing Address City, State, Zip

____________________________ ____________________________Phone # Fax #

________________________________________________________________E-mail address

Dated this _______ day of ____________________, 20____

END OF SECTION FIVE


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ATTACHMENT A

REPRESENTATIVE SERVICES AGREEMENT

BROKER SERVICE AGREEMENT

This BROKERAGE SERVICE AGREEMENT (the “Agreement”) is made effective_____________, 2016 by and between _____________ (“Client”), with offices at_________________________ and _________________., (“Broker”), with offices at________________. In consideration of the mutual covenants and agreements herein contained,the sufficiency of which is expressly acknowledged, and intending to be legally bound hereby, theparties hereto agree as follows:

I. DECLARATIONS

A. APPOINTMENT

CLIENT does hereby appoint Broker as its exclusive insurance broker to perform theservices set forth in this Agreement.

B. TERM

The term of this Agreement shall be three (3) years, commencing now for therenewals effective , 2016 and expiring June 30, 2019, unless soonerterminated or extended in accordance with the provisions of Section VI, ParagraphsA and B.

C. SERVICES TO BE PERFORMED

Broker shall perform certain enumerated services for CLIENT relating to itsinsurance program including but not limited to its property and liability, directors andofficers insurance, and surety bond placements. These general services are outlined inSection III, and in the event this Agreement is extended, shall be negotiated withinninety (90) days of each anniversary thereof.

D. COMPENSATION

CLIENT agrees that Broker is to be paid on a commission basis. Broker expresslyacknowledges that commission represents compensation for the services performedas set forth in this Agreement.

II. RECITALS & GOVERNING LAW

A. Broker is a licensed insurance broker in all jurisdictions in which it is placingcoverage for CLIENT, and is engaged in the exposure assessment, design, andadministration of insurance and fidelity/surety bond programs and has the capacity torender such services for CLIENT.


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B. Applicable Law/Venue: The parties mutually understand and agree the construction,interpretation, and enforcement of this Agreement shall be governed by the laws ofthe State of Wyoming. If any dispute arises between the parties from or concerningthis Agreement or the subject matter hereof, any suit or proceeding at law or in equityshall be brought in the District Court of the State of Wyoming, First Judicial District,sitting at Cheyenne, Wyoming. The foregoing provisions of this paragraph areagreed by the parties to be a material inducement to both parties in executing thisAgreement. This provision is not intended nor shall it be construed to waive LCCC’sgovernmental immunity as provided in WYO. STAT. ANN. § 1-39-101 (2011), et seq.,and all other applicable laws.

C. CLIENT desires Broker to perform the services outlined in Section III below.

D. Broker shall keep informed of and comply with all applicable federal, state and locallaws and regulations in the performance of this Agreement.

E. In the event of a dispute between the parties which results in legal proceedings, theparties agree to Alternative Dispute Resolution as described in Section VI, ParagraphC.

III. CORE SERVICE AGREEMENTS

A. Broker agrees to:

1. Confirm that coverages arranged and placed by it will be “no less broad” thanCLIENT’s current coverages.

2. Assist CLIENT and others as may be directed, to design and market the mostsecure, stable and cost-effective program, with the broadest terms and conditions,currently available in the market.

3. Assure that all applicable enhanced coverage endorsements available fromunderwriters are presented to CLIENT.

4. Assist in the preparation of materials and underwriting data required byunderwriters. This shall include working with CLIENT to gather necessaryinformation. Broker shall maintain underwriting information in a spreadsheetformat and provide same for CLIENT input annually prior to renewal.

5. Verify the accuracy and adequacy of all binders, policies, policy endorsements,invoices, claims runs and other insurance-related documents prior to delivery.Obtain revisions to such documents as needed.

6. Issue binders, certificates of insurance and other coverage verification documentson the day of binding coverage. Extension binders shall be issued until actualpolicies are issued as appropriate.

7. Endeavor to provide policies within sixty (60) days of inception with duplicateoriginals or full copies to CLIENT, as well as insurance policy summariescontaining provisions, limits, conditions, and terms of all policies.

8. Verify all rates and premiums.


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9. Invoice premium billings promptly, including any audits.

10. Prepare and/or assist with premium cost allocations, as applicable.

11. Respond to questions from CLIENT regarding insurance coverages and relatedissues (whether or not these questions relate to CLIENT’s policies placedthrough Broker) within five (5) working days of request.

12. Review insurance related documents prepared by CLIENT or others to ensureclarity, correctness, and appropriateness within five (5) working days of request.

13. Prepare and present a formal Annual Report to CLIENT detailing the status ofCLIENT’s insurance program, activities, current market conditions andaccomplishments in the previous year, proposal renewal process and plannedresults, and plans and goals for the coming year including a current schedule ofpre-renewal terms. Such schedule shall be updated one hundred and twenty(120) days before each renewal cycle to which this Agreement applies.

14. Provide renewal proposal quotes from carriers summarizing coveragesproposed, including limits, conditions, important extensions in coverage andexclusions.

15. Prepare insurance policy summaries containing provisions, limits, conditions,and terms of all policies post-renewal. Broker’s renewal proposal quotes fromcarriers need to follow a similar structure.

16. Assist CLIENT by either calculating or verifying premium changes arising fromany change in exposures.

17. Assist CLIENT with any applicable audit procedure process. For thoseunderwriters Broker represents, Broker shall be responsible for verifying andcorrecting audits. For audits on insurance policies where Broker has not placedthe coverage in question, Broker shall review the audits, on an “as requested”basis, and provide information to CLIENT as required. This provision shallsurvive termination of this Agreement.

18. Alert CLIENT on a timely basis to any material issues, changes or trends withinthe insurance industry or regulatory arena, including but not limited to markettrends pertaining to premium saving and/or increases that may impact theoperation of CLIENT.

19. Assist CLIENT in preparing proofs of loss or claims reports and provide lossruns on an annual basis in the context of policy terms.

20. Assist CLIENT in all negotiations with underwriters’ loss adjusters to resolveand secure settlements on all claims in the best interests of CLIENT.

21. Secure and review vendor contracts for review on adequacy of contractual risktransfer mechanisms, i.e. the effectiveness of insurance and indemnificationclauses with vendor and applicability of additional insured status on vendorpolicies to protect against contingent/vicarious liabilities stemming from vendorassigned responsibilities. Vendor theft, general liability, professional, cyberliability, and workers compensation exposures should be a primary focus in thecoverage and indemnification reviews performed by Broker.


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B. Service Management & Performance Appraisal

1. Broker’s service team shall consist of those individuals disclosed in the Brokerproposal during the broker selection process.

2. Broker’s adherence to quality in the performance of services outlined in thisAgreement including the timely achievement of goals and objectives shall serveas the measure of performance of Broker.

C. Miscellaneous Risk Management Servicesa. Risk management education and safety initiatives are important to the

CLIENT as is a evolving risk financing program. The broker will assistCLIENT in the establishing and implementation of goals to achieve progressin this area of focus.

b. Broker will be proactive in identifying tools and resources for employeetraining both within its firm and from the insurance companies and allocatesufficient time and instruction in bringing these resources to the CLIENT andfor its utilization.

IV. CONDITIONS

A. AUDIT

CLIENT or its authorized representative, at its expense, shall have the right to requestand review all records and accounts related to this Agreement at any time during its termand for a period of twelve (12) months following each twelve (12) month service periodgoverned by any renewal or extension of this Agreement. Broker agrees to provideCLIENT or its authorized representative with all necessary policy or invoicingdocumentation as may be requested.

Audit/Access to Records: LCCC and any of its’ designated representatives shall haveaccess to any books, documents, papers, and records of the Contractor which arepertinent to this Agreement.

B. NO WARRANTY OF INSURER SOLVENCY

Broker does not make any representations or warranties, expressed or implied,concerning the solvency or ability of any insurance company to pay claims. It is,however, the Broker’s practice to make placements with insurance companies that meetprevailing guidelines established by it from time-to-time, as circumstances and marketconditions may warrant. As part of Broker’s services to CLIENT under this Agreement,Broker shall meet with CLIENT upon request to discuss its practices in this regard, and toreview with CLIENT financial information available to it, which bears upon theunderwriters participating or quoting on CLIENT’s insurance program.

C. RELATIONSHIP OF THE PARTIES

Contractor Authority: The contractor is and shall act as an independent contractor, andhas no authority to act as agent or on behalf of LCCC or to bind LCCC to any contract or


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in any other manner. The Contractor shall function as an independent contractor for thepurposes of this Agreement, and shall not be considered an employee of LCCC for anypurpose. Nothing in this Agreement shall be interpreted as authorizing the Contractor orits’ agents and/or employees to act as an agent or representative for or on behalf of LCCCor to incur any obligation of any kind on behalf of LCCC. The Contractor agrees that nohealth/hospitalization benefit, workers’ compensation and/or similar benefits available toLCCC employees will inure to the benefit of the Contractor or the Contractor’s agents,and/or employees as a result of this Agreement.

D. ASSIGNMENT

Broker shall not assign this Agreement without the prior written consent of CLIENT. Inaddition, Broker shall not subcontract any of the services described in Section III to anyunrelated third party without the prior written consent of CLIENT.

E. KEY PERSONNEL

It having been determined that ____________, or persons approved by theSubcontracting Officer as persons of substantially equal abilities and qualifications, arenecessary for the successful performance of this agreement, BROKER agrees to assignsuch employees or persons to the performance of the work under this agreement and shallnot reassign or remove any of them without the consent of CLIENT. Whenever, for anyreason, one or more of the aforementioned employees is unavailable for assignment forwork under the agreement, BROKER shall notify CLIENT, and upon receiving approvalof CLIENT, replace such employees with employees of substantially equal abilities andqualifications. Should such employees not be acceptable to CLIENT, CLIENT maycancel the agreement.

F. AUTHORITY

Broker is authorized to procure, cancel or change the terms and conditions of insuranceor to perform other services on behalf of CLIENT upon receipt of CLIENT’s expresswritten or oral instructions.

G. DUTY OF LOYALTY

Broker understands and agrees that it owes a duty of loyalty to CLIENT under thisAgreement. Broker shall disclose in writing any direct or indirect conflicts of interest itmay have to CLIENT at the time such conflict arises. Such disclosure obligation includesbut is not limited to, working with a competitor or having a proprietary interest in aninsurance carrier. Neither CLIENT nor Broker will disclose any work product the otherparty identifies as proprietary without prior written consent.

H. CONFIDENTIALITY

Broker shall agree to the Confidentiality Agreement attached as Exhibit A, which isincorporated fully into this Agreement without the need for separate execution by theparties. Broker assumes responsibility for notifying all related parties or affiliates of theConfidentiality Agreement in advance of discussing CLIENT’s insurance program.Furthermore, Broker shall advise underwriters and other vendors of the confidentiality ofinformation provided on CLIENT’s behalf and require such information be keptconfidential.


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Confidentiality of Information: All documents, data compilations, reports,computer programs, photographs, specifications, drawings, and any other workprovided to or produced by the Contractor in the performance of this Agreement shallbe kept confidential by the Contractor unless written permission is granted by LCCCfor its’ release.

I. COOPERATION AND DISCLOSURE

1. CLIENT shall cooperate with Broker in providing timely and accurateinformation and direction to allow Broker to properly market CLIENT’s account.

2. Broker shall disclose to CLIENT all fees and commissions earned on the accountby Broker, its affiliates, and to the extent known, wholesalers and/or othersinvolved in the marketing and placement of CLIENT’s insurance. Broker shallalso disclose any proprietary relationships with markets, and excess and surpluslines’ brokers in advance of the marketing process. This disclosure ofcommissions’ requirement shall include disclosure of any type of contingent,incentive, profit sharing or other compensation paid to Broker in conjunctionwith the placement of this account by an underwriter and/or intermediary. If theactual amount paid cannot be discerned, then a general explanation of contingenttype income shall be deemed sufficient.

V. EXCLUSIONS

A. EXCLUDED SERVICES

Although Broker’s work may touch on areas handled by other professionals, Brokercannot provide legal, tax, or accounting advice and the expertise of otherprofessionals should be sought for these purposes.

B. SPECIAL PROJECTS

Fees for Special Projects are separate from and in addition to the projects andservices specified in this Agreement. Special Projects quotes as of the date of thisagreement are: None

C. NO WARRANT OF INSURER SOLVENCY

Broker provides expertise in the financial analysis of insurers but does not warranttheir continuing solvency or continuing ability to pay past, present and future claims.

VI. ADDITIONAL PROVISIONS

A. TERMINATION

Either party may terminate this Agreement by providing sixty (60) day’s advancewritten notice to the other party. At CLIENT’s option, a material breach of anobligation by the Broker under this Agreement shall be subject to ten (10) day’sadvance written notice of cancellation. Unless otherwise stated, Broker's obligationto render services in accordance with this Agreement shall cease upon the effective


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date of termination. In the event of cancellation, any commissions payable based onunearned premium as of the actual date of cancellation, if paid, shall be returned tothe insurance carrier, and will either be credited towards the premium or paid to thenew broker depending upon whether the policy remains in force or is cancelled. Anyadditional commission owed or refunds of commission paid in advance will be paidor returned within thirty (30) days of such cancellation.

D. RENEWAL

This Agreement shall be automatically renewed for successive one (1) yearterms, unless either Party shall, prior to expiration of the applicable term ofthis Agreement, give thirty (30) days prior written notice of termination to theother party. In the event any of the terms or condition are changed prior to arenewal, a new agreement, or a fully executed amendment to this Agreement,shall be required.

E. POST-TERMINATION SERVICES

Broker agrees to provision of services after termination of this Agreement untilconclusion without additional compensation so long as the continued service relatesto an event(s) or a specific service in process prior to termination.

F. ALTERNATIVE DISPUTE RESOLUTION

In the event of dispute or disagreement between Broker and CLIENT, such disputeshall be settled in accordance with the following:

In the event of a dispute between Broker and CLIENT, either party may givewritten notice to the other setting forth the nature of the dispute. The parties shallmeet and confer in Cheyenne, Wyoming in an attempt to resolve the disputewithin fifteen (15) days of the other party's receipt of the notice. Any dispute,which cannot be resolved by the parties within sixty (60) days following the endof the meet and confer process may be submitted to binding arbitration, whicharbitration shall be conducted in Wyoming in accordance with the then currentprovisions of the Commercial Arbitration Rules of the American ArbitrationAssociation in effect.

G. INDEMNIFICATION

1. Broker agrees to the fullest extent permitted by law, to indemnify and holdharmless CLIENT against all claims, damages, liabilities, costs and expenses tothe extent caused by Broker’s negligent acts in connection with the work underthis Agreement. CLIENT agrees to be responsible, subject to the limitations setforth in the Wyoming Governmental Immunity Act, WYO. STAT. ANN. § 1-39-101

(2011), et seq., for injuries sustained from an act or omission of its publicemployees occurring during the employee’s duties and with the scope of his orher employment, unless the act or omission is willful and wanton or wheresovereign immunity bars the action against CLIENT. Neither CLIENT norBroker shall be obligated to indemnify the other party in any manner whatsoever


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for the other party’s own negligence. The parties agree to provide written noticewithin thirty (30) days of the knowledge of any claim or controversy.

2. Neither CLIENT nor Broker shall be liable to the other or shall make claim forany incidental, indirect or consequential damages arising out of or connected inany way to the work referenced within this agreement. The mutual waiver ofconsequential damages includes, but is not limited to, loss of use, loss of profit,loss of business, loss of income or any other consequential damages that eitherparty may have incurred from any cause of action including negligence or breachof contract. The parties acknowledge that the CLIENT is covered and self-insured under the Wyoming Governmental Immunity Act, WYO. STAT. ANN. § 1-39-101 (2011), et seq.,

3. Indemnification: To the fullest extent permitted by law, Contractor agrees toindemnify and hold harmless LCCC, its elected and appointed officials,employees, officers, agents, successors, assignees and volunteers from any andall lawsuits, losses, liability for injuries, damages, claims, penalties, actions,demands or expenses arising from or in connection with work performed by oron behalf of Contractor for LCCC.

H. ENTIRE AGREEMENT, AMENDMENT & SEVERABILITY

This Agreement constitutes the entire understanding and agreement between CLIENTand Broker and supersedes all other prior agreements and understandings, whetherwritten or oral, between CLIENT and Broker concerning this subject matter. ThisAgreement may not be changed or modified except by agreement in writing signed by theparties. If any term or provision of this Agreement shall be held to be invalid andunenforceable, it shall not render invalid or unenforceable or affect the validity orenforceability of the remaining terms or provisions of this Agreement.

VII. CLIENT ADDITIONAL PROVISIONS

A. Sovereign/Governmental Immunity: LCCC does not waive itsGovernmental/Sovereign Immunity by entering into this Agreement and specificallyretains all immunities and defenses available to it as a governmental entity pursuant toWYO. STAT. ANN. § 1-39-101 (2013) et seq., and all other applicable laws. LCCC fullyretains all immunities and defenses provided by law with regard to any action, whether intort, contract or any other theory of law, based on this Contract. Designations of venue,choice of law, enforcement actions, and similar provisions should not be construed as awaiver of sovereign immunity. The parties agree that any ambiguity in this Agreementshall not be strictly construed, either against or for either party, except that any ambiguityas to sovereign immunity shall be construed in favor of sovereign immunity. Further,the Broker agrees to establish in the all policies of insurance the proper safeguardsnecessary to ensure that any form of protection that is broader than needed tosatisfy governmental immunity caps are established in the proper context todisallow higher liabilities than would ordinarily apply.

B. Counterparts. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original but all of which shall together constitute one


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and the same document.

C. Compliance with Law. The Parties will each comply with all applicable statutes,laws, rules, regulations, licenses, certificates, and authorizations of any governmentalbody or authority in the performance or carrying out of its obligations under thisContract.

D. Discrimination. It is agreed by both Parties that there shall be no discriminationon the basis of race, color, religion, national origin, gender, age, military status, sexualorientation, marital status, or physical or mental disability.

E. Force Majeure: Neither party shall be liable for failure to perform under thisContract if such failure to perform arises out of causes beyond the control and without thefault or negligence of the nonperforming Party. Such causes may include, but are notlimited to, acts of God or the public enemy, fires, floods, epidemics, quarantinerestrictions, freight embargoes, and unusually severe weather. This provision shallbecome effective only if the Party failing to perform immediately notifies the other Partyof the extent and nature of the problem, limits delay in performance to that required bythe event, and takes all reasonable steps to minimize delays. This provision shall not beeffective unless the failure to perform is beyond the control and without the fault ornegligence of the nonperforming Party.

F. Availability of Funds. College’s payment obligation is conditioned upon theavailability of funds which are appropriated or allocated for the payment of thisobligation. If funds are not allocated and available for the continuance of the servicesand equipment provided by Starfish the Agreement may be terminated by the College atthe end of the period for which funds are available. College shall notify Starfish at theearliest possible time of the services which will or may be affected by a shortage offunds. At the earliest possible time means at least thirty (30) days before the shortagewill affect payment of claims, if the College knows of the shortage at least thirty (30)days in advance. No penalty shall accrue to the College in the event this provision isexercised, and College shall not be obligated or liable for any future payments due or forany damages as a result of termination under this provision. This provision shall not beinterpreted or construed to permit the College to terminate this Agreement in order toacquire similar services from another party.


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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by theirrepresentatives as of the date and year first above written.

CLIENT Broker: ________________________

Address: Address:1400 E. College Dr. ________________________________Cheyenne, WY 82007 ________________________________

By: By:

Dated: ____________________________________ Dated: __________________________


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EXHIBIT A

BROKER SERVICE AGREEMENT

CONFIDENTIALITY PROVISIONS

1. Broker agrees not to disclose any confidential information of the CLIENT to Broker’semployees or agents, except to those agents and employees who are required to have theinformation in order to perform required services or assist Broker in the performance of suchservices. As a condition precedent to such disclosure to such agents and employees, Brokershall inform the agents and employees of the confidential nature of the confidentialinformation and the existence of this Exhibit A. Broker shall be responsible and liable for theactions of the agents and employees to whom it discloses the confidential information.

2. If Broker is required to share such confidential Information with an underwriter, Broker shallnotify CLIENT so that CLIENT may consent to the disclosure and, if CLIENT wishes, obtaina confidentiality agreement from the underwriter. Except as expressly provided herein,Broker shall keep the confidential information in strict confidence and shall not make anycommercial or personal use thereof or disclose it to any third party without the prior expresswritten consent of CLIENT. Broker shall exercise the same degree of care to protectCLIENT’s information that it normally exercises to preserve and safeguard its ownproprietary information.

3. At the conclusion of discussions between CLIENT and Broker or upon demand by CLIENT,whichever occurs earlier, all of CLIENT’s information held by the Broker, including copiesand written notes, shall be returned to CLIENT. However, when CLIENT is insured byBroker, Broker shall be entitled to retain such information to the extent that it is necessary forits business purposes or to the extent such information is retained automatically as part of acomputer back-up, recovery or similar system.

4. These assurances of confidentiality shall not apply to CLIENT’s information that: (i) can bedemonstrated was known to Broker before being provided by CLIENT; (ii) is or becomesknown to the public other than through disclosure by CLIENT; or (iii) is disclosed to Brokerby a third party having a right to disclose such information to Broker.

5. This Exhibit A supersedes any previous understandings, commitments, or agreements (oral orwritten) with respect to CLIENT’s information. It is the intention of the parties that anyconfidential or proprietary information of either party previously provided to the other partyand deemed as confidential, shall be governed by the Broker Services Agreement and thisExhibit A.

6. The parties recognize that a breach of the Broker Services Agreement and this Exhibit A willcause irreparable harm and that actual damages may be difficult to ascertain. Accordingly,the parties agree that, in the event of such breach, CLIENT shall have the right to pursue anyother remedy in law or equity, including injunctive relief to specifically enforce the BrokerServices Agreement and this Exhibit A. In any legal proceeding brought by CLIENT for suchbreach, CLIENT shall be entitled to an award for all of its costs, expenses, and reasonableattorney fees in addition to other relief to which it is entitled.