RFP No. 212 – Request for Proposal BREC Compensation and Benefits Plan Study
2022
REQUEST FOR PROPOSAL
BREC COMPENSATION
AND
BENEFITS PLAN STUDY
2022
Solicitation No: 212
Proposal Opening Date: May 12, 2022
Proposal Opening Time:11:00 A.M. (CT)
BREC
Recreation and Park Commission
for the Parish of East Baton Rouge
Release Date: April 12, 2022
NOTE TO PROPOSERS:
1) Submit the separate set of Proposal Forms with all required information as your
Proposal.
2) Retain the complete set of Specifications and Contract Documents for your file.
RFP No. 212 – Request for Proposal BREC Compensation and Benefits Plan Study
2022
PART I. ADMINISTRATIVE AND GENERAL INFORMATION
1.1 Background…………………………………………………………………Page 1
1.1.1 Purpose………………………………………………………………………Page 2
1.1.2 Goals and Objectives………………………………………………………Page 3
1.2 Definitions………………………………………………………………………..Page 4
1.3 Schedule of Events……………………………………………………………….Page 5
1.4 Proposal Submittal…………………………..…………………………………..Page 5
1.5
Proposal Response Format…………………………………………………..Page 6
1.5.1
Number of Response Copies……………………………………..Page 8
1.5.2
Legibility/Clarity……………………………………………..Page 9
1.6
Confidential Information, Trade Secrets, Proprietary Information……………………..Page 9
1.7
Proposal Clarifications Prior to Submittal……………………………………………...Page 10
1.7.1
Pre-proposal Conference (NON-MANDATORY)………………………………Page 10
1.7.2 Proposer Inquiry Period…………………………………………………………………Page 10
1.7.3 Blackout Period… ……………………………………………………………………….Page 11
1.8
Errors and Omissions in Proposal………………………………………………………Page 12
1.9
Proposal Guarantee(NOT REQUIRED FOR THIS RFP)………………………………Page 12
1.10
Performance Bond (NOT REQUIRED FOR THIS RFP)……………………………Page 12
1.11
Changes, Addenda, Withdrawals……………………………………………………. Page 12
1.12 Withdrawal of Proposal……………………………………………………………….Page 12
1.13 Material in the RFP…………………………………………………………………..Page 12
1.14 Waiver of Administrative Informalities………………………………………………..Page 12
1.15 Proposal Rejection……………………………………………………………………Page 12
1.16 Ownership of Proposal……………………………………………………………… Page 13
1.17
Cost of Offer Preparation………………………………………………………… Page 13
1.18
Non-negotiable Contract Terms………………………………………………… Page 13
1.19 Taxes……………………………………………………………………………………Page 13
1.20 Proposal Validity………………………………………………………………………Page13
1.21 Prime Contractor Responsibilities……………………………………………………..Page 13
1.21.1 Corporation Requirements……………………………………………………Page 13
1.22 Use of Subcontractors……….........................................................................................Page 14
1.23
Written or Oral Discussions/Presentations……………………………………………Page 14
1.24
Acceptance of Proposal Content……..……………………………………………….Page 15
1.25
Evaluation and Selection……………………………………………………………Page 15
1.26 Contract Negotiations…………………………………………………………….,,…Page 15
1.27
Contract Award and Execution………………………………………………………..Page 15
1.28
Notice of Intent to Award……………………………………………………………Page 16
1.29 Right to Prohibit Award…………………………………………………………….. Page 16
1.30 Debriefings……………..……………………………………………………………………….Page 16
1.31 Insurance Requirements……………………………………………………………………….Page 16
1.32 Subcontractor Insurance (NOT REQUIRED FOR THIS RFP)…………………………Page 16
1.33 Indemnification…………………………………………………………………………………Page 16
TABLE OF CONTENTS
RFP No. 212 – Request for Proposal BREC Compensation and Benefits Plan Study
2022
PART I. ADMINISTRATIVE AND GENERAL INFORMATION (Continued)
1.34 Payment for Services………………………………………………………………Page 17
1.35 Termination…………………………………………………………………………………Page 17
1.35.1
Termination of this Agreement for Cause……………………………………..Page 17
1.35.2
Termination of this Agreement for Convenience…………………………….Page 17
1.35.3
Termination for Lack of Appropriated Funds……………………………….Page 17
1.36 Assignment………………………………………………………………………………..Page 17
1.37 No Guarantee of Quantities……………………………………………………………Page 17
1.38 Audit of Records…………………………………………………………………………Page 18
1.39 Civil Rights Compliance……………………………………………………………….Page 18
1.40 Record Retention……………………………………………………………………….Page 18
1.41 Record Ownership…………………………………………………………………….Page 18
1.42 Content of Contract/Order of Precedence…………………………………………Page 18
1.43 Contract Changes……………………………………………………………...Page 18
1.44 Substitution of Personnel…………………………………………………………….Page 18
1.45 Governing Law………………………………………………………………...Page 19
1.46 Claims or Controversies……………………………………………………………..Page 19
1.47 Proposer’s Certification of OMB A-133 Compliance……………………………Page 19
PART II. SCOPE OF WORK/SERVICES
2.1 Scope of Work/Services…………………………………………………………Page 19
2.2 Period of Agreement……………………………………………………………………Page 20
2.3 Price Schedule…………………………………………………………………………..Page 20
2.4 Deliverables……………………………………………………………………..Page 20
2.5 Location…………………………………………………………………………Page 20
2.6 Proposal Elements………………………………………………………………..Page 20
2.6.1 Financial………………………………………………………………………… Page 20
2.6.2 Technical………………………………………………………………… Page 20
PART III. EVALUATION
3.1
Financial Proposal (Minimum Value of 30 Points)…………………………………Page 21
3.2
Technical Proposal (Value of 70 Points)……………………………………………Page 22
PART IV. PERFORMANCE STANDARDS
4.1
Performance Requirements………………………………………………………….Page 23
4.2
Performance Management Evaluation……………………………………………………Page 23
PART V. FEDERAL CLAUSES (NOT REQUIRED FOR THIS RFP)………………………Page 23
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RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
REQUEST FOR PROPOSAL
BREC Compensation and Benefits
Plan Study 2022
RFP NO. 212
PART I. ADMINISTRATIVE AND GENERAL INFORMATION
1.1
Background
The Recreation and Park Commission for the Parish of East Baton Rouge, commonly known as BREC was created by an act of
State Legislature in 1946. BREC stands for Baton Rouge Recreation, and the Commission is a separate, distinct taxing body in
East Baton Rouge Parish. Its purpose is to contribute to a healthier, more vibrant community by providing exceptional parks,
open spaces & recreation experiences for all of East Baton Rouge Parish. BREC is a political subdivision of the State. As such,
it is not an agency of the City-Parish Government or State Government.
Money for the purchase of land, new facility construction, maintenance and general operation is obtained from taxes approved
by the voters of the Parish and from the program fees. The Commission has complete control of these funds. BREC’s fiscal
year begins January 1st
and ends December 31st. There are nine (9) appointed Commission Members, who are not BREC
employees.
The Recreation and Park Commission for the Parish of East Baton Rouge is soliciting proposals from qualified consulting
firms, experienced in the development of job evaluation and compensation systems to conduct a comprehensive compensation
and benefits study for full-time and part-time employees as described herein. Our employee base is as follows:
475 Full Time Employees
450 Part Time Employees
We employ from 800 to 900 employees throughout most of the year. During our peak season April August, we
hire additional seasonal employees and employ up to 1200 total employees.
BREC is comprised of the following departments: Communications, Finance, Golf, Human Resources, Risk Management,
Information Technology, Recreation, Park Operations, Planning & Engineering, Capital Improvements and The Baton
Rouge Zoo.
The existing compensation system consists of four (4) pay plans: Executive, Exempt, Non-Exempt, Part-time and Temporary
Seasonal Hourly Wage Schedule. Each pay grade is comprised of a minimum, mid-point and maximum. The Exempt and
Non-Exempt pay plan has a spread of 60% with 16 and 12 grades respectively. The Executive pay plan has a spread of 60%
with 14 pay grades. The Part time and Temporary Seasonal pay plan has a spread of 40% with 12 pay grades.
Full time and part time employees who have met the minimum hours worked threshold move within the designated grade
based on the commission approved merit percentage which is currently 3.3%. Part time employees who have not met the
annual hours worked threshold are eligible for a rate increase. Each employee may be awarded a merit increase on their
anniversary date providing they have a good or excellent performance rating for their position. Longevity pay after 10 years
of continuous full-time service was removed with 2014 comp study. Those employed prior to March 1, 2014 are still eligible
after 10 years of continuous full-time service.
In accordance with the Commission Approved BREC Salary Administration Guidelines an annual compensation review of
one-third of all positions was performed in 2020 and 2021 respectively by the Human Resources Department. Due to the
current labor market and current reduced retention rate, it is deemed necessary that a full compensation review be completed
at this time.
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RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
The enclosed material is designed to demonstrate to prospective proposers the service requirements of the selected contractor
toward completion of Compensation and Benefits Plan Study. BREC will award a contract to a Louisiana qualified contractor,
affording BREC the highest quality service at the best cost value for those services.
The selected contractor will provide appropriate services that will improve efficiencies and effectiveness. The contractor shall
also support the individual BREC employees with their inquiries, and the contractor shall participate and assist in any BREC
training programs.
Prospective vendors are advised to carefully read the requirements of this RFP. Your response to this RFP will become part of
the agreement if your firm is selected.
1.1.1
Purpose
The purpose of this Request for Proposal (RFP) is to obtain competitive proposals as allowed by BREC governing
statutes, ordinances, resolutions and policies from bona fide, qualified proposers who are interested in providing a
comprehensive compensation and benefits study
The Recreation and Park Commission for the Parish of East Baton Rouge is soliciting proposals from qualified
consulting firms, experienced in the development of job evaluation and compensation systems to conduct a
comprehensive compensation and benefits study for full- time and part-time employees as described herein. Our
desire is to obtain a consultant who will assist BREC in reviewing the existing job descriptions and compensation
system including pay and all benefits, analyze the current job performed by employees, determine the correct
market pay for each position, establish the market value of the employee benefits package and provide a market
analysis of the total compensation including salary and benefits as compared to others of a similar size and scope as
BREC agencies(e.g., defined contribution retirement plan, health & life insurance, paid holidays, longevity pay,
professional certification pay, voluntary insurance plans such as - Dental, Vision, STD, Cancer, Term- Life,
Supplemental Retirement, and other leave benefits. The consultant shall make recommendations for improvements
to the existing system or implementation of a new job description and compensation system, provide recommended
retention strategies along with adjustments to pay and benefits that may be needed.
BREC’s goal is to provide a total compensation package to its employees that is adequate, fair and comparable to like
employers in the geographic area BREC is committed to the following:
1. Spending tax dollars prudently
2. Being considered an employer of choice to recruit highly skilled employees
3. Maintaining a highly motivated and productive workforce.
4. Connecting performance with compensation.
5. Developing a workforce that is well-equipped for success and advancement
The last compensation study conducted organization wide was in 2019 for all job classes with pay adjustments implemented
to the compensation pay plan. The existing compensation strategy was designed to position the Commission’s employee pay
structures at market, with the midpoint of the ranges being approximately at the market average of the identified markets.
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RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
1.1.2
Goals and Objectives
In order to meet the Agency’s objectives, the overall compensation and benefits study shall evaluate BREC’s present salary
and benefit structure as compared to the specific job market for comparable positions in the private and public sectors and
make recommendations for improvements to the existing system or implementation of a new compensation system along
with any adjustments to pay for internal equity and benefits that may be needed to maintain a competitive edge with other
agencies within the same geographic area. The project shall include, but is not limited to the following activities:
1. Schedule an initial meeting with BREC Management Team to discuss the process, methodology and tasks to
be performed at each phase and make oral or written presentations after each phase.
2. Conduct project information meetings with employees to explain scope and methodology of the project. Provide
materials appropriate for inclusion.
3. Review current classification grade methodology and propose recommended strategies for BREC.
4. Review current benefit package; make comment on the quality and costs of BREC’s benefit system, make
recommendations for changes that integrate into the total compensation system.
5. Conduct interviews and focus groups with employees and appropriate supervisory and management personnel,
as required.
6. Conduct ongoing and open communication between designated staff and the consultant over the course of each
phase.
7. Conduct a Job Audit and compare Position Description Questionnaire to existing job descriptions.
8. Update and/or create job descriptions to uniformly reflect the (KSA’s) knowledge, skills, abilities, competencies,
supervision received and exercised, essential job functions, responsibilities, performance expectations, minimum
qualifications, working conditions, and certifications/license requirements.
9. Identify potential pay compression issues and provide alternative solutions.
10. Assess each classification (at all levels) in relation to comparable classifications within the public sector and/or
governmental agencies. Identify job classes that need to be consolidated and the use of appropriate titles for
appropriate levels.
11. Develop a comprehensive labor market salary survey for BREC that reflects the public sector to include the
following: Identify appropriate benchmarking standards and market salary survey comparison for each benchmark
position by minimum, midpoint, and maximum; prepare cost analysis for employees in positions that fall below the
proposed minimum salaries following reclassification.
12. Develop externally competitive and internally equitable salary recommendations for each job class included in the
study. Provide an analysis of other local governmental agencies and other similar size park and recreation system.
13. Recommend appropriate salary range for each existing or proposed position based on classification, the
compensation survey results, market supply and demand, and internal relationships and equity.
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RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
14. Recommend percent spreads between ranges and within ranges for each position based on median and mean salary of
comparable. Conduct analysis of pay policies and practices and develop recommendations for the ongoing internal
administration and maintenance of the proposed classification and compensation plan.
15. Prepare a new salary structure based on the results of the survey and best practices.
16. Review the current performance evaluation system and make recommendations for streamlined evaluations and
develop a performance evaluation methodology based on a pay-for- performance system rather than a merit-based
system. Provide applicable Performance Management and Evaluation Training.
17. Develop a comprehensive pay incentive program that can be utilized for demonstrated efficiencies to the agency and
or a designated department.
18. Review current Special Entrance Rate (SER) process and make recommendations for improvement and best practices.
19. Recommend a pay tool that will provide salary data from government agencies or agencies like BREC.
20. Develop a career progression model for entry level staff members with an effort to attract new candidates as well as to
retain current employees.
21. Develop/recommend philosophy for location adjustment. To be used when/if a position is identified in a different
region to guide the determinization of a comparable salary.
22. Develop/recommend philosophy for commissioned instructors and split.
23. Recommendation for recruiting and retention strategies.
24. Recommend implementation strategies and the cost of implementing the study with a phased approached that would
be implemented over the next three (3) years.
25. Prepare final report for review with BREC staff, and present to the Commission for approval, provide
implementation support.
1.2
Definitions
A.
Shall- The term “shall” denotes mandatory requirements.
B.
Must- The terms “must” denotes mandatory requirements.
C.
May- The term “may” denotes an advisory or permissible action.
D.
Should- The term “should” denote desirable.
E.
Contractor- Any person having a contract with a governmental body.
F.
Agency- Any department, commission, council, board, office, bureau, committee, institution, agency,
government, corporation, or other establishment of BREC authorized to participate in any contract resulting
from this solicitation.
G. State- The State of Louisiana.
H. Department- Department for whom the solicitation is issued.
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RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
I. Director- Director of Finance
J. BREC – Recreation and Park Commission for the Parish of East Baton Rouge
K. Discussions - For the purposes of this RFP presentation, a formal, structured means of conducting written or oral
communications/presentations with responsible Proposers who submit proposals in response to this RFP.
L. Proposer A firm, venture or individual who responds to this RFP. The successful Proposer responsive to this RFP is also
described as the Contractor in this document.
M. RFPRequest for Proposal
N. Commission The Commission is composed of nine members, six of whom are appointed by the Metro Council two each
year- to serve a three- year term; and three of whom are ex-officio members, these being the Mayor- President, a member of
the School Board and a member of the City-Parish Planning Commission. The Commission members receive no compensation
for their services, but accept their appointments in the interest of civic betterment.
1.3
Schedule of Events
Item
Anticipated Schedule
RFP e-mailed to prospective proposers
April 12, 2022
Deadline to receive written inquiries
April 19, 2022
Deadline to answer written inquiries
April 26, 2022
Proposal Opening Date (deadline for
submitting proposals)
May 12, 2022, 11:00 A.M.
Oral discussions with proposers
To be scheduled
Notice of Intent to Award to be mailed
To be scheduled (approx 2-4 weeks after # 5-6
Contract Initiation
Upon Issuance of #7
NOTE: BREC reserves the right to deviate from these dates. An addendum will be issued timely should
there be any revisions to the RFP document.
1.4
Proposal Submittal
This RFP is available in PDF format or in printed form by submitting a written request to the RFP Contact.
(See Section 1.7.2 for this RFP contact)
All proposals shall be received by Purchasing no later than the date and time shown in the Schedule of
Events.
Physical Proposals:
Important - - Clearly mark outside of envelope, box or package with the following information and
format:
Χ Proposal Name: Request for Proposal for BREC Compensation and Benefits Plan
Study 2022
Χ Solicitation No. 212
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RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
Χ Proposal Opening Date & Time : May 12, 2022, 11:00 A.M.
Proposers are hereby advised that the U. S. Postal Service does not make deliveries to our physical
location.
Proposals may be delivered by hand or courier service to our physical location at:
BREC
Recreation and Park Commission for the Parish of East Baton Rouge
6201 Florida Blvd., Baton Rouge, LA 70806
Or mailed to:
BREC
Recreation and Park Commission for the Parish of East Baton Rouge
6201 Florida Blvd
Baton Rouge, LA 70806
Proposer is solely responsible for ensuring that its courier service provider makes inside deliveries to our
physical location. Purchasing is not responsible for any delays caused by the proposer’s chosen means of
proposal delivery.
Proposer is solely responsible for the timely delivery of its proposal. Failure to meet the proposal opening date
and time shall result in rejection of the proposal.
PROPOSALS SHALL BE OPENED PUBLICLY AND ONLY SUBMITTING PROPOSALS SHALL BE
IDENTIFIED ALOUD. PRICES SHALL NOT BE READ.
1.5
Proposal Response Format
Proposals submitted for consideration should follow the format and order of presentation described below:
A.
Cover Letter: Containing summary of Proposer’s ability to perform the services described in the RFP and
confirms that Proposer is willing to perform those services and enter into a contract with BREC. By signing
the letter and/or the proposal, the proposer certifies compliance with the signature authority required in
accordance with Louisiana law. The person signing the proposal must be:
1.
A current corporate officer, partnership member, or other individual specifically authorized to
submit a proposal as reflected in the appropriate records on file with the secretary of state; or
2.
An individual authorized to bind the company as reflected by a corporate resolution, certificate or
affidavit; or
3.
Other documents indicating authority which are acceptable to the public entity.
Proposers should exhibit their understanding and approach to the project and address how each element
will be accomplished.
The cover letter should also:
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RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
Identify the submitting Proposer;
Identify the name, title, address, telephone number, fax number, and email address of each person
authorized by the Proposer to contractually obligate the Proposer;
Identify the name, address, telephone number, fax number, and email address of the contact person
for technical and contractual clarifications throughout the evaluation period.
B.
Table of Contents: Organized in the order cited in the format contained herein.
C.
Proposer Qualifications and Experience: History and background of Proposer, financial strength and
stability, with related services to government entities existing customer satisfaction, demonstrated volume
of merchants, etc.
D.
Proposed Solution/Technical Response: Illustrating and describing proposed technical solution and
compliance with RFP requirements.
E.
RFP Compliance: Illustrating and describing compliance with the RFP requirements.
F.
Innovative Concepts: Present innovative concepts, if any, not discussed above for consideration.
G.
Project Schedule: Detailed schedule of implementation plan. This schedule is to include implementation
actions, timelines, responsible parties, etc.
H.
Financial Proposal: Proposer’s fees and other costs shall be submitted. This financial proposal shall
include any and all costs the Contractor wishes to have considered in the contractual arrangement with
BREC, including hardware, software, and implementation and training services as well as any other
proposed services. It should also include all one-time and on-going costs. Must be in a separate sealed
envelope marked “Financial Proposal”.
I.
Veteran and Hudson Initiative Programs Participation
Department: The initiative language shall be included in all requests for proposals. If your funding source
includes restrictions that may prevent the use of Hudson Initiative or Veteran Initiative, submit a request for
an exemption to the Purchasing Office which shall either deny or approve the request.
The State of Louisiana Veteran and Hudson Initiatives are designed to provide additional opportunities for
Louisiana-based small entrepreneurships (sometimes referred to as LaVet's and SE's respectively) to
participate in contracting and procurement with the State. A certified Veteran-Owned and Service-Connected
Disabled Veteran-Owned small entrepreneurship (LaVet) and a Louisiana Initiative for Small
Entrepreneurships (Hudson Initiative) small entrepreneurship are businesses that have been certified by the
Louisiana Department of Economic Development. All eligible vendors are encouraged to become certified.
Qualification requirements and online certification are available at:
https://smallbiz.louisianaeconomicdevelopment.com.
If a Proposer is not a certified small entrepreneurship as described herein, but plans to use certified small
entrepreneurship(s), Proposer shall include in their proposal the names of their certified Veteran Initiative or
Hudson Initiative small entrepreneurship subcontractor(s), a description of the work each will perform, and
the dollar value of each subcontract.
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RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
During the term of the contract and at expiration, the Contractor will also be required to report Veteran-
Owned and Service-Connected Disabled Veteran-Owned and Hudson Initiative small entrepreneurship
subcontractor or distributor participation and the dollar amount of each.
In RFP’s requiring the compliance of a good faith subcontracting plan, BREC may require Proposers to
submit information on their business relationships and arrangements with certified LaVet or Hudson
Initiative subcontractors at the time of proposal review. Agreements between a Proposer and a certified
LaVet or Hudson Initiative subcontractor in which the certified LaVet or Hudson Initiative subcontractor
promises not to provide subcontracting quotations to other Proposers shall be prohibited.
If performing its evaluation of proposals, the State reserves the right to require a non-certified Proposer to
provide documentation and information supporting a good faith subcontracting plan. Such proof may
include contracts between Proposer and certified Veteran Initiative and/or Hudson Initiative subcontractor(s).
If a contract is awarded to a Proposer who proposed a good faith subcontracting plan, the using agency, the
Louisiana Department of Economic Development (LED), may audit Contractor to determine whether
Contractor has complied in good faith with its subcontracting plan. The Contractor must be able to provide
supporting documentation (i.e., phone logs, fax transmittals, letter, e-mails) to demonstrate its good faith
subcontracting plan was followed. If it is determined at any time by the using agency, LED, that the
Contractor did not in fact perform in good faith its subcontracting plan, the contract award or the existing
contract may be terminated.
The statutes (La. R.S. 39:2171 et. seq.) concerning the Veteran Initiative may be viewed at:
http://www.legis.la.gov/Legis/Law.aspx?d=671504.
The statutes (La. R.S. 39:2001 et. seq.) concerning the Hudson Initiative may be viewed at:
http://www.legis.la.gov/Legis/Law.aspx?d=96265.
The rules for the Veteran Initiative (LAC 19:VII. Chapters 11 and 15) and for the Hudson Initiative (LAC
19:VIII Chapters 11 and 13) may be viewed at:
http://www.doa.la.gov/pages/osp/se/secv.aspx.
A current list of certified Veteran-Owned and Service-Connected Disabled Veteran-Owned and Hudson
Initiative small entrepreneurships may be obtained from the Louisiana Economic Development Certification
System at: https://smallbiz.louisianaeconomicdevelopment.com
Additionally, a list of Hudson and Veteran Initiative small entrepreneurships, which have been certified by
the Louisiana Department of Economic Development and who have opted to register in the State of
Louisiana LaGov Supplier Portal:
https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg.
This may be accessed from the State of Louisiana Procurement and Contract (LaPAC) Network:
https://wwwcfprd.doa.louisiana.gov/OSP/LaPAC/vendor/VndPubMain.cfm.
When using this site, determine the search criteria (i.e. alphabetized list of all certified vendors, by commodities,
etc.) and select SmallE, VSE, or DVSE.
1.5.1
Number of Response Copies
Each Proposer shall submit one (1) signed original response (clearly marked “ORIGINAL; one (1) electronic
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RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
copy of the proposals (flash drive). One (1) additional hard copy of the proposal should be provided (clearly
marked “COPY”), as well as one (1) redacted copy (clearly marked “REDACTED”, if applicable (See Section
1.6). The Financial Proposal shall be submitted in a labelled, separate, sealed envelope marked “Financial
Proposal”.
1.5.2
Legibility/Clarity
Responses to the requirements of this RFP in the formats requested is desirable with all questions answered in
as much detail as practicable. The Proposer’s response is to demonstrate an understanding of the requirements.
Proposals prepared simply and economically, providing a straightforward, concise description of the Proposer’s
ability to meet the requirements of the RFP is also desired. Each Proposer is solely responsible for the accuracy
and completeness of its proposal.
1.6
Confidential Information, Trade Secrets, and Proprietary Information
The designation of certain information as trade secrets and/or privileged or confidential proprietary information
shall only apply to the technical portion of your proposal. Your cost proposal will not be considered confidential
under any circumstance. Any proposal copyrighted or marked as confidential or proprietary in its entirety may
be rejected without further consideration or recourse.
For the purposes of this procurement, the provisions of the Louisiana Public Records Act (La. R.S. 44.1 et. seq.)
will be in effect. Pursuant to this Act, all proceedings, records, contracts, and other public documents relating
to this procurement shall be open to public inspection. Proposers are reminded that while trade secrets and
other proprietary information they submit in conjunction with this procurement may not be subject to public
disclosure, protections must be claimed by the proposer at the time of submission of its Technical Proposal.
Proposers should refer to the Louisiana Public Records Act for further clarification.
The Proposer must clearly designate the part of the proposal that contains a trade secret and/or privileged or
confidential proprietary information as “confidential” in order to claim protection, if any, from disclosure. The
Proposer shall mark the cover sheet of the proposal with the following legend, specifying the specific section(s)
of his proposal sought to be restricted in accordance with the conditions of the legend:
“The data contained in pages of the proposal have been submitted in confidence and contain trade secrets
and/or privileged or confidential information and such data shall only be disclosed for evaluation purposes,
provided that if a contract is awarded to this Proposer as a result of or in connection with the submission of this
proposal, BREC shall have the right to use or disclose the data therein to the extent provided in the contract. This
restriction does not limit BREC’s right to use or disclose data obtained from any source, including the proposer,
without restrictions.”
Further, to protect such data, each page containing such data shall be specifically identified and marked
“CONFIDENTIAL”.
Proposers must be prepared to defend the reasons why the material should be held confidential. If a competing
proposer or other person seeks review or copies of another proposer's confidential data, the state will notify the
owner of the asserted data of the request. If the owner of the asserted data does not want the information disclosed,
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RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
it must agree to indemnify BREC and hold BREC harmless against all actions or court proceedings that may
ensue (including attorney's fees), which seek to order BREC to disclose the information. If the owner of the
asserted data refuses to indemnify and hold BREC harmless, BREC may disclose the information.
BREC reserves the right to make any proposal, including proprietary information contained therein, available to
the Purchasing Division personnel, or other BREC agencies or organizations for the sole purpose of assisting
BREC in its evaluation of the proposal. BREC shall require said individuals to protect the confidentiality of any
specifically identified proprietary information or privileged business information obtained as a result of their
participation in these evaluations.
If your proposal contains confidential information, you should also submit a redacted copy along with your
proposal. If you do not submit the redacted copy, you will be required to submit this copy within 48 hours of
notification from Purchasing. When submitting your redacted copy, you should clearly mark the cover as such -
“REDACTED COPY” - to avoid having this copy reviewed by an evaluation committee member. The redacted
copy should also state which sections or information has been removed.”
1.7
Proposal Clarifications Prior to Submittal
1.7.1
Pre-proposal Conference (NOT REQUIRED FOR THIS RFP)
1.7.2
Proposer Inquiry Periods
An initial inquiry period is hereby firmly set for all interested proposers to perform a detailed review of the bid
documents and to submit any written questions relative thereto. Without exception, all questions MUST be in
writing (even if an answer has already been given to an oral question during the Pre-proposal conference and
received by the close of business on the Inquiry Deadline date set forth in the Calendar of Events (See Section
1.3). Initial inquiries shall not be entertained thereafter.
BREC shall not and cannot permit an open-ended inquiry period, as this creates an unwarranted delay in the
procurement cycle and operations of our departments. BREC reasonably expects and requires responsible and
interested proposers to conduct their in-depth proposal review and submit inquiries in a timely manner.
Further, we realize that additional questions or requests for clarification may generate from BREC’s addendum
responses to the inquiries received during the initial inquiry period. Therefore, a final 3-day inquiry period shall
be granted. Questions relative to the addendum shall be submitted by the close of business three working days
from the date the addendum is issued (or, posted to the LaPAC website at
https://wwwcfprd.doa.louisiana.gov/osp/lapac/deptbids.cfm.) If necessary, another addendum will be issued to
address the final questions received. Thereafter, all proposal documents, including but not limited to the
specifications, terms, conditions, plans, etc., will stand as written and/or amended by any addendum issued as a
result of the final inquiry period.
Any person aggrieved in connection with the specifications contained therein shall submit questions or concerns
in writing to Director of Purchasing (see Sect. 1.46) during the bid period. Otherwise, this will be construed as
acceptance by the bidders that the intent of the specifications is clear and that competitive proposals may be
submitted as specified herein. Protests with regard to the specification documents will not be considered after
proposals are opened.
*Note: BREC has elected to use LaPAC, the state’s online electronic bid posting and notification system that is
resident on Office of State Procurement’s website https://wwwcfprd.doa.louisiana.gov/osp/lapac/pubMain.cfm
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and is available for vendor self-enrollment. In that LaPAC provides an immediate e-mail notification to
subscribing bidders that a solicitation and any subsequent addenda have been let and posted, notice and receipt
thereof is considered formally given as of their respective dates of posting dates.
No negotiations, decisions, or actions shall be executed by any bidder as a result of any oral discussions with any
BREC employee or BREC consultant. BREC shall only consider written and timely communications from
proposers.
Inquiries shall be submitted in writing by an authorized representative of the proposer, clearly cross-referenced
to the relevant solicitation section. Only those inquiries received by the established deadline shall be considered
by BREC. Answers to questions that change or substantially clarify the solicitations shall be issued by addendum
and provided to all perspective proposers.
Inquiries concerning this solicitation may be delivered by mail, express courier, e-mail, hand, or fax to:
BREC
Recreation and Park Commission for the Parish of East Baton Rouge
6201 Florida Blvd
Baton Rouge, LA 70806
Email: lori.foreman@brec.org
Phone: (225) 272-9200, x1522
1.7.3 Blackout Period
The Blackout Period is a specified period of time during a competitive sealed procurement process in which any proposer,
bidder, or its agent or representative, is prohibited from communicating with any persons involved in any step in the
procurement process about the affected procurement. The Blackout Period applies not only to Recreation and Park
Commission employees, but also to any contractor of the Recreation and Park Commission. “Involvement” in the procurement
process includes but may not be limited to project management, design, development, implementation, procurement
management, development of specifications, and evaluation of proposals for a particular procurement. All solicitations for
competitive sealed procurements will identify a designated contact person, as per Section 1.7 of this RFP. All communications
to and from potential proposers, bidders, vendors and/or their representatives during the Blackout Period must be in accordance
with this solicitation’s defined method of communication with the designated contact person. The Blackout Period will begin
upon posting of the solicitation. The Blackout Period will end when the contract is awarded.
In those instances, in which a prospective proposer is also an incumbent contractor, the Recreation and Park Commission and
the incumbent contractor may contact each other with respect to the existing contract only. Under no circumstances may the
Recreation and Park Commission and the incumbent contractor and/or its representative(s) discuss the blacked-out
procurement.
Any bidder, proposer, or contractor who violates the Blackout Period may be liable to the Recreation and Park Commission in
damages and/or subject to any other remedy allowed by law.
Any costs associated with cancellation or termination will be the responsibility of the proposer or bidder.
Notwithstanding the foregoing, the Blackout Period shall not apply to:
1. A protest to a solicitation submitted pursuant to La. R.S. 39:1671;
2. Duly noticed site visits and/or conferences for bidders or proposers;
3. Oral presentations during the evaluation process
4. Communications regarding a particular solicitation between any person and staff of the procuring agency provided the
communication is limited strictly to matters of procedure. Procedural matters include deadlines for decisions or
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submission of proposals and the proper means of communicating regarding the procurement, but shall not include any
substantive matter related to the particular procurement or requirements of the RFP
1.8
Errors and Omissions in Proposal
BREC will not be liable for any error in the proposal. Proposer will not be allowed to alter proposal documents
after the deadline for proposal submission, except under the following condition: BREC reserves the right to
make corrections or clarifications due to patent errors identified in proposals by BREC or the Proposer. BREC,
at its option, has the right to require clarification or additional information from the Proposer.
1.9
Proposal Guarantee (if required) (NOT REQUIRED FOR THIS RFP)
1.10
Performance Bond (NOT REQUIRED FOR THIS RFP)
1.11
Changes, Addenda, Withdrawals
BREC reserves the right to change the calendar of events or issue Addenda to the RFP at any time. BREC also
reserves the right to cancel or reissue the RFP.
If the proposer needs to submit changes or addenda, such shall be submitted in writing prior to the proposal
opening, signed by an authorized representative of the proposer, cross-referenced clearly to the relevant proposal
section, and submitted in a sealed envelope marked as stated in Section 1.4. Such shall meet all requirements for
the proposal.
1.12
Withdrawal of Proposal
A proposer may withdraw a proposal that has been submitted at any time up to the proposal closing date and time.
To accomplish this, a written request signed by the authorized representative of the proposer must be submitted
to Purchasing.
1.13
Material in the RFP
Proposals shall be based only on the material contained in this RFP. The RFP includes official responses to
questions, addenda, and other material, which may be provided by BREC pursuant to the RFP.
1.14
Waiver of Administrative Informalities
BREC reserves the right, at its sole discretion, to waive administrative informalities contained in any proposal.
1.15
Proposal Rejection
Issuance of this RFP in no way constitutes a commitment by BREC to award a contract. BREC reserves the right
to accept or reject any or all proposals submitted or to cancel this RFP if it is in the best interest of BREC to do
so.
Failure to submit all non-mandatory information requested may result in BREC requiring prompt submission of
missing information and/or giving a lower score in the evaluation of the proposal.
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1.16
Ownership of Proposal
All materials submitted timely in response to this request become the property of BREC. Selection or rejection
of a response does not affect this right. All proposals submitted timely will be retained by BREC and not returned
to proposers. Any copyrighted materials in the response are not transferred to BREC.
1.17
Cost of Offer Preparation
BREC is not liable for any costs incurred by prospective Proposers or Contractors prior to issuance of or entering
into a Contract. Costs associated with developing the proposal, preparing for oral presentations, and any other
expenses incurred by the Proposer in responding to the RFP are entirely the responsibility of the Proposer, and
shall not be reimbursed in any manner by BREC.
1.18
Non-negotiable Contract Terms
Non-negotiable contract terms include but are not limited to taxes, assignment of contract, audit of records, EEOC
and ADA compliance, record retention, content of contract/order of precedence, contract changes, governing law,
claims or controversies, and termination based on contingency of appropriation of funds (if applicable).
1.19
Taxes
Any taxes, other than state and local sales and use taxes, from which BREC is exempt, shall be assumed to be
included within the Proposer’s cost.
1.20
Proposal Validity
All proposals shall be considered valid for acceptance until such time an award is made, unless the Proposer
provides for a different time period within its proposal response. However, BREC reserves the right to reject a
proposal if the Proposer’s response is unacceptable and the Proposer is unwilling to extend the validity of its
proposal.
1.21
Prime Contractor Responsibilities
The selected Proposer shall be required to assume responsibility for all items and services offered in his proposal
whether or not he produces or provides them. BREC shall consider the selected Proposer to be the sole point of
contact with regard to contractual matters, including payment of any and all charges resulting from the contract.
1.21.1 Corporation Requirements
Upon the reward of the contract, if the contractor is a corporation and not incorporated under the laws of the State
of Louisiana, the contractor shall have obtained a certificate of authority pursuant to R.S. 12:301-302 from the
Secretary of State of Louisiana prior to the execution of the contract.
Upon the award of the contract, if the contractor is a for-profit corporation whose stock is not publicly traded, the
contractor shall ensure that a disclosure of ownership form has been properly filed with the Secretary of State of
Louisiana.
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1.22
Use of Subcontractors
Each Contractor shall serve as the single prime contractor for all work performed pursuant to its contract. That
prime contractor shall be responsible for all deliverables referenced in this RFP. This general requirement
notwithstanding, Proposers may enter into subcontractor arrangements. Proposers may submit a proposal in
response to this RFP, which identifies subcontract(s) with others, provided that the prime contractor
acknowledges total responsibility for the entire contract.
BREC is an equal opportunity employer and encourages the participation of Disadvantaged Business Enterprises
(DBE) in all of its projects. Proposers/Prospective Contractors are strongly encouraged to make positive efforts
to utilize minority subcontractors for a portion of this project. Proposers are requested to include in their proposal
a description of plans for minority participation under this Contract as suppliers or subcontractors.
Information required of the prime contractor under the terms of the RFP, is also required for each subcontractor
and the subcontractors must agree to be bound by the terms of the contract. The prime contractor shall assume
total responsibility for compliance.
1.23
Written or Oral Discussions/Presentations
Written or oral discussions may be conducted with Proposers who submit proposals determined to be reasonably
susceptible of being selected for award. BREC reserves the right to enter into an Agreement without further
discussion of the proposal submitted based on the initial offers received.
Any commitments or representations made during these discussions, if conducted, may become formally recorded
in the final contract.
Written or oral discussions/presentations for clarification may be conducted to enhance BREC understanding of
any or all of the proposals submitted. Neither negotiations nor changes to vendor proposals will be allowed during
these discussions. Proposals may be accepted without such discussions.
1.24
Acceptance of Proposal Content
The mandatory RFP requirements shall become contractual obligations if a contract ensues. Failure of the
successful Proposers to accept these obligations shall result in the rejection of the proposal.
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1.25
Evaluation and Selection
All responses received as a result of this RFP are subject to evaluation by the Recreation and Park Commission’s Evaluation
Committee for the purpose of selecting the Proposer with whom the Recreation and Park Commission shall contract.
To evaluate all proposals, a committee whose members have expertise in various areas has been selected. A consensus-based
evaluation process shall be used to evaluate responses. This committee will determine which proposals are reasonably
susceptible of being selected for award. If required, written or oral discussions may be conducted with any or all of the
Proposers to make this determination.
Written recommendation for award shall be made to the Purchasing Manager for the Proposer whose proposal, conforming to
the RFP, will be the most advantageous to the Recreation and Park Commission, price and other factors considered. The
committee may reject any or all proposals if none is considered in the best interest of the Recreation and Park Commission.
The recommendation will be submitted to the Selection of Professionals Committee for their approval and BREC Commission
approval.
1.26
Contract Negotiations
If for any reason the Proposer whose proposal is most responsive to BREC’s needs, price and other evaluation
factors set forth in the RFP considered, does not agree to a contract, that proposal shall be rejected, and BREC
may negotiate with the next most responsive Proposer. Negotiation may include revision of non-mandatory terms,
conditions, and requirements. Negotiation shall also allow price reductions. The final contract form shall be
reviewed by the Purchasing Division and approved by BREC Commission prior to issuance of a purchase order,
if applicable to complete the process.
1.27
Contract Award and Execution
BREC reserves the right to enter into an Agreement without further discussion of the proposal submitted based
on the initial offers received.
The RFP, any addenda, and the proposal of the selected Contractor will become part of any contract initiated by
BREC.
In no event is a proposer to submit its own standard contract terms and conditions as a response to this RFP. The
proposer needs to address the specific language in the sample contract (Attachment F) and submit with their
proposal any exceptions or exact contract deviations that their firm wishes to negotiate. The terms for both of
these documents may be negotiated as part of the negotiation process with the exception of contract provisions
that are non-negotiable.
If the contract negotiation period exceeds 30 days or if the selected Proposer fails to sign the contract within seven
calendar days of delivery of it, BREC may elect to cancel the award and award the contract to the next- highest-
ranked Proposer.
Award shall be made to the Proposer whose proposal, conforming to the RFP, will be the most advantageous to
BREC, price and other factors considered.
BREC intends to award to a single Proposer.
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1.28
Notice of Intent to Award
Upon review and approval of the evaluation committee’s recommendation for award by Purchasing and BREC
Commission, a Notice of Intent to Award letter to the apparent successful Proposer will be issued. A contract
shall be completed and signed by all parties concerned on or before the date indicated in the Schedule of Events.
If this date is not met, through no fault of BREC, BREC may elect to cancel the Notice of Intent to Award letter
and make the award to the next most advantageous Proposer.
Purchasing shall notify all unsuccessful Proposers as to the outcome of the evaluation process. The evaluation
factors, points, evaluation committee member names, and the completed evaluation summary and
recommendation report shall be made available to all interested parties after the Intent to Award letter has been
issued.
1.29
Right to Prohibit Award
In accordance with the provisions of R.S. 39:2192, any public entity shall be authorized to reject a proposal
from, or not award a contract to, a business in which any individual with an ownership interest of five percent or
more, has been convicted of, or has entered a plea of guilty or nolo contendere to any state felony or equivalent
federal felony crime committed in the solicitation or execution of a contract or RFP awarded under the laws
governing public contracts under the provisions of Chapter 10 of Title 38 of the Louisiana Revised Statutes of
1950, and all contracts under Title 39, Chapter 17 of the Louisiana Procurement Code, including contracts for
professional, personal, consulting, and social services
1.30
Debriefings
Debriefings may be scheduled by the participating Proposers after the Intent to Award letter has been issued by
contacting Purchasing 72 hours in advance. Contact may be made by phone at 225-272-9200, extension 1522 or
e-mail to [email protected] to schedule the debriefing. Debriefings will be for the sole purpose of reviewing
with the requesting vendor their own proposal scoring results.
If the requesting vendor wishes to view other file documents, a Public Records request in accordance with R.S
44.1 et. seq. must be submitted.
1.31 Insurance Requirements
Contractor shall furnish BREC with certificates of insurance affecting coverage(s) required by the RFP (see
Attachment D. The certificates for each insurance policy are to be signed by a person authorized by that insurer
to bind coverage on its behalf. The certificates are to be received and approved by BREC before work commences.
BREC reserves the right to require complete certified copies of all required policies, at any time.
1.32 Subcontractor Insurance (Not Required for this RFP)
1.33 Indemnification
Service Provider agrees to indemnify, defend, and hold harmless BREC from any and all losses, damages,
expenses or other liabilities, including but not limited to connected with any claim for personal injury, death,
property damage or other liability that may be asserted against BREC by any party which arises or allegedly
agents in performing its obligations under this Agreement.
Service Provider, its agents, employees and insurer (s) hereby release BREC its agents and assigns from any and
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all liability or responsibility including anyone claiming through or under them by way or subrogation or otherwise
for any loss or damage which Service Provider, its agents or insurers may sustain incidental to or in any way
related to Service Provider’s operations under this Agreement.
1.34 Payment for Services
The Contractor may invoice BREC in accordance with agreed upon contractual terms. Payments will be made by
BREC within approximately thirty (30) days after receipt of a properly executed invoice, and approval by the
department. Invoices shall include the contract or purchase order number, using department and product/service
provided. Invoices submitted without the referenced documentation will not be approved for payment until the
required information is provided.
1.35 Termination
1.35.1 Termination of this Agreement for Cause- BREC may terminate this contract for cause based upon the failure of
the contractor to comply with the terms and/or conditions of the Agreement, or failure to fulfill its performance
obligations pursuant to this Agreement, provided that BREC shall give the Contractor written notice specifying the
Contractor’s failure. If within thirty (30) days after receipt of such notice, the Contractor shall not have either corrected
such failure or, in the case of failure which cannot be corrected in thirty (30) days, begun in good faith to correct
such failure and thereafter proceeded diligently to complete such correction, then BREC may, at its option, place the
Contractor in default and the Agreement shall terminate on the date specified in such notice.
The Contractor may exercise any rights available to it under Louisiana Law to terminate for cause upon the failure
of BREC to comply with the terms and conditions of this contract; provided that the contractor shall give
BREC written notice specifying BREC failure and a reasonable opportunity for BREC to cure the defect.
1.35.2 Termination of this Agreement for Convenience BREC may terminate this Agreement at any time by
giving thirty (30) days written notice to the Contractor of such termination or negotiating with the Contractor an
effective date.
The Contractor shall be entitled to payment for deliverables in progress, to the extent work has been performed
satisfactorily.
1.35.3. Termination for Lack of Appropriated Funds Should the RFP result in a multi-year contract, a non-
appropriation clause shall be made a part of the contract terms as required by state statutes, allowing BREC to terminate the
contract for lack of appropriated funds on the date of the beginning of the first fiscal year for which funds are not appropriated.
If the RFP contract services are funded by grant funds, BREC shall have the right to terminate the contract or any
issued Task Order for which funding is terminated.
1.36 Assignment
Assignment of contract, or any payment under the contract, requires the advanced written approval of BREC.
1.37 No Guarantee of Quantities
The quantities referenced in the RFP are estimated to be the amount needed. In the event a greater or lesser
quantity is needed, the right is reserved by BREC to increase or decrease the amount, at the unit price stated in
the proposal.
BREC does not obligate itself to contract for or accept more than their actual requirements during the period of
this agreement, as determined by actual needs and availability of appropriated funds.
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1.38 Audit of Records
BREC or others so designated by BREC, or other lawful entity shall have the option to audit all accounts directly
pertaining to the resulting contract for a period of five (5) years after project acceptance or as required by
applicable Local, State and Federal law. Records shall be made available during normal working hours for this
purpose.
1.39 Civil Rights Compliance
The Contractor agrees to abide by the requirements of the following as applicable: Title VI and Title VII of the
Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the
Federal Rehabilitation Act of 1973, as amended the Vietnam Era Veteran’s Readjustment Assistance Act of 1974,
Title IX of the Education Amendments of 1972, the Age Act of 1975, the Contractor agrees to abide by the
requirements of the Americans with Disabilities Act of 1990. Contractor agrees not to discriminate in its
employment practices and will render services under this Agreement and any contract entered into as a result of
this Agreement, without regard to race, color, religion, sex, sexual orientation, national origin, veteran status,
political affiliation, or disabilities. Any act of discrimination committed by Contractor, or failure to comply
with these statutory obligations when applicable shall be grounds for termination of this Agreement and any
contract entered into as a result of this agreement.
1.40 Record Retention
The Contractor shall maintain all records in relation to this contract for a period of at least five (5) years.
1.41 Record Ownership
All records, reports, documents, or other material related to any contract resulting from this RFP and/ or
obtained or prepared by Contractor in connection with the performance of the services contracted for herein
shall become the property of BREC, and shall, upon request, be returned by Contractor to BREC, at
Contractor’s expense, at termination or expiration of this contract.
1.42 Content of Contract/Order of Precedence
In the event of an inconsistency between the contract, the RFP and/or the Contractor’s Proposal, the inconsistency
shall be resolved by giving precedence first to the final contract, then to the RFP and subsequent addenda (if any)
and finally, the Contractor’s Proposal.
1.43 Contract Changes
No additional changes, enhancements, or modifications to any contract resulting from this RFP shall be
made without the prior approval of Purchasing, Superintendent’s Office and/or Commission.
Changes to the contract include any change in: compensation; beginning/ending date of the contract; scope of
work; and/or Contractor change through the Assignment of Contract process. Any such changes, once approved,
will result in the issuance of an amendment to the contract.
1.44 Substitution of Personnel
BREC intends to include in any contract resulting from this RFP the following condition:
Substitution of Personnel: If, during the term of the contract, the Contractor or subcontractor cannot provide the
personnel as proposed and requests a substitution, that substitution shall meet or exceed the requirements stated
herein. A detailed resume of qualifications and justification is to be submitted to BREC for approval prior to any
personnel substitution. It shall be acknowledged by the Contractor that every reasonable attempt shall be made to
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assign the personnel listed in the Contractor’s proposal.
1.45 Governing Law
All activities associated with this RFP process shall be interpreted under applicable Louisiana Law. All proposals
and contracts submitted are subject to provisions of the laws of the State of Louisiana including but not limited
to L.R.S.38-2211-2296; section 1:701-710 of BREC Code of Ordinances, purchasing regulations; standard terms
and conditions; special terms and conditions; and specifications listed in this RFP.
In accordance with the provisions of Louisiana R.S. 38:2212.9 in awarding contracts after August 15, 2010, any
public entity is authorized to reject the lowest bid from, or not award the contract to, a business in which any
individual with an ownership interest of five percent or more has been convicted of, or has entered a plea of guilty
or nolo contendere to any state felony crime or equivalent federal felony crime committed in the solicitation or
execution of a contract or bid awarded under the laws governing public contracts under the provisions of Chapter
10 of this Title, professional, personal, consulting, and social services procurement under the provisions of
Chapter 16 of Title 39 of the Louisiana Revised Statutes of 1950, or the Louisiana Procurement Code under the
provisions of Chapter 17 of Title 39 of the Louisiana Revised Statutes of 1950.
1.46 Claims or Controversies
Any proposer who believes they were adversely affected by BREC’s procurement process or award, may file a
protest. It must be submitted in writing to the Director of Finance and specifically state the particular facts which
form the basis of the protest and the relief requested. The written protest must be received within seven (7) days
from the date the basis of the protest was or should have been known.
BREC will take action on protests within fifteen (15) days of the receipt thereof. BREC may suspend, postpone
or defer the proposal process and/or award in whole or in part upon receipt of a protest.
A protest shall be limited to issues arising from the procurement provisions of the contact and state or local law.
Protests with regard to basic project design will not be considered.
Protests will be reviewed by a committee appointed by the Superintendent’s Office. The decision of the committee
regarding the protest will be given to the proposer in writing within ten (10) days after all pertinent information
has been considered. The decision of the Review Committee shall be a condition precedent to any other
proceedings in connection with a protest and shall be considered the administrative remedy available to the
protesting bidder.
1.47 Proposer’s Certification of OMB A-133 Compliance
Certification of no suspension or debarment. By signing and submitting any proposal for $100,000 or more, the
proposer certifies that their company, any subcontractors, or principals are not suspended or debarred by the
General Services Administration (GSA) in accordance with the requirements in OMB Circular A-133.
A list of parties who have been suspended or debarred can be viewed via the internet at http://www.sam.gov
PART II SCOPE OF WORK/SERVICES
2.1
Scope of Work/Services
See Attachment A
.
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2.2
Period of Agreement
The term of any contract resulting from this solicitation will be for one year beginning on or about June 1, 2022
and end May 31, 2023 with two (2) options to renew for 12-month periods not to extend 36 months under the
same terms, conditions and pricing as the original contract.
2.3
Price Schedule
Prices proposed by the proposers should be submitted on the Proposal Form furnished herein as Attachment B.
Prices submitted shall be firm for the term of the contract and inclusive of all charges Contractor wishes BREC
to consider for proposed services.
2.4
Deliverables
Disadvantaged and Minority Firms
It is the intent of BREC to give disadvantaged firms and minority firms the maximum practicable
opportunity to participate. Minority firms are firms that are majority owned and controlled by one or
more minority individuals minority business enterprises.
2.5
Location
The location where the work/delivery/service is to be performed, completed and managed is at BREC located at
6201 Florida Blvd., Baton Rouge, LA 70806.
2.6
Proposal Elements
Refer to Deliverables.
2.6.1 Financial
Proposal shall include prices, as well as other potential charges (if any) for proposed services associated with
the RFP program implementation and administration that you wish the Recreation and Park Commission for
the Parish of East Baton Rouge to consider.
2.6.2 Technical
Each Proposer should address how the firm will meet all the requirements of this RFP, with particular attention to:
Plans and/or schedule for implementation, or orientation, or installation, etc. (whichever is relevant to the
RFP requirements).
Plans for training.
Provision for customer service, including personnel assigned, toll-free number, and account inquiry, etc.
Resumes for account manager, designated customer service representative(s) and any other key personnel to
be assigned to this project, including those of subcontractors, if any.
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References for at least three local, state, or other governmental agencies, or private firms for whom similar or
larger scope services are currently being provided. Include a contact person and telephone number for each
reference.
Information demonstrating the Proposer's financial stability (financial statements, annual reports, or similar
data for the last three years).
Information demonstrating the Proposer’s understanding of the nature and scope of this project.
Any other information deemed pertinent by the Proposer including terms and conditions which the Proposer wishes
BREC to consider.
PART III EVALUATION
The following criteria cited herein will be evaluated when reviewing the proposals: The proposal will be
evaluated in light of the material and the substantiating evidence presented to BREC, not on the basis of
what may be inferred.
Proposals will be evaluated against the following proposal evaluation criteria, listed in relative order of importance:
a. Demonstrated Ability to Meet Scope of Work
b. Demonstrated Experience and Capabilities
c. Expertise of Key Personnel
d. References
e. Cost
Evaluation Process
In the initial phase of the evaluation process, the proposal evaluation committee will review all proposals timely received.
Unacceptable proposals (non-responsive proposals not conforming to RFP requirements) will be eliminated from further
consideration.
1. Meets Minimum Qualifications Pass/Fail
2. Meets Minimum Requirements Pass/Fail
3.1 Financial Proposal (Minimum Value of 30 pts./%)
The following financial criteria will be evaluated:
Prices proposed by the Proposers should be submitted on the Proposal Forms (or in a similar format) furnished in
Attachment B. Prices proposed shall be firm.
The information provided in response to this section will be used in the Financial Evaluation to calculate lowest
evaluated cost. (Alternate language: The cost(s) provided in proposal response will be used in the Financial
Evaluation Model to calculate lowest evaluated cost.)
Note: The Proposer must include an itemized listing of all expenses or fees (including travel) that are expected to be
paid by the Department.
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To evaluate all proposals, a committee whose members have expertise in various areas has been selected. This
committee will determine which proposals are reasonably susceptible of being selected for award. If required,
written or oral discussions may be conducted with any or all of the Proposers to make this determination.
Written recommendation for award shall be made to Purchasing for the Proposer whose proposal, conforming to the
RFP, will be the most advantageous to BREC, price and other factors considered.
The committee may reject any or all proposals if none are considered in the best interest of BREC.
The proposer with the lowest cost will be awarded maximum allocated points assigned Financial. Other proposers
will receive cost points in accordance with the following CC= (LPC/PC multiplied by MAP). CC= computed cost,
LPC= lowest proposed cost, PC= proposer’s cost and MAP=maximum allocated points
Phase 2: Cost Proposal Evaluation
Firms successful in the technical evaluation will advance to phase 2 Cost Proposal Evaluation as follows:
Evaluation Criteria Points
1. Cost 30 Points
Evaluation of Cost Proposals: The offeror with the lowest rates will receive the maximum 30 points. All other offerors will
receive points as determined by the ratio* of their rates to the lowest rates. Final price scores will be calculated based on the
following:
*Ratio Calculation: Points assigned to each offerors cost proposal will be based on the lowest proposal price. The offeror with
the lowest Proposed Price will receive 100% of the price points. All other offerors will receive a portion of the total cost points
based on what percentage higher their Proposed Price is than the Lowest Proposed Price. An Offeror whose Proposed Price is
more than double (200%) the Lowest Proposed Price will receive no points. The formula to compute the points is: Cost
Points x (2- Proposed Price/Lowest Proposed Price).
During the proposal evaluation process, informal discussion(s) may be conducted with offerors for the purpose of
clarification(s); however, proposals may be evaluated without such discussion(s).
3.2 Technical Proposal (Value of 70 Points)
The following criteria are of importance and relevance to the evaluation of this RFP. Such factors, listed in order of
importance, may include but are not limited to:
1. Technical Evaluation 70 Points
Evaluation Criteria
Ability to Meet Scope of Work:
30 Points
Company Background, Experience, Overall Governmental Experience
and Capabilities:
20 Points
Expertise of Key Personnel:
10 Points
Parks and Recreation:
5 Points
References:
5 Points
Total Possible Points
70 Points
Note: Offerors that achieve 75% of the total technical score (52.50 points) will proceed to the Phase 2 Cost Proposal
Evaluation. Offerors with a score of less than the minimum required technical score will be deemed unacceptable and ineligible
for further consideration.
23
RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
PART IV. PERFORMANCE STANDARDS
4.1
Performance Requirements
Proposal response will be incorporated into any resulting contract between BREC and proposer, and proposer
will be held accountable. BREC does, however, reserve the right to modify the proposed plans within resulting
contract to suit the needs of BREC. Performance requirements as outlined in Attachment A.
4.2
Performance Measurement/Evaluation
Based on successful completion of tasks as outlined in RFP.
Part V. FEDERAL CLAUSES (NOT REQUIRED FOR THIS RFP)
RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
ATTACHMENT A
Scope of Services
The consultant shall ensure the proper use and application of federal and state funds. Consultant shall focus on
maximizing eligible, allocable federal dollars. Consultant shall conduct efficient processes that reduce the
timeline for eligibility determinations that support project cash flow sources and uses.
In order to meet the Agency’s objectives, the overall compensation and benefits study shall evaluate BREC’s
present salary and benefit structure as compared to the specific job market for comparable positions in the
private and public sectors and make recommendations for improvements to the existing system or
implementation of a new compensation system along with any adjustments to pay for internal equity and
benefits that may be needed to maintain a competitive edge with other agencies within the same geographic area.
The project shall include, but is not limited to the following activities:
1.
Schedule an initial meeting with BREC Management Team to discuss the process,
methodology and tasks to be performed at each phase and make oral or written presentations
after each phase.
2.
Conduct project information meetings with employees to explain scope and methodology of the
project. Provide materials appropriate for inclusion.
3.
Review current classification grade methodology and propose recommended strategies for BREC.
4.
Review current benefit package; make comment on the quality and costs of BREC’s benefit
system, make recommendations for changes that integrate into the total compensation system.
5.
Conduct interviews and focus groups with employees and appropriate supervisory and
management personnel, as required.
6.
Conduct ongoing and open communication between designated staff and the consultant over the
course of each phase.
7.
Conduct a Job Audit and compare Position Description Questionnaire to existing job
descriptions.
8.
Update and/or create job descriptions to uniformly reflect the (KSA’s) knowledge, skills, abilities,
competencies, supervision received and exercised, essential job functions, responsibilities,
performance expectations, minimum qualifications, working conditions, and certifications/license
requirements.
9.
Identify potential pay compression issues and provide alternative solutions.
10.
Assess each classification (at all levels) in relation to comparable classifications within the public
sector and/or governmental agencies. Identify job classes that need to be consolidated and the use
of appropriate titles for appropriate levels.
RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
11.
Develop a comprehensive labor market salary survey for BREC that reflects the public sector to
include the following: Identify appropriate benchmarking standards and market salary survey
comparison for each benchmark position by minimum, midpoint, and maximum; prepare cost
analysis for employees in positions that fall below the proposed minimum salaries following
reclassification.
12.
Develop externally competitive and internally equitable salary recommendations for each job class
included in the study. Provide an analysis of other local governmental agencies and other similar
size park and recreation system.
13.
Recommend appropriate salary range for each existing or proposed position based on
classification, the compensation survey results, market supply and demand, and internal
relationships and equity.
14.
Recommend percent spreads between ranges and within ranges for each position based on median
and mean salary of comparable. Conduct analysis of pay policies and practices and develop
recommendations for the ongoing internal administration and maintenance of the proposed
classification and compensation plan.
15.
Prepare a new salary structure based on the results of the survey and best practices.
16.
Review the current performance evaluation system and make recommendations for streamlined
evaluations and develop a performance evaluation methodology based on a pay-for- performance
system rather than a merit-based system. Provide applicable Performance Management and
Evaluation Training.
17.
Develop a comprehensive pay incentive program that can be utilized for demonstrated efficiencies to
the agency and or a designated department.
18.
Review current Special Entrance Rate (SER) process and make recommendations for improvement
and best practices.
19.
Recommend a pay tool that will provide salary data from government agencies or agencies like
BREC.
20.
Develop a career progression model for entry level staff members with an effort to attract new
candidates as well as to retain current employees.
21.
Develop/recommend philosophy for location adjustment. To be used when/if a position is identified
in a different region to guide the determinization of a comparable salary.
22.
Develop/recommend philosophy for commissioned instructors and split.
23.
Recommendation for recruiting and retention strategies.
24.
Recommend implementation strategies and the cost of implementing the study with a phased
approached that would be implemented over the next three (3) years.
RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
25.
Prepare final report for review with BREC staff, and present to the Commission for approval, provide
implementation support
Consultant will keep track and monitor own time and activities by project, or as allowable under the provisions
of Federal guidance for direct administrative, indirect, and project management costs (reference Federal
regulations and policy guidance for these topics).
Consultant will provide written performance and status reports to BREC on the status of the scope of work as
requested. The performance and status report should include, but is not limited to, the following:
Hours billed and amount invoiced by personnel
Obligated amounts versus eligible estimates
Requests for Reimbursement submitted
Estimated and actual costs
Reimbursements received by BREC
Issues requiring assistance
RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
ATTACHMENT B
PROPOSAL FORM
BREC
Sealed proposals will be received until 11:00 A.M., Local Time May 12, 2022 by the Purchasing
Division, 6201 Florida Blvd, Rm 1501, Baton Rouge, La 70806 Immediately after 11:00
A.M.
of the same day and date, proposals will be publicly opened.
PROPOSAL OF
ADDRESS
DATE
BREC
Finance Director
6201 Florida Blvd
Baton Rouge, LA 70806
The undersigned hereby agrees to furnish all materials, tools, equipment, insurance and labor to perform all services
required for the following project:
RFP No. 212 BREC Compensation and Benefits Plan Study 2022
as set forth in the following Contract Documents:
1.
Notice to Proposers
2.
The Specifications (Administrative and General Information, Scope of Work/Services, Evaluation, Performance
Standards, Attachments and Appendix.)
3.
Proposal Forms with Attachments
4.
Agreement
5.
The following enumerated addenda: receipt of which is hereby acknowledged.
The undersigned declares that the only persons or parties interested in this proposal as principals are those named herein;
that this proposal is made without collusion of any kind with any other person, firm, association or corporation; that the
undersigned has carefully examined the site of the proposed work, and proposes, and agrees, if this proposal is accepted,
to do all the work and furnish all the services specified in accordance with the requirements of the Contract Documents
and to accept as full compensation therefore the total amount of the prices herein proposed, subject to any mutually agreed
upon amendments.
RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
The undersigned agrees that the proposal is firm until time of award.
The undersigned agrees to execute the Agreement and Affidavit and furnish to BREC all insurance
certificates and performance bond (if applicable) required for the project within fifteen (15) calendar
days after receiving notice of award from BREC.
The undersigned further agrees that the work will begin on the date specified in the Notice to Proceed,
projected to be on or about and shall be diligently prosecuted at such
rate and in such manner as, in the opinion of BREC's Representative is necessary for the prosecution
of the work within the times specified in the Agreement, it being understood that time is of the essence.
(NOTE: may or may not be required for all proposals)Accompanying this proposal is a certified check,
cashier’s check or a proposal bond representing $ payable to BREC. If this
proposal shall be accepted and the undersigned shall fail to execute the Agreement and furnish
performance surety bond (if applicable), then the proposal security will be forfeited.
The price for performance of all services in accordance with the Contract Documents is based on the
unit (or other costs) proposed and accepted after contract negotiations.
NOTE: This financial proposal shall include any and all costs the Contractor wishes to have
considered in the contractual arrangement with BREC. If quoted as a lump sum, individual
rates and itemized costs included in lump sum are to be included with proposal submittal.
All supplemental information requested is enclosed or presented in a separate sealed box or envelope.
( SIGNATURE)
(Typed Name and Title)
THE ATTACHED BIDDER’S ORGANIZATION SHEET MUST BE COMPLETED
TO INDICATE WHETHER BIDDER IS AN INDIVIDUAL, PARTNERSHIP, ETC.
RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
AFFIDAVIT
BREC - Recreation and Park
Commission for the Parish of East
Baton Rouge
BEFORE ME, the undersigned authority, personally came and appeared
who, being duly sworn did depose and say:
That he is a duly authorized representative of
receiving value for services rendered in connection with:
RFP #212 Request for ProposalBREC Compensation and Benefits
Plan Study 2022
a public project of BREC, Parish of East Baton Rouge, Louisiana: that he has employed no person,
corporation, firm, association, or other organization, either directly or indirectly, to secure the public contract
under which he received payment, other than persons regularly employed by him whose services in
connection with the construction, alteration, or demolition of the public building or project or in securing the
public contract were in the regular course of their duties for him; and that no part of the contract price
received by him was paid or will be paid to any person, corporation, firm, association, or other organization
for soliciting the contract, other than the payment of their normal compensation to persons regularly
employed by him whose services in connection with the construction of the public building or project were in
the regular course of their duties for him.
This affidavit is executed in compliance with the provisions of LA R.S. 38:2224.
Affiant's Signature
SWORN TO AND SUBSCRIBED before me, on this day of , 20 .
Baton Rouge, Louisiana.
NOTARY PUBLIC
RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
Attachment C
PRICING SHEET
List all pricing details here or in a format similar to this schedule.
Annual Professional Service Fee $
BREC is exempt from all Federal and State Taxes. FEIN: 72-6015451
Manpower $
Variable $
Overhead Costs $
Total cost for 1-year contract: $
(Renewable for 2 additional years under the same terms, conditions and pricing.)
Any Additional charges: $
(Describe in Detail):
RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
Attachment D
PROPOSER’S
ORGANIZATION
PROPOSER IS:
AN INDIVIDUAL
Individual's Name:
Doing business as:
Address:
Telephone No.: Fax No.:
A PARTNERSHIP
Firm Name:
Address:
Name of person authorized to sign:
Title:
Telephone No.: Fax No.: Email:
A LIMITED LIABILITY COMPANY
Company Name:
Address:
Name of person authorized to sign:
Title:
Telephone No.: Fax No.: Email:
A CORPORATION
IF BID IS BY A CORPORATION, THE CORPORATE RESOLUTION MUST BE SUBMITTED WITH BID.
Corporation Name:
Address:
State of Incorporation:
Name of person authorized to sign:
Title:
Telephone No.: Fax No.: Email:
IF BID IS BY A JOINT VENTURE, ALL PARTIES TO THE BID MUST COMPLETE THIS FORM.
RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
CORPORATE RESOLUTION
A meeting of the Board of Directors of
a corporation organized under the laws of the State of
and domiciled in was held this day ,2022
and was attended by a quorum of the members of the Board of Directors.
The following resolution was offered, duly seconded and after discussion was unanimously adopted by
said quorum:
BE IT RESOLVED, that
is hereby authorized to submit proposals and execute agreements on behalf of this corporation with BREC, for
the Parish of East Baton Rouge.
BE IT FURTHER RESOLVED, that said authorization and appointment shall remain in full force and effect,
unless revoked by resolution of this Board of Directors and that said revocation will not take effect until the
Finance Director of BREC, shall have been furnished a copy of said resolution, duly certified.
I, , hereby certify that I am the Secretary of ,
a corporation created under the laws of the State of domiciled in ;
that the foregoing is a true and exact copy of a resolution adopted by a quorum of the Board of Directors of said
corporation at a meeting legally called and held on the day of 2022, as said resolution appears
of record in the Official Minutes of the Board of Directors in my possession.
This day of , 2022
SECRETARY
RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
Attachment E
Insurance Requirements for RFP No. 212 – Request for Proposal for BREC Compensation and Benefits Plan Study 2022
CONSULTANT’S AND SUB-CONSULTANT’S INSURANCE: Consultant and any sub-consultants shall carry and maintain at least
the minimum insurance as specified below until completion and acceptance of the work covered by this contract. Consultant shall not
commence work under this contract until certificates of insurance have been approved by BREC Purchasing Division. Insurance
companies listed on certificates must have industry rating of A-, Class VI or higher, according to Best's Key Rating Guide. Consultant
is responsible for assuring that its sub-consultants meet these insurance requirements.
A. Commercial General Liability on an occurrence basis:
General Aggregate
$2,000,000
Each Occurrence
$1,000,000
B. Business Auto Policy
Any Auto; or Owned, Non-Owned & Hired:
Combined Single Limit
$1,000,000
C.
Standard Workers Compensation - Full statutory liability for State of Louisiana with Employer's Liability Coverage.
D.
BREC, must be named as additional insured on all general liability policies described above.
E.
Professional Liability coverage for errors and omissions is not required, but Parish shall have the benefit of any such
insurance carried by Consultant.
F.
Certificates must provide for thirty (30) days written notice to Certificate Holder prior to cancellation or
change.
G.
The Certificate Holder should be shown as: BREC, 6201 Florida Blvd, Baton Rouge, Louisiana 70806
NOTE TO PROPOSERS:
1)
Submit evidence of these Insurance Requirements with all required information set forth in the solicitation
documents as your proposal.
2)
Retain the complete set of Specifications and Contract Documents and a copy of the Insurance Forms for your
files.
RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
Attachment F
Sample Contract Terms for RFP No. 212 – BREC Compensation and Benefits Plan Study 2022
This Contract, made and entered into at Baton Rouge, Louisiana, effective this day of , 20
by and between BREC, herein referred to as BREC and
herein referred to as “Consultant ( Service Provider/Contractor, whichever is applicable, may be substituted)”.
Consultant shall provide consulting services as described herein for …
Consultant agrees to proceed, upon written notice of the Director of (designate department contact if not
department head or director), with all professional services necessary for the performance, in proper sequence and in the
time specified, of the items of work as hereinafter set forth. Services will be subject to review and administration by the
office requesting the service unless designated otherwise by BREC. All the services required hereunder will be performed
by Consultant or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized
or permitted under state and local law to perform such services.
SCOPE OF SERVICES: The services to be rendered by the Consultant for this project shall be as follows: (generally a
brief scope could be written here or reference to an attachment with greater detail would be given.)
SERVICE LEVELS: May be added as deemed necessary.
CONTRACT MODIFICATIONS: No amendment or variation of the terms of this contract shall be valid unless made in
writing, signed by the parties and approved as required by law. No oral understanding or agreement not incorporated in the
contract is binding on any of the parties.
Changes to the contract include any change in a) compensation; b) beginning/ending date of the contract; c) scope of work;
and/or d) contractor change through the assignment of contract process. Any such changes, once approved, will result in the
issuance of an amendment to the contract.
GENERAL REQUIREMENTS: With the exception of the services specifically listed to be furnished by BREC Consultant
shall, for the agreed fees, obtain all data and furnish all services and materials required to provide the contracted services.
All items required to accomplish these results, whether or not specifically mentioned in this contract, including attendance
by the Consultant or their representatives at conferences and public hearings, are to be furnished at the expense of
Consultant.
SERVICES TO BE PERFORMED BY BREC: BREC will furnish the Consultant without charge all information which
it has in its files which may be useful to the Consultant in carrying out this work, as well as assistance in securing data from
others to the extent available. BREC shall provide (define BREC responsibilities
here) when/where necessary, to perform the work.
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RFP No. 212 – Request for Proposal for BREC Compensation & Benefits Plan Study 2022
COMPENSATION AND PAYMENT: BREC shall pay, and Consultant agrees to accept compensation for the Consulting
services to be performed under this contract, at the rates indicated on the Cost Proposal Form attached and made a part of
the contract.
Monthly invoices for work completed to date may be submitted by Consultant, and subject to the approval of
the Department Head or his/her designee, will be paid within 30 days after approval.
CONTRACT TIME: The services to be performed under this contract shall be commenced promptly by the Consultant
and shall be completed as defined in the notice to proceed issued for each event.
COMMENCEMENT OF WORK: No work shall be performed by Consultant and BREC shall not be bound until such
time as a Contract is fully executed between BREC and the Contractor and all required approvals are obtained at which
time Task/Work Orders will be used to order specific quantities and types of services.
OWNERSHIP OF DOCUMENTS: All data collected by Consultant and all documents, notes, drawings, tracings and files
collected or prepared in connection with this work, except Consultant’s personal and administrative files, shall become the
property of BREC, and BREC shall not be restricted in any way whatsoever in its use of such materials.
DELAYS AND EXTENSIONS: Consultant will be given an extension of time for delays beyond their control such as
weather or those caused by tardy approvals of work in progress, but no additional compensation shall be allowed for such
delays.
TERMINATION OR SUSPENSION: BREC may terminate this contract for cause based upon the failure of the
contractor to comply with the terms and/or conditions of the Agreement, or failure to fulfill its performance obligations
pursuant to this Agreement, provided that BREC shall give the contractor written notice specifying the Consultant’s
failure. If within days after receipt of such notice, the Consultant shall not have either corrected such failure or, in
the case of failure which cannot be corrected in days, begun in good faith to correct such failure and thereafter
proceeded diligently to complete such correction, then BREC may, at its option, place the Consultant in default and the
Agreement shall terminate on the date specified in such notice.
The Contractor may exercise any rights available to it under Louisiana Law to terminate for cause upon the failure of
BREC to comply with the terms and conditions of this contract; provided that the contractor shall give BREC written
notice specifying BREC failure and a reasonable opportunity for BREC to cure the defect.
BREC may terminate this Agreement at any time by giving days written notice to the Consultant of such termination
or negotiating with the Consultant an effective date.
The Contractor shall be entitled to payment for deliverables in progress, to the extent work has been performed
satisfactorily.
Should BREC find it necessary to suspend the work for lack of funding or other circumstances beyond its control, this
may be done by days notice given by BREC in writing to that effect. The work may be reinstated and resumedin full
force and effect upon receipt from BREC of days notice in writing to that effect.
This agreement shall ipso-facto terminate three years after the date of the suspension of the work as provided above if the
work has not been reinstated and resumed by notice from BREC during the three year period, and neither party
shall have any further obligation to the other party.
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DISPUTES: Any dispute concerning a question of fact in connection with the work not disposed of by agreement between
the parties shall be referred to the Director of Finance or her duly authorized representative for determination, whose
decision in the matter shall be final and conclusive on the parties to this contract. This disputes clause does not foreclose
the rights of the parties with respect to questions of law in connection with decisions provided for in the foregoing sentence.
INDEPENDENT CONTRACTOR OBLIGATION: Consultant shall be an independent contractor under this contract
and shall assume all of the rights, obligations and liabilities applicable to him as an independent contractor hereunder.
Consultant shall perform all details of the services in a manner consistent with that level of care and skill ordinarily exercised
by other professional Consultants under similar circumstances at the time the services are performed, with BREC interested
only in the results of the work.
COMPLIANCE WITH APPLICABLE LAWS: Consultant shall procure all permits and licenses applicable to
the services to be performed and shall comply with any and all Local, State and Federal laws including those
regarding age, citizenship, hours, wages and conditions of employment affecting the service covered by this
agreement. Consultant shall pay the contributions measured by wages of his employees required by the Federal
Unemployment Tax Act, Federal Insurance Contributions Act, and any other payroll tax as required by law.
INDEMNITY: Service Provider agrees to indemnify, defend, and hold harmless BREC from any and all losses, damages,
expenses or other liabilities, including but not limited to connected with any claim for personal injury, death, property
damage or other liability that may be asserted against BREC by any party which arises or allegedly agents in performing its
obligations under this Agreement.
Service Provider, its agents, employees and insurer (s) hereby release BREC its agents and assigns from any and all liability
or responsibility including anyone claiming through or under them by way or subrogation or otherwise for any loss or
damage which Service Provider, its agents or insurers may sustain incidental to or in any way related to Service Provider’s
operations under this Agreement
.
PERSONAL INTEREST: Consultant covenants that he presently has no interest and shall not acquire any interest, direct or
indirect, in the above described Study or any other interest which would conflict in any manner or degree with the performance
of his services hereunder. The Consultant further covenants that in the performance of his contract no person having any such
interest shall be employed.
AFFIDAVIT AND CORPORATE RESOLUTION: Consultant shall attest by Affidavit, a sworn statement that this contract
was not secured through employment or payment of a solicitor. If Consultant is a corporation, a corporate resolution is furnished
as evidence of authority to execute the contract.
CIVIL RIGHTS COMPLIANCE: The Contractor agrees to abide the requirements of the following as applicable: Title VI and
Title VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the
Federal Rehabilitation Act of 1973, as amended the Vietnam Era of 1975, the Contractor agrees to abide by the requirements of
the Americans with Disabilities Act of 1990. Consultant agrees not to discriminate in its employment practices and will render
services under this Agreement and any contract entered into as a result of this Agreement, without regard to race, color, religion,
sex, sexual orientation, national origin, veteran status, political affiliation, or disabilities. Any act of discrimination committed by
Consultant, or failure to comply with these statutory obligations when applicable shall be grounds for termination of this
Agreement and any contract entered into as a result of this agreement.
ADDITIONAL REQUIREMENTS OF FEDERAL GRANT FUNDED PROJECTS: If the project is funded in whole
or in part by Federal Grants, Consultant shall comply with the Federal Requirements. Consultant shall also include these
Federal Requirements in any sub-contracts.
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TAXES: Any taxes, other than state and local sales and use taxes, from which BREC is exempt, shall be assumed to be
included within the Consultant’s cost.
RIGHT TO AUDIT: BREC or others so designated by BREC, or other lawful entity shall have the option to audit all
accounts directly pertaining to the resulting contract for a period of five (5) years after project acceptance or as required by
applicable Local, State and Federal law. Records shall be made available during normal working hours for this purpose.
ASSIGNMENT: Assignment of contract, or any payment under the contract, requires the advanced written approval of
BREC.
CONFIDENTIALITY: The following provision will apply unless BREC agency statement of work specifically indicates
that all information exchanged will be non-confidential:
All financial, statistical, personal, technical and other data and information relating to BREC’s operations which are
designated confidential by the State and made available to the Contractor in order to carry out this contract, shall be protected
by the Contractor from unauthorized use and disclosure through the observance of the same or more effective procedural
requirements as are applicable to BREC. The identification of all such confidential data and information as well as BREC’s
procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided
by BREC in writing to the Consultant. If the methods and procedures employed by the Consultant for the protection of the
Consultant's data and information are deemed by BREC to be adequate for the protection of BREC’s confidential
information, such methods and procedures may be used, with the written consent of BREC, to carry out the intent of this
paragraph. The Consultant shall not be required under the provisions of the paragraph to keep confidential any data or
information, which is or becomes publicly available, is already rightfully in the Consultant’s possession, is independently
developed by the Consultant outside the scope of the contract, or is rightfully obtained from third parties.
RECORD RETENTION: The Consultant shall maintain all records in relation to this contract for a period of at least five
(5) years from close of file.
ORDER OF PRECEDENCE
The Request for Proposals (RFP), dated , and the Consultant's Proposal dated , are
attached hereto and, incorporated into this Contract as though fully set forth herein. In the event of an inconsistency
between this Contract, the RFP and/or the Consultant's Proposal, unless otherwise provided herein, the inconsistency shall
be resolved by giving precedence first to this Contract, then to the RFP and subsequent addenda (if any) and finally, the
Consultant's Proposal.
GOVERNING LAW: This Contract shall be governed by and interpreted in accordance with the laws of the State of
Louisiana. Venue of any action brought with regard to this Contract shall be in the Nineteenth Judicial District Court, parish
of East Baton Rouge, State of Louisiana.
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COMPLETE CONTRACT
This is the complete Contract between the parties with respect to the subject matter and all prior discussions and negotiations
are merged into this contract. This contract is entered into with neither party relying on any statement or representation
made by the other party not embodied in this contract and there are no other agreements or understanding changing or
modifying the terms. This Contract shall become effective upon final approval by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as the day and year first above written.
CONTRACTOR/CONSULTANT COMPANY NAME:
By:_
(Contractor signature)
Date:
(Printed Name)
(Address) (Phone #)
(Email Address) (Fax #)
RECREATION AND PARK COMMMISSION FOR THE PARISH OF EAST BATON
ROUGE (BREC)
By:
(BREC Director/Assistant Director)
Date:
(Printed Name) BREC Contact Person:
6201 Florida Blvd., Baton Rouge, LA 70806
(Address)
(Phone #)
(Fax #)
(Email Address)
By:_
Corey K. Wilson, BREC Superintendent
Date:
Estimated Annual Compensation: for the term of this agreement
Cost Center:
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