Request for proposal for

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Excess Workers Compensation Employers Liability Insurance

CONTACT PERSON: Kathy Arrington, Director

Office of Budget & Purchasing

MAILING ADDRESS: Atlantic County Government

Division of Budget & Purchasing

6th Floor

1333 Atlantic Ave.

Atlantic City, NJ 08401

PROPOSAL DUE: 11:00 am NOVEMBER 13, 2009

Public Notice is hereby given that SEALED PROPOSALS will be received by the Purchasing Agent of the County of Atlantic, New Jersey at 11:00am prevailing time on NOVEMBER 13, 2009 in the Conference Center 4th Floor; 1333 Atlantic Avenue; Atlantic City, New Jersey for:
RFP- 200944.3 REQUEST FOR PROPOSAL FOR Excess Workers Compensation Employers Liability Insurance
The County of Atlantic is requesting proposals for the January 1, 2010 placement of its Excess Workers Compensation and Employers Liability Insurance. Coverage is to be written as excess above a Self Insured Retention (SIR).
Agents as described under VIII Market Assignments responding to the RFP must submit a request for, and receive, a County market assignment. Agents who request a quote from a carrier assigned to another agent, and/or who block a carrier assigned to another agent, will be automatically disqualified from submitting a proposal.
Requests for Proposals will be available October 19, 2009 to October 30, 2009. The RFP will not be available after the stated time.
All market request forms must be in writing, (fax acceptable) and received by Kathy Arrington, Director Budget & Purchasing no later than the close of business on NOVEMBER 6, 2009.
Specifications and blank Bid Forms may be obtained online at the following web address
Any questions concerning this specification must be directed to the Office of Budget & Purchasing in writing by email to or fax (609) 343-2193
Proposers are required to comply with requirements of NJSA 10:5-31 et seq. and N.J.A.C. 17:27
Proposers must abide by the New Jersey Prevailing Wage Act, P.L. 1963, Chapter 150.

The Contractor must comply with the applicable special “Pay to Play” restrictions adopted by the Board of Chosen Freeholders

The County of Atlantic reserves the right to reject any or all proposals
By order of the County Executive of the County of Atlantic

Kathy Arrington; Director,

Budget & Purchasing

County of Atlantic, New Jersey




PROJECT PROPOSAL (to be submitted with the proposal)
Political Contribution Form

Affirmative Action Requirements

Non-Collusion Affidavit

Recycling Compliance Affidavit



Part I - Introduction
The County of Atlantic is requesting proposals for EXCESS WORKERS COMPENSATION AND LIABILITY COVERAGE for Atlantic County effective January 1, 2010 through December 31, 2011. Proposals may be mailed and delivered to:

Kathy Arrington, Director of Budget & Purchasing

Atlantic County Government

1333 Atlantic Ave.; 6th Floor

Atlantic City, NJ 08401
Proposals must be submitted on or before NOVEMBER 13, 2009 by 11:00 a.m. Late submissions will not be entertained.
Part II - General Conditions
A. Instructions

All questions must be answered. All forms and required certifications, which are located at the end of the RFP, (Affirmative Action, Political Contribution Form, Non-Collusion Affidavit, Recycling and Insurance Certificate) must be completed and submitted with your proposal.

Each proposal shall include a Letter of Transmittal which bears the original signature of an authorized representative of the vendor and which also includes the name of individuals authorized to negotiate with the County of Atlantic.
Each proposal shall include a full explanation of the services that will be provided.
Proposals shall be in sufficient detail to determine and evaluate the services provided.
One original and one electronic pdf file format of the completed proposal must be delivered by NOVEMBER 13, 2009 to the Atlantic County Office of Budget and Purchasing, 6th Floor - 1333 Atlantic Avenue, Atlantic City, New Jersey 08401 by 11:00 a.m. EDT on that date. Late proposals will not be eligible for review.
Each proposal must be submitted in a sealed envelope bearing on the outside the name and address of the preparer and the name of the subject of the proposal.
Proposal prices are to remain firm for a period of not less than sixty (60) days to allow the County to determine the best proposal that shall most economically serve the intentions of this proposal.

B. Proposer Qualifications

The proposal must include: the company history, a list of vendor credentials, and experience statement to include but not limited to any experience with similar projects.

The preparer shall furnish to the County of Atlantic any and all such information, documentation and data for this purpose, as the County of Atlantic may request.
The County of Atlantic reserves the right to reject any proposal should the information submitted by or investigation of such vendor fail to satisfy the County of Atlantic.
Proposals must specify any deviations from the requirements.
The County reserves the right to reject any or all items covered in the proposal request, or any portion(s) thereof, waive informalities, re-advertise and/or take such other actions decreed necessary and in the best interest of the County of Atlantic.
Failure or inability to meet any of the requirements set forth in this RFP will be sufficient reason to disqualify prepares.
The County of Atlantic reserves the right not to consider any proposal that is incomplete or that does not meet the specification requirements.
C. Statutory Requirements

Section 1 of P.L. 2001,c.134 is amended to read as follows:
An act concerning business registration for providers of goods and services to the State, State colleges and universities, county colleges, local contracting units, boards of educations, water and wastewater contractors and casinos, supplementing Title 54 of the revised Statues and amending P.L.1977,c.110.
No contract shall be entered into by any contracting agency unless the contractor provides a copy of its business registration
All proposers MUST submit a copy of their Business Registration Certificate with their proposal. Failure to submit a copy of the Business Registration Certificate shall be deemed a fatal defect that may render your proposal unresponsive, proposal may be rejected.
All proposals must comply with the provisions mandated by applicable Federal Law and New Jersey Statutes.

Any provisions in the RFP which may be in conflict with any New Jersey statute are amended to conform to the minimum requirement of such statute.

D. Terms

The contract will be for the term effective January 1, 2010 through December 31, 2010

E. Cancellation

Proposals are subject to :

1. Right of the County to cancel the contracts upon ninety (90) days written notice to the contractor.
2. The County of Atlantic reserves the right to reject any and all proposals and any part thereof and to waive any informalities, formalities, irregularities and errors in the proposals.
F. Questions

Please submit all questions in writing to :

Attn.: Kathy Arrington, Director of Budget & Purchasing

1333 Atlantic Ave.

Atlantic City, NJ 08401

or Fax to (609) 343-2193.

Responses will be forwarded to all vendors who have picked up RFP packages.

No firm intending to submit a proposal or any employee of any firm intending to submit a proposal shall contact any County employee for any reason either directly or indirectly related to this Request for Proposal. Any firm found violating this policy will be automatically disqualified form submitting a proposal.

G. Contract

The Contractor will be required to signs the standard County Contract, a copy of which is attached hereto as Attachment CT. If the contractor desires to make any modifications to the County’s contract language, or has another contract form that he/she desired the County to sign, in lieu of or in addition to the County Contract form, a sample copy of the contractor’s proposed language modifications or contract form must be submitted with the proposal, or it shall be assumed that the contract documents will consist exclusively of the County’s form contract. Modifications or additions to the County’s form contract will not be entertained after contract award. The County will not agree to sign a contract which includes a provision for dispute resolution by arbitration.

H. Insurance

Provider must supply with their proposals proof of insurance as detailed in Attachment INS An insurance certificate must be submitted prior to contract execution.

I. Recycling

The contractor must provide the County with information regarding their recycling program. The County of Atlantic has, pursuant to P.L. 1987, CH 102, adopted the Atlantic County Recycling Plan and Ordinance # 7 of 1988, which designates the following commercial and institutional materials as recyclable and mandates the recycling thereof.

* Glass Food & Beverage containers: Clear, Amber, Green

* Newspapers

* Aluminum Beverage Cans

* Office Paper (White, Non-Colored)

* Computer Paper

The attached recycling affidavit will need to be completed and submitted with your proposal. (Attachment R)

J. Affirmative Action

The Contractor will be required to comply with the requirements of PL 1975, C.127 (NJAC: 17:27 see Attachment AA

One of the following items must be submitted with each proposal:
1) A copy of he contractor's federal affirmative action plan approval letter for the office of Federal Contract Compliance Programs.

2) A copy of the contractor’s certificate of employee information report.

3) Contractor’s initial affirmative Action employee information report (Form AA302)
K. Attachments

The provider must include all of the following with their proposal:

A. Non-Collusion Affidavit must be notarized

B. Political Contribution Form

C. Recycling Agreement must be notarized

D. Insurance Endorsement as described

E. Affirmative Action requirement

F. A Copy of their NJ Business Registration Certificate

L. Reservations

The County of Atlantic reserves the right to reject any and all proposals, and any part and to waive any formalities, informalities, irregularities and errors in proposals.

A written request for the withdrawal of a proposal, or any party thereof, will be granted if the request is received by the County Purchasing Agent prior to the specified time of the proposal opening.
M. Interview

The County reserves the right to interview proposers, request clarification of proposals, request additional information, request modification or proposals and negotiate contract terms with the successful prepares.

Bidders may be asked to explain and/or clarify their proposal to a selection committee.

N. Ordinance # 10 - 2007 Public Contracting (Pay -To - Play) Reform
Professional Business Entity - a “professional business entity” means an individual including the individual’s spouse, if any, and child living at home ; person; firm , corporation; professional corporation; partnership; organization; or association. The definition of a professional business entity includes all principals who own 10% or more of the equity in the corporation or business trust, partners, and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled by the professional business entity. This definition exclude non-profits corporations under Internal Revenue Code (IRC), Section 501(c) (3) and their officers and board members.
Prohibits Atlantic County from entering into a agreement or otherwise contract to procure professional , banking , insurance coverage services or any other consulting services provided by a licensed professional , including those awarded pursuant to any process including a fair and open process, if such professional business entity has solicited or made any contribution of money or pledge of a contribution, including in-kind contributions to (i) any campaign committee of any candidate for elective County Office or the current holders of any elective County office, or (ii) to any Atlantic County party committees, (iii) to any municipal party committee within Atlantic County , or (iv) to any candidate committee, state or county political party or any Political Action Committee (PAC) that is engaged in the financial or in kind support of candidates for elective Atlantic County offices, County elections and/or Atlantic County political parties in excess of the annual maximum of $ 300 each or up to the amount of reportable contributions as may from time to time be established by the Election Law Enforcement Commission (ELEC) for any purpose to any candidate for elective County Office or current office holder, or $500 to any Atlantic County party committee, or municipal party committee within Atlantic County , or to a single or joint campaign account of a candidate committee, state or County political party or PAC. Additionally, no business entity, which may include principals, partners, and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of $ 2500 to all candidates for elective County offices and to office holders with the responsibility for the award of the contract, who are the County Executive and the members of the County Board of Freeholders. The Ordinance does not cover contributions made prior to October 22, 2007

The Proposer must complete a Political Contribution Form ,see attachment (PC), certifying that it has not knowingly made a contribution in violation of the ordinance and has not made or solicited contributions through intermediaries , third parties, immediate relatives, or Political Action Committee (PAC) for the purpose of concealing the source of the contribution. A Contractor that files an incorrect Political Disclosure Statement will have its contract with the County declared null and void and will be disqualified from being awarded any contract for a period of Four (4) years.





































Excess Workers Compensation/Employers Liability Insurance


The County of Atlantic is soliciting proposals for Excess Workers Compensation/Employers Liability Insurance. To be written in excess of a Self Insured Retention (SIR). The response is to be in accordance with the herein enclosed specifications. The purpose of the specifications is to provide the County with policies of excess insurance, which is compatible with the County’s self administered Risk Management program. All deviations from the basic specifications are to be presented and fully explained as alternatives in any proposal, and will be considered as such.

The underwriting, exposure, loss data and other information furnished by the County has been compiled from available statistics. While the statistics are believed to be reliable, they cannot be guaranteed. The County reserves the right to amend reported exposure data to reflect more current conditions prior to and following inception of any policy. If you desire additional information or have questions regarding the material contained herein, please contact:

Kathy Arrington, Director

Budget & Purchasing

1333 Atlantic Ave. 6th floor

Atlantic City, NJ 08401

(609) 343-2268

In order to allow brokers/agents to offer a submission which will received favorable consideration from the County the following are some of the criteria which will be used. The failure or inability to favorably respond to these areas of review may invalidate the proposal:

Premium quote applied to budget availability

Proposal complies with the parameters of the R.F.P.

Policy form as requested.

Services offered

Ability to issue policies without pre conditions

An offer of coverage for all operations

A Multi year submission

The allocation of defense, costs and controls

Experience, ability, and availability of the Broker/Agent

The format of the submission including explanation material

Copy of specimen policy showing all terms and conditions.

Professional designation experience and availability of account servicing team


Any insurance company used should:

A. Be qualified and/or licensed in the State of New Jersey (non-admitted or surplus line companies shall be on the approved list of the New Jersey State Insurance Commissioner);

B. It is preferred that insurance companies have a rating of A and a financial rating of Class VII or better in the current addition of Bests Insurance Reports (Property and Liability edition). Agents/brokers recommending companies otherwise meeting the specifications may request a written exception from the County.

C. Be non-accessible, if a mutual company.

D. Issue policies and endorsements which at a minimum follow the excess forms of the Insurance Services Office. If policies or endorsements are used which deviate from the I.S.O. Forms the proposal must include Proof of filing with and approval by the New Jersey Commissioner of Insurance. If deviating policies or Endorsements are used the proposal shall include a full explanation as to how they differ from or modify excess I.S.O. Forms either in coverage or how policy limit are applied to a claim or claims.

E. Insurance Agents/Brokers desiring to submit proposals for the County’s excess insurance program will be assigned Insurance markets. This will prevent more than one, agent/broker from approaching a single prospective insurance underwriter.


A. A sealed proposal for policies or services to be provided must be submitted in writing with a digital PDF copy, on or before NOVEMBER 13, 2009, to Kathy Arrington, Director of the office of Budget & Purchasing.

B. Insurance quotations shall be submitted and signed by an authorized representative of each insurance company submitting insurance quotations.

C. The effective date of insurance coverage shall be January 1, 2010.

D. Agents or brokers who wish to submit companies which do not meet the specifications as shown under A B or C of II may do so, but only with a full description and reasoning why the company should be considered. The insurance companies awarded business shall provide signed binders prior to January 1, 2010 and deliver insurance contracts within forty (40) days thereafter. Upon receipt, the County will review to determine if the policies are in compliance with the proposals accepted. Any necessary changes must be made, by written letter, binder or endorsement, within ten (10) days. No payment will be made for any insurance until all binders are received in the accepted form and approved by the Atlantic Counsel and Risk Manager and the contracts are fully executed.

E. If available, the County requests that the term of insurance be three years. Where policy terms are less than three years, a statement to this effect should be provided. If available the County requests quotes for an optional second and third year term.

F. The County reserves the right to accept or reject any and all proposals and to select the one it deems providing the best service and coverage, in relation to the most favorable price. Guidelines and underwriting data are provided but are not intended to limit the flexibility of proposals.

G. Reports: Any reports required of the County e.g. Periodic financial statements; audits and so forth must be clearly stated in the proposal.

H. Service Fees: If there are any charges or fees for service, which are not included in the basic premium quotation, they must be fully described with the costs set out under a separate quotation.

I. Questions/Clarifications: Questions or requests for additional information shall be submitted in writing to:

Kathy Arrington, Director

Budget & Purchasing

1333 Atlantic Ave. 6th floor

Atlantic City, NJ 08401

Fax (609) 343 2193 or email

Copies of answers/clarifications will be sent to all parties submitting proposals.

J. Insurance Applications: The County prefers not to complete any applications for excess insurance prior to the acceptance of the proposal.

K. Inspections: If inspections of properties are necessary all arrangements are to be through the County Risk Manager.

L. Proposals must include an exemplar policy, forms and endorsements.


The proposers, in their submission, shall exhibit their qualifications by submitting the following, along with such additional supportive data considered by the proposer to be appropriate.

1. An identification and description of the experience and capability of the proposer.

2. The names, professional designations and experience of the account executive and personnel assigned to service the account for the term of the proposal.

3. A description of applicable background of all project support personnel, including those who would be used as back-up in the event of an unexpected manpower problem.

4. A proposed management plan utilizing an organizational chart showing the delegation of responsibilities of Personnel necessary to meet any services prescribed in the proposal.

5. Public sector clients and contact persons who may be used for reference.

6. Percentage of public sector/private sector clients.

7. A brief statement of professional liability/errors or omissions insurance carried by the proposer. will furnish an insurance certificate with a minimum of $3,000,000limits.

8. Proposals shall include full disclosure of any sub brokerage, MGA, MUG, or insurance Wholesaler arrangement.


A. Overall Policy Standards: The following technical policy standards should apply to all County excess insurance contracts, and the proposals must conform, as follows:

1. Definition of Named Insured: All liability contracts would be issued using the following wording: “The County of Atlantic, all Boards, Commissions, Authorities, Educational Units or other entity or any Executive, Officer, Employee, and Official whether appointed or elected, volunteer workers, assigned workers, Job Training Participants while working in the scope of their duties as such, while supervised by County employees, but specifically excluding the following five (5) autonomous agencies: Atlantic County Vocational Technical School (ACTVS), Atlantic Cape Community College (ACCC), Atlantic County Improvement Authority ACIA), Atlantic County Utilities Authority (ACUA), and Atlantic County Special Services School District (ACSSD). The name insured shall also include any other person or organization to such extent and for such limits of liability (not in excess of the limits of liability afforded by the poly) as the named insured has agreed in writing before loss to provide insurance for such interest. All of the above shall be included when acting or deemed to be acting within the scope and performance of their duties for the County.

2. Notice of Cancellation: All insurance contracts should provide for a minimum of ninety (90) days advance written notice (by the insurance company) before cancellation, non-renewal, material reduction in coverage, or increase in rates can be affected. Notice should be specifically directed to the Risk Manager for Atlantic County.

3. Premium Payments: Equal payments at inception and on the first and second anniversary dates are encouraged.

4. Notice of Occurrence: In view of the SIR, Self-Insurance Retention, the terms of notice must be specifically set out as to the notification to the insurer of an occurrence which may produce a claim in excess of the SIR. Furthermore, the requirements for notification should be modified so that notice is to be given as soon as practical.

5. Error/Omission: Coverage afforded by the insurance policies shall not be invalidated or affected by any inadvertent error, omission or improper description in the specifications.

6. Defense: The proposal shall fully describe the obligations and rights of defense of the County, Broker/Agent, issuing company, furthermore defense costs must be described and broken out as being within or outside of any S.I.R. or policy limits.

B. Workers Compensation: Accident limits or Statutory Workers Compensation Benefits for the State of New Jersey and other states, as described herein, to be quoted in excess of Self Insured Retention’s of $350,000, $500,000 and $750,000. Please quote each Self Insured Retention (S.I.R.) as requested on the quotation form.

C. Employers Liability:

To be included in the S.I.R.

Limited $1,000,000 Occurence/$1,000,000 Aggregate.

D. Coverage Amendments:

Voluntary Compensation endorsement

U.S. Longshoremen’s & Harbor Worker’s endorsement

Maritime Coverage, each accident

-Transportation, wages, maintenance and cure


Voluntary compensation Maritime coverage’s all vessels

Defense Base Act

Outer Continental Shelf Lands Act

Federal Employee Liability Act (Railroad)

Alternate Employer endorsement

Waiver of Our Right to Recover from Others endorsement



All states and District of Columbia


Amend to apply in all states, all volunteers (medical aid benefits) and all employees not subject to applicable WC Law.


This policy will specifically treat the outbreak of a communicable disease as an occurrence rather than any Occasional disease.

-As a result of this clarification, the insured is protected against having their self-insured retention obligation multiplies by the number of employees infected.

E. Special Wording Supplement

Action Against Us

  • It is agreed that Employers Liability Insurance, Program I is amended to include the words “other than for declaratory relief” after the words “There will be no right of action against us under this insurance. Intentional Acts - Employers Liability

  • It is understood and agreed that Exclusion 5 Part Two is amended as follows:

This insurance does not cover bodily injury intentionally caused or aggravated by you except if such injury results from the use of force to protect persons or property.

Monopolistic States Workers’ Compensation Indemnification

This endorsement modifies insurance provided under all Coverage


In consideration of the premium charged, it is agreed the Insured shall be indemnified against loss by reason of the obligations of this employer under the Workers’ Compensation Laws of the States of North Dakota, Washington, West Virginia, Nevada, Ohio, Wyoming and of any Province of the Dominion of Canada, provided that such loss accrues prior to the time that this employer has actual knowledge that he is subject to the Workers’ Compensation Law of such State or Province and is required to contribute to or insure in the fund thereof. Cross liability endorsements, stating that each insured will be treated as if a separate policy had been issued, shall be included. World wide Coverage


County of Atlantic (note expanded named insured)

1333 Atlantic Avenue

Atlantic City, NJ 08401

The County of Atlantic was established in 1837, it is a municipal corporation, constituted and operating under the Executive form of government as allowed under the Optional County Charter Law of the State of New Jersey (N.H.S.A. 40:41A-1 et seq.) Exercising all of the rights, privileges, functions and powers conferred upon it in accordance with the provisions of the Charter. Based on the authority extended under the Executive Charter Law an Administrative Code was established setting out the authority, powers and duties of the Legislative and Executive branches of the County of Atlantic Government.

Board of Freeholders: Legislative Branch with the powers which include the advise and consent of all appointments of the County Executive, and the approval of all negotiated contracts.

County Executive: shall have and exercise all of the powers and duties conferred or imposed on the office under the Charter or other applicable laws or Acts of the Legislature not inconsistent with the Charter. This shall include, with the advice and consent of the Board of Freeholders, the powers negotiate contracts and to appoint, the County Administrator, Department Heads and Division Directors and the members of all boards, commissions and authorities.

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