Request for proposal for

FOR

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

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

Kathy Arrington; Director,

Budget & Purchasing

County of Atlantic, New Jersey

COVER PAGE

Affirmative Action Requirements

Non-Collusion Affidavit

Recycling Compliance Affidavit

EXCESS WORKERS COMPENSATION AND LIABILITY INSURANCE COVERAGE

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.

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.

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.

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

Proposals are subject to :

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.

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.

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

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)

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

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

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.

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.

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.

OF

COUNTY OF ATLANTIC NEW JERSEY

REQUEST FOR PROPOSAL

Excess Workers Compensation/Employers Liability Insurance

I. GENERAL INSTRUCTIONS

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

II. QUALIFICATIONS AND REQUIREMENTS FOR INSURANCE COMPANIES

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.

III. GENERAL CONDITIONS FOR ALL PROPOSALS

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 purchasing@aclink.org

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.

IV. PROPOSER QUALIFICATIONS

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.

V. POLICY SPECIFICATIONS

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

-Worldwide

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

COVERAGE AMENDMENTS:

OTHER STATES ENDORSEMENT:

All states and District of Columbia

VOLUNTARY COMPENSATION ENDORSEMENT:

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

COMMUNICABLE DISEASE AS AN OCCURRENCE:

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:
  

Monopolistic States Workers’ Compensation Indemnification

This endorsement modifies insurance provided under all Coverage

Parts.

VI. ADMINISTRATIVE CODE

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.