Request for Qualifications (RFQ) for Environmental Insurance Broker Services

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1 Suffolk County Landbank Corporation H. Lee Dennison Building 100 Veterans Memorial Highway, 11 th Floor P.O. Box 6100 Hauppauge, New York Request for Qualifications (RFQ) for Environmental Insurance Broker Services Wednesday, February 24, 2016 SECTION 1 INTRODUCTION AND GENERAL INFORMATION 1.1. Introduction and Purpose. Pursuant to its procurement policy, adopted in 2014, The Suffolk County Landbank Corporation ( SCLBC ) is seeking qualified insurance/risk management brokers with a demonstrated history of providing insurance placement and ancillary risk management services to clients similar in nature to that of the SCLBC. If you are interested in assisting SCLBC with the provision of such services please prepare and submit a statement of your firm s qualifications (hereinafter qualification statement ) in accordance with the procedure and schedule in this RFQ. SCLBC intends to qualify the firm that (a) possesses the professional, financial and administrative capabilities to provide the proposed services, and (b) will agree to work under the compensation terms and conditions determined by SCLBC Background. The SCLBC is a not-for-profit local public authority established pursuant to Article 16 of New York State s Not-For-Profit Corporation Law ( The Land Bank Act ). The SCLBC was incorporated in May 2013 after being granted approval from Empire State Development ( ESD ), New York State s principal economic development entity. The overall purpose of the SCLBC is to facilitate the redevelopment of distressed and underutilized properties within Suffolk County. The creation of the SCLBC was the result of extensive collaboration with the Executive and Legislative branches of Suffolk County s government, as well as the Suffolk Town Supervisors Association, all of which are represented in the board of directors, as well as New York State s Department of Environmental Conservation, and community stakeholders. The SCLBC affords Suffolk County a unique opportunity to facilitate remediation and return contaminated brownfield properties to the tax rolls. The redevelopment of these properties, which are scattered throughout the county, will increase surrounding property values, stabilize the tax base, and improve quality of life for neighborhood residents. Page 1 of 18

2 February 24, 2016 RFQ No. SCLBC ; Environmental Insurance Broker Services The goals of the SCLBC are to: facilitate community revitalization, protect the quality of Suffolk's sole source drinking water through the clean-up of brownfields, and create short term remediation jobs, midterm construction jobs, and long-term employment, by returning neglected properties to productive reuse. Pursuant to its corporate by-laws adopted June 7, 2013, SCLBC was authorized to retain experts on its behalf in connection with the operation of SCLBC Contact Information. All Communications concerning this RFQ or the RFQ process shall be directed to: Mr. Andre Bermudez Project Manager Suffolk County Landbank Corp. H. Lee Dennison Building 100 Veterans Memorial Highway, 2 nd Floor PO BOX 6100 Hauppauge, New York Questions regarding this RFQ must be submitted via to andre.bermudez@suffolkcountyny.gov by 4:00 p.m. EST, Wednesday, March 9, 2016 and will be answered via prior to the submission due date. Qualification statements must be submitted to, and received by SCLBC, to the attention of Andre Bermudez listed above, via regular mail or hand delivery, by 4:00 p.m. on Wednesday, March 23, Qualification statements must be submitted in tabbed and labeled binders, not permanently bound. Respondents must submit five (5) printed copies of the proposal and one electronic copy on Compact Disc or DVD in PDF format. SCLBC may modify, supplement or amend the provisions of this RFQ as deemed necessary or appropriate by and in the sole judgment of SCLBC. Conditions Applicable to RFQ Your submission of the qualification statement is deemed to be consent to the following: a. This document is an RFQ and does not constitute an RFP. b. This RFQ does not commit SCLBC to issue an RFP. c. This RFQ is not intended, and shall not be construed, to commit SCLBC to pay any costs incurred in connection with responding to this RFQ or to procure or contract for any services. d. All costs incurred by you in connection with responding to this RFQ shall be borne solely by you. Page 2 of 18

3 February 24, 2016 RFQ No. SCLBC ; Environmental Insurance Broker Services e. SCLBC reserves the right (in its sole judgment) to reject for any reason any and all responses and components thereof. f. SCLBC reserves the right to select one or more firms to services as described in this RFQ. g. SCLBC reserves the right to enter into contracts on a yearly or other basis with options to extend at SCLBC discretion. h. All qualification statements shall become the property of SCLBC and will not be returned. i. All qualification statements will be made available to the public in accordance with law. j. SCLBC reserves the right to conduct in-person interviews of any, or all, respondents. k. Neither SCLBC, nor its respective staff, consultants, or advisors shall be liable for any claims or damages arising out of or in connection with the solicitation or preparation of the qualification statement. SECTION 2 SCOPE OF SERVICES 2.1. Overview The SCLBC, as a component unit of Suffolk County, is insured via Suffolk County self-insurance program, for general liability, automotive liability, and Workers Compensation liability claims. However, the SCLBC is currently seeking qualification statements from experienced insurance brokers (hereinafter Respondents ) that possess the ability to provide comprehensive risk management solutions beyond those that may be provided by Suffolk County, including, but not limited to, Environmental Site Liability Insurance. The Respondent must state in its proposal if it can provide insurance broker services including but not limited to those set forth below in Section 2.2 (Scope of Services). The Respondent must affirmatively state if it is unable to provide a particular service. The Respondent must provide detailed information as to how the Respondent will provide the listed services set forth in paragraph Scope of Services SCLBC seeks a comprehensive qualification statement that describes the Respondent s ability to provide the following services: Broker (s) Services: Confer with SCLBC representatives on an as-needed basis to discuss risk management needs of the Suffolk County Landbank, especially with regard to the creation and underwriting of environmental site liability insurance policies, which would provide risk protections related to the acquisition and redevelopment of sites with known and/or unknown environmental contamination conditions. Assist the SCLBC in determining the best combination of risk transfer, reduction, avoidance, elimination, and acceptance in order to ensure the program provides the most appropriate and cost effective insurance coverage for the SCLBC. Page 3 of 18

4 February 24, 2016 RFQ No. SCLBC ; Environmental Insurance Broker Services Provide recommendations for appropriate coverage, limits and deductibles for existing and newly acquired properties and operations. Provide coverage summaries including (1) a narrative describing competitive bidding (2) a matrix comparing proposals received and (3) recommendations regarding carriers, price, coverage limits, terms, conditions and exposures. Negotiate acceptable revisions as needed, prior to binding coverage (no coverage, terms or conditions may be bound without prior written authorization from SCLBC management). Review policies and endorsements for accuracy and conformity to specifications and negotiated coverage. As SCLBC operations change, identify new issues, exposures and potential gaps in coverage, keeping the SCLBC informed of significant insurance matters that will affect the SCLBC s program. Advise the SCLBC as requested, or at least semiannually, of significant developments in the insurance marketplace including: coverage, forms, availability, pricing and/or other significant developments that could impact the SCLBC. Provide a written report and a briefing to senior management, as requested, or at least semiannually, as to any significant changes in coverage or structure of the SCLBC insurance program. Approximately 120 days prior to policy expiration, present to the SCLBC a recommended plan for program renewal/marketing, including timelines and assignments. Monitor published financial information of the SCLBC s insurers and alert the SCLBC if/when the status of one or more of those insurers falls below minimum financial guidelines. Approximately six months following policy inception, provide a Customer Service Status Report summarizing the services provided to date, plans for additional services going forward and any recommendations for the overall ESD insurance program. Represent the SCLBC as needed, on any discussions regarding interpretation of insurance policies placed with carriers and meet, as necessary, with the SCLBC s risk management staff. Claims Services: Assign a dedicated claim representative to act as liaison between SCLBC, claimants and insurance carriers. Work with SCLBC to develop and implement appropriate claims reporting procedures. Notify insurance carriers of potential and actual claims. Monitor claims submitted to ensure they are properly handled by the carrier and responded to in a timely manner with confirmation to SCLBC from the carriers on all claims. Advocate for the SCLBC on any disputed or problem claims. Administrative Services: Follow-up with insurance carriers for timely issuance of policies and endorsements. Following placement of insurance policies, deliver binders to the SCLBC prior to the expiration of current policies. Provide the SCLBC with detailed, accurate invoices, including explanations of rating adjustments, dividends, and other factors effecting the calculation of premiums, fees/commissions, and other policy expenses. Process certificates of insurance to third parties. Conduct inspections/surveys of selected properties in order to recommend operational and equipment changes that will improve insurability of properties. At the request of the SCLBC, provide a written loss prevention plan that identifies recommended services. Page 4 of 18

5 February 24, 2016 RFQ No. SCLBC ; Environmental Insurance Broker Services SECTION 3 SUBMISSION REQUIREMENTS 3.1. General Requirements. Your qualification statement must meet or exceed the professional, administrative and financial qualifications set forth in this Section Administrative Information Requirements. 1) General Information a) Please provide an executive summary (not to exceed one (1) page) of the information contained in all the other parts of the qualification statement. b) Provide the name, address, telephone number, and address of the contact person responsible for answering any and all questions regarding the qualification statement. c) Indicate the number of years your firm has been in business under the present name. d) Indicate the number of years your firm has been under the current management. e) Indicate the location(s) from which services will be performed. f) Please include a statement of work that describes the Respondent s understanding of the Project. The Respondent is expected to discuss its understanding of the proposed Scope of Services. i) The complexity, challenges and problems involved in performing the work. ii) Approach and philosophy for dealing with problems. iii) Experience dealing with key issues. iv) Why your firm should be selected. v) Any unique qualities your firm possesses that other firms do not have. vi) Any additional issues or matters relating to the Scope of Services which the Respondent wishes to address. 2) Staffing and Qualifications a) Identify and provide resumes of key staff you propose assigning to work with the SCLBC. i) Include copies professional licenses and other affiliations for key personnel. b) Provide a copy of a valid and current New York State Insurance Department license. c) Describe other accounts involving similar services, in particular identify any governmental, public authority, public agency, and/or other quasi-governmental entities in New York for which you serve, or have served as insurance agent. Describe the role and experience of key personnel assigned to other similar accounts who will be assigned to this account. Page 5 of 18

6 February 24, 2016 RFQ No. SCLBC ; Environmental Insurance Broker Services d) Describe your firm s history of providing environmental site liability insurance to entities facilitating the reuse of environmentally contaminated sites (i.e. Brownfields, and State or Federal Superfund Sites) e) Will temporary staff also be involved? If so, include details of their supervision and training. f) If you intend to use the services of sub-contractors please provide all of the above information in this section for each subcontractor. g) Provide three (3) references for which the firm has provided services (current governmental or quasi-governmental agencies preferred). Provide name of the organization, services, contact name, address and telephone number. Please be aware that non-responsive references will not count toward a Respondent s qualifications. 3) Financial Viability a) Submit current financial statements prepared and certified by an independent CPA and/or internal statements if certified statements are not available or have not been issued within the past 12 months b) Submit a summary of all litigation, if any, against the Respondent within the last three (3) years and disposition or outcome of same. c) Please indicate whether your firm is now or has been involved in any bankruptcy or reorganization proceedings in the last seven (7) years. If yes, please explain. 4) Compliance/Ethics a) If you foresee any potential conflicts of interest arising from a contract with the SCLBC, please describe each such potential conflict in detail. b) Any Respondent to this RFQ is charged with the continuing duty to disclose to the SCLBC the existence of any interests it may have, contractual or otherwise, ongoing or previous, with any companies or individuals with whom the County of Suffolk or the SCLBC does business with respect to the services required by this RFQ. This duty continues for so long as the Respondent is retained on behalf of the SCLBC. c) Any Respondent to this RFQ is charged with the continuing duty to disclose to the SCLBC the existence of any interests it may have, contractual or otherwise, ongoing or previous, with any SCLBC or Suffolk County department, agency or employee. This duty continues for so long as the Respondent is retained on behalf of the SCLBC. d) Compliance Forms (included as exhibit 1) i) Provide an executed Public Disclosure Statement. ii) Provide an executed Proposal/Bid Certification. iii) Provide executed documents (Forms 1, 2 and 3) in compliance with New York State Finance Law 139-j and 139-k. Page 6 of 18

7 February 24, 2016 RFQ No. SCLBC ; Environmental Insurance Broker Services 3.3. Cost. 1) Fee Schedule a) The Respondent shall provide a detailed list for anticipated charges it will impose for items that shall or may apply to the Services requested under this RFQ, including all services required pursuant to Section 2 of this RFQ and any additional and optional services that the Respondent proposes to perform for the SCLBC. Failure to include a charge or schedules of charges may preclude the Respondent from billing the SCLBC for such non-specified items. b) All schedules submitted must include the name of the Respondent and must be paginated. c) The Proposer should provide any additional information it deems necessary to explain or clarify its Fee Schedule. 2) Alternative Fee Schedule a) The Proposer may submit alternative Fee Schedules, if there is more than one viable approach to performing the services. b) Although proposed fees will be taken into account, SCLBC reserves the right to negotiate a lower or different fee structure with any firm selected. c) Please note that pursuant to its procurement policy, SCLBC will not necessarily select the firm with the lowest rates for services. Note: All services described in Section 2 of this RFQ entitled Scope of Services shall be performed by the Contractor on an annual fee for service basis. Please provide a schedule of your annual fee for each of the calendar years 2016, 2017, 2018 and 2019, respectively. In the event that you request to exclude any of the Services set forth in Section 2 of this RFQ from such annual fee and be compensated for performing such on a commission basis, please provide a justification for such exclusion and a schedule of the commissions that you would charge for such Services in the Fee Schedule submitted in response to this Section 3.3. SECTION 4 EVALUATION SCLBC s objective is to select a firm, or firms, that will provide high quality and cost effective services. Pursuant to its procurement policy, Procurement contracts for professional services shall be selected based upon the Best Value to the SCLBC, which takes into consideration other factors in addition to costs, such as quality and efficiency. SCLBC will consider qualification statements only from firms that demonstrate the capability and willingness to provide high quality services to SCLBC in the manner described in this RFQ. The selection process will begin with the review and evaluation of each of the written qualification statements. The purpose of this evaluation is two-fold: Page 7 of 18

8 February 24, 2016 RFQ No. SCLBC ; Environmental Insurance Broker Services 1. to examine the responses for compliance with this RFQ; 2. to identify the complying firms that have the highest probability of fully performing the scope of services to the SCLBC at the best value. The SCLBC will evaluate the qualification statements based upon the criteria for selection set forth below. 1. Servicing Capabilities (25%) Each Respondent will be evaluated as to its qualifications pursuant to this RFQ, demonstrating its ability to provide and perform the services sought by the RFQ. 2. Relevant experience of Personnel assigned to account (25%) Each Respondent will be evaluated as to its organizational support and experience of staff assigned to servicing the SCLBC Insurance Program. 3. Clientele with comparable business experience/operations (25%) Each Respondent will be evaluated on specific examples of insurance services provided to governmental clients and/or large-scale real estate developments clients with comparable business experience/operations to SCLBC. 4. Fee Schedule (25%) Each Respondent will be evaluated as to its fee schedule in providing Brokerage, Claims and Administrative services. We thank you in advance for your response to the RFQ. Yours truly, Andre Bermudez Senior Project Manager SCLBC Page 8 of 18

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13 RFQ No. SCLBC SUFFOLK COUNTY LANDBANK CORPORATION PROCEDURES GOVERNING PROCUREMENT CONTACTS AND PROPOSER RESPONSIBILITY Pursuant to New York State Finance Law 139-j and 139-k, this request for qualifications ( RFQ ) includes and imposes certain restrictions on communication between a Governmental Entity (SCLBC and any other government entity) and a proposer ( Proposer ) during the procurement process. A Proposer is restricted from making contacts from the earliest notice of intent to solicit offers through final award and approval of the contract by SCLBC ( restricted period ) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law 139-j (3) (a). The designated staff members for this RFQ are the staff members as designated on page 2 of RFQ No. SCLBC Governmental Entity employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Proposer pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for a contract award and in the event of two findings within a four year period, the Proposer is debarred from obtaining governmental Procurement Contracts as that term is defined in the New York State Finance Law. Further information about these requirements can be found in the appropriate statutes and on the New York State Office of General Services website under the link for the Advisory Council on Procurement Lobbying. Additionally, the above referenced laws (and other laws) require certain affirmations/certifications to be provided by Proposers to this RFQ and that certain provisions are contained within any contract/award resulting from this RFQ. Failure to include any required/forms, properly completed, with a proposal will result in the proposal being rejected without any further review or consideration. Specifically, the following forms/information are required: A. SCLBC must obtain from all Proposers the required affirmation of understanding and agreement to comply with procedures on procurement lobbying restrictions regarding permissible contact during the restricted period for a Procurement Contract in accordance with New York State Finance Law 139-j and 139-k. The affirmation is attached as Form 1 and must be completed and returned when responding to this RFQ. B. SCLBC must include a disclosure request regarding prior non-responsibility determinations in accordance with New York State Finance Law 139-k in its solicitation of proposals or bid documents or specifications or contract documents, as applicable, for Procurement Contracts. The required form is attached as Form 2 and is to be completed and returned when responding to this RFQ. C. SCLBC must obtain from all Proposers a required certification that the information is complete, true and accurate regarding any prior findings of non-responsibility, such as non-responsibility pursuant to New York State Finance Law 139-j. The certification is attached as Form 3 and must be completed and returned when responding to this RFQ. Page 13 of 18

14 D. New York State Finance Law 139-k(5) provides that every procurement contract award subject to the provisions of New York State Finance Law 139-k and 139-j shall contain a provision authorizing SCLBC to terminate the contract in the event that the certification is found to be intentionally false or intentionally incomplete. An example of such language is provided below: SCLBC reserves the right to terminate this contract in the event it is found that the certification filed by the Proposer in accordance with New York State Finance Law 139-k was intentionally false or intentionally incomplete. Upon such finding, SCLBC may exercise its termination rights by providing written notification to the Proposer in accordance with the written notification terms of this contract. Failure to include the above properly completed forms with any proposal in response to this RFQ will result in the proposal being rejected without any further review or consideration. Page 14 of 18

15 Form 1 Proposer Affirmation of Compliance Each Governmental Entity covered under the State Finance Law 139-j(3) and 139-j(6) (b) must obtain a written affirmation from all proposers as to the proposers understanding, and agreement to comply, with SCLBC s procedures relating to permissible contacts during a Governmental Procurement. Proposer affirms that it understands and agrees to comply with the procedures of SCLBC relative to permissible contacts as required by State Finance Law 139-j(3) and 139-j(6)(b). By: Date: Name: Title: Proposer Name: Proposer Address: Page 15 of 18

16 Form 2 Disclosure of Prior Non-Responsibility Determinations Name of Individual or Entity Seeking to Enter into the Procurement Contract: Address: Name and Title of Person Submitting this Form: RFQ Number: Date: 1. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entity seeking to enter into the Procurement Contract in the previous four years? (Please circle): No Yes If yes, please answer the next questions: 2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law 139-j (Please circle): No Yes 3. Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a Governmental Entity? (Please circle): No Yes 4. If you answered yes to any of the above questions, please provide details regarding the finding of non-responsibility below. Governmental Entity: Date of Finding of Non-responsibility: Basis of Finding of Non-Responsibility: (Add additional pages as necessary) 5. Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract with the above-named individual or entity due to the intentional provision of false or incomplete information? (Please circle): No Yes 6. If yes, please provide details below. Governmental Entity: Date of Termination or Withholding of Contract: Basis of Termination or Withholding: Page 16 of 18

17 (Add additional pages as necessary) Proposer certifies that all information provided to the Governmental Entity with respect to State Finance Law 139-k is complete, true and accurate. By: Date: Name: Title: Page 17 of 18

18 Form 3 Proposer Certification I certify that all information provided to SCLBC with respect to State Finance Law 139-k is complete, true and accurate. By: Date: Name: Title: Proposer Name: Proposer Address: End of Text for Exhibit No. 1 Page 18 of 18

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