REQUEST FOR PROPOSAL R17079 RISK MANAGEMENT AND INSURANCE BROKERAGE SERVICES FOR FINGER LAKES COMMUNITY COLLEGE

Transcription

1 Ontario County Purchasing Department 20 Ontario Street Canandaigua New York (585) REQUEST FOR PROPOSAL R17079 RISK MANAGEMENT AND INSURANCE BROKERAGE SERVICES FOR FINGER LAKES COMMUNITY COLLEGE Issue Date: July 20, 2017 Responses Due: AUGUST 10, 2017 by 4:00 PM

2 TABLE OF CONTENTS PAGE SCOPE OF SERVICES 4 PROPOSAL PROCESS AND EVALUATION 3 INFORMATION FOR PROSPECTIVE VENDORS 11 PROPOSAL RESPONSE FORMAT 15 CONTRACT TERMS 16 INSURANCE REQUIREMENTS 16 APPENDIX A FINGER LAKES COMMUNITY COLLEGE SCHEDULE B INSURANCE FORM 19 APPENDIX B REQUIRED FORMS FOR SUBMISSION OF PROPOSAL 23

3 SCOPE OF SERVICES FINGER LAKES COMMUNITY COLLEGE RISK MANAGEMENT AND INSURANCE BROKERAGE SERVICES INTRODUCTION Finger Lakes Community College (the College ) is soliciting proposals to provide risk management and insurance brokerage services for the College and its affiliated entities, including the FLCC Association, the FLCC Association, the FLCC Housing, LLC, the FLCC Viticulture Corporation, and the FLCC Student Corporation, as additional named insureds on the identified policies. The specific services requested are further detailed below. BACKGROUND INFORMATION Finger Lakes Community College Finger Lakes Community College was established in 1965 and officially opened for instruction in 1967 as part of the State of New York (SUNY) system. It is a public, open access institution dedicated to providing a quality education in a student-centered environment. The College s main campus of more than 250 acres is based in Canandaigua, New York in the heart of New York State s picturesque Finger Lakes Region, approximately 45 minutes from Rochester. Additionally, the College also has campus centers in Victor, Geneva, and Newark, New York, Viticulture Center in Geneva, NY, and a conservation field station located on Honeoye Lake. The estimated asset values for buildings and personal property are approximately $102 million and $14 million respectively. The College offers more than 40 academic degree and certificate programs with the addition of honors studies, a winter session and minimesters, online and hybrid, travel and expedition courses, internships, high school dual-credit programs, non-credit and workforce training offerings, and Adult Basic Education/GED programs. In the Fall of 2016 more than 6,500 full and part-time students were enrolled at the College. All courses of instruction at the College are registered with the New York State Education Department Office of Higher Education and are accredited by the Commission on Higher Education of the Middle States Association of Colleges and Schools. The College s fiscal year is September 1st August 31st with an expected operating budget of approximately $46.5 million. 3

4 FLCC Student Corporation The Student Corporation is a New York not-for-profit corporation formed by the College s students to promote the general welfare of the student body; to provide programs of educational, cultural, recreational, and social value; and to promote within the College a spirit of harmony among administration, faculty, staff, and students. The Student Corporation is governed by a Board of Directors. All campus student clubs or student organizations are chartered through the Student Corporation. The transactions of such clubs and organizations are maintained in the books and records of the Student Corporation. The activities of the Student Corporation are funded primarily through student activities fees charged to all students by the College and remitted to the Student Corporation. FLCC Foundation The Foundation is a New York not-for-profit charitable corporation established in 1969 to seek alternative revenues and financial support for the College from the private sector. Private contributions are vital to maintaining a "margin of excellence" at the College. The Foundation receives and awards scholarships to deserving students from the Finger Lakes, New York region in order to enable them to attend the College. The Foundation also assists the College with equipment purchases, special projects, faculty development, and special purpose campus events. The majority of revenues for the Foundation are derived from private contributions, the rental of real estate, special events, and investment income. The Foundation is governed by an independent Board of Directors. FLCC Association The Association is a New York not-for-profit corporation formed for the purpose of establishing, operating, managing, and promoting education related services for the benefit of the College campus community, including faculty, staff, and students, in harmony with the educational mission and goals of the College. The Association, which is also known as Auxiliary Services, is organized and operated in accordance with the Auxiliary Services Corporation Guidelines of SUNY. The Association s Board of Directors includes five individuals who hold administrative positions in the College, two College faculty members, one professional staff, two community business persons, and one member of the College s Board of Trustees, as well as four student directors, one support staff, and one alumni representative. 4

5 FLCC Housing, LLC Housing owns a 356-bed housing facility located in the Town of Hopewell, New York for the purpose of providing housing for students enrolled at the College. Housing is a single- member limited liability company. The Association is Housing s sole member. FLCC Viticulture Corporation The Viticulture Corporation is a New York not-for-profit corporation formed in 2014 to provide administrative oversight, facilities, and personnel to assist and support the operations of the College s Viticulture and Wine Technology degree program and to hold the necessary licenses and permits related to the operation of an educational winery. The Viticulture Corporation is governed by a Board of Directors comprised of three College administrators and four independent directors. SCHEDULE A. Request for Proposal Issued July 20, 2017 B. Notification of Interest and Deadline for Submission of Technical Questions July 27, 2017 by Noon C. Proposal Due Date August 10, 2017 D. Presentations (if requested by the College) August 15-18, 2017 E. Contract Awarded September 6, 2017 F. Contract Start Date September 7, 2017 INTENT OF THIS RFP FLCC s Strategic Plan, sets forth two operational goals to help better position the College financially. Operational Goal One, Financial Strength, states: The College will strengthen its financial position by improving the efficiency of its operations, identifying new sources of revenue and increasing philanthropic support, thereby enabling investments in innovative programs and college-wide improvements. To this end, FLCC is reviewing its procurement of Risk Management and Insurance Brokerage services. We believe there is significant value to be gained from conducting this selection process, with the goal of assuring that our risk program is providing the College with (a) superior service at competitive pricing and (b) value-added services in support of our desire to deepen the College s risk management and loss control programs. 5

6 As a result of this RFP, the College intends to name as its broker of record a successful proposer who will provide the services outlined herein for the five-year period beginning immediately upon completion of the selection process and ending August 31, The successful candidate will move quickly to develop the College s risk management/insurance program for implementation with an effective date of October 1, In addition to information contained in the accompanying appendices, the College will provide supplemental information as requested to facilitate this process. Notwithstanding the foregoing, this intent does not commit the College to award a contract to any responding vendor, or to pay any costs incurred in the preparation of the proposal in response to this request, or to procure or contract for any services. The College reserves the right, in its sole discretion, to (a) accept or reject in part or in its entirety any proposal received as a result of this RFP if it is in the best interest of the College to do so; (b) award one or more contracts to one or more qualified vendors if necessary to achieve the objectives of this RFP and if it is in the best interest of the College to do so. SCOPE OF WORK Finger Lakes Community College desires to contract with a Risk Management and Insurance Broker who can: A. Advise and bind auto, property, general liability, umbrella, excess liability, and educator s legal liability insurance. B. Advise and consult with the College on risk management issues. More specifically, the College desires to employ a Broker who will be able to perform the following: 1. Perform a periodic review (no less than annually) of the College's insurance programs, specific coverage(s), loss data, and risk management measures; and make recommendations to the College with respect to the need for ancillary insurance/risk management services, additional coverage and modifications, updating, upgrading, or termination of existing coverage(s). This would include an annual recommendation concerning changes in terms, conditions, limits of coverage, and recommended retention levels based on industry practices and supported by the broker s analyses and rationale. 2. Upon approval by the College, annual marketing of the College's insurance program, including, negotiation of carrier contract extension or change(s). This service will include comprehensive assistance and guidance in completing the insurance application process in a timely fashion. 6

7 3. Solicit proposals from qualified insurance carriers on an annual or as needed basis who are experienced and familiar with writing New York State public entities. 4. Evaluate proposals submitted by insurance carriers relative to compliance with insurance specifications, cost and ability of each carrier to perform as required including relative solvency. 5. Provide a detailed report of solicited policy renewal options available to the College. 6. Provide examination and approval of issued policies for conformity with the College's specification, the carrier's proposal, and industry best practices. 7. Develop an annual stewardship report, including a schedule of insurance, policy summaries, review of past year's activities and outlook for coming year's market conditions. 8. Assist the College in drafting insurance specifications for contracts and agreements as requested. 9. Provide insurance certificates, as needed, to others pertaining to the College's coverage. 10. Advise the College regarding new developments in the field of insurance and risk management. 11. Monitor the loss control assistance provided by the College s insurers, evaluate submitted recommendations by the carrier(s) and negotiate amendments when appropriate. 12. Monitor the claims services provided by the College s insurers, assist the in adjusting and settling claims, including the preparation of proofs of loss on a timely basis as required by the Insurer. 13. Ensure that the College insurers (1) provide regular communications with the College with respect to the status of open claims, ongoing efforts to bring claims to closure, strategies going forward to address challenging cases, etc., and (2) handle claims aggressively, meeting the needs of both the claimant as required while also remaining diligent to minimize exposure to the College. 14. No later than thirty days prior to each anniversary of the date the Broker was appointed as Broker of Record, Broker shall submit a written report to the College detailing Broker s activities conducted for the College during the year. The report shall include a summary of Broker s work performed on the College s account during the current term including review of the year s intended objectives, a discussion of any known issues and recommendations for solutions to those issues. The report shall also include a listing of goals and specific strategies for strengthening the risk management/loss control program at the College for the coming year. 15. The selected broker will be expected to work in partnership with the College s staff to perform the following services: 7

8 i. Provide general problem-solving throughout the plan year. ii. Perform any other duties critical to the proper formation of an insurance and risk management program in support of best practices at the College. iii. Develop cost-saving strategies, financial impact modeling and sensitivity analyses at least annually for review by management. PROPOSAL REQUIREMENTS In addition to the proposal addressing the points listed above in Scope of Work, please provide responses to the following: Overview of Company Structure/ History/Philosophy: A clear demonstration of the vendor's background and prior experience (both business and technical) in risk and insurance broker services; particularly for colleges and universities and nonprofit organizations. A. Describe the structure of your organization, including number of employees and available resources, locally and nationally. B. Provide a general description of the proposing firm s business, including size, number of employees, primary business, and other business or services offered. C. Name, address of the office that will provide the services requested, telephone number, fax and website, if applicable. D. Describe your areas of specialization, specifically including the resources your organization possesses in support of these areas of specialization. E. How many accounts does your specific office service? F. How many employees does your specific office have? G. What is your employee to account ratio in each department including claims, loss control, and account management? Qualifications A. Expertise; technical/industry specific. B. Describe how you will act as an extension of the College s Administrative and Finance Division in the area of Risk Management. C. Provide and describe a minimum of two examples in which you demonstrated exceptional service/provided significant value to a client, particularly with respect to real cost savings, implementation of proactive risk strategies, demonstrated use of metrics to monitor performance, etc. 8

9 D. Describe the experience your office has in servicing and understanding the unique needs and exposures of the College s size, resources, and complexity. E. Include a list of the most significant engagements (max. of 5) performed in the last five years that are similar to the engagement described in this Request for Proposal. F. For each of the engagements listed in response to the preceding requirement, provide the following information: 1. Scope of Work 2. Name and address of the client 3. Approximate annual budget of the client 4. Name and telephone number of principal client contact (reference) 5. Dates of engagement with the client. The College reserves the right to contact these organizations for reference purposes. Competitive Advantage A. Outline your perceived strengths and weaknesses in the marketplace B. What three characteristics differentiate your firm from your competitors? Service and Leadership Team A. Illustrate the account team structure B. Provide names of the executives, partners and the managers who would be assigned to the engagement C. List the names of the proposed day-to-day account service team and describe each member s service role D. Attach resumes of the service and leadership team members E. Provide information on the experience of each proposed consultant, especially as it relates to the performance of this engagement Marketing A. Provide your thoughts on the state of the insurance market that the College will be experiencing for our October 1st renewal B. List in order of preference, from most to least preferred, the insurance markets that you would access on behalf of the College. C. Provide a timeline, transition plan, and conceptual/strategic approach if you were to be selected to represent the College on its lines of coverage with an effective date of October 1,

10 D. Based upon the profile of insurance (Schedule X), your overall expertise regarding the insurance marketplace, and other information included herein, provide an estimated cost for the College s insurance program, including relevant assumptions and unit costs per line of coverage. Risk Management A. Describe specific techniques and procedures, which you will use to assist the College in identifying current and anticipated exposures to loss B. Describe how your firm ensures its clients receive the broadest coverage available in the marketplace at an economical cost. C. Explain and give an example of the skills and experience your firm has in designing insurance or other risk transfer techniques that fit with the College s mission and business model. D. Describe the steps you would take in reviewing our current program. E. How would you keep the College informed of current developments in the risk management arena? Risk/Loss Control Services: Describe your approach to loss control and the services to be provided: A. Casualty and Property: Describe in detail how you will assist the College in designing and implementing loss control techniques that will reduce loss frequency and severity. B. Describe in detail how you will assist the College in designing and implementing property loss control techniques that will reduce the potential for loss. C. List the name of the loss control representative(s) who will make scheduled appointments to meet with College personnel. Indicate the frequency or schedule for these appointments. D. Where is your loss control representative located? E. Include a biography of the loss control representative (s) who would be assigned to the College s account F. Describe the risk management materials/resources that are available to the College. Indicate the charges, if any, for the use of these materials. G. Describe the education and training provided to College personnel. Indicate additional charges to the College, if any. 10

11 Quality Control: Discuss how your organization will ensure accuracy and timely delivery of: A. Submissions to markets B. Binders/advices of insurance C. Policies, program agreements, resume of insurance and other insurance related documents D. Certificates of insurance, auto ID cards, accident kits, posting notices, etc. E. Detail how your firm monitors insurer market quality and solvency. How is this information disseminated? Other Insurance/Risk Management Related Services A. Describe the step by step process your firm would use to set up and administer an effective Certificates of Insurance Program including software, if any that would be part of this process. B. Describe how your firm would provide analysis of the College s data to assist in obtaining the most favorable position with respect to insurance rates. C. How does your firm determine limits and retention levels to recommend to your clients? D. External Resources: Provide the names and qualifications of any needed outside specialists and consultants that will assist the firm s service team. E. Publications: Provide a list of publications issued by your organization that you think would be of interest and assistance to the College. F. Compensation Method: Proposals must include a complete disclosure of all compensation to be earned on the account. Proposals must include a description of your method of compensation for the requested services. Specifically, how will compensation be structured for the services provided direct commission, fixed fee basis, contingent commission, etc.? Include the amount of your firm s proposed compensation (shown on an annual basis) and explain how payment would be made. METHOD OF EVALUATION A. Evaluation Committee: Selected personnel from the College will form the evaluation committee for this RFP. It will be the responsibility of this committee to evaluate all properly prepared and submitted proposals for the RFP and make a recommendation for award. B. Evaluation and Selection Criteria: All properly prepared and submitted proposals will be evaluated using three (3) sets of criteria. Proposals meeting the mandatory criteria will be evaluated for both technical 11

12 qualifications and price. The following represents the principal selection criteria that will be considered during the evaluation process. 1. Mandatory elements: a. The vendor adheres to all instructions included in this Request for Proposal. b. Quality, accuracy, and responsiveness of the proposal as demonstrated by documentation, presentations (if any), and client references in clearly communicating an understanding of the scope of the services to be provided and how the firm will meet the College s risk management objectives c. Demonstrated ability and commitment to assisting the College with expanding its risk management function to encompass more fully Enterprise Risk Management (ERM) best practices d. Demonstrated exceptional level of customer service and support to clients 2. Technical Qualifications and Competence: a. The quality of the vendor's professional personnel to be assigned to the engagement and the quality of the vendor's management support personnel to be available for technical consultation b. The vendor's past experience and performance on comparable educational and non-profit organizations c. The ability to complete the engagement on a timely basis. 3. Price Note: Vendors submitting proposals may be requested to make oral presentations to the evaluation committee. Presentations will provide vendors with an opportunity to clarify any aspects of their written proposals about which the College may have questions. Such oral presentations shall be requested solely at the discretion of the College and not all vendors may be asked to make such oral presentations. 12

13 INFORMATION FOR PROPOSED VENDORS 1. Vendor Questions: Questions regarding this RFP must be submitted in writing to the Ontario County Purchasing Department. Questions should be submitted by fax or . The deadline for submitting questions is July 27, 2017 at noon. All questions will be answered in writing and distributed to all proposed vendors who receive a copy of the RFP. Verbal responses from any College employees should not be given or relied upon. In the event any such response is given, it should not be relied upon and is non-binding. Only that information which is distributed through written addenda will be binding upon the College. Questions regarding the RFP must be directed to: ONTARIO COUNTY PURCHASING 20 Ontario Street Canandaigua, NY Tel: (585) Fax: (585) Purchasing@co.ontario.ny.us 2. Submission of Vendor's Proposal A. Acceptance Period and Location: One (1) ORIGINAL, SIGNED response clearly labeled as original and One (1) complete electronic copy such as a thumb drive or CD must be submitted in a sealed package or packages. All packages must be marked on the outside with the following information: 1. Title of RFP and RFP Number 2. Due Date and Time 3. Company Name and Address This must be received at the address below in the Ontario County Purchasing Department on or before August 10, 2017 at 4:00 p.m. prevailing time. ONTARIO COUNTY PURCHASING DEPARTMENT 20 Ontario Street Canandaigua, New York The proposal submitted by the individual vendor(s) is the document upon which Finger Lakes Community College will make its initial judgment regarding the contractor s qualifications, understanding of the College s scope and objectives, and ability to complete services under the contract. It is the sole responsibility of the respondent to ensure that their response arrives prior to the receipt deadline. 13

14 Those submitting proposals do so entirely at their own expense. There is no expressed or implied obligation by the College to reimburse any firm or individual for any costs incurred in preparing or submitting proposals, preparing or submitting additional information requested by the College, or for participating in any selection interviews and/or other processes Submission of any proposal indicates acceptance of the conditions and the complete understanding of the requirements contained in this RFP unless clearly and specifically noted otherwise in the proposal. Finger Lakes Community College reserves the right to reject any and all proposals submitted in response to this RFP. Finger Lakes Community College reserves the right to reject any and all proposals in whole or in part, to waive any and all informalities and to disregard all non-conforming, non-responsive, or conditional proposals. 3. Term of Contract Any contract resulting from the award of this bid shall be for a term of five (5) years beginning on September 7, Price Adjustments Unless otherwise stated in this document, at no time during the term of any contract arising from an award by the College Board of Trustees may any of the contract pricing be changed for any reason without prior written approval by the College. All pricing shall remain firm during the 12- month contract period. Requests for price adjustments will be considered at time of renewal. The vendor shall give the County a minimum of thirty-(30) calendar days notification of any request for a price adjustment. Said adjustment may at no time exceed the Consumer Price Index for all items as calculated by the Ontario County Purchasing Department. Should the College deem the requested adjustment unacceptable, the College reserves the right to terminate the contract in accordance with the terms of the bid and seek pricing from whatever sources legally available. 5. Termination Clause The College, upon ten (10) calendar days notice to the vendor, may terminate any contract(s) resulting from this RFP in whole or in part when the College deems it to be in its best interest, whether with or without cause. In such event, the vendor shall be compensated and the College shall be liable only for payment for goods, materials, equipment and/or services provided under any contract(s) awarded as a result of this RFP up to the effective date of termination. In the event of a dispute as to the value of services rendered by the vendor prior to the effective date of termination, it is understood and agreed that the College shall determine the value of such services rendered by the vendor. Such reasonable and good faith determination shall be accepted by the vendor as final. In the event the College determines that there has been a material breach by the vendor of any of the terms of any contract(s) awarded as a result of this bid and such breach remains uncured for five (5) days after service on the vendor of written notice thereof, the College, in addition to any other right or remedy it might have, may terminate any contract(s) awarded as a result of this bid and the College shall have the right, power and authority to complete that which is 14

15 required by the contract awarded as a result of this RFP, and any additional expense or cost of such completion shall be charged to and paid by the vendor. Service of notice hereunder shall be effective on the date of mailing. 6. Payment Payment shall be made Net 30 days from receipt of an accurate and approved invoice. FLCC approval for payment will be based on satisfactory completion of the deliverables stated in the RFP. 7. Contracting Parties Any Contract(s) will be between the selected Vendor(s) and Finger Lakes Community College, 3325 Marvin Sands Drive, Canandaigua, NY Defense and Indemnification The vendor agrees to the fullest extent of the law: (a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the College, the vendor shall indemnify and hold harmless the College, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys' fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the vendor or third parties under the direction or control of the vendor; and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of the acts or omissions referred to in Subparagraph (a) above and to bear all other costs and expenses related thereto. The duty to defend hereunder shall be triggered immediately upon notice to the vendor by the Finger Lakes Community College s receipt of a Notice of Claim, service of process or other demand or claim. These defense and indemnification obligations shall survive the expiration or termination of any contract resulting from this bid, whether occasioned by the contract s expiration or earlier termination. 9. Compliance The vendor shall comply, at its own expense, with the provisions of all federal, state and local laws, rules and regulations applicable to its performance of any contract resulting from this bid and any terms and conditions of a grant associated with any contract(s) awarded as a result of this bid. 10. Independence The vendor expressly understands and agrees that it is and shall in all respects be considered an independent contractor. The vendor, its employees, partners, associates, subcontractors, sub-consultants and any others employed or retained by the vendor in the performance of a contract resulting from this bid, are not and shall not hold themselves out nor claim to be an officer or employee of the College or County, nor make claim to any rights accruing thereto, including but not limited to Workers Compensation, Unemployment Benefits, Social Security or retirement plan membership or credit. Further, vendor, by virtue of his/her independent contractor status, shall under no circumstance constitute an employee of the College or County for purposes of the Affordable Care Act, shall not be entitled to any subsidy or credit in connection with this bid, and agrees if the College or County were to be assessed a penalty 15

16 related to this bid that vendor will defend and indemnify the College or County for any said penalty or related penalty. 11. Records All original records compiled by the vendor in performing under a contract resulting from this bid, including but not limited to written reports, studies, drawings, blueprints, negatives of photographs, computer printouts, graphs, charts, plans, specifications and all similar recorded data, shall become and remain the property of the College. The vendor may retain copies of such records for its own use. 12. Non-Assignment In accordance with NYS General Municipal Law 109, at no time during the duration of any contract resulting from this bid, shall the successful vendor be allowed to assign any portion of this contract to a third party without express written approval by the College Board of Trustees 13. Judgments and Legal Findings By submitting this proposal for consideration, the vendor affirms that they currently have no judgments or other legal findings nor have any pending judgments or other legal findings against the company or any of its executives, with any federal, state or local governmental entities that in any way could impact or have the potential to impact their ability to complete any contract awarded them as a result of this bid. Failure to disclose any such judgments and/or findings will result in the termination of any contracts and other penalties as deemed legal and appropriate by the College. 14. Non Appropriations Clause In accordance with New York State General Municipal Laws, Finger Lakes Community College will not be liable for any purchases or contracts for goods or services for which funding is not available. As a result, the Vendor agrees to hold the College harmless for any contracts let for which funding either does not currently exist or for which funding has been removed prior to the issuance of a purchase order by the College. Issuance of a purchase order by the College indicates that the College currently has and has set aside adequate funds to procure the goods and services indicated in the purchase order or contract. Receipt of a resolution by the Finger Lakes Community College Board of Trustees is not in and of itself a binding contract with the College. Should it become necessary for the College to cancel a project or purchase after an order to proceed or purchase order has been issued, the College will only be liable for and the vendor agrees to only assess those financial damages that it can prove to have incurred as a result of the cancellation. 15. Iran Divestment Act By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Bidder/Contractor (or any assignee) certifies that it is not on the "Entities Determined To Be Non-Responsive Bidders/Offerors Pursuant to The New York State Iran Divestment Act of 2012" list ("Prohibited Entities List") posted on the OGS website at: and further certifies that it will not utilize on such Contract any subcontractor that is identified on the Prohibited Entities List. Additionally, Bidder/Contractor is advised that should it seek to renew or extend a Contract awarded in response to the solicitation, it must provide the same certification at the time the Contract is renewed or extended. 16

17 During the term of the Contract, should Finger Lakes Community College or Ontario County receive information that a person (as defined in State Finance Law 165-a) is in violation of the above-referenced certifications, the College will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the College shall take such action as may be appropriate and provided for by law, vile, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the Contractor in default. Finger Lakes Community College reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award. 16. Employee Verification Requirements All vendors and all municipal entities included under any contract(s) resulting from an award of this RFP are required to comply with all current state, federal and local laws, rules and regulations as they pertain to the verification of the ability of each employee to legally work in this state and country. This includes all employees, subcontractors and their employees engaged in work covered by said contract. All vendors shall, upon request, supply the College with certified copies of U.S. Citizenship and Immigration Services Form I-9 for all employees, subcontractors and their employees. These forms should be on file at the vendor s home office and are available online at By submitting a bid for consideration by the College, the vendor acknowledges that it has complied with and will continue to comply with all regulations and statutes concerning the verification of employee status. PROPOSAL RESPONSE FORMAT In order to facilitate the analysis of responses to the RFP, Vendors are required to prepare their proposals in accordance with the instructions outlined in this section. Each Vendor is required to submit the proposal in a sealed package. Each package must be clearly marked as described in Information for Prospective Vendors. Vendors whose proposals deviate from these instructions may be considered non-responsive and may be disqualified at the discretion of Finger Lakes Community College. Proposals should be prepared as simply as possible and provide a straightforward, concise description of the Vendor s capabilities to satisfy the requirements of this RFP. Organization of Proposal Cover or Transmittal Letter, if any. Table of Contents (optional). Overview of qualifications and experience including any documentation required in the specifications. Fee Schedule (a list of all fees that may be billed for services) Required Forms from Appendix B (Proposal Form completed and signed with notarized Independent, Corporate, Partnership or LLC Acknowledgement, Non-Collusive completed and signed,). These forms are made available in Appendix B of this document. 17

18 Insurance Certificates (Appendix A) Samples of work (may be included in the proposal package or in a separate marked envelope. CONTRACT TERMS This section is intended to form the basis for the development of a contract to be awarded as a result of this RFP. A. The selected Vendor(s) may be required to execute a contract with Finger Lakes Community College. Schedule A of said contract shall include: Agreement for Vendor services The College s RFP dated July 20, 2017 The Vendor s response Any and all addenda All necessary insurance information B. Vendors may provide any other relevant information that will assist the College in evaluating their proposals. C. Proposals shall remain valid until the execution of a contract by Finger Lakes Community College. D. Proposals shall be examined and evaluated by the College s evaluation team to determine whether they meet the requirements of this RFP and to make a recommendation to Finger Lakes Community College. E. The successful proposal shall not be determined by price alone. The evaluation process will be directed toward identifying a Vendor who best meets the College's functional requirements, is financially sound, technically oriented, user-friendly, competitively priced, and reflects Vendor experience and competency. F. The Vendor's response to the RFP will become part of the Standard Contract. INSURANCE REQUIREMENTS For all services set forth herein and as hereinafter amended, the proposed vendor shall maintain or cause to be maintained in full force and effect during the term of agreement at its expense, Worker s Compensation insurance, liability insurance covering personal injury and property damage and other insurance shall be in accordance with the stated minimum coverage listed under Schedule B Insurance Form and attachments that can be found in Appendix A of this document. Such policies are to be in the broadest form available on usual commercial terms and shall be written by insurers of recognized financial standing and satisfactory to the College. Except for Workers Compensation, disability and professional liability, the College shall be named as an additional insured on all such policies with the understanding that any obligations imposed upon the insured (Including, without limitation the liability to pay premiums) shall be the sole obligations of the Vendor and not those of the College. Updated copies of all insurance certificates are to be provided with this proposal. 18

19 APPENDIX A FINGER LAKES COMMUNITY COLLEGE SCHEDULE B INSURANCE FORM 19

20 Schedule "B" Insurance Form Schedule B consists of three separate forms, (1) proof or Workers Compensation insurance, (2) proof of Disability insurance and (3) proof of Liability insurance/auto/professional insurance supplied on an ACORD Certificate I. All bids and quotes shall include the required proof of insurance forms with the response. Failure to do so may deem the vendor non-responsive. II. CERTIFICATES OF INSURANCE A. All insurance ACORD certificates shall name Finger Lakes Community College as additional insured. B. Certificate Holder shall be made out to the "Finger Lakes Community College, 3325 Marvin Sands Drive, Canandaigua, NY C. Coverage must comply with all specifications of the contract. D. Executed by an insurance company and/or agency or broker which is licensed by the Insurance Department of the State of New York. E. The Certificate must indicate that prior to non-renewal or cancellation of these policies, at least thirty (30) days advance written notice shall be given to the Finger Lakes Community College and the College Department requesting this Certificate, before such change shall be effective. III. Forward the completed certificate to: Finger Lakes Community College, (Department or Division) responsible for entering into the agreement for construction, purchase or lease or service. IV. The vendor shall supply an ACORD Certificate of Insurance for vendor classification B. The following two pages are a sample of the required Insurance ACORD and details of the required forms for Workers Compensation and Disability according to Sections 57 and 220 subd. 8 of the Workers Compensation Law. (The ACORD Certificate, Workers Compensation certificate and Disability certificate must all be on file with the College before any contracts/awards can be approved by the Finger Lakes Community College Board of Trustees and must be kept current for any payments to be made). V. In some circumstances it will be necessary to require alternate coverage and limits which will be defined in the specifications, contract, lease or agreement. The alternative specifications should be evidenced on the certificate in lieu of the following standards. 20

21 Exhibit B Purchase or Lease of Merchandise, Equipment, Food Products & Services ACORD PRODUCER INSURED CERTIFICATE OF LIABILITY INSURANCE (Name of Agent) (Contractor) DATE (MM/DD/YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Insurance Company INSURER B: Insurance Company INSURER C: INSURER D: INSURER E: COVERAGES NSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) GENERAL LIABILITY (Policy Number) (Date) (Date) EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) X CLAIMS MADE OCCUR MED EXP (Any one person) $ GEN'L AGGREGATE LIMIT APPLIES PER X X X POLICY PROJECT LOC AUTOMOBILE LIABILITY ANY AUTO LIMITS PERSONAL & ADV INJURY $ GENERAL AGGREGATE PRODUCTS - COMP/OP AGG (Policy Number) (Date) (Date) COMBINED SINGLE LIMIT (Ea. accident) ALL ALLOWED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ $ 1,000,000 $ 50,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYER LIABILITY WC STATU- TORY LIMITS E.L. EACH ACCIDENT OTH- ER $ E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project Name/or Services to be provided CERTIFICATE HOLDER Y ADDITIONAL INSURED; INSURER LETTER: CANCELLATION Finger Lakes Community College 3325 Marvin Sands Drive Canandaigua, NY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES ACORD 25-S (7/97) ACORD CORPORATION 1988

22 Workers Compensation Requirements under Workers Compensation Law 57 To comply with coverage provisions of the Workers Compensation Law (WCL), businesses must: a) be legally exempt from obtaining workers compensation insurance coverage; or b) obtain such coverage from insurance carriers; or c) be a Board-approved self-insured employer; or d) participate in an authorized group self-insurance plan. To assist State and municipal entities in enforcing WCL Section 57, businesses requesting permits or seeking to enter into contracts MUST provide ONE of the following forms to the government entity issuing the permit or entering into a contract: A) Form CE-200, Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage; Form CE-200 can be filled out electronically on the Board s website, Click on the last button in the lower right hand corner {WC/DB Exemptions Form CE-200 (In bright yellow letters)} Applicants filing electronically are able to print a finished Form CE-200 immediately upon completion of the electronic application. Applicants without access to a computer may obtain a paper application for the CE-200 by writing or visiting the Customer Service Center at any district office of the Workers Compensation Board. Applicants using the manual process may wait up to four weeks before receiving a CE-200. Once the applicant receives the CE-200, the applicant can then submit that CE-200 to the government agency from which he/she is getting the permit, license or contract; or B) Form C-105.2, Certificate of Workers Compensation Insurance (the business s insurance carrier will send this form to the government entity upon request). Please Note: The State Insurance Fund provides its own version of this form, the U-26.3; or C) Form SI-12, Certificate of Workers Compensation Self-Insurance (the business calls the Board s Self-Insurance Office at ), or GSI-105.2, Certificate of Participation in Worker s Compensation Group Self- Insurance (the business s Group Self-Insurance Administrator will send this form to the government entity upon request). Disability Benefits Requirements under Workers Compensation Law 220(8) To comply with coverage provisions of the WCL regarding disability benefits, businesses may: a) be legally exempt from obtaining disability benefits insurance coverage; or b) obtain such coverage from insurance carriers; or c) be a Board-approved self-insured employer. Accordingly, to assist State and municipal entities in enforcing WCL Section 220(8), businesses requesting permits or seeking to enter into contracts must provide one of the following forms to the entity issuing the permit or entering into a contract: A) CE-200, Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage (see above); B) DB-120.1, Certificate of Disability Benefits Insurance (the business s insurance carrier will send this form to the government entity upon request); or C) DB-155, Certificate of Disability Benefits Self-Insurance (the business calls the Board s Self-Insurance Office at ). NYS Agencies Acceptable Proof: Letter from the NYS Department of Civil Service indicating the applicant is a New York State government agency covered for workers compensation under Section 88-c of the Workers Compensation Law and exempt from NYS disability benefits. 22

23 APPENDIX B MANDATORY FORMS 1. Non-Collusive Bidding Certification 2. Proposal Form - including Independent, Corporate, Partnership or LLC Acknowledgement THE FORMS ON THE FOLLOWING PAGES MUST BE INCLUDED IN EACH PROPOSAL. ONE PROPOSAL MUST BE MARKED ORIGINAL AND INCLUDE ALL ORIGINAL SIGNED AND EXECUTED FORMS 23

24 REQUEST FOR PROPOSAL R17079 NON-COLLUSIVE BIDDING CERTIFICATION By submission of this RFP, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge: 1. The prices in this RFP have been arrived at independently without collusion, consultation or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor and: 2. Unless otherwise required by law, the prices which have been quoted in this RFP haven't been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor and: 3. No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not submit a RFP for the purpose of restricting competition. DATE: COMPANY NAME: NAME AND TITLE: SIGNATURE: ADDRESS: TELEPHONE #: FAX #: FEDERAL ID #: 24

25 REQUEST FOR PROPOSAL R17079 PROPOSAL FORM PROPOSAL FORM FOR RFP to be received by August 10, 2017 at 4:00 PM prevailing time at the office of the Ontario County Purchasing Director, 20 Ontario Street, Canandaigua, NY Proposals must be submitted in a sealed envelope or package, plainly marked as to its contents. Proposals must contain a statement of non-collusion as required by Section 103-d of the General Municipal Law. The College reserves the right to reject any or all proposals. By signing and submitting this Proposal for consideration by the Finger Lakes Community College Board of Trustees the vendor acknowledges that they have read, understand and agree to all aspects of the specifications as presented without reservation or alteration. vthe undersigned proposes to furnish the following services, in accordance with the attached specifications, to Finger Lakes Community College at the price(s) shown. All prices are to include no taxes. NAME OF FIRM: MAILING ADDRESS: CITY/STATE/ZIP CODE: TELEPHONE NUMBER: FAX NUMBER: BY: Signature of Representative (Blue or other non-black ink required) BY: Signature of Representative (PRINTED) FEDERAL OR TAX ID # ADDRESS 25

26 INDIVIDUAL, CORPORATE, PARTNERSHIP OR LLC ACKNOWLEDGMENT STATE OF ) )SS: COUNTY OF ) On the day of, in the year 20 before me personally appeared, known to me to be the person who (name of person signing contract) executed the within instrument, who being duly sworn by me did depose and say that he resides at in the Town of, County of, State of, and further that: [Check One] ( If an individual): he executed the foregoing instrument in his/her name and on his/her own behalf, or doing business as (d/b/a). (name of company) ( If a corporation): he is the of, the (title) (name of company) corporation described in said instrument; that, by authority of the Board of Directors of said corporation, he is authorized to execute the foregoing instrument on behalf of the corporation for the purposes set forth therein; and that, pursuant to that authority, he executed the foregoing instrument in the name of and on behalf of said corporation, as the act and deed of said corporation. ( If a partnership): he is the of, the (title) (name of company) partnership described in said instrument; that, by the terms of said partnership, he is authorized to execute the foregoing instrument on behalf of the partnership for the purposes set forth therein; and that, pursuant to that authority, he executed the foregoing instrument in the name and on behalf of said partnership, as the act and deed of said partnership. ( If a limited liability company): he is a duly authorized member of, LLC, the limited liability company described in said (name of company) instrument; that he is authorized to execute the foregoing instrument on behalf of the limited liability company for the purposes set forth therein; and that, pursuant to that authority, he executed the foregoing instrument in the name of and on behalf of said limited liability company, as the act and deed of said limited liability company. Notary Public 26