REQUEST FOR PROPOSALS FOR

REQUEST FOR PROPOSALS FOR PROVIDING FULL SERVICE INSURANCE BROKERING SERVICES TO ONONDAGA COUNTY RESOURCE RECOVERY AGENCY Dated: September 30, 2016 ONONDAGA COUNTY RESOURCE RECOVERY AGENCY 100 Elwood Davis Road North Syracuse, New York 13212-4312 TELEPHONE: (315) 453-2866 FAX: (315) 453-2872 www.ocrra.org

REQUEST for PROPOSALS PROVIDING FULL SERVICE INSURANCE BROKERING SERVICES to ONONDAGA COUNTY RESOURCE RECOVERY AGENCY Dated: September 30, 2016 SECTION 1 BACKGROUND INFORMATION The Onondaga County Resource Recovery Agency (the Agency or OCRRA ) is a New York public benefit corporation created by Public Authorities Law, Title 13B, for the public purpose of assisting in the planning, development, construction, operation and maintenance of solid waste facilities. OCRRA is empowered to receive, transport, process, dispose of, sell, store, convey, recycle and deal with, in any lawful way, solid waste. OCRRA is also empowered to contract with municipalities, public corporations, or persons for solid waste services. OCRRA is exempt from federal, state and local taxes. The Onondaga County Resource Recovery Agency ( OCRRA ) is inviting interested full service insurance brokers with expertise in underwriting, consulting, servicing, claims management, and other full service insurance matters to submit their professional proposal for consideration in providing brokering services to the Agency. It is OCRRA s intent to that the selected broker will be made broker of record at all requested insurance carriers. The start dates for required insurance coverages are as follows: Other Commercial Insurance Coverages effective April 1, 2017 (As detailed in this RFP) Contractor s Pollution Liability(currently a two-year policy) effective April 1, 2017 OCRRA also provides employees with a comprehensive health, dental, and vision insurance program through the Onondaga County Employee Benefits Agreement OCEBA, which is administered by POMCO as third party administrator. These employee health type benefits are not to be considered for broker placement in the near term. Additionally, OCRRA s worker s compensation insurance needs are expected to be handled in-house. Worker s compensation is not to be considered for broker placement in the near term. SECTION 2 INSTRUCTIONS TO RESPONDENTS SUBMISSION REQUIREMENTS All Proposals must be submitted no later than 1:00 p.m. on October 21, 2016, in sealed envelopes and to the address listed below. Proposals must be submitted by mail or delivery service. Proposals must be enclosed in a sealed envelope, plainly marked as: 'Proposals Insurance Broker Services", and addressed as follows: Mr. Michael Mokrzycki Business Officer Onondaga County Resource Recovery Agency 100 Elwood Davis Road North Syracuse, NY 13212 P a g e 1

Proposals received by fax or email will not be considered. Any questions regarding the specifics of this RFP must be received by email no later than October 12, 2016. OCRRA conducts its procurements to maximize competition and provide all vendors with an opportunity to compete fairly. For any procurements over $15,000.00, all contacts, questions, and correspondence with the Agency after the Request for Proposals go out, must be exclusively through a designated OCRRA Procurement Contact Person, and no one else. The designated contact for this procurement is Maura Farrell at (315)453-2866 email mfarrell@ocrra.org. Questions must be submitted by email at the email address listed above. Proposers, their agents, and representatives are directed not to contact or lobby other staff members, management or members of the Board of Directors of OCRRA regarding this RFP. Questions raised through the designated contact person and answers thereto will be emailed to all known prospective bidders. The Proposer is responsible for all costs associated with the preparation of the Proposal provided to the Agency. OCRRA presently maintains a full line of comprehensive insurance coverages in carrying out its mission, including the following lines: Liability Coverage Commercial General Liability (Including Employee Benefits Liability) Property/Site 31 (including Equipment Breakdown) - Site 31 means future potential landfill site property of approximately 400 acres of land, which includes six residential structures and some farm land that is leased to tenants. This is not an active landfill. Commercial Articles Contractor s Equipment Floater Electronic Data Processing Crime Business Automobile Commercial Umbrella Public Entity Management Liability Employment Practices Liability Excess Errors and Omissions Liability Excess Coverages Excess Crime Excess Umbrella Owners & Contractors Protective (2) Professional Liability Policy (Lawyers) Contractors Pollution Liability (2-Year Policy) OCRRA wishes to engage a qualified and experienced full line insurance broker for placement/underwriting, consulting, claims servicing, loss prevention support, and other professional insurance related services. OCRRA does not presently self-insure any lines of coverage. Historically, OCRRA engages brokerage competition approximately every three years. OCRRA is soliciting this Request for Proposal in order to identify Insurance Brokers that have the ability and capacity to provide full coverage at cost effective premiums. OCRRA is only interested in insurance carriers with a minimum of an A Rating by A.M Best Company, Inc.; or equivalent rating from two other independent rating agencies. The Waste-To-Energy Facility is not insured by OCRRA and is not part of this process. 2

CONTENT OF RESPONDENTS STATEMENTS Interested Brokers are requested to keep their submission as brief as possible, while providing all of the requested information regarding the following: 1. Provide Brokerage/Agency background, years in business, designated individuals that would service OCRRA accounts, and whether the service team is locally based, or out of area. 2. Describe the Insurance Agency s professional insurance brokerage experience with full lines of coverages similar to those now in place at OCRRA and with organizations similar to OCRRA. 3. Provide a broker services fee proposal to the Agency, which shall be due and payable as of April 1, 2017, or at such time as coverage commences. The Broker Fee shall be the only compensation paid to the selected Broker for services rendered under this proposal. The selected Broker shall remit any commission paid to them by any insurance carrier related to OCRRA s coverage to the Agency, and each year shall provide the Agency a signed written statement as follows: Broker Services Fee: In consideration of the Services, Company shall compensate Broker in the amount of XXX Dollars (the Broker Services Fee ). The Broker Services Fee shall be fully earned and payable upon Company s execution and delivery of this Agreement. The Broker Services Fee is not a part of, but rather is in addition to, any premium that may be paid by the Company for the Lines of Insurance. Insurer Commissions: Broker agrees that it will not receive any commission from an insurer for the placement of Company s insurance business pursuant to this Agreement. If Broker receives any such commission payments from an insurer in error or otherwise, Broker agrees to refund the Broker Service Fees in the amount of such commission payment, credit the commission against the Broker Services Fee or take such other action, if any, as shall in all cases comply with applicable law. 4. The Agency seeks two one year Agency options to retain the selected broker under this proposal. Please provide the annual broker services fee, under the same conditions as #3 above, for the following Coverage Periods: First One Year Agency Option: April 1, 2018 through March 31, 2019 Second One Year Agency Option: April 1, 2019 through March 31, 2020 3

5. Provide a listing of up to four insurance carriers for each of the Agency s insurance lines that the broker feels are qualified to provide the Agency s insurance coverage. Once a broker is selected, the broker will be expected to solicit quotes from each of the listed companies and provide those quotes to OCRRA s Board of Directors as part of the insurance placing process. Proposer s may include additional insurance carriers on separate sheets if they so choose. Type of Line of Insurance Carrier #1 Carrier #2 Carrier #3 Carrier #4 Commercial General Liability (Including Employee Benefits Liability) Property / Site 31 (Including Equipment Breakdown) Commercial Articles Contractors Equipment Floater Electronic Data Processing Crime Business Automobile Commercial Umbrella Public Entity Management Liability Excess Errors and Omissions Liability Excess Crime Excess Umbrella Owner s and Contractor s Protective Professional Liability Policy (Lawyers) Contractor s Pollution Liability Current Coverage Position Broker of Record: Brown & Brown Empire State Carrier Coverage Period Contractor s Pollution Liability CHUBB Group 4/1/16 3/31/17 Professional Lawyer s Liability Executive Risk Spec. 4/1/16 3/31/17 Excess Umbrella Liability Great American Ins. Co 4/1/16 3/31/17 Pollution Liability Federal Insurance Co. 4/1/15 3/31/17 All Other Commercial Coverages Travelers 4/1/16 3/31/17 6. Each Proposer must furnish with their Proposal a properly signed Conflict of Interest Statement, Non-Collusion Affidavit and State Finance Law form. The Conflict of Interest Statement, Non-Collusion Affidavit and State Finance Law form are to be completed and submitted on the attached forms that OCRRA has provided with the Request for Proposal. By submitting a proposal, Proposer warrants that there is no conflict of interest in Proposer s other contracts or other employment, if any, with submission of the proposal hereunder and that Proposer shall advise OCRRA if any conflict or potential conflict of interest exists or arises in the future. 4

SECTION 3 EVALUATION PROCESS GENERAL The qualifications and evaluation process will be based on a thorough review of all submittals, possible interviews, and the use of independent sources of information. OCRRA specifically reserves the right to reject any and all requests at its sole discretion or to waive any informality in the requests received. OCRRA also reserves the right to issue addenda to this Request for Proposals, which may include a request for additional information. EVALUATION CRITERIA OCRRA intends to select a Broker, who is deemed most advantageous to OCRRA in its sole discretion. In reaching that determination, OCRRA shall consider without limitations such factors as experience, list of qualified insurers, customer services to be provided, responsiveness, and broker fee service price. Proposers should be aware that while experience and service will be significant factors in such determination, OCRRA specifically reserves the right to select one or more brokers for various insurance lines, if necessary, on the basis of all factors considered. Proposals shall be evaluated based on the Proposer s ability to demonstrate: The ability to provide aggressive competition among insurers to reduce Agency premium costs The usefulness to OCRRA of proposed deliverables by a broker. Relationship to insurers that provide placement of coverage for OCRRA s various lines. Innovative approaches to insurance placements. Experience, qualifications, and preferred underwriting relationships. REQUIRED FORMS AND ATTACHMENTS A cover letter and other materials that the Proposer desires as supporting documentation shall be included. The cover letter and materials should summarize the services to be provided and should include as a minimum the following: Commitment of Proposer to carry out all provisions of the Request if selected by OCRRA to participate in broker selection. Signature of an officer, principal or partner empowered to sign such materials and commit to the obligations contained in the Request response. Statement that all information in the entire submittal including any forms and supplemental submittals are included and are accurate and factual. References - Give name, address, telephone number, and e-mail address. Designation of the individual authorized to negotiate a contract with OCRRA. Complete Conflict of Interest Affidavit (Form A - Attached) Complete Non-Collusion Certification (Form B - Attached) Business Information Form (Form C - Attached) State Finance Law Disclosure Form (Form D - Attached) Proposed broker fee for April 1, 2017 through March 31, 2018 Proposed broker fees for the option periods described in Section 2, #4. Listing of insurance carriers from which the broker intends to seek quotes, as described in Section 2, #5. 5

CONFIDENTIALITY All submittals to OCRRA will be subject to the New York State Freedom of Information Law (Public Officer s Law, Article 6, and Section 84-90). OCRRA will make every effort to maintain the confidentiality of proprietary materials that are in writing and marked Confidential. FINAL SELECTION The OCRRA Board of Directors will make the final decision regarding selection. SECTION 4 SERVICES TO BE RENDERED BASIC SERVICES The basic service to be furnished by the Proposer are: Comprehensive Brokering Service Ability/capacity to secure NYS qualified insurance companies with a minimum A Rating for all current lines of coverage s, in full or in part. Ability to service accounts with local contacts for overall claims needs. Provide OCRRA Risk Management personnel with clarifications on any coverage questions, details, and requests. Ability and commitment to follow through with a competitive quotation if selected. Proposer shall demonstrate experience, competence, and familiarity with All lines of full service insurance coverages Claims reduction plans Loss control methods with appropriate training program offerings Governmental type insurance coverages Responses meeting submission requirements will be reviewed in a timely fashion. OCRRA, at its sole discretion, may reject any or all submissions, or seek additional information on any or all submissions received, or choose not to select any broker. APPLICABLE LAW Any Broker Contract resulting from the solicitation herein shall be interpreted in accordance with the laws of the State of New York. 6

Expected Timeline for Securing Insurance Coverage and Full Service Brokering September 30, 2016 October 12, 2016 October 21, 2016 October 27, 2016 November 29, 2017 December 5, 2017 January 31, 2017 February 8, 2017 April 1, 2017 Issue Request for Proposals (RFQ) for Providing Full-Service Insurance Brokering Services for All Other Commercial Coverages RFP Deadline for Q&A RFP is due back to OCRRA RFPs will be reviewed and Brokers selected for interview will be notified Administration Committee will review RFPs and may interview Brokers Selected Broker will be notified, insurance quotations will be requested, and selected broker will be made broker of record at all requested insurance companies. Administration Committee will review/approve insurance recommendations; Sponsor Resolution(s) for All Commercial Coverages and Brokering Services Board Resolution of Acceptance for All Commercial Coverages and Brokering Services Commence Provision of Insurance Services 7

FORM A CONFLICT OF INTEREST AFFIDAVIT STATE OF ) ) ss: COUNTY OF ), being duly sworn, deposes and says for and on behalf of, that: 1. Our (my) firm, is an independent firm or company, and has this date submitted a bid, proposal, or quote to provide goods and/or services to the Onondaga County Resource Recovery Agency. 2. I certify on behalf of the bidder, proposer, or quoter that it and its employees have no interest, direct or indirect, which could conflict in any manner or degree with the performance or provision of these goods and/or services to the Onondaga County Resource Recovery Agency. 3. If awarded a contract my (our) firm agrees that in providing the goods or in the rendering of services to the Onondaga County Resource Recovery Agency, no persons having any such interest shall be employed by the firm. I assume full responsibility for knowing whether my (our) employees or agents have any such interest and hereby certify that no such interest exists. Dated:, 20 By: For and on Behalf of: Sworn before me this day of, 20. Notary Public 8

FORM B CERTIFICATE OF NON-COLLUSION Non-collusive Certifications required of all bidders/proposers/quoters under Section 103-d of the General Municipal Law as amended by Chapter 751 of the Laws of 1965 and Chapter 675 of the Laws of 1966 effective September 1, 1966, is as follows: By submission of this bid/proposal/quote, the bidder/proposer/quoter and each person signing on behalf of the bidder/proposer/quoter certifies, and in the case of a joint bid/proposal/quote each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid/proposal/quote have been arrived at independently without collusion, consultation, communications, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/proposer/quoter or with any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid/proposal/quote have not been knowingly disclosed by the bidder/proposer/quoter and will not knowingly be disclosed by the bidder/proposer/quoter prior to opening, directly or indirectly, to any other bidder/proposer/quoter or to any competitor; and (3) No attempt has been made or will be made by the bidder/proposer/quoter to induce any other person, partnership, or corporation to submit or not to submit a bid/proposal/quote for the purpose of restricting competition. Legal Name of Bidder/Proposer/Quoter (Typed) Address (Typed) City State Zip BY: Signature Dated, 20 Name Title (Typed) (Typed) 9

Form C BUSINESS INFORMATION FORM 1. Name Of Firm: 2. Address: 3. Contact Person: 4. Phone Number: 5. Email Address: 6. Check All Appropriate: Municipally Owned and Operated Closely Held Corporation - State of Incorporation: Publicly Held Corporation- State of Incorporation: Proprietorship - Name of Proprietor: Partnership - List of Principal Partners: 7. Years in Business: 8. Describe the Firm's Experience: 9. Chief Executive/Operating Officer: Name: Address: Phone Number: 10

FORM D Disclosure to OCRRA During Procurement Process of Prior Non-Responsibility Determinations OCRRA Procurement Regarding: OCRRA Designated Procurement Contact Person: Maura Farrell OCRRA conducts its procurements to maximize competition and provide all vendors with an opportunity to compete fairly. New York law now provides that, for any procurement over $15,000.00, all potential vendors must disclose whether a governmental entity in New York has made a finding of Non-Responsibility. Non- Responsibility is defined in State Finance Law Section 139-j and can include failure of a potential bidder/proposer/quoter to timely disclose truthful, accurate, or complete information that may allow OCRRA to make a determination as to its responsibility relative to this procurement as well as unauthorized procurement contacts (including contacts to someone other than the designated procurement contact) and ethics code violations. In order to qualify for consideration on this procurement, the bidder/proposer/quoter must complete and sign the form below. (For Vendor Use) Name and Address of Bidder/Proposer/Quoter Seeking to Enter into the Procurement Contract with OCRRA: Name, Title, and Phone Number of Person Submitting this Form: Has any Governmental Entity in New York made a finding of Non-Responsibility regarding the bidder/proposer/quoter seeking to enter into the Procurement Contract in the previous four years? (Please circle): No Yes If you answered yes to the above question, please provide details regarding the finding of Non-Responsibility below. New York Governmental Entity: Date of Finding of Non-Responsibility: Basis of Finding of Non-Responsibility: Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract with the above-named bidders/proposers/quoters after a finding of intentional provision of false or incomplete information? (Please circle): No Yes If yes, please provide details below: New York Governmental Entity: Date of Termination or Withholding of Contract: Basis of Termination or Withholding: 11

Bidder/proposer/quoter certifies that all information provided to OCRRA above with respect to State Finance Law 139-k is complete, true, and accurate. By: Date: Signature PERMISSIBLE CONTACTS AFFIRMATION As a potential bidder/proposer/quoter on an OCRRA solicitation where the contract amount may exceed $15,000.00, I recognize that once the solicitation issues, New York law requires that all contacts with OCRRA regarding that procurement must be through the designated OCRRA Procurement Contact Person and no one else. On behalf of my client as a potential bidder/proposer/quoter, I affirm that my client understands and agrees to comply with the procedures of the Onondaga County Resource Recovery Agency relative to permissible contacts as required by New York State Finance Law 139-j (3) and 139-j (6) (b). This form must be submitted with the bid, proposal, or quote. OCRRA Designated Procurement Contact Person: Cheri Zajac Vendor Signature Print Signer s Name Vendor Title: Date: Vendor Name: Vendor Address: 12