RFB-RC-2025-041 - Legal Process Services.pdf

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COUNTY OF ROCKLAND - DGS-PURCHASING

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

TELEPHONE: 845-364-3820 / TELEFAX: 845-364-3809

TITLE: Legal Process Services

RFB-RC-2025-041

ELECTRONIC BID SUBMISSION ENCOURAGED

Proposals may be submitted electronically through the County’s BONFIRE BID Submission Portal. Please refer to the instructions titled: Electronic Bid Submission Instructions for Suppliers

BIDDER’S NAME: __________________________________________________________________________________________

PHYSICAL ADDRESS: _______________________________________________________________________________________ Bidders must list a physical address

MAILING ADDRESS : _______________________________________________________________________________________

(P.O. BOX NUMBER, IF APPLICABLE)

Bids for the above referenced bid number and title will be received until 3:00 PM on May 22, 2025, via electronic bid submission through the BONFIRE Portal or at the Rockland County Purchasing Department, at the above address and at that time all bids will be publicly opened and read. Specifications and bid forms may be downloaded at: www.rcpurchasing.com and/or www.bidnetdirect.com.

Please make note that the United States Postal Service does not deliver directly to this facility, however, other overnight couriers DO deliver directly to our facility. It is recommended that proposals be submitted in advance, at least one day prior to the specified date and time to allow for a timely receipt. LATE BIDS will NOT be considered

TERMS: One (1) year with four (4) one (1) year options

DELIVERY: As Specified

Prices are to be quoted F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED with deliveries to be made to: N/A

IMPORTANT NOTICE – Bid Distribution:

The County of Rockland officially distributes bidding documents from the Purchasing Division Office or through the Empire State

Purchasing Group's Regional Bid Notification System. Copies of bidding documents obtained from any other source are not considered official copies. Only those vendors who obtain bidding documents from either the Purchasing Division Office or the Regional Bid

Notification System are guaranteed to receive addendum information, if such information is issued. Appendix A (Revised 08/2010) –

General Terms and Conditions for all Purchasing Division Contracts is a separate attachment. Bidders must download, read, and acknowledge acceptance of Appendix A on the proposal page. If you have obtained this document from a source other than the

Rockland County Purchasing Division or the Empire State Regional Bid Notification System, it is recommended that you obtain an official copy.

NOTE: The proposal of each bidder must contain the certification to non-collusive bidding as set forth in section 103-d of the General Municipal Law included in the specifications. This requirement must be strictly complied with. Filing of

Affidavit of Disclosure is mandatory when submitting your bid for this project.

The undersigned reserves the right to reject any and all proposals and to accept any proposal or proposals as submitted, or as modified, which in the opinion of the undersigned will be in the best interests of the County of Rockland.

DATED: 4/7/25 COUNTY OF ROCKLAND

POMONA, NY

BY: PAUL J. BRENNAN, FNIGP, CPPO, DIRECTOR OF PURCHASING

PLEASE MAKE COPY OF BID FOR YOUR RECORDS

http://www.rcpurchasing.com/ http://www.bidnetdirect.com/

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

BIDDER’S CHECK LIST

Your response to the above referenced bid may be considered unresponsive and may be rejected if the following forms are not included at the time of the bid opening. If submitting your pricing via electronic bid submission please see Electronic Bid Submission Instructions for Suppliers.

FORMS

STATEMENT OF REQUIRED DISCLOSURES, REPRESENTATIONS AND

CERTIFICATIONS

Experience / References form

Valid NYS Worker’s Compensation and Disability Certificates or Attestation of

Exemption

Signed Bid Acknowledgment Form

BID DEPOSIT

BID SECURITY

If required, each bid must be accompanied by a certified check made payable to the County of Rockland in the amount indicated below. In lieu of such check, the bidder may furnish a bid bond in the same amount, and having as surety thereon a surety company licensed to do business in the State of New York and approved by the County Attorney. Checks or bid bonds of all formal bidders will be returned after an award has been made.

The amount of the bid deposit required for this bid is:

$500.00 5% of Total Bid Waived Other: _____________

INSURANCE INFORMATION

As per pages 12 through 16 of the bid package, the County of Rockland requires a current insurance certificate, with the County of Rockland listed as additional insured, to be on file in the Purchasing Department. You will be given five (5) business days from notice of award to supply this form or the award will be rescinded.

OTHER INFORMATION/REQUIREMENTS

Samples and/or Specifications as required

Bidders must send materials, marked with Company Name, Bid No. and Item No. on bid when bidding on or equal items. These must be received prior to bid opening.

OTHER: List Price for Specialized Services

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Submission Instructions for Suppliers

Please follow these instructions to submit via our Public Portal.

1. Prepare your submission materials:

Requested Information

Name Type # Files Requirement Instructions

RFB-RC-2025-

041 - Legal

Process

Services (BT-

13JS)

BidTable:

Excel (.xlsx) 1 Required

You will need to fill out the provided

Response

Template for this BidTable.

The Response

Template can be downloaded from the project listing on the Bonfire portal.

Statement of

Disclosures

File Type: PDF

(.pdf) 1 Required

Valid NYS

Wkm's

Compensation and NYS

Disability

Certificates or

Attestation of

Exemption

File Type: PDF

(.pdf) 1 Optional

Valid

Certificate of

Liability

Insurance (see

File Type: PDF

(.pdf) 1 Optional

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Name Type # Files Requirement Instructions sample certificate which identifies the coverage and limits required as well as sample language to name the

County of

Rockland as additionally insured)

Certificate of

Experience

File Type: PDF

(.pdf) 1 Required

Commodity Codes

Commodity Set Commodity Code Title Description

NIGP 96147

Law Enforcement

Services, Including

Process Server

Services

Requested Documents:

Please note the type and number of files allowed. The maximum upload file size is 1000 MB.

Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Requested BidTables:

The BidTable Response Templates can be obtained at https://rocklandgov.bonfirehub.com/opportunities/179289.

Please note that BidTables may take a significant amount of time to prepare.

2. Upload your submission at:

https://rocklandgov.bonfirehub.com/opportunities/179289

Your submission must be uploaded, submitted, and finalized prior to the Closing Time of May 22, 2025 3:00

PM EDT. We strongly recommend that you give yourself sufficient time and at least ONE (1) day before

Closing Time to begin the uploading process and to finalize your submission.

Important Notes:

Each item of Requested Information will only be visible after the Closing Time.

Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed.

You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

Minimum system requirements: Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.

Need Help?

Rockland County uses a Bonfire portal for accepting and evaluating proposals digitally. Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. You can also visit their help forum at https://vendorsupport.gobonfire.com/hc/en-us mailto:support@gobonfire.com https://vendorsupport.gobonfire.com/hc/en-us

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

RECEIPT CONFIRMATION FORM

PLEASE COMPLETE AND RETURN THIS CONFIRMATION FORM

WITHIN 5 WORKING DAYS OF RECEIVING BID PACKAGE TO:

PAUL J. BRENNAN, FNIGP, CPPO

Director of Purchasing, Department of General Services County of Rockland Sanatorium Road, Bldg. A, Pomona, NY 10970 Tele. (845) 364-3820 Fax: (845) 364-3809 Email: Purchasing@co.rockland.ny.us

Failure to return this form may result in no further communication or addenda regarding this Bid.

Company Name: ________________________________________________________________________

Address: ______________________________________________________________________________

City: ______________________________________________ State: _________ Zip Code: ________

Contact Person: _________________________________________________________________________

Phone Number: ______________________________EXT:_____ Fax Number: ______________________

Email: _____________________________________

I have received a copy of the above noted BID.

We will be submitting a Bid

We will NOT be submitting a Bid – (please indicate reason)

Signature: __________________________________________________________________

Title: __________________________________________________________________

If a bidders meeting has been arranged for this Bid, please indicate if you plan to attend: Yes / No

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

PURCHASES BY OTHER

LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND NON PROFIT AGENCIES

As per the New York State General Municipal Law, all political subdivisions of New York State are allowed to make purchases through the resulting contract(s). As per Rockland County Procurement Policy, Non Profit

Agencies approved to participate in New York State’s Contract Extension Program are authorized to make purchases through the resulting contract(s).

1. The County of Rockland shall make all contract award information available to other political subdivisions and non profit agencies through our website: www.rcpurchasing.com

2. Any other political subdivision or Rockland County non profit agency will issue purchase orders directly to vendors within the specified contract period referencing the County’s contract and shall be liable for any payments due on such purchase orders; and shall accept sole responsibility for any payment due.

3. All purchases shall be subject to audit and inspection by the other political subdivisions and Rockland County non profit agencies for which the purchase was made.

4. No officer, board or agency of a county, town, village, or school district shall make any purchase through the

County when bids have been received for such purchase by such officer, board or agency, unless such purchase may be made upon the same terms, conditions and specifications at a lower price through the County.

5. All Bidders shall be on notice that as a condition of the award of a County contract, the successful bidder shall accept the award of a similar contract with any other political subdivision in New York State and Rockland

County non profit agencies authorized to use New York State’s contracts, if called upon to do so. A listing of approved Rockland County non profit agencies is available on the Purchasing Division’s website at www.rcpurchasing.com. The County, however, will not be responsible for any debts incurred by the participants pursuant to this or any other agreement.

6. Necessary deviations from the County’s specifications in the award of a participant contract, whether such deviations relate to quantities, or delivery points shall be resolved between the successful bidder and the other political subdivisions and Rockland County non profit agencies.

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

SPECIFICATIONS

1. SCOPE

1.1. The purpose of this Request for Bid (RFB) is to inform contractors of a potential business opportunity to provide legal process services on a statewide and out of state basis for the County of Rockland. The resulting contract will be utilized by various agencies within Rockland County. The successful bidder must possess knowledge of the applicable service of process provisions under New York Law including, but not limited to, the following: Civil Practice Law and Rules; Surrogate’s Court Procedure

Act; Family Court Act; Mental Hygiene Law; Social Services Law; Real Property Tax Law; and Real

Property Actions and Proceedings Law; Estates, Powers and Trust Law.

1.2. Awarded contractor must have the capacity to personally serve multiple emergency papers in Rockland

County and adjacent counties within one (1) calendar day including Saturday, if needed.

1.3. Awarded contractor must have the ability to serve papers in non-adjacent counties in other states with reasonable diligence.

1.4. Affidavits of Service must be provided promptly after service as directed by each authorizing department.

1.5. Awarded contractor must have the ability to verify addresses when necessary, provide Affidavits of

Due Diligence when necessary and give testimony at any hearing to determine the propriety of service of process at no additional charge.

1.5.1. The Department of Social Services requires an Affidavits of Due Diligence in every case.

1.6. Contractor must have fax and email capabilities. All costs for mailing, faxing, copying, etc. will not be reimbursed separately. These costs are considered to be included in the delivery fee rates.

1.7. The Contractor must bill each Department and each Division individually for the use of the services.

1.8. There must be only one (1) service of process charge for multiple papers delivered to the same person unless these papers require multiple affidavits, in which case, if filing the affidavits, a charge of one-half (1/2) the rate will be made for the second and each additional affidavit.

1.9. For each additional paper served on another party at the same address and at the same time, the service of process charge must be one-half (1/2) the rate. If serving multiple papers to each person, paragraph

1.8 will apply.

1.10. The County of Rockland typically spends between $25,000.00-$35,000.00 a year on process service.

Service categories and locations vary depending on the need of the using Department.

1.10.1. Service Locations include within Rockland County, outside Rockland County, within NYS and

Outside of NYS. The awarded contractor may be required to provide process services nationally and must maintain nationwide affiliations.

1.11. Definitions for this solicitation

1.11.1. Calendar Days - Must include Monday through Saturday only, not Sunday.

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

1.11.2. Process of Service Fees – Process Service Fees must be an all-inclusive fee, per person served and not based on the number of locations visited or the number of visits to each location required for service.

1.11.3. In-Hand Service - Hand the papers to the person and keep making attempts until you find the person and serve him/her.

1.11.4. Standard / Basic Service – Must be defined as service occurring within four (4) calendar days and not more than seven (7) calendar days, including the day received. Saturday must be used for calculating days for billing. Substituted Service (i.e., suitable age and discretion) is acceptable if authorized by requesting department.

1.11.4.1. Standard / Basic Service must result in the actual service of the summons/petition/subpoena or in an Affidavit of Due Diligence (but only if authorized by requesting department). The

County needs either an Affidavit of Service or an Affidavit of Due Diligence (if authorized by requesting department) on any and all attempts of service.

1.11.5. Rush Service – Rush Service will be service occurring within three (3) calendar days from the date of receipt. Contractor must be available to pick-up a rush service from the County office requesting the service or receive via email within a maximum of one (1) hour. Saturday must be used for calculating days for billing.

1.11.6. Immediate / Same Day Service – Immediate Same Day Service will be defined as service occurring within same calendar days including the date of receipt. Contractor must be available to pick-up an immediate/same day service from the County office requesting the service or receive via email within a maximum of one (1) hour.

1.11.7. Affidavits of Due Diligence – Affidavit of Due Diligence will be paid only when approved in advance in writing by the requesting department. To be paid, efforts to obtain good service must have been demonstrated, which include but are not limited to: multiple attempts (at different times of day), contacts with neighbors or management office (if appropriate), etc. If you determine that the person to be served does not reside at the address provided, you MUST contact the requesting department to obtain an updated or correct address.

1.11.7.1. In all cases requesting personal service in connection with a Child Support or Paternity case in the Family Court, an ORIGINAL affidavit of service or affidavit of attempted service must be forwarded to the Child Support Unit of the Rockland County Department of Social Services as soon as practicable but in no case less than five business days before the return date. If an affidavit of attempted service is provided, the affidavit must recite, in detail all attempts at service including efforts to locate the subject. It is expected that at least three efforts to serve will be made in every case, at varying times of day and days of the week, including after 6

PM.

1.11.8. Handling Fee - A nominal fee in the amount of $25.00 may be charged for an attempt of service on a bad, incorrect or changed address. Quantities listed on the bid table for this service are based upon the annual average, however they can be greater or less than specified.

1.11.9. Flat fee for service at a hospital/psychiatric facility which includes wait time – A flat fee should be provided for any process service to be carried out at a hospital or psychiatric facility that may involve wait time for patient access.

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

1.12. The quantities listed on the proposal pages are estimates only. Actual quantities may be more or less depending on the need of the County. Services will be requested via Purchase Order by the ordering

Department on an as needed basis. A Department my issue a Blanket Purchase Order to be used on an as needed basis. The issuance of a Blanket Purchase Order is not a guarantee of service.

2. GENERAL REQUIREMENTS

2.1. Contractor must provide the names, addresses and contact information for at least three (3) municipalities or firms your company performed processes services for a minimum period of one year

See Certificate of Experience. The information provided must be accurate and up to date.

2.2. The Contractor must be familiar with and comply with all statutory requirements for the service of papers, including any licensing, permit, and bonding requirement in the jurisdiction where the papers are to be served.

2.3. The County of Rockland reserves the right to use other local law enforcement agencies when available.

2.4. The County of Rockland also reserves the right to use other means for process serving outside the New

York Metropolitan area when it can be determined it will be in the best interest of the County.

2.5. Service of papers on individuals or corporate entity must be affected within the time frame indicated for each paper or as requested by the using Department.

2.6. Affidavit of Services must be delivered back to the requesting Department by the next business day after service is completed or at least two (2) days prior to the scheduled court date for non-rush service, depending upon the needs of the requesting department. Fax/Email copies of the Affidavits may be acceptable as authorized by the using department. Affidavits must be filed with the affiliate court upon request of the department. Contractor must not charge for the e-filing of court affidavits.

2.6.1. Detailed reports must be provided to the requesting Department of its efforts and the results thereof, including Affidavits of Service.

2.6.2. In all cases requesting personal service in connection with a Child Support or Paternity case in the

Family Court, see 1.11.7.1.

2.7. Contractor is subject to and must abide by the confidentiality provisions of the Social Services Law and

Mental Hygiene Law of the State of New York.

2.8. Service must be made in accordance with NYS Law including Civil Practice Law and Rules.

2.9. Contractor must comply with all requirements of the NYS Court System for effectuation and proof of service.

2.10. The Contractor must supply a valid fax number and email address for the submission of service packet(s).

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

2.10.1. The using Department must submit the required number of service packets to the Contractor via fax or email.

2.10.1.1. The Contractor must be responsible for all additional photocopying of service packet(s), including any summonses, description sheets, petitions, earning statements, financial affidavits, other forms or documentation included in the packet(s).

2.10.1.1.1. The contractor must not invoice separately for the cost of copying and/or cost of regular or express mail. The Contractor must be responsible for all follow-up mailings at no additional cost to the County. These charges must be inclusive in the fee schedule bid for the service categories itemized on the proposal pages.

2.10.1.1.2. The Contractor will be responsible for all postage costs related to service, including follow-up mailing. The fee charged for service of summons packets will be an all-inclusive fee, per person serviced, and not based on the number of locations required for service. Additionally, mileage will be included in the service fee charge.

2.10.1.2. Service of several different legal paper to one individual at the same time must be deemed one service. Additionally, mileage costs will be included in the service of process fee charge.

3. E-MAIL ADDRESS / EMERGENCY CONTACT INFORMATION

3.1. Contractor to include company e-mail address and indicate any web site(s) if applicable. Contractor must provide a 24 hour seven (7) day emergency contact and phone for after hours.

3.1.1. E-Mail ______________________

3.1.2. Web Site ____________________________

3.1.3. Contact ______________________

3.1.4. Phone Number ______________________

3.1.5. Fax Number ______________________

3.1.6. Emergency Contact: __________________

3.1.7. Emergency Contact Phone: ______________

PRICING FOR SERVICE AREAS AND CATEGORIES REQUIRED

3.2. The County of Rockland is requesting Service Fee pricing to provide process service in the areas and categories listed on the cost proposal pages.

3.2.1. Bidder must enter the Service Fee pricing as detailed on the cost proposal pages.

3.2.1.1. Bidder must provide a % Discount off of current price list for standard services not specifically itemized on the cost proposal pages. If no discount is offered bidder must enter 0.

3.2.1.1.1. Discount must be added on the bid table as a whole, ie: 10% of 1000 must be entered as .10.

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

3.2.1.2. Bidder must submit a current price list that will cover standard services (include investigative services & Skip Tracing) not specifically itemized on the cost proposal pages. The price list must be valid for the 1st term of this contract. Bidder may provide an updated price list upon renewal of the contract should the option year be exercised. The price must not exceed the

Consumer Price Index (CPI) for the previous 12 months.

3.2.1.2.1. Should special services not specifically itemized on the proposal pages or the standard service price list be required by a requesting Department, bidder must provide a detailed scope of services and provide a written quote to the requesting Department for review and approval.

3.2.2. There will be no charge for filing affidavits via e-file with any court, should this option be available. Invoices containing fees for court filing of affidavits must provide proof of in-person filing.

3.2.2.1. E-Filing is not available yet in Family Court. A hard copy, original of Affidavits of Service or Affidavits of attempted services will be required.

3.3. All invoices must be in accordance with the Service Fee pricing submitted on the cost proposal pages and provide detailed description of the service provided

3.4. Bidder will not perform work without the receipt of an executed Purchase Order issued by the Director of Purchasing.

4. AWARD

4.1. Bid will be awarded to the lowest responsive responsible bidder meeting the stated requirements.

Bidders must submit pricing for all line items to be considered for award. Bids received without all line items being completed must be removed from bid award consideration.

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

INSURANCE: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES

INDEPENDENT CONTRACTOR: The CORPORATION / CONTRACTOR/ AGENCY / CONSULTANT, is an independent contractor and covenants and agrees that it, its agents, servants and/or employees, will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the COUNTY, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the COUNTY including, but not limited to, Worker’s Compensation coverage, unemployment insurance benefits, Social Security Coverage or retirement membership or credit.

ROCKLAND COUNTY’S INSURANCE REQUIREMENTS:

GENERAL LIABILITY: Prior to commencing work, the CONTRACTOR or CONSULTANT must, at its/his/her own cost and expense, procure and maintain insurance to cover his/her/its work, services, employees, agents and servants under the terms of the contract or purchase order which must include, but not be limited to the coverage that is selected on the attached matrix. Insurance must be obtained from insurance companies licensed in the State of New York, carrying a Best’s financial rating of A or better. Upon failure to furnish, deliver and maintain such insurance, the agreement, contract award or purchase order may be declared suspended, discontinued or terminated or canceled. If at any time any of the policies required herein must be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy must be or become unsatisfactory to the County, the CONTRACTOR OR CONSULTANT must upon notice to that effect from the County, promptly obtain a new policy and submit same with a certificate for approval by the County.

Forced Placed Insurance. If CONTRACTOR OR CONSULTANT does NOT provide the County of Rockland with evidence of the insurance coverage required by this Agreement, the County may purchase insurance (at Contractor’s or Consultant’s sole expense) to protect the County’s interests. This insurance may, but need not, protect Contractor’s or Consultant’s interest. If the County purchases insurance under this Section, Contractor or Consultant will be responsible for the cost of that insurance, including interest and any other charges the County may impose in connection with the placement of the insurance, until the effective date of the cancellation or expiration of the insurance. The cost of insurance under this Section may be more than the cost of insurance that Contractor or Consultant may be able to obtain on its own.

In relation to purchases that are not a result of a County Bid, RFP or Contract; Vendors who cannot provide the coverage limits on the attached matrix may provide the County with an ACORD Certificate detailing the coverage limits they currently have in place and the County will review such certificates on a case-by-case basis to determine if sufficient coverage is in place in relation to the perceived risks associated with the proposed purchase.

COVERAGES – (SEE ATTACHED MATRIX)

An ACORD Certificate of Insurance will confirm that the required policies have been issued to the named insured; for the policy period indicated. The ACORD Certificate is to be provided to the County of Rockland within five (5) business days of notice of contract award or of notice of intent to issue a Purchase Order. Please NOTE: the Certificate of Insurance must be updated to give the County of Rockland immediate notice of the following:

1. Dilution of the limits of insurance shown on the Certificate of Insurance by more than 20% as a result of the payment of claims or expenses;

2. The downgrading of any insurer listed on the Certificate of Insurance by AM Best to less than an “A” rating;

3. The receipt, from any listed insurer, of a notice of cancellation before the expiration date thereof or non-renewal will be delivered in accordance with the policy provisions;

4. The receipt, from any listed insurer, of any failure of the named insured to comply with an insurance policy term or condition.

All Certificates of Insurance must be updated at least annually to remain valid.

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

The ACORD Certificate of Insurance must contain a Description of Operations and include any exclusions or special provisions added by endorsement that in any way restrict coverage. The Contract Number and/or Purchase Order Number and the name of the department requiring the insurance should be stated under the description. The description must also contain a statement to the effect that “The following are named as Additional Insured’s under General Liability and (if required) Automobile Liability, Excess Umbrella Liability, and Professional Liability (if applicable) on a primary basis, and on the broadest form available through the listed insurers with respect to this Contract or Purchase Order: The County of Rockland, its employees, elected officials and affiliated municipal entities. The signing authorized representative warrants that the insurance carrier(s) have been informed of and accepted the County of Rockland as an additional insured.

WORKERS COMPENSATION REQUIREMENTS UNDER WORKERS’ COMPENSATION LAW §57: The Vendor must procure, pay for, and maintain during the entire term of the contract such insurance as will protect both the owner and the vendor from claims under worker’s compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise from operations under this contract, whether such operations by the Vendor or by any other party directly or indirectly employed by the Vendor. Vendors must provide copies of the required certificate to the County of Rockland within five (5) business days of notice of contract award or of notice of intent to issue a Purchase Order.

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 participate in an authorized group self-insurance plan.

The Contractor must prove that they are in compliance with §57of the Workers Compensation Law (WCL) by providing ONE of the following forms indicating that they are:

• Insured Form C-105.2 or U-26.3 – (All private insurance carriers and their licensed insurance agents are authorized to use the Form C-105.2 as their Certificate of NYS Worker’s Comp Insurance. The State Insurance Fund uses the U-26.3 form as its Certificate of Workers Compensation Insurance). Upon obtaining a permit, license or contract from a government agency Employers must obtain this form from their private insurance carrier. Carriers and their licensed agents may contact the Board's Bureau of Compliance to obtain this form.

• Self-Insured Form SI-12 – Certificate of Worker’s Compensation Self-Insurance or Form GSI-105.2 Certificate of Participation in Worker’s Compensation Group Self-Insurance). Upon obtaining a permit, license or contract from a government agency. Board-approved self-insurers must obtain this form from Board's Self-Insurance Office.

• Exempt Form CE-200 – Certificate of Attestation of Exemption from NYS Worker’s Compensation Insurance) (Effective 12/1/08) Applicants for permits, licenses or contracts from State, county or municipal agencies in New York State that are not required to carry NYS workers' compensation and/or disability benefits insurance coverage.

These exemption forms can ONLY be used to attest to a government entity that an applicant requesting a permit, license or contract from that government entity is not required to carry NYS workers' compensation and/or disability benefits insurance.

The Vendor will send the appropriate forms to the Purchasing Division within five (5) business days of notification of contract award. All correspondence must contain the Solicitation Number and Title.

mailto:Certificates@wcb.ny.gov?subject=Obtaining%20a%20C-105.2%20Certificate

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

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.

The Vendor must prove that they are in compliance with Section 220(8) of the Workers Compensation Law (WCL) by providing ONE of the following forms indicating that they are:

• Insured Form DB-120.1 – Certificate of Disability Benefits Insurance (the businesses insurance carrier will send this form to the County upon request.

• Self-Insured Form DB-155 – Certificate of Disability Benefits Self-Insurance (the business calls the Board’s Self- Insurance Office at 518-402-0247).

• Exempt Form CE-200 – Certificate of Attestation of Exemption from NYS Worker’s Compensation and/or Disability Benefits Coverage.

The Vendor will send the appropriate forms to the Purchasing Division within five (5) business days of notification of contract award. All correspondence must contain the Solicitation Number and Title.

Please note that ACORD forms are NOT acceptable proof of New York State Workers Compensation or Disability benefits insurance coverage.

NY State Department of Labor requirements for Workmen’s Compensation and Disability forms. Online address:

http://www.wcb.ny.gov

EMPLOYERS LIABILITY with minimum statutory requirements

All policies of the Contractor or Consultant must be endorsed to contain the following clauses:

(a) Insurers must have no right to recovery or subrogation against the County of Rockland (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected must protect both parties and be primary coverage for any and all losses covered by the above-described insurance.

(b) The clause "other insurance provisions" in a policy in which the County of Rockland is named as an insured, must not apply to the County of Rockland.

All contractual insurance requirements in any contract between the Contractor or Consultant and the

County must contain the following clauses:

(a) The insurance companies issuing the policy or policies must have no recourse against the County of Rockland (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy.

(b) Any and all deductibles in the above described insurance policies must be assumed by and be for the account of, and at the sole risk of, the Contractor or Consultant.

SEE FOLLOWING PAGE FOR INSURANCE COVERAGE MATRIX

http://www.wcb.ny.gov/content/main/forms/AllForms.jsp

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

VENDOR CLASSIFICATION

CHECK APPROPRIATE BOX

Janitorial

Contracted

Consultant

Licensed Professional Consultant Services - Legal, Accounting, Architect & Engineers, Medical, Forensics, Environmental, Etc.

Public and School

Transport

Capital Construction Projects –Buildings, Roads, Water Treatment

Type of Insurance

A Commercial General Liability (CGL) Each Occurrence

General Liability $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000

Personal & Adv Injury $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000

Med. Expense Any One Person

$5,000 $5,000 $5,000 $5,000 $5,000 $5,000

Damage to Rented Premises $50,000 $50,000 $50,000 $50,000 $50,000 $50,000

General Aggregate $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000

Products-Comp / Op Aggregate

$2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000

B Auto Liability – Incl Bl and

PD (AL)

(2) (2) (2) (2) (2) (2)

Combined Single Limit per accident

Any Auto $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000

Or

All Owned $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000

All Hired $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000

All Non-Owned $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000

C Excess / Umbrella Liability

Each Occurrence $5,000,000 XXXXX XXXXX $1,000,000 $10,000,000 $10,000,000

Aggregate $5,000,000 XXXXX XXXXX $1,000,000 $10,000,000 $10,000,000

D Workers Compensation and Employers Liability

(3) (3) (3) (3) (3) (3)

E.L. Each Accident Statutory Statutory Statutory Statutory Statutory Statutory

E.L. Each Disease-EA Employee

Statutory Statutory Statutory Statutory Statutory Statutory

E.L. Disease-Policy Limit

E Disability Benefits (3) (3) (3) (3) (3) (3)

Each Employee Statutory Statutory Statutory Statutory Statutory Statutory

F Other-Professional Liability or errors and Omissions or Malpractice

(4) (4) (4)

Per Claim $1,000,000 $1,000,000 $1,000,000 (Sexual Abuse) School

Transportation only

Opt Owners and Contractors Protection

Each Occurrence $1,000,000

Aggregate $2,000,000

* All Other Insurance as Required by Law

Rockland County to be named as Additional Insured on these coverage’s

GL-AL-

EXCESS

GL-AL-

EXCESS

GL-AL GL-AL-PROFESSIONAL GL-AL-

EXCESS-

PROFESSIONAL

GL-AL-

EXCESS-OPT

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BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

(1) The per occurrence and Aggregate limits for specified coverage should apply on a per location or per project basis.

(2) Automobile Liability Coverage is required IF an automobile is used in the execution of their contract. A vendor using a third party for shipment or transport does not require Automobile Liability Insurance.

(3) An ACORD form is NOT acceptable proof of NYS Workers Compensation (WC) or Disability Benefits (DBL) Insurance coverage. For WC, secure form C-105.2 or U-26.3. For DBL, secure form DB.120.

Workers Compensation/Employers Liability, and NYS Disability are not required of: a) a business that is owned by one individual, is not a corporation, and does not have any other employees, b) a self-employed individual, c) an out of state employer with no NYS employees. IN EACH CASE, the employer must file Form CE-200, Certificate of Attestation of Exemption, with the NYS Workers Compensation Board certifying that they are not required to obtain NYS specific Workers Compensation Insurance or NYS statutory Disability Benefits.

(4) A consultant is someone who gives expert or professional advice. Consultants are ordinarily hired on an independent contractor basis. Therefore, the County is not liable to others for the acts or omissions of the consultant. A consultant is an individual who possesses special knowledge or skills and provides that expertise the County for a fee. Consultants help find and implement solutions to a wide variety of problems, including those related to business, marketing, manufacturing, strategy, organization structure, environmental compliance, health and safety, technology, and communications. Some consultants are self-employed, independent contractors who offer specialized skills in a certain field; other consultants work for large consulting firms, that offer expertise in a wide range of business areas; and still other consultants hail from academia. Specialists in various professional fields that work with the general public and have greater than average expertise in particular areas, for example lawyers, doctors, pharmacists and insurance agents, require additional coverage for someone who is injured as a result of their negligent acts or omissions. Therefore, Professional Liability Insurance is required if commercially available for your profession.

SAMPLE ACORD CERTIFICATES: Sample ACORD Certificates detailing the required insurance coverage are included in each Invitation to Bid or Request for Proposal. These are provided as for informational purposes only to County Vendors and their Insurance Brokers to assist you in obtaining the correct insurance required for County contracts. Please note that the attached certificates reflect the standard types and limits of insurance the County requires most often. The requirements of each proposal may differ in which case the proposal’s specific requirements must prevail. Please review the insurance requirements of your proposal carefully with your broker.

Exceptions: The limits shown in the matrix and samples will generally be required for service providers involved in low-risk activities. Higher limits may be required for service providers performing potentially high-risk activities.

PAGE: 18

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

INFORMATION TO BIDDERS

OBLIGATION OF BIDDERS

A Contractor must not plead misunderstanding or deception because of estimates of quantities, character, location, or other conditions surrounding the same. Permission will not be given to withdraw, or modify, or explain any proposal or bid after it has been opened.

The proposal must specify the costs, in the manner hereafter described for which the items will be supplied according to the specifications, together with a unit price for each of the separate items as called for. Any proposal must be deemed informal which does not contain prices set opposite to each of the several items for which there is a quantity exhibited in the itemized proposal.

AWARD OF CONTRACT

Award of contract will be made to the lowest responsible qualified bidder whose proposal must comply with all of the provisions required to render it formal. The County or the Director of Purchasing reserves the right to waive any informality or to reject any or all proposals and may advertise for new proposals, if the best interest of the county will be served. The County or the Director of Purchasing may require any or all bidders to present evidence of experience, ability and financial standing as well as a statement as to the equipment which the bidder will have available for the executing of this contract.

The county reserves the right to award this contract either on an item-by -item basis or as a total award of all items in combination.

The Director of Purchasing reserves the right to reject a materially or mathematically unbalanced bid or to make "NO AWARD" on individual listings or sub-items if individual bid prices are deemed to be unbalanced or excessive or if an error in the solicitation becomes evident. In such case, ranking and evaluation of bids may be made on remaining items.

Award may be made on the remaining items. The acceptance or rejection of an unbalanced bid must be at the sole discretion of the County.

INSURANCE & BONDS

The bidder whose proposal is accepted will be required to furnish bonds and evidence of insurance within five days from date of Notice of Award. In case of failure or refusal on the part of the bidder to furnish bonds, if required, within the set period, the amount of deposit may be forfeited to the county and the contract may be awarded to the next lowest responsible bidder. Upon the notification of award and approval of the bond, the deposit will be returned to the proposer. The deposit of persons other than the one to whom and award is made will be returned to the person or persons making the proposal immediately after the contract and bonds have been executed.

NONRESTRICTIVE USE OF BRAND NAME OR EQUAL SPECIFICATIONS

The use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and are not intended to limit or restrict competition.

FORM OF PROPOSAL

All proposals must be made upon forms furnished by the Director of Purchasing of the County of Rockland and must be contained in sealed envelopes addressed to PAUL J. BRENNAN, CPPO, Director of Purchasing, County of Rockland, DGS

- Purchasing, Bldg. A, 6th Floor, 50 Sanatorium Road, Pomona, NY 10970. Form of proposal as issued by the county must be completely filled in, in ink or typing. No bid will be accepted which contains any changes, additions, omissions or erasures.

EXPERIENCE

Bidder must submit with the proposal a Certificate of Experience for the past three (3) years. Certificate of Experience is included in these documents, if applicable.

PAGE: 19

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

INFORMATION TO BIDDERS cont’d

EXCULPATORY CLAUSE

The Contractor agrees to make no claim for damages for delay in the performance of this contract occasioned by any act or omission to act of the County or any of its representatives, and agrees that any such claim must be fully compensated for by an extension of time to complete performance of the work as provided herein.

AMERICANS WITH DISABILITIES

“The County of Rockland is committed to full compliance with the Americans with Disabilities Act. To that end, the County is committed to creating an accessible environment for all. To request accommodations that you may require, please call Ann Marie Curley at (845) 364-3820. Please request these accommodations four (4) business days in advance so that we can seek to meet your needs.”

NOTICE TO BIDDER

APPENDIX A

Appendix A, General Terms and Conditions for Department of General Services Purchasing Division Contracts, a separate attachment to this solicitation, is hereby expressly made a part of this Bid Document as fully as if set forth at length herein. Please retain this document for future reference.

Bidders must download, read, and acknowledge acceptance of Appendix A on the proposal page.

PAGE: 20

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

VENDORS NAME: _______________________________________________________________________

NON-BIDDER’S RESPONSE

For the purpose of facilitating your firm’s response to our invitation to bid, the County of Rockland is interested in ascertaining reasons for prospective bidder’s failure to respond to “Invitations to Bid”. If your firm is not responding to this bid, please indicate the reason(s) by checking any appropriate item(s) below and return this form to the above address.

We are not responding to this “Invitation to Bid” for the following reason(s):

_____ Items or materials requested not manufactured by us or not available to our company.

_____ Our items and/or materials do not meet specifications.

_____ Specifications not clearly understood or applicable (too vague, too rigid, etc.).

_____ Quantities too Small.

_____ Insufficient time allowed for preparation of bid.

_____ Incorrect address used. Our correct mailing address is: _____________________________

_____ Our branch / division handles this type of bid. We have forwarded this bid on to them but for the future the correct name and mailing address is: _______________________________________

_____ OTHER: _____________________________________________________________________

Thank you for your participation in this bid.

PAGE: 21

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

ALL QUESTIONS PERTAINING TO THIS SOLICITATION MUST BE

SUBMITTED IN WRITING.

(PLEASE USE THIS FORM AND TELEFAX TO 845-364-3809 TO THE ATTENTION OF PAUL, J.

BRENNAN, DIRECTOR OF PURCHASING. WE WILL RESPOND AS SOON AS POSSIBLE.)

DATE: ____________

Vendor Name: _________________________________________

Telephone No.: ___________________ Fax No.: _____________

Email Address: _________________________________________

PAGE: 22

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

STATEMENT OF REQUIRED

DISCLOSURES, REPRESENTATIONS AND CERTIFICATIONS

Note: ALL Sections on the following pages must be completed and this Statement must be signed before a Notary

Name of the Reporting Entity:

Address: ________________________________________________________________

Remit to Address if different from above:

FID No.: _________________________________

Name of Individual Completing this form: ____________________________________

Title/Position: ____________________________________________________________

Telephone Number: (_________)______________________

Telefax Number:__ _________________________________

EMAIL address: _____________________________________________________________________

EMAIL address for Purchase Orders to be emailed (this is mandatory)

SIGNATORY FIRST & LAST NAME _____________________________________________________

SIGNATORY TITLE ___________________________________________________________________

PAGE: 23

BLDG. A., 6TH FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

Section A. AFFIDAVIT OF NON-COLLUSION (This form must be included with bid package and initialed)

I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm.

I further attest that:

1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder.

2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so…