RFP-2684 Insurance for Chemung County Nursing Facility.pdf

RFP-2684 Insurance for Nursing Facility Page 1 of 31 8/20/2024

CHEMUNG COUNTY

REQUEST FOR PROPOSALS

RFP- 2648

Insurance for Chemung County Nursing Facility

Submitted by Chemung County Purchasing Department, 203 Lake Street, Elmira, NY 14901 08/19/2024

RFP-2684 Insurance for Nursing Facility Page 2 of 31 8/20/2024

Chemung County-City of Elmira Purchasing Department John H. Hazlett Building – 2nd Floor

203 Lake Street, PO Box 588 Elmira, NY 14901

PH: 607-737-3577 FX: 607-737-2073

NOTICE IS HEREBY GIVEN, that sealed proposals are sought and requested by the County of Chemung for the performance of the following professional contract:

RFP-2684 INSURANCE FOR CHEMUNG COUNTY NURSING FACILITY

Proposals must be submitted electronically via the Empire State Bid System website at www.bidnetdirect.com/new-york until 1:45 P.M. on October 3, 2024. Please refer to page three (3) of the bid document, Electronic Proposal Submission Procedures, for further instructions on submitting your bid electronically.

Any proposal received after 1:45 P.M. on the due date will not be considered.

The County of Chemung reserves the right to reject any and all proposals submitted and to waive any informality.

Proposals must be made on and in accordance with the proposal documents and specifications for said contract.

Proposal documents may be obtained on or after August 29,2024 online at www.empirestatebidsystem.com.

Vendors must first register for either the free service or the paid service at that site. The paid service is not required to obtain County or City bids or to submit your proposal electronically. After registration, click on Chemung County/City of Elmira from the list of participating agencies; click on the title of the bid or search the NIGP codes.

Copies from any other source are not considered official copies. Only those proposers who obtain bidding documents from the Empire State Purchasing Group are guaranteed to receive addendum information, if such information is issued. Please note that if you choose a free subscription, you must visit the website up until the response deadline for any addenda.

If you have obtained this document from a source other than the Empire State Purchasing Group, it is recommended that you obtain an official copy by registering with this service.

By:

Nina Wells Contract Service Manager for Chemung County

Inserted in the Star Gazette: August 29,2024 Inserted in the Morning Times: August 29,2024 Inserted in the NYSCR: August 29,2024 http://www.bidnetdirect.com/new-york http://www.empirestatebidsystem.com/

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ELECTRONIC PROPOSAL SUBMISSION PROCEDURES

Required proposal documents must be uploaded and received on the date and time specified in the official notice online via the Empire State Purchasing Group at www.bidnetdirect.com/new-york. You will receive a time and date validation once your proposal has been uploaded and processed. Electronic proposal submissions received after the specified deadline will not be considered.

Complete and upload all required forms as one single pdf document with your proposal submission.

The Proposal Submission Form Regret Letter (If No Bid) Vendor Certification Form Non-Collusion Form Waiver of Immunity Iranian Energy Divestment Certification Certification on Sexual Harassment Documentation Required by Specifications

All forms must be signed and witnessed according to the bid document instructions.

Proposer is solely responsible for ensuring their responses are received on time

Chemung County will not be held responsible for the inadvertent release of any information, nor should it take responsibility for information that may be misdirected.

Below is a link of a recording on how to upload your submission:

https://recordings.join.me/JY5VeM5b0kmY6_2UnAofYA

It is important that your submission be uploaded, submitted, and finalized prior to the bid submission due date. Uploading large documents may take significant time, depending on the size of your file and your internet speed, therefore we strongly recommend that you give yourself sufficient time and at least one (1) day before closing time to begin uploading your documents and to finalize your submission.

You will receive confirmation that your submission was finalized.

Please note: The maximum file upload size is 2 GB and there is no limit to the number of files you can upload.

Please contact Empire State Bid System vendor support for any technical questions related to your submissions at 1-800-835-4603 Press Option #2.

Minimum System Requirements: Google Chrome is recommended.

http://www.bidnetdirect.com/new-york https://recordings.join.me/JY5VeM5b0kmY6_2UnAofYA

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INFORMATION FOR PROPOSERS for RFP-2684 INSURANCE FOR CHEMUNG COUNTY NURSING

FACILITY

SECTION 1 - CONDITIONS OF WORK

The Owner may consider informal any proposal not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any or all proposals. Any proposal may be withdrawn prior to the scheduled time for the opening of proposals or authorized postponement thereof. Any proposal received after the time and date specified will not be considered. No proposal may be withdrawn within forty-five days after the proposal due date.

Proposals delivered prior to the day the proposals are due will be deemed received upon the day of the actual opening of the proposals and will be retained in the interim only as a courtesy to the Proposer.

1.01 Specifications or Scope of Work: See Section 1.02

1.02 Commencement of Work: Upon execution and delivery of the Contract and insurance certificates by the Contractor to the Owner and the approval thereof by the Owner’s attorney, the Contractor will be notified to proceed with the work of the Contract.

1.03 Taxes: The County of Chemung is a municipal corporation and is exempt from all sales tax.

1.04 Contractor’s Insurance: The Proposer, at their own expense, shall procure and maintain, until final acceptance by the Owner of the work covered by the Contract, insurance for liability for damages imposed by law of the kinds and in the amounts hereinafter provided in insurance companies authorized to do such business in the State covering all operations under the Contract whether performed by the Contractor or by sub-Contractors. Before commencing the work, the Contractor and each sub-Contractor shall furnish to the Owner one duplicate original policy together with two certificates of insurance for each of the kinds of insurance required satisfactory in form to the Owner showing that the Contractor and each sub-Contractor has complied with this Section. The policies and certificates shall provide that the policies shall not be changed or cancelled until 15 days after written notice to the Owner.

Owner is to be named as an additional insured on a primary basis on all policies including completed operations with the exception of workers’ compensation and a certificate of insurance will be provided within 48 hours of request by owner. All certificates of insurance will provide 30 days’ notice to owner of cancellation or non-renewal.

Contractor waives all rights of subrogation against owner and will have all policies endorsed setting forth this waiver of subrogation.

All insurance coverages required to be purchased and maintained by the Contractor under this Agreement shall be primary for the defense and indemnification of any action or claim asserted against the Owner and/or the Contractor for work performed under this agreement, regardless of any other collectible insurance or any language in the insurance policies that may be to the contrary.

The kinds and amounts of insurance are as follows:

A. PROFESSIONAL LIABILITY INSURANCE: In satisfaction of the insurance requirements of this Agreement, CONTRACTOR is required to procure and maintain PROFESSIONAL LIABILITY INSURANCE in the sum of at least ONE MILLION DOLLARS ($1,000,000.00) and GENERAL LIABILITY INSURANCE IN THE SUM OF

AT LEAST ONE MILLION DOLLARS ($1,000,000.00)

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CONTRACTOR is further required to furnish copies of proof of said coverages in Certificates of Insurance naming the COUNTY as an additional insured with respect to the general liability policy. These Certificates of Insurance must include the term of this Agreement or CONTRACTOR shall, on or before thirty (30) days of the expiration date of the above insurance, provide the COUNTY with a Certificate of Insurance with the same coverage for the balance of the term of this Agreement.

Any required insurance will be in companies authorized to do business in New York State, covering all operations under this Agreement, whether performed by the CONTRACTOR or by subcontractors.

All insurance coverage required to be purchased and maintained by the CONTRACTOR under this agreement shall be primary for the defense and indemnification of any action or claim asserted against the COUNTY and/or the CONTRACTOR for work performed under this Agreement, regardless of any other collectible insurance or any language in the insurance policies which may be to the contrary.

Should the Contractor’s insurance be written on claims made basis, the CONTRACTOR agrees to maintain coverage for claims arising from services rendered during the term of this Agreement, but submitted after the termination of this Agreement. If necessary, CONTRACTOR will purchase “tail coverage” to meet the financial obligation of this Agreement and instruct its insurer to send the County a Certificate of Insurance as evidence of the coverage required by this paragraph.

B. AUTOMOBILE INSURANCE: Automobile public liability and property damage insurance covering all claims against the Contractor, each sub-Contractor and the Owner, as a result of work under the Contract, shall be provided by the Contractor in the following amounts:

COMBINED SINGLE LIMIT OF $ 1,000,000.00

C. STATE PROVISIONS - WORKERS’ COMPENSATION: Pursuant to Section 108 of the General Municipal Law, it is stipulated that the Contractor shall at all times during the life of this Contract provide adequate Workers’ Compensation at his own cost and expense, and this Contract shall be void and of no effect unless the said Contractor shall secure compensation for the benefit of, and keep insured during the life of said Contract, such employees in compliance with the provisions of Chapter 41 of the Laws of 1914, as amended.

1.05 Indemnification Clause: The Contractor agrees to defend, indemnify and hold harmless the County, its officers and agents, against all liability, judgments, costs, and expenses upon any claims arising from the negligence of the Contractor, its agents, officers or employees, in performing the work under this Agreement.

1.06, 1.07, 1.08, 1.09 Not Applicable

1.10 Executory Clause: It shall be understood by and between the parties that this agreement shall be deemed executory to the extent of the monies available to the County of Chemung for said purposes and no liability on account thereof shall be incurred by the County of Chemung beyond monies available for said purposes.

Cancellation: This Contract may be terminated by the County of Chemung, with written notice being given to the Contractor 30 days prior to cancellation and said agreement shall be null and void and have no further effect 30 days after the Contractor’s receipt of said written notice from the County.

1.11 Contractor Status: The relationship of the Contractor to the County of Chemung shall be that of an independent contractor.That the said Contractor in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself in accordance with such status, that it will neither hold itself out as nor claim to be an officer or employee of the County of Chemung by reason thereof and that it will not by reason thereof, make any claim, demand, or application to or for any rights, or privilege applicable to an officer or

RFP-2684 Insurance for Nursing Facility Page 6 of 31 8/20/2024 employee of the County of Chemung, including but not limited to Workers’ Compensation coverage, unemployment insurance benefits, Social Security coverage or retirement membership or credits.

1.12 Pertaining to General Municipal Law: The Contractor shall agree that Sections 103-a and 103-b of the General Municipal Law relative to ground for cancellation of Contract by municipal corporation, and disqualification to contract with municipal corporations, are made part hereof as though fully set forth herein.

1.13 Specification Discrepancy: Should a discrepancy be found in, or omissions from the specifications, requirements for contract, or bid proposal form, or should the bidder be in doubt as to their meaning, they shall at once, no later than seven days prior to submission of Proposal, notify the Purchasing Director in writing who will send written Addenda to all bidders where necessary. The County of Chemung will not be responsible for any oral instructions.

1.14 Assignment and Subletting: The Contractor shall not assign, transfer, sublease, pledge, hypothecate, surrender, or otherwise encumber or dispose of this Contract or any estate created by this Contract, or any interest in any portion of the same, or permit any other person or persons, company or corporation to perform, without the written consent of the County first being obtained.

1.15 Non-waiver: Any waiver of any breach of covenants herein contained to be kept and performed by Contractor shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same condition or covenant or otherwise.

1.16 Default: Provided always, these entire agreements are upon this condition, that if the Contractor shall fail or neglect to do or perform or observe any of the covenants contained herein on its part to be kept and performed and such failure or neglect shall continue for a period of not less than seven (7) days after the County has notified Contractor in writing of Contractor's default here-under and the contractor has failed to correct such default within said seven (7) days, or if Contractor shall be declared to be bankrupt or insolvent according to law, or if any assignment of its property shall be made for the benefit of creditors, then in either of said cases or events, the County, or those having its estate in the premises, lawfully may, at its option, immediately or at any time thereafter without demand or notice, cancel the whole and expel Contractor and those claiming by, through or under Contractor, and remove Contractors and their effects, if any, forcibly if necessary, without being deemed guilty of trespass and without prejudice to any remedy which otherwise might be used.

1.17 Rejection or Acceptance: The right is reserved by the County to waive any irregularities or informalities in any proposal, to reject any or all proposals, to re-advertise for proposals if desired, and to accept the proposal which, in the judgment of the County is deemed the most advantageous for the public and the County. Any proposal which is incomplete, conditional, obscure, or which contains additions not called for, or irregularities of any kind, may be cause for rejection of the proposal. In the event of default of the successful applicant, or his refusal to enter into a contract with the County, the County reserves the right to accept the proposal of any other applicant without necessity of re-advertisement.

1.18 License Requirement: Contractor shall agree to maintain continuously applicable state, county, city and federal licenses. The County of Chemung reserves the right to investigate thoroughly the finances, character, experience and record of each proposer and the final award will consider these aspects with the actual proposal.

The company submitting the proposal shall fully cooperate in providing information necessary to facilitate the investigation herein stated above.

1.19 Contract Period: See Specifications/Scope of Work Section 1.02.

1.20 Limitations to Liability: Chemung County does not assume responsibility or liability for costs incurred by proposers responding to the Request for Proposal (RFP) or to any subsequent requests for interviews, additional data, etc.

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1.21 Equal Opportunity Employment: Attention of Proposers is particularly called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of their race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition, carrier status or marital status.

1.22 Compliance with Law: The Contractor/Proposer agrees to comply with and fulfill all laws, orders, ordinances, rules and requirements of Federal, State, City, County or other applicable governmental authority; all applicable OSHA and New York State Labor rules, regulations, and statutes. Chemung County is a Municipal Separate Storm Sewer System (MS4) entity, and its MS4 operators together with third party entities are required to meet the storm water discharge regulations of its Storm Water Management Plan (SWMP). The bidder is advised it is unlawful for any person to directly or indirectly cause or contribute to a violation of water quality standards.

1.23 Iranian Energy Sector Divestment:

1. Contractor/Proposer hereby represents that said Contractor/Proposer is in compliance with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said Contractor/Proposer has not:

(a) Provided goods or services of $20 Million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or

(b) Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

2. Any Contractor/Proposer who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3)(b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law.

3. Except as otherwise specifically provided herein, every Contractor/Proposer submitting a bid/proposal in response to this Request for Bids/Request for Proposals must certify and affirm the following under penalties of perjury:

(a) “By submission of this bid, 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 its knowledge and belief, that each bidder is not on the list created pursuant to NYS Finance Law Section 165-a (3)(b).”Chemung County will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law.

4. Except as otherwise specifically provided herein, any Bid/Proposal that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the Bidder/Proposer cannot make the certification as set forth in subdivision (a) above, the Bidder/Proposer shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons therefore. The County reserves its rights, in accordance with General Municipal Law Section 103-g to award the Bid/Proposal to any Bidder/Proposer who cannot make the certification, on a case-by-case basis under the following circumstances:

(1) The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

(2) The County of Chemung has made a determination that the goods or services are necessary for the County to perform its functions and that, absent such an exemption, the County of Chemung would be unable to obtain the goods or services for which the Bid/Proposal is offered. Such determination shall be made by the County in writing and shall be a public document.

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1.24 NEW YORK STATE SEXUAL HARASSMENT LAWS

By submission of this Proposal, each proposer and each person signing on behalf of any proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that the proposer has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the NYS labor law. A model policy and training has been created by the NYS Department of Labor and can be found here:

https://www.ny.gov/programs/combating-sexual-harassment-workplace.

https://www.ny.gov/programs/combating-sexual-harassment-workplace

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CHEMUNG COUNTY STANDARD INSURANCE REQUIREMENTS

Prior to commencement of work, delivery of services, acquisition of merchandise or equipment a Certificate of Insurance and a policy endorsement covering items A, B & C must be delivered to the County Department responsible for the agreement, and to the County Attorney. A Certificate of insurance may be used to show coverage only.

ITEMS:

A. Chemung County, 203 Lake Street, PO Box 588, Elmira, N.Y., 14902-0588 shall be named as an additional insured (for the purposes of coverage but not the payment of premium).

B. ACKNOWLEDGEMENT: The insurance companies providing coverage acknowledge that the named insured is entering into a contract with Chemung

County in which the named insured agrees to defend, hold harmless, and indemnify the County, its officials, employees and agents against all claims resulting from work performed, material handled and services rendered. The contractual liability coverage evidenced will cover the liability assumed under the County-Contractor agreement.

C. Prior to non-renewal, cancellation or a change of coverage on this policy, at least thirty (30) days advance written notice shall be given to Chemung County Attorney at Chemung County Offices, 167 Lake Street, PO Box 588, Elmira, NY 14902-0588.

Workers' Compensation Coverage will be required for anyone doing any kind of work for Chemung County. This includes self-employed individuals. The Chemung County Attorney may waive this requirement. Proof of Workers’ Compensation Coverage must be submitted on NYS

Workers’ Compensation Board Approved Forms.

MINIMUM COVERAGES AND LIMITS ARE

TYPE OF CONTRACT COVERAGES REQUIRED LIMITS REQUIRED

PROFESSIONAL LIABILITY MINIMUM $1,000,000

GENERAL LIABILITY MINIMUM $1,000,000

AUTO LIABILITY TO INCLUDE:OWNED,HIRED & NON OWNED MINIMUM $1,000,000

WORKERS COMPENSATION STATUTORY

EMPLOYERS LIABILITY STATUTORY

PROFESSIONAL SERVICES

DISABILITY BENEFITS STATUTORY

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES & OPERATIONS

,PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT CONTRACTOR,

CONTRACTUAL,BROAD FORM PROPERTY DAMAGE,(XCU HAZARDS) $1,000,000 per OCCURRENCE

$2,000,000 AGGREGATE

UMBRELLA EXCESS LIABILITY Unless stated otherwise in specifications, policy must have limits of not less than:

$1,000,000 per OCCURRENCE

$1,000,000 AGGREGATE

AUTO LIABILITY TO INCLUDE: OWNED,HIRED,& NON OWNED COMBIND SINGLE

LIMIT$1,000,000

WORKERS' COMPENSATION STATUTORY

EMPLOYERS LIABILITY STATUTORY

CONSTRUCTION &

MAINTENANCE

DISABILITY BENEFITS STATUTORY

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES & OPERATIONS

,PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT CONTRACTOR,

CONTRACTUAL,BROAD FORM PROPERTY DAMAGE,(XCU HAZARDS) $2,000,000 per OCCURRENCE

$3,000,000 AGGREGATE

UMBRELLA EXCESS LIABILITY Unless stated otherwise in specifications, policy must have limits of not less than:

$2,000,000 per OCCURRENCE

$2,000,000 AGGREGATE

AUTO LIABILITY TO INCLUDE: OWNED,HIRED,& NON OWNED COMBIND SINGLE

LIMIT$1,000,000

WORKERS' COMPENSATION STATUTORY

EMPLOYERS LIABILITY STATUTORY

CONSTRUCTION &

MAINTENANCE

FOR ELEVATED

WORK (ROOF,

BRIDGES, ETC.),

DISABILITY BENEFITS STATUTORY

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES & OPERATIONS

,PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT CONTRACTOR,

CONTRACTUAL,BROAD FORM PROPERTY DAMAGE,(XCU HAZARDS) $1,000,000 per OCCURRENCE

$2,000,000 AGGREGATE

UMBRELLA EXCESS LIABILITY Unless stated otherwise in specifications, policy must have limits of not less than:

$5,000,000 per OCCURRENCE

$5,000,000 AGGREGATE

AUTO LIABILITY TO INCLUDE: OWNED,HIRED,& NON OWNED COMBIND SINGLE

LIMIT$1,000,000

WORKERS' COMPENSATION STATUTORY

EMPLOYERS LIABILITY STATUTORY

CONSTRUCTION &

MAINTENANCE

FOR LARGE (e.g.

DOT) PROJECTS ,

DISABILITY BENEFITS STATUTORY

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PRODUCTS &

COMPLETED OPERATIONS , CONTRACTUAL,BROAD FORM PROPERTY MINIMUM $1,000,000

ACQUISITION OF SUPPLIES OR

EQUIPMENT WORKERS' COMPENSATION STATUTORY

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EMPLOYERS LIABILITY STATUTORY

DISABILITY BENEFITS STATUTORY

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES & OPERATIONS

,PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT CONTRACTOR,

CONTRACTUAL,PERSONAL INJURY,LIQUOR LEGAL LIABILITY

MINIMUM $1,000,000

AUTO LIABILITY TO INCLUDE: OWNED,HIRED,& NON OWNED MINIMUM $1,000,000

WORKERS' COMPENSATION STATUTORY

EMPLOYERS LIABILITY STATUTORY

COUNTY PROPERTY USED

BY OTHERS

DISABILITY BENEFITS STATUTORY

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES &

OPERATIONS ,PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT

CONTRACTOR, CONTRACTUAL,PERSONAL INJURY,LIQUOR

MINIMUM $1,000,000

AUTO LIABILITY TO INCLUDE: OWNED,HIRED,& NON OWNED MINIMUM $1,000,000

WORKERS' COMPENSATION STATUTORY

EMPLOYERS LIABILITY $100,000

CONCESSIONAIRE SERVICES

LIVERY SERVICES MUNICIPAL

AGREEMENTS

DISABILITY BENEFITS STATUTORY

Bid specifications, particular contracts, leases or agreements may require increased limits and/or additional coverage. If there are questions, please contact the Chemung County Legal Department 607-737-2982.

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SECTION 1.02 RFP -2684 INSURANCE FOR CHEMUNG COUNTY NURSING FACILITY

1. Purpose

Chemung County Nursing Facility is seeking proposals for insurance coverage for Professional and General Liability and Property.

This process is designed to provide for a fair and open process in awarding professional services based on qualifications in accordance with all applicable state, federal and local regulations and ordinances.

The Nursing Facility wishes to establish a strategic partnership with a qualified broker who will assist the Nursing Facility in the process of developing and administering a program that provides solutions to meet the following goals:

Provide a comprehensive, state of the art, insurance program for the Nursing Facility at the most reasonable costs, taking advantage of the most favorable given market conditions.

Provide aggressive loss control services as well as administrative assistance, as requested, to the Nursing Facility, to ensure the Nursing Facility is in the best financial position possible

Working as an advocate for the Nursing Facility in the processing and settling of claims Maximize financial recoveries in the event of losses

It is anticipated that the selected broker will commence the services described in this RFP on January 1, 2025, after approval by County Legislature and will place all insurance coverage and renewals from that time forward.

Insurance programs are not to be marketed at this time, until this process is complete. Do not reserve insurers at this time. Failure to comply with this requirement may result in disqualification.

2. General Information

Chemung County Nursing Facility is located at 103 Washington Street, Elmira, NY 14901. The Chemung County Nursing Facility is a 200-bed residential health care facility operated by the County of Chemung. The facility provides long-term, inpatient, skilled nursing level services to residents who have a chronic or debilitating illness or who need rehabilitation services. A full range of services is offered including medical and psychiatric care, rehabilitation therapies, pharmacy, laundry, social work and recreational activities plus on-site optometry and dental services and a beauty/barber shop. There is a public cafeteria for employees and visitors. The facility is fully accredited by the Medicare and Medicaid Programs and is a member of both the state and national Leading Age Associations. It participates in the voluntary “Quality First Program”, a national quality assurance initiative.

3. Scope of Services:

At a minimum, the selected Broker/Agent will be expected to provide the following services:

Provide market access to key municipal carriers.

Evaluate the Nursing Facility’s current insurance program design. Identify and evaluate

RFP-2684 Insurance for Nursing Facility Page 12 of 31 8/20/2024 alternative approaches and recommend program improvements (structure, limits, scope of coverage, retention limits, risk management and control alternatives, risk financing alternatives, etc.) for Nursing Facility’s consideration and approval.

Develop a competitive insurance program and implement the program upon award.

Implementation of the program will include timely and accurate delivery of certificates, ID cards, binders, invoices and policies.

Develop a service strategy to be followed by the carrier, the broker and the client for the policy period. Implement this strategy and monitor it so that services are provided as agreed upon by all parties involved.

Review policies and change endorsements for accuracy and resolve any discrepancies that may be identified between the proposed coverage and the produced policy.

Provide coverage summaries, schedules and changes as necessary.

Review billings, audits for accuracy and make certain all charges such as taxes, assessments, fees, etc. are identified as necessary.

Provide the Nursing Facility with information and forecasts of changes that may arise in the insurance marketplace.

Coordinate the renewal process with the existing insurance carriers. Analyze the renewal proposal, negotiate terms and conditions and make recommendations.

4. Proposal Submission

Required proposal documents must be uploaded and received on the date and time specified in the official notification online via the Empire State Purchasing Group at www.bidnetdirect.com/new-york. You will receive a time and date validation once your proposal has been uploaded and processed. Electronic proposal submissions received after the specified deadline will not be considered.

The Nursing Facility may, at any time by written notification to all Vendors, change any portion of the RFP described and detailed herein.

Proposals will be examined and evaluated by the Nursing Facility Director and their designees.

Recommendations shall be made to the County Legislature who has final authority to award the business.

During the evaluation of Proposals, the Nursing Facility may require clarification of information or may invite Vendors to an oral presentation to amplify and/or validate Proposal contents.

From the date of distribution of the RFP through the date of selection of a Broker/Agent by the County Legislature, Vendors may not initiate or continue any verbal or written communications regarding this RFP with any County officer, elected official, employee or other County representative. Such communications are expressly forbidden except with the written foreknowledge to and permission of the Deputy County Executive. Violations will be reviewed by the Deputy County Executive. If determined that such communication has compromised the competitive process or is otherwise deemed to be disruptive, inappropriate or unacceptable conduct, the RFP submitted by that Vendor may be disqualified from further consideration.

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5. Qualification of Vendor

Provide a statement of Vendor qualifications including:

Name and title of person(s) authorized to bind the Vendor, together with the main office address, and telephone number (including area code).

Vendor shall meet the following minimum qualifications to be considered:

Assigned personnel must be appropriately licensed to perform brokerage services in the State of New York.

Responding firms must have a minimum of five years of experience writing business for and servicing at least one New York State municipality; and

Responding firms shall have experience in placing an insurance program with a minimum of total insured values (TIVs) in excess of $10,000,000 in New York State at any time within the past five years.

Provide at least three (3) references for which brokerage services of the requested type are currently provided including the name, addresses and telephone numbers.

Provide any additional information that would distinguish your firm in its potential service to the Chemung County Nursing Facility.

In addition, the Nursing Facility may make such investigations it deems necessary to determine the ability of the Vendor to perform the work. The Vendor shall furnish to the Nursing Facility, within five (5) days of a request, all such information and data for this purpose as may be requested.

The Nursing Facility reserves the right to reject any Proposal if the information submitted by, or investigation of, such Vendor fails to satisfy the Nursing Facility that such Vendor is properly qualified to carry out the obligations of this proposal and to complete the work contemplated therein. Conditional Proposals will not be accepted.

6. Broker Response Format

In order for the Nursing Facility to conduct a uniform review process of all proposals, proposals must be submitted in the format set forth below. Failure to follow this format may be cause for rejection of a proposal because adherence to this format is critical for the Nursing Facility’s evaluation process:

SECTION I

Title Page - The title page should reflect the Request for Proposal subject, name of the Vendor, address, telephone number and contact person.

Table of Contents - The Table of Contents must indicate the material included in the proposal by section and page number.

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SECTION II:

A. Respondent’s Contact Information

1. Firm/agency name.

2. Address of main office and local office.

3. Name and title of person whom the Nursing Facility should contact regarding the proposal.

4. Telephone number(s), fax number and email address for such person; and

5. Tax Identification Number.

B. Background Information

Provide a brief description and history of the agency/firm (ex. national, regional or local; size and ownership structure; corporate philosophies).

C. Respondent’s Experience

Provide a statement detailing the experience of your firm. Please include:

1. Respondent’s experience performing insurance placements and obtaining cost-effective coverage for municipalities or governmental entities.

2. Respondent’s experience with major policy placements over the last three years or more and any trends you have witnessed over the past three years.

3. Programs and actions taken to ensure adequate continuing professional education of staff and commitment to professional standards.

4. The results of recent external quality control reviews, if any; and

5. Any additional information that may distinguish your agency from other agencies responding to this RFP.

D. Assigned Personnel

1. Identify all staff members of your firm who will be active in the transition, placement and servicing of the insurance program.

a. Provide background and experience of broker/account executive and other support personnel, including professional qualifications, academic designations, licenses maintained and length of time working with the agency, and length of time working in insurance or risk management services or in any other field that would provide added benefit to this account.

b. Describe experience performing insurance placements and obtaining cost-effective coverage for municipalities or governmental entities.

2. Provide a narrative or organizational chart that describes the organization of the assigned personnel by illustrating the roles of each staff member and the lines of authority, designating the individual(s) responsible and accountable for the completion of the services requested in this RFP. If other than the local office, indicate where the work will be performed.

RFP-2684 Insurance for Nursing Facility Page 15 of 31 8/20/2024

3. If the broker/account executive assigned is someone other than the person whose name and contract information are provided earlier in the proposal, please provide the broker/account executive’s telephone number and direct email address.

4. Provide the date until which the broker’s continuing education is current.

5. Has the license of your agency or any person in your agency ever been revoked or suspended?

6. The proposal must disclose any instances in which your agency or assigned personnel may have a conflict of interest with the performance of the services required in this RFP, and, if any such conflict may exist, the nature of such conflict.

E. Account Administration

1. Describe, in detail, the brokerage services that would be provided to the Nursing Facility, considering the requested services. Please also address the following:

a. Do you provide claims administration services? If so, how will you keep the Nursing

Facility informed in the claims settlement process?

b. How often will you review claims and reserves?

c. Describe how the Nursing Facility may request a certificate of insurance with additional insurance, and how much time will be required for the request to be fulfilled.

d. Describe your safety and loss prevention/risk control services.

e. Describe how you would stay informed about the Nursing Facility’s loss exposures.

f. Describe how you would assist the Nursing Facility in identifying potential exposures to accidental loss.

2. Describe brokerage services that are not included in the package of services described in the response, or that are not provided by Broker, particularly if such services are requested by the Nursing Facility or are only available upon additional compensation.

F. Insurance Carriers

List the five direct insurance carriers with which your firm has done the greatest volume of business within the last three years, arranged in order of greatest to least volume of business (numbered 1-5). Provide the insurance carrier’s parent company in parentheses following the carrier’s name. Indicate whether you hold a contract with the carrier or if you access the carrier though a wholesaler or another broker.

Also, list the five insurance carriers with which your firm has done the greatest volume of municipal business within the last three years, arranged in order of greatest to least volume of business (numbered 1-5). Provide the insurance carrier’s parent company in parentheses following the carrier’s name. Indicate whether you hold a contract with the carrier or if you access the carrier though a wholesaler or another broker.

G. Reference

Provide at least three references for clients (numbered 1-3), one of which is a New York municipality, to which the respondent is currently providing, or recently provided, insurance brokerage services similar to the services requested in this

RFP.

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a. Name and address of account.

b. Principal contact and title.

c. Telephone number and email address.

d. Amount of time that respondent performed services for account, including approximate date of retention and date services last performed for account (please indicate whether account is current).

e. Description of insurance programs.

f. Lines of insurance placed.

g. Property insurance total insurable value (TIV).

h. Estimated premium; and

i. Any additional comments.

H. Broker Compensation

While the Nursing Facility understands that agencies that provide quality brokerage service are entitled to fair compensation, the Nursing Facility requires complete transparency in compensation for services rendered.

a. Summarize respondent’s average commission earned as a percentage of premium paid for providing similar services over the two years preceding the date of this RFP.

b. Describe how the Broker will provide information about its compensation to the Nursing Facility.

I. Interview Confirmation

Confirm that respondent is willing to participate in interviews or presentations and to provide additional information or data as requested by Nursing Facility within five days of Nursing Facility’s request. The date of the interview or presentation, if any, will be determined after the Nursing Facility’s review of the proposals submitted.

J. Broker’s License

Provide a copy of your New York State Broker License.

7. Proposal Evaluation, Review and Selection Process

Proposals will remain valid until the awarding of the bid by the Chemung County Legislature, unless otherwise rejected consistent with this RFP.

The Nursing Facility Director and their designee(s) will evaluate the proposals to determine whether the requirements of this RFP are met and to make a recommendation to the Chemung County Legislature for final decision. The evaluation process is designed to award the proposal to the Vendor that provides the best overall value to the Chemung County Nursing Facility. The Proposals shall be evaluated based on the following Criteria:

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CRITERIA WEIGHT

Proposer’s comprehension of the required work (Scope of Services) 25% Professional Qualifications and Prior Experience and access to markets in similar projects

25%

Outline of potential savings to the County 20% Proposer’s demonstrated capabilities (equipment, financial, solvency, location)

10%

Client References 10% Staffing- (Evaluation of Employees’ Resumes 10%

Proposals shall be examined and evaluated based on the merits of the Vendor’s qualifications, with particular attention paid to the Vendor’s experience and knowledge of municipal government and insurance services as well as their access to markets and subsequent ability and experience in aggressively working to leverage competition to obtain the best and most cost-effective insurance program for the Nursing Facility.

8. Anticipated Timel i n e

August 29, 2024 – Distribute RFP to prospective Vendors September 26, 2024 – Deadline to submit questions in writing October 3, 2024, at 1:45 p.m. – Deadline for RFP responses to be uploaded to Bidnet.

October 10, 2024 – Nursing Facility Committee’s review and recommendation December 09, 2024 – Decision by Chemung County Legislature and awarding of b u s i n e s s January 1, 2025 – Start of new policy

Timeline is subject to change at the sole discretion of the Chemung County Nursing Facility. No individual extensions will be granted.

9. Additional Insurance and Security Requirements The Successful Vendor is required to maintain errors & omissions coverage with a $10,000,000 limit.

10. Contract Term: The policy shall become effective January 1, 2025, and terminate December 31, 2025. The County will have the option to extend this contract for up to an additional two (2) years in one (1) year increments, at prices mutually agreed upon, and under the same terms and conditions.

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FORM FOR SUBMISSION OF PRICE PROPOSAL for RFB-2684 INSURANCE FOR CHEMUNG COUNTY

NURSING FACILITY

TO THE COUNTY OF CHEMUNG: The undersigned hereby declares that they have carefully examined all proposal and contract documents and all interpretations of any addenda to the Contract Documents issued by the County of Chemung and is satisfied as to all the quantities and conditions, and understands that in signing this Proposal they waive all rights to plead any misunderstanding regarding the same. Pursuant to and in compliance with the Proposal Documents, the Proposer hereby offers to furnish all equipment and whatever else is necessary or proper for, or incidental to, the completion of this Contract, as required by and in strict compliance with the applicable provisions of all contract documents, for the following proposal prices:

SEE ATTACHED PRICING PAGE

If written notice of the acceptance of this Bid is delivered to the undersigned, the undersigned will, within ten

(10) business days after the date of such delivery, execute and deliver the Contract in the form of the Agreement attached hereto, or in a special Contract form that may be drawn up in accordance with the County Attorney’s requirements. In the event that an addenda, the undersigned hereby acknowledges the receipt of same and agrees that they are bound by all addenda, whether or not listed herein:

Addendum Number__________________ Date of Addendum __________________________

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Proposer or Authorized Representative

Name of Company

Address of Company

Phone and Fax Numbers of Company

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ORM FOR SUBMISSION OF PRICE PROPOSAL

RFP-2684 Insurance for Commercial Building, Property, Liability & Equipment

Carrier:

Coverage Current Limit Proposed Annual Cost

CARRIER

Professional & General Liability $ Deductible 25,000 Per Claim Policy Aggregate Limit $ 6,000,000.00 General Liability per Occurance $ 1,000,000.00 General Liability Aggregate $ 3,000,000.00 Health Care Professional Liab per Claim $ 1,000,000.00 Health Care Professional Liab Aggregate $ 3,000,000.00 Health Care Professional Liab Coverage Form Claims Made Health Care Professional retroactive date 3/23/2014 Sexual Misconduct per Occurance Included Sexual Misconduct Aggregate Included Beauticians/Barbers Prof Liab Included Employees as Additional Insureds Yes Employee Benefits Legal Liability $ 1,000,000.00 Per claim Legal/Public Relations Expense $ 100,000.00 Medical Payments coverage $ 5,000.00 Products -Completed Operations Aggregate Limit $ 1,000,000.00 Personal & Advertising Limit $ 1,000,000.00 Each Occurrence - Bodily injury & Property Damage $ 1,000,000.00 Fire Damage Limit (any one fire) $ 50,000.00 Evacuation Expense Reimbursement Coverage Ext Included

Excess Liability $ Per Occurance $ 1,000,000.00 Aggregate $ 1,000,000.00

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Excess over Sexual Misconduct Yes No Retained Limit

CARRIER

Property $ Building Limit $ 34,653,978.00 Personal Property of Others Limit $ 95,000.00 Business Income w/ Extra Expenses $ 7,380,625.00 Building Ordinance or Law Limit Included in Building Limit Accounts Recievable Limit $ 250,000.00 Deductible $ 1,000.00

Crime:

Employee Theft-Blanket Lmit $ 100,000.00 $500 Deductible Forgery or Alteration $ 100,000.00 $500 Deductible Computer Fraud $ 10,000.00 $500 Deductible IP - Theft of Money & Securities $ 25,000.00 $500 Deductible IP - Robbery or Safe Burlgary of Other Property $ 25,000.00 $500 Deductible Outside the Premises $25,000 $500 Deductible Senior Living Crime Elitepac Endorsement Included

Commercial Inland Marine Valuable Papers $ 250,000.00 $500 Deductible Valuable Papers Awar from Premises $ 5,000.00 $500 Deductible Inland Marine Pac included

Underlying Insurance General Liability Employee Benefits Liability

Professional Liability Terrorism $

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REGRET LETTER

TO WHOM THIS MAY CONCERN:

If you do not plan to bid on this offering, but wish to remain on our active vendor list, you must complete this form and return to this office by the bid due date.

Thank you for your cooperation.

Very truly yours, Tricia A. Wise

PURCHASING DIRECTOR

REASON FOR NOT BIDDING

RECEIVED BID PACKAGE TOO LATE

NOT ENOUGH TIME TO DEVELOP BID

NOT SUFFICIENT DETAILS

JOB TOO LARGE JOB

TOO SMALL

NOT INTERESTED IN THIS TYPE OF MATERIAL/SERVICE

WORKING AT FULL CAPACITY AT THIS TIME

CANNOT MEET TIME SCHEDULE FOR COMPLETION OF JOB

SPECIFICATIONS TOO RESTRICTIVE

OTHER:

Contractor/Vendor

REQUEST NUMBER:

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NON-COLLUSIVE PROPOSAL CERTIFICATE PURSUANT TO 103d

OF THE GENERAL MUNICIPAL LAW OF THE STATE OF NEW YORK

A. By submission of this proposal, each proposer and each person signing on behalf of any proposer certifies, and in the case of a joint proposal 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 proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor;

(2) Unless otherwise required by Law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to opening, directly or indirectly, to any other proposer or to any competitor; and

(3) No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.

B. A proposal shall not be considered for award nor shall any award be made where (a)-(1), (2) and (3) have not been complied with; provided however, that if in any case the proposer cannot make the foregoing certification, the proposer shall so state and shall furnish with the proposal a signed statement which sets…