REQUEST FOR PROPOSAL

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1 REQUEST FOR PROPOSAL RISK MANAGEMENT CONSULTANT & INSURANCE BROKER OF RECORD SERVICES ISSUE DATE: December 18, 2014 DUE DATE: January 9, 2015 Issued by: Edward Cho, QPA Purchasing Agent Township of Montclair 205 Claremont Avenue Montclair, NJ 07042

2 ADVERTISEMENT TOWNSHIP OF MONTCLAIR REQUEST FOR PROPOSALS RISK MANAGEMENT CONSULTANT & INSURANCE BROKER OF RECORD SERVICE FOR THE TOWNSHIP OF MONTCLAIR The Township of Montclair, Essex County, New Jersey, hereby requests the submission of proposals for Risk Management Consultant & Insurance Broker of Record Services. Details are fully described in the specifications. Specifications are available at the township web site or Purchasing Office, located on the 3 rd Floor of the Municipal Building, 205 Claremont Avenue, Montclair, NJ. Should you have an interest in submitting a proposal, please submit to: Township of Montclair Edward Cho, Purchasing Agent 205 Claremont Avenue Montclair, NJ Proposals must be submitted no later than: Friday, January 9, 2015 by 11:00 am Publish Thursday, December 18, the Montclair Times 1T

3 INFORMATION TO RESPONDENTS Sealed proposals shall be received in accordance with Public Advertisement as required by law, a copy of said notice being attached hereto and made part of these specifications. Submission of Proposals All proposals must be submitted in sealed envelopes bearing on the outside the name of the proposer, his address and the name of the professional service for which the proposal is submitted. Proposals must be addressed to the attention of: Edward Cho, Qualified Purchasing Agent Township of Montclair 205 Claremont Avenue Montclair, NJ All Proposals shall include the following fully completed and executed documents: Proposals forwarded through the mail must contain the following statement on the envelope: THIS IS A SEALED PROPOSAL AND SHALL NOT BE OPENED AND READ UNTIL FRIDAY, JANUARY 9, 2015 AT 11:00 AM BY THE QUALIFIED PURCHASING AGENT OR HIS DESIGNEE. The Township will not assume responsibility for proposals not delivered in person to the Qualified Purchasing Agent prior to the opening. Receipt of Proposals All proposals must be received before or at the time and date specified in the Notice for Qualifications for Professional Services. No proposal will be received after the specified time. Reservations The Township Council reserves the right to reject any or all proposals, to waive irregularities and technicalities, to request re-submissions, and to award proposals as the Township Council deems will best serve the interest of the Township. Questions regarding this Request for Proposal may be directed to the Qualified Purchasing Agent at (973) or Request for Proposal for Professional Services Purpose: The following procedures are designed to provide for a fair and open process in awarding professional services based on qualifications, merit and cost effectiveness through accessible advertising.

4 Scope of Services 1. Risk Manager - Property and Casualty The successful candidate will provide the Township with Fund Administrative services related to, but not limited to: Provide assistance to the Township in identifying its insurable Property and Casualty exposures and recommending professional methods to reduce, assume or transfer the risk or loss. Provide advice to the Township of Montclair on matters relating to a Joint Insurance Fund s operation and coverages, as well as private insurance companies or other venues to obtain the best possible coverage for the lowest possible price. Design, market and implement the broadest property insurance program at the most reasonable cost that adequately protects the Township and other designated parties against the risks arising out of the Township s past, present and future operations. Assist the Township in understanding and selecting, the numerous coverages available from the competing Joint Insurance Funds (JIF) and the Municipal Excess Liability Joint Insurance Fund where applicable. Assist the Township with the evaluation of options received from the insurance market. Review with the Township any additional coverage that the RISK MANAGER feels should be carried, but are not available from the JIF subject to the Township authorization; place such coverage outside the JIF. Assist the Township in the preparation of applications, statements of values, and similar documents requested by the JIF, it being understood that this Agreement does not include any appraisal work by the RISK MANAGER. Review the assessment as prepared by the JIF and assist the Township in the preparation of their annual insurance budget. Respond to questions related to coverage and the placement process; provide ongoing coverage analyses and critique of policy language. Obtain answers to policy coverage questions. Review the loss and engineering reports and generally assist the County in the loss containment objectives. Assist in the settlement of claims Attendance at meetings of the Township Any other services required by the Township s through its responsibility to the Bylaws of the selected JIF. Providing regular Risk Management services to the Township and its staff while acting on behalf of the Township with the selected JIF insurers. Assist the Township in the resolution of any outstanding legacy issues arising from its prior property insurance programs. Provide risk control services Attending meetings of Fund Commissioners or Executive Committee meetings of the Fund. Provide claims management services Provide loss control and safety services Reviewing the Township s assessment and assisting in the preparation of the Township s insurance budget.

5 Review hold harmless indemnification agreements as required in the Township s contracts. Provide advice to the Township on the insurance risk management issues arising from its contracts, agreements and leases. 2. Risk manager/insurance broker of record services Health, Dental, Vision & Prescription Drug Insurance Provide assistance to the Township in identifying its insurable Casualty exposures and recommending professional methods to reduce, assume or transfer the risk or loss. Assist the Township with the evaluation of options received from the insurance market. Assist the Township in understanding and selecting, the numerous coverages available from the insurance market Assist where needed in the settlement of claims Attendance at meetings of the Township Providing regular Risk Management services to the Township and its staff while acting on behalf of the Township with selected insurance carriers. Assist the Township in the resolution of any outstanding legacy issues arising from its prior property insurance programs. Provide loss control services. RISK MANAGEMENT CONSULTANT AND INSURANCE BROKER OF RECORD Any persons or firms interested in providing professional services to the Township of Montclair ( Township ) as defined in the New Jersey Statutes, N.J.S.A. 40A:11-2(6). 1. Appointment of Risk Management Consultant and Insurance Broker of Record shall be appointed by the Township Council (hereinafter Council ) by a majority vote of a quorum of its members and shall serve for a term of one (1) year from the date of his appointment and until his successor is appointed and qualified. The Risk Management Consultant and Insurance Broker of Record shall be a New Jersey licensed property/casualty insurance agent or broker with demonstrated prior experience in the management of public insurance risks. The Risk Management Consultant and Insurance Broker of Record shall be an Insurance Producer, pursuant to N.J.S.A.17:22-A, but shall not be a Fund Commissioner. 2. Residence. The Risk Management Consultant and Insurance Broker of Record need not be a resident of the Township. Applicants /Proposers Responsibility in Responding to Township s Request For Proposals for Professional Services The applicant/proposer shall in response to the Township s Request for Proposals, at a minimum, include the following information: 3. Qualification requirements to compete for the needed service or activity as set forth in the duties and responsibilities of the position defined in the Township s Request for Proposals. Qualifications, at a minimum, shall include requirements defined as follows:

6 A. Full name and business address. B. Listing of all post high school education of the applicant and/or members of a professional firm seeking to provide professional services as described within the body of the Request for Proposals. C. Dates of licensure in the State of New Jersey and any other state as to the professional discipline requested to serve the needs of the Township of Montclair. D. A listing of any professional affiliations or membership in any professional societies or organizations, with an indication as to any offices held. E. The number of licensed professionals employed (if a professional firm) and/or affiliated with the professional entity seeking to provide services to the Township. A description of each individual s qualifications, including education, licensure and years of professional experience. F. A listing of all previous Public Sector entities served by the applicant/proposer licensed professional including dates of service and position(s) held. G. Proposed cost of the service(s) or activities, may be proposed as an hourly rate with a not to exceed, a flat fee or as a percentage of annual assessment. The proposed cost should include: a. Attendance at meetings b. Site visits and expenses. c. Expenses for travel, postage and telephone not included in the hourly rate. d. Additional services defined beyond the scope of regular services. e. The percent commission of all insurance placed outside of the JIF by proposer and identification of the party paying such commissions, i.e., the carrier or the Township. H. Insurance. The applicant/proposer, as a member of a profession which is subject to suit for professional malpractice, shall provide documentation that insurance for professional liability/malpractice coverage with limits as to liability acceptable to the Township. I. Financial Disclosure. The applicant/proposer as a professional, if required by law, shall file a Financial Disclosure Statement pursuant to Local Government Ethics Law N.J.S.A. 40A:9-22(1) et seq. J. Law Against Discrimination and Affirmative Action. The applicant/proposer as a professional shall file a statement as to compliance with N.J.S.A.10:5-1 et seq. (Laws Against Discrimination) and P.L. 1975, c.127 (Affirmative Action).

7 The applicant/proposer shall submit one (1) original and two (2) copies of their proposal. Basis for Award of Contract/Agreement for Professional Services The Township shall award all professional service contracts or agreements based on qualification, merit and cost competitiveness. Selection criteria will include: 1. Qualifications of the individual or firms who will perform the service or activity. 2. Experience and references. 3. Ability to perform the service or activity in a timely fashion, including staffing and the staff s familiarity of the service or activity. 4. Cost Competitiveness. 5. The Township reserves the right to conduct an interview or interviews with the prospective professional to discuss the scope of the professional services as outlined in the applicant s/proposer s proposal. 6. All awards or waivers will be by resolution acted on by the Council at a Township meeting. 7. All awards are subject to availability of funds. 8. This policy will include, but not be limited to, all of the above listed requirements.

8 BUSINESS REGISTRATION CERTIFICATE A Business Registration Certificate serves two purposes: For public contracting, as proof of valid business registration with the New Jersey Division of Revenue. All contractors and subcontractors must provide this documentation when seeking to do business with the State of New Jersey, and other public agencies in this state. To comply with Chapter 85, P.L. 2006, defined under N.J.S.A. 54A: You must use the Business Registration Certificate if you are an unincorporated construction contractor performing work in New Jersey of you are a registered unincorporated contractor requesting proof of certification. If you are a registered vendor but have not received the Business Registration Certificate in the mail, you may obtain a certificate online. Please note that this certificate is not required by all businesses in New Jersey, but only those doing business with the public sector. You may check the online registration inquiry to determine if the business is already registered. If you have not registered but are required to have this certificate, you will need to complete Form NJ-REG. Representatives of the Division s Client Registration activity are available to assist in the registration process **The links for the Business Registration Certificate and the NJ-REG will be listed at the end of this document.** Form NJ-REG: In most cases, you may submit Form NJ-REG online. Exceptions and additional requirements include: Any business including an out-of-state business with a presence or nexus in New Jersey, operating as a corporation, limited partnership, limited liability company or limited liability partnership must first obtain legal authority to operate in the state prior to submitting Form NJ-REG. Generally, this is accomplished by filing a Certificate of Incorporation or Formation with the Division. Out-of-state businesses that believe they do not have state tax nexus will file a paper form NJ-REG in order to obtain a Business Registration Certificate. Business entities that file form NJ-REG only will be subject to a nexus review, initiated and conducted by the Division of Taxation.

9 Individuals or Unincorporated Construction Contractors with no business tax of employer obligations may register using Form NJ-REG-A instead of Form NJ-REG in order to obtain the Business Registration Certificate. Individuals who have created and are operating as a business entity (e.g.llc) may not use Form REG-A. Non-profit organizations although required to register for tax purposes are not subject to the proof registration requirement when contracting with public agencies in this state. Instructions on obtaining required forms: To obtain a Business Registration Certificate: 1. Click on Business Formation & Registration 2. Click on Obtain a Certificate of Registration 3. Click on Obtain a Certificate Online (green print) 4. Fill out name and Tax Payer ID or Business Entity ID 5. Click submit and follow direction. To register for Form NJ-REG online: NJ-REG paper forms & directions: NJ-REG-A:

10 EXHIBIT A MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) N.J.A.C. 17:27 GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.

11 The contractor or subcontractor agrees to make good faith efforts to afford equal employment opportunities to minority and women workers consistent with Good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2, or Good faith efforts to meet targeted county employment goals determined by the Division, pursuant to N.J.A.C. 17: The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.

12 REQUIRED EVIDENCE AFFIRMATIVE ACTION REGULATIONS P.L. 1975, C. 127 (N.J.A.C. 17:27) If awarded a contract, all procurement and service contractors will be required to comply with the requirements of P.L. 1975, c. 127 (N.J.A.C. 17:27). Within seven (7) days after receipt of the notification of intent to award the contract or receipt of the contract, whichever is sooner, the contractor should present one of the following to the Purchasing Agent: 1. A photocopy of a valid letter from the U.S. Department of Labor that the contractor has an existing federally-approved or sanctions Affirmative Action Plan (good for one year from the date of the letter.) OR 2. A photocopy of approved Certificate of Employee Information Report. 3. An Affirmative Action Employee Information Report (Form AA302) OR AND All successful construction contractors must submit within three days of the signing of the contract an Initial Project Workforce Report (AA201) for any contract award that meets or exceeds the Public Agency bidding threshold. NO FIRM MAY BE ISSUED A CONTRACT UNLESS IT COMPLIES WITH THE AFFIRMATIVE ACTION REGULATIONS OF P.L. 1975, c The following questions must be answered by all bidders: 1. Do you have a federally-approved or sanctioned Affirmative Action Program? YES NO If yes, please submit a copy of such approval. 2. Do you have a Certificate of Employee Information Report Approval? YES NO If yes, please submit a copy of such certificate. The undersigned contractor certifies that he is aware of the commitment to comply with the requirements of P.L. 1975, c. 127 and agrees to furnish the required documentation pursuant to the law. COMPANY: SIGNATURE: TITLE: Note: A contractor s bid must be rejected as non-responsive if a contractor fails to comply with requirements of P.L. 1975, c. 127, within the time frame.

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