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2014-28589 Reso RESOLUTION NO. 2014-28589 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7T" VOTE, THE COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE PROCUREMENT OF CERTIFICATE OF INSURANCE TRACKING SYSTEM, UTILIZING EXISTING PALM BEACH COUNTY CONTRACT NO. 13-100-MW9 EFFECTIVE THROUGH FEBRUARY 18, 2015, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS ISSUED BY PALM BEACH COUNTY. WHEREAS, the Human Resources Department — Risk Management Division requires a certificate of insurance tracking system; and WHEREAS, the Palm Beach County Contract No. 13-100-MW, for certificate of insurance tracking system was competitively bid and awarded to Insurance Tracking Services, Inc.; and WHEREAS, the Palm Beach County Contract provides the City with the a system that managed by licensed insurance professionals that will perform all the necessary functions to monitor compliance, audit incoming certificates, and follow-up for renewals; and WHEREAS, this contract will reduce the City's exposure to financial loss and sometimes costly litigation; and WHEREAS, the City Manager recommends that the Mayor and City Commission waive the competitive bidding requirements so as to authorize the City to "piggyback" the Palm Beach County Contract No. 13-100-MW, and utilize such contract for Certificate of Insurance Tracking System; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission waive, by 5/7th vote, the competitive bidding requirements, finding such waiver to be in the best interest of the City, and approving and authorizing the procurement of the Certificate of Tracking System, from Insurance Tracking Services, Inc, utilizing existing Palm Beach County Contract No. 13- 100-MW, effective until February 18, 2015, subject to any extensions and/or replacement contracts issued by Palm Beach County. PASSED AND ADOPTED THIS ? DAY OF �� 2014. ATTEST: N��...E3 CITY C ERK � YOR INCORR ORATED: APPROVED AS TO FORM &LANGUAGE 7� &FOR EXECUTION C... City Attorn Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Procurement Of A Certificate Of Insurance Tracking System, Utilizing Existing Palm Beach County Contract No. 13-100-MW, Effective Through February 18, 2015, Subject To Any Extensions And/Or Replacement Contracts Issued By Palm Beach County; And Waiving By 5/7''' Vote, The City's Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The Best Interest Of The City. Key Intended Outcome Supported: Strengthen Internal Controls to Achieve More Accountability Supporting Data (Surveys, Environmental Scan, etc. : N/A Item Summa /Recommendation: It is standard operating procedures to require vendors/contractors conducting business with the City to provide insurance coverage with limits, terms and conditions that reduce the City's exposure to financial loss and sometimes costly litigation for work performed by our vendors/contractors. The process of tracking certificates of insurance for compliance with contract requirements is a cumbersome,time consuming,but necessary task that ultimately transfers the loss away from the City when a claim is made. It is the ultimate goal of the City to have 100%compliance with insurance requirements for every vendor,contractor,or tenant that does business with the City. The City has over 1500 agreements(contracts, purchase orders,permits,and leases),most having insurance requirements that are applicable to the type of goods and services provided through the agreement. Through its due diligence review of existing contracts,during the last fiscal year the Procurement Department identified an excessive amount of agreements that are in non-compliance with the applicable insurance requirements and have made great efforts, with the assistance of the Risk Management staff, in bringing these vendors/contractors into compliance. However,with limited resources,we are looking for the most efficient and effective methodology to perform certificate of insurance tracking.Rather than add additional staffing to perform this necessary work as many agencies do, the Administration believes greater efficiencies can be gained by contracting these services to industry experts in the field of insurance compliance. In identifying options for the contracting of these services,staff has identified a competitively solicited contract recently awarded by Palm Beach County(Contract 13-100-MW)to Insurance Tracking Services, Inc. ("ITS"). The ITS agreement with Palm Beach County allows the City to expeditiously engage an industry expert,ITS,to assist the City with maintaining compliance of the insurance requirements in City contracts,thereby minimizing any risk or liability to the City.The cost for routine services is estimated to be approximately$1.75 per month per contract, a negligible amount given the risk mitigation benefits of such a service. Based on the large volume of agreements, the City needs a system managed by licensed insurance professionals that will perform all the necessary functions to monitor compliance, audit incoming certificates, and follow-up for renewals. Therefore, it is recommended that the City piggyback the contract with ITS competitively awarded by Palm Beach County. This contract will allow the Human Resources Department— Risk Management Division and other departments to track compliance of their vendors/contractors insurance using this web-based Certificate of Insurance Tracking System. RECOMMENDATION It is recommended that the Mayor and City Commission approve a resolution authorizing the implementation of a Certificate of Insurance Tracking System, through Insurance Tracking Services, Inc., utilizing Palm Beach County Contract No. 13-100-MW,and waiving by 5/71h vote,the city's formal competitive bidding requirements, finding such waiver to be in the best interest of the City. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: $50,000 540-1790-000312 Total $50,000 Financial Impact Summary:Additional funds, if required,will be approved by the Budget Office, based on available approved funding. City Clerk's Office Legislative-racking: Alex Denis, Ext. 7490 Si n-Offs: Departmen Director Assistan City Ma citylKanager SCT6'I AD KGB MT JLM T:\AGENDA\2014\M4\Procurement\Certificate of Ins racking ystem-Item Summary.doc 11 A AGENDA ITEM C7 AAAMIBEACH DATE S—;2 1- y MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COM ISSION MEMORANDUM TO: Honorable Mayor Philip Levine a Membe of the City Commission FROM: Jimmy L. Morales City Manager DATE: May 21, 2014 SUBJECT: A RESOLUTION OF THE AYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLOR A, APPROVING AND AUTHORIZING THE PROCUREMENT OF A CERTIFICATE OF INSURANCE TRACKING SYSTEM, UTILIZING THE COMPETITIVELY SOLICITED PALM BEACH COUNTY CONTRACT NO. 13-100-MW, EFFECTIVE THROUGH FEBRUARY 18, 20159 SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS ISSUED BY PALM BEACH COUNTY; AND WAIVING BY 5/7T" VOTE, THE CITY'S FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY. ADMINISTRATION RECOMMENDATION Approve the recommendation. KEY INTENDED OUTCOME Strengthen Internal Controls to Achieve More Accountability BACKGROUND It is standard operating procedures to require vendors/contractors conducting business with the City to provide insurance coverage with limits, terms and conditions that reduce the City's exposure to financial loss and sometimes costly litigation for work performed by our vendors/contractors. The process of tracking certificates of insurance for compliance with contract requirements is a cumbersome, time consuming, but necessary task that ultimately transfers the loss away from the City when a claim is made. It is the ultimate goal of the City to have 100% compliance with insurance requirements for every vendor, contractor, or tenant that does business with the City. The City has over 1500 agreements (contracts, purchase orders, permits, and leases), most having insurance requirements that are applicable to the type of goods and services provided through the agreement. Through its due diligence review of existing contracts, during the last fiscal year the Procurement Department identified an excessive amount of agreements that are in non-compliance with the applicable insurance requirements and have made great efforts, with the assistance of the Risk Management staff, in bringing these vendors/contractors into compliance. However, with limited resources, we are looking for the most efficient and effective methodology to perform certificate of insurance tracking. Rather than add additional staffing to perform this necessary work as many agencies do, the Administration believes greater efficiencies can be gained by contracting these services to industry experts in the field of insurance compliance. In identifying options for the contracting of these services, staff has identified a competitively solicited contract recently awarded by Palm Beach County (Contract 13-100-MW) to Insurance Tracking Services, Inc. ("ITS"). The ITS agreement with Palm Beach County allows the City to expeditiously engage an industry expert, ITS, to assist the City with maintaining compliance of the insurance requirements in City contracts, thereby minimizing any risk or liability to the City. The cost for routine services is estimated to be approximately $1.75 per month per contract, a negligible amount given the risk mitigation benefits of such a service. CONCLUSION Based on the large volume of agreements, the City needs a system managed by licensed insurance professionals that will perform all the necessary functions to monitor compliance, audit incoming certificates, and follow-up for renewals. Therefore, it is recommended that the City piggyback the contract with ITS competitively awarded by Palm Beach County. This contract will allow the Human Resources Department — Risk Management Division and other departments to track compliance of their vendors/contractors insurance using this web-based Certificate of Insurance Tracking System. RECOMMENDATION It is recommended that the Mayor and City Commission approve a resolution authorizing the implementation of a Certificate of Insurance Tracking System, through Insurance Tracking Services, Inc., utilizing Palm Beach County Contract No. 13-100-MW, and waiving by 5/7th vote, the city's formal competitive bidding requirements, finding such waiver to be in the best interest of the City. JLM: KGB:MT:SCT:AD T:\AGENDA\2014\May\Procurement\Certicate of Ins Tracking System-Commission Memo.doc CONTRACT FOR Insurance Certificate Tracking System (Contract No. 13-100/MW) This Contract No. 13-100/MW is made as of this day of , 2014, by and between Palm Beach County, a political subdivision of th State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY,. and I ns_urance..Tracking..Services,_..Inc., 110.W._.Ocean Blvd.,..Suite 602, Long Beach, CA 90802, a corporation authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR. In consideration of the mutual promises contained herein, the COUNTY and the CONTRACTOR agree as follows: ARTICLE 1 -SERVICES The CONTRACTOR's responsibility under this Contract is to provide a web-based certificate of insurance tracking system that has both a full service and a self service option to the Risk Management Department in accordance with Exhibit A, Scope of Work/Services, and Exhibit B, CONTRACTOR's proposal dated November 14, 20131 both of which are attached hereto and incorporated herein. The COUNTY's representative/liaison during the performance of this Contract shall be Scott Marting, Property & Casualty - Insurance & Claims Manager, telephone number (561) 233-5432 or designee. The CONTRACTOR's representative/liaison during the performance of this Contract shall be Rick Lopez, President and CEO, telephone number(888) 435-2955. ARTICLE 2 -ORDER OF PRECEDENCE Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: (1) the provisions of the Contract, including Exhibit A, Scope of Work/Services; (2) the provisions of RFP No. 13-100/MW and all Amendments thereto, which are incorporated into and made a part of this Contract; (3) Exhibit B, CONTRACTOR's proposal dated November 14, 2013; and (4) all other documents, if any, cited herein or incorporated herein by reference. ARTICLE 3 -SCHEDULE The CONTRACTOR shall commence services on February 19, 2014, and complete all services by February 18, 2015, with four (4) one (1) year options for renewal at the sole discretion of the COUNTY. Reports and other items shall be delivered and/or completed in accordance with Exhibit A. i i 1 ARTICLE 4 -PAYMENTS TO CONTRACTOR a. The total amount to be paid by the COUNTY under this Contract for all services and materials shall not exceed a total contract amount of One Hundred Fifty Thousand Dollars and no cents ($150,000.00). The CONTRACTOR shall notify the COUNTY's representative, in writing, when ninety percent (90%) of the "not-to-exceed amount"__.has...been..reached.. The CONTRACTOR__will bill the COUNTY on a monthly basis, or as otherwise provided, at the amounts set forth in Exhibit B for services rendered toward the completion of the Scope of Work/Services. Where incremental billings for partially completed items is permitted, the total billings shall not exceed the estimated percentage of completion as of the billing date. °b. Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the COUNTY's representative, indicating that services have been rendered in conformity with the Contract. Approved invoices will be sent to the Finance Department for payment. Invoices will normally be paid within thirty(30)days following the COUNTY representative's approval. j C. Final Invoice: In order for both parties herein to close their books and records, ` the CONTRACTOR will clearly state final invoice on the CONTRACTOR'S final/last billing to the COUNTY. This shall constitute CONTRACTOR's certification.that all services have been properly performed and all charges and costs have been invoiced to the COUNTY. Any further charges, if not properly included on this final invoice, are waived by the CONTRACTOR. ARTICLE 5 - PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS j Pursuant to Palm Beach County Code, Section 2-421-2-440, as amended, Palm Beach County's Office of Inspector General is authorized to review past, present and proposed COUNTY contracts, transactions, accounts; and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the COUNTY, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 --2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. ARTICLE 6 -TRUTH-IN-NEGOTIATION CERTIFICATE Signature of this Contract by the CONTRACTOR shall also constitute the execution of a truth-in-negotiation certificate certifying that the wage rates, over-head charges, and other costs used to determine the compensation provided for in this Contract are accurate, complete, and current as of the date of the Contract and no higher than those 2 i charged the CONTRACTOR's most favored customer for the same or substantially similar service. The said rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the rates and costs were increased due to inaccurate, incomplete, or noncurrent wage rates or due to inaccurate representation(s)of fees paid to outside contractors. The COUNTY shall exercise its rights under this Article 6 within three (3)years following final payment. ARTICLE 7 -TERMINATION This Contract may be terminated by the CONTRACTOR upon sixty (60) days prior written notice to the COUNTY in the event of substantial failure by the COUNTY to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the COUNTY, with cause upon five (5) business days written notice to the CONTRACTOR or without cause upon ten (10) business days written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for services rendered to the COUNTY's satisfaction through the date of termination. After receipt of a Termination Notice, except as otherwise directed by the COUNTY, in writing, the CONTRACTOR shall: 1. Stop work on the date and to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. 3. Transfer all work in process, completed work, and other materials related to the terminated work to the COUNTY. 4. Continue and complete all parts of the work which have not been terminated. i ARTICLE 8 -PERSONNEL The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the COUNTY. All of the services required hereinunder shall be performed by the CONTRACTOR, or i under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. Any changes or substitutions in the CONTRACTOR's key personnel, as may be listed in Exhibit B, attached hereto and incorporated herein, must be made known to the 3 I COUNTY's representative and written approval must be granted by the COUNTY's representative before said change or substitution can become effective. The CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. j All of the CONTRACTOR's personnel (and all subcontractors) will comply with all j COUNTY requirements governing conduct, safety, and security while on COUNTY premises°. .. 1 ARTICLE 9 -CRIMINAL HISTORY RECORDS CHECK The CONTRACTOR's employees, subcontractors of CONTRACTOR and employees of I subcontractors shall comply with Palm Beach County Code, Section 2-371 through 2- 377, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), I, for unescorted access to critical facilities ("Critical Facilities") or criminal justice information facilities ("CJI Facilities") as identified in Resolution R-2003-1274, as amended. The CONTRACTOR is solely responsible for understanding the financial, schedule, and/or staffing implications of this Ordinance. Further, the CONTRACTOR acknowledges that its Contract price includes any and all direct or indirect costs associated with compliance with this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the COUNTY. This Contract may include sites and/or buildings which have been designated as either "critical facilities" or"criminal justice information facilities" pursuant to the Ordinance and Resolution R-2003-1274, as amended. COUNTY staff representing the COUNTY department will contact the CONTRACTOR(s) and provide specific instructions for meeting the requirements of this Ordinance. Individuals passing the background check will be issued a badge. The CONTRACTOR shall make every effort to collect the badges of its employees and its subcontractors' employees upon conclusion of the contract and return them to the COUNTY. If the CONTRACTOR or its subcontractor(s) terminates an employee who has been issued a badge, the CONTRACTOR must notify the COUNTY within two (2) hours. At the time of termination, the CONTRACTOR shall retrieve the badge and shall return it to the COUNTY in a timely manner. The COUNTY reserves the right to suspend the CONTRACTOR if the CONTRACTOR: 1)does not comply with the requirements of County Code Section 2-371 through 2-377, as amended; 2) does not contact the COUNTY regarding a terminated CONTRACTOR employee or subcontractor employee within,the stated time; or 3) fails to make a good faith effort in attempting to comply with the badge retrieval policy. ARTICLE 10 -SMALL BUSINESS ENTERPRISES SUBCONTRACTING s The COUNTY reserves the right to accept the use of a subcontractor, or to reject the selection of a particular subcontractor, and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Contract. The CONTRACTOR is encouraged to seek additional 4 i I i i small business enterprises for participation in subcontracting opportunities. If the CONTRACTOR uses any subcontractors on this project, the following provisions of this Article shall apply: If a subcontractor fails to perform or make progress, as required by this Contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONTRACTOR shall promptly do so, subject to acceptance of the new subcontractor by the COUNTY. 1. The Palm Beach County Board of County Commissioners has established a minimum goal for SBE participation of 15% on all County solicitations. 2. The CONTRACTOR agrees to abide by all provisions of the Palm Beach County Code establishing the SBE Program, as amended, and understands that failure to comply with any of the requirements will be considered a breach of contract. 3. The CONTRACTOR incorporates Schedule 1 List of proposed SBE-M/WBE Prime/Subcontractors) and Schedule 2 (Letter of Intent) attached hereto and made a part hereof, the names, addresses, scope of work, percentage and/or dollar value of the SBE-M/WBE participation on Schedule 1 and the Letter of Intent, Schedule 2, signed by each of the listed SBE-M/WBE sub-consultants on Schedule 1 agreeing to perform the contract at the listed percentage and/or ` dollar value. The CONTRACTOR understands that each SBE firm utilized. on this contract must be certified by Palm Beach County in order to be counted toward the SBE participation goal. 4. The CONTRACTOR understands that it is the responsibility of the department letting the contract and the Office of Small Business Assistance (OSBA) to monitor compliance with the SBE Ordinance requirements. In that regard, the CONTRACTOR agrees to furnish progress payment reports to both parties on the progress of the SBE-M/WBE participation on each pay application submitted. 5. The CONTRACTOR further agrees to provide OSBA with a copy of their contract with the SBE sub-consultant or any other related documentation upon request. 6. After contract award, the successful CONTRACTOR will only be permitted to replace a certified SBE subcontractor who is unwilling or unable to perform. Such substitution must be done with other certified SBEs in order to maintain the proposed SBE percentages submitted with the proposal. Requests for f substitutions must be submitted to the department issuing the Request for Proposal and the OSBA. I i 1 (I i 5 i 7. The CONTRACTOR understands that s/he is prohibited from making any agreements with the SBE in which the SBE promises not to provide sub consultant quotations to other proposers or potential proposers. 8. The CONTRACTOR agrees to maintain all relevant records and information necessary to document compliance with the Palm Beach County Code and will allow the COUNTY to inspect such records. ARTICLE-1.1--FEDERAL AND-STATE TAX The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The COUNTY will provide an exemption certificate submitted by the CONTRACTOR. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the COUNTY, nor is the ! CONTRACTOR authorized to use the COUNTY's Tax Exemption Number in securing such materials. The CONTRACTOR shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this Contract. ARTICLE 12 -AVAILABILITY OF FUNDS i The COUNTY's performance and obligation to pay under this Contract is contingent upon an annual appropriation for its purpose by the Board of County Commissioners. ARTICLE 13 -INSURANCE REQUIREMENTS It shall be the responsibility of the CONTRACTOR to provide initial evidence of the following minimum amounts of insurance coverage to Palm Beach County, c/o Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415, Attention: Monique Williams, Buyer. Subsequently, the CONTRACTOR shall, during the term of the Contract, and prior to each renewal thereof, provide such evidence to Palm Beach County Risk Management Department, c/o Scott Marting, Property & Casualty — Insurance & Claims Manager at smartincic@ybcgov.org, prior to the expiration date of each and every insurance required herein. The CONTRACTOR shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Contract, insurance coverages and limits (including endorsements) as described herein. Failure to maintain the required insurance will be considered default of the Contract. The requirements contained herein, as well as COUNTY's review or acceptance of insurance maintained by CONTRACTOR, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CONTRACTOR under the Contract. CONTRACTOR agrees to notify the COUNTY with at least ten (10) days prior notice of any cancellation, non-renewal or material change to the insurance coverages. Further, CONTRACTOR shall agree that all insurance coverage required herein shall be provided by CONTRACTOR to COUNTY on a primary basis. 6 A. Commercial General Liability: CONTRACTOR shall maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement(s) excluding Contractual Liability or Cross Liability. B. Business Auto Liability: CONTRACTOR shall maintain Business Auto Liability at a limit of liability not less than $500,000 Each Occurrence for all owned, non- owned, and hired automobiles. In the event CONTRACTOR owns no automobiles;'the'Business Auto Liability requirement*shall be'amended-'allowing CONTRACTOR to maintain only Hired & Non-Owned Auto Liability. If vehicles are acquired throughout the term of the contract, CONTRACTOR agrees to purchase "Owned Auto" coverage as of the date of acquisition. This amended requirement may be satisfied byway of endorsement to the Commercial General Liability, or separate Business Auto coverage form. C. Workers' Compensation Insurance & Employer's Liability: CONTRACTOR shall maintain Workers' Compensation & Employer's Liability in accordance with Florida Statute Chapter 440. D. Professional Liability: CONTRACTOR shall maintain Professional Liability, or equivalent Errors & Omissions Liability, at a limit of liability not less than $1,000,000 Per Occurrence. When a self-insured retention (SIR) or deductible exceeds $10,000, COUNTY reserves the right, but not the obligation, to review and .request a copy of CONTRACTOR's most recent annual report or audited financial statement. For policies written on a "Claims-Made" basis, CONTRACTOR warrants the Retroactive Date equals or preceded the effective date of this Contract. In the event the policy is canceled, non-renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a Supplement Extended Reporting Period (SERP) during the life of this Contract, CONTRACTOR shall purchase a SERP with a minimum reporting period not less than three (3) years. The requirement to purchase a SERP shall not relieve the CONTRACTOR of the obligation to provide replacement coverage. The Certificate of Insurance providing evidence of the purchase of this coverage shall clearly indicate whether coverage is provided on an "occurrence" or "claims - made" form. If coverage is provided on a "claims - made"form the Certificate of Insurance must also clearly indicate the "retroactive date"of coverage. E. Additional Insured Clause: Except as to Business Auto, Workers' Compensation and Employer's Liability (and Professional Liability, when applicable) the Certificate(s) of Insurance shall clearly confirm that coverage required by the Contract has been endorsed to include Palm Beach County as an Additional Insured. F. Waiver of Subrogation: CONTRACTOR hereby waives any and all rights of Subrogation against the COUNTY, its officers, employees and agents for each 7 required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy which includes a condition to the policy specifically prohibiting such an endorsement or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. G. Certificates of Insurance: Within forty-eight (48) hours of the COUNTY's request to do so, the CONTRACTOR shall deliver to the COUNTY via the Insurance Company/Agent a signed Certificate(s)of Insurance evidencing that all types and amounts of insurance coverages required by this Contract have been obtained and are in full force and effect. During the term of the Contract and prior to each subsequent renewal thereof, the CONTRACTOR shall provide this evidence to Palm Beach County Risk Management Department, c/o Scott Marting, Property & Casualty — Insurance & Claims Manager at smarting0pbcgov.orq, prior to the expiration date of each and every insurance required herein. Said Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify due to cancellation (10 days for nonpayment of premium)or non-renewal of coverage. H. Umbrella or Excess Liability: If necessary, CONTRACTOR may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The COUNTY shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. I. Right to Revise or Reject: COUNTY, by and through its Risk Management Department in cooperation with the contracting/monitoring department, reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the term of this Contract. COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. ARTICLE 14 -INDEMNIFICATION CONTRACTOR shall protect, defend, reimburse, indemnify and hold COUNTY, its agents, employees and elected officials harmless from and against any and all claims, liability, loss, expense, cost, damages, or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, 8 arising during and as a result of their performance of the terms of this Contract or due to the acts or omissions of CONTRACTOR. ARTICLE 15 -SUCCESSORS AND ASSIGNS The COUNTY and the CONTRACTOR each binds itself and its partners, successors, executors, administrators and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the COUNTY nor the CONTRACTOR- shall-assign, sublet, convey, or transfer its' interest -in this Contract, without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the COUNTY, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the COUNTY and the CONTRACTOR. ARTICLE 16 - REMEDIES This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Contract, including but not limited to any citizen or employees of the COUNTY and/or CONTRACTOR. ARTICLE 17 -CONFLICT OF INTEREST The CONTRACTOR represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided for in Chapter 112, Part 111, Florida Statutes and the Palm Beach County Code of Ethics. The CONTRACTOR further represents that no person having any conflict of interest shall be employed for said performance or services. The CONTRACTOR shall promptly notify the COUNTY's representative, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence, or appear to influence, the CONTRACTOR's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONTRACTOR may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the CONTRACTOR. The COUNTY agrees to notify the CONTRACTOR of its opinion 9 by certified mail within thirty (30) days of receipt of notification by the CONTRACTOR. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONTRACTOR, the COUNTY shall so state in the notification and the CONTRACTOR shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in f conflict of interest with respect to services provided to the COUNTY by the CONTRACTOR under the terms of this Contract. ARTICLE 18'-'EXCUSABLE-DELAYS The CONTRACTOR shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the CONTRACTOR, or its subcontractor(s), and without their fault or negligence. Such causes include, but are not limited to: acts of God; force majeure; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Upon the CONTRACTOR's request, the COUNTY shall consider the facts and extent of any failure to perform the work; and, if the CONTRACTOR's failure to perform was without it or its subcontractors' fault or negligence, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly, subject to the COUNTY's rights to change, terminate,or stop any or all of the work at any time. ARTICLE 19 -ARREARS The CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract. ARTICLE 20 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS i The CONTRACTOR shall deliver to the COUNTY's representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the COUNTY under this Contract. To the extent allowed by Chapter 119, Florida Statutes, all written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the COUNTY, or at its expense, will be kept confidential by the CONTRACTOR and will not be disclosed to any other party, directly or indirectly, without the COUNTY's prior written consent, unless required by a lawful court order. All drawings, maps, sketches, programs, data bases, reports and other data developed or purchased under this Contract for the COUNTY, or at the COUNTY's expense, shall be and remain the COUNTY's property and may be reproduced and reused at the discretion of the COUNTY. 10 s All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation of the transactions contemplated hereby. ARTICLE 21 - INDEPENDENT CONTRACTOR RELATIONSHIP The---CONTRACTOR--is�- and shall- be, in--theperformance---of--all- work, services,--and- activities under this Contract, an Independent Contractor and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR's sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONTRACTOR's relationship, and the relationship of its employees, to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. The CONTRACTOR does not have the power or authority to bind the COUNTY in any promise, agreement, or representation other than specifically provided for in this Contract. ARTICLE 22 -CONTINGENT FEE The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract. ARTICLE 23 PUBLIC RECORDS, ACCESS AND AUDITS The CONTRACTOR shall maintain records related to all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Contract. The COUNTY shall have access to such records as required in this section for the purpose of inspection or audit during normal business hours, at the CONTRACTOR's place of business. Notwithstanding anything herein to the contrary, as provided under Section 119.0701, F.S., where the CONTRACTOR: (1) provides a service and (ii) acts on behalf of the COUNTY as provided under Section 119.011(2) F.S., the CONTRACTOR is required to: 1) maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service; 11 2) provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided by Florida law; 3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and 4) meet all requirements for retaining public records and transfer, at no cost, to the COUNTY all public records in posse_ssion of the CONTRACTOR upon termination of-tl�e,contract arid destroy any duplicate-public-'recor s'1 16t---tire exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the COUNTY. Failure of the CONTRACTOR to comply with.these requirements shall be a material breach of this Contract. ARTICLE 24 - NONDISCRIMINATION The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, or gender identity and expression. ARTICLE 25 -AUTHORITY TO PRACTICE The CONTRACTOR hereby represents and warrants that it has, and will continue to maintain, all licenses and approvals required to conduct its business; and, that it will, at all times, conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request. ARTICLE 26 -SEVERAEILITY If any term or provision of this Contract or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 27 - PUBLIC ENTITY CRIMES As provided in F.S. 287.132-133, by entering into this Contract or performing any work in furtherance hereof, the CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and .consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 12 ARTICLE 28 -SCRUTINIZED COMPANIES (when contract value is greater than $1 million As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473. If the COUNTY determines, using credible information available to the public, that a false certification has been submitted by CONTRACTOR, this Contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135. ARTICLE 29 -MODIFICATIONS OF WORK The COUNTY reserves the right to make changes in Scope of Work, including alterations, reductions therein, or additions thereto. Upon receipt by the CONTRACTOR of the COUNTY's notification of a contemplated change, the CONTRACTOR shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change; (2) notify the COUNTY of any estimated change in the completion date; and (3) advise the COUNTY if the contemplated change shall affect the CONTRACTOR's ability to meet the completion dates or schedules of this Contract. If the COUNTY so instructs, in writing, the CONTRACTOR shall suspend work on that portion of the Scope of Work affected by a contemplated change, pending the COUNTY's decision to proceed with the change. If the COUNTY elects to make the change, the COUNTY shall initiate a Contract Amendment, and the CONTRACTOR shall not commence work on any such change until such written amendment is signed by the CONTRACTOR and approved and executed on behalf of Palm Beach County. ARTICLE 30 -NOTICE All notices required in this Contract shall be sent by certified mail (return receipt requested), hand delivered, or sent by other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to: Kathleen M. Scarlett, Director I Purchasing, Palm Beach County 50 South Military Trail, Suite 110 West Palm Beach, FL 33415 13 With a copy to: Nancy Bolton, Director Risk Management, Palm Beach County 100 Australian Avenue, Suite 200 West Palm Beach, FL 33406 If sent to the CONTRACTOR, notices shall be addressed to: Rick Lopez, President and CEO Insurance Tracking Services, Inc. 110 W. Ocean Blvd., Suite 602 Long Beach, CA 90802 ARTICLE 31 -ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other i than those stated herein. None of the provisions, terms, and conditions contained in the Contract may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto in accordance with Article 29 - Modifications of Work. ARTICLE 32 -REGULATIONS; LICENSING REQUIREMENTS: The CONTRACTOR shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. CONTRACTOR is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered. THE REST OF THIS PAGE LEFT BLANK INTENTIONALLY 14 IN WITNESS WHEREOF, the Director of Purchasing of Palm Beach County, Florida, on behalf of the COUNTY, and the CONTRACTOR have executed this Contract on the day and year above written. PALM BEACH COUNTY, FLORIDA FOR ITS BOARD OF COUNTY COMMISSIONERS BY KATHLEEN M. SCARLETT DIRECTOR OF'PURCHASING Kathleen M. Scarlett, Director WITNE SE CONTRACTOR: Insurance Tracking ices Inc. Signature Comp e I�Lh(a ,d �c,,�r,.c,;t�5 BY: Name (type or print) Signature Rick Lopez Signature'- ignature Typed Name J President and CEO Name (typb or print) Title i APPROVED AS TO FORM AND LEGAVXUFFICIENCY f�rJ d, 1 By. Co my Attorn 15 EXHIBIT A SCOPE OF WORKISERVICES Contract No. 13-100/MW 'I. PURPOSE: The CONTRACTOR shall provide a web-based certificate of insurance tracking system that has'' both, a full service and a self service option. This system shall be all encompassing and at a minimum include the capability to input, store, track, archive, manage and individually review approximately 7,000+ Certificates of Insurance. The process of implementing the system shall be done department by department with the assistance of the CONTRACTOR. Both the full service and self service option shall share the same web-based program. The full service system shall be run using off site employees from the Contractor, while the self service system shall use on site employees of the County from each participating department to perform the day to day operations of the program. i i 2. FULL SERVICE INSURANCE CERTIFICATE TRACKING SYSTEM REQUIREMENTS At a minimum, CONTRACTOR shall provide a full service web-based insurance certificate tracking system that shall: 2.1 Accommodate numerous unique insurance risk profiles. A risk profile is defined as a specific profile that indicates what coverages and amounts of insurance are required for each type of contract (such as janitorial services, professional and consulting services, etc). The system should also allow for alterations or waivers to certain parts of the risk profiles. (Attachment A is a risk profile example). i 2.2 Monitor and address multiple lines of insurance coverages that may be required by contract. For example, the COUNTY has a variety of contracts that may require eight or more insurance coverage types (commercial general liability, business automobile liability, workers' compensation, I property and professional liability, etc.) which also may require additional insured status for more than one party, primary language, waiver of subrogation, contractual liability, loss payee and replacement cost for property coverage. 2.3 Track deficiencies within a certificate of insurance individually for 1 reference or review by the COUNTY at any time. � 2.4 Comply with a 48 hour processing time for Certificates of Insurance to be entered into the system, have the information reviewed for compliance � with COUNTY requirements, and receive feedback regarding either compliance or any identified deficiencies. 16 2.5 Provide a mechanism for the COUNTY to track Certificates of Insurance by contract number as well as by vendor name. 2.6 Verify the accuracy of any and all outstanding insurance deficiencies. 2.7 Customize deficiency notices based on different contract templates and send them to non-compliant vendors as needed in an escalating manner and keeping viewable logs documenting each communication from all parties. 2.8 Notify COUNTY in a timely manner (within five (5) days of expiration of a COI)when a vendor is not responsive or non-complaint. 2.9 Enable the COUNTY to communicate waiver(s) of requirements or exceptions to standard requirements on a one-off basis. 2.10 Provide a procedure for handling unmatched certificates (i.e., those certificates that cannot be readily paired with contract information provided by COUNTY). 2.11 Provide reports and/or allow COUNTY to build specialized reports based on all information contained or tracked in the database. 2.12 Provide user ID's and passwords that can be utilized by each authorized COUNTY employee to access the web-based insurance certificate tracking system from any COUNTY laptop or desktop computer. These passwords must be unlimited in number, but have the ability to provide different layers of viewing based on roles each user has in the system. 2.13 Store historical records (including contract numbers) on Active and Inactive agreements. Though not the standard contract length, COUNTY has contracts that are in effect for up to five (5)years or more. 2.14 Supply a dedicated address, phone number, fax number and e-mail address for the COUNTY's use. 2.15 Provide on-line web-based training, tutorial/demo, instructions and technical support at no additional charge to the COUNTY. 2.16 Provide in person training (as requested). Fees for this training shall be all inclusive on a per day basis and must be submitted as a fee on the price sheet submitted by the CONTRACTOR. i 17 i 3. SELF SERVICE INSURANCE CERTIFICATE TRACKING SYSTEM REQUIREMENTS: CONTRACTOR shall provide a self service web-based insurance certificate tracking system that shall: 3.1 Accommodate numerous unique insurance risk profiles. A risk profile is defined as a specific profile that indicates what coverages and amounts of insurance are required for each contract or type of contract (such as janitorial services, professional and consulting services, etc). The system should also allow for alterations or waivers to certain parts of the risk profiles. (A risk profile example is attached in Attachment A). 3.2 Allow the COUNTY to monitor and address multiple lines of insurance coverage that may be required by contract. 'For example, the COUNTY has a variety of contracts that may require eight or more insurance coverage types (commercial general liability, business automobile liability, workers' compensation, property and professional liability, etc.)which also may require additional vendor status for more than one party, primary language, waiver of subrogation, contractual liability, loss payee and replacement cost for property coverage. 3.3 Provide a mechanism for the COUNTY to track deficiencies within a certificate of insurance individually for reference or review by the COUNTY at any time. 3.4 Comply within a 48 hour processing time for Certificates of Insurance to be entered into the system (if entered by CONTRACTOR). 3.5 Provide a mechanism for the COUNTY to track Certificates of Insurance by contract number as well as by vendors name. 3.6 Allow the COUNTY to customize deficiency notices based on different contract templates that can be sent to non-compliant vendors by the COUNTY as needed. 3.7 Provide a viewable log that shall allow COUNTY users to document each communication/interaction or note to file for each vendor. 3.8 Enable the COUNTY to insert waiver(s) of requirements or exceptions to standard requirements on a one-off basis. 3.9 Allow COUNTY to store additional paperwork related to the vendor's insurance requirements (e-mails, waivers, endorsements etc.) with the certificates of insurance. 3.10 Allow for the generation of reports on Active and Inactive Vendors as requested by the COUNTY. 18 3.11 Provide user ID's and passwords that can be utilized by each authorized COUNTY employee to access the web-based insurance certificate tracking system from any COUNTY laptop or desktop computer. These passwords should be unlimited in number, but have the ability to provide different layers of based on roles each user has in the system. 3.12 Store historical records (including contract numbers) on Active and Inactive contracts. Though not the standard contract length, COUNTY has contracts that are in effect for up to five (5)years or more. 3.13 Supply a dedicated address, phone number, fax number and e-mail address for the COUNTY's use. 3.14 Provide on-line web-based training, tutorial/demo, instructions and technical support at no additional charge to the COUNTY. 3.15 Provide in person training (as requested). Fees for this training shall be all inclusive on a per day basis and must be submitted as a fee on the price sheet submitted by the CONTRACTOR. 4. TRANSFER OF CONTRACTMATA 4.1 In the event of a termination of the contract the COUNTY shall own all data. Within thirty (30)days after termination of the contract, the CONTRACTOR shall transfer all data to the COUNTY, which shall become the sole property of the COUNTY. 4.2 CONTRACTOR shall pull and dispose of documents and correspondences that have reached the end of a five (5) year retention period. The COUNTY requires the CONTRACTOR to send an electronic copy of all records prior to disposal. This can be done on a CD-Rom or other easy to read formats. 5. DELIVERABLES The CONTRACTOR shall: A. Initial Account configuration 1. Allow for or provide data conversion and/or manual entry of vendors from current insurance tracking system into CONTRACTOR'S insurance tracking system within three (3) months of the initial contract start date (if requested by COUNTY). 2. Provide on-line/web-based or in person training courses for COUNTY staff insurance tracking system. 19 B. Variable Start-up Fees (Full Service Only) 1. Research non-verifiable addresses of vendor address records in the COUNTY-provided data that cannot be verified by certified address verification software and for which no e-mail address, fax number or phone number is provided. 2. Research foreign (non-US) addresses of vendor address records in the COUNTY-provided data that cannot be verified. 3. Remove duplicates of vendors that are deemed to be duplicates in the COUNTY-provided data. C. "Full Service"Web-based Certificate Management Services 1. Provide COUNTY access to web-based services administered by CONTRACTOR to track, store, manage an unlimited amount of certificates of insurance and vendor information that can be accessed, viewed and analyzed as needed by COUNTY employees. 2. Provide mutually agreed upon standardized correspondence letters that COUNTY employees can access from the web-based program to be sent to vendors. D. "Self Service" Web-based Certificate Management Services 1. Provide COUNTY access to web-based services to track, store, manage an unlimited amount of Certificates of Insurance and vendor information that can be accessed, viewed, analyzed and updated as needed with the same functionality as a full service system, but administered by the COUNTY under the guidelines and supervision set forth by the CONTRACTOR. 2. Provide mutually agreed upon standardized correspondence letters that COUNTY employees can access from the web-based program to be sent to vendors. E. Insurance Requirement Profiles 1. Accommodate an unlimited amount of unique insurance requirement profile templates per contract year. 2. Include a mechanism to allow for individual alterations to a requirement profile that is assigned to an active vendor and that may impact compliance status (i.e., requires re-validation of all affected vendors). 20 F. Internet User Logins 1. Provide unlimited internet user logins with unique passwords and user ID's. 2. Provide different levels of access to the above internet user logins as designated by COUNTY. G. Summary of Scanned or Entered Certificates If not readily available on line, provide a CD-ROM or other easy to read format summary of any or all Certificates of Insurance upon request. H. Written Correspondence For the Full Service option, the CONTRACTOR shall provide up to six (6) written correspondences (for renewals, corrections, changes, etc.). This includes mail, e-mail, letters, and faxes. 1. Retention of Paper Copy Documents 1. Retain all insurance documents and correspondences for or up to a minimum of five (5)years or for the life of the contract, whichever is greater. 2. Pull and dispose of documents and correspondences that have reached the end of year retention period (document must be saved and shipped on a CD-Rom to the COUNTY prior to disposal). J. Bulk Entry of Documents Accommodate for bulk entry (if desired by COUNTY) of vendors as additional departments are added to the insurance certificate tracking system program. K. Telephone Correspondence In the event written correspondence is unsuccessful, provide interaction with the vendors, via the telephone at no additional charge. L. Additions and Enhancements Provide COUNTY requested additions and enhancements to the system. If this work constitutes an additional fee, a written estimate from the CONTRACTOR and written approval by the contract administrator for the COUNTY is required prior to any work taking place. 21 6. SERVICE LEVEL REQUIREMENTS 6.1 CONTRACTOR shall provide services that meet or exceed stated expectations and as such shall require compliance with the following performance standards: a. Respond to telephone, voice mail, fax and e-mail inquiries from COUNTY within twenty-four (24) hours, Monday through Friday, or no later than the next business day'if received on a weekend or holiday. b. Provide a dedicated representative to respond to inquiries within one (1)business day. C. Conduct themselves in a professional and courteous manner when responding to inquiries from COUNTY staff. 22 I H h0. 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Ln Z> a vi Q Jar o: O Ln 4 J Y try u try J �} r-i a J {A Q -lC N Q 'V i.l U' O -1 p -� to 00 Y t4 ED Y -..,e N C7 a o 0 0 4 Ln — '�, o o L 0 G m to N Ln L m Ln r-I Ln L N 0 � r-I O Ln L Ln o m Ln L U) L!1 ri LL +r> 'V? a m v)- vh aV� a t4 l? Q tlY a v} v t/} a m i!3 a. tr) Q try a 1( Y.:0 !-" .Lr c+n d' Ln in n co M a e-L N M d' LA N o0 .; Tr d' d R* LA LA M LA LA LA LA LA Ln ��: EXHIBIT B CONTRACTOR'S PROPOSAL Dated November 14, 2013 Contract No. 13-100/MW (Consisting of 33 pages) 'i i i 26 j r Insurance Tracking Services,Inc.(ITS) Response to Request for Proposal for Insurance Certificate Tracicing System Palm Beach County,Florida i i z . I i i Insurance TServices, 10-c. Response to i Request for Proposal for Insurance Certificate Traicking System RFP NO. 13-100/MW Palm Beach County, Florida i . i i Proposal Disclosure Notice: This proposal expires at 5:001PM Pacific Time on Monday,March 24,2014. Palm Beach County,Florida and Insurance Tracking Services,Inc.acknowledge that this proposal is not a contract,not an offerthat can be accepted j and made binding,and has no binding force or effect.The only agreement that may be made binding shall be a fully executed Service Agreement prepared by Insurance Tracking Services,Inc.and Palm Beach County,Florida which states the terms and conditions contained In that Agreement. The information and/or electronic document(s)transmitted herewith is sensitive,confidential and proprietary information to Insurance Tracking Services,Inc.Intended only for use to the individual or entity to whom it is addressed.Any review,use,distribution or disclosure to third parties is strictly prohibited. i i 0 Copyright 2013 insurance Tracking Services,Inc.(ITS)All rights reserved. 1 P a g e Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third parties Is strictly prohibited. I 111amncen2dmng Services.Inc,mw Response to Request for Proposal for Insurance Cemnmm Tracking system � Palm Beach County,rmnoo Table of Contents Letterof Trenmnmit%m.,..~..................-.---...-................................,...~.,......._..~.~..3 3.1—Experience/Qualification/Background/References—.-.'.--'-'---------`'---_,,.,...S 3.2—Project Apprmamh/Umdmrstmm ding.....................................................................................................1U 3.3—Key Personnel and Operations Information.....................................................................................15 3.4—Location..............................................................................................................................................21 | � 3.5—Finamcim l Business Stability.............................................................................................................22 | i 3.6—Price Proposal Information................................................................................................................J3 � � | 3.7—Business Information.........................................................................................................................2g 3.9—Amendments to the RFP....................................................................................................................3U i 3.9—Additional Information......................................................................................................................31 ! Appendix 0/-Drug-Free Workplace Certification......................................................................................33 � ! ' � . � ` ' � | 0 Copyright 2013 Insurance Tracking Services,Inc.(InS)All rights reserved. / � Document contains ITS!confidential and proprietary Information.Reproduction m disclosure to third parties u strictly prohibited. ! ' / Insurance Tracking Services,Inc.(ITS) Response to Request for Proposal for ; Insurance Certificate Tracking System Palm Beach County,Florida Letter of Transmittal INSURANCE 'TRACKING SERVICES, INC. Corporate Office•110 West Ocean Boulevard,Sulte 602•long Bead,CA 90802 Pie 562.435.2955•Fox:562435.2999 November 14,2013 Re:Letter of Transmittal I SENT VIA:FEDERAL EXPRESS—OVERNIGHT DEL}VERY Monique Williams,Buyer Palm Beach County—Purchasing Department 50 S.Military Trail,Ste.110 West Palm Beach,FL 33415 j I Dear Ms.Williams, Thank you for the opportunity to respond to Palm Beach County's forrnal request for proposal i for an Insurance Certificate Tracking System. Insurance Tracking Services,Inc.,a California corporation(ITS),Is.a specialty firm that offers fully outsourced certificate of insurance tracking solutions;We tape on the responsibility to request certificates of insurance on your behalf and report compliance based upon contract insurance requirements.We correspond directly with all parties required to provide insurance,as well as their insurance representatives,ensuring they are Informed of your insurance requirements.We perform all of the necessary follow up communication in order for the contracted parties to establish compliance with their respective insurance requirements. ITS combines insurance expertise with Innovative technology to streamline the risk transfer administration process.Our staff of licensed insurance professionals manage each customer account. These individuals are responsible for reviewing certificates of insurance and endorsements to confirm compliance with the contract insurance requirements. The same individuals are also responsible for facilitating all inquiries related to insurance compliance.This provides our customers with assurance that staff has the requisite insurance background to understand their requirements,and to effectively communicate with all parties involved In the certificate tracking process.Another important consideration,since ITS staffs licensed insurance professionals to manage each account,we can legally provide our customers whit Insurance advice and insure against any potential errors with our company's professional liability/errors and omissions insurance coverage. ITS dearly understands and is committed to the provision of services that are the subject of this RFP.All work will be self-performed by employees of ITS;we do not subcontract out any of our' responsibilities. www. insTracking .com ®Copyright 2013 Insurance Tracking Services,Inc.(ITS)All rights reserved. 3 I P a g e Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third parties is strictly prohibited. hisurance Trackking Services,Inc.(ITS) Response to Request For Proposal for Insurance Certificate Tracking System Palm Beach County,Florida We look forward to potentially working with Palm Beach County to develop and Implement an effective and efficient Insurance certificate tracking and compliance verifk-Aon program. You may direct all questions relating to this proposal to Mr.Rick Lopez via email at: rick.lopez@lnstracking.com. Sincerely, 1 . R-' Rick Lopez President and CEO rlek.lopez @instracking.com 888-435-2955 ext.549 I i i I i www.insTracking .com I ®Copyright 2013 Insurance Tracking Servlces,Inc.(ITS)All rights reserved. 4 f P a g e Document contains ITS'confidential and proprietary Information.Reproduction or disclasure to third parties is strictly prohibited. i I . i i Insurance Tracking Services,Inc.(ITS) Response to Request for Proposal for Insurance Certificate'tracking System Palm Beach County,Florida 3.1) Experience/Qualification/Background/References 3.1.1 Each proposer shalt submit a detailed statement of their experience,qualifications,and background for providing a web-based insurance certificate tracking system that has both a full service and self service component. ITS was formed when demand for custom software services and.specialized outsourcing solutions for insurance certificate management emerged in the late 1990's. Our ready--to-use innovations transformed the way organizations handle their insurance certificate tracking responsibilities. Below is a list of major business events that contribute to our company-heritage: 1998 ITS developed one of the first automated insurance tracking software applications for use by enterprise customers. 1999 ITS developed a self-service,or software-as-a-service soluition,for insurance certificate tracking and compliance verification. 2001 ITS developed a fully outsourced certificate of insurance management solution. 2003 ITS implemented online insurance reporting facilities for subscribers of the fully outsourced certificate of insurance tracking service. 2005 An online "Insured Login" portal was deployed, enabling clients' contracted parties to view their insurance compliance status in real-time. 2006 Contract archiving feature was added to the website,allowing customers to store and retrieve contracts from a secure website. 2007 The ability to attach sample insurance certificates and endorsements to compliance notifications was added to the ITS system. 2008 The ability to track deductibles and self-insured retention amounts for required Insurance policies was added to the ITS system. 2010 ITS online insurance reports were enhanced with the ability to download certain reports in Microsoft Excel format. 2011 The ability to track Experience Modification Ratings for Workers Compensation was added to the ITS system. 2012 ITS system underwent substantial modifications enabling ITS to track commercial Insurance coverage in over 50 different countries. 2013 The ITS system is undergoing several key enhancements to integrate add-in Risk^Management Information System (RMIS} modules for claims administration, incident and claims reporting and tracking, enterprise-level insurance policy management, litigation management and tracking,fleet and asset tracking. ICJ Copyright 2053 Insurance Tracking Services,Inc.(ITS)WI rights reserved. 51 P a g e Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third partles is strictly prohibited. i Insurance Tracking Services,Inc.{ITS) j Response to Request for Proposal for j Insurance Certificate Tracking System Palm Beach County,Florida I I IT Considerations ITS replies upon an intricate and proprietary custom software program to manage customer certificate of insurance data, images and correspondence.The program,developed by ITS,acts as the sole source of insurance compliance information, It enables ITS to track contracted parties'certificates of insurance by location, contract type and to discern between-different sets of insurance requirements. The standard features available in our program are requisite to implementation of an efficient certificate of insurance tracking solution. Some of those features include: I � 1 o Comparing certificates received against preset insurance requirements. This removes the guesswork from evaluating certificates for compliance. o Tracking of A.M. Best & Co. Financial Strength Rating information for each insurance company and the respective policy entered into the system. ITS receives alerts from A.M. Best & Co. when insurance companies' Financial Strength Ratings change. The ITS system is immediately updated whenever an insurance carrier is upgraded or downgraded. I o Easily store and retrieve images of certificates of insurance, endorsements and correspondence. Simple to Import files(in PDF or TIFF format)and link them to the appropriate contracted party's profile.it also permits scanning of physical documents directly into the program. o Generate and broadcast highly detailed, fully customizable letters to communicate insurance requirements to the contracted parties required to provide insurance. o Web based system allows authorized users to view insurance compliance reports, scanned certificate images and contracts from anywhere in the world. E o Web based insured reports allow authorized contracted parties the ability to view their own insurance compliance status 24/7. f ` o Electronic archival of contracts that can be viewed by ITS staff from the front-end or by authorized web users via the ITS online insurance reports. o Logically constructed graphic user interface makes data entry simple and intuitive for ITS staff. o Pre-loaded with myriad useful reports,enabling iTS to quickly produce reports specific to the customer's s needs. i i o Password authentication prevents unauthorized persons from accessing customer data. ITS industry recognition Includes: a In 2012,Marsh, Inc.,the world's largest insurance broker firm,entered into a strategic partnership with ITS to begin offering its clients with comprehensive certificate of insurance tracking services.An excerpt from their press release is below- "'Marsh Marsh has surveyed the market, and based on decades of experience in the Iinsurance industry providing brokerage and administration services,we have i partnered with Insurance Tracking Services,Inc. (ITS)to provide comprehensive ®Copyright 2013 Insurance Tracking Services,inc.(ITS)All rights reserved. 6 I P a g e Document contains ITS'confidential and proprietary Information.Reproduction or disclosure to third parties Is strictly prohibited. Insurance Tracking Services,Inc.(ITS) Response to Request For Proposal for Insurance Certificate Tracking System Palm Beach county,Florida certificate trackihrg services to our clients. This program provides technological advantages,insurance trained specialists,and prompt and responsive service to ensure your insurance requirements are being met." (Reference: http://uso.rnarsh.com/ProductsServices/MarshSolutlons/ID/2.1990/Insurance-Tracking- Services.aspx) • In 2011, ITS was evaluated and recognized by the International Risk Management institute (IRMi).IRMI's Contractual Risk Transfer publication includes a stellar review of ITS'fully outsourced certificate of insurance tracking service.Access to this publication requires the purchase of IRMI's Contractual Risk Transfer book(see www.irmi.com for more information). • In 2007&2008,Rick Lopez,President and Founder of ITS,appeared as a guest speaker at IRMI's Risk&Insurance Conference. • In 2006,Rick Lopez,President and Founder of ITS,appeared as a guest speaker at West Coast Casualty's Insurance Conference. As the most technologically sophisticated provider in the marketplace, ITS has contributed significant innovations to the certificate of insurance management industry. ITS was the first certificate of insurance tracking company to employ licensed insurance professionals to evaluate contract language; insurance policies and endorsements. In addition, ITS was the first company to bring an Insured-login portal to market.We were also the first company to offer a contract archiving platform that Is fully integrated with the certificate of insurance tracking system. This confluence of contracts plus certificates of insurance within.a unified knowledgebase is perhaps the most robust and effective insurance risk transfer mechanism available in the marketplace today. 3.1.2 Each proposer should submit a minimum of five(5)references demonstrating the successful provision of a web- based insurance certificate tracking system,with at least three(3)being on a full service basis within the past three (3)years. Each reference should include the following: a. Name of client company,contact names,addresses,telephone/fax numbers,dollar amount of contracts and dates of service. b. Scope of Work,types of services performed and number of full-time staff provided. c. Whether the service provided was full or self-serve. Ann Robinson,Program Manager Massachusetts Port Authority(Massport) E-mail:arobinson @massport.com Telephone:(617)568-7414 Services Provided:onsite support and full service certificate of insurance tracking lndustry:Transportation Authority—Airport,Railway&Port of Entry Yolanda Jones,Purchasing Manager City of Las Vegas,Nevada Telephone:(702)229-5021 Email:yjones @LasVegasNevada.GOV 0 Copyright 2013 Insurance Tracking Services,Inc.(n'S)All rights reserved. 7 P a g e Document contains ITS'confidential and proprietary Information.Reproduction or disclosure to third parties is strictly prohibited. . I i I I Insurance.Tracking Services,Inc.(ITS) Response to Requesi for Proposal for Insurance Certificate'tracking System Palm Seach County,Florida Services Provided:full service certificate of insurance tracking Industry:Municipality Jim Hollis,Assistant Risk Manager City of Miramar,Florida Telephone:(954)602-3819 Email:jhhollis @ci.miramar.fl.us Services Provided:full service certificate of insurance tracking Industry:Municipality Susan A.Orr,Risk Manager County of Kern,California Telephone:(661)868-3808 Email:sorr@co.kern.ca.us Services Provided:full service certificate of insurance tracking Industry: Municipality Sharon Hauht,Manager of Purchasing&Contracts Regional Transportation Commission of Southern Nevada Telephone:(702)676-1559 Email: hauhts@rtcsnv.com Services Provided:full service certificate of insurance tracking Industry:Transportation Authority--Transit Steve Holman,Buyer I Southern California Regional Rail Authority(Metrolink) Email questionnaire to:holmans@scrra.net Services Provided:full service certificate of insurance tracking Industry:Transportation Authority—Railway Gabriela Madrid,Sr.Coordinator Risk Management/Loss Prevention TGI Friday's Inc.l Carlson Telephone:(972)662-5683 Email:gmadrid @carlson.com Services Provided:full service certificate of insurance tracking Industry:Hotel&Restaurant Franchise Larry L.Justice,Jr.,General Counsel The Bartech Group Telephone:(734)462-2360 Email:Ijustice@bartechgroup.com Services Provided:full service certificate of Insurance tracking Industry:Workforce Management George Pink,Assistant Insurance Risk Manager Capital One Financial Corporation Telephone:(804)284-3277 Email:george.pink.11 @Capitaione.com m copyright 2413 Insurance Tracking Services,Inc.(ITS)All rights reserved. 8 P a g e Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third parties is strictly prohibited. I i i Insurance Tracking Services,Inc.(ITS) Response to Request for Proposaltor Insurance Certificate Tracking System Palm Beach County,Florida Services Provided:full service certificate of insurance tracking i Industry: Banking Kay Chandler,General Counsel The Olson Company Telephone:(562)596-4770 Email:kchandler@theolsonco.com Services Provided:full service certificate of insurance tracking Industry: Real Estate and Construction Michael Schmidt,Vice President of Operations M8K Real Estate,a subsidiary of Mitsui&Co.,Inc. Telephone:(949)789-5426 Email:mikeschmidt@mbk.com Services Provided.full service certificate of insurance tracking Industry: Real Estate and Construction Robert 1,Starkman,Senior Vice President Argent Management Telephone:(949)777-4025 Email:rstarkman @argentmanagementllc.com Services Provided:full service certificate of insurance tracking Industry:Asset Management Susan Vavak,Investment Administration l TriPacific Capital Advisors Telephone:(949)724-5900 Email:svavak @tripacificlic.com Services Provided:full service certificate of insurance tracking Industry:Asset Management Tiffany Riggenbach,Supply Chain Specialist ItliSource Corporate Services Telephone:(614)460-5967 Services Provided:full service certificate of insurance tracking Industry:Public Utility William Carpenter,Risk Manager Stew Leonard's Telephone:(203)750-6115 Email:WCarpenter @stewleonards.com Services Provided:full service certificate of insurance tracking Industry: Food&Beverage—Grocery Chain m copyright 2013 Insurance Tracking Services,Inc.(ITS)All rights reserved. 9 I P a g e Document contains rrs'confidential and proprietary information.Reproduction or disclosure to third parties is strictly prohibited. Insurance Tracking Services,Inc.(ITS) Response to Request for Proposal for Insurance Certificate Tracking System Palm Beach County,Florida 3.2) Project Approach/Understanding The proposer shall provide a detailed narrative description of its approach and methodology for implementing a"full service and self service"web-based insurance certificate tracking system. At a minimum,this should include the following: 3.2.1 A description of the process and how it will be implemented. During the initial setup period, ITS will input into its database Contracted Party contact information, assign the applicable insurance requirements and establish an online insurance reporting website.All certificates of insurance that were previously collected will be reviewed for compliance against the contract insurance requirements. Following the review of the certificates, ITS will begin corresponding with the Contracted Parties to communicate any insufficiencies in coverage,limits or policy endorsements. In the event ITS is designated to review the contract and extract the applicable insurance requirements, either a copy of the Contracted Party's contract,or the contract's insurance requirement section(s)must be provided.The ITS system has the ability to capture the unique insurance requirements of each contract.By assigning a unique risk profile to each contract, the ITS system captures each required line of insurance coverage, limits and policy endorsements. This enables ITS to discern between different types.of insurance requirements that may apply to the Contracted Parties ITS will be designated to track. In the event ITS is designated to follow a boilerplate set of insurance requirements for a certain contract population (e.g. contract type), both the insurance requirements and a listing of the corresponding contracted parties(including contact information)is required. 3.2.2 A description of best case and worse case timeframe scenarios for communications regarding deficiency notices on pending and active agreements(please specify hours or days).Define how the notices are sent,how many notices are sent,and what the follow-up procedures are. The ITS system will generate up to four letters (sent via email, fax or postal mailing) if one or more insurance requirements have not been satisfied. Depending on the County's preference, the letters are typically sent every 14 days if one or more insurance requirements are reported as noncompliant.After four attempts,a level 4 report will be generated and sent to the County for internal escalation. The report includes a listing of all level 4 contracted parties, dates on which letters were sent, method used to transmit the letter, and the specific items lacking in order to establish full compliance with the contract insurance requirements. In addition,the ITS system generates renewal reminder notices to the contracted parties whose polices are expiring in the next 30 days.In the event a renewal certificate is not received prior to the expiration date,the ITS system will automatically generate a request letter advising the contracted party of their now expired policy on file and requesting updated evidence of insurance in conformance with the contract insurance requirements. 3.2.3 Outline a clear plan of escalation paths for issue resolution.Outline the chain of command within your organization for escalating problems that are not resolved to the County's satisfaction. 9 copyright 2013 Insurance Tracking Services,Inc.(ITS)All rights reserved. 10 I P a g e Document contains 1TV confidential and proprietary Information.Reproduction or disclosure to third parties Is strictly prohibited. Insurance Tracking Services,inc.(ITS) Response to Request for Proposal for Insurance Certificate Tracking System Palm Beach County,Florida Most work problems experienced by our customers can be resolved quickly, informally, and fairly at the level at which they arise. ITS employees are encouraged to bring the matter to the attention of their immediate supervisors, who will work with the employee to expeditiously resolve the customer's matter to the mutual satisfaction of those involved and in a manner consistent with ITS policies and practices. If these efforts are not successful or if there is a justifiable reason the supervisor should not be involved in the process,the employee is trained to pursue the matter with executive management. 3.2.4 A description of on-line reporting capabilities and ability to produce custom reports and print Certificate of Insurance.Include three(3)sample reports used on other customer accounts(proprietary information may be blacked out). ITS reports make it easy to understand how and why coverage specified in an insurance certificate does not match the specific insurance requirements in the contract. The ITS system includes a Summary of Certificates report which details where coverage specified in the insurance certificate is out of compliance with the applicable insurance requirements. The report offers a side-by-side comparison of "required" and "provided" columns to allow a web user to quickly determine where insurance compliance issues arise. The ITS system offers authorized users access to view insurance compliance reports and actual certificate images (current and historical) from anywhere in the world. An overview our system capabilities can be viewed via an online demonstration,or an on-site presentation facilitated by ITS. Description of ITS Web Based Reporting Options Included: ! Status by Project.: e;gi.,%idnerating instrr-ante 66ipliancle:-:reports; by..contratt- -type, internal:- de0artrnerit,etd-11, The Status by Project report displays an overview the selected Project's compliancy ratio and each Contracted Party's current status. The report includes m uFtiple options to export the displayed data fields into Microsoft Excel format. i Insured—1Su Certificates' In the event you will need to locate a Contracted Party by company name,you will be able to search the ITS system by accessing our Insured report From here,you may search by company name or contract ID. The report will display a compliance analysis of the Contracted Party's insurance coverage provided, compared with what is required by the contract. The report will display their current insurance compliance status and, if applicable, highlight any items required to establish full compliance,included within the report are links to view scanned certificates and contracts that have been uploaded to the ITS system. AUCard ; The ITS RiskCard feature will enable the County to deploy an incident/claims reporting system embedded into the insurance tracking platform.This feature will enhance the timeliness and accuracy of incident/claims information involving any Contracted Party record accessible from the ITS system. For example, the County. ©Copyright 2413 Insurance Tracking Services,Inc.(ITS)All rights reserved, 11 I P a g e Document contains ITS'confidential and proprietary Information.Reproduction or disclosure to third parties is strictly prohibited. Insurance Tracking Services,Inc.(ITS) Response to Request lot Proposal for Insurance Certificate Tracking System Palm Beach County,Florida will be able to track open and closed claims/incidents involving a Contracted Party, assign a claim to an in-house or external adjuster,document subrogation recovery, designate a priority status to an incident/claim, document the parties involved, capture incident/claim investigation information,and journal any action items for follow-up. Compliant The Compliant Report exhibits all Contracted Parties that are In full compliance with the insurance requirements, including a summary of the Contracted Party's insurance policies provided and their corresponding policy expiry date. Contracted Parties that are reported as compliant with overrides or applied waivers will also appear on the report.The report includes an option to export the displayed data fields into Microsoft Excel format. Non-Compliant The Non-Compliant Report exhibits all Contracted Parties that are reported deficient with one or more of the insurance requirements,including a summary of the Contracted Party's related deficiencies.The report includes an option to export the displayed data fields into Microsoft Excel format. Expiration : . ., The Expiration report aggregates all Contracted Parties where one or more insurance policies on file have expired_The Contracted Party's insurance policy and corresponding expiry date will be displayed on the report.The report includes an option to export the displayed data fields into Microsoft Excel format. Missing Pokier The Missing Policies report identifies all Contracted Parties that have one or more required insurance policies that have yet to be provided. AM Best .. .... Our AM Best deficiency report identifies all Contracted Parties who maintain insurance policies with carriers that do not meet the minimum A.M. Best & Co. Financial Strength Rating requirement specified in their contract. Insured:ProblerinS The Insured Problems area displays special/unique problems with a Contracted Party's insurance. For example,if a Contracted Party requested an exception to the Insurance requirements, and ITS has yet to receive a response from Risk Management,such information would be available to view from this area, Due to the proprietary nature of the software platform, ITS is unable to supply screen shots of the insurance tracking system.An overview our system capabilities can be viewed via an online demonstration,or an on-site presentation facilitated by ITS. t ©Copyright 2013 Insurance Tracking services,Inc.(ITS)All rights reserved. 121 P a g e Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third parties is strictly prohibited. Insurance Tracking Services,Inc.(ITS) Response to Request for Proposal for Insurance Certifirzte Tracking System Palm Beach County,Florida ITS staffs an in-house team of software engineers and web development professionals that can either create custom web reports specific to the County's business needs,or integrate a direct data feed into an existing County managed database.With over 35 years of combined technology experience,the possibilities are limitless. 3.2.5 Define how notices of cancellation of insurance are handled. Upon receipt of a mid-term policy cancellation notice,the ITS system will be updated to reflect the cancellation effective date of the contracted party's respective insurance policy.immediately,the ITS system will generate a notice to the contracted party requesting evidence of their reinstatement notice or replacement policy. 3.2.6 A description of your ability to store Certificate of Insurance records(both current and historic)on active and inactive agreements. ITS will establish and maintain all systems and programs necessary to provide a complete,current,and accurate database of insurance information for the County's contracts.The most recent insurance certificate information and corresponding tracking information will be kept in the database along with scanned images of current and historical insurance document(s)received and accumulated overtime. 3.2.7 A description of your process for disposing of documents and correspondences that have reached the end of their retention period. Physical documents, including electronic documents stored on physical media,are destroyed on-premises at the ITS facility where they are housed at the end of their retention period. Electronic documents are migrated to archival storage servers when their respective retention periods expire. 3.2.8 A description of your ability to perform outbound calls and receive inbound calls from vendors and insureds. Follow-up telephone calls can be made on active contracts not in compliance with the County's insurance requirements.An ITS outbound call plan typically includes: o First Call—outbound telephone call to insurance broker(s)or contracted party following the productiop of ITS 2nd noncompliance letter. o Second Call—outbound telephone call to insurance broker(s)or contracted party following the production of ITS 3rd noncompliance letter. — call to insurance brokers following the production of ITS 49 o Third Call outbound telephone ca ( ) g p noncompliant letter to franchisee. Each outbound telephone call made to a contracted party or their insurance broker(s)will be made at$0.95 per live and connected call.This means no charges will accrue for voicemails left in the event ITS is unable to connect. In addition,the fee is only triggered following the issuance of certain levels of noncompliance letters.For example, the County may customize the outbound call process such that ITS initiates outbound calls for those who are I reported a s noncompliant following t he production of any level el noncom liance letter i.e.initiate an outbound call following the Second Request,Third Request,and/or Fourth Request letter). i 0 Copyright 20 13 Insurance Tracking Services,Inc.(ITS)All rights reserved. 13 I P a g e Document contains ITS'confidential and proprietary Information.Reproduction or disclosure to third parties is strictly prohibited. I Insurance Tracking Services,Inc.(ITS) Response to Request for Proposal for insurance Certificate Tracking System Palm Beach County,Florida 3.2.9 A description of a work plan describing how the initial transfer of data will be handled. Task 1:Project Preparation and Design In preparation for project implementation,ITS will prepare a written plan Including each of the following project aspects:project management,work schedule,work plan,system design,testing and documentation,change management,and knowledge transfer. Task 2:System Configuration for Manual Data Entry ITS will review the contracts and extract applicable insurance requirements for each contracted party ITS is designated to track.The iTS system will capture the unique insurance requirements of each contract by assigning a unique risk profile to each contract.The ITS system will capture each required line of insurance coverage,limits of insurance,insurance endorsements(e.g.additional insured,waiver of subrogation, primary and non-contributory, thirty day notice of cancellation,if applicable)and AM Best Financial Strengths ratings of contracted parties insurers,if applicable.The ITS system will discern between different types of insurance requirements that apply to contracted parties,type of contract(e.g.vendor,tenant,professional consultant,etc.),and the hierarchy that such contracted parties are assigned to(e.g.contract type,business unit,location,etc.). Task 3:Historical Data Conversion/importing ITS will collaborate with the County to execute the data conversion and import process until completed successfully. ITS will convert and import the data into the system in such a way as to produce valid,usable data records that do not violate the integrity or reduce the efficiency of the system. Task 4:Knowledge Transfer ITS will work closely with the County to develop a plan detailing,which the County procedures or processes may need to change due to functionality or features within the system.ITS will create the knowledge transfer plan(i.e. training plan)that will provide the functional and technical knowledge needed for the County staff to use the system efficiently and provide a list of recommendations for revising current procedures or processes that the County may benefit from or conflict with new or enhanced system functional I ties. . i Task 5:Transition to Production i ITS will develop and implement all programs,scripts,queries and/or procedures necessary to complete a successful transition to a production environment that is in strict conformance with industry standards and recommended best practices for databases of this type. 3.2.10 A timeline for getting the system up and running. Depending on the County's actual volume of contracts and certificates provided at the time of setup, ITS estimates the implementation period to be 30 to 90 days. 3.2.11 A timeline for processing Certificates of insurance. Regarding certificates of insurance received during the initial implementation period, please refer to the response in 3.2.10, above. For certificates collected by ITS following the implementation period, ITS will analyze the 9)copyright 2013 insurance Tracking services,Inc.(ITS)All rights reserved. 14 I P a g e Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third parties is strictly prohibited. Insurance Tracking Services,Inc.(ITS) Response to Request for Proposal for Insurance Certificate Tracking System Palm Beach County,Florida certificates of insurance for compliance against the contract insurance requirements, and will post its compliance evaluation results to the ITS website, reflecting a "compliant"or"non-compliant"status, with ITS making its best efforts to do so within 3 business days of receiving the certificate. 3.2.12 Define how unrevised Certificates of Insurance are handled. If one or more insurance requirements are reported noncompliant,ITS will send a follow up correspondence to the contracted party summarizing the relevant noncompliance issues. l 3.2.13 All County resources that will be required for the project. The County resources ITS will require for this project shall include: I a. Contracted Party Contact Information Name of the company,mailing address,telephone number,facsimile number,email address and a name I of the Contracted Party's contact personnel. b. Insurance Requirements Copies of all contracts and/or applicable contract insurance requirements for each and every Contracted Party ITS is designated to track insurance coverage. c. Certificates of Insurance Previously collected certificates of insurance from the Contracted Parties ITS is designated to track. d. Recommended Designated County employee/liaison to act as the single-point-of-contact for facilitating communications between County and ITS Account Manager. ©Copyright 200 Insurance Tracking services,Inc.(ITS)All rights reserved. 15 I P a g e Document contains ITS'confidential and proprietary information,Reproduction or disclosure to third parties is strictly prohibited. Insurance Tracking Services,Inc.iITSI Response to Request for Proposal for Insurance Certificate Tracking System Palm(leach County,Florida 3a3) Key Personnel and Operations informati®n f The proposer shall provide: 3.3.1 An Organizational Chart identifying the structure of the firm. The figure below includes information on ITS'organizational structure,business roles, number employees assigned to the role,and a brief description of their responsibilities. :Ntirinber Busiriess:Role. • ..Respotuiblllties% .. Et1A loyees Executive Assist the Board of Directors with all administrative,organizational and Management 3 operational matters,analyze and plan financial and operational duties of the company i Product 3 Initial research and discovery, Iteration on promising concepts, Development solution prototyping and development Sales and Managing optimal marketing for the ITS products and services to Marketing 4 deliver upon defined marketing objectives and strategies Customer Service is the face of ITS that handles customer and Customer Service 23 insurance compliance queries through phone, email, and chat for issues ranging from insurance compliance information, technical support and training on ITS products and services Performs dedicated services based at our customers' own premises. Professional 3 This includes a team of experienced insurance and risk management Services consultants that are involved In supporting the implementation or on- going maintenance of the insurance tracking program Accounting, Financial and accounting management,ad hoc analysis, balance sheet Quality Assurance 2 reconciliations,month-end/quarter-end reporting,payroll,forecasting, and Audit budget, and maintenance of multi-year financial plan, quality assurance and performance audit of existing products and services Information Provides technology resources to the company, addresses network Technology 3 security vulnerabilities, and ensures adherence to established IT standards and procedures 3.3.2 A list of the key personnel assigned to the project and a complete resume for each detailing their experience, education,expertise,qualifications,and knowledge of the project. ITS has designated our Senior Account Manager, Mr. Michael Palacios, to manage the responsibilities associated with the County's account. Mr. Palacios will pay prompt attention and regard to the instructions, directions and requests of the County representatives. In addition, Mr. Palacios will supervise ITS staff assigned to provide the County with administrative support. Mr.Michael Palacios Senior Account Manager ©Copyright 2013 Insurance Tracking services,Inc,(ITS)Ali rights reserved. 15 1 P a g e Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third parties is strictly prohibited. i insurance Trar.king Services,Inc.(ITS) Response to Request for Proposal for Insurance Certificate Tracking System Palm Beach County,Florida Michael Palacios has been a member of the ITS team since 2004 and is based out of ITS'Service Center location in Signal Hill, CA. For the past nine years, he has served as Senior Account Manager for some of our largest customers, including Capital One Fnancial Corporation, Carlson, City of Las Vegas, San Diego County Regional Airport Authority,PMB Real Estate,County of Kern and the Massachusetts Port Authority. As a licensed fire and casualty insurance professional, Mr. Palacios has the requisite insurance knowledge to facilitate insurance compliance with the most complex insurance requirements. Mr. Palacios interfaces directly with the customer's staff as well as the contracted parties to communicate insurance deficiencies and assist in i establishing compliance with the insurance requirements. Prior to joining ITS, Mr. Palacios spent five years serving in the capacity of preparing and issuing certificates of insurance for policyholders of a nationwide retail Insurance broker firm. Ms.Adella Ruggles implementation Coordinator Ms.Adella Ruggles serves as the ITS implementation Coordinator to organize the logistics of each new customer j account.Ms. Ruggles is based out of ITS'Phoenix,AZ office.She acts as our internal liaison with ITS staff to obtain updates,evaluate progress,prepare weekly status updates,performs risk assessments,develops mitigation ies and writes procedures for maintaining compliance with each customer profile. strategies p . Prior to joining ITS,Ms.Ruggles spent eight years serving as a contract administrator at a regional the and stone � development,execution o manufacturing company.Some of her responsibilities included successful strategy p assigned procurement projects,implementation of measures to maximize efficiency,achieving cost savings and reducing liability exposure. Ms.Celina Gonzalez Director of Data Processing operations As the Director of Data Processing Operations for iTS,Celina Gonzalez plans,organizes,and controls the overall activities of our information systems,including system setup,customer analysis,.programming and computer operation activities relating to our insurance certificate tracking responsibilities.In addition, Ms.Gonzalez is responsible for developing written instructional manuals and supervises and evaluates data processing staff and is based out of ITS' National Service Center location in Signal Hill,CA. { Ms.Gonzalez's knowledge and experience is in insurance coverage,operations and programming.Her specialties are SQL server programming,Access database and development and deployment of web applications.She possesses strong communication,public relation and interpersonal skills.Her commitment and ability to learn and upgrade job skills to meet the changing demands of the position brings value added service to each and every customer serviced on the ITS platform. Prior to joining ITS,Ms.Gonzalez spent ten years in the insurance community serving in several different capacities,from an insurance policy management systems position to an insurance coverage underwriter, her expertise demonstrates positive leadership,professionalism and commitment to efficient operations. 171 Page 0 copyright 2013 insurance Tracking Services,Inc.(ITS)All rights reserved. Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third parties is strictly prohibited. Insurance Tract<Ing Services,Inc.(ITS) Response to Request for Proposal for Insurance Certificate Tracking System NAn Beach County,Florida Ms.Sherry Lynne i Director of Risk Management With over 30 years in the property and casualty insurance industry,Ms. Lynne's expertise comes in providing risk management services to an array of customers in many different industries.She is personally involved in training ITS staff on all aspects of our customers'insurance requirements and is responsible for implementing procedures to address each customer's needs. f In addition,Ms. Lynne oversees the company's outside legal counsel,handles investor relations and serves as the Chief Administrator of the ITS Disaster Recovery Plan.She is based out of ITS'Beverly Hills,CA office. Mr.Rick Lopez President and CEO For the past fifteen years, Rick Lopez has been involved in providing essential risk management services to organizations across the United States and internationally,from Canada and the United Kingdom to Switzerland i and China.Mr. Lopez has been instrumental in evolving certificate of insurance tracking and management from a E cumbersome administrative process to a streamlined,risk management-driven service. ! I From the start,Mr.Lopez had a vision to help organizations reduce risk and avoid exposure to losses from claims ` by implementing an essential risk transfer administration program.Incorporating his prior experience in building complex e-commerce websites for the skin care industry,Mr.Lopez brought the technical knowledge required to develop and implement sophisticated Enterprise Risk Management(ERM)software program. i { Mr.Lopez has appeared as a guest speaker at West Coast Casualty's Insurance Conference(2006)and IRMI's Risk and Insurance Conference(2007,2008).Mr.Lopez is based out of'ITS'Long Beach and Beverly Hills,CA offices. ( 3.3.3 A description of the role of each staff member who will be responsible for handling and monitoring the Contract. I j � I I I Name :.: Title Responsibilities. Rick Lopez President/CEO Project Manager Michael.Palaclos Senior Account Manager Prlmary day-to-day I Celina Gonzalez Director of Data Processing Operations Support Staff Adelia Ruggles Implementation Coordinator Support Staff I 3.3.4 Identify projects of similar nature in which each staff member has been involved. 'I Each of the staff= members mentioned above has extensive experience implementing certificate of insurance j tracking and management services for government and enterprise customers. Some examples include: The County of Kern contracted with ITS to manage their insurance compliance program for community redevelopment and purchasing agreements. The City of Las Vegas retained ITS to track and manage the insurance compliance program for their equipment purchases,construction projects,professional services and concession agreements. ' I a Massachusetts Port Authority, selected ITS through an RFP process to manage their.insurance certificate tracking program for all of their tena nts,'contractors and professional consultants. ®Copyright 2013 Insurance'tracking Services,Inc.(ITS)All rights reserved. 18 I P a g e Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third parties Is strictly prohibited. I I I Insurance Tracking Services,Inc.(11s) Response to Request for Proposal for Insurance Certificate Ti asking System Palrn Beach County,Florida • Southern California Edison, a subsidiary of Edison International, a Fortune 500 company, and one of the nation's largest public utilities,selected ITS through an RFP process to manage their insurance compliance program for all vendors, suppliers, contractors and consultants responsible for supporting their infrastructure. • Southern California Regional Rail Authority(Metrolink), a premier regional commuter rail system, selected ITS through an RFP process to manage their insurance compliance program for all vendors, suppliers, contractors and consultants responsible for supporting their infrastructure, • Carlson,an international corporation In the hotel and restaurant industries,contracted with ITS to perform Insurance certificate tracking and management services for their domestic and international franchise agreements. i i • San Diego County Regional Airport Authority selected ITS through a rigorous RFP process to manage their certificate of insurance tracking program for their vendors and aviation tenants. s • Stew Leonard's,a specialty grocery chain, contracted with ITS to manage their insurance compliance and verification program for product suppliers and contractors. • ITS works with NiSource Corporate Services Company, a Fortune 500 company engaged in natural gas transmission, storage and distribution, as well as electricity generation, transmission and distribution. ITS monitors insurance compliance for the vendors and service providers engaged in the course of their business activities_ • A leading U.S.Small Business Administration lender has secured the services of ITS to manage the property and liability insurance requirements of over 9,000 commercial loan agreements. 3.3.5 A description of how your company is able to monitor and report performance against service level requirements. The ITS Quality Management System (QMS)includes two key components: 1) Inspection of work product . a_ ITS Internal Audit regularly examines work product at all stages of production b. Findings and corrective action taken are documented in the ITS QMS platform 2) Statistical Process Control a. QMS data points,such as product/service conformance ratios,are used to identify processes requiring optimization b. Processes are engineered to include interdepartmental review of work product as information flows between internal departments.at all stages of production. ®Copyright 2013 Insurance Tracking Services,, Inc.(ITS)AD rights reserved. is strict) rohibited,rved. y p 19 P a g e Document contains ITS confidential and proprietary Information.Reproduction or disclosure to third I ' � II i I Insurance Tracking Services,Inr..(ITS) Response to Request for Proposal for Insurance Certificate Tracking System Palm Beach County,Florida 3.3.6 A description of your current method of executing service level agreements(SLA's).Identify what metrics are tracked and how are they communicated with your customers. The ITS Quality Management.System employs a proprietary database application which captures the customer- defined service attributes stipulated in the written agreements between ITS and its customers. 3.3.7 Include any internal audit procedures your company undertakes to ensure such monitoring and reporting are reliable. ITS sponsors Internal technical certification programs for quality assurance. These programs award individual employees with basic, senior or principal-level titles for achievement in their professional or technical specialty. The individuals are judged by the quality of their work-product, technical expertise, industry recognition, career experience and past and current job responsibilities. ITS staff inputs all relevant data derived from the insurance certificate tracking and compliance verification process. All data entered is audited and verified by ITS staff. The ITS system compares the certificates received against predefined insurance requirements. This removes the guesswork from evaluating certificates for compliance.For quality assurance purposes,ITS avoids the use of Optical Character Recognition for data entry. Ii Data entered into the database by ITS staff is subject to a multi-level review process,where final review, including evaluation of contracted parties' policy endorsement forms is performed by a licensed insurance professional. Moreover,all data in the ITS system is subject to periodic review by internal auditors. i i i 3 i m Copyright 2013 Insurance Tracking Services,Inc.(ITS)All rights reserved. 20 f P a g e Document contains ITS'confidential and proprietary Informatlon.Reproduction or disclosure to third parties is strictly prohlbited. fi k i i i i Insurance Tracking Services,0C.(ITS) � Response to Request for Proposal for Insurance Certificate Tracking System Palm[leach County,Florida 3.4) Location Proposer shall specify the location(s), including the complete physical address,where the work for this project will be . performed, including work performed by subcontractors, if applicable. Points for location shall be determined by each Selection Committee member based upon the requirements of the project. I Proposer shall thoroughly explain its accessibility in the areas of availability for on-site trainings, meetings, general communications,coordination,and supervision. All work will be self-performed by employees of ITS based at our Service Center located at 2698 Junipero Avenue,Suite . 103, Signal Hill, CA 90755. In addition, ITS will provide the County with accessibility to this location to conduct on-site meetings or training seminars. Additional ITS office locations include: Corporate Office: Long Beach,California Service Center: Signal Hill,California Satellite Offices: Beverly Hills,California Las Vegas,Nevada Phoenix,Arizona E { • I ' E i f� i f f � I I I I � Q Copyright 2013 Insurance Tracking Services,Inc.(ITS)All rights reserved. 21 I P a g e Document contains ITS'confidential and proprietary Information.Reproduction or disclosure to third parties is strictly prohibited. i . i Insurance Tracking Services,Inc.(ITS) Response to Rpquesi for Proposal for Insurance Certificate Tracking System Palm Seach County,Florida I 3,5) Financial f Business stability Proposer should submit one of the following: 1 (a) Balance sheets and income statements for the current fiscal year and prior two (2) fiscal years of operation, prepared in accordance with generally accepted accounting principles and compiled by an independent certified public accountant or notarized by the chief financial officer or owner;or (b) The company's Federal income tax returns for the previous three (3) years as completed and filed with the Federal government. Sole proprietors should provide Schedule C from Form 1040 for the previous three (3) years.The Schedule C's must be accompanied by a statement from an independent certified public accountant or a statement by the chief financial officer or owner,indicating that the Schedules are copies of the ones filed with the 1040;or (c) A statement from an independent certified public accountant attesting to the financial stability of the organization for the current and prior two(2)fiscal years of operation;or (d) A reference letter from the proposer's bank or financial institution indicating the bank's relationship with the proposer and providing a credit reference. At.the time of issuance of the reference letter, the bank/financial institution must have a minimum peer group rating that meets or exceeds the threshold levels in at least two of the five approved services as listed below: 1. Highline Bank and S&L Quarterly Listing—50 2. IDC Bank Financial Quarterly Listing—125 3. Veribanc,Inc.Listing—3 Star Green Rating 4. Standard&Poor's Listing—Single A 5. Moody's Listing—Single A The County reserves the right to request additional information considered pertinent to indicate any and all proposer's financial and operational capabilities. Further, the County retains the right to disqualify from further consideration any proposer who fails to demonstrate sufficient financial stability to perform the pending contract. The pertinent financial information of ITS is considered proprietary; interested parties are referred to our company's Duns&Bradstreet Report, Number-,16-531-0371. ®Copyright 2013 Insurance Tracking Services,Inc.(ITS)All rights reserved. 22 i P a f;e Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third parties is strictly prohibited. Insurance Tacking Services,Inc.(ITS) Response to Request for Proposal for Insurance Certificate Tracking,System Palm Beach County,Florida I i 1 3.G) Price Pro-posal information The proposer shall submit the attached Price Proposal Page(s) (Appendix A), filled out, signed,with either a corporate seal affixed or notarized.The proposer shall indicate the fees to be paid by the County during the Contract terra. Offers will receive up to the maximum points listed in 2.18 above, based upon the reasonableness of the total price and competitiveness of this amount with other offers received. To provide the most cost-effective and reasonable fee structure, ITS fees are based solely on the number of contracts . i signed up for insurance certificate tracking and compliance verification services. For example, if the County has 3,000 contracts signed up for the service, the County would be charged $1.50 per contract, per month, for a total invoice amount of $4,500.00. The rate includes facilitation of all services outlined in this RFP. In addition, no setup or implementation fees apply. Please see below a table of rates by contract volume. Number of Contracts Rate Monitored (per contract,per month) 499. . 500-999 $2.00 1,000:•=2999 3,000+ $1.50 Removing Contracts In the event the County no longer requires ITS to track a contracted party's insurance, the County shall inform ITS to cease its tracking responsibilities for such Contracted Party. Upon receipt of such notification, ITS will discontinue tracking the Contracted Party and remove applicable charges from the following month's invoice. Adding Contracts In the event the County requires ITS to track a new contracted party,the County shall communicate to ITS, (I) name of contracted party (including contact information) to be tracked; and (ii) the applicable insurance requirements for the contracted party ITS will be designated to track. Upon receipt of such notification,ITS will allocate applicable charges to the following month's invoice. Transition/implementation Process During the initial setup period,ITS will input into its database Contracted Party contact information,assign the applicable Insurance requirements and establish an online insurance reporting website. All certificates of insurance that were previously collected will be reviewed for compliance against the contract insurance requirements. Following the review of the certificates, ITS will begin corresponding with the Contracted Parties to communicate any insufficiencies in coverage,limits or policy endorsements. ®Copyright 2013 Insurance Tracking Services,lnc.(ITS)All rights reserved 23 I P a g e Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third parties is strictly prohibited. Insurance Tracking Services,Inc.(ITS) Response to Request for Proposal tot Insurance Certificate Tracking System Palm Beach County,Florida I i In the event ITS is designated to review the contract and extract the applicable insurance requirements,either a copy of I the Contracted Party's contract,or the contract's insurance requirement section(s) must be provided.The ITS system has the ability to capture the unique insurance requirements of each contract. By assigning a unique risk profile to each contract,the ITS system captures each required line of insurance coverage, limits and policy endorsements.This enables ITS to discern between different types of insurance requirements that may apply to the Contracted Parties ITS will be designated to track. In the event ITS is designated to follow a boilerplate set of insurance requirements for a certain contract population(e.g. contract type), both the insurance requirements and a listing of the corresponding contracted parties(including contact Information)is required. Again, ITS does not charge any setup fees,and billing will not begin until ITS has delivered online access to the insurance reporting database, whereby the County will be granted access to view its insurance compliance information and scanned certificates and endorsement images. f I i ®Copyright 2013 Insurance Tracking Services,Inc.(ITS)All rights reserved. 24 P a g e Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third parties Is strictly prohibited. Insurance Tracking Services,Inr..(ITS) Response to Request for Proposal foi Insurance Certificate Tracking System Palm Beach County,Florida APPENDIX A PRICE PROPOSAL PAGES RFP NO.1134001MW ` Page 1 of 4 -lbe following pricing is submitted as the an inclusive pricing to provide Palm Beach County with a web-based of WorklSterviices se� system,in accordance with the Requirements/Scope i forth in this RFP document. Failure to complete all Pricing Requirements shall be cause for immitliate the rejection of the entire Proposal Response. Upon award, CONTRACTOR shall use the pricing stated herein for the amount the COUNTY will be charged.These rates sha8 remain fixed for the term of the Contract and for the four(4)renewal options,if exercised. 9r'�( s Data Conversion and Loading (per 0.00 No Charge- certifieate) included in fees(see attached) Verify Non Veritable Addnasses (per No Charge- l certificate) $0,00 included In fees(see attached) Removal of Duplicate Records (per $0,00 No Char In fees(see attached) record) Foreign Address(non-Us)verification $0.00 No Charge- (perrecord) included In fees(see attached) o arge-Iris e n ees Bulk Entry of Insureds - $0,ofl (see a u } ran, t 1 All inclusive fee for each certiricate review, written correspondence, approval, input (including risk profile) (see attached) and monitoring as detailed in the scope $ - ( ; of work(fee shall be per certificate) l Unlimited internet user login wlih i NO Charge- unique passwords $ 0.00 included in fees(see attached) i i I I i i fti I 251page ®Copyright 2013 Insurance Tracking Services,Inc.(ITS)Ali rights reserved. sclosure to third parties is strictly prohibited. Document contains ITS'confidential and proprietary information.Reproduction or di 1 Insurance Tracking Services,Inc.(ITS) Response to Request for Proposal for Insurance Certificate Tracking System Patin Beach County,Florida APPENDIX A PRICE PROPOSAL PAGES RFP NO,13-1001MW Page 2 of 4 1 e - x All inclusive fee for COUNTY to use CONTRACTOR's system to manage all No Charge- certificates as dictated In the scope of 0.00 included in fees work fee shall be Iseeattached) f ( per oertiflcate) Unlimited intemet user logins With unique No Charge- passwords included In fees 0'00 (see attached) a Web-based interactive training (per $ 0.00 No Charge-Included in fees session) (see attached) "In person training, (unlimited lasses per day) fee must be all inclusive at a feed $1,500.00 amount per day. per,day i t a No Charge-Included in fees Account Representative(monthly fee) 0,00 (see attached) Programmer(s)(fiourly rate) $195.00 per hour "s=ees for training shall be all Inclusive on a per day basis. ' I , I i i i ®Copyright 2013 Insurance Tracking Services,Inc,(ITS)All rights reserved, Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third parties is strictly prohibited. 26 P a g e i Insurance Tracking Services,Inc.(ITS) Response to Request for Proposal for Insurance Certificate Tracking System Patin Beach County,Florida APPENDIX A PRICE PROPOSAL PAGES RFP NO.134001MW Page 3 of 4 Other Fees: Please list any fees that are not covered that should be considered as part of your proposal. In addition, please include any cost savings information that could be of benefit to the County. I (Please refer to the attached for pricing details) $ - $ $ I $ I f t $ I $ I r i $ The Proposer certifles by signature below the following: I a. This pricing is current, accurate complete, and is presented as the Total Pricing, Including "out-of-pocket° expenses (if any), for the performance of this Contract in accordance with the Requirements/Scope of Work/Services of this RFP. b. This Proposal is current, accurate,complete, and Is presented to the County for the performance of this contract in accordance with all the requirements as stated in this RFP. i i I I i i i i 1 i ©Copyright 2013 Insurance Tracking Services,-Inc.(ITS)All rights reserved. 27 E P a g e Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third parties is strictly prohibited. I i Insvrance Trackirig Services,Inc.(ITS) i Response to Request for Proposal for Imurance Certificate Tracking System Palm Beach County,Florida i APPENDIX A PRICE PROPOSAL, PAGES C RFP NO. 13-1001MW j Page 4of4 c. The Proposal is submitted without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Proposal for the same materials,services, and supplies and Is, In all respects, fair and without collusion or fraud. d. The financial stability to fully perform the terms and conditions as specified i herein. The county reserves the right to request financial Information from the proposer at any time during the solicitation process and in any form deemed necessary by the county. IMPORTANT: FAILURE TO SUBMIT THESE PAGES VALL BE CAUSE FOR 'IMMEDIATE REJECTION OF THE ENTIRE SUBMITTAL RESPONSE. NAME(PRINT): Rick Lopez TITLE: President and CEO COMPANY: Tracking Services,Inc.(M) ADDRESS: 110 W.Ocean Blvd„Suite 602,Long Beach,CA 90802 I TELEPHONE NO. 562-435-2955 i SIGNATURE:-4 AF- Please affix corporate seal or have proposal notarized. Notary-Full Name (Notary Exp"rration&Seal) Date: 11/14/2013 OR: (Corporation seal} ®Copyright 2013 Insurance Traddrig Services,Inc.(ITS)All rights reserved. 28 P a g e Document contains FW confidential and proprietary Information.Reproduction or disclosure to third parties is strictly prohibited. f i Insurance Tracking Services,Inc.(ITS) Response to Request for Proposal for Insurance Certificate Tracking System Pali Beach County,Florida 3s7 Business Information Each proposer shall complete and submit the attached Business Information Pages(Appendix B). APPENDIX B BUSINESS INFORMATION RFP NO.13-10O MW i Full Legal Name of.Enfty: Insurance Truckling Services Inc.a California corporation (€Yaciyes a is toappear on the camacuAareemem Entity Address: 110W-Ocean Blvd.,Suite 602,Long Beach,CA 90802 USA a Telephone Number.(562 435-2955 Fax Number:( 562) 435-2999 Form of Entity [X]Corporation j ]Limited Liability Company ( )Partnership,General ( ]Partnership,Limited I [ ]Joint Venture [ ]Sole Proprietorship Federal I.D.Number., 20-1066691 0)If Proposer Is a subsidiary,state name of parent company. i Caution:All information provided herein must be as to Proposer(subsidiary)and not as j to parent company. (2)Is Entity registered to do business In the State of Florida? Yes[ I No[x] If yes to the above,as of what date? If not presently registered With the Division of Corporations to do business In the State of Florida as either a Florida or foreign corporation,Proposer acknowledges,by signing below, that If it is the Awardee it will register with the State of Florlda prior to the effective date of the contract with Palm Beach County. SIGNATURE: C , NAME (PRINT): Rick Lopes TITLE; President and CEO COMPANY' Insurance Tracking Services,Inc. i i ®Copyright 2013 Insurance Tracking Services,Inc.(ITS)All rights reserved. 29 E P a g e Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third patties Is strictly prohibited. Insurance Tracking Services,Inc.(ITS} Respoizse to Request for Proposal for insurance Certificate Tracking System Palm Beach County,Florida I 3.8} Amendments to the RFP I It is the proposer's responsibility to assure receipt of all amendments. The proposer shall verify with the designated contact person,prior to submitting a proposal,the number of amendments that have been received. Each amendment to the RFP shall be signed by an authorized person and shall be submitted with the proposal or the proposal shall be deemed non-responsive. N/A—ITS is unaware of any Amendments issued by the County relating to RFP Number 13-1C0/MW. f i I O Copyright 2013 Insurance Tracking Services,Inc.(ITS)All rights reserved. s 30 P a g e Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third parties is strictly prohibited. i Insurance Tracking Services,Inc.(ITS) Response to Request for Proposal for Insurance Certificate Tracking System Pahn Beach County,Florida 3.9) Additional Information t information considered by the proposer to be pertinent to this project and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Proposers are cautioned, however, that this sloes not constitute an invitation to submit large amounts of extraneous materials. Appendices should be I relevant and brief. Optional Services include: I Electronic Data Interchange Development&Implementation and Reporting Customizations I $295.00 per hour for design,programming,testing and installation • ITS On-site Support ITS offers dedicated services based at our customers' own premises.A team of experienced insurance and risk management consultants,backed by the resources of our Service Center,deliver true value added services. Our on-site service staff is involved in supporting the implementation or maintenance of the insurance tracking program and will have no other responsibilities during the on-site term.This means our on-site staff is focused on the success of the insurance tracking solution that is right for you;some-of the on-site services offered by ITS include: o Phase One:Program Set-up&Implementation premises to facilitate preparation of the contract documents An ITS representative well travel to your premi p p � necessary for implementation of ITS'insurance certificate tracking services.The scope of the preparatory work includes collection,imaging and assessment of the contract documents. o Phase Two:Certificates of insurance Imaging of the contract insurance requirements is only one part of the program implementation formula. Certificates of insurance are the critical second half of the setup information needed to deploy a I complete knowledgebase of insurance compliance data. If you intend to utilize the ITS system as a central repository for both current and historical certificates of insurance, ITS recommends Phase Two On-site Services.Phase Two consists of collecting and imaging your historical certificates of insurance.An ITS representative will travel to your premises in order to facilitate the preparation of the historical certificates of insurance. The scope of the preparatory work includes the collection, imaging and assessment of your historical certificates of insurance. o On-site Support Plan:Program Maintenance Looking beyond deployment of ITS' certificate of insurance tracking service, there is a need for clearly defined best practices .and delegation of responsibility to ensure the client-side duties are fulfilled. Moreover, many customers experience situations where they will struggle to manage internal customer (i.e. departmental) relations having to do with inquiries they may receive in response to ITS deficiency letters. ITS is available to provide an ongoing On-site.Support Plan. For one week per month {five ®Copyright 2013 Insurance Tracking Services,Inc.(ITS)All rights reserved. 31 I P a g e Document contains n confidential and proprietary information.Reproduction or disclosure to third parties Is strictly prohibited. Insurance Tracking Services,Inc.(ITS) Response.to Request for Proposal for j Insurance Certificate Tracking System Palm{leach County,Florida I business days;Monday through Friday work week),an ITS representative will be in your office to conduct meetings, address internal customer concerns, oversee and/or administer noncompliance-escalation tasks, develop/implement best practices,ensure ITS and Customer records are properly reconciled,etc. This solution is proposed in six month terms,with an option to renew for additional six or twelve month I terms. Following the first six month term, the customer may develop a plan for transitioning ' responsibilities to their designated staff. I If the County is interested in our On-site Support,please contact ITS for a quote. • Insurance Tracking Software Solutions(Cert-Enterprise License) l i ITS offers a software licensing option which offers a powerful platform for organizations to efficiently manage incoming certificates of insurance from their contracted parties.ITS Cert-Enterprise software was created with an architecture that enables users to- customize each aspect of the assigned insurance requirements. Plus, Cert-Enterprise has the ability to keep track of an unlimited number of unique sets of insurance requirements. i Regardless of how many different types of contracts an organization may use, Cert-Enterprise provides a single t repository for all required insurance documents, l This feature-enriched program was designed and perfected by insurance professionals-who-perform certificate of insurance tracking as a regular business function. After nearly fifteen years of research and development, Cert-Enterprise offers more flexibility and reliability when it comes to tracking certificates of insurance. If the County is interested in this software solution,please contact ITS for a quote. i . . I i I ! I f i I I j i l I i i F I I i t ®Copyright 2013 Insurance Tracking Services,Inc.(ITS)All rights reserved. 32 I P a g e Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third parties Is strictly prohibited. Insurance'Tracking Services,Inc.(ITS) Response to Request for Proposal For Insurance Certificate Tracking System Palm Beach County,Florida Appendix D - Drug-Free Workplace Certification APPENDIX D DRUG-FREE WORKPLACE CERTIFICATION RFP NO.93400/MW IDENTICAL TIE PROPOSALS-In accordanoe with Section 287.097,F.S.,a preference will be given to vendors submitting with their proposals the following codification that They have implemented a drug-free workplace program which meets the requirements of Section 287.037;provided,however,that any preference given pursuant to Section 287.087,shall be made in confonrdy with the requirements of the Palm Beach County Code,Chapter 2, Article III,Sections 2-80.21 through 2-80.34. In the event tie proposals are received from vendors who have not submitted with their proposals a completed Drug-Free Workplace Certi milon form,the award will be made In accordance with Palm Beach County's purchasing procedures pertaining to tie proposals. This Drug-Fran Workplaos Certification form must be executed and returned with the attached proposal,and 1 received on or before time of proposal opening to be considered. The blure to execute and/or return this certification shall not cause any proposal to be deemed non-responsive. F Whenever two(2)or more proposals which are equal with respect to price,quality,and service are received by Palm Beach County for the procurement of commodities or contractual services,a proposal received from a business that certifies that ft has implemented a drug-free workplace program shall be given preference in the award process. to order to have a drug-free workplace program.a business shall: (1) Publish a statement notifying employees that the unlawful manufacture,distribution,dispersing,possesslon,or use of a controlled substance Is prohibited in the workplaos and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace,the business's policy cf maintaining a drug-free f workplace,any available drug counseling,rehabii;telton,and employee assistance programs,and the penalties that l may be imposed upon employees for drug abuse violations (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the sthtemerd specified in number(1). (4) in the statement specified in number(1),notify the employees that as a condition of working on the commodities or contractual services that are under bid,the employee wt4 abide by the terms of the statement and will notify the employer of any convlodon of,or plea of guilty or nolo contenders to,any violation of Chapter 893,Florida Statutes,or of any controlled substance law of the United States or any state,for a vloUlon occurring In the workplace no later than five(5)days after ouch conviction. j (5) Impose a sanction on,or require the satisfactory participation In a drug abuse assistance or rehabllltation program if such is avalable In the employee's commurift.by any employee who Is so convicted (6) Make a good talth effort to continue to maintain a drug-free workplace through Implementation Section 287.087,Florida Statutes. THIS CERTIFICATION Is submitted by Rick Lopez the (Individual's Name) Presidentand CEO of Insurance Tracking Servfces Inc.[ITS) (hle/Positfon with Company/Vendoo (Name of Company/Vendor) who does hereby certify that said Company/Vendor has implemented a drug-free workplace program which meets J the requirements of Section 287.887.Florida Statutes,which are identified In numbers(1)through(i)above. ! 11/14/2013 Signature Date 1 ( f I i i I ®Copyright 2013 insurance Tracking Services,Inc.(ITS)All rights reserved. 33 f P a g e Document contains ITS'confidential and proprietary information.Reproduction or disclosure to third parties is strictly prohibited. I l