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Item C27M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� � Mayor David Rice, District 4 Th e Florida Keys Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting January 17, 2018 Agenda Item Number: C27 Agenda Item Summary #3775 BULK ITEM: Yes DEPARTMENT: Employee Services TIME APPROXIMATE: STAFF CONTACT: Maria Fernandez - Gonzalez (305) 292 -4448 n/a AGENDA ITEM WORDING: Approval to reject all bids received for Medical and Prescription Drug (RX) Stop Loss Insurance distributed August 2017. Purchasing Stop Loss Medical and RX at this time would not be cost effective to Monroe County as our premiums would be much higher than our recoveries, resulting in added cost. In addition, the vendors "lasered out" (excluded) our highest claimant, meaning they would not assume that case. ITEM BACKGROUND: On May 17, 2017, the Board approved advertisement of a Request for Proposal (RFP) for Medical and RX Stop Loss Insurance, pursuant to their direction. There were five Stop Loss Vendors who submitted proposals in response to the RFP. The Selection Committee: Maria Gonzalez, Dee Dee Harnish & Donna Moore met October 19, 2017 and scored the bids. Of the five vendors, Symetra Group Benefits, Ranked #1 and Florida Blue, Ranked #2. After discussion and scoring, the Selection Committee recommended not purchasing stop loss at this time for two main reasons: 1) premiums were priced in excess of the County's historical exposure so recoveries would not cover the premiums; 2) both vendors "lasered out" (excluded) our highest claimant. Three deductible scenarios were requested from each bidder: $300,000, $500,000, and $750,000. Our benefits consulting firm, Gallagher Benefit Services, modeled premiums estimates and recoveries based on the proposal by top- ranked and least expensive respondent, Symetra Group Benefits. The analysis showed the following over a 2 '/z year period from 2015 until June of 2017 (attachment: premiums vs recoveries): • At a $300,000 specific stop -loss deductible, the County would have paid an estimated $2,213,275 in premiums and recovered only $1,715,718. This would represent added expense of $497,557. • At a $500,000 specific stop -loss deductible, the County would have paid an estimated $1,228,945 in premiums and recovered only $693,413. This would represent added expense of $535,532. • At a $750,000 specific stop -loss deductible, the County would have paid an estimated $836,543 in premiums and recovered only $144,539. This would represent added expense of $692,004. Other respondents' premiums were higher than Symetra and their models would have represented even higher cost to the County. Due to the premium expense of stop -loss insurance exceeding recoveries, representing additional cost to the County, staff are recommending the BOCC reject all bids and continue without stop -loss insurance. PREVIOUS RELEVANT BOCC ACTION: • The County dropped its Stop Loss Coverage in 2001 after a reinsurance analysis was done over the previous 10 years. During those 10 years, the County received recoveries for only one year. • Stop Loss Insurance bid in 2011 as part of an RFP that included Fully & Self Insured, Pharmacy Benefits Managers. Recommendation at that time from staff and consultant was not to purchase Stop Loss Insurance. • May 1, 2014 agenda item presented to BOCC requesting approval to advertise a solicitation for proposals for Medical Stop Loss Insurance. After discussion, motion made not to approve solicitation for proposals. Motion passed unanimously. • Monroe County's Health Plan has experienced significant increases in the cost of health care and prescription coverage over the past several years. In 2015, the plan had 43 individuals with large claims (excess of $50,000) and in 2016, the plan had 50 individuals with large claims. The highest cost claim was $816,734 for an individual. CONTRACT /AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval - thus rejecting all bids and continuing without Medical and Prescription Drug (RX) stop -loss insurance. DOCUMENTATION: Estimated Stop Loss Premium vs. Recoveries Agenda Item Number C.36. stop loss rfp MCBCC 2017 STOP LOSS RFP FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Bryan Cook Completed Assistant County Administrator Christine Hurley 12/29/2017 4:15 PM Cynthia Hall Completed Budget and Finance Skipped Maria Slavik Skipped Kathy Peters Completed Board of County Commissioners Pending 12/29/2017 2:18 PM Completed 01/02/2018 9:51 AM 12/28/2017 2:24 PM 12/28/2017 2:24 PM 01/02/2018 9:58 AM 01/17/2018 9:00 AM Estimated Stop Loss Premiums vs. Recoveries 2017 Claims are through June 30, 2017 Estimated premiums based on the ZO17 Stop Loss REP Responses effective January 1,ZO18 Estimated prior years rates by assuming a 12% difference in rates each year. Tab 0 Estimated Stop Loss Premiums vs. Recoveries $750,000 Deductible $500,000 Deductible $300,000 Deductible Calendar Year Premium Recoveries Premium Recoveries Premium Recoveries 2015 304,507 $40,696 447,345 $290,696 805,648 $535,178 2016 341,048 $103,843 501,026 $393,640 902,325 $971,463 62017 $190,987 $0 $280,575 $9,077 $505,302 $209,077 336,543 $144,539 $1,228,945 $693,413 $2,213,275 $1,715,718 2017 Claims are through June 30, 2017 Estimated premiums based on the ZO17 Stop Loss REP Responses effective January 1,ZO18 Estimated prior years rates by assuming a 12% difference in rates each year. Tab 0 Estimated Stop Loss Premiums vs. Recoveries C ounty of Monroe 0 MOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida Keys Mayor Pro Tern David Rice, District 4 Danny L Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 AGENDA ITEM WORDING: Approval to advertise a solicitation for proposals for Medical and Prescription Drug (RX) Stop Loss Insurance, i CONTRACUAGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: Effective ate: Unknown Expiration ate: Unknown Indirect Costs: Estimated Ongoing Costs Not Included its above dollar aunts: Revenue Producing: No If yes, amount: Great: County the Insurance gird: Additional Details: REVIEWED Christine Hurley Budget and Finance Cynthia hall Maria Slavik Kathy Peters Board of County Commissioners Completed Completed Completed mitd Completed Pending I MONROE COUNTY REQUEST FOR PROPOSALS FOR MEDICAL AND RX STOP LOSS INSURANCE BOARD OF COUNTY COMMISSIONERS Mayor, George Neugent, District 2 Mayor Pro Tem, David Rice, District 4 Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 COUNTY ADMINISTRATOR Roman Gastesi CLERK OF THE CIRCUIT COURT EMPLOYEE SERVICES Kevin Madok Employee Benefits May 22, 2017 1 of 29 NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on July 5, 2017, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: MEDICAL AND RX STOP LOSS INSURANCE MONROE COUNTY, FLORIDA Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR www.monroecountybids.com or call toll-free at 1- 800 - 711 -1712. The Public Record is available at the Monroe County Purchasing Office located at The Gato Building, 1100 Simonton Street, Room 2 -213, Key West, Florida. All Responses must be sealed and must be submitted to the Monroe County Purchasing Office. Publication dates Citizen Wed. 5/10/17 Keynoter Wed. 5/10/17 Reporter Fri. 5/12/17 2 of 29 TABLE OF CONTENTS SECTION ONE - INSTRUCTIONS TO PROPOSERS SECTION TWO - COUNTY FORMS EXHIBITS ATTACHMENTS EXHIBIT A SCOPE OF SERVICES EXHIBIT B STOP LOSS QUESTIONNAIRE EXHIBIT C STOP LOSS PRICING FORM A. CENSUS B. CLAIMS EXPERIENCE C. BENEFIT BOOKLET D. MEDICAL LAG REPORT E. SUPPLEMENT TO THE PLAN 2017 3 of 29 SECTION ONE: INSTRUCTIONS TO PROPOSERS 1. Objective of the Request for Proposals (RFP) The County is seeking an insurance vendor to provide the County with a stop loss insurance policy for its self- insured health plan in accordance with the specifications outlined in this Request for Proposals. The County anticipates that this contract will be awarded for an effective date of January 1, 2018. The initial policy term will be for one year and the County may elect to renew for up to three (3) additional consecutive 1 year terms, dependent upon acceptability of cost, coverage, service, provider stability and market conditions. The County is requesting proposals for Specific and Aggregate insurance as follows Deductible $300,000 $500,000 $750,000 Contract Both 15/12 and Paid Lifetime Max: Unlimited Agg. Corridor 125% Annual Agg Max: Unlimited Requested Commission None The County may elect to purchase only Specific Stop Loss coverage. Please indicate in Exhibit C, the Stop Loss Pricing Form, whether there is an impact to your rates if the Aggregate coverage is not elected. Proposals are requested to be submitted net of commissions, although it is not required If any compensation for an agent is included in the rates, this must be fully disclosed along with the exact services the agent will be providing to the County. Please note that any entity and /or person who participated in the drafting of this RFP is disqualified from submitting a proposal in response to this RFP or receiving a commission as a result of the award of a contract for services arising out of this RFP. Calendar Date Activity May 22, 2017 RFP Release Date June 12, 2017 Deadline for Vendor Questions June 19, 2017 Addendum Release Date July 5, 2017 Bid Opening — 3:00 PM. No late bids will be accepted September 13, 2017 Selection Committee Ranking Meeting September 22 2017 Finalist Interviews (if necessary) October 18, 2017 Monroe County BOCC Meeting — Approval to negotiate contract January 1, 2018 Contract Effective Date NOTICE OF POSSIBLE INTERVIEW 4 of 29 The County may wish to interview finalists in Key West on September 22, 2017. Proposers who are to be invited for finalist interviews will be notified no later than September 13, 2017 (specific instructions regarding the presentation will also be provided no later than September 13, 2017) and should be committed to accommodating this time frame to meet in Key West. Staff present should include all key staff with direct client responsibilities for the MCBCC account, as well as an individual who is authorized to contractually obligate the firm. 2. Background Information Monroe County is a non - charter county and a political subdivision of the State of Florida. The County population is approximately 76,000. The Board of County Commissioners, constituted as the governing body, has all the powers of a body corporate, including the powers to contract; to sue and be sued; to acquire, purchase, hold, lease and convey real estate and personal property; to borrow money and to generally exercise the powers of a public authority organized and existing for the purpose of providing community services to citizens within its territorial boundaries. In order to carry out this function, the County is empowered to levy taxes to pay the cost of operations. Monroe County is the southernmost county in the United States. It is comprised of the Florida Keys and a portion of the Florida Everglades. The Florida Keys are an archipelago of islands stretching from Key West, only 90 miles from Cuba, up to the mainland. In addition to the unincorporated county, there are five municipalities in the Florida Keys: Key West, Marathon, Key Colony Beach, Layton, and Islamorada. Further information about the demographics of the County can be found here: http://www.monroecounty-fl.gov/index.aspx?NID=27 . Approximately one -third of the population is situated in the City of Key West, which is the county seat; however, the County offers services throughout the Keys, and has government buildings throughout the Lower Keys (primarily Big Pine Key), Middle Keys (primarily Marathon), and Upper Keys (primarily Plantation Key and Key Largo) in addition to Key West, with employees stationed in all locations. 3. Present Information Monroe County currently offers one self- insured PPO plan to its employees, retirees, and dependents, including surviving spouses. Current Plan benefits are shown in ATTACHMENT C — BENEFIT BOOKLET. The anniversary date for the plan year is January 1. Premiums for active employees may be paid on a pretax basis through the County's Section 125 Plan. Premiums for Retirees and Surviving Spouses are collected by the County. Coverage is currently tracked by Active Employees, Retirees, COBRA, and Surviving Spouses for the following groupings: • The Board of County Commissioners; • The Clerk of the Circuit Court; • Tax Collector; • Property Appraiser; • Supervisor of Elections; • Sheriff's Office; • Land Authority, and; • Court Administration. 5 of 29 Domestic Partners are included as dependents subject to the criteria in Monroe County Resolution 081 -1998, available at http monroe- clerk.com /webIink8 /0 /doc /2348 /Page1.aspx. The self- insured PPO medical plan is administered by Florida Blue, which has provided coverage since 2011. The Prescription Drug benefit is carved out and is administered by Envision Rx. The County is committed to maintaining strong network access, aggressive cost controls, effective medical management programs, and transparency. Prior to moving to Florida Blue, the PPO plan was administered by Wells Fargo, with Precertification /Utilization Review provided by Keys Physician Hospital alliance (KPHA) Networks were provided at that time through KPHA and the Dimension Health Plus Network in South Florida, with Multiplan as a wrap network. The County has not carried Stop Loss coverage for the Medical Plan since it dropped the coverage in 2001. Compensation: Proposer shall be in compliance with Section 624.428, Florida Statutes. If any commissions and /or service fees are included in your rate quotation, you shall specify the amount of the commissions and /or service fees, to whom they may be paid and your reason(s) for including them. The Monroe Countv Board of Countv Commissioners has enaaaed an indeaendent roaosals to the Selection Committee with reaard to the RFP. and to assist in Please note that any entity and /or person who participated in the drafting of this RFP is disqualified from submitting a proposal in response to this RFP or receiving a commission as a result of the award of a contract for services arising out of this RFP. 6 of 29 4. Evaluation Criteria A Selection Committee will be convened to review the Proposals and recommend which Vendor should be selected for the project. The successful Proposer will be selected based on the following criteria. Cost of Services — pricing 30 points Ability to provide the Scope of Services. The points 30 points for this criterion will be assigned based on both the responses /compliance to the Scope of Services and the overall information included in the Proposal. This criterion will evaluate both quantitative and qualitative information including but not limited to: 1. Acceptance of County Contractual Requirements 2. Adherence to the Florida Local Government Prompt Payment Act, Section 218.70 F.S. 3. Termination clauses in the contract 4. Indemnification language Contractual Assessment analyzing the Proposals for 20 points contract and coverage terms, including but not limited to: 1. Potential Gaps in coverage 2. Adherence to Plan Documents 3. Notice of Loss provisions Prior experience with government clients /references 10 points Compliance with RFP Specifications (responsiveness, 5 points submission of required forms, follows required format, etc.) Location of firm (local preference if applicable: up to 5 5 points additional points) Total points earned are on a scale of 1 —100 points 1 = lowest 100 = highest A Selection Committee will be analyzing the Proposals, reviewing the Analysis, and providing recommendations to the County Administrator who will ultimately make a recommendation to the Board of County Commissioners regarding which Proposer should be hired. 5. Requests for Additional Information or Clarification Requests for additional information or clarification relating to the specifications of this Request for Proposals shall be submitted in writing directly to: Maria Fernandez - Gonzalez, Administrator /HIPAA Privacy Officer 1100 Simonton Street, Suite 2 -268 7 of 29 Key West, Florida 33040 Facsimile (305) 292 -4452 All requests for additional information for, must be received no later than 3:00 PM, June 12, 2017 Any requests received after that date and time will not be answered. All timely requests for additional information will be answered via an addendum to the RFP, which shall be distributed to all interested Proposers on the schedule listed above. Oral requests will not be answered All addenda are a part of the contract documents and each Proposer will be bound by such addenda, whether or not received by him /her. It is the responsibility of each Proposer to verify that he /she has received all addenda issued before responses are opened. 6. Content of Submission The Proposal submitted in response to this Request for Proposals (RFP) shall be submitted as instructed in the RFP documents. Proposers are responsible to access and review the County's specifications. The Proposal shall be printed on 8 -1/2" x 11" white paper and bound; shall be clear and concise, tabulated, and provide the information requested herein. Statements submitted without the required information will not be considered. The Proposer should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Proposer must submit adequate documentation to certify the Proposer's compliance with the County's requirements. Proposer should focus specifically on the information requested. Responses shall be organized as indicated below. 7. Format. Each Proposal shall include the following: A. Cover Page_ A cover page that states "Request for Proposals for Medical and Rx Stop Loss Insurance ". The cover page should contain Proposer's name, address, telephone number, and the name of the Proposer's contact person(s). B. Table of Contents The Table of Contents shall be sufficiently detailed to allow for the members of the Selection Committee to easily locate all the required components of the Proposal. C. Tabbed Sections 8 of 29 Tab 1. Letter of Transmittal The Proposer shall provide a letter confirming that the Proposal is an authorized offer by the Proposer and shall list the names of the persons who will be authorized to make representations for the Proposer, their titles, addresses and telephone numbers. Tab 2. Minimum Qualifications Proposer shall provide a statement addressing each item below and supply evidence in this Tab that demonstrates compliance with the minimum qualifications. • The Proposer shall be licensed in the State of Florida to provide the requested services. • The Proposer shall have an A.M. Best rating of A- or higher and a financial size category of VI or higher. • If the Proposer is not rated by A.M. Best or the A.M. Best rating is below A -/VI, proposer must submit three (3) years of independent audited financial statements. • The Proposer shall provide a minimum of five (5) customer references for which they have provided Stop Loss insurance within the past three (3) years. At least two (2) of these references must be from other city or county governments of a similar size within the State of Florida. Each reference at a minimum shall include: • Name and full address of the client; • Name, address, title, and telephone number of the client contact; • Identification of services provided, including years for which the services were offered • The Proposer shall include at least three (3) letters of reference from clients which describes the services performed and the client's satisfaction with the services provided. Letters of reference are preferred, however, if the Proposer desires to include surveys completed by clients regarding the service of the Proposer, they will be considered. Documents from governmental /public entity clients are preferred. Copies are acceptable. Only those Proposers who provide references along with their Proposal will be awarded points. Tab 3. Scope of Services Please include each of the following completed Exhibits under this Tab 1. EXHIBIT A —Scope of Services. 2. EXHIBIT B — STOP LOSS QUESTIONNAIRE 3. EXHIBIT C — STOP LOSS PRICING FORM. If your response indicates that you "can comply with deviations ", you must fully explain the deviations in this Tab. 9 of 29 Tab 4. Staffing for this Project and Qualifications of Key Personnel The Proposer shall briefly describe the composition and structure of the firm (sole proprietorship, corporation, partnership, joint venture) and include names of persons with an interest in the firm. Proposer shall include a list of the proposed staff that will perform the work required and shall identify any sub - contractors that will be used, if awarded this contract. The Proposer shall describe the qualifications for each employee on the project team and identify his /her role on the team. If sub - contractors are to be utilized, Proposer must clearly specify the role of each sub - contractor and provide evidence of their qualifications. Include in this section the location of the main office and the location of the office proposed to work on this project. Tab 5. Litigation In accordance with Section 2- 347(h) of the Monroe County Code, the Proposer must provide the following information: (1) A list of the person's or entity's shareholders with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s); (2) A list of the officers and directors of the entity; (3) The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects); (4) The number of years the person or entity has operated under its present name and any prior names; (5) Answers to the following questions regarding claims and suits: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? If yes, provide details; b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? If yes, provide details; c. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five (5) years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes, provide details; d. Has the person, principal of the entity, or any entity previously 10 of 29 owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? If yes, provide details; e. Whether, within the last five (5) years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation. f. Credit references (minimum of three), including name, current address and current telephone number. Tab 6. County Forms Proposer shall complete, execute, and attach the forms specified below which are located in Section Two in this RFP, as well as a copy of a business tax receipt from the Tax Collector's Office and shall include it in this section, i.e. Tab 6: Forms: • Submission Response Form • Lobbying and Conflict of Interest Ethics Clause • Non - Collusion Affidavit • Drug Free Workplace Form • Public Entity Crime Statement • Any Proposer claiming a local preference as defined in Monroe County Ordinance 023 -2009 must complete the Local Preference Form and attach to the Proposal. 8. COPIES OF RFP DOCUMENTS A. Only complete sets of RFP Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of RFP Documents may be obtained in the manner and at the locations stated in the Notice of Request for Competitive Solicitations. C. Each Proposer is responsible for obtaining all Addenda for this RFP and for acknowledging receipt of all Addenda on the RESPONSE FORM. 9. STATEMENT OF PROPOSAL REQUIREMENTS See also Notice of Request for Competitive Solicitation. Interested firms or individuals are requested to indicate their interest by submitting a total of two (2) signed originals and nine (9) complete copies of the Proposal (total = 11 of 29 11). The Proposer shall also submit two (2) CDs, thumb drives, or other form of electronic media, each of which shall contain a complete electronic copy of the proposal. Proposal Submission All portions of the Proposal must be sent in a sealed envelope, clearly marked on the outside with the Proposer's name and "PROPOSAL FOR MEDICAL AND RX STOP LOSS INSURANCE ", addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 2 -213, Key West, FL 33040, which must be received on or before 3:00 P.M. Eastern Daylight Saving Time on July 5, 2017 It is the responsibility of the vendor to send the Proposal in such a way as to ensure delivery by that date and time. The electronic copies must retain all of the Exhibits in the original or requested format (not PDF) in order to be considered compliant with the Bid Specifications. Hand delivered Proposals may request a receipt. No Proposals will be accepted after 3:00 P.M on July 5, 2017. Faxed or e- mailed Proposals shall be automatically rejected. It is the sole responsibility of each Proposer to ensure its Proposal is received in a timely fashion. 10. DISQUALIFICATION OF PROPOSER A. NON - COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON - COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Proposers, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future proposals for the same work. B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG - FREE WORKPLACE FORM and submit it with his /her proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 12 of 29 D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his /her bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 11. EXAMINATION OF RFP DOCUMENTS A. Each Proposer shall carefully examine the RFP and other contract documents, and inform himself /herself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Proposer shall in no way relieve him /her of the obligations and responsibilities assumed under the contract. B. Should a Proposer find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. 12. GOVERNING LAWS AND REGULATIONS The Proposer is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, professional license requirements and regulations that in any manner affect the work. Knowledge of business tax requirements for Monroe County and municipalities within Monroe County are the responsibility of the Proposer. 13. PREPARATION OF RESPONSES Signature of the Proposer: The Proposer must sign the response forms in the space provided for the signature. If the Proposer is an individual, the words "doing business as or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Proposer is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with evidence of his authority to sign the Response must be submitted. The Proposer shall state in the response the name and address of each person having an interest in the submitting entity. 14. MODIFICATION OF RESPONSES Written modifications will be accepted from Proposers if addressed to the entity and address indicated in the Notice of Request for Competitive Solicitation and received prior to Proposal due date and time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with the Proposer's name and "MODIFICATION TO MEDICAL AND RX STOP LOSS INSURANCE." If sent by mail or by courier, the above - mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or e- mailed modifications shall be automatically rejected. 13 of 29 15. RESPONSIBILITY FOR RESPONSE The Proposer is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 16. RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened Proposers' names shall be read aloud at the appointed time and place stated in the Notice of Request for Competitive Solicitation. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Proposers or their authorized agents are invited to be present. The County reserves the right to reject any and all responses and to waive technical error and irregularities as may be deemed best for the interests of the County. The County also reserves the right to withdraw the Request for Competitive Solicitation at any time without an award. Responses that contain modifications that are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Instruction to Proposer, may be rejected at the option of the County. 17. PROPRIETARY AND CONFIDENTIAL INFORMATION All Proposals received as a result of this RFP are subject to Chapter 119, Florida Statutes and will be made available for inspection by any person in accordance with Florida Statutes. Any Proposer asserting that any portion of its Proposal is confidential or exempt from disclosure under Florida's public records laws must specifically identify the portions of the Proposal asserted to be confidential or exempt and must provide specific citations of the Florida Statutes that establish the confidentiality or exemption. All material that is designated as confidential or exempt from Chapter 119 must be submitted in a separate envelope, clearly identified as "PUBLIC RECORDS EXEMPT" with your name and the Proposer's name marked on the outside. If that material is requested through a public records request, the County will notify the Proposer of the request and give the Proposer five (5) calendar days to obtain a court order blocking the production of the material. If court order is not issued during that time to block the production, the material will be produced. By your designation of material in your Proposal as "Public Records Exempt ", you agree to defend and hold harmless the County from any claims, judgments, damages, costs, and attorney's fees and costs of the challenger and for costs and attorney's fees incurred by the County by reason of any legal action challenging your designation. Please be advised that the designation of an item as exempt from disclosure as a Public Record may impact the ability of the Evaluating Body to adequately assess a Proposal and may therefore affect the ultimate award of the contract. 14 of 29 18. AWARD OF CONTRACT A. The County reserves the right to award separate contracts for the services based on geographic area or other criteria, and to waive any informality in any response, or to re- advertise for all or part of the work contemplated. B. The County also reserves the right to reject the response of a Proposer who has previously failed to perform properly or to complete contracts of a similar nature on time. C. The recommendation of the Selection Committee and staff shall be presented to the Board of County Commissioners of Monroe County, Florida, for final selection and award of contract. 19. CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS The Proposer shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Proposer. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better, The required insurance shall be maintained at all times while Proposer is providing service to County. Worker's Compensation Statutory Limits Employers' Liability Insurance Bodily Injury by Accident $100,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee $100,000 General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence $200,000 property damage 15 of 29 Professional Liability $1,000,000 per Occurrence $2,000,000 Aggregate Monroe County shall be named as an Additional Insured on the General Liability. 20. INDEMNIFICATION The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Proposer or any of its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission of the Proposer, its Subcontractor(s), their officers, employees, servants or agents. In the event that the service is delayed or suspended as a result of the Proposer /Vendor's failure to purchase or maintain the required insurance, the Vendor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Proposer is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 21. EXECUTION OF CONTRACT The County intends to make an award to the Proposer that has complied with the terms, conditions and requirements of the RFP. Any agreement resulting from this RFP must be governed by the laws of the State of Florida, and must have venue established in the State of Florida. The agreement will be submitted to the Monroe County Board of County Commissioners for final approval. 16 of 29 SECTION TWO: COUNTY FORMS AND INSURANCE FORMS [This page intentionally left blank, with forms to follow.] 17 of 29 RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department GATO BUILDING, ROOM 2 -213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 ❑I acknowledge receipt of Addenda No.(s) I have included: • Response Form ❑ • Lobbying and Conflict of Interest Clause ❑ • Non - Collusion Affidavit ❑ • Drug Free Workplace Form ❑ • Public Entity Crime Statement ❑ • Copy of business tax receipt from the ❑ Tax Collector's office • Local Preference Form (if applicable) ❑ El have included a current copy of the following professional licenses and proof of business tax: If the applicant is not an individual (sole proprietor), please supply the following information: APPLICANT ORGANIZATION: (Registered business name must appear exactly as it appears on www.sunbiz.org Any applicant other than an individual (sole proprietor) must submit a printout of the "Detail by Entity Name" screen from Sunbiz, and a copy of the most recent annual report filed with the Florida Department of State, Division of Corporations. Provide your estimated premium below using a 15/12 contract basis Estimated Individual Stop Loss Annual Premium ($300,000): $ Estimated Aggregate Stop Loss Premium (Unlimited with $300,000 ISL): $ Estimated Annual Claims: $ Aggregate Corridor Proposed: % Mailing Address Signed Telephone: _ Fax: Date Witness: (Print Name) (Title) STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by to me or has produced identification. (name of affiant). He /She is personally known (type of identification) as NOTARY PUBLIC My Commission Expires: 18 of 29 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE it (Company) "...warrants that he /it has not employed, retained or otherwise had act on his /her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010- 1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by personally known to me or has produced (type of identification) as identification (name of affiant). He /She is NOTARY PUBLIC My Commission Expires: 19 of 29 NON - COLLUSION AFFIDAVIT I, of the city of law on my oath, and under penalty of perjury, depose and say that lam of according to of the firm the bidder in the Request for Proposals and that I executed making the Proposal for the project described for the said proposal with full authority to do so; 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) STATE OF: COUNTY OF: Date: Subscribed and sworn to (or affirmed) before me on (date) by known to me or has produced as identification. (type of identification) NOTARY PUBLIC My Commission Expires: (name of affiant). He /She is personally 20 of 29 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on produced (date) by (name of affiant). He /She is personally known to me or has (type of identification) as identification. NOTARY PUBLIC My Commission Expires: Date: 21 of 29 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) STATE OF: Date: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by known to me or has produced (type of identification) as identification. (name of affiant). He /She is personally NOTARY PUBLIC My Commission Expires: 22 of 29 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 23 of 29 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self- insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 24 of 29 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 25 of 29 PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor, shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $1,000,000 per occurrence /$2,000,000 aggregate 26 of 29 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: • The County as being named as an Additional Insured — If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has not been granted the authority to waive this provision. and • The Indemnification and Hold Harmless provisions Waiving of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirement form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny this Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision - making authority. 27 of 29 MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: Address of Contractor Phone: Scope of Work: Reason for Waiver Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: PROPOSER SIGNATURE 28 of 29 LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Sec this form. Name of Proposer /Responder Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? The physical business address must be registered with the Florida Department of State as its principal place of business for at least one year prior to the notice of request for bids or proposals. (Please furnish copy of Florida Department of State Detail by Entity Name sheet showing Principal Address) List Address: Telephone Number: B. Does the vendor /prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: 1. Copy of receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor address within Monroe County from which the subcontractor operates: Signature and Title of Authorized Signatory for Bidder/Responder: STATE OF _ COUNTY OF On this day of , 20 , before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he /she is the person who executed the above Local Preference Form for the purposes therein contained. Notary Public Print Name My commission expires: 2 -349, Monroe County Code must complete Tel. Number Print Name: Seal 29 of 29