Item C27lrl
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BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
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George Neugenf District 2
Heather Carruthers, District 3
County Commission Meeting
October 17, 2018
Agenda Item Number: C27
Agenda Item Summary #4792
BULK ITEM: Yes DEPARTMENT: Employee Services
TIME APPROXIMATE: STAFF CONTACT: Natalie Maddox (305) 292 -4450
N/A
AGENDA ITEM WORDING: Approval to award a bid to and negotiate an agreement with the
Gehring Group to provide Benefits Consulting Services to Monroe County for up to 5 years with 2
year renewal options.
ITEM BACKGROUND: In July 2018, the BOCC approved an RFP for Benefits Consulting
Services including: design of our group benefit program (health, prescription, dental, vision, life,
accidental death and dismemberment, and actuarial services), to ensure that the County is receiving
the best coverage at reasonable costs, to analyze plan design, costs, and administrative programs,
assist with vendor proposal analysis, advise and assist on health care industry trends and
compliance, and provide other related benefits consulting services.
The County received proposals from three companies: FBMC, Gallagher Benefit Services, and The
Gehring Group.
On September 27, 2018, the Selection Committee met to discuss the proposals and make a
recommendation to the BOCC.
The Selection Committee scored and ranked the Proposals as follows (out of 300 total potential
points):
1. Gehring Group — total score 286
2. Gallagher Benefit Services — total score 282
3. FBMC — total score 237
The Selection Committee recommends that Monroe County BOCC negotiate an agreement with
the top- ranked proposer, Gehring Group, to provide Benefits Consulting Services.
If this agenda item is approved by the BOCC, staff will bring back an agreement to the BOCC at a
subsequent meeting.
PREVIOUS RELEVANT BOCC ACTION:
September 15, 2010 MCBOCC entered into an agreement with Gallagher Benefits Services (GBS) to
provide employee benefits consulting;
April 17, 2013 agreement with Gallagher Benefit Services was renewed for one (1) year and
subsequently renewed at the County's option for two (2) additional consecutive one year terms;
October 1, 2016 agreement extended for one (1) additional year through September 20, 2017;
February 15, 2017 agreement extended for one (1) additional year through December 30, 2018.
July 2018 — Approval to advertise an RFP for Benefits Consulting Services
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
BENEFITS CONSULTANT RFP 2018
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County:
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 09/28/2018 4:59 PM
Natalie Maddox Completed 09/28/2018 5:16 PM
Assistant County Administrator Christine Hurley
10/01/2018 12:52 PM
Cynthia Hall Completed
Budget and Finance Completed
Maria Slavik Completed
Kathy Peters Completed
Board of County Commissioners Pending
Completed
10/02/2018 9:11 AM
10/02/2018 10:38 AM
10/02/2018 2:21 PM
10/03/2018 10:51 AM
10/17/2018 9:00 AM
MONROE COUNTY
REQUEST FOR PROPOSALS
FOR
EMPLOYEE BENEFITS
CONSULTING SERVICES
BOARD OF COUNTY COMMISSIONERS
Mayor H David Rice, District 4
Mayor Pro Tern, Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
CLERK OF THE CIRCUIT COURT
KEVIN MADOK
EMPLOYEE SERVICES DEPT.
BRYAN COOK, DIRECTOR
DEADLINE FOR PROPOSALS: SEPTEMBER 6, 2018 3:00 P.M.
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TABLE OF CONTENTS
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
SECTION ONE - Instruction to Proposers
SECTION TWO - Draft Agreement
Exhibit A, Scope of Services
SECTION THREE - County Forms and Insurance Forms
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NOTICE OF REQUEST FOR COMPETITIVE
SOLICITATIONS
NOTICE IS HEREBY GIVEN that on September 6, 2018, at 3:00 P.M.,
the Monroe County Purchasing Office will receive and open sealed responses for
the following:
EMPLOYEE BENEFITS CONSULTING SERVICES
MONROE COUNTY, FLORIDA
All responses must be sealed and must be submitted to the Monroe County
Purchasing Office.
Publication Dates
Citizen: Mon., 07/23/2018
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SECTION ONE: INSTRUCTION TO PROPOSERS
1. OBJECTIVE OF THE REQUEST FOR PROPOSAL
The Monroe County Board of County Commissioners (MCBOCC) is requesting
proposals from qualified individuals or firms to provide consulting services for the group
benefit program (health, prescription, dental, vision, life, accidental death and
dismemberment, and actuarial services) to ensure that the County is receiving the best
coverage at reasonable costs, to analyze the design costs and administrative services
programs and to assist with preparation of group benefit program requests for proposal.
2. BACKGROUND INFORMATION
Monroe County ( "County ") is a non - chartered county and a political subdivision of the
State of Florida. The population of the County is estimated at approximately 76,000.
The Monroe County 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, County is empowered to levy taxes to pay
the cost of operations.
The Present Plan
Currently, the County offers its employees a self- funded medical program
through Florida Blue that consists of two plans: Traditional PPO and High
Deductible Health Plan with Health Savings Account (HD /HP with HSA). The
Pharmacy Benefits Manager (PBM) is Envision Pharmaceutical Services, Inc.
with an Employee Group Waiver Plan (EGWP) Wrap for Medicare Eligible
Retirees and dependents. Life insurance provider is Minnesota Life. The
employee assistance plan (EAP) provider is Quantum Health Solutions.
Voluntary benefits offered: dental (Delta Dental), vision (VSP), and
supplementary accident/illness plan (AFLAC).
The County has two collective bargaining agreements that must be considered when
there may be a change in benefit plans or procedures.
As of June 1, 2018, there are 1129 active employees, 286 retirees & 832
dependents enrolled in the group health insurance plan. The County currently
contracts with Gallagher Benefit Services to provide benefits consulting services
on a fee - for - service basis.
3. RFP Schedule: A summary schedule of the major activities
associated with this solicitation is presented below. The County, at its
sole discretion, may modify this schedule as the County deems
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appropriate.
The initial contract term will be for five (5) years beginning January 1, 2019, renewable
at the County's option for two (2) additional consecutive year terms.
Calendar
Date
Activity
7/18/2018
RFP Draft to BOCC for approval
7/23/2018
RFP Advertise /Release date
8/13/2018
Deadline for Questions — 3:00 p.m.
8/20/2018
Addendum Release date
9/06/2018
RFP Responses Due — 3:00 p.m.
10/10/2018
Selection Committee Ranking meeting
11/20/2018
To BOCC for approval of contract
01/01/2019
Relationship Effective Date
4. SCOPE OF THE WORK TO BE PROVIDED BY PROPOSER
The scope of work is included in Exhibit A.
5 QUALIFICATIONS NECESSARY OF CONSULTANT
The firm must enter into an agreement stating that all staff members, independent
contractors, subcontracted work, if any, all service providers it uses, engages or
manages, comply with Health Insurance Portability and Accountability Act (HIPAA)
privacy and security rules, and that the firm will be liable for any breach.
Proposals received from firms that have a contractual relationship with a group
health
carrier that would preclude the firm from being unbiased in the services provided to
the
County will not be considered for evaluation. Proposers must disclose any
contractual
relationship in writing, in the proposal, with any persons or entities in the following
categories: (a) third party administrators; (b) utilization review /large claims
management; (c) health insurance carriers. Proposers will be disqualified from
receiving any commissions from County vendors.
The Proposer must warrant that it has not employed or retained a company or
person,
other than a bona fide employee, contractor or subcontractor, working in its employ,
to
solicit or secure a contract with the County and that it has not paid or agreed to pay
any
person, company, corporation, individual or firm other than a bona fide employee,
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contractor or subcontractor, working in its employ any fee, commission, percentage,
gift or other consideration contingent upon or resulting from the award or making of
a contract with the County.
The firm and its employees who are responsible and accountable for the county's
account and subcontractors, if any, must have all necessary current licenses issued
by the Florida Department of Insurance for providing either consulting services or
health benefits insurance. Proper documentation shall be attached to the proposal.
The firm's servicing office that would provide services to the County must have at
least one (1) Marketing Account Executive and one (1) Customer Service
Representative, each with a minimum of three (3) years of health insurance
experience.
Firms providing actuarial services for the County must be certified as a Fellow of the
Society of Actuaries.
6. PAYMENT TERMS
• The County is aware that some consultants normally receive their
compensation from the insurance provider based on a percentage of the
overall account value. We request respondents to quote a fixed fee that
encompasses the entire Scope of Services requested in Section Two,
Exhibit A.
• The contractor shall submit to the County an invoice with supporting
documentation acceptable to the County Clerk on a schedule as set forth
in the contract. Acceptability to the Clerk is based on generally accepted
accounting principles and such laws, rules and regulations as may govern
the Clerk's disbursal of funds.
• The contractor will submit such invoice monthly for services provided
during the preceding month.
• Upon receipt of the contractor's invoice in the proper form as stipulated
above and upon acceptance by the Clerk, Monroe County will make
payment in accordance with the Florida Local Prompt Payment Act,
Section 218.70, Florida Statutes.
7. EVALUATION CRITERIA
Award shall be made to the responsible proposer whose proposal is determined to be the
most advantageous to the County, taking into consideration the evaluation criteria set forth
below:
Proposer's Experience and Background
20 points
Account Service Team's Experience
20 points
Ability to provide services listed in Scope
of Services.
20 points
Capacity and Resources
15 points
Approach and Methodologies
10 points
Price of proposal
15 points
Total points earned are on a scale of 1 — 100 points
1 = lowest 100 = highest
!:
A Selection Committee will be analyzing Proposals 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.
8. REQUEST FOR ADDITIONAL INFORMATION
Request for additional information or clarification relating to the specifications of this
Request for Proposals shall be submitted in writing directly to:
Maria Fernandez - Gonzalez, Benefits Administrator
1100 Simonton Street, Suite 2 -268
Key West, FL 33040
Facsimile (305) 292 -4452
Gonzalez - maria @monroecounty - fl.gov
All requests for additional information must be received in writing no later than 3:00 PM,
August 16, 2018.. Any requests received after that date and time will not be answered.
All requests for additional information will be answered via an addendum to the RFP,
which shall be distributed via DemandStar 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.
9. CONTENT OF SUBMISSION
The proposal submitted in response to this Request for Proposals (RFP) shall; shall be
clear and concise, tabulated, and provide the information requested herein. Statements
submitted without the required information will not be considered. Responses shall be
organized as indicated below. 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.
Format. The proposal shall include the following:
A. Cover Page.
A cover page that states "EMPLOYEE BENEFITS CONSULTING SERVICES ". The cover page
should
contain Proposer's name, address, telephone number, and the name of the Proposer's contact
person.
B. Table of Contents
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C. Tabbed Sections
TAB 1. PROPOSER'S EXPERIENCE AND BACKGROUND
A. Submit a detailed narrative description documenting Proposer's overall background
and experience to include, but not limited to, the following:
(1) History of Proposer, number of years in business, and number of
years providing benefits consulting services. Detail any name or
ownership changes.
(2) General overview of Proposer's benefits consulting experience.
(3) Benefits consulting experience with public sector clients including
the number of years providing services to these clients.
(4) Benefits consulting experience with clients in Florida.
(5) Benefits consulting experience with clients with 1000 or
more employees.
(6) Experience with GASB 75.
(7) Experience in conducting a feasibility study and providing support for an on-
site employer clinic and pharmacy.
(8) Experience in evaluating the efficacy of client- specific on -site
employer clinics and pharmacies.
(9) Experience with actuarial services.
(10) Awards, certifications, or other related recognition in the area of benefits
consulting
(11) Unique qualifications, experience, or services provided by the proposer not
specified in this Request for Proposal that should be considered by the County.
(12) Experience assisting clients in the evaluation, selection, implementation and operation
of HRIS software systems as related to benefits enrollment, management, and reporting.
B. Submit a detailed narrative documenting Proposer's specific experience
including, but not limited to, the following:
(1) Benefits consulting services for clients with unions.
(2) Negotiating and working with Collective Bargaining Agreements
C. Each Proposer shall submit at least five (5) client references for whom they
have provided services similar to those specified in this RFP in the past five (5)
years and who are agreeable to respond to a request from the County
regarding the proposer's experience. Of the five client references, a minimum
of two (2) should be with state or local government clients, preferably in the
State of Florida.
Each client reference should include the following:
(1) Organization name
(2) Contact name(s)
(3) Contact email address
(4) Address
(5) Telephone and fax numbers
(6) Dates of service (start/end)
(7) Scope of work (brief description)
D. Proposals received from firms that have a contractual relationship with a
group health carrier that would preclude the firm from being unbiased in the
services provided to the County will not be considered for evaluation. In this
tab, proposers must disclose any contractual relationship with any persons
or entities in the following categories: (a) third party administrators; (b)
utilization review /large claims management; (c) health insurance carriers.
TAB 2. ACCOUNT SERVICE TEAM'S EXPERIENCE
Submit a detailed narrative description documenting experience of the key personnel who
are proposed to work on the account team, including the individual designated as the
account manager /consultant, proposed by Proposer to include, but not limited to the
following:
(1) General overview of proposed account manager /consultant's benefits
consulting experience.
(2) Proposed account manager /consultant's benefits consulting experience with
public sector clients.
(3) Proposed account manager /consultant's benefits consulting experience with
clients in Florida.
(4) Proposed account manager /consultant's experience with GASB 75.
(5) Proposed account manager /consultant's benefits consulting experience with
clients with 1000 or more employees.
(6) Proposed account manager /consultant's experience in evaluating third -party
administrative services and making recommendations for improvements.
(7) General overview of the experience of up to five other key personnel who
have been identified for the provision of services to the County including actuarial
services.
(8) Provide a bio /resume for the account manager /consultant and each key
personnel identified above to include the following:
i. Work history
ii. Training /continuing education
iii. Specialties, professional designations and /or credentials
iv. Designated role in the provision of services to the County.
TAB 3. APPROACH AND METHODOLOGIES
(1) Provide a narrative description of Proposer's overall approach to delivering the
Scope of Services.
(2) Describe any innovative strategies or best practices Proposer proposes to implement
to enhance the provision of services.
(3) Provide details of Proposer's approach to keeping abreast of market trends, laws,
and insurance carrier initiatives.
(4) Provide a narrative of Proposer's methodology for measuring Proposer's staff
performance to ensure client satisfaction.
(5) Describe Proposer's employee training /continuing education program.
(6) Detail Proposer's time commitment for the provision of services to include annual
enrollment and other on -site services.
(7) Detail the proposed annual services and schedule to include methodologies for the
following
i. Annual benefits renewal process:
ii. Annual benefits renewal negotiations
iii. Open - enrollment services
(8) Describe up to three successes Proposer has had in the past three years in
streamlining benefits administration for clients and any associated cost reductions.
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(9) Describe up to three successes Proposer has had in the past three years for other
negotiated costs reductions and /or service enhancements for clients.
(10) Describe up to two successes in the past three years that reflect Proposer's ability
to successfully link employee participation in wellness and /or disease management to
employee /employer cost reductions.
(1 1) Describe the actuarial services that Proposer proposes for the County. Identify who
will provide these services and where they will be conducted.
(12) Provide information on any value -added service enhancements available to the
County.
TAB 4. CAPACITY AND RESOURCES
(1) Identify the home -base location for the individual designated as the County
account manager /consultant.
(2) Submit details of Proposer's staffing resources at the location(s) that will provide
services to the County as well as corporately, by discipline and the number of personnel
within each discipline.
(3) If Proposer's staffing resources includes sub - consultants, submit the name of the
firm(s) and detailed their role in the provision of services.
(4) Provide a narrative clearly defining responsibilities, contractual relationships and
roles of all individual in the organizational diagram.
(5) As a consideration of the Proposer's current, and projected workloads, state the
commitment and availability of all key personnel for County projects by providing a signed
letter of commitment.
(6) Describe any tools Proposer offers for measuring wellness and disease
management program effectiveness, program enhancements, and program value to the
employer. Include links to any on -line tools and /or examples of the tools.
TAB 5. LITIGATION
In accordance with Section 2- 437(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 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, name(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
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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 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, 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 bids.
TAB 6. OTHER INFORMATION
Proposer shall provide any additional information which will present evaluators with insight
about the knowledge, skills and abilities of the Proposer.
If the Proposer cannot fully comply with any of the terms contained in the Request for
Proposal, all deviations to the terms must be spelled out in this section, i.e. Tab 6.
TAB 7. FORMS AND LICENSES
Proposer shall complete and execute the forms specified below and located in Section
Three in this RFP, as well as a copy of a business tax receipt from the Tax Collector's
office and shall include them behind Tab 7:
Forms
Submission Response Form
Lobbying and Conflict of Interest Ethics Clause
Non - Collusion Affidavit
Drug Free Workplace Form
Public Entity Crime Statement
Request for Waiver of Insurance Requirements (if applicable)
Proof that the Proposer is an SBE (if applicable) (see section 22, below)
Also, provide a copy of any current agent/broker Licenses issued by the Florida
Department of Insurance for consulting or providing life or health insurance.
TAB 8. FEE PROPOSAL
Proposers should use this form for submitting its Fee Proposal. The pricing submitted
shall be all inclusive to provide benefits consulting services in accordance with the
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requirements as set forth in this RFP.
The Proposer's annual fee for benefits consulting services shall remain firm for the
respective year of the Agreement as designated below. Evaluation of price will be
based upon Proposers' Total Annual Fee for Years 1, 2, 3, 4, and 5.
Fee Proposal
1.
Total Annual Fee Year 1
$
2.
Total Annual Fee Year 2
$
3.
Total Annual Fee Year 3
$
4.
Total Annual Fee Year 4
$
5.
Total Annual Fee Year 5
$
TOTAL ANNUAL FEE PROPOSAL FOR
EARS 1, 2, 3, 4, AND 5
$
6.
Total Annual Fee Renewal Year 6
$
7.
Total Annual Fee Renewal Year 7
$
10. 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 Proposals.
C. Each Proposer is responsible for obtaining all addenda for this Proposal
and for acknowledging receipt of all addenda on the Response Form.
11. STATEMENT OF PROPOSAL REQUIREMENTS
It is the sole responsibility of the Proposer to utilize the forms provided in this RFP and to
ensure their Proposal is delivered to the Monroe County Purchasing Office prior to the
Due Date and Time.
The proposals shall be submitted in a sealed envelope. Included in the sealed envelope
shall be:
• One (1) bound originals clearly identifying Proposer and marked "ORIGINAL ".
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• Five (5) electronic format copies clearly identifying Proposer, each on a separate flash
memory drive.
All of the originals, copies and flash memory drives shall be delivered in one (1)
sealed envelope clearly marked on the outside with the Proposer's name and
"Employee Benefits Consulting Services ", 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. local time on September 6 2018..
Hand delivered Proposals may request a receipt. No proposals will be accepted
after 3 :00 P.M. 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.
ELECTRONIC FORMAT COPIES: Electronic format copies should be
submitted on separate USB portable flash memory drives in Adobe Acrobat
portable document format (PDF) in one continuous file. Do not password
protect or otherwise encrypt electronic proposal copies. Electronic copies must
contain an identical proposal to the original.
NOTE: Proposal responses submitted via facsimile or email will not be
accepted.
12. 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, 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.
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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.
13. 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
and the responsibility for paying the tax in Monroe County and municipalities within
Monroe County are the responsibility of the Proposer.
14. 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 the Corporation Seal Stamp and 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.
15. MODIFICATION OF RESPONSES
Written modification will be accepted from Proposers if addressed to the entity and
address indicated in the Notice of Request for Proposals 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 Proposal - Monroe
County Proposal for Employee Benefits Consulting Services ". 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.
16. 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.
17. 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 Solicitations. Monroe County's representative authorized
to open the responses will decide when the specified time has arrived and no responses
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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 errors
and irregularities as may be deemed best for the interests of the County. Responses that
contain modifications 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 and the contract documents, may be rejected at the option
of the County.
18. AWARD OF CONTRACT
A. The County reserves the right to award separate contracts for the services
based on geographic area or other, 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 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. The required insurance shall be maintained at all times
while Proposer is providing service to County.
Worker's Compensation
Employers' Liability
General Liability, including
Professional Liability
Vehicle Liability
Statutory Limits
$500,000
$300,000 combined single limit
$250,000 per occurrence
/$500,000 Aggregate
$100,000
Monroe County shall be named as an Additional Insured on the General Liability
policy and Vehicle Liability Policies.
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
15
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 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. The successful vendor will be expected to enter
into an agreement substantially along the lines of the Draft Agreement shown in Section
Two. 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, Monroe County. The
agreement will be submitted to the Monroe County Board of County Commissioners for
final approval.
22. FEDERAL CONTRACT PROVISIONS
A. SMALL AND MINORITY BUSINESSES, WOMEN'S BUSIN
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS.
The County strongly encourages the use of women -, minority- and veteran -owned
business enterprises (SBEs) and wishes to see a minimum of 25% of the contract or
subcontracts awarded pursuant to this RFP go to SBEs. Contractors may search for
Florida registered SBEs at:
http: / /www.dms.myflorida.com /agency_ administration/office _ of supplier_ diversity _osd
Any proposal submitted in which the vendor is certified as an SBE, or in which the
vendor proposes to use subcontractors that are certified as SBEs, in Florida or another
jurisdiction, must submit proof of the registration or certification from the local
authority in order to receive credit for the use of the SBE.
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SECTION TWO: DRAFT AGREEMENT
These contract documents should be used only after consultation with counsel. The
documents are not intended as legal advice appropriate to any specific situation, nor do
they purport to address all issues which may arise between the contracting parties. The
documents should be amended or supplemented where appropriate.
MONROE COUNTY
CONTRACT FOR
Employee Benefit Consulting Services
THIS AGREEMENT is made and entered into this day of , by
MONROE COUNTY ( "COUNTY'), a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040 and
( "CONTRACTOR "), whose address is (collectively,
the "Parties ").
Section 1. SCOPE OF SERVICES
CONTRACTOR shall do, perform and carry out in a professional and proper manner
certain duties as described in the Scope of Services — Exhibit A — which is attached hereto
and made a part of this agreement.
CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY.
CONTRACTOR warrants that it is authorized by law to engage in the performance of the
activities herein described, subject to the terms and conditions set forth in these
Agreement documents. The CONTRACTOR shall at all times exercise independent,
professional judgment and shall assume professional responsibility for the services to be
provided. Contractor shall provide services using the following standards, as a minimum
requirement:
A. The CONTRACTOR shall maintain adequate staffing levels to provide the
services required under the Agreement resulting from this RFP process.
B. The personnel shall not be employees of or have any contractual
relationship with the County. To the extent that Contractor uses
subcontractors or independent contractors, this Agreement
specifically requires that subcontractors and independent
contractors shall not be an employee of or have any contractual relationship
with County.
C. All personnel engaged in performing services under this Agreement shall
be fully
qualified, and, if required, to be authorized or permitted under State and
local law to perform such services.
Section 2. QUALIFICATIONS NECESSARY OF CONTRACTOR
The CONTRACTOR must certify at least annually that all staff members,
independent contractors, subcontracted work, if any, all service providers it uses,
engages or manages, comply with Health Insurance Portability and Accountability
Act (HIPAA) privacy and security rules.
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The CONTRACTOR must provide a list annually, listing any contractual relationship
between the CONTRACTOR and any persons or business entities that provide the
following services: third party administration and /or ASO; pharmacy benefits
manager; voluntary benefits including, but not limited to, life insurance, dental
and /or vision coverage.
The CONTRACTOR must provide an adequate staff of experienced personnel,
capable of
and devoted to the successful accomplishment of work to be performed under any
contract with the County. The CONTRACTOR must assign specific individuals to
the key
positions. Once assigned to work under any contract with the County, key
personnel
shall not be moved or replaced without prior written notification to the County. Such
notification shall be provided within three (3) business days of the change.
The CONTRACTOR must warrant that it has not employed or retained a
company or person, other than a bona fide employee, contractor or subcontractor,
working in its employ, to solicit or secure a contract with the County and that it has
not
paid or agreed to pay any person, company, corporation, individual or firm other
than a
bona fide employee, contractor or subcontractor, working in its employ any fee,
commission, percentage, gift or other consideration contingent upon or resulting
from the
award or making of a contract with the County.
The following persons will provide the services under this Agreement:
Any change to the above - listed personnel requires notification to the County, in
writing, within three (3) business days after implementation of the change.
The firm and its employees who are responsible and accountable for the county's
account and subcontractors, if any, must have all necessary current licenses issued
by the Florida Department of Insurance for providing either consulting services or
health benefits insurance.
The firm's servicing office that would provide services to the County must have at
least one (1) Marketing Account Executive and one (1) Customer Service
Representative, each with a minimum of three (3) years of health insurance
experience.
Section 3. COUNTY'S RESPONSIBILITIES
HR
3.1 Provide all best available information as to the COUNTY'S requirements for
Employee
Benefits Consulting Services.
3.2 Designate in writing a person with authority to act on the COUNTY'S behalf on all
matters
concerning Employee Benefits Consulting Services.
3.3 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR.
Section 4. TERM OF AGREEMENT
4.1 The initial contract term will be for five (5) years beginning January 1, 2019,
renewable at the County's option for two (2) additional consecutive 1 -year terms.
Section 5. COMPENSATION
Annual compensation to CONTRACTOR throughout the term of this Agreement (the
"Contract Price ") is as follows:
Section 6. PAYMENT TO CONTRACTOR
6.1 Payment will be made according to the Florida Local Government Prompt Payment
Act. Any request for payment must be in a form satisfactory to the Clerk of Courts
for Monroe County (Clerk). The request must describe in detail the services
performed and the payment amount requested. The CONTRACTOR must submit
invoices to the appropriate offices marked Benefits Office. The respective office
supervisor and the Director of Employee Services, who will review the request,
note his /her approval on the request and forward it to the Clerk for payment.
6.2 Continuation of this Agreement is contingent upon annual appropriation by Monroe
County Board of County Commissioners.
6.3 The annual compensation listed in Section 5 will be payable in monthly
installments. The Contractor will submit each invoice monthly for services provided
during the preceding month.
Section 7. CONTRACT TERMINATION
Either party may terminate this Agreement because of the failure of the other party to
perform its obligations under the Agreement. COUNTY may terminate this Agreement
with or without cause upon thirty (30) days' notice to the CONTRACTOR. COUNTY shall
pay CONTRACTOR for work performed through the date of termination.
Section 8. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his
response, and this Agreement and has made a determination that he /she has the
personnel, equipment, and other requirements suitable to perform this work and
assumes full responsibility therefore. The provisions of the Agreement shall control
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any inconsistent provisions contained in the specifications. All specifications have
been read and carefully considered by CONTRACTOR, who understands the
same and agrees to their sufficiency for the work to be done. Under no
circumstances, conditions, or situations shall this Agreement be more strongly
construed against COUNTY than against CONTRACTOR.
B. Any ambiguity or uncertainty in the specifications shall be interpreted and
construed by COUNTY, and its decision shall be final and binding upon all parties.
C. The passing, approval, and /or acceptance by COUNTY of any of the services
furnished by CONTRACTOR shall not operate as a waiver by COUNTY of strict
compliance with the terms of this Agreement, and specifications covering the
services.
D. CONTRACTOR agrees that County Administrator or his designated
representatives may visit CONTRACTOR'S facility (ies) periodically to conduct
random evaluations of services during CONTRACTOR'S normal business hours.
CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate 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 COUNTY upon request.
Section 9. NOTICES
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
To the COUNTY: Employee Services Director
1100 Simonton Street, Suite 2 -268
Key West, Florida 33040
To the CONTRACTOR:
Section 10. RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the agreement and
for four years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
CONTRACTOR shall repay the monies together with interest calculated pursuant to
Section 55.03 of the Florida Statutes, running from the date the monies were paid to
CONTRACTOR.
Section 11. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-
20
1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on
its behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020 -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.
Section 12. CONVICTED VENDOR
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 an Agreement with a public entity
for the construction or repair of a public building or public work, may not perform work as a
CONTRACTOR, supplier, subcontractor, or CONTRACTOR under Agreement with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017 of the Florida Statutes, for the Category
Two for a period of 36 months from the date of being placed on the convicted vendor list.
Section 13. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to Agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree
that venue shall lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida.
Section 14. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent by
a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
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Section 15. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement
or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, and court costs, as an award against the non - prevailing party. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance
with the Florida Rules of Civil Procedure and usual and customary procedures required by
the Circuit Court of Monroe County.
Section 16. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
Section 17. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
Section 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law. This Agreement shall not be subject to arbitration.
Section 19. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONTRACTOR agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance
of this Agreement or provision of the services under this Agreement. COUNTY and
CONTRACTOR specifically agree that no party to this Agreement shall be required to
enter into any arbitration proceedings related to this Agreement.
Section 20. NONDISCRIMINATION
During the performance of this Agreement, the CONTRACTOR agrees as follows:
(1) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, sexual
orientation, gender identity, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their
race, color, religion, sex, sexual orientation, gender identity, or
22
national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer, recruitment
or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, sexual orientation, gender identity,
or national origin.
(3) The contractor will not discharge or in any other manner discriminate
against any employee or applicant for employment because such
employee or applicant has inquired about, discussed, or disclosed
the compensation of the employee or applicant or another employee
or applicant. This provision shall not apply to instances in which an
employee who has access to the compensation information of other
employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the
employer, or is consistent with the contractor's legal duty to furnish
information.
(4) The contractor will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the agency
contracting officer, advising the labor union or workers'
representative of the contractor's commitments under section 202 of
Executive Order 11246 of September 24, 1965, and shall post copies
of the notice in conspicuous places available to employees and
applicants for employment.
(5) The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts
23
by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations,
and orders.
(7) In the event of the contractor's non - compliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations, or orders, this contract may be canceled, terminated or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
Section 21. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
Section 22. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, and Monroe County ordinances and
policies regarding, but not limited to, solicitation or acceptance of gifts; doing business with
one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
By signing this Agreement, CONTRACTOR represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes).
Violation of terms of this contract shall result in termination of this Agreement and recovery
of all monies paid hereto, suspension of the ability to bid on and perform County contracts,
and may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONTRACTOR further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act
defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not
been formally charged with committing an act defined as a "public entity crime" regardless
of the amount of money involved or whether CONUSULTANT has been placed on the
convicted vendor list.
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or
CONTRACTOR is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
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Section 23. NO SOLICITATION /PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement 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 it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach
or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the
right to terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
Section 24. PUBLIC ACCESS
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public
records laws of the State of Florida, including but not limited to:
a. Keep and maintain public records required by Monroe County in order to perform the
service.
b. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Florida
Statutes, Chapter 119 or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does
not transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public
records in possession of the contractor or keep and maintain public records required by
the public agency to perform the service. If the contractor transfers all public records to
the public agency upon completion of the contract, the contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon
completion of the contract, the contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to Monroe
County, upon request from the public agency's custodian of records, in a format that is
compatible with the information technology systems of Monroe County.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292 -3470, bradley-
brian@monroecounty- fl.gov, c/o Monroe County Attorney's Office,
25
1111 12th St., Suite 408, Key West FL 33040.
Section 25. NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and the CONTRACTOR in this Agreement and the acquisition of any
commercial liability insurance coverage, self- insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any Agreement entered into by the COUNTY be required to
contain any provision for waiver.
Section 26. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of
the COUNTY, when performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the COUNTY.
Section 27. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida constitution,
state statute, and case law.
Section 28. NON - RELIANCE BY NON - PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior to
the community in general or for the purposes contemplated in this Agreement.
Section 29. ATTESTATIONS
CONTRACTOR agrees to execute suc h
require, including, but not being limited
Statement, and a Drug -Free Workplac e
Clause, and Non - Collusion Agreement.
documents as the COUNTY may reasonably
to, a Public Entity Crime Statement, an Ethics
Statement, Lobbying and Conflict of Interest
Section 30. NO PERSONAL LIABILITY
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No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
Section 31. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
Section 32. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
Section 33. INSURANCE POLICIES
33.1 General Insurance Requirements for Other Contractors and Subcontractors.
As a pre- requisite of the work governed, the CONTRACTOR shall obtain, at his /her own
expense, insurance as specified in any attached schedules, which are made part of this
contract. The CONTRACTOR will ensure that the insurance obtained will extend
protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the
CONTRACTOR may require all Subcontractors to obtain insurance consistent with the
attached schedules; however CONTRACTOR is solely responsible to ensure that said
insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide
proof of insurance shall be grounds for termination of this Agreement.
The CONTRACTOR will not be permitted to commence work governed by this contract
until satisfactory evidence of the required insurance has been furnished to the COUNTY
as specified below. Delays in the commencement of work, resulting from the failure of the
CONTRACTOR to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work commenced on the specified date and time,
except for the CONTRACTOR's failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of
this contract and any extensions specified in the attached schedules. Failure to comply
with this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced and /or termination of this Agreement and for
damages to the COUNTY. Delays in the completion of work resulting from the failure of
the CONTRACTOR to maintain the required insurance shall not extend deadlines
specified in this contract and any penalties and failure to perform assessments shall be
imposed as if the work had not been suspended, except for the CONTRACTOR's failure to
maintain the required insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the
27
required insurance, either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non - renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the County by the insurer.
The acceptance and /or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on general liability and vehicle liability policies.
33.2 Insurance Requirements For Contract Between County And Contractor
(Note: amounts of coverage are subject to change in final contract)
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
• Bodily 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:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 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.
33.3 Vehicle Liability Insurance requirements
The minimum limits acceptable shall be owner and non -owned and hired vehicles:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limit is:
$50,000 per Person
$100,000 per Occurrence
$25,000 Property Damage
33.4 Workers' Compensation Insurance Requirements
Prior to 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.
33.5 Professional Liability Requirements
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:
$250,000 per occurrence /$500,000 Aggregate
Section 34. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and
Commissions, Officers, and the Employees, and any other agents, individually and
collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorney's
fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR
or substantial and unnecessary delay caused by the willful nonperformance of the
CONTRACTOR and shall be solely responsible and answerable for any and all accidents
or injuries to persons or property arising out of its performance of this contract. The
amount and type of insurance coverage requirements set forth hereunder shall in no way
be construed as limiting the scope of indemnity set forth in this paragraph. Further the
CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to
the sole negligent act of the CONTRACTOR.
At all times and for all purposes hereunder, the CONTRACTOR is an independent
29
contractor and not an employee of the Board of County Commissioners. No statement
contained in this agreement shall be construed so as to find the CONTRACTOR or any of
his /her employees, contractors, servants or agents to be employees of the Board of
County Commissioners for Monroe County. As an independent contractor the
CONTRACTOR shall provide independent, professional judgment and comply with all
federal, state, and local statutes, ordinances, rules and regulations applicable to the
services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its work,
plan, supporting data, and other documents prepared or compiled under its obligation for
this project, and shall correct at its expense all significant errors or omissions therein
which may be disclosed. The cost of the work necessary to correct those errors
attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result
of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This
provision shall not apply to any maps, official records, contracts, or other data that may be
provided by the COUNTY or other public or semi - public agencies.
The CONTRACTOR agrees that no charges or claims for damages shall be made
by it for any delays or hindrances attributable to the COUNTY during the progress
of any portion of the services specified in this contract. Such delays or hindrances,
if any, shall be compensated for by the COUNTY by an extension of time for a
reasonable period for the CONTRACTOR to complete the work schedule. Such an
agreement shall be made between the parties.
Section 35. FEDERAL CONTRACT PROVISIONS REQUIRED BY 2 CFR PART 200 ET
SEQ.
A. AUDIT OF RECORDS
Contractor shall grant to the County, DEM, FEMA, the Federal Government, and
any other duly authorized agencies of the Federal Government or the County
where appropriate the right to inspect and review all books and records directly
pertaining to the Contract resulting from this RFP for a period of five (5) years
after final grant close -out by FEMA or DEM, or as required by applicable County,
State and Federal law. Records shall be made available during normal working
hours for this purpose.
In the event that FEMA. DEM, or any other Federal or State agency, or the
County, issues findings or rulings that the amounts charged by the Contractor, or
any portions thereof, were ineligible or were non - allowable under federal or state
Law or regulation, Contractor may appeal any such finding or ruling. If such
appeal is unsuccessful, the Contractor shall agree that the amounts paid to the
Contractor shall be adjusted accordingly, and that the Contractor shall, within 30
days thereafter, issue a remittance to the County of any payments declared to be
ineligible or non - allowable.
Contractor shall comply with federal and /or state laws authorizing an audit of
30
Contractor's operation as a whole, or of specific Project activities.
Under no circumstances shall advertising or other communications with the
media be presented in such a manner as to County or imply that the Contractor
or the Contractor's services are endorsed by the County.
B. FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions
as set forth in Appendix II to Part 200, as amended, including but not
limited to
1 . Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q)
and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387) and will reports violations to FEMA and the Regional Office of the
Environmental Protection Agency (EPA).
2. Rights to Inventions Made Under a Contract or Agreement. If
the Federal award meets the definition of "funding agreement" under
37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter
into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding
agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding agency.
3. Clean Air Act (42 U.S.C. 7401 -7671 q.) and the Federal Water
Pollution Control Act (33 U.S.C. 1251 - 1387), as amended — Contracts
and subgrants of amounts in excess of $150,000 must comply with all
applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401 -7671 q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251 - 1387). Violations must be
reported to the Federal awarding agency and the Regional Office of
the Environmental Protection Agency (EPA).
4. Debarment and Suspension (Executive Orders 12549 and
12689) —A contract award (see 2 CFR 180.220) must not be made to
parties listed on the governmentwide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at
2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
"Debarment and Suspension." SAM Exclusions contains the names of
31
parties debarred, suspended, or otherwise excluded by agencies, as
well as parties declared ineligible under statutory or regulatory
authority other than Executive Order 12549.
5. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352)— Contractors
that apply or bid for an award exceeding $100,000 must file the
required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered
by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to
the non - Federal award.
6. The Contractor shall utilize the U.S. Department of Homeland Security's
E- Verify system to verify the employment eligibility of all new employees
hired by the Contractor during the term of the Contract and shall expressly
require any subcontractors performing work or providing services pursuant
to the Contract to likewise utilize the U.S. Department of Homeland
Security's E- Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract term.
7. No Obligation by Federal Government. The federal government
is not a party to this contract and is not subject to any obligations or
liabilities to the non - Federal entity, contractor, or any other party
pertaining to any matter resulting from the contract.
8. Program Fraud and False or Fraudulent Statements or Related
Acts. The Contractor acknowledges that 31 U.S.C. Chapter 38
(Administrative Remedies for False Claims and Statements) applies to
the Contractor's actions pertaining to this contract.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day of 20_
(SEAL)
BOARD OF COUNTY
COMMISSIONERS
Attest: KEVIN MADOK, CLERK
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
by
Mayor /Chairman
32
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EXHIBIT A: SCOPE OF SERVICES
A. Scope
Successful Proposer shall provide all personnel, materials, equipment, facilities and travel
expenses for providing consulting services for the County's group benefit program for
employees, dependents, and retirees. Services shall include analyzing the current group
benefit program, providing alternatives and recommending cost savings to the County and
covered members, advising of trends with providers, local public sector entities, group
benefit programs, and legislative changes.
The primary goals of the County group benefits program are to provide competitive
benefits to employees and improve the long -term health of employees. The Consultant will
assist the County in reaching these goals of maximizing benefits while containing cost
through on- going review and analysis of plans and available options.
B. General Requirements
1. Successful Proposer's account manager /consultant (hereinafter in this Scope
referred to as Consultant) shall assist the County with the annual evaluation and
contract renewal process including negotiations with providers.
2. Consultant shall assist the County with requests for proposals including assisting in
the preparation of specifications, providing technical expertise for the evaluation of
proposals, and assisting with the transition and implementation of selected
programs.
3. Consultant shall attend or be available to attend all staff, proposal evaluation and
County Commission meetings regarding benefits providers during the solicitation and
negotiation process, either in person or by telephone, at the election of the County.
4. Consultant shall assist with the planning and implementation of new benefits plans.
5. Consultant shall provide other consulting services including employee benefit
surveys, assisting with annual enrollment periods and providing written and oral
presentations to County Commission, administration, boards, committees and unions.
8. The successful Proposer shall have a current insurance license issued by the Florida
Department of Financial Services at all times during the term of the Agreement.
9. Consultant shall respond to inquiries from the County within twenty -four hours of
contact to, acknowledge receipt of the inquiry and schedule time to discuss, respond to the
issue /question, or determine if urgency exists for resolution. If the Consultant is not
available, it is expected that another knowledgeable Consultant would be available to
assist the County on any issues that arise.
10. Consultant's primary contact within the County shall be Employee Services Director,
Employee Services Department.
11. Successful Proposer and /or Consultant shall not have any contractual obligations
with the County contracted employee insurance providers that would present a conflict of
interest and therefore preclude successful Proposer from providing services to the County.
12. Consultant shall keep the County informed of current trends, healthcare
breakthroughs, issues, compliance requirements, legislative issues, training
requirements or topics of interest related to employee benefits, health, and wellness
through a monthly communication and /or report due on or before the tenth of each
month. Consultant shall keep the County informed of changes in statutory and regulatory
guidelines affecting health insurance and other benefits. The Consultant shall review
pending legislation and trends in health insurance and other benefits and report to the
County of any impact it may have on existing or future benefits
34
13. Upon request by the County successful Proposer shall, at its own expense,
reproduce insurer benefits plan materials and deliver to the County for distribution.
C. Plan Reviews
1. A minimum of three times per year, Consultant shall provide a medical insurance full
benefits plan performance review, which shall include an analysis of current year as
compared to the prior year and a projection of future performance. Review shall include,
but is not limited to: claims, plan enrollment, large claim review, and other key
information to evaluate plan effectiveness. Analysis shall include strategies for the up-
coming Benefits Plan Year to control costs and to maintain plan effectiveness and market
competitiveness. Upon request by the County, Consultant shall provide a limited
benefit plan performance review for specific areas of concern in addition to the full benefit
plan performance review.
2. Within ninety days after the end of each benefits plan year (calendar year), the
Consultant will provide a formal report to the County of the preceding benefits plan year
with details of each benefit plan and its performance that is bound and includes accurate
data from the County's benefit plan providers. The report and review process shall be
comprehensive in nature and include information pertinent to the County to evaluate all
aspects of the benefits plans and identify areas in which change to plan structure
could further enhance plan benefits in areas such as types of coverage, market
competitiveness of plan, contributions structure, and trends. At the County's discretion,
benefits plan providers may be invited to participate in the annual plan review and
analysis process.
3. Upon request by the County, Consultant shall assist Employee Services
Department in reviewing group benefits plan costs to include the preparation of routine
group benefits plan management reports which identify and prepare a critical factors
analysis to identify cost drivers; monitor the sufficiency of rates; review of benefits plan
designs to determine the propriety of the benefits plan wording and to determine areas
whereby the benefits plan designs might be adjusted to enhance the economy and
efficiency of the respective benefit plan; and determine future strategies to control costs.
These strategies may include medical and pharmacy plan design analysis that identifies
the potential cost savings of increased deductibles, co- payments, co- insurance, out -of-
pocket maximums and other plan structure changes.
4. During the renewal of benefits plans Consultant will provide the following services:
a. Provide analysis of renewal of the current plan, reviewing past performance.
b. Provide an analysis of all renewal alternative proposals from the current benefits plan
provider.
c. Review additional available cost saving plan alternatives and create funding
options.
d. Make a presentation of renewal alternatives to County representatives along with a
recommendation and rationale.
e. Assist with budget projections on future costs of benefit programs to include the
determination of contribution structures for the County and for active employees, retirees
and COBRA participants; assisting with plan /claim projections or forecasts for all
health or wellness related costs; and plan and develop or create cost savings measures or
recommendations necessary for future plan performance.
35
D. Budget Preparation
1. In conjunction with the fiscal year budget preparation process, the Consultant will
assist County staff in budget planning for employee benefits for items such as determining
contribution structures for the County for both its active and retired employees; assisting in
plan /claim projections or forecasts for all health and wellness related costs; and
developing /creating cost savings measures or recommendations necessary for future plan
performance. Upon request by the County, Consultant will be required to participate in
County meetings with the Budget Team, Employee Services Director, and staff to justify
cost projections or needs.
2. Each year during the budget preparation process, the Consultant shall provide to the
County an estimate of the recommended funding levels for IBNR (Incurred But Not
Reported claims) reserves based on a formula that is consistent with industry standards.
The estimate may also include options to funding levels. Consultant will provide data,
information and recommendations to assist the County making decisions for the amount
to include in the IBNR fund.
3. The Consultant shall assist the County in obtaining an actuary attestation for annual
funding requirements and support for the County's annual filing required by Florida
Statute 112.08.
E. Evaluation of Current Plans and Review /Evaluate Plan Proposals
At a minimum the Consultant shall provide the services detailed below during the first 45
days of the Agreement term. Additional reporting or analysis that the Consultant deems
necessary and will benefit the County in making a sound financial decision regarding their
plan programs may also be proposed.
1. Perform an analysis of the County's current group benefits plans to become familiar
with history of the County and its claims trends. This analysis shall include group
health, vision, dental, life insurances, EAP program and AD &D coverage. Included in this
analysis, Consultant shall review each existing insurance Summary Plan Description,
binder, certificate or other insuring documents and all endorsements affecting coverage
and /or price, to ensure they are complete, correct and in compliance with all applicable
laws and regulations.
2. Assist the Employee Services Department in developing a benefit vs. cost factor
analysis to evaluate its self- funded health insurance plan. Any additional staffing
resources required to assist Consultant in conducting this analysis must have a minimum
of two years of experience in evaluating third party administrative services and making
recommendations for improvements.
3. Consultant shall assist the County in the development of the final agreement with
the insurance carrier(s) or third party administrators and County during the negotiations
process.
F. Open Enrollment Services
On an annual basis as part of the plan enrollment process, Consultant shall provide the
following services:
1. Coordinate the County employee open enrollment with the benefits plan providers
following finalization of negotiations with the providers for the upcoming plan year.
36
2. Assist the County with employee education regarding benefits plans, communicating
benefit plan changes, and with the electronic benefits open enrollment processes.
3. Draft an Annual Employee Benefit Guide (Guide) and submit to the County for
review and approval.
4. Upon completion of County review, finalizing and publishing the Guide. Consultant
shall provide the County Employee Services Department with an electronic copy of the
Guide and 1,400 printed paper copies.
5. Participate in the County's annual benefits plan open enrollment meetings and attend
up to fifteen, sixty- minute informational sessions for employees and retirees on different
days and times during the open enrollment period. The County reserves the right to
video one or more of these informational sessions for future use or placement on the
County Intranet. Consultant will be responsible for the agenda, handouts, and power -
point presentation for the informational sessions and must be prepared to answer
questions and explain the benefits plans and options to attendees.
D. On -Going Services
At the start of each benefits plan year, the County will provide a schedule for the provision
of on -going services and the deadlines from completion. Consultant will provide the
following on -going services:
1. Manage the supplier negotiations for renewal of benefit plan agreements in close
coordination with the County's Employee Benefits staff.
2. Review, verify, and provide analytical recommendations to ensure due diligence on
financial proposals and projections for benefit plan agreement renewals.
3. Review of benefits provider agreements with the County Attorney's Office and
Employee Services Department for acceptance and approval.
4. Assist in preparation of documentation for presentation to County Commission
regarding the benefits plan agreements.
5. Provide recommendations to County for consideration regarding benefits plans
for contributions.
6. Review plans and amendments to ensure they are compliant with State and federal
laws and meet the County's requirements. The Consultant shall work with benefits plan
providers to correct any compliance or requirements deficiencies prior to sending the
amendments to the County for review. Consultant shall complete modifications prior to
the beginning of the benefits plan year and forward to the County for review. Final
approval of such amendments is at the sole discretion of the County. The Consultant
shall guarantee all agreements and amendments are complete and finalized.
7. Review employee benefit communications materials developed by the County, and /or
its benefits plan providers to ensure such communications accurately reflect the terms of
the benefits plans. Final approval of such documents is at the sole discretion of the
County.
8. Inform the County of current issues in the area of benefits law and
administration
including advice regarding HIPAA, COBRA, Medicare, Affordable Care Act HealthCare
Reform and other similar state and federal laws that govern group insurance programs.
9. Utilize its company staff and /or sub - consultants, including a licensed actuary with at
least ten years of experience with public sector clients and /or employee benefit legal
counsel, to assist with interpretation of law and administration at no additional cost to the
County.
37
10. Act as a liaison between the County and insurance benefit providers. Consultant
must have access to a large number of carriers (especially the major carriers).
11. Assist the County's Employee Services Department with the dispute, change and /or
reconciliation of benefits provider's billing and other performance issues.
12. Upon request by the County assist with other agreed upon special services.
13. Any additional reporting or analysis that Consultant deems will benefit the County
in making decisions regarding benefits plans.
E. Actuarial Evaluation
1. Upon request by the County, successful Proposer will assist the County in actuarial
evaluation and work closely with the Employee Services Department and Finance
department with filing the County's annual GASB 75.
F. Other Services
1. Wellness Program. The current Program is focused on changing employee
behaviors to improve their lifestyle and reduce health risks. The Consultant will assist the
County with enhancing its Wellness Program. The expectation is that the benefits under
the Wellness Program will continue to expand and gain momentum. As such, the
Consultant shall assist the County in reviewing the effectiveness of the Program,
establishing recommendations for future components and assisting in overall Program
management. The Consultant shall assist the County in implementation of a strategic
wellness plan annually and attend any Wellness Committee planning meetings.
Consultant shall make recommendations for the County's Wellness Program and assist
with the marketing strategy and implementation planning for the Program.
2. Strategic Planning and Goal Setting. The Consultant will assist the
County with its benefits and wellness initiatives and plans that focus on the
business aspects of fiscal responsibility.
SECTION THREE: RESPONSE FORMS
RESPOND TO: MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
c/o Purchasing Department
1100 Simonton Street
GATO BUILDING, ROOM 2 -213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
1 acknowledge receipt of Addenda No. (s)
I have included
❑Lobbying and Conflict of Interest Clause ❑Non - Collusion Affidavit
❑Drug Free Workplace Form ❑Public Entity Crime Statement
❑Copy of business tax receipt ❑Insurance Requirements
In addition, I have included a current copy of the following professional licenses:
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.suniz.or
Any applicant other than an individual (sole proprietor) must submit a printout of the "Detail
39
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.
Annual Fee for services included in Contract: $
The fee is an all- inclusive cost. No additional costs or fees will be paid, including but not
limited to travel costs, per diems, telephone charges, facsimile charges, and postage
charges.
( Check mark items above, as reminder that they are included
Mailing Address:
Signed:
(Print Name)
STATE OF:
Telephone:
Fax:
Date:
Witness:
(Title)
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
known to me or has produced
identification) as identification.
(name of affiant). He /She is personally
(type of
NOTARY PUBLIC
My Commission Expires:
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(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,
IN
gift, or consideration paid to the former County officer or employee."
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
personally known to me or has produced
(Signature)
Date:
(name of affiant). He /She is
identification.
(type of identification) as
NOTARY PUBLIC
My Commission Expires:
41
NON - COLLUSION AFFIDAVIT
I, of the city of
on my oath, and under penalty of perjury, depose and say that:
according to law
I am of the firm of
the bidder
making the Proposal for the project described in the Request for Proposals
for and that I executed
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; and
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.
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
personally known to me or has produced
(Signature)
Date:
(name of affiant). He /She is
identification.
(type of identification) as
42
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7=9 WoYs F=9 Lumr.L cj=o im
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statutes Section 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)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date) by
known to me or has produced
(name of affiant). He /She is personally
(type of identification) as
..
identification.
NOTARY PUBLIC
My Commission Expires:
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 (Respondent's
name) nor any Affiliate has been placed on the convicted vendor list within the last 36
months.
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
to me or has produced
identification) as identification.
(type of
NOTARY PUBLIC
(Signature)
Date:
ame of affiant). He /She is personally known
45
I
I I I'MeTtloyr
!:
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.
47
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
GROUP HEALTH INSURANCE CONSULTING SERVICES
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.
.•
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
GROUP HEALTH INSURANCE CONSULTING SERVICES
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
• Professional 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:
$ 100,000 _ per Person
$ 300,000 per Occurrence
$_ 50,000 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.
..
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
been granted the authority to waive this provision.
e
• 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.
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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:
SIGNATURE
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