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Item G33G.33 BOARD OF COUNTY COMMISSIONERS C ounty of M onroe Mayor David Rice, District 4 Mayor Pro Tem Sylvia J. Murphy, District 5 TheFloridaKeys Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting November 20, 2018 Agenda Item Number: G.33 Agenda Item Summary #4913 BULK ITEM: Yes DEPARTMENT: Employee Services TIME APPROXIMATE: STAFF CONTACT: Natalie Maddox (305) 292-4450 N/A AGENDA ITEM WORDING: Approval of a five-year agreement, with two one-year renewal options, with Gallagher Benefit Services to provide Employee Benefits consulting services; and decision on bid protest received from Gehring Group. ITEM BACKGROUND: At the October 17, 2018 meeting, the BOCC directed staff to negotiate an agreement with Gallagher Benefit Services to provide Employee Benefits consulting services to include 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. Based on the vote of a selection committee, by a narrow margin, staff had recommended BOCC award a bid to and negotiate agreement with Gehring Group for benefit consulting services. For the reasons stated on the record, award bid and negotiate agreement with Gallagher Benefit Services. Staff is now presenting the agreement with Gallagher for approval. On October 19, 2018, the Gehring Group submitted a bid protest. The protest was timely received. ing Policy states that the protest will be heard at a public meeting in which the agenda item awarding the contract will be heard. This agenda item therefore includes two parts: approval of this agreement with Gallagher Benefit Services, and a decision on the bid protest received from The Gehring Group. PREVIOUS RELEVANT BOCC ACTION: October 17, 2018 Staff recommended BOCC award a bid to and negotiate agreement with Gehring and instead directed staff to award bid and negotiate agreement with Gallagher Benefit Services. Packet Pg. 736 G.33 July 18, 2018 BOCC gave approval to advertise an RFP for Benefits Consulting Services. The RFP was issued to the public on July 23, 2018. February 15, 2017 agreement extended for one (1) additional year through December 30, 2018. October 1, 2016 agreement extended for one (1) additional year through September 20, 2017. April 17, 2013 agreement with Gallagher Benefit Services was renewed for one (1) year and September 15, 2010 MCBOCC entered into an agreement with Gallagher Benefits Services (GBS) to provide employee benefits consulting. CONTRACT/AGREEMENT CHANGES: New STAFF RECOMMENDATION: Approval. DOCUMENTATION: Gallagher 2018 contract atty stamped Monroe County Purchasing Policy, bid protest procedure 101918 - Monroe County - Letter of Protest Gallagher Monroe County BOCC RFP Response for Employee Benefits Consulting Service... Gehring Group Proposal - Monroe County opt BENEFITS_CONSULTANT_RFP Addendum_No._1 FINANCIAL IMPACT: Effective Date: 1/1/2019 Expiration Date: 12/31/2024 Total Dollar Value of Contract: $875,000 for 5 years; $1,275,000 if for 7 years. Total Cost to County: $875,000 for 5 years; $1,275,000 if for 7 years. Current Year Portion: $131,249.99 Budgeted: Yes Source of Funds: Primarily Ad Valorem CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: N/A Grant: N/A County Match: N/A Packet Pg. 737 G.33 Insurance Required: N/A Additional Details: N/A $175,000 per year; $875,000 for the five-year term; $1,275,000 for the five-year term plus two one-year extensions. 02/10/19 502-08001 · GROUP INS ADMIN $175,000.00 REVIEWED BY: Natalie Maddox Completed 11/02/2018 4:27 PM Bryan Cook Completed 11/02/2018 5:00 PM Cynthia Hall Completed 11/05/2018 10:09 AM Assistant County Administrator Christine Hurley Skipped 11/05/2018 10:24 AM Budget and Finance Completed 11/05/2018 2:26 PM Maria Slavik Completed 11/05/2018 2:28 PM Kathy Peters Completed 11/05/2018 2:32 PM Board of County Commissioners Pending 11/20/2018 9:00 AM Packet Pg. 738 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 739 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 740 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 741 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 742 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 743 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 744 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 745 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 746 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 747 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 748 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 749 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 750 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 751 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 752 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 753 G.33.a MONROECOUNTYATTORNEY'SOFFICE Approvedastoform: Digitally signed by Cynthia L. Hall DN: cn=Cynthia L. Hall, o=Monroe County BOCC, ou, email=hall- cynthia@monroecounty-fl.gov, c=US Date: 2018.11.05 14:39:42 -05'00' Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 754 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 755 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 756 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 757 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 758 G.33.a Attachment: Gallagher 2018 contract atty stamped (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Packet Pg. 759 G.33.b Monroe County Purchasing Policy (As Revised 04/19/18) Page 1 of 92 Attachment: Monroe County Purchasing Policy, bid protest procedure (Approval of Agreement with Gallagher Benefit Services and decision on Packet Pg. 760 G.33.b competitive solicitation, all the procedures in F.S. 286.0113, F.S. 119.07(1) and Section 24(a), Art I. of the State Constitution shall control. C. Tie Responses Except where prohibited by federally funded contracts, in the event the same competitive solicitation amounts are received from two or more responders who are considered by the BOCC to be equally qualified and responsive or when two or more responders are equal in rank and score, and only one of the responders has a principal place of business in Monroe County, FL, the award shall be to the responder who has a principal place of business located in Monroe County, FL. Otherwise, the tie will be resolved by draw from an opaque container. D. Rejection of Responses 1. The BOCC shall have the authority to reject any and all responses to a competitive solicitation request. 2. If the lowest, responsible response exceeds the budgeted amount and the BOCC does not appropriate additional funds, the requesting authority may solicit approval from the BOCC to amend the project specifications and re-advertise the competitive solicitation. 3. If no response is received, the BOCC may be requested to authorize the County Administrator to undertake a different level of competitive selection, including but not limited to a request for letters of interest, and, upon receipt of any response to get approval from the BOCC to proceed with a second mechanism, which may include direct negotiations to purchase the item/service. The BOCC would then consider the results of said negotiations and determine whether acquisition of these goods or services at the negotiated pr requisition. 4. Late responses. Any and all responses received after the time and date of acceptance will not be accepted. E. Waiver of Irregularities The BOCC shall have the authority to waive any and all irregularities in any and all formal bids, proposals or other responses to competitive solicitation requests. F. Award of Contract The Mayor, when authorized by majority vote of the BOCC, shall execute formal contracts valued at $50,000.00 or more having a binding effect upon the County. G. Protest ProcedureProtest Procedure Any Bidder/Respondent/Proposer who claims to be adversely affected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County within seventy-two (72) hours or three (3) business days, whichever is Page 17 of 92 Packet Pg. 761 G.33.b less, after the posting of the notice of decision or intended decision on DemandStar. Failure to timely protest within the times prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless it is determined that it is in the best interest of the County to do so. A formal written protest may be submitted in writing and must be received by the County -two (72) hours or three (3) business days prior to the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the Board of County Commissioners at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission. The Board of County Commissioners decision to award the contract is final and at their sole discretion. CHAPTER 4. PURCHASE OF PROFESSIONAL SERVICES A. Definition A professional service shall be defined as assistance obtained in support of County operations from an independent contractor in one or more of the following professional fields: 1. Appraisal Services - real and personal property appraisers (as per Chapter 125.355, F.S.). 2. Architecture, professional engineering, landscape architecture, or registered land surveying services (as per Chapter 287.055, F.S.). 3. Audit and Accounting Services - auditors and accountants (excepting the selection of the annual auditor which shall be conducted as per Chapter 11.45, F.S.). 4. Consultants - planning, management, technological or scientific advisors. 5. Financial Services - bond counsel, rating and underwriting, financial advisor, and investment services. 6. Legal Services - attorneys and legal professionals authorized by the Office of the County Attorney, including expert witnesses, conflict counsel, Division of Administrative Hearings (DOAH) services, lobbying services, investigative services, interpreter services, court reporting services or advertising services and any other services required by the Office of the County Attorney. 7. Medical Services - medicine, psychiatry, dental, hospital, and other health professionals. B. Methods of Acquisition Page 18 of 92 Attachment: Monroe County Purchasing Policy, bid protest procedure (Approval of Agreement with Gallagher Benefit Services and decision on Packet Pg. 762 G.33.c Attachment: 101918 - Monroe County - Letter of Protest (Approval of Agreement with Gallagher Benefit Services and decision on bid protest Packet Pg. 763 G.33.c Packet Pg. 764 G.33.f MONROE COUNTY REQUEST FOR PROPOSALS FOR EMPLOYEE BENEFITS CONSULTING SERVICES BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 Mayor Pro Tem, Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 CLERK OF THE CIRCUIT COURT EMPLOYEE SERVICES DEPT. KEVIN MADOK BRYAN COOK, DIRECTOR DEADLINE FOR PROPOSALS: SEPTEMBER 6, 2018 3:00 P.M. Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring Packet Pg. 765 1 G.33.f 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 Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 2 Packet Pg. 766 G.33.f 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 Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR www.monroecountybids.com or call toll-free at 1-800-711-1712. The Public Record is available at the Monroe County Purchasing Office located in the Gato Building, 1100 Simonton Street, Room 2-213, Key West, Florida. All responses must be sealed and must be submitted to the Monroe County Purchasing Office. Publication Dates Citizen: Mon., 07/23/2018 Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 3 Packet Pg. 767 G.33.f 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 ) 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 ofJune 1, 2018, there are 1129 active employees, 286 retirees & 832 dependents enrolled in the group healthinsurance 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 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. Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 4 Packet Pg. 768 G.33.f Calendar Date Activity 7/18/2018 RFP Draft to BOCC for approval 7/23/2018 RFP Advertise/Release date 8/14/2018 Deadline for Questions 3:00 p.m. 8/21/2018 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, 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. 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. st 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 Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring respondents to quote a fixed fee that encompasses the entire Scope of Services requested 5 Packet Pg. 769 G.33.f 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 The contractor will submit such invoice monthly for services provided during the preceding month. s 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: 20 points 20 points Ability to provide services listed in Scope of 20 points Services. 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. Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 6 Packet Pg. 770 G.33.f 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 C. Tabbed Sections TAB 1. PROPOSERS EXPERIENCE AND BACKGROUND A. Submit a detailed narrative description documenting Proposers 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 Proposers 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 Proposers 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 Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 7 Packet Pg. 771 G.33.f the County regarding the 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 TEAS 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/consultants benefits consulting experience. (2) Proposed account manager/consultants benefits consulting experience with public sector clients. (3) Proposed account manager/consultants benefits consulting experience with clients in Florida. (4) Proposed account manager/consultants experience with GASB 75. (5) Proposed account manager/consultants benefits consulting experience with clients with 1000 or more employees. (6) Proposed account manager/consultants experience in evaluating third-part 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 Proposers 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 Proposers approach to keeping abreast of market trends, laws and insurance carrier initiatives. (4) Provide a narrative of Proposers methodology for measuring Proposers staff performance to ensure client satisfaction. (5) Describe Proposers employee training/continuing education program. (6) Detail Proposers time commitment for the provision of services to include annual enrollment and other Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring on-site services. 8 Packet Pg. 772 G.33.f (7) Detailtheproposedannualservicesandscheduletoincludemethodologiesforthe 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. (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 Proposers ability to successfully link employee participation in wellness and/or disease management to employee/employer cost reductions. (11) 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 Proposers 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 Proposers 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 Proposers 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) 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 previously owned, operated or directed by any of its officers, directors, or general partners? If yes, provide details; Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 9 Packet Pg. 773 G.33.f 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 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 requirements as set forth in this RFP. The Proposers 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 Proposer Total Annual Fee for Years 1, 2, 3, 4, and 5. Fee Proposal 1. Total Annual Fee Year 1 $ Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 2. Total Annual Fee Year 2 $ 10 Packet Pg. 774 G.33.f 3. Total Annual Fee Year 3 $ 4. Total Annual Fee Year 4 $ 5. Total Annual Fee Year 5 $ TOTAL ANNUAL FEE PROPOSAL FOR YEARS 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: Two (2) bound originals clearly identifying Proposer and marked ORIGINAL. Five (5) electronic format copies clearly identifying Proposer, each on a separate flash memory drive. All of the originals, and flash memory drives shall be delivered in one (1) sealed envelope clearly marked on the outside with the Proposers 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 Acrobatportable 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. Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 11 Packet Pg. 775 G.33.f 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. 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 Proposers name and "Modification to Proposal - Monroe County Proposal for Employee Benefits Consulting Services. If sent by mail or by Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 12 Packet Pg. 776 G.33.f 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 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 Statutory Limits $500,000 General Liability, including $300,000 (CSL) Professional Liability $250,000 per occurrence /$500,000 Aggregate Vehicle Liability $300,000 (CSL) Monroe County shall be named as an Additional Insured on the General Liability policy and Vehicle Liability Policies. Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 13 Packet Pg. 777 G.33.f 20.INDEMNIFICATION The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Proposer or any of its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission of the Proposer, its Subcontractor(s), their officers, employees, servants or agents. In the event that the service is delayed or suspended as a result of the 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 BUSINESSE 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. Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 14 Packet Pg. 778 G.33.f 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 1100 Simonton Street, Key West, Florida 33040 and ______________ss is _________________(collectively, 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. 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 Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 15 Packet Pg. 779 G.33.f 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. 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. Marketing Account Executive and one (1) Customer Service Representative, each with a minimum of three (3) years of health insurance experience. Section 3 3.1 Provide all best available information Employee Benefits Consulting Services. 3.2 rs 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 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 Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring Director of Employee Services, who will review the request, note his/her approval on the request and 16 Packet Pg. 780 G.33.f forward it to the Clerk for payment. 6.2Continuation 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) notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination. Section 8. 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 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 facility (ies) periodically to conduct random evaluations of services during 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 Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 17 Packet Pg. 781 G.33.f 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 020-1990 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. Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 18 Packet Pg. 782 G.33.f Section 15 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 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 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. Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 19 Packet Pg. 783 G.33.f (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 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 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). Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 20 Packet Pg. 784 G.33.f 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 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 y 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 . 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. 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 that is compatible with the information technology systems of Monroe County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF E PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, bradley- 21 Packet Pg. 785 G.33.f brian@monroecounty- 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 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 such documents as the COUNTY may reasonably require, including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non-Collusion Agreement. Section 30. NO PERSONAL LIABILITY 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. Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 22 Packet Pg. 786 G.33.f 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 33.1General 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 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 fo The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the 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. Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring The Monroe County Board of County Commissioners, its employees and officials will be included as 23 Packet Pg. 787 G.33.f "Additional Insured" on general liability and vehicle liability policies. 33.2Insurance 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. 33.3Vehicle Liability Insurance requirements The minimum limits acceptable shall be owner and non-owned and hired vehicles: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limit is: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 33.4Workersompensation Insurance Requirements Compensation Insurance with limits sufficient to respond to the applicable state statutes. $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. Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 24 Packet Pg. 788 G.33.f Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 33.5Professional 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, 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 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 Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring and records directly pertaining to the Contract resulting from this RFP for a period of five (5) years after final 25 Packet Pg. 789 G.33.f 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 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 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 Small Business Firms Under Government Grants, any implementing regulations issued by the awarding agency. 3. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amendedContracts 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. 7401-7671q) 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 M Exclusions contains the names of 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 Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring that it will not and has not used Federal appropriated funds to pay any person or organization for 26 Packet Pg. 790 G.33.f 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 Hom 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 HomE-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 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 ____________________________ by __________________________ Deputy Clerk Mayor/Chairman (CORPORATE SEAL) (Name of Contractor) ATTEST: By ____________________________ by __________________________ Title:_________________________ Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 27 Packet Pg. 791 G.33.f 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 Countys group benefit program for employees, dependents, and retirees. Services shallinclude 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. Theprimary 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 Proposers 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. 6. 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. 7. 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. 8. Consultants primary contact within the County shall be Employee Services Director, Employee Services Department. 9.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. 10.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 11.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 Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring competitiveness. Upon request by the County, Consultant shall provide a limited benefit plan 28 Packet Pg. 792 G.33.f 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 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 Countys 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. D. Budget Preparation 1. Inconjunction 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 Countys 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 Countys current group benefits plans to become familiar with history of the Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring County and its claims trends. This analysis shall include group health, vision, dental, life insurances, EAP 29 Packet Pg. 793 G.33.f 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 itsself-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) orthird 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. 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 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. G. 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 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 Attorneys 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 Countys requirements. The Consultant shall work with benefits plan providers to correct any compliance orrequirements 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 Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 30 Packet Pg. 794 G.33.f 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. 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 CServices Department with the dispute, change and/or reconciliation of benefits providers 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. H. 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 Countys annual GASB 75. I. 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 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. Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 31 Packet Pg. 795 G.33.f 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 I 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.sunbiz.org) Any applicant other than 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: ____________________________ Telephone: ________________ ____________________________ Fax: ____________________ ____________________________ Date: ___________________ Signed: ______________________________ Witness: ______________________________ ______________________________ _____________________________ (Print Name) (Title) STATE OF: ______________________________ COUNTY OF: _________________________ Subscribed and sworn to (or affirmed) before me on ___________________________________ (date) by _______________________________________ (name of affiant). He/She is personally known to me or has produced ____________________________________________ (type of identification) as identification. ____________________________________ NOTARY PUBLIC My Commission Expires: ______________ Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 32 Packet Pg. 796 G.33.f LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) nts that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the ___________________________________ (Signature) Date: ______________________________ STATE OF: ______________________________ COUNTY OF: ______________________________ Subscribed and sworn to (or affirmed) before me on ___________________________________ (date) by _______________________________________ (name of affiant). He/She is personally known to me or has produced __________________________________________ (type of identification) as identification. ____________________________________ NOTARY PUBLIC My Commission Expires: ______________ Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 33 Packet Pg. 797 G.33.f NON-COLLUSION AFFIDAVIT I, _______________________ of the city of _______________________ according to law on my oath, and under penalty of perjury, depose and say that: 1. 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. _________________________________ (Signature) Date: ______________________________ STATE OF: ______________________________ COUNTY OF: ______________________________ Subscribed and sworn to (or affirmed) before me on ____________________________________ (date) by _______________________________________ (name of affiant). He/She is personally known to me or has produced __________________________________________ (type of identification) as identification. ____________________________________ NOTARY PUBLIC My Commission Expires: ______________ Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 34 Packet Pg. 798 G.33.f 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 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 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 _______________________________________ (name of affiant). He/She is personally known to me or has produced __________________________ (type of identification) as identification. ____________________________________ NOTARY PUBLIC My Commission Expires: ______________ Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 35 Packet Pg. 799 G.33.f PUBLIC ENTITY CRIME STATEMENT 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 I has been placed on the convicted vendor list within the last 36 months. ___________________________________ (Signature) Date: ______________________________ STATE OF: ______________________________ COUNTY OF: ______________________________ Subscribed and sworn to (or affirmed) before me on _________________________________ (date) by ___________________________(name of affiant). He/She is personally known to me or has produced ______________________________________________ (type of identification) as identification. ____________________________________ NOTARY PUBLIC My Commission Expires: ______________ Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 36 Packet Pg. 800 G.33.f 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 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 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. Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 37 Packet Pg. 801 G.33.f INSURANCE REQUIREMENTS FOR GROUP HEALTH INSURANCE CONSULTING SERVICES BETWEEN MONROE COUNTY, FLORIDA AND ___________________________ Compensation Insurance with limits sufficient to respond to the applicable state statutes. 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. -insurer, the County shall recognize and honor the Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the 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. Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 38 Packet Pg. 802 G.33.f 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. Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 39 Packet Pg. 803 G.33.f BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR GROUP HEALTH INSURANCE CONSULTING SERVICES BETWEEN MONROE COUNTY, FLORIDA AND ________________________________________________________________________________________ __________________ Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Business Automobile Liability Insurance. Coverage will be maintained throughout the life of the contract and include, as a minimum, liability coverage for: Owned, Non-Owned, and Hired Vehicles Theminimum limits acceptable is: $300,000 Combined Single Limit (CSL) Ifsplit limits are provided, the minimum limits acceptable are: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 40 Packet Pg. 804 G.33.f 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. And The Indemnification and Hold Harmless provisions Waiving of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirement form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny this Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision-making authority. Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 41 Packet Pg. 805 G.33.f Attachment: BENEFITS_CONSULTANT_RFP (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring 42 Packet Pg. 806 G.33.g Attachment: Addendum_No._1 (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring Group) Packet Pg. 807 G.33.g Attachment: Addendum_No._1 (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring Group) Packet Pg. 808 G.33.g Attachment: Addendum_No._1 (Approval of Agreement with Gallagher Benefit Services and decision on bid protest from Gehring Group) Packet Pg. 809