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Item F19 F.19 BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida.Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting November 20, 2019 Agenda Item Number: F.19 Agenda Item Summary #6234 BULK ITEM: Yes DEPARTMENT: Employee Services TIME APPROXIMATE: STAFF CONTACT: Natalie Maddox (305) 292-4450 9:00 am AGENDA ITEM WORDING: Approval to advertise a Request for Proposals for a Benefits Administration System to include electronic management of eligibility, enrollment, data file feeds to carriers, compliance, reporting, and other related processes. ITEM BACKGROUND: Approval to advertise a Request for Proposals (RFP) for a Benefits Administration System. For benefits plan year 2019, the Employee Services/Benefits department, via a small contract, utilized ClearTrack HR, Inc. to design, implement and facilitate online open enrollment for all Monroe County benefit-eligible active employees and retirees. This created an operational efficiency and eliminated a manual process that generated upwards of 10,000 paper forms. Employee Services/Benefits continues to use the ClearTrack HR benefits administration system to support open enrollment, weekly data feeds to carriers, ACA Compliance, 1095 Data,payroll reporting, and all daily benefit administration and activity. The use of advanced technology has enhanced the ability of Employee Benefits to meet provider requirements, reporting and tracking, and provide enhanced services to benefit-eligible employees and retirees. Through this RFP the department seeks to solidify a long-term software/service agreement with a qualified vendor for the County's benefit administration needs. This software/service is already budgeted for FY2020. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval. DOCUMENTATION: Packet Pg. 653 F.19 Benefits Administration Draft RFP 11 05 19 v2 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: No insurance required for the RFP. However, when a contract is awarded, the vendor will need to supply the insurance coverages listed in the RFP. Additional Details: 11/20/19 502-08001 - GROUP INS ADMIN $60,000.00 Benefits Admin System REVIEWED BY: Natalie Maddox Completed 11/01/2019 2:01 PM Bryan Cook Completed 11/01/2019 2:05 PM Assistant County Administrator Christine Hurley Completed 11/05/2019 10:33 AM Cynthia Hall Completed 11/05/2019 10:36 AM Budget and Finance Completed 11/05/2019 10:42 AM Maria Slavik Completed 11/05/2019 2:05 PM Kathy Peters Completed 11/05/2019 2:05 PM Board of County Commissioners Pending 11/20/2019 9:00 AM Packet Pg. 654 F.19.a MON ROE COUNTY a REQUEST FOR PROPOSALS FOR Web based benefit administration services including an on-line enrollmentCIO system 2 1 BOARD OF COUNTY COMMISSIONERS LO Mayor Sylvia Murphy, District 5 Mayor Pro Tem, Danny Kolhage, District 1 Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 4 DEADLINE FOR PROPOSALS: January 28, 2020 3.00 P.M. V) 4- CIO Packet Pg. 655 F.19.a U) 0 a TABLE OF CONTENTS U) 4- OVERVIEW INTRODUCTION/OVERVIEW 3 ADDENDA/UPDATES 3 BACKGROUND 4 SCOPE OF WORK 4-7 TECHNOLOGY 7-8 A INQUIRES/TIMELINE/PROPOSAL INSTRUCTIONS 9-10 EVALUATION 11-13 > TABS I -VI 13-17 ATTACHMENTS > 0 CONTACT INFORMATION 18 _ CERTIFICATION REGARDING DEBARMENT OR SUSPENSION 19 cv CONDITION OF SUBMITTING PROPOSAL 20-21 CONTRACT STANDARD TERMS$CONDITIONS 22-30 era QUESTIONNAIRE 31-41 PRICE PROPOSAL 42 Non-Collusion Affidavit 43 Drug-Free Workplace Form 44 a U) 4- 2 Packet Pg. 656 F.19.a U) 1. Introduction/Overview: Monroe County Board of County Commissioners(MCBOCC)is requesting sealed proposals for an outsourcing solution partner to provide web-based benefit administration services for an employee online enrollment system for the approximate 1,600 benefit eligible employees (of which approximately 200 are retirees that will not have access to the system other than during open-enrollment). Currently, Florida Blue provides medical services with EnvisionRx offering drug coverage. Delta Dental is the dental provider and VSP provides vision coverage. Minnesota Life is their life and AD&D carrier. The contract resulting from this RFP will be for an initial term of 3 years with an option to be extended for another two(2)one-year terms upon the completion of the initial term(subject to agreement of the each party). IL The projected fee for this project is approximately$3.00/PEPM. However,the County may entertain a higher fee based on the scope of services.Reference attachment D; Item 34 Current services are provided by ClearTrack HR.ClearTrack HR will perform O/E > services for the 1/1/2020 Plan year. 0 It is the intent that the new vendor shall be operational on or about April 1,2020. The awarded vendor will be required to sign MCBOCC's BAA document. CL CL To be eligible to propose,Contractor must have a minimum of 3 years'experience < providing on-line benefit enrollment services to governmental entities as well as currently providing data feeds to the County's existing carriers. > M It- Further details/requirements are outlined in the sections below. LO It- 2. Addenda/Updates: IL Any and all addenda will be added to the RFP posting on the MCBOCC web site LL at:www.monroecounty-fl.gov/current-contract-bid-and-rfi-opportunities no later than January 3, 2020. Interested vendors are encouraged to compare the updates they receive via email to those posted on our RFP web page at: www.monroecounty-fl.gov/current- contract-bid-and-rfi-opportunities to ensure they have not missed any updates. Vendors will be presumed to have reviewed any addenda. A . 3. Backaround: A. Description: MCBOCC is headquartered in Key West, Florida with area U) offices in the middle and upper Keys. The County's employees and their families stretch from Key Largo south to Key West. The approximately 1,400 employees are made up of County staff, plus several of the Constitutional 3 Packet Pg. 657 F.19.a U) Officers such as the County Clerk,the Sheriffs Office and the Tax Collector. B. Benefits: U) . 1. Benefits for all the employees are managed by County Staff.The Staff is charged with the responsibility to effect, monitor and manage the benefit programs for employees of the County. U) 4- 2 Payroll for MCBOCC is administered by the Monroe County Clerk of Courts. By Florida Constitution, the Clerk is the comptroller as well as auditor for the County but is a separate constitutional officer. MCBOCC has a centralized HRIS system, but works within various different payroll systems used by the Constitutional Officers. The current benefits IL enrollment system has no access to payroll. LL a Eligibility and enrollment updates-The current system provides automated carrier feeds—full population,weekly. 2 4. Florida Blue is the carrier for health coverage—the County sends a feed to them for medical enrollments and contributions on a weekly basis. 0 5. Pharmacy Benefits are provided by EnvisionRx. L_ CL 6. Dental and Vision are provided by Delta Dental and VSP respectively. CL 7. Benefit plans are effective January 151-open enrollment occurs mid- C14 October to mid-November. 8. Descriptions of the County's benefit plans are available on the County's `O website at: https://www.monroecounty-fl.gov/88/Employee-Services IL 4. Scope of Work: MCBOCC seeks a solution with the following features and benefits LL that meet our budgetary requirements. A. A web-based benefit enrollment system that will interface with our HR system for eligibility, enrollment and premium calculation and collection. The intent will be to feed the basic eligibility from our HR system(MCBOCC staff) to the other payroll systems where applicable. Once loaded, the employee will be provided secured access via a web site and/or mobile app U) to access their data, and through an interactive educational format and make informed decisions electing their benefits. The system will calculate and instruct the employee on their elections and the cost of the elections per pay-period. Employees are paid every two weeks in arrears with U) staggered pay-periods for the different agencies, so essentially payroll is running every week.Once elections are confirmed,the system will generate the appropriate files to MCBOCC and each of the Constitutional Officers' 4 0 Packet Pg. 658 F.19.a U) systems that will allow for proper employee payroll deductions. B. Ability to house all plan summaries and required administrative forms such as 2 EOI and others. C. Robust system to support future benefit modifications as well as changes in reporting. 4- D. Ability to process a post-tax surcharge for members who do not complete the Health Risk Assessment,through processing the HRA file. E. Ability to add a tobacco surcharge when employees select"yes"to smoking. IL LL F. Ability to calculate imputed income when applicable. G. An online centralized eligibility and enrollment system/database to support open enrollment, new hire enrollment, life event changes,terminations and transfers. H. Eligibility data interfaces to carriers and/or other service providers. 0 I. Demographic updates from the County's internal payroll system (Client y Payroll System)on at least a weekly basis. Ability to generate reports on over-age dependents. CL J. Payroll deductions reporting and/or files -from the enrollment system to � the MCBOCC payroll system and multiple separate payroll systems from the Constitutional officers. era K. Billing and financial reporting, including reporting to support premium bill reconciliation against carrier list bill, and reporting to create self-bills by IL payroll location. LL L. General ledger/ location billing reporting, including reporting to support client corporate billing at the aggregator and location (divisions)levels M. Employee call center services, including benefit enrollment support-During open enrollment only . N. Provide and operate in a secure technical environment that ensures protection of MCBOCC's member data. U) 4- O. A high level of customer service to all entities. 5 Packet Pg. 659 F.19.a U) P. Strategic guidance on benefits administration best practices. Q. Administrative efficiencies and ability to archive and retrieve data long term. 2 . R. Pro-active issue management processes. U) S. Thoroughly documented and updated policies and procedures when needed. T. Easy and efficient methods of enrollment. 0 U. Timely and accurate transaction processing backed up by an industry IL LL standard service level agreement. V. Easy access to data for reporting and analysis purposes. It is 0 understood that the MCBOCC owns and will have access to all data 2 within the system. W. Adherence to industry standard best practices. X. Adherence to applicable regulations... HIPAA, etc. > 0 L_ 91 91 B. Optional Services(price accordinalv): cv 1. Employee call center services, including benefit enrollment support—year > round access 2. Direct billing services for employees on leave of absence and/or COBRA. `p 3. Verification services -evidence of insurability (EOI)for life and disability insurance. IL LL 4. Dependent verification audits. 5. Verification services -dependents and life event changes (including other coverage requests from carriers). 6. Voluntary benefits enrollment feature. 7. Paper fulfillment services — highly customized by eligibility groups including: a. Production and mailing of personalized worksheets (new hires & ° open enrollment) b. Production and mailing of personalized confirmation statements (new hires, open enrollment&life event changes). U) C. Training: The Proposer shall be responsible for developing and delivering a training plan that provides training to all users and technical staff via such methods such as, but not limited to,train the trainer,web-based,face to face, 6 Packet Pg. 660 F.19.a U) videos, online tutorials and quick reference guides. D. Support: The Proposer shall provide comprehensive and timely help desk 2 support to MCBOCC management, users, and/or technical/support staff. 5. Technology: U) 4- • Any proposed software, digital media, on-line service, or other product that requires installation in,or interface with,the MCBOCC technology infrastructure must be evaluated by the MCBOCC Technology Department and confirmed as providing no risk to the infrastructure. Any cost of installation, connection, interface, access, etc. with the MCBOCC technology infrastructure must be IL LL clearly defined and included in the proposal pricing. • Contractors that expect to do business with MCBOCC providing off-site hosted solutions must be able to support the following operating systems and browser versions as minimums. Any exceptions to these minimums must be clearly 2 identified in the proposal: • To support the minimum requirements of operation, the Contractor's product(s) must be fully able to work within a 100Mb wire-based connection and an 802.11 b/g for minimum wireless bandwidth connectivity for the end use client. @ Contractors that have exceptions to these minimums must clearly identify the > 0 minimum operating requirements of their product/solution in the proposal. L_ 91 91 • Wide area network connections for MCBOCC facilities are a minimum of 100 Mb metro-fiber with a shared internet egress capacity of 2 Gb for all MCBOCC `1 facilities. The current egress utilization is at a 40-50% subscription rate during > regular business hours. It- • MCBOCC has adopted a Microsoft Operating System as a standard and server `O version 2012 R2 and Microsoft SQL Database 2014 SP3 as a minimum platform It- of operation. Contractors with solutions that operate outside of these standard IL operating environments must fully identify the OS, Database and minimum LL hardware platform requirements to support their product. Further, for any web- based platform proposed that utilizes a web server engine other than Microsoft IIS, the same clarification must be provided to identify the solution being proposed. • MCBOCC operates a Nutanix HCI solution utilizing AHV (Acropolis) as our hypervisor software, MCBOCC will convert any KVM based virtual machine provided into our required AHV format. 2 . • On premise server solutions are not preferred but if proposed the Contractor will provide an expected hardware architecture to support the operation of their solution based on the identified user base that will be utilizing the solution. This will include servers (specifications and counts per type),all associated licenses required for the solution (including any client-side licensing models and/or third 7 Packet Pg. 661 F.19.a U) party licensing requirements), and expected storage capacity to retain data for five full years of operations. Whether hosted on premise or off-premise, the Contractor must clearly 2 identify the support options as they relate to time of day, days of week, and holiday availability, and entry level options based on any tier-ing (e.g. Support level 1 begins at normal entry level support during normal business hours, Support level 2 offers second tier support entry level and U) 24 hour support, etc.) Software Specifications: Category Minimum Specification 0 IL Operating System Windows 10 Office Productivity Microsoft Office 2016, Microsoft Office 365 ProPlus Web Browser Internet Explorer 11, Chrome 75.0.3770 2 JAVA JRE 8 Update 211 Microsoft NET 4.6 .NET Silverlight version 5 Framework 0 L- • For on premise solutions, MCBOCC has adopted a Microsoft Operating System CL CL as a standard and server version 2008r2 and Microsoft SQL Database 2008R2 as a minimum platform of operation. MCBOCC has adopted and prefers to operate within Microsoft Server 2012R2 and Microsoft SQL Database v.2012 y SP2.Contractors with solutions that operate outside of these standard operating environments must fully identify the OS, Database and minimum hardware LO platform requirements to support their product. Further, for any web based platform proposed that utilizes a web server engine other than Microsoft IIS,the same clarification must be provided to identify the solution being proposed. IL LL • MCBOCC operates an EqualLogic SAN and will expect the solution proposed to utilize a data storage model,where necessary, on that platform. Exceptions to interactions with this storage platform must be fully identified in the proposal. • If user load balancing is required, MCBOCC Operates an F5 unit to carry out these functions. Should a Contractor not be able to operate utilizing that platform,the exception must be clarified in the proposal. ° 2 6. Inquiries: All questions concerning this RFP must be submitted by no later than 3:00 EST on December 19, 2019. Direct all questions via email to: maddox- natalie _monroecounty-fl.gov Include the RFP number, page, and paragraph number for each question. 8 Packet Pg. 662 F.19.a () The only official answer to questions submitted will be provided in writing by the County and posted as an Addendum to this RFP. .2 7. Source Selection and Contract Award: • Award(s), if made, will be made to the Responsive and Responsible Vendor(s) () whose proposal is most advantageous to MCBOCC, taking into consideration price and the other evaluation criteria set forth in this RFP (see section 10). MCBOCC will not use any other factors or criteria, other than those listed in section 10, in the evaluation of proposals received. • MCBOCC reserves the right to negotiate price and contract terms and conditions with the most qualified firm(s)to provide the requested service. If a IL mutually beneficial agreement with the highest ranked firm is not reached, MCBOCC reserves the right to enter into contract negotiations with the next highest ranked firm and continue this process until an agreement is reached. 2 • An award of contract does not guarantee any volume or dollar amount of purchase. • MCBOCC reserves the right to extend the terms, conditions, and prices of contract(s) awarded from this RFP to other Institutions (such as State, Local and/or Public Agencies)who express an interest in participating in any contract > that results from this RFP. Each of the piggyback institutions will issue their own purchasing documents for purchasing of the goods/services; Proposer agrees CL CL that MCBOCC shall bear no responsibility or liability for any agreements between Proposer and the other Institution(s)who desire to exercise this option. cv`14 8. Projected Timetable: era The following projected timetable should be used as a working guide for planning It- purposes. MCBOCC reserves the right to adjust this timetable as required during It- the course of the RFP process. IL LL Event Date RFP Issued 1 1/26/2019 Commented[JR2]:Need to adjust dates base( Deadline for submittal of questions 12/19/2019 3:OOp.m. EST release date Deadline for issuance of Addenda 01/03/2020 Proposals Due 01/28/2020 3:00 p.m. EST 2 . 9. General criteria to determine "Responsible" RFP vendor: • Does the proposal include all required information, including completed Attachment forms and affidavits? • Was the proposal delivered on or before the stated deadline? Did it include the requested number of copies(hard &electronic)? 9 Packet Pg. 663 F.19.a U) Does the proposer take significant exceptions to the MCBOCC standard contract terms? • Does the Vendor demonstrate its understanding of MCBOCC's needs and ° proposed approach to the project? • Does the Vendor possess the ability, capacity, skill, and financial resources to provide the service? U) • Can the respondent take upon itself the responsibilities set forth in the RFP (and resultant contract)and produce the required outcomes in a timely fashion? • Does the Vendor have the character, integrity, reputation, judgment, experience, and efficiency required for the project? • Does the Vendor propose to perform the work at a competitive and reasonable IL price? 10. Instructions for Proposal: A. Compliance with the RFP 2 Proposals must be in strict compliance with this Request for Proposals. Failure 0 to comply with all provisions of the RFP may result in disqualification. B. Required Forms Vendor must complete and submit Attachment A (Contact Information), Attachment B(Certification Regarding Debarment or Suspension),Attachment y C(Condition of Submitting Proposal),Attachment G(Non-Collusion Form),and Attachment H (Drug Free Workplace Form)with the Proposal. 91 C. Acknowledgment of Insurance Requirements By submitting a proposal, Vendor acknowledges that it has read and > understands the insurance requirements for the proposal (see Attachment D, section 15). Vendor also understands that the evidence of required insurance ep must be submitted within fifteen (15) working days following notification of its offer being accepted; otherwise, MCBOCC may rescind its acceptance of the Vendor's proposal. IL LL D. Delivery of Proposals • All proposals are to be delivered by mail, overnight mail, or in-person delivery before 3:00 p.m. EST on 01/28/2020 to: Commented[H3]:Date will change Monroe County Purchasing Department 1100 Simonton Street,Suite 2-213 2 a Key West, FL. 33040 MCBOCC WILL NOT accept any proposals received after the date and time shown above, or delivered to a location other than the one listed above. MCBOCC will not accept proposals by e-mail or fax. Late or incorrectly delivered proposals will be returned at Vendor's expense or destroyed after 30 days, at the MCBOCC's election. 10 Packet Pg. 664 F.19.a U) 0 • Proposers must submit one (1) original, and six (6) exact duplicate, numbered copies of the proposal and one(1) un-locked electronic copy 2 of the complete proposal, including all required attachments, on a standard USB flash drive. It is not necessary to submit each proposal in a separate envelope. • All proposals must be submitted in a sealed envelope. On the outside, list the RFP Number on the outside of the box or envelope, the name of the Proposer, and note, "RFP Benefits Administration enclosed". • All proposals must be signed by an officer or employee having authority to legally bind the Respondent.Any manual corrections to the proposal must be initialed. Respondents are required to carefully examine the IL LL RFPterms and to become thoroughly familiar with any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowance will be made due to lack of knowledge of these conditions. U) • Proposals will be opened publicly in a manner to avoid public disclosure 0 of contents; only names of the Proposers will be read aloud. • Unless by specific invitation, evaluation committee members, MCBOCC elected officials and County staff (except the Purchasing Staff Contact listed for this RFP) are not to be contacted prior to the MCBOCC's > decision to approve or reject the recommendation presented to it by the CL evaluation committee. Failure to comply with this requirement may be CL grounds for disqualification. Specifically, this NO-CONTACT PERIOD shall commence on the initial date of posting of the Request for Proposals cy and continue through and include the date the MCBOCC's makes its > determination to approve or reject the final recommendations. era E. Evaluation of Proposals(Procedure) IL MCBOCC will first examine proposals to reject those that are clearly non LL - responsive to the stated requirements. Proposers who are determined to be non-responsive will be notified of this determination. An Evaluation Committee appointed by the MCBOCC Director of Employee Services and will evaluate the proposals.. The Committee will score all responsive and responsible proposals based upon the criteria detailed herein. Upon completion of the initial scoring, the Committee may either recommend award(s), or enter into a short-listing process with those 2 Vendors whose proposals are determined to be a competitive vendor. • The evaluation process that follows the initial scoring may include, but not be limited to, a series of requests to Vendors for clarifications, additional discussions, presentations,amended proposals,contract negotiations, best and final offers,and/or detailed reference checks.This process may involve multiple short listing rounds for the purpose of achieving contracts that are 11 Packet Pg. 665 F.19.a U) in the best interests of MCBOCC as determined by the Committee. Evaluation scores may be adjusted upward or downward during this step. Subsequent scorings will be based on comparison of only the short listed 2 proposers. • The MCBOCC Director of Purchasing reserves the right to withdraw this RFP at any time for any reason and to issue such clarifications, modifications, and/or amendments as he/she may deem appropriate. 4- • Receipt of a proposal by the MCBOCC Purchasing Department, or a submission of a proposal to the MCBOCC Purchasing Department, offers no rights upon the Vendor nor obligates MCBOCC in any manner. 0 • The Director of Purchasing reserves the right to waive minor irregularities IL in proposals, provided that such action is in the best interest of MCBOCC. LL Any such waiver shall not modify any remaining RFP requirements or excuse the Vendor from full compliance with the RFP specifications and other contract requirements if the Vendor is awarded the Contract. 2 F. Ambiguity, Conflict, or Other Errors in the RFP If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, the proposer shall immediately notify the MCBOCC Purchasing Staff Contact for this RFP of such error in writing. Any resultant modification(s)to the RFP will be made by written and published amendment y to the RFP. Failure of the proposer to notify MCBOCC of any ambiguities, conflicts, discrepancies, omissions, or other errors in the RFP, prior to 91 91 submitting the proposal, shall be a waiver of the same and render them not subject to later protest by the proposer. cv G. Proposals and Presentation Costs era MCBOCC will not be liable in any way for any costs incurred by any Vendor in It- the preparation of its proposal in response to this RFP, nor for the presentation It- of its proposal and/or participation in any discussions or negotiations. IL LL H. Acceptance and Rejection of Proposals MCBOCC is under no obligation to accept any Proposal and reserves the right to accept or reject, in whole or in part,any or all proposals submitted. I. Requests for Clarification of Proposals Requests by the Evaluation Committee for clarification of proposals shall be 2 a distributed by the Purchasing Staff Contact in writing (or email). J. Validity of Proposals U) All proposals must be valid for a period of ninety (90) days from the proposal due date. K. Protests 12 Packet Pg. 666 F.19.a U) (Monroe County Purchasing Policy): Any 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 A (72)hours or three(3)business days,whichever is 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. U) A formal written protest may be submitted in writing and must be received by the Monroe County Attorney's office seventy-two (72) hours or three(3) business days prior to the Board of County Commissioners' meeting date in which the award of contract by the BOCC will be heard. The only opportunity to protest claims is before the BOCC at a 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 MCBOC IL Administrative Procedures, the Proposer that filed the protest is responsible for LL providing the Clerk with its name and residence prior to the agenda item to award the contract being called in order to preserve its 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 A MCBOCC decision to award the contract is fine and at its sole discretion. 14. Evaluation Criteria: 0 A. Response Format The Proposal is to include a Table of Contents and sections for each Tab listed below and should be organized in the order shown. Each section should be 91 9 clearly labeled,with pages numbered. Failure of a proposer to include all listed items may result in the rejection of the Proposal. cv B. Evaluation Criteria(Factors) > Proposals will be scored and ranked by the Evaluation Committee based on the criteria set forth below and an overall assessment of the "best value" to `p the County. IL LL TAB I—Proposed Solution: Total points available for this criterion =40 1. Please provide details of your firm's proposed solution to meet the requested services as outlined in sections 1-5. 2. Please complete the questionnaire in Attachment E. U) . TAB II— Company information, experience and personnel: U) Total points available for this criterion = 15 1. The Proposer shall provide the followina company information: 13 Packet Pg. 667 F.19.a U) a. The nature and scope of the company's business. b. The organizational structure of the firm and identify the number of employees A in each group. c. The location of company headquarters and the location of the site which would serve MCBOCC. U) 4- d. The number of years the firm has been licensed to do business. e. The number of years the firm has been providing the services requested through this RFP. f. How long has your company been selling &supporting the proposed solution? IL g. How many similarly sized or larger governmental clients do you have utilizing your proposed solution? A h. What percentage of your customer base is governmental? i. Provide a comprehensive list of similarly sized clients that utilize the solution as being proposed to MCBOCC; include the number of years the clients have been utilizing the products. 0 L_ j. Please identify all firms that will provide services in conjunction with the 91 91 performance of this agreement. < k. In accordance with Section 2-347(h)of the Monroe County Code, the Proposer > must provide the following information: It- era (1)A list of the person's or entity's shareholders with five percent or more of the CD stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, IL names(s)of owner(s); (2)A list of the officers and directors of the entity; (3)The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications(include a list of similar projects); (4) The number of years the person or entity has operated under its present name and any prior names; (5)Answers to the following questions regarding claims and suits: A a 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, 14 0 Packet Pg. 668 F.19.a U) or general partners? If yes, provide details; c. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or 2 directors,within the last five 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 years, the owner, an officer, general partner, IL LL principal,controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; f. Customer references(minimum of three), including name, current address and current telephone number; > g.Credit references(minimum of three),including name,current address and current telephone number; and h. Financial statements for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity. L_ CL Behind this Tab,the Proposer shall also attach the executed Non-Collusion Statement CL (Attachment G to this RFP)and the Drug-Free Workplace Form (Attachment H to this RFP). cy M 2. Company implementation Personnel: Ir- LO CD Ir- a. Describe the overall organization of the Proposer's proposed project implementation team and management reporting structure and provide a IL LL staffing chart. b. Identify each team member who will work on the implementation. What is the role and percentage of involvement with this project of each member of the team?Will they be involved in multiple implementations or only assigned to this 0 one? Describe their experience level particularly in relation to the proposed solution. 2 c. Submit the bios or resumes of the proposed key personnel. d. Are the members of the project team employees of the firm? If not, in what capacity will they be working? 4- e. Project Manager(s)Qualifications: 15 Packet Pg. 669 F.19.a U) • Proposer shall provide a detailed bio or resume for the assigned project manager(s). • Describe the Project Manager's recent experience in implementations of the 2 specific the proposed solution. Tab III, Compensation/Price Data Total points available for this criterion are 30 points. 4- Attachment F to this RFP is the Cost Proposal template. All costs associated with the Proposer's solution must be included in this section, including third party products, solutions, and services. Proposer may use additional sheets as needed to clearly detail the cost of their proposal. IL LL • Assume all on-site training facilities to be provided by MCBOCC at one of our campus locations. • All travel expenses must follow the MCBOCC travel policy • All prices must be free of all federal, state and local taxes unless otherwise imposed by a government body and applicable to the materials on this RFP. For services and goods that are applicable throughout the County, unless explicitly 0 stated otherwise in the final contract, Contractor is not guaranteed any specific quantity of purchase during the contract term. Pricing provided in response to this RFP will apply to any incremental quantity purchased, except in the case that responder quotes pricing in a quantity-price type ofmatrix/table. 91 91 Tab IV, Past Performance and References � Total points available for this criterion are 10 points. Ir- • Provide three current and three terminated references for similar projects in size `O and scope successfully completed by your firm within the last three years. IL • Information provided for each client shall include the following: LL a) Client name, address, email, and current telephone number b) Brief description of the project and services provided c)Time period of the project or contract d) Explanation of any significant variances to the project plan(cost, 2 schedule, etc.) • MCBOCC may also consider other sources of pertinent past performance information, including the County's own experience with U) the proposer. Failure to provide complete and accurate client information, as specified here, 16 Packet Pg. 670 F.19.a U) C may result in the disqualification of your proposal and will be reflected in the scoring. 2 Tab V. Exceptions to MCBOCC Standard Contract Terms Total points available for this criterion are 5 points. Attachment D to this RFP is the MCBOCC standard terms and conditions for contracts. List any exceptions to the standard terms and conditions. Any additional terms, or documents containing terms, that the Proposer submits 0 for inclusion in the final contract or as a requirement for MCBOCC to sign prior to using or receiving Proposers goods or services,are to be listed as an exception. Failure to disclose these at the time of submitting the Proposal is CL grounds for disqualification as non-responsive. If no exceptions are taken, LL include a statement to that effect in the proposal. Exceptions,or additions,to the standard terms, which MCBOCC considers non-negotiable, may be C grounds for declaring your proposal as nonresponsive. 2 TAB VI—Finalist Solution Demonstrations and Review(if applicable,see note below). Note: MCBOCC may or may not elect to have a solutions demonstration. This decision will be made by MCBOCC after review of the scores in Tabs I-VI. If not, award(s) will be based on the highest scores from Tabs I-VI only. If demonstrations are requested, they will only be requested from the highest > scoring vendors from Tabs I-VI (Total number to be determined by MCBOCC). Demonstrations (if any) will take place at a site to be determined on the CL CL MCBOCC located in Key West, FL. Total points available for this criterion will be 25 points. > Proposers whom are considered finalist will have the opportunity to earn an It- additional 25 points to combine with those points earned in Tabs I-VI LO It- CL LL It- 0 . 2 U) 4- 0 C 0 CO 17 0 Packet Pg. 671 F.19.a U) 0 ATTACHMENT A Contact Information . U) Company's Legal Name: Company's Official Address: Federal ID Number: Company Web Site(URL): LL Primary contact during the proposal review process. Name: Address: Phone number: 0 E-mail address: > 0 I- CL CL Contractor's contact person for contract administration Name: C14 Address: era Phone number: It- It- E-mail address: LL Contractor's agent or contact person for legal notifications Company: Name: Address: 2 . Phone number: E-mail address: 4- 18 Packet Pg. 672 F.19.a U) 0 ATTACHMENT B Certification Regarding Debarment or Suspension ° In compliance with contracts and grants agreements applicable under the U.S. Federal Awards Program, the following certification is required by all Proposers submitting a U) proposal in response to this Request for Proposal: 11.The Proposer certifies, to the best of its knowledge and belief, that neither the Proposer nor its Principals are suspended, debarred, proposed for debarment, or declared ineligible for the award of contracts from the United States federal government procurement or non-procurement programs, or are listed in the IL LL Excluded Parties List System in the System for Award Management (SAM) issued by the General Services Administration. 2 Principals, for the purposes of this certification, means officers, directors, owners, � partners, and persons having primary management or supervisory responsibilities within a business entity(e.g., general manager, plant manager, head of asubsidiary, y division, or business segment, and similar positions). 0 .The Proposer shall provide immediate written notice to the MCBOCC Director of Purchasing if,at any time prior to award,the Proposer learns that this certification was y erroneous when submitted or has become erroneous by reason of other circumstances. CL CL 4 This certification is a material representation of fact upon which reliance will be placed when making the award. If it is later determined that the Proposer rendered an y erroneous certification, in addition to other remedies available to MCBOCC's Director Ir- of Purchasing may terminate the contract resulting from this solicitation for default. LO Ir- Ir- Printed Name of Representative: IL LL Signature/Date: / Company Name: Address: City/State/Zip: U) . SSN or EIN No: U) 4- 19 Packet Pg. 673 F.19.a U) 0 ATTACHMENT C Condition of Submitting Proposal The undersigned Proposer has carefully examined all instructions, requirements, specifications,terms, and conditions of the RFP and Contract and certifies: U) 4- 1 It is a reputable company regularly engaged in providing goods and/or services necessary to meet the requirements, specifications, terms, and conditions of the RFP and Contract. It has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the requirements,specifications,terms, and conditions of the IL LL RFP and the Contract. Further, if awarded, Proposer agrees to perform the requirements,specifications,terms, and conditions of the RFP and Contract. All statements, information, and representations prepared and submitted in response to the RFP are current, complete, true, and accurate. Proposer 2 acknowledges that Monroe County Board of County Commissioners' (MCBOCC) will rely on such statements, information, and representations in selecting the successful proposer(s). 0 4 That the prices quoted shall be MCBOCC's pricing for the product and/orservices for the time stated in the RFP. > 0 5. It shall be bound by all statements, representations, warranties, and guarantees CL C made in its Proposal. CL Proposer acknowledges that the Contract may be canceled at any time, if any C14 conflict of interest or appearance of a conflict of interest is discovered by MCBOCC, > in its sole discretion. It- /. All purchase orders must be duly authorized and executed by MCBOCC and subject `O to the terms and condition of the RFP and Contract. It- IL ❑ By checking this box, Proposer agrees that MCBOCC reserves the right to LL extend the terms, conditions, and prices of this contract to other Institutions (such as State, Local and/or Public Agencies) who express an interest in participating in any contract that results from this RFP. Each of the piggyback institutions will issue their own purchasing documents for the goods/services. Proposer agrees that MCBOCC shall bear no responsibility or liability for any agreements between Proposer and the other Institution(s) who desire to exercise this option. a VENDOR LEGAL NAME: AUTHORIZED SIGNATURE: DATE: U) PRINT NAME: TITLE: - 20 Packet Pg. 674 F.19.a U) ADDRESS: CITY,STATE,ZIP: PHONE: EMAIL: . U) 4- 0 A 0 0 cv era Ir- Ir- A U) 4- 21 Packet Pg. 675 F.19.a U) 0 ATTACHMENT D a Contract Standard Terms &Conditions 1. Delivery and Installation.All deliveries of goods or performance of services shall be made pursuant to a written purchase order issued by MCBOCC, which assumes no liability for any goods delivered or services performed without such purchase order. Goods defined in this Contract will be ordered and supplied on an as needed basis only. Nothing in this Contract shall be construed as a minimum guarantee of goods to be ordered from Contractor. IL 2. Compensation. LL MCBOCC will pay upon presentation of a proper invoice for non-construction services in accordance with the Florida Local Government Prompt Payment Act, F.S.218.70 et seq. 2 Contractor shall submit a written report with invoice to MCBOCC each month setting forth the services provided in the billing period. Such report shall include,but not limited to, description of type of service, date, time and duration of service, agendas, sign-in sheets, attendance rosters. Request for reimbursement of any costs or expenses (including but not limited to travel expenses) must be accompanied by actual receipts. MCBOCC will only reimburse for actual expenses(not,for example,overhead on top of expenses). Payment of invoices may be withheld if documentation is not sufficient. MCBOCC may request additional documentation or explanation regarding services at CL CL any time and Contractor shall respond to such requests promptly with such additional information as MCBOCC may require. Failure to provide such additional information or explain why it cannot be provided within thirty days of receipt of the request from y MCBOCC may be cause for termination of this contract. Ir- 3. Taxes. MCBOCC is exempt from sales and use taxes. Furthermore, Contractor LO understands that it cannot claim exemption from taxes by virtue of any exemption that is provided to MCBOCC. IL 4. Warranty. LL a) Contractor warrants that for a period of one year from the date of delivery,the goods provided, including software, shall be free of any defects that interfere with or prohibit the use of the goods for the purposes for which they were obtained. Such purposes are stated in the RFP. b) During the warranty period, Contractor shall,at the sole option of MCBOCC, repair or replace any defective goods, by written notice to the Contractor. U) . 5. License.Contractor warrants and represents that it is the owner of or otherwise has the right to and does hereby grant MCBOCC a license to use any software provided for the purposes for which the software was obtained. Such purposes are set forth in MCBOCC's RFP. U) 4- 6. Terms of Service.In the event of any conflict between the terms of this Contract and the Contractor's standard Terms of Service ("TOS"), any terms posted on 22 Packet Pg. 676 F.19.a U) Contractor's website or application, or any terms for which a user is required to click "accept"on-line in order to log in to Contractor's application,the terms of this Contract shall control. 2 a 7. Coavriaht,Trademark,Service Mark.or Patent Infrinaement a) Contractor shall,at its own expense,be entitled to and shall have the duty to defend any suit which may be brought against MCBOCC to the extent that it is based on a U) claim that the products or services furnished infringe upon a copyright, Trademark, Service Mark, or patent. Contractor shall further indemnify and hold harmless MCBOCC against any award of damages and costs made against MCBOCC by a final judgment of a court of last resort in any such suit. MCBOCC shall provide Contractor immediate notice in writing of the existence of such claim and full right and opportunity to conduct the defense thereof, together with all available information and reasonable cooperation, assistance and authority to enable Contractor to do so. No costs or expenses shall be incurred for the account of Contractor without its written consent. MCBOCC reserves the right to participate in the defense of any such action. Contractor shall have the right to enter into negotiations for and the right to effect settlement or compromise of any such action, but no such settlement or compromise shall be binding upon MCBOCC unless approved by the county's Legal Counsel. b) If the products or services furnished under this contract are likely to,or do become, the subject of such a claim of infringement, then without diminishing Contractor's obligation to satisfy the final award, Contractor may at its option and expense: > 0 i) Procure for MCBOCC the right to continue using the products or services,or CL CL ii) Replace or modify the alleged infringing products or services with other equally suitable products or services that are satisfactory to MCBOCC, so that they cy become non-infringing,or > C) iii) Remove the products or discontinue the services and cancel any future LO charges pertaining thereto,provided,however,that Contractorwill not exercise option b.iii., until Contractor and MCBOCC have determined that options b.i. It- It- and b.ii.are impractical. c) Contractor shall have no liability to MCBOCC, however, if any such infringement or claim thereof is based upon or arises outof: i) The use of the products or services in combination with apparatus or devices not supplied or else approved by Contractor,or ii) The use of the products or services in a manner for which the products or services were neither designated nor contemplated,or 2 iii) The claimed infringementin which MCBOCC has any director indirect interest by license or otherwise,separate from that granted herein. 8. Termination for Breach.Should Contractor fail to fulfill in a timely and proper manner its obligations under this contract or if it should violate any of the terms of this contract, U) MCBOCC shall have the right to immediately terminate the contract. Such termination shall not relieve Contractor of any liability to MCBOCC for damages sustained by virtue of any breach by Contractor. Contractor shall be in default hereof if it becomes 23 0 Packet Pg. 677 F.19.a U) insolvent, makes an assignment for the benefit of its creditors,a receiver is appointed or a petition in bankruptcy is filed with respect to Contractor and is not dismissed within thirty(30)days. 2 a 9. Termination for Funding. Any contract arising from this RFP is subject to annual appropriation by MCBOCC. In the event MCBOCC,in its sole discretion,does not or cannot obtain or continue the funding of this Contract from any source or sources at an aggregate level sufficient to allow for payment for the Work, MCBOCC may exercise U) one of the following alternatives: (1) terminate this Contract effective upon a date specified in a Termination Notice; or (2) continue this Contract by reducing, through written notice to Contractor, the amount of this Contract and the scope of work, consistent with the nature, amount, and circumstances of the loss of funding. Any termination or reduction of this Contract pursuant to this subsection shall not affect any obligations or liabilities of either Party accruing prior to such termination or reduction. LL MCBOCC shall not face any liability or penalty as a result of such termination or reduction of this Contract. 10. Termination for Convenience. MCBOCC may terminate this Contract at any time upon thirty(30)days written notice to Contractor. Contractor shall be paid in full for all 2 authorized expenditures and any goods or services satisfactorily provided through the date of termination, but in no case shall MCBOCC be liable to Contractor for compensation for any good or service which has not been rendered.A termination for convenience shall not be a breach of this Contract by MCBOCC. The final decision as to the amount, for which MCBOCC shall be liable, shall be determined by MCBOCC. @ Contractor shall not have any right to any actual general, special, consequential, > incidental, or any other damages whatsoever of any description or amount for 91 MCBOCC's exercise of its right to terminate for convenience. CL 11. Compliance with Laws.Contractor agrees to comply with any applicable federal,state and local laws and regulations. C14 12. Maintenance of Records. Contractor shall maintain documentation for all charges against MCBOCC. The books, records, and documents of Contractor, insofar as they LO relate to work performed or money received under the contract,shall be maintained for a period of five(5) full years from the date of final payment and will be subject to audit, T- at any reasonable time and upon reasonable notice by MCBOCC or its duly appointed LL representatives. The records shall be maintained in accordance with generally accepted accounting principles. If an auditor employed by the County or Clerk of Courts determines that monies paid to the Company 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 F.S.55.03,running from the date the monies were paid to the Contractor. 13. MCBOCC Property. Any MCBOCC property,including but not limited to books,records U) and equipment,that is in Contractor's possession shall be maintained by Contractor in good condition and repair, and shall be returned to MCBOCC by Contractor upon termination of the contract.All goods, documents, records,and other work product and property produced during the performance of this contract are deemed to be MCBOCC U) property. 14. Partnership/Joint Venture. Nothing herein shall in any way be construed or intended to create a partnership or joint venture between the parties or to create the relationship 24 Packet Pg. 678 F.19.a U) of principal and agent between or among any of the parties. None of the parties hereto shall hold itself out in a manner contrary to the terms of this paragraph. No party shall become liable for any representation,act or omission of any other party contrary to the 2 terms of this paragraph. 15. Insurance. During the term of this Contract,Contractor shall maintain comprehensive coverages including: U) Coverage Limits Form# Workers' Statutory Compensation $500,000 bodily injury by accident WC2 Employers $500,000 bodily injury by LL Liability disease, policy limits $500,000 bodily injury by disease, ea. Employee Commercial $500,000 combined single General Liability limit GL2 Vehicle Liability $300,000 combined single VL2 limit C ber Liability $1,000,000 CL1 0 The MCBOCC shall be included as an additional insured on the comprehensive I- CL general liability policy. Commercial general liability shall apply as primary insurance CL with respect to any other insurance or self-insurance programs afforded to MCBOCC. < There shall be no endorsement or modification to make insurance excess over other cv available insurance. Contractor shall maintain workers' compensation insurance with > statutory limits as required by the State of Florida or other applicable laws and employers' liability insurance with limits of not less than five hundred thousand `O dollars ($500,000). A certificate of insurance, in a form satisfactory to MCBOCC, evidencing said coverage shall be provided to MCBOCC prior to commencement of performance of this Contract. All certificates of insurance for general, automobile, LL commercial umbrella and cyber liability policies shall name MCBOCC as an additional insured in addition to certificate holder. Throughout the term of this Contract, Contractor shall provide an updated certificate of insurance upon expiration of the current certificate. 0 16. Indemnification and Hold Harmless. Contractor shall indemnify and hold harmless MCBOCC, its officers,agents and employees from: a) Any claims,damages,costs and attorney fees for injuries or damages arising,in part or in whole, from the negligent or intentional acts or omissions of Contractor, its officers, employees and/or agents, including its sub or independent contractors, in connection with the performance of the contract. b) Any claims,damages, penalties, costs and attorney fees arising from any failure of Contractor, its officers,employees and/or agents, including it sub or independent contractors,to observe applicable laws, including, but not limited to,labor laws and 25 Packet Pg. 679 F.19.a U) minimum wage laws. c) MCBOCC will not indemnify, defend or hold harmless in any fashion the Contractor from any claims, regardless of any language in any attachment or ° other document that the Contractor may provide. 17. Attorney Fees. Contractor agrees that, in the event either party deems it necessary to take legal action to enforce any provision of the contract, or in the event MCBOCC U) prevails,Contractor shall pay all expenses of such action including MCBOCC's attorney fees and costs at all stages of the litigation. 18. Assianment-Written Consent Reauired.The provisions of this contract shall inure to the benefit of and shall be binding upon the respective successors and assignees of the parties hereto. Neither this contract nor any of the rights and obligations of Contractor hereunder shall be assigned or transferred in whole or in part without the prior written LL consent of MCBOCC. Any such assignment or transfer shall not release Contractor from its obligations hereunder. 19. Entire Contract.This contract sets forth the entire agreement between the parties with respect to the subject matter hereof and shall govern the respective duties and obligations of the parties. > 20. Force Maieure.No party shall have any liability to the other hereunder by reason of any 0 delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government,act of public enemy, or other cause of similar 91 or dissimilar nature beyond its control. 21. Governing LawNenue. Florida law shall govern regardless of any language in any � attachment or other document that the Contractor may provide.Any action between the parties arising from this agreement shall be maintained in the courts of Monroe County, Florida. LO 22. Modification of Contract. This contract may be modified only by prior writtenIt- amendment executed by all parties and their signatories hereto. LL 23. Waiver. No waiver of any provision of this contract shall affect the right of any party thereafter to enforce such provision or to exercise any right or remedy available to it in the event of any other default. 24. Severability. Should any provision of this contract be declared invalid by any court of competent jurisdiction, such provision shall be severed and shall not affect the validity of the remaining provisions of this contract. 25. Privacy. With regard to any reports,studies,or other works developed in the course 2 a of this Contract,or as a result thereof,Contractor shall not publish Private Information or any other information which identifies employees,or officers of MCBOCC by name without first obtaining written consent from such individuals,or in the case of a minor, his or her parent or legal guardian. Contractor shall provide to MCBOCC for its review any proposed publication, brochure, or advertisement in which MCBOCC is named not less than thirty (30) calendar days prior to submission for publication and Contractor shall remove MCBOCC's name or information identifying MCBOCC from 26 Packet Pg. 680 F.19.a U) the publication if MCBOCC requests removal. Contractor shall not issue, publish, or divulge any Materials developed or used in the performance of this Contract or make any statement to the media relating to this Contract without the prior consent of 2 MCBOCC. In no event shall the Contractor publish, display, or in any way use the County seal for its commercial purposes(F.S. 165.043). 26. Continaent Fees.Contractor hereby represents that Contractor has not been retained, or retained any persons,to solicit or secure a MCBOCC Government contract upon an agreement or understanding for a contingent commission,percentage,or brokerage fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. Breach of the provisions of this paragraph is,in addition to a breach of this contract,a breach of ethical standards which may result in civil or criminal sanction and/or debarment or suspension from being a contractor or subcontractor under MCBOCC Government contracts. LL 27. Gratuities and Kickbacks/Ethics Clause. The Contractor shall warrant 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 Monroe County Ordinance No. 2 010-1990 or any current 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 contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift or consideration paid to the current or former County officer or employee. CL 28. Ethics/ Conflicts of Interest / Gift Policy. The parties recoanize and aaree that MCBOCC is reauired to comply with the standards of conduct for public officers and employees laid out in the Florida Ethics Code contained in F.S. 112.313 as well as its C14 own Ethics Policy. contained in the Monroe County Personnel Policies & Procedures Manual. reaardina. but not limited to, solicitation or acceptance of aifts. doina business with one's own aaencv,unauthorized compensation,misuse of public position.conflictina `O employment or contractual relationship, and disclosure or use of inside information. Amona other thinas: No MCBOCC employer. officer or aaent may participate in the selection,award,or administration of a contract if he or she has a real or apparent conflict LL of interest. Such a conflict would arise if the emplovee,officer or aaent,or any member of his or her immediate family, receives a tanaible personal benefit from a firm that receives or under consideration for a contract. The officers, emplovees and aaents of the County may not accept any aift of value in excess of$25.00,and may not accept any gifts of any amount,if the expectation is that the aift aiver will receive somethina of value in return for the aift. County emplovees,officers and aaents who violate the State Ethics Code or the MCBOCC ethics policy will be subject to disciplinary actions, up to and U) includina termination as well as possible criminal prosecution. 29. E-Verify. The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the emplovment eliaibility of all new emplovees hired by the U) Contractor durina the term of the Contract and shall expressly reauire any subcontractors performina work or providina services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the emplovment eliaibility 27 Packet Pg. 681 F.19.a U) of all new emolovees hired by the subcontractor durina the Contract term. 30. Non-Discrimination. It is the policy of the MCBOCC not to discriminate on the basis 2 of age, race, sex, color, national origin, pregnancy, religion, gender or disability in its hiring, promotion, demotion, dismissal or laying off, and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this contract,Contractor certifies and warrants it will comply with this policy. No person shall be excluded from participation in, be denied benefits of, be discriminated against in the admission or access to,or be discriminated against in treatment or employment in MCBOCC's contracted programs or activities, on the grounds of handicap and/or disability, age, race, color, religion, sex, national origin, pregnancy, religion, gender or any other classification protected by federal or Florida State Constitutional or statutory law; nor shall they be excluded from participation in, LL be denied benefits of, or be otherwise subjected to discrimination in the performance of contracts with MCBOCC or in the employment practices of MCBOCC's Contractors. Accordingly, all Proposers entering into contracts with MCBOCC shall, upon request, be required to show proof of such nondiscrimination and to post in conspicuous places that are available to all employees and applicants, notices of nondiscrimination. > 31. Compliance with the Americans with Disabilities Act. The contractor will be M required to provide assurances that it does not discriminate on the basis of disability 0 in admission to, access to, or operations of its program, services, or activities, including hiring or employment practices. The contractor will insure that qualified applicants and participants with disabilities in its services, programs,or activities have communication access that is equally effective as that provided to people without disabilities. Information shall be made available in accessible formats and auxiliary aids and services shall be provided upon the reasonable request of a qualified person C14 with a disability.Florida Public Records Law. 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: `O a. Keep and maintain public records required by Monroe County in order to perform the service. LL b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. U) 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 28 Packet Pg. 682 F.19.a U) 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 2 completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. 4- IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, bradle - brian rnonroecountyJ. ov, c/o Monroe County Attorney's Office, 1111 12th St., Suite 408, Key West FL 33040. 32. Effective Date. This contract shall not be binding upon the parties until it has been signed first by the Contractor and then by the authorized representatives of the > MCBOCC and has been filed in the office of the County Clerk. When it has been so M signed and filed,this contract shall be effective as of the date first written above. 33. Public Entity Crime Statement F.S. 287.133: 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 bid, proposal,or reply on a contract to provide any goods or services to CL C a public entity; may not submit a bid, proposal, or reply on a contract with a public CL entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be C14 awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity LO in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO CD ($35,000) for a period of 36 months following the date of being placed on the It- convicted vendor list. LL 34. Price Analysis: a)"Price Analysis" is the process of examining and evaluating proposed price without evaluating its separate cost elements and proposed profit. Techniques include comparison of amounts from responses received, comparison of proposed prices to historical prices paid, comparison with published price lists, comparison to your independent estimate. Price Analysis is the preferred method to be used by the Requesting Department. 2 a b)"Cost Analysis"is the review and evaluation of any separate cost elements and profit or fee in an respondents/offerors' proposal, as needed to determine a fair and reasonable price and the application of judgement to determine how well the proposed costs represent what the cost of the contract should be. The Requesting Department must negotiate profit as a separate element of the price for each contract in which there is no price competition, and in all cases where cost analysis is 29 Packet Pg. 683 F.19.a U) performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed,the risk borne by the contractor,the contractor's investment, the amount of subcontracting, the quality of its record of part 2 performance, and industry profit rates in the surrounding geographical area for similar work. (2 C.F.R. §200.323(b))Cost of prices based on estimated cost for contracts under the Federal award are allowable only to the extent that cost incurred,or cost estimates included in the negotiated prices would be allowable for the County under Subpart E—Cost Principles of this part. The County/non-Federal entity may reference its own cost principles that comply with the Federal cost principles. (2 C.F.R. §200.323(c)) c)Cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. (2 C.F.R. §200.323(d)). IL LL 0 L- CL CL cv M It- era It- It- IL CD 2 U) 4- 30 Packet Pg. 684 F.19.a U) ATTACHMENT E Questionnaire a • All responses must be germane to the question — marketing language responses will result in a non-response to the question,which will affect the RFP analysis and related scoring. U) • The answers to the RFP will be a part of the contract between you and The County. Answers that do not reflect reality may be considered as part of the definition of a breach of contract. 0 IL Question 1. Describe your current relationships with three employers similar to Monroe County indicating number of employees and what services (i.e., enrollment, communications/decision support portal, COBRA, employee service center, dependent verification, retiree services,) you have provided or are providing U) today. Provide contact information for reference purposes. Response Employer Example A: > la. Response Employer Example B: 1 b. @ Response Employer Example C: 1 c. L_ CL CL 1. Current Requirements < RFP Provide the following information: C14 Question Question a. Form W2 reporting - report employer and employee total premium cost of LO la. applicable plans to payroll to be included on W2. Response la. IL Question b. Ability to post Summary of Benefits and Coverage (SBC), Summary of LL 1 b. Material Modification (SMM), and/or Summary Plan Description (SPD) to online benefits library. Response 1 b. Question c. Required distribution of Compliance Notices. 1 c. Response 2 1 c. a Question d. Data to support the calculation of the Patient-Centered Outcomes Research 1d. Institute (PCORI) fee, covered lives verification (support collection and verification of number of covered lives--employee &dependent 1x/ ear . Response 1d. 31 0 Packet Pg. 685 F.19.a U) C Question e. Track employee's waive selections and waive reasons. 1 e. Response 2 1 e. Question 1f. f. Employer Mandate • The calculation of the number of full-time employees and whether or not the mandate applies. U) • Apply"look-back" provisions to determine benefit eligible employees(i.e., those employees working 30+ hours per week). • The calculation of the employee contribution level to determine affordability(<9.5%). Response 1 f. CL Question g. Auto enrollment (over 200+ EE's; automatically enrolled in lowest level plan; 1g. notification that they can waive or elect another plan and allow them to change). Response 2 1 . Question h. Employer IRS reporting of minimum value coverage and # of employees 1h. covered. Response 1 h. 0 i 1. Insurance,Systems&Technology Audits RFP Describe all audits,tests&reviews conducted over the past 24 months internally Question or by clients, prospects and third party vendors that you have hired specifically > for audit purposes. There is no need to include written descriptions of formal audit results that are submitted as part of this RFP response. ec Question a. Your operations and your data center audits,tests and reviews including: la. • SAS-70(Type I or II)(Include Issue Date and Type) • SSAE 16 (SOC 1, SOC 2, or SOC 3)(Include Issue Date and Type) CL LL Response la. Question b. Are you willing to share your last two years of audited financial statements if 1 b. selected as a"Finalist"? Response 1 b. 2. Security 2 RFP Provide the following information: Question Question a. Have you ever been required to disclose a HIPAA breach of information for a 2a. client's EE population? If yes,what steps were taken to resolve? If yes,was your breach 1) Unintentional (e.g., Stolen Laptop), 2) Intentional (Disgruntled 0 Employee),or 3 Outside Breach? Do you have a data breach plan in lace? CO 32 0 Packet Pg. 686 F.19.a U) Response 2a. Question b. Has your company been under examination by the Department of Labor 2b. (DOL) or Department of Health and Human Services (HHS)within the last 4 years in relation to HIPAA security or procedures? If so,was remedial action required and/or were fines assessed in relation to service failures affecting our current or former clients? Response 2 b. Question c. Describe your process for storing client data (i.e., servers, locations, cloud, 2c. etc.). What redundancy and security processes are used to ensure continuity of service? Response IL LL 2c. Question d. Confirm compliance with all HIPAA& HITECH requirements and regulations. 2d. Confirm you have a dedicated department and/or dedicated staff members responsible for monitoring and assuring HIPAA compliance. 2 Response 2d. > Question e. Confirm all subcontractors' compliance with all HIPAA & HITECH 2e. requirements and regulations. Confirm you will be responsible for executing BAA's with subcontractors and will be responsible for any subcontractor breaches in data security. > 0 Response CL C 2e. CL 3. Encryption RFP Provide the following information: N Question Question a. Description of your encryption protocol?(a)Levels(i.e. database, field)(b)at It- 3a. Reset(c)In Transit(d) Internal and (e) External to the network. `CD c Response It- 3a. IL Question b. Who has control over the decryption keys? LL 3 b. Response 3 b. Question c. Is your test database encrypted as well and at what levels? 3c. Response 3c. 2 Question d. Do you use 256-bit encryption for web interaction? 3d. Response 3d. U) Question e. Do you use FTPS? Does the decryption happen on the other end? 3e. 33 0 Packet Pg. 687 F.19.a U) C Response 3e. Question 3f. f. Is your back-up data also encrypted? Response 3f. Question g. Outline the"front door" protection (i.e. protected using ID's and Passwords). 3 . U) Response 3 . Question h. Password protocols (i.e. length, they require upper/lowercase, numbers 3h. and/or symbols).Are they customizable? Response 3h. CL LL 4. Other RFP Provide the following information: Question Question a. Your firewall and intrusion protections. 2 4a. Response 4a. Question b. Your user authentication process. 4 b. Response 4 b. 91 9 Question c. Your network access policy/approach as it relates to a secure environment. 91 4c. Response y 4c. Question d. Your network integration abilities. LO 4d. Response 4d. CL LL Question e. Is your platform a single database or multiple? 4e. Response 4e. Question 4f. f. Do your networks have scalabilit to meet increases in demand? 0 Response 4f. Question g. How many years of historical data can be kept? Is there a mechanism to 2 a 4g. archive/purge this information per regulatory guidelines? Response 4 . Question 4h h. What operating systems and browsers are supported? Response 4h. 34 0 0 Packet Pg. 688 F.19.a U) 0 1. Plan Eliclibility and Organization Support Structure Requirements RFP Describe in detail your ability to supply or support the following: Question Question a. Please detail your company's ownership and organizational. 1a. Response la. RFP Describe in detail how you support roles based security: Question Question b. HR administrator filtering, including: 1 b. • View only versus change capabilities by HR role • Ability to set HR access rights down to field level(i.e., ability to hide fields such as compensation from certain HR users) • Ability for HR administrator security rights to roll down to reporting Response 1 b. 2 2. Client Specific Benefit Plans RFP Describe in detail how you can support benefit plans outlined on the County's Question website. Indicate if you can OR cannot support questions 1, 2, 3,4 and 5 of this section. For items you cannot support, describe what the work around would be. Question a. Enrollment in each benefit plan type 2a. L- 91 Response 91 2a. Question b. Benefit plan rules and rate calculations requirements N 2 b. > Response 2 b. ec Question c. Employee and dependent eligibility rules 2c. Response LL 2c. Question d. Default coverages including credits for employees and spouses that opt out 2d. of a medical plan. Response 2d. Question e. Your best practice for tracking proof of coverage for ABC. 2e. U) Response 2e. 3. Wellness Discounts Current • Employees must meet the wellness plan requirements in 2020 in order to Processes receive a premium credit in 2021. • The credit is reflected in a lower medical insurance premium rate for the year. 35 Packet Pg. 689 F.19.a U) • At the end of the year, HR provides vendor with a list of employees that qualify for the wellness discounted rate for the upcoming year. • New hires receive the wellness discounted rates for the current year. A RFP Describe in detail the following: Question Question a. How you can support the processes outlined above? 3a. Response 3a. 4. Aged Based Events Current • VENDOR identifies dependents reaching the limiting age of 26 and sends a Processes notification to the business unit HR. Florida recognizes student dependents up to age 30. LL • VENDOR processes all coverage vendors. • Beginning at age 70 life insurance benefits reduce to 67%and further reduce to 50%at age 75 without any notification to the employee. RFP Describe in detail the following: Question Question a. How you can support the processes outlined above? 4a. Response 4a. > 5. Life and AD&D Insurance Evidence of Insurability(EOI)Processes CL Current • EOI is required for optional life or spouse when the employee chooses more CL Processes than the guaranteed issue or does not enroll within 31 days of employment. • The current vendor is Minnesota Life. cy • VENDOR sends a file to Minnesota notifying them of any employees that > requested coverage requiring EOI. • Minnesota sends employees an email with a link to their website where EOI ec information is entered electronically • Minnesota sends file to County with EOI status update-approved/denied. • Elections that require EOI are pended in the enrollment system. LL • If EOI approved, an updated confirmation statement is available online. • County updates then sends updated payroll deductions in the next file feed to payroll. RFP Describe in detail the following: Question Question a System capabilities to support client's evidence of insurability processes for life 5a. and disability insurance, including quality controls in place to ensure elected U) but not approved amounts are not sent on payroll deduction files. Response 5a. Question Io. System capabilities to support variation in Supplemental Life Insurance EOI 5b. rules based on enrollment events (open enrollment versus new hire enrollments versus late entrants). 36 Packet Pg. 690 F.19.a U) Response 5 b. Question :. Your experience with and capabilities regarding web services for completion of 5c. evidence of insurability (EOI) forms or auto underwriting via carrier systems, including list of all carriers you currently integrate with. Response 5c. U) 4- Current Florida Blue's benefit plans are self-billed;Vendor creates system generated self- Processes bills for payment from County and financial reporting to support self-bill IL LL calculations. RFP Describe in detail your ability to support Client's carrier billing, including: Question Question 1a. a. Reporting to support creation of carrier self-bills. U) Response > la. Question 1 b. b. System configuration and display on the carrier bills for retroactive activity and carrier wash rules. @ Response 1 b. L_ CL Question 1c. c. Please identify any variances from your standard billing reports to the current billing report in Appendix 7. Response C14 1 c. 1. Im lementation Go Live Roll Out CD CD RFP Describe in detail the following: Question IL Question 1a. a. Your standard implementation timeline. LL Response la. Question 1 b. b. Your ability to support a go live prior to open enrollment (for current year new hire and life event election vendors) Response 1 b. 2 Question 1c. c. System testing process, including internal & client testing. Include details regarding all applicable environments (development, Q/A testing to production), how configurations and data vendors are migrated from one environment to another during implementation/ongoing). Response 1 c. 37 Packet Pg. 691 F.19.a U) C Question 1d. d. Internal quality control procedures in place to audit and review all implementation related tasks, including system configuration (i.e., how do you check your own work against client's business rules and how do you monitor 2 vendors to requirements documentation). Response 1d. 2. Service Model U) RFP Describe your ongoing client support processes including: Question Question 2a. a. Team structure: • Are the implementation and ongoing support teams the same? • If not the same teams, describe the client transition process from implementation to ongoing support teams. CL • What is the ongoing involvement of the salesperson? Response C 2a. Question 2b. b. Location and hours the client services account management team is available 2 for HR administrators (specify time zone). Response 2 b. Question 2c. c. Implementation &ongoing training processes and documentation, including: 0 • Frequency • Forum (webinars vs. face to face, HR administrator self-service training) • HR administrator manuals standard vs. custom CL Response 2c. Question 2d. d. Ongoing client stewardship process- Include details on: > • How you monitor ongoing client satisfaction" • How frequently you review client satisfaction with clients? LO • Ongoing stewardship reports&stewardship analytics • Ability to show trends and/or areas that need improvement CL Response LL 2d. Question 2e. e. How do you insure quality, what metrics do you record,what are your internal SLA's (service level activities)? Response 2e. Question 2f. f. Please describe how you manage and monitor your implementation and ongoing service capacity levels. U) Response 2f. U) 4- 0 C 0 Co 38 0 0 Packet Pg. 692 F.19.a U) 1/. Experience with the County's Payroll System—ongoing census updates to enrollment system 2 Current County HR administrators send weekly demographic updates (i.e. new hires, Processes terms and address changes)from their various payroll systems to the enrollment system. RFP Describe in detail the following: Question Question 1a. a. Your specific experience and ability to receive weekly changes only with a 14- day look back demographic file updates generated from the payroll system. Response la. Question 1 b. b. Please provide your required data file format.Are you flexible? IL Response 1 b. Question 1c. c. Ability and process for emergency add-ons (in order for employees and/or dependents to access coverage immediately). 2 Response 1 c. Question 1d. d. The County's ability to manually update demographics (salaries, dates of employment, gender, etc.) in enrollment system outside of the ongoing demographic file imports. Response > 1d. Question le. e. HR workflow related to the ongoing census import process: 91 • What is the error process—what ensures bad data not loaded into either system? `1 • Where do the files get posted/delivered? > Response 1 e. ec 2. Experience with The County's Payroll System -Payroll Deduction File Current The payroll cycle is bi-weekly. However,it is staggered across the different offices Processes so essentially payroll is running weekly. IL LL RFP Describe in detail the following: Question Question 2a. a. Your specific experience and ability to create ongoing payroll deduction files for import into the County's ADP payroll system. Include details on delivery (i.e., send to client versus client running/downloading within enrollment system). Response 2 2a. Question 2b. b. HR workflow related to the payroll deduction file process: • Will HR administrators be able to and/or required to proof the new deduction file before a production version is created? U) • What is the error process—what ensures bad data not loaded into either system? • Where do the files get posted/delivered? 39 0 Packet Pg. 693 F.19.a U) Response 2 b. M 3. Data to Carriers 2 RFP Describe in detail your carrier data processes including but not limited to: Question Question 3a. a. EDI protocols—initial testing processes Response 3a. Question 3b. b. Confirmation that file has been 1 sent; 2 received; 3 loaded Response 3 b. Question 3c. c. Ability for HR administrators to view files and/or file status online Response 3c. LL Question 3d. d. Confirmation that errors have been identified and addressed (i.e., your involvement in working the carrier discrepancy reports). Response 3d. 2 Question 3e. e. Provide information related to your experience interfacing with County's carriers listed on the Coun 's website. > Response 3e. 4. Data Cleansin —Initial and Ongoing Processes RFP Describe in detail the following: Questions 91 91 Question 4a. a. Your best practices and processes to populate your eligibility and enrollment system with current clean election data. Are you willing to receive and compare data from carriers to clients' system data? y Response 4a. LO Question 4b. b. Your best practices to make sure that your data, the client data and carrier data are all in-synch on an ongoing basis. Response LL 4 b. RFP Describe in detail the following: Question Question la. a. Initial set up and ongoing maintenance of your online benefits library Response la. Question 1 c. b. Any automated email or alert notification capabilities 2 ° Response 1 c. Question 1d. c. Tablet or phone app capabilities Response 1d. U) 40 Packet Pg. 694 F.19.a U) C RFP Describe in detail your reporting capabilities: Question Question 1a. a. Include standard reports, ad hoc reporting tools and capabilities. 2 Response la. Question 1 b. b. Is reporting data real time? If not how old? Response 1 b. C as 1. S stem Platforms leased or proprietary) Question 1 a. Describe all of your platform options and which one you recommend for this client. Include the following information: CL • Is platform proprietary or leased? LL • If proprietary, indicate the first year it was in live operation • If leased, please indicate the original contract date and when the contract C renews Response 2 la. 2. S stem Relationships Question 2a. Indicate the systems relationships between your eligibility and enrollment system, our billing system and reporting system i e., are systems integrated in one Y 9 Y p 9 Y ��� Y 9' database or are there file feeds between each). Response 2a. CL CL cv era CL 0 . 2 U) 4- 0 C 0 CO 41 0 0 Packet Pg. 695 F.19.a U) 0 ATTACHMENT F a Price Proposal Set-up/Implementation Fees 4- 0 r_ Items) Price Quantity Unit Cost Service Detail Total 0 Q. Ongoing Fixed Fees 0 2 Items) Price Quantity Unit Cost Service Detail Annual Total y 0 0 L_ CL Annual Maintenance CL Fees cv Items) Price Quantity Unit Cost Service Detail Annual Total LO Total Fees(Year 1-3) Total Fees(Year 4-5) . 2 U) 4- 0 42 Packet Pg. 696 F.19.a U) ATTACHMENT G NON-COLLUSION AFFIDAVIT ° I, of the city of according to law on my oath,and under penalty of perjury, depose and say that: U) 4- 1 1 am of the firm of 0 the respondent making the Proposal for the project described in the Notice for IL Calling for bids for: LL and that I executed the said proposal with full authority to do so: 1. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to y any matter relating to such prices with any other respondent or with any competitor- 0 2. Unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the respondent and will not knowingly be disclosed by y the respondent prior to bid opening, directly or indirectly, to any other respondent or to any competitor; and 91 91 3. No attempt has been made or will be made by the respondent to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of > restricting competition; and It- era 4. 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. IL LL (Signature of Respondent) (Date) STATE OF: COUNTY OF: 2 ° PERSONALLY APPEARED BEFORE ME,the undersigned authority, who, after first being sworn by me, (name of individual signing)affixed his/her signature in the space provided above on this_day of ,20_ U) 4- NOTARY PUBLIC My Commission Expires: 43 Packet Pg. 697 F.19.a U) 0 ATTACHMENT H DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: U) 4- (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. IL LL 2. Informs employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for A 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 I- CL by the terms of the statement and will notify the employer of any conviction of,or plea of guilty CL 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 cy later than five(5)days after such conviction. > M It- 5. Imposes a sanction on,or require the satisfactory participation in a drug abuse assistance eO or rehabilitation program if such is available in the employee's community, or any employee It- who is so convicted. IL LL 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. STATE OF A . (Signature of Respondent) COUNTY OF Date PERSONALLY APPEARED BEFORE ME,the undersigned authority, 44 Packet Pg. 698 F.19.a U) who, after first being sworn by me, (name of individual signing)affixed his/her signature in the space provided above on this 2 day of 200_. My commission expires: NOTARY PUBLIC Attachment I Your Company's Organizational Chart 0 4- IL 0 I- CL CL cv era It- It- IL CD 2 U) 4- 45 Packet Pg. 699