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Item C17 C.17 BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers,District 3 IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2 �p.° Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting January 22, 2020 Agenda Item Number: C.17 Agenda Item Summary #6422 BULK ITEM: Yes DEPARTMENT: Employee Services TIME APPROXIMATE: STAFF CONTACT: Natalie Maddox (305) 292-4450 No AGENDA ITEM WORDING: Approval to advertise a Request for Proposals for Pharmacy Benefit Management (PBM) administrative services and Medicare Employer Group Administrative Services with supplemental wrap-around benefits (EGWP/WRAP ASO). ITEM BACKGROUND: Approval to advertise an RFP for Pharmacy Benefit Management (PBM) administrative services and Medicare Employer Group Administrative Services with supplemental wrap-around benefits (EGWP/WRAP ASO). These services were most recently bid in 2017. To ensure that Monroe County is getting optimal discounts and rebates under our pharmacy program while providing excellent claims and administrative service to our members, the Employee Services/Benefits department wishes to issue this RFP at this time. The current agreement with EnvisionRX expires on 12/31/2020. The County would contract with a provider and implement corresponding changes throughout calendar-year 2020, and any new pharmacy benefit plan would become effective January 1, 2021. PREVIOUS RELEVANT BOCC ACTION: • 2011 RFP done for Medical Plan Administration (Self-Funded or Fully Funded), Pharmacy Benefit Management, Wellness Programs and Stop Loss Insurance • 2011 as a result of the RFP, Envision RX was selected as our new PBM. Monroe County entered into a three(3) year initial contract. • 2014 BOCC waived the RFP and an amendment was made to the Envision RX contract to extend it for another three (3)years. Current contract with Envision RX will terminate December 31, 2017. • 2017 BOCC approved and advertised for PBM Services. • 2017 as result of the RFP, Envision Rx was selected as PBM. Monroe County entered into a three (3)year contract PBM and three(3) year Medicare Employer Group Administrative Services with supplemental wrap-around benefits (EGWP/WRAP ASO). Expires December 31, 2020. CONTRACT/AGREEMENT CHANGES: Packet Pg. 346 C.17 n/a STAFF RECOMMENDATION: Approval. DOCUMENTATION: DRAFT Pharmacy Benefit Adminitration and Claims RFP 1 8 20 v2 DRAFT Pharmacy Benefit Administration and Claims RFP Exhibits 1 - 14 1 8 20 v2 Rx Cliams 3year 1 8 20 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: Additional Details: 04/12/17 502-08001 - GROUP INS ADMIN $25,000.00 HCA service fee REVIEWED BY: Cynthia Hall Completed 12/27/2019 10:52 AM Natalie Maddox Completed 12/27/2019 10:55 AM Bryan Cook Completed 12/27/2019 10:56 AM Assistant County Administrator Christine Hurley Completed 12/27/2019 11:15 AM Budget and Finance Completed 12/30/2019 8:11 AM Maria Slavik Completed 12/30/2019 8:14 AM Kathy Peters Completed 12/30/2019 9:14 AM Board of County Commissioners Completed 01/22/2020 9:00 AM Packet Pg. 347 C.17.a MONROE COUNTY REQUEST FOR PROPOSALS 4- FOR PHARMACY BENEFITS MANAGER E RFP # ????????????? L 0 j�ed l 0 �o ff 00 LL U) BOARD OF COUNTY COMMISSIONERS E Mayor Heather Carruthers, District 3 Mayor Pro Tem, Michelle Coldiron, District 2 Craig Cates, District 1 David Rice, District 4 Sylvia Murphy, District 5 4- CLERK OF THE CIRCUIT COURT EMPLOYEE SERVICES KEVIN MADOK BRYAN COOK, DIRECTOR DEADLINE FOR PROPOSALS: April 2, 2020 3:00 P.M. 1 Packet Pg. 348 C.17.a NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS 4- NOTICE IS HEREBY GIVEN that on Thursday, April 2, 2020, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses E- for the following- 0 a. (PBM) PHARMACY BENEFITS MANAGEMENT MONROE COUNTY, FLORIDA Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from DemandStar at OR www.monroecounlybids.com. The Public Record is available at the Monroe County Purchasing Office located in the Gato Building, 1100 Simonton Street, Room 2-213, Key West, Florida. 00 All responses must be sealed and must be submitted to the Monroe County U) Purchasing Office. Publication Dates: ° The Citizen: Sat., 01/25/20 Keys Weekly: Thur., 01/30/20 The News Barometer: Fri., 01/31/20 E 2 Packet Pg. 349 C.17.a TABLE OF CONTENTS The excel spreadsheets are listed as follows: a. Exhibit I - Background and Timeline b. Exhibit II - Questionnaire contains: General Information E Account Management IL Member Services 0. iv) Clinical Management v) Retail Network vli) Mail Order vlili) Specialty Pharmacy Systems & Technology 0 Implementation Audit Attachments N 00 c. Exhibit III - References d. Exhibit IV - Formulary Disruption U) e. Exhibit V - Network Disruption E f. Exhibit VI - Open Responses g. Exhibit VII - Financial h. Exhibit VIII - General i. Exhibit IX - Pricing Model (Retail / Mail) j. Exhibit X - Formulary Rebates / Other k. Exhibit XI - Financial Offer (Retail / Mail) I. Exhibit XII - Financial Offer (Specialty) m. Exhibit XIII - Performance Guarantees E n. Exhibit XIV - Administrative & Ancillary Fees o. Exhibit XV — Current Census p. Exhibit XVI — Pharmacy Spend (latest three years) q. Exhibit XVII — Latest 12-Months Claims with NDCs 3 Packet Pg. 350 C.17.a Request for Proposal for Pharmacy Benefits Manager 4- 1. Introduction: Monroe County Board of County Commissioners (MCBOCC) is requesting sealed proposals for an outsourcing solution partner to provide pharmacy benefit services for the County's approximate 1,600 benefit eligible employees (of which approximately 200 are retirees). Currently, EnvisionRx provides PBM services. a. The Agreement resulting from this RFP will be for an initial term of 3 years and may be extended for another three-year term upon the completion of the initial term (subject to agreement of each party). 0 • The intent of this RFP to have PBM services fully operational and effective for the 1/1/2021 Plan year. 0 • To be eligible to propose, Proposer must have a minimum of at least 5 years' experience providing PBM services to governmental clients. • MCBOCC has retained Gallagher Pharmacy Services as the Consultant to 00 review and evaluate all proposals received for this project. Further details/requirements are outlined in the sections below. U) a� 2. Addenda /Updates: Any and all addenda will be added to the RFP posting on the MCBOCC web site at: www.monroecounty-fl. ov/current-Agreement®bid®and-rfi-or)r)ortunities no later than March 13, 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. ov/current-Agreement®bid®and®rfi-or)r)ortunities to ensure they have not missed any updates. Vendors will be presumed to have reviewed any addenda. 3. Backaround: IL A. Description: MCBOCC is headquartered in Key West, Florida with area offices in the middle and upper Keys. The majority of the County's employees and their families stretch from Key Largo south to Key West. The approximately 1 ,400 active employees consist of County staff, plus several of the Constitutional Officers such as the County Clerk, the Sheriff's Office and the Tax Collector. 4 Packet Pg. 351 C.17.a B. Current Benefits: 1. The overall 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 all employees of the County. 2 County Staff administer eligibility for MCBOCC. MCBOCC has a centralized HRIS system, but works within various different payroll systems used by each of the Constitutional Officers. IL a Eligibility and enrollment updates - The current system provides automated carrier feeds —full population, weekly. The PBM vendor must be able to receive and manage these weekly eligibility feeds. 0 4. Florida Blue is the current carrier for medical coverage — the County sends a feed to them for medical enrollments and contributions on a weekly basis. It will be incumbent upon the selected PBM vendor to accurately exchange accumulator information with Florida Blue or any future Carrier at no additional cost to MCBOCC. > 00 5. EnvisionRx currently provides pharmacy Benefits. EnvisionRx is aware of this RFP and encouraged to participate along with the current medical carrier. U) a� 6. The MCBOCC offers only one Rx Plan across all benefit options plus an EGHWP program for retirees. 7. Benefit plans are effective January 1st— open enrollment occurs mid- October to mid-November in the prior year. 8. Descriptions of the County's benefit plans are available on the County's website at: https://www.monroecounty-fl.�ov/88/Err7oloyee-Servioes 4. Instructions for Proposal a. Compliance with the RFP Proposals must be in strict compliance with this Request for Proposals. Failure to comply with all provisions of the RFP may result in disqualification. b. Required Forms Vendor must complete and submit Attachment A (Certification Regarding Debarment or Suspension), Attachment B (Condition of Submitting Proposal), Attachment D (Non-Collusion Form), and Attachment E (Drug Free Workplace Form) with the Proposal. 5 Packet Pg. 352 C.17.a 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 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. d. Delivery of Proposals All proposals are to be delivered by mail, overnight mail, or in-person CIL delivery before 3:00 EST on April 2, 2020 to: a. Monroe County Purchasing Department 1100 Simonton Street, Suite 2-213 Key West, FL. 33040 0 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. N N i. Proposers must submit one (1) original, and eight (8) exact duplicate, 00 numbered copies of the proposal and one (1) un-locked electronic copy of the complete proposal, including all required attachments and required exhibits, on a standard USB flash drive. It is not necessary to submit each U) proposal in a separate envelope. �s ii. All proposals must be submitted in a sealed envelope or box. On the outside, list the RFP Number on the outside of the box or envelope, the name of the Proposer, and note, "RFP ???????? enclosed". iii. 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 RFP terms 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 Agreement. No additional allowance will be made due to lack of knowledge of these conditions. iv. Proposals will be opened publicly in a manner to avoid public disclosure of contents; only names of the Proposers will be read aloud. v. 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 evaluation committee. Failure to comply with this requirement may be grounds for disqualification. Specifically, this NO-CONTACT PERIOD 6 Packet Pg. 353 C.17.a shall commence on the initial date of posting of the Request for Proposals and continue through and include the date the MCBOCC's makes its determination to approve or reject the final recommendations. e. Inquiries: All questions concerning this RFP must be submitted by no later than 3.00 EST on February 28, 2020. Direct all questions via email to: maddox® natalie(cDmonroecount Include the RFP number, page, and paragraph number for each question. The only official answer to questions submitted will be provided in writing by the County and posted as an Addendum to this RFP. a. f. Source Selection and Agreement 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 12). MCBOCC will not use any other factors or criteria, other than 0 those listed in section 12, in the evaluation of proposals received. 0 MCBOCC reserves the right to negotiate price and Agreement terms and conditions with the most qualified firm(s) to provide the requested service. If a mutually beneficial agreement with the highest ranked firm is not reached, MCBOCC reserves the right to enter into Agreement negotiations with the next highest ranked firm and continue this process until an 00 agreement is reached. An award of Agreement does not guarantee any volume or dollar U) amount of purchase. a� �s MCBOCC reserves the right to extend the terms, conditions, and prices of Agreement(s) awarded from this RFP to other Institutions (such as State, Local and/or public entities) who express an interest in participating in any Agreement that results from this RFP. Each of the piggyback institutions will issue their own purchasing documents for purchasing of 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. g. Proiected Timetable The following projected timetable should be used as a working guide for planning purposes. MCBOCC reserves the right to adjust this timetable as required during the course of the RFP process. Event RFP Issued January 25, 2020 Deadline for submittal of questions February 28 by 3:OOpm Deadline for issuance of Addenda March 13 by 3:OOpm Proposals Due April 2 by 3.00 pm 7 Packet Pg. 354 C.17.a C 5. The Proposer must agree: 1. That in no case may Services be offered except by persons and firms authorized and duly licensed as required by federal, state and/or local laws or regulations. The Proposer(s) must provide evidence of a license to do business in the State of Florida, and all other licenses and certifications as may be necessary to provide the Services requested. 2. To provide these Services at a cost most advantageous to the MCBOCC. a. 3. To review and advise the MCBOCC on the prescription drug pharmacy network Services policy, Plan documents and/or certificates of coverage. The selected Proposer(s) will be responsible for advising the MCBOCC of all operational changes, industry-specific litigation, industry-specific practices or pending legislative changes that may affect coverage provided under the Services during the term of the Agreements. 0 4. To provide any information that is necessary for the effective provision of the Services, including legal and administrative advice and assistance as needed. > 00 5. To perform any and all functions necessary to ensure financial control and accuracy of services provided to members, including services provided by the retail network pharmacies and the mail order U) pharmacy. If the MCBOCC determines that the Services have been provided to an individual or individuals ineligible for Services, or that a prescription has been filled for a drug or supply, which is excluded from coverage, the selected Proposer(s) must reimburse the MCBOCC for claims paid in error whether or not the selected Proposer(s) has recovered from the claimant. a 6. To provide eligible Members with prescription drug mail order program Services in accordance with the terms of the applicable Benefit Plans. 7. At the option of the MCBOCC provide higher fill-limits at certain retail dispensing locations. For example, "90-days at retail" where the PBM has negotiated better pricing, consistent with mail order pricing, at the given retail location. 8. To provide each MCBOCC, via secure electronic transmission, a monthly report of prescriptions filled with data sufficient to allow analysis and audit. If an MCBOCC determines that a prescription has been filled 0 for an individual or individuals ineligible for benefits or that a prescription has been filled for a drug or supply, which is excluded from coverage, 8 Packet Pg. 355 C.17.a the selected Proposer must reimburse the MCBOCC for benefits paid in error whether or not the selected Proposer has recovered from the claimant. 9. To maintain confidentiality of the MCBOCC's employee records and any other information deemed proprietary or confidential by law. The Benefit Staff or its delegate will provide weekly, bi- monthly and or monthly census information of Members. This information must be used to determine eligibility for Services. While in the possession of the selected Respondent(s), these records remain the property of the MCBOCC and must be returned upon completion or termination of the Agreement with the a. MCBOCC or upon request by the MCBOCC. While in use by the selected Respondent, the confidentiality of these records must be maintained in accordance with all applicable laws and regulations and applicable MCBOCC policies. This confidential information must not be used by the selected Proposer for other than the purposes specified in any Agreements between the MCBOCC and the selected Respondent. Any data provided by the MCBOCC to the selected Proposer may not be sold, marketed, furnished or otherwise made available to any person or entity for any purpose. Any data provided to any person or entity regarding dispensing > activity must be approved by the MCBOCC prior to its release. 00 The selected Proposer must disclose the data transmission record, the frequency of reporting and the nature of the financial relationship between the Proposer and the receiving party. U) 10. All records are the property of the MCBOCC and must be returned to the MCBOCC upon the completion or termination of the Agreement with the MCBOCC. CU C 11.To permit a periodic audit of the Services it performed for the program by the MCBOCC's staff or the MCBOCC's appointed auditors. 12.To promptly rectify errors and resolve disputes in a manner satisfactory to the MCBOCC. C 13.To work cooperatively and in good faith with the MCBOCC to assure that all Services are rendered in a prompt and accurate manner to all members. IL 14.To meet with MCBOCC representatives whenever necessary to promptly resolve any problems which occur related to the administration of the Agreement. C 0 15.To complete the Proposer's Disclosure Forms or Affidavits as may be required by the MCBOCC as set forth in this RFP. 9 Packet Pg. 356 C.17.a C 16.To develop participant communication brochures, pamphlets and materials, subject to the approval of the MCBOCC, which the MCBOCC considers necessary to communicate the Services. The development, production and distribution of materials must be at no cost to the MCBOCC. No Agreement provision, correspondence to the MCBOCC or other document will limit Proposer's responsibility for the accuracy and completeness of these materials or for compliance with all laws, statutes and ordinances. CL 17.To use standardized data file formats and data transmission methods as may be required for the administration of the Services subject to the MCBOCC's approval. A 18.To undertake all other necessary tasks to properly administer the Services for the Members, including but not limited to, determining Subscriber eligibility for Services in accordance with the MCBOCC provided eligibility information at the point of sale; sending communication materials on an as needed basis; responding to telephone and written or electronically submitted inquiries; instructing Members as to the appropriate and cost effective use of Prescription Drug Benefits and Services; reimbursing Members for out-of-network > services pursuant to the applicable Benefit Plan. 00 Ir- 19.To provide, at no cost to the MCBOCC, training materials and on-site a. training sessions necessary for the implementation of services. U) 20.To participate in open-enrollment meetings on an as needed basis. C 21.To provide required notifications to Members in a timely manner. M Required notifications include among other items, changes in formulary drugs, changes in specialty drugs, changes in program requirements related to dispensing activities that would change the members' co-payment or days' supply provided per prescription. 22.To provide Members and the MCBOCC with prompt, accurate and courteous service. The Proposer must agree to make accurate and timely determinations of eligibility for participation in the Services in accordance with eligibility information provided by the MCBOCC. Timely service specifically includes prompt issuance of identification cards if required by the MCBOCC; prompt recording of overrides requested by the MCBOCC; and immediate eligibility update requests. 23.To provide the MCBOCC with periodic billing, no less frequently than monthly, for the medication furnished during the billing period. If the C PBM has a standard file layout which includes the below listed information at a minimum, provide the standard file layout. 10 Packet Pg. 357 C.17.a 24. If directed by the MCBOCC, to encourage the filling of maintenance drugs through the prescription drug mail order program and to inform Members of the advantages of refilling existing maintenance drug prescriptions through the prescription drug mail order program. 4- 0 25.To maintain a cumulative record of the medications and or supplies prescribed for each Member. The selected Proposer must monitor drug interactions for Members and, if a potential drug interaction might occur, must require that a dispensing pharmacy contact the prescribing physician for clarification of the prescription prior to the dispensing of the medication. a. 26.To participate in a data exchange with medical Plan administrators or other vendor selected by the MCBOCC for purposes of Plan analysis to the extent permitted by law if directed by the MCBOCC. 27.To provide management information reports as requested by the MCBOCC. Section I Interrogatives, Monitoring and Reporting, outlines minimum reporting criteria. The MCBOCC reserve the right to make changes in the content and frequency of reporting requirements. The Proposer must provide reports as requested to assist the MCBOCC in their collective bargaining activities. > 00 28.To ensure that any Participating Providers are appropriately licensed, insured and of high quality and meet all other requirements specified by the Respondent(s). U) 29.To negotiate terms and conditions of the initial Agreement with the MCBOCC on a timely basis. M 30.To provide a proposal for an initial Agreement term of at least 3 years from the date of award. a 31.To provide that the MCBOCC may renegotiate the Agreement for one additional 3-year term beyond the original term agreed to by the MCBOCC and the selected Respondent. 32.To undertake all other necessary tasks to properly administer the prescription drug pharmacy network Services, the prescription drug mail order program Services or the integrated program as required by the MCBOCC. 33.To cooperate fully and take all actions necessary to smoothly transfer this function in the event that another company is selected to provide these Service(s) to the MCBOCC following the expiration or C termination of the Agreement. 11 Packet Pg. 358 C.17.a 34.To agree that any Agreement may be terminated at any time without cause by the MCBOCC or for cause as set forth in the Agreement with the MCBOCC. 35.To provide telephone (advisory) service about prescription Services for all Members, 24 hours per day, 7 days per week. 36.To provide specified Services without regard to any waiting period, other than those related to quantity, fill and dosing requirements. E 37.To provide specified Services without regard to any pre-existing condition limitations unless such limitations exist in the applicable Benefit Plan. a. 38.To provide a sufficient number of pharmacies in close proximity to the residences of covered Members that are open and available to dispense medications from 8.00 a.m. to 9.00 p.m. 7 days per week. The MCBOCC reserve the right to determine sufficiency of access. 39.To provide a sufficient number of pharmacies within 10 miles of the residences of covered Members that are open and available to dispense medications 24 hours a day, 7 days per week including holidays. The MCBOCC reserve the right to determine sufficiency of > access. 00 40.To provide emergency contact information for key managers responsible for the MCBOCC's account. Such key managers must include both operational and account management staff who are of E sufficient authority within the organization as to be capable of and in a position to resolve emergency situations. 41.To pay paper claims submitted for pharmaceutical drugs obtained outside the pharmacy drug network program. Claims will be submitted using Respondent's standard claim form. 42.To provide written representation and warranty that all Participating Providers, pharmacists, pharmacies and Respondent's own professional staff have met the Respondent's credentialing criteria, licensing and/or certification and insurance requirements. 43.To regularly negotiate with pharmacy companies and drug manufacturers to ensure that the expected total cost to the MCBOCC and expected fees for the Services are as low as possible. Consistent with the volume of prescriptions purchased by the MCBOCC, the Proposer must advise the MCBOCC as to the continued competitiveness of the price it is paying for drugs and Services. 44.To conduct drug utilization reviews, retrospectively, concurrently and 12 Packet Pg. 359 C.17.a prospectively. 45.To retain all records directly or indirectly, related to its performance of Services during the term of any Agreements and for a period of 7 years after termination or expiration of any Agreement or until all pending disputes are resolved. The MCBOCC have the right to review, abstract, audit and copy all records and account of the selected Proposer directly or indirectly related to any Agreements. E 46.To permit enrollment information to be entered in two different ways: (a) the MCBOCC will provide eligibility information only via an eligibility data file; (b) or for the eligibility to be entered directly online via a portal a. into the pharmacy benefit manager's system. A 47. In the event of class action lawsuits against members of the pharmaceutical related industries, such as pharmaceutical manufacturers, retailers AWP publishers, etc., upon request of the MCBOCC, to advise the MCBOCC regarding the class action and to consider assisting the MCBOCC in such lawsuits. 6. Evaluation of Proposals (Process) vi. MCBOCC will first examine proposals to reject those that are clearly non- > responsive to the stated requirements. Proposers who are determined to 00 be non-responsive will be notified of this determination. vii. An Evaluation Committee appointed by the MCBOCC Director of Employee Services and will evaluate the proposals. The Committee will U) 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 Vendors whose proposals are determined to be a competitive vendor. viii. The evaluation process that follows the initial scoring may include, but not be limited to, a series of requests to Vendors for clarifications, presentations, agreement negotiations and/or detailed reference checks. This process may involve multiple short listing rounds for the purpose of achieving Agreements that are 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 proposers. ix. 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. X. 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. xi. The Director of Purchasing reserves the right to waive minor irregularities 13 Packet Pg. 360 C.17.a in proposals, provided that such action is in the best interest of MCBOCC. Any such waiver shall not modify any remaining RFP requirements or excuse the Vendor from full compliance with the RFP specifications and other Agreement requirements if the Vendor is awarded the Agreement. 4- 7. 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 to the RFP. Failure of the proposer to notify MCBOCC of any ambiguities, conflicts, discrepancies, omissions, or other errors in the RFP, prior to submitting the proposal, shall be a waiver of the same and render them not subject to later protest by the proposer. 8. Proposals and Presentation Costs 0 MCBOCC will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions or negotiations. 9. Acceptance and Rejection of Proposals 00 Ir- MCBOCC is under no obligation to accept any Proposal and reserves the a. right to accept or reject, in whole or in part, any or all proposals submitted. U) 10. Validity of Proposals �s All proposals must be valid for a period of ninety (90) days from the proposal due date. 11.Protests a (Monroe County Purchasing Policy): Any Proposer who claims to be adversely affected by the decision or intended decision to award an Agreement shall submit in writing a notice of protest which must be received by the County within seventy-two (72) hours or three (3) business days, whichever is 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 Agreement, unless it is determined that it is in the best interest of the County to do so. A formal written protest may be submitted in writing and must be received by the 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 Agreement 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 Agreement is heard. In accordance with the Rules of Debate as set forth in the MCBOC Administrative Procedures, the Proposer that filed the protest is responsible for providing the Clerk with its name and residence prior to the agenda 14 Packet Pg. 361 C.17.a item to award the Agreement 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 MCBOCC decision to award the Agreement is fine and at its sole discretion. 12. Evaluation Criteria a. Response Format E 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 clearly labeled, with pages numbered. Failure of a proposer to include all listed items may result in the rejection of the Proposal. 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 M the County. 0 Account Management: Total points available for this criterion = 15 N Member Services: N 00 Total points available for this criterion = 10 Clinical Management: U) Total points available for this criterion = 10 �s Retail Network: Total points available for this criterion = 10 Mail Order: Total points available for this criterion = 5 4- Specialty Pharmacy: Total points available for this criterion = 10 E Systems & Technology: Total points available for this criterion = 5 Implementation: Total points available for this criterion = 5 15 Packet Pg. 362 C.17.a C Audit: 4- 0 C Total points available for this criterion = 10 Financial Offer— Retail & Mail: Total points available for this criterion = 5 0 a. Financial Offer— Specialty: Total points available for this criterion = 15 Finalist Presentations (if applicable, see note below): Note: MCBOCC may or may not elect to have a presentation. This decision will be made by MCBOCC after review of the scores in sections 1 - 11. If there is no clear winner, the highest proposers may be requested to present their proposals at a site to be determined on the MCBOCC located in Key West, FL. 00 U) a� �s C M C a 4- 4) C 4i C 4) 16 Packet Pg. 363 C.17.a ATTACHMENT A Certification Regarding Debarment or Suspension In compliance with Agreements and grants agreements applicable under the U.S. Federal Awards Program, the following certification is required by all Proposers submitting a proposal in response to this Request for Proposal: 1. 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 a. declared ineligible for the award of Agreements from the United States federal government procurement or non-procurement programs, or are listed in the Excluded Parties List System in the System for Award Management (SAM) issued by the General Services Administration. 0 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 a subsidiary, division, or business segment, and similar positions). 3. 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 00 Ir- erroneous when submitted or has become erroneous by reason of other a. circumstances. U) 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 erroneous certification, in addition to other remedies available to MCBOCC's Director of Purchasing may terminate the Agreement resulting from this solicitation for default. Printed Name of Representative: Signature/Date: / Company Name: Address: IL City/State/Zip: LL SSN or EIN No: 17 Packet Pg. 364 C.17.a ATTACHMENT B Condition of Submitting Proposal 4- The undersigned Proposer has carefully examined all instructions, requirements, specifications, terms, and conditions of the RFP and Agreement and certifies- 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 Agreement. 0 4- 2. It has the necessary experience, knowledge, abilities, skills, and resources to a. satisfactorily perform the requirements, specifications, terms, and conditions of the RFP and the Agreement. Further, if awarded, Proposer agrees to perform the requirements, specifications, terms, and conditions of the RFP and Agreement. 3. All statements, information, and representations prepared and submitted in response to the RFP are current, complete, true, and accurate. Proposer acknowledges that Monroe County Board of County Commissioners' (MCBOCC) will rely on such statements, information, and representations in selecting the successful proposer(s). 4. That the prices quoted shall be MCBOCC's pricing for the product and/or services for > the time stated in the RFP. 00 5. It shall be bound by all statements, representations, warranties, and guarantees made in its Proposal. 6. Proposer acknowledges that the Agreement may be canceled at any time, if any E conflict of interest or appearance of a conflict of interest is discovered by MCBOCC, in its sole discretion. 7. All purchase orders must be duly authorized and executed by MCBOCC and subject to the terms and condition of the RFP and Agreement. ❑ By checking this box, Proposer agrees that MCBOCC reserves the right to extend the terms, conditions, and prices of this Agreement to other Institutions (such as State, Local and/or Public MCBOCC) who express an interest in participating in any Agreement 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. VENDOR LEGAL NAME: AUTHORIZED SIGNATURE: DATE: PRINT NAME: TITLE: 18 Packet Pg. 365 C.17.a ADDRESS: CITY, STATE, ZIP: PHONE: EMAIL: 4— E 0 A 0 0 co U) a� �s a 0 19 Packet Pg. 366 C.17.a ATTACHMENT C Agreement Standard Terms & Conditions 4- 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 Agreement will be ordered and supplied on an as needed basis only. Nothing in this Agreement shall be construed as a minimum guarantee of goods to IL be ordered from Proposer. 2. Compensation. 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. 0 Proposer 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. 00 MCBOCC may request additional documentation or explanation regarding services at any time and Proposer shall respond to such requests promptly with such additional information as MCBOCC may require. Failure to provide such additional information or U) explain why it cannot be provided within thirty days of receipt of the request from MCBOCC may be cause for termination of this Agreement. 3. Taxes. MCBOCC is exempt from sales and use taxes. Furthermore, Proposer understands that it cannot claim exemption from taxes by virtue of any exemption that is provided to MCBOCC. 4. Warrant a) Proposer 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, Proposer shall, at the sole option of MCBOCC, repair or replace any defective goods, by written notice to the Proposer. 5. License. Proposer 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. 6. Terms of Service. In the event of any conflict between the terms of this Agreement and the Proposer's standard Terms of Service ("TOS"), any terms posted on 20 Packet Pg. 367 C.17.a Proposer's website or application, or any terms for which a user is required to click "accept" on-line in order to log in to Proposer's application, the terms of this Agreement shall control. 7. Coavriaht, Trademark, Service Mark. or Patent Infringement 4- a) Proposer 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 claim that the products or services furnished infringe upon a copyright, Trademark, Service Mark, or patent. Proposer 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 Proposer immediate notice in writing of the existence of such claim and full right and a. opportunity to conduct the defense thereof, together with all available information and reasonable cooperation, assistance and authority to enable Proposer to do so. No costs or expenses shall be incurred for the account of Proposer without its written consent. MCBOCC reserves the right to participate in the defense of any such action. Proposer 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 Agreement are likely to, or do become, the subject of such a claim of infringement, then without diminishing > CD Proposer's obligation to satisfy the final award, Proposer may at its option and 00 expense: Procure for MCBOCC the right to continue using the products or services,or Replace or modify the alleged infringing products or services with other equally E suitable products or services that are satisfactory to MCBOCC, so that they become non-infringing, or Remove the products or discontinue the services and cancel any future charges pertaining thereto, provided, however, that Proposer will not exercise option Ihs.lilili., until Proposer and MCBOCC have determined that options b.i. and b.ii. are impractical. c) Proposer shall have no liability to MCBOCC, however, if any such infringement or claim thereof is based upon or arises out of: The use of the products or services in combination with apparatus or devices not supplied or else approved by Proposer,or The use of the products or services in a manner for which the products or services were neither designated nor contemplated, or The claimed infringement in which MCBOCC has any director indirect interest by license or otherwise, separate from that granted herein. 8. Termination for Breach. Should Proposer fail to fulfill in a timely and proper manner its obligations under this Agreement or if it should violate any of the terms of this Agreement, MCBOCC shall have the right to immediately terminate the Agreement. Such termination shall not relieve Proposer of any liability to MCBOCC for damages 21 Packet Pg. 368 C.17.a sustained by virtue of any breach by Proposer. Proposer shall be in default hereof if it becomes insolvent, makes an assignment for the benefit of its creditors, a receiver is appointed or a petition in bankruptcy is filed with respect to Proposer and is not dismissed within thirty (30) days. 4- 9. Termination for Funding. Any Agreement 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 Agreement from any source or sources at an aggregate level sufficient to allow for payment for the Work, MCBOCC may exercise one of the following alternatives: (1) terminate this Agreement effective upon a date specified in a Termination Notice; or (2) continue this Agreement by reducing, through written notice to Proposer, the amount of this Agreement and the scope of work, consistent with the nature, amount, and circumstances of the loss of funding. Any termination or reduction of this Agreement pursuant to this subsection shall not affect any obligations or liabilities of either Party accruing prior to such termination or reduction. MCBOCC shall not face any liability or penalty as a result of such termination or > reduction of this Agreement. 0 10. Termination for Convenience. MCBOCC may terminate this Agreement at any time upon thirty (30) days written notice to Proposer. Proposer shall be paid in full for all authorized expenditures and any goods or services satisfactorily provided through the date of termination, but in no case shall MCBOCC be liable to Proposer for compensation for any good or service which has not been rendered. A termination for convenience shall not be a breach of this Agreement by MCBOCC. The final decision > as to the amount, for which MCBOCC shall be liable, shall be determined by MCBOCC. 00 Proposer shall not have any right to any actual general, special, consequential, incidental, or any other damages whatsoever of any description or amount for MCBOCC's exercise of its right to terminate for convenience. U) 11. Compliance with Laws. Proposer agrees to comply with any applicable federal, state and local laws and regulations. 12. Maintenance of Records. Proposer shall maintain documentation for all charges against MCBOCC. The books, records, and documents of Proposer, insofar as they relate to work performed or money received under the Agreement, shall be maintained for a period of five (5) full years from the date of final payment and will be subject to audit, at any reasonable time and upon reasonable notice by MCBOCC or its duly appointed 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 Proposer shall repay the monies together with interest calculated pursuant to F.S. 55.03, running from the date the monies were paid to the Proposer. 13. MCBOCC Property. Any MCBOCC property, including but not limited to books, records and equipment, that is in Proposer's possession shall be maintained by Proposer in good condition and repair, and shall be returned to MCBOCC by Proposer upon termination of the Agreement. All goods, documents, records, and other work product and property produced during the performance of this Agreement are deemed to be MCBOCC property. 22 Packet Pg. 369 C.17.a 14. Partners hin/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 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 terms of this paragraph. 15. Insurance. During the term of this Agreement, Proposer shall maintain comprehensive general liability insurance including cyber, automobile liability insurance, and professional liability and if necessary, commercial umbrella insurance each with limits not less than one million dollars ($1,000,000.00), each occurrence. The MCBOCC shall be included as an additional insured on the comprehensive general liability policy. Commercial general liability shall apply as primary insurance 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 available insurance. Proposer 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 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 Agreement. All certificates of insurance for general, automobile commercial umbrella and cyber liability policies shall name MCBOCC as an additional insured in addition to certificate holder. N Throughout the term of this Agreement, Proposer shall provide an updated 00 certificate of insurance upon expiration of the current certificate. 16. Indemnification and Hold Harmless. Proposer shall indemnify and hold harmless W MCBOCC, its officers, agents and employees from: a� 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 Proposer, its officers, employees and/or agents, including its sub or independent Proposers, in connection with the performance of the Agreement. b) Any claims, damages, penalties, costs and attorney fees arising from any failure of Proposer, its officers, employees and/or agents, including it sub or independent Proposers, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws. c) MCBOCC will not indemnify, defend or hold harmless in any fashion the Proposer from any claims, regardless of any language in any attachment or other document that the Proposer may provide. 17. Attorney Fees. Proposer agrees that, in the event either party deems it necessary to take legal action to enforce any provision of the Agreement, or in the event MCBOCC prevails, Proposer shall pay all expenses of such action including MCBOCC's attorney fees and costs at all stages of the litigation. 18. Assignment—Written Consent Required. The provisions of this Agreement shall inure to the benefit of and shall be binding upon the respective successors and assignees of the parties hereto. Neither this Agreement nor any of the rights and 23 Packet Pg. 370 C.17.a obligations of Proposer here under shall be assigned or transferred in whole or in part without the prior written consent of MCBOCC. Any such assignment or transfer shall not release Proposer from its obligations hereunder. 19. Entire Agreement. This Agreement sets forth the entire agreement between the parties 4- 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 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 a. or dissimilar nature beyond its control. 21. Governina Law/Venue. Florida law shall govern regardless of any language in any attachment or other document that the Proposer may provide. Any action between the parties arising from this agreement shall be maintained in the courts of Monroe County, Florida. 0 22. Modification of Agreement. This Agreement may be modified only by prior written amendment executed by all parties and their signatories hereto. 23. Waiver. No waiver of any provision of this Agreement 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. 00 24. Severability. Should any provision of this Agreement 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 Agreement. U) 25. Privacy. With regard to any reports, studies, or other works developed in the course of this Agreement, or as a result thereof, Proposer 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. Proposer 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 Proposer shall remove MCBOCC's name or information identifying MCBOCC from the publication if MCBOCC requests removal. Proposer shall not issue, publish, or divulge any Materials developed or used in the performance of this Agreement or make any statement to the media relating to this Agreement without the prior consent of MCBOCC. In no event shall the Proposer publish, display, or in any way use the County seal for its commercial purposes (F.S. 165.043). 26. Continaent Fees. Proposer hereby represents that Proposer has not been retained, or retained any persons, to solicit or secure a MCBOCC Government Agreement 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 MCBOCC for the purpose of securing business. Breach of the provisions of this paragraph is, in addition to a breach of this Agreement, a breach of ethical standards which may result in civil or criminal sanction and/or debarment or suspension from being 24 Packet Pg. 371 C.17.a a Proposer or sub-Proposer under MCBOCC Government Agreements. 27. Gratuities and Kickbacks / Ethics Clause. The Proposer 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. 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 Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift or consideration paid to the current or former County officer or employee. a. 28. Ethics/ Conflicts of Interest / Gift Policy. The parties recoanize and aaree that MCBOCC is required to comply with the standards of conduct for public officers and U) employees laid out in the Florida Ethics Code contained in F.S. 112.313 as well as its own Ethics Policy, contained in the Monroe County Personnel Policies & Procedures Manual, reaardina, but not limited to, solicitation or acceptance of gifts, doing business with one's own MCBOCC, unauthorized compensation, misuse of public position, conflicting employment or Aareementual relationship, and disclosure or use of inside 0 information. Amona other things: No MCBOCC emplover, officer or agent may participate in the selection, award, or administration of a Agreement if he or she has a real or apparent conflict of interest. Such a conflict would arise if the employee, officer or agent, or any member of his or her immediate family, receives a tangible personal benefit from a firm that receives or under consideration for a Agreement. The officers, 00 employees and agents of the County may not accept any gift 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 something of value in return for the aift. County employees, officers U) and aaents who violate the State Ethics Code or the MCBOCC ethics policy will be .2 subject to disciplinary actions, up to and includina termination as well as possible criminal prosecution. 29. E-Verify. The Proposer shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eliaibility of all new emplovees hired by the Proposer durina the term of the Aareement and shall expressly reauire any subPr000sers oerformina work or orovidina services pursuant to the Aareement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eliaibility of all new emplovees hired by the subPr000ser durina the Aareement term. 30. Non-Discrimination. It is the policy of the MCBOCC not to discriminate on the basis 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 Agreement, Proposer 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 Agreement programs or activities, on the grounds of handicap and/or disability, age, race, color, religion, sex, national origin, 25 Packet Pg. 372 C.17.a 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, be denied benefits of, or be otherwise subjected to discrimination in the performance of Agreements with MCBOCC or in the employment practices of MCBOCC's Proposers. Accordingly, all Proposers entering into Agreements 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 Proposer will be required to provide assurances that it does not discriminate on the basis of disability in admission to, access to, or operations of its program, services, or activities, including hiring or employment practices. The Proposer 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 with a disability. Florida Public Records Law. Pursuant to F.S. 119.0701, Proposer 0 and its sub Proposers shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. 00 b. Upon request from the public MCBOCC's custodian of public records, provide the public MCBOCC 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 U) cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. E �s 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 Agreement term and following completion of the Agreement if the Proposer does not transfer the records to the public MCBOCC. d. Upon completion of the Agreement, transfer, at no cost, to Monroe County all public records in possession of the Proposer or keep and maintain public records required by the public MCBOCC to perform the service. If the Proposer transfers all public records to the public MCBOCC upon completion of the Agreement, the Proposer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Proposer keeps and maintains public records upon completion of the Agreement, the Proposer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public MCBOCC's custodian of records, in a format that is compatible with the information technology systems of Monroe County. 26 Packet Pg. 373 C.17.a IF THE PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, r I - ri e o ro co y- la ov, c/o Monroe County Attorney's Office, 1111 12t" St., Suite 408, Key West FL 33040. E 32. Effective Date. This Agreement shall not be binding upon the parties until it has been signed first by the Proposer 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 signed and filed, this Agreement 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 Agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a Agreement with a public 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 8 be awarded or perform work as a Proposer, supplier, sub-Proposer, or consultant under an Agreement with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY > TWO ($35,000) for a period of 36 months following the date of being placed on the 00 convicted vendor list. U) a� �s a 4- E 27 Packet Pg. 374 C.17.a ATTACHMENT D 4- NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that: I am of the firm of the respondent making the Proposal for the project described in the Notice for Calling for bids for: a. and that I executed the said proposal with full authority to do so: The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other respondent or with any competitor; 0 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 the respondent prior to bid opening, directly or indirectly, to any other respondent or to any > competitor; and 00 Ir- No attempt has been made or will be made b 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 U) a� 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 Agreements for said project. a (Signature of Respondent) (Date) STATE OF: COUNTY OF: 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 NOTARY PUBLIC My Commission Expires: 28 Packet Pg. 375 C.17.a ATTACHMENT E DRUG-FREE WORKPLACE FORM cm The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: 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. 0 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy a. of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or Agreementual services that are under bid a copy of the statement specified in subsection (1). 0 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or Agreementual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea > of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the00 workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance E or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. a As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 4- STATE OF (Signature of Respondent) COUNTY OF Date 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_. E My commission expires: NOTARY PUBLIC 29 Packet Pg. 376