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04/20/2020 Agreement ATTACHMENT D.6 COUNTY,u. [ I T CONTRACT SUMMARY Y F CONTRACTS LESS T A 5 0,000.00 Contractwith: Contract tive Date. 4/20a2020Effec Contract Purpose/Description: Expiratio ate: See Agreement tract Behr n otlF Count and Quell issi nrs an4_LQNX to anajyZt2[gpDA3js for Pa cv a fit a eent Cl 4/ 2 C will rovide linicl an financial anal sis of e c ro osal to onr Coun ® ]lo in for st selection ofPharmaBenefits aRaRent Cun an tts beFs Contract is in t ettCotrct to n , al Contract Manager: �Brvain7ook 4 Employee Se ices/ to 91 a e t. epartmen top CONTRACT COSTS Total Dollar Value of Contract: $20.000,00 Current Year Portion: $20-()0 000 l musttvk-ssthans VAWJ tlf ukiycAr ementt n requires 80CC approvni,unless ffic anal cunlor ain 77t!u791 i"! Oa. S U i}UU 00i Budgeted? Yes o 9 - ccou Codes:502-0 4- 31 Grant: S, CountyMatch: S ADDITIONALS -- Estimated Ongoing Costs:$ N�A Iyr For: (Not included in dollar value above) (e.g. maintenance,utilities, janitorial,salaries,etc.) CONTRACTEIE Changes Date Out Date In Needed Reviewer Department ead 4 0f 020 o 4 0/2020 Risk an eent -20- Yes - - 2 O.M.B./Purchasing / 0 Yes YesCl NZ Christina Brickell 4/24/20 County Attorney 4 a Yes o r. 0 a0 Comments: Roman Gastesi s . CONTRACT FOR CONSULTING SERVICES BETWEEN MONROE COUNTY, FLORIDA AND FBMC BENEFITS MANAGEMENT, INC. THIS CONTRACT ("Contract') is made this Zoday of r'+ , 2020, by and between Monroe County, Florida {"Monroe"), and FBMC BAneft Management, Inc. ("Consultant'), a corporation authorized to do business in Florida, located at 3101 Sessions Road, Suite 200, Tallahassee, Florida (Monroe and Consultant collectively referred to hereinafter as the"Parties'). WHEREAS, Monroe desires specific consulting services relating to evaluating its pharmacy benefits program and evaluating proposals in response to RFP-299-0-2020/19, Pharmacy Benefits Manager;and WHEREAS, the Consultant submitted to Monroe a statement of work, fees Information. and other Information related to the consulting services requested (all such documentation hereinafter referred to as the "Proposan. attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS.Monroe has accepted the Proposal;and WHEREAS, the Parties desire the Consultant perform as described in the Proposal and pursuant to the terms and conditions of this Contract(the Proposal and this Contract collectively referred to hereinafter as the'Contracting Documents");and WHEREAS,the Parties desire to enter into this Contract; NOW, THEREFORE, in oonsiderabon of the work to be performed and the payment for the performance of the work, and of the mutual covenants contained herein and the mutual benefits to flow each unto the other, and for other good and valuable consideration,the Parties agree as follows: Section 1. f . The recitals contained above are declared by the Parties to be true and correct and are incorporated into this Contract. Section 2. Consuifanift Obtlaations. The Consultant shall perform all work and services described In, and in accordance with, the Contracting Documents,Including but not limited to the Deliverables on page 3 of the Proposal.The"Additional Analysis Opportunity" on pages 5 and 6 of the Proposal is not part of the scope of work under this Agreement. The Consultant shall comply with all applicable federal, state and local laws, ordinances, ruke and regulations pertaining to the performance of this Contract. Section 3. Monroe's Obligations, Monroe will furnish, or authorize Consultant to obtain, the information determined by Consultant to be necessary to perform the services in a format mutually agreed upon by the parties.Such Information will be provided to Consultant in the time and in the method agreed to by Monroe and Consultant under this Contract. Monroe understands that Consultant cannot accurately perform its duties under this Contract without accurate and timely information and that Consultant shall have no liability to Monroe as a consequence of inaccurate and/or untimely information provided to Consultant by Monroe or a third party who has provided information to Consultant at Monroe's request. Section 4. PamonZ, The Consultant agrees to perform the services In Section 2 and to furnish all necessary labor and materials related to such work and services at Consultant's sole cost and expense, In consideration of the total amount of Twenty Thousand U.S.Dollars($20,000) to be paid by Monroe in two installments, half due upon execution of this Contract and half due after Consultant completes the services. All payments shall be made in accordance with the Florida local Government Prompt Payment Act. Section S. Performangg Schedule. The Consultant shall commence and complete all work and services pursuant to the ContracMrg Docrro�nts All work shall be completed by June 1,2020,unless otherwise approv m writing y tie County. Section G. Care and Diligence. Consultant shall use reasonable care and due diligence In the exercise of its powers and the performance of its duties under this Contract in the same manner that any other prudent service provider in the same industry would exercise its powers and perform its duties. However,Consultantwill not be liable to Monroe for mistakes of judgment or other actions taken in good faith. Section 7. Consultant shall procure all permits, licenses, and certificates, or any approvals in performance and completion of this Contract as may be required by federal, state, and local laws, ordinances, rules, and regulations, and in accordance with the Contracting Documents. Section 8. No Waiver, No waiver, alterations, consent or modification of any of the provisions of the Contracting Documents shall be binding unless In writing and signed by the Monroe. Section 8. 2SWA ring ". This Contract is governed and construed in accordance with the laws of the State of Florida. The law of the State of Florida shall be the law applied in the resolution of any claim, actions or proceedings arising out of this Contract. Section 10. Vanu& Venue for any claim, actions or proceedings arising out of this Contract shall be Monroe County, Florida. Section 11. No D agdmlgjj�2n. Consultant shall not discriminate on the basis of race, creed, color, national origin, sex, age,or disability, in the performance of this Contract. Section 12. No Other AgMgM2gk. The Parties agree the Contracting Documents contain all the temps and conditions agreed upon by the Parties.No other agreements,oral or otherwise,regarding the subject matter of this Contract shall be deemed to exist or to bind either Party. Section I& Attornev�e_, The prevailing Party In any action, claim or proceeding arising out of this Contract shall be entitled to attorney's fees and costs from the losing Party. Section 14.Teirminatfon for Coneenienca. Monroe and Consultant may terminate this Contract without cause upon thirty(30)days prior written notice. Monroe shall pay Consultant for services performed until the date of termination. Section 15. Consultant will provide Monroe with a current Certificate of Insurance evidencing Professional Liability Insurance with minimum limits of$1,00,000 per occurrence. Monroe agrees to indemnify and hold FBMC, Its officers, directors and employees harmless from and against all losses, liabilities, damages, expenses, reasonable attorneys' fees or other obligations, resulting from, or arising out of a claim, demand, judgment, settlement agreement, or lawsuit arising out of an act or omission by Monroe but only to the extent that such damages are reasonably ascertainable.Consultant agrees to indemnify Monroe and hold its officers, directors and employees harmless from and against all tosses, liabilities, damages, expenses, reasonable attorneys' fees or other obligations, resulting from,or arising out of, an act or omission by Consultant but only to the extent that such damages are reasonably ascertainable. Under no circumstances will Consultant be liable to Monroe in a breach of contract claim for other than monetary, compensatory damages that are reasonably ascertainable (including reasonable attorney's fees). EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,THE MAXIMUM TOTAL LIABILITY OF COUNTY OR CONSULTANT SHALL BE LIMITED TO THE GREATER OF (A) DIRECT MONEY DAMAGES IN A TOTAL AGGREGATE AMOUNT NOT TO EXCEED THE AMOUNT PAID FOR SERVICES (AS DEFINED UNDER THIS CONTRACT) OR (B) $10,000. THIS REMEDY IS EACH PARTY'S SOLE AND EXCLUSIVE REMEDY. NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS OF PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF IT HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. Section 16. eubllc Records Act The parties acknowledge and agree to fulfill all obligations respecting required contract provisions In any contract entered into or amended after July 1.2016, in full compliance pursuant to Section 119.0701,Florida Statutes,and obligations respecting termination of a contract for failure to provide public access to public records. The parties expressly agree specifically that the contracting parties hereto shall comply with the requirements within Attachment W attached hereto and incorporated by reference. Section 17. Business Associate Agreement The parties agree that Consultant shall serve as a Business Associate of Monroe and the parties agree to be bound by the terms of the Business Associate Agreement attached as Exhibit B. Section 18. NlWellaneous Clauses. A) This contract is subject to annual appropriation by the Board of County Commissioners. 8) Convicted vendor: 1) A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as Consultant, supplier, subcontractors, or consultants under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,for CATEGORY TWO for a period of thirty-six(36)months from the date of being placed on the convicted vendor list. 2) By signing this Agreement, Consultant represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133. Florida Statutes). 3) Violation of terms of this contract shall result in termination of this Agreement and recovery of all monies paid hereto, suspension of the ability to bid on and perform County contracts and may result in debarment from County's competitive procurement activities. 4) In addition to the foregoing,Consultant further represents that there has been no determination, based on an audit,that it or any subcontractors has committed an act defined by Section 287.133. Florida Statutes,as a `public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime' regardless of the amount of money Involved or whether Consultant or subcontractors has been placed on the convicted vendor list. 5) Consultant shall promptly notify the County if It or any subcontractor is formally charged with an act defined as a "public entity c dme" or has been placed on the convicted vendor list. C) Code of Ethics. The parties understand and agree that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency;unauthorized compensation;misuse of public position, conflicting employment or contractual relationship;and disclosure or use of certain information. D) No Solicitation/Payment. The County and Consultant warrant that, in respect to Itself, it has neither employed nor retained any company or person,other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person,company,corporation, individual, or firm, other than a bona fide employee working solely for it,any fee, commission, percentage,gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Consultant agrees that the County shall have the night to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover,the full amount of such fee, commission, percentage, gift,or consideration. E) Consultant agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement,an Ethics Statement, and a Drug-Free Workplace Statement. F) Federal clauses. Recognizing that a portion of the funds used to pay this contract may come from federal grant funds, the clauses contained in Attachment B are incorporated by reference and made part of this Contract. IN WITNESS WHEREOF,the parties hereto have caused this Contract to be executed in triplicate and sealed the day and year First above written. FBMC BENEFITS MANAGEMENT, INC. MONROE COUNTY, FLQBRA By: By: Roman Gastesi` ;,;;n, o�.pama; rsss a® Print Name: Patrick Flemming Print Name:11B d&A r Tide: hi f Reaulatory Officer Title: _ 0-6-b65�4_ Date Signed: _W 16. 2020 Date Signed: _412.aj�?,,Oje) APPROVED AS TO FORM AND CONTENT; Cy nth id Digitally signed MONROE COUNTY ATTORNEY'S OFFICE ,r .by Cynthia Hall Hall , Date:2020.04.22 15:4057-04-00' Attachment"A" PUBLIC RECORDS. Cons ultent/Consultant/Vendor shall comply with Chapter 119, Florida Statutes. Specifically, Consultant/ConsultanWendor shall: Keep and maintain public records required by Monroe to perform the service. B. Upon request from the MonroWs custodian of public records,provide Monroe 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 Chapter 119,Florida Statutes,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 Agreement term and following the completion of the Agreement if Consultant/ConsultanWendor does not transfer the records to Monroe. D. Upon completion of the Agreement, transfer, at no cost, to Monroe, all public records in possession of Consuftant/ConsultanWendor or keep and maintain public records required by Monroe to perform the service. If Consultant/ConsultanWendor transfers all public records to Monroe upon completion of the Agreement, Consultant/ ConsultantlVendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Consultant/ConsultanWendor keeps and maintains public records upon completion of the Agreement, ConsultanVConsultanWendor shall meet all applicable requirements for retaining public records. All records stored electronlcaliy must be provided to Monroe, upon request of Monroe's custodian of public records, in a format that Is compatible with the information technology systems of Monroe. Failure by Consultant/ConsultanWendor to comply with Chapter 119, Florida Statutes, shall be grounds for immediate unilateral cancellation of this Agreement by Monroe. IF CONSULTANTICONSULTANTIVENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANTS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT BRIAN BRADLEY.4305)292- 3470, 1111 12TH ST., SUITE 408, KEY WEST, FL 33040, BRADLEY- BRIAN@MONROECOUNTY-FL.GOV. EXHIBIT A PROPOSAL FOR HEALTH PLAN CONSULTING SCOPE OF SERVICES AND PRICING PROPOSAL PHARMACY BENEFIT MANAGER ANALYSIS AND PROPOSAL REVIEW 4 ; PREPARiD AND PRESENTED Blfs FBMC KISIIA NAMiiL"AN,CESS 8MPL*V4li SSNiFITi CONSULTANT s IINANSSLNANOFiMC.CON 1 541.504.1942 '�FIN "EVERYTHI¢ 00 n "WE ilh "Al r �1r =. 4KNOVATION }������r'15s s Cookie-Cutter benents programs don't for everyone. The � application of new Ideas and creative thought rasults in' ,,....,,Y, breakthrough""' rbrmance. We work with you to create better f���t�t�iJ!111 St it£(it 1 1? P, n solutions that`treet new u requirements and 'articulated needs. , �, �t n, tea Its t Ni+�Abus rnf 11�Upi(, 1 3s0, fi t D 0 r i J�f Ott s- r When it comes to bsne��rarns,FBMrG is naa about IF o challenging the status quo W th`daU,-driven ari'iWwl ```t sS'"actinable insight.we will Introduce an implenient strategiesltt,7hat `tit 1afi s' rod Fy „<< overall healthcare expenditure for bothyour arc n f� } t employees. f { M 1 � lid l s «r s t tt !t $ ,f, ���lY3t „,t� fir �t OVABLE QUALITY t ti 411 i i t 5��',We uphold a measurable.high standard of quality assurance tf"i our offered services.This Is prove our cllent retention customer sa ratings. t'F �� �11��rJ t�Sh t�}��t�l�(�(h F�4 Ss a t t ✓ .^a,f� 1 r ��C4�h�µµf 4t�� s F INNOVATION PROTECTION PROVABLE CMALITY EXECUTIVE PROJECT SUMMARY It Is critical to have full visibility into the actual performance of your pharmacy benefit program.To got the most out of your plan.you need to conduct an annual pharmacy plan pwfbmmance evaluatlon.This will ensure you find the most competitive rates and rebates.your contract terms are aligned,and whether or not your clinical management strategies are effective. i ' u i „", t2 '�M�ii£ -r 11R �tiSt � tiis5znn � i �e ,Gi { l ilkkSS�i ME 113- n �Si4K4,t OMAN 1 �4 t i1 a 4 1 In many cases,an evaluation is done using quotes directly from the PBM vendor or health plan.The trouble with using quotes to best the market Is that the proposals can be laden with many assumptions and exclusions you can never formulate a true comparison.Spreadsheets can also be very misleading by producing a result very different from reality.In this environment.even the best group PBM or health plan is focused on the profitability of their accounts and their underwrlting processes.Can you really trust what you're seeing? Running an RFP is incredibly complicated and is extremely time consuming.If not done properly.this process can produce less than adequate results.FBMC Is proposing to partner with the County as an independent consultant to help with the review.evaluation,and recommendation for the County's Pharmacy Benefits Manager.We will also provide a detalled comparison to see exactly where savings and opportunities for higher plan performance can be recognized. a, 5 t4No -non mw-cTION PROVABLE ouAuTy. DELIVERABLES As part of our review and evaluation,FBMC will provide a comprehensiv% detailed,and timely pharmacy financial analysis to cut through the complexity Inherent to self-funded pharmacy arrangements.This will allow Hull visibility into the competitiveness of the rates and rebates,enhanced visibility into the contract terms,and clinical Inefficiencies--all of which can lead to an underperforming pharmacy plan. FSMC will analyze your current contract to reveal actual plan performance versus expected plan performance by analyzing claims based on fill date.drug type.and channel. Our analysis includes independent clinical programs,which encompasses evaluation of low clinical value(LCV)drugs,high dollar claim review(HOCRI and PA program opportunities. In the attached example analysis.you will see 3 main areas of focus: • Executive Overview of Financial Results-showing cost comparison between your current plan and new plans with`best practice"contract terms. • Pharmacy Contract and Performance-shows the difference between current contract terms with a focus on contract language.and'best practice"contract terms.There is also a further break down of financial results In terms of channel,drug type,and formulary disruption. NOTE:Specific contract terms/rates have been redacted from the sample analysis attached. • Clinical Review-we will apply a set of clinical edits and rules to uncover clinical Inefficiencies that,if remedied,could yield substantial savings with minimal member disruption. 4 {1�I i`}4�YiJ \Y1�� �i� �r u ��a,� UW$ WNOVATKW PROTECTION_PROVABLE QUALITY PRICING FBMC Benefits Management, Inc(FBMC)has supported public sector employers in the State of Florida for over 43 years by establishing. evaluating.and improving employee benefits packages with Innovative solutions and proven quality. FBMC proposes to provide an unbiased evaluation,cost savings analysis. and 'best practice"recommendations for a new Pharmacy Benefits Manager for the Monroe County Health Plan. PRICING Invoiced upon acceptance of Proposal-payment due $10,000,00 within 30 days Invoiced after presentation of findings-payment due $10.000.00 within 30 days. $20.000.00 y�t5 �?k4`� INNOVATION.PROTECTION PROVABLE ouALITY SAMPLE REPORTING �iirSff�x�(> > {f �N to � off � { r POP �S hSzz sag ` t w n g,{y" 01 rw, SAMPLE REPORTING fixo fiva oaelalee-Fiel MW Resufft Independent 3rd Party PBM p� and Contract Management i w..W � kramp4l Ei1�r�Pple7 Ewnp113 ge$�, _ if 3519E $445'BP; NOW mm� «t�v r ,lS6 S�sv9� 5�A,93•f 4�s a4& t9 .Rrwa d.W 4r sR #640�Bi i'W'Y f .sb� ins a• a.a.:a+5�s Pe. �a•s.sgP.a;85u 14.,daa1Z<e w,Qa.m„ b5 xn S� &r so ;mae•e='>s t.-a. «.,�.ai, rcauw,s�. � 4. fame s,.vry •ffi ent ~� S � ea�� f Sri SSl.ti r ss+.� _I 15t la r' genes gay it irate_ � irr u +. .e...i..: .w.a.=:...a"Skw♦.w et Unda.«ua.a nrnvg.. ,,..msnp. cummf Dian at` " C�[ IPiM 5 �Y r � 4 !a r446' f h ii $1109 1 IM, (. rtraa ail at 'F .� Sa..sc9 j!S A cc 6-4 U000 yP ,yea stow *.c�ausrmP 6i1�: 'i G�bal S4om" k I) aye N.we96 Swwa mm ,s•.vm8 1 16000 ro'ia�-rew navaa}? 01000 Y U C44mys00 t j a a s 5 4. '' #ra041 wPA°4wWwas amw.0 res«ai X.w....Myw iw••a Wa«w.rewr+wA bhwm Waw x+mmumw. e+SgSY 5xn+w�a ,"M.bw�,n a a } INNOVATION.PROTECTKA PROVABLE QUAUTY, SAMPLE REPORTING Contractual Comparison Independent 3rd Parry PSM and Contract Management 116� [Omple 7 low 9% R. wwwa � w r xs sao K ��m at s _ r 1400 s4.a ea ..wu..a raa + i7 &'�94 46 ei ik m3 4. $fir s .eGw.R�ry 4rbm0r 9= >B rSr .9#.f®aft t/a D®�S 4143 �'61,..fi air r-:=uauer WWf.o- eraara w4s moy@m4 40.k es x ws s kw�a m�kane mmw ram sr,�m rw.a+�e�a.�ad [. z onme� w mw�,ao ¢ I w � s ti , ,eA��mw mms�.o'srte +a s a� area ss�a,,:wwn„aa -`arp.'e�„wn*mP dwr'�aervnr A+p,.:ma Mn.,;'mmdwax+aW"-mas�&a,x�M...,.Y.ww«uts�.dwPtt pmmv*n.umxawn+9x tlrem..x�Vi+*+names *+. ga�tu 8 mz wa.m.�,.a wn',pamx..X'C'ir,�a.�rpm k`TM'xcww INNOVATIOR PROTECTION PROVA9tEOUALI'IY SAMPLE REPORTING tr{*wndwt PBM it -top Down Unchmark of Rdaae Amounts { h4w AV ID _ to-... - _.. iiat{$ 1lY61nMti111garCldR aiSad SUN wwf5�1{1 I lia IM f�l1 11�11 t11Jt 1 1i111 YIM i0A1 ITec{meS Q I"%dt't _ julwaab*he ta@ PWs prolmal .Fw vel {tak n$ry^wrea mod-rabon Port 1 rx3, d ira dt Sht f�+nil%rt the GaP n(art b glen a with Cdw a9 ape Ward Uw raquiem atwns E {try arvate s% do fm tact r dedLuca,prsreearAp rm tasacavtrl u " { Impact try tY is ! Lown pr*d%KIMtV HNIPW Absintethm Nig9pw$$if gmemubte - _. ilaMeA4 MOO A ft 4 tst..A� � YR less members 10dow proloW for VOA CvdwNa%rJu eases nits AfA ants ix pr stet "(trusas.Paw ` WNOVA7M PAOTECTON.PROVABLE CIUAi.. 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S:�� ° ��, �> c�-w���SGy'�'�.--:��;t�}t�'i •� 1 --�� �v ram":,:,,�- rar:. � �J�`r, wpm f%&A INNOVATION.PROTECTION PROVABLE WALITY S" AMPLE REPORTING aifawr savl"o Um"W" t 3rd Parry Penn and r �.. Contract Wnagwwi Emnvb 2 Rank Ah.ry.r..M... i4Y Swiyr lyr w k !s 4t5. Mnfr.iyt4l►w 413, r s ; a fY�r fMNmt Alvatrpe r.e®wm- M[P Hwarp tlp w �1�, �9 14 On4as,x twl..a ww,tiw Pm j} •Me UN WT Lr.*Up w 113501 low%dill% 6 , t3 49th ,.r'k,va•a�e.mvA�.t.+xer ads.mema��a axw"e aRa.Y�eta��wa�.rf�ex�aa.a am axva�f�n$r �.wr ..._.�--�.-...,.--.. +�f�v a4m+m q+m.awr.wo-a..Hm 1 m., a.rom-.4".t dam ;�n. ate.%w» m�"�w � '.ea.« m•.w.�,.wue�•.mcm� + aVw�+®wm.a ua.�w m w t ¢.a�w�a+mum= a.s+.:.. .. m. t fa. +a aAm � .,.w..+..w a w+�.�•..>�w>v+wm t, -07 tv Dollm Ckkm mavkw s�.w•..a,a. '�.... �aa amY , fr mow.m^� .<.•. r '. ®asr a. '.. r ABA f�BT'� d $Y86C Y.e �u.fC9wee rase @m�wu,}µYe t e SUM t Y Ceea�AFede rcoaow a fit!♦sr 8 q u t M40 t.. r.,...rn•.. @���v^ r ic,aav Y. bgvm AiW�a.mw... Y p.,.e• Y - di gta Y Vk+wefuaaa ea Wddma. $ §v gre g beL r a.ma= # 5 V E w, !.. 6,344 M.re+w dypewo `r..�uem 4ea Y,.mvn a dh.28i $9i1e�1 �.,.:. \) }J3���S1C a # y � u.ehx ME<' �tv..tiia�u '-vtix�uuw. a..=keanimw ��1���� ��,��s r,� �,a INNOvA710�PROTECT+ON.PR4va��QUA�mt� SAMPLE REPORTING Cornbnmod Fmancial Row* act Savings and CAP Savings Independent 3rd Paly PSM and Contract manaWnent E t Ea 7.0m� d ew,maw ft.wm, 4e� 11AL7kw !®N.4— 6U 6':igd� d54'Y33 4m¢,*tia same aY.A'B Rvw .gyp,(..np-315 Sd'a a 4t'a$tu @'4on U"^iau6s m +p 9unr $A8 $nb ° Qdd Won aa,m r„�a•a�w ma.�e. ,a ffi� lR9&. a11d.ras ds ,asa� NIA pwea CAW 9mwcy a w,� NIA a +Cup d—a " km& s�nw�mw tads N4 3;') atatNY;1 51 � ��'� INNOVATION,PROTECTION.PROVABLE OUALffY ATTACHMENT B Recognizing that a portion of the funding for this Project comes from one or more federal awards as that term is defined in 2 C.F.R.J 200.36,the following provisions from 2 C.F.R.part 200 apply to this Agreement: a) SMALL AND MINORITY BUSINESSES,WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS.The County strongly encourages the use of women-,minority-and veteran-owned business enterprises(SBEs)and wishes to see a goal of 5%of the contract or subcontracts awarded pursuant to this RFP go to SBEs.Consultant shall provide good faith effort and associated documentation to justly those efforts.Consultants may search for Florida registered SBEs at htN-1hyew2es-nvftorida.corNaoenty administrationlof6ce of sunolser diversity osd Any proposal submitted in which the vendor is certified as an SBE,or in which the vendor proposes to use subco tractors that are certified as SBEs,must submit proof of the registration or certification from a federal,state or local authority in order to receive credit for the use of the SSE. b) Audit of records.Consultant shall grant to the County,Florida Division of Emergency Management (FDEM),Federal Emergency Management Agency(FEMA),Florida Department of Transportation, the Federal Government,and any other duly authorized agencies of the State or Federal Government or the County where appropriate the right to inapect and review all books and records directly pertaining to the Contract for a period of five(5)years after final grant close-out by FEMA or DEM,or as required by applicable County,State and Federal law-Records shell be made available during nom d working hours for this purpose. In the event that FEMA.DEM,or any other Federal or State agency,or the County,issues findings or rulings that the amounts charged by the Consultant, or any portions thereof, were ineligible or were non-allowable under federal or state Law or regulation,Consultant may appeal any such finding or ruling. If such appeal is unsuccessful. the Consultant shall agree that the amounts paid to the Consultant shall be adjusted accordingly,and that the Consultant shall,within 30 days thereafter, issue a rernMence to the County of any payments declared to be ineligible or non-allowable. Consultant shall comply with federal and/or state laws authorizing an audit of ConsuttanCs operation as a whole,or of specific Projed activities. c) Federal Nondiscrimination Clauses. During the performance of this Agreement,the Consultant agrees as follows: (1) The Consultant will not discriminate against any employee or applicant for employment because of race,color,religion,sex,sexual orientation,gender identity,or national origin.The Consultant will take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race, color,religion,sex, sexual orientation,gender identity, or national origin. Such action shall include, but not be limited to the following: Employment,upgrading, demotion,or transfer, recruitment or recruitment advertising; layoff at termination; rates of pay or other forms of compensation; and selection for training. Including apprenticeship.The Consultant agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of U%W nondiscrtmination clause. (2) The Consultant will,in all solicitations or advertisements for employees placed by or on behelf of the Consultant,state that all qualified applicants will receive consideration foremploymentwithout regard to race,color,religion,sex,sexual orientation,gender Identity,or national origin. (3) The Consultant will not discharge or In any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about,discussed,or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shalt not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a format complaint or charge,in furtherance of an investigation,proceeding, hearing, or action, including an investigation conducted by the employer,or is consistent with the Consultant's legal duty to furnish information. (4) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding,a notice to be provided by the agency contracting officer,advising the labor union or workers'representative of the Consultant's commitments under section 202 of Executive Order 11246 of September 24,1965.and shalt post copies of the motive in conspicuous places available to employees and applicants for employment. (6) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1955. and of the rules,regulations,and relevant orders of the Secretary of Labor. (6) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pum, wt thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of labor for purposes of Investigation to ascertain compliance with such rules,regulations,and orders. p) In the event of the Consukarmt's noncompliance with the nondiscrimination clauses of this contract or with any of such fules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or In part and the Consultant may be declared ineligible for further Government contracts in accordance with procedures authorized in ExecuWe Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,1965,or by rule,regulation,or order of the Secretary of labor, or as otherwise provided by law. d) Consultant agrees to comply with all applktabie standards.orders or regulations Issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Ad as amended(33 U.S.C.1251-1357)and will reports violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). e) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement'under 37 CFR§401.2(a)and the recipient or subrecipient wishes to enter Into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developrmental,or research work under that`funding agreement,'the recipient or subreciplant must campy with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Fame Under Government Grants, Contracts and Cooperative Agreements,' and any implementing regulations issued by the awarding agency. f) Clean Air Ad(42 U.S.C. 7401 7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1307).as amended--Contrails and subgrants of amounts in excess of $150,000 must comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1261.1384 Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). g) Debarment and Suspension (Executive Orders 12549 and 12689-A contract award(see 2 CFR 180.220)must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1966 Camp., p. 189)and 12889 (3 CFR part 1989 Corm.,p.236).'Debarment and Suspension.`SAM Exclusions contains the names of parties debarred, suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. h) Byrd Anti-Lobbying Amendment(31 U.S.C.1352)—fonsuftants that apply or bid for an award exceeding$100,000 must file the required certification. Each tiercertifies to the tier above that lt will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency.a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1362. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up to the non-Federal award. i) Procurement of recovered materials as set forth in 2 CFR§200.322. j) Americans with Disabilities Act of 1990(ADA)—The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder,and the assurance by the CONSULTANT pursuant thereto. k) The Consultant shall utilize the U.S. Department of Homeland Security's lE-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shag expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E Veriy system to verify the employment eligibility of ap new employees tired by the subcontractors during the Contrad term. n No Obligation by Federal Government.The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity. Consultant. or any other party pertaining to any matter resulting from the contract. EXHIBIT B BUSINESS ASSOCIATE AGREEMENT