Item C21 C.21
J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3
The Florida.Keys a Mayor Pro Tem Michelle Coldiron,District 2
V Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
July 15, 2020
Agenda Item Number: C.21
Agenda Item Summary #7069
BULK ITEM: Yes DEPARTMENT: Employee Services
TIME APPROXIMATE: STAFF CONTACT: Natalie Maddox (305) 292-4450
N/A
AGENDA ITEM WORDING: Approval to award bid and negotiate an agreement with Capital
Rx, Inc., to provide Pharmacy Benefits Management services for employees, retirees, and
dependents beginning 1/1/2021; also, authority to negotiate an agreement with the second place
company (EHO) or third place company (Envision) if for any reason staff is unable to negotiate an
agreement with Capital Rx.
ITEM BACKGROUND: In January 2020, the BOCC approved a Request for Proposals (RFP) for
Pharmacy Benefits Management services; including Employer Group Waiver Program + Wrap
(EGWP) for Medicare Eligible Retirees to ensure that the County is receiving the best plan and
options at favorable costs to the County and plan participants. The contract with the current
provider expires on December 31, 2020.
The County received proposals from nine companies: Capital Rx, EHO Rx, Envision Rx, Heritage
Health Solutions, Magellan, Navitus, Optum Rx,Prime Therapeutics, and WellDyne.
Due to the complex nature of pharmacy plan structure, various methods of calculating costs,
handling of rebates, discounting, drug pricing and guarantees, the Employee Services/Benefits team
had two benefits consulting groups to independently review the proposals and provide analysis.
Gallagher Benefits Consulting Services, Inc, (Monroe County's primary benefits consultant) and
FBMC, Inc. each reviewed the nine proposals and provided an analysis. Independently, both
consulting firms highly ranked Capital Rx in terms of cost, member service, account management
and account service, retail and mail order service, minimal member disruption, drug formulary, and
other related factors.
On June 24, 2020, the five-member Pharmacy Benefits Management Selection Committee met to
discuss the proposals and make a recommendation to the BOCC.
The Selection Committee scored and ranked the top three proposals as follows (out of 500 total
potential points):
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1. Capital Rx —total score 432
2. EHO Rx—total score 316
3. Envision Rx (incumbent)—total score 291
The Selection Committee recommends that Monroe County BOCC negotiate an agreement with
the top-ranked proposer, Capital Rx,to provide Pharmacy Benefits Management, including
Employer Group Waiver Program +Wrap (EGWP). If for any reason staff is unable to negotiate
an agreement with Capital Rx, staff requests as a backup that staff be given authority to negotiate
with the second place company (EHO Rx), followed by the third place company (Envision Rx) if
necessary.
If this agenda item is approved by the BOCC, staff will bring back an agreement to the BOCC at the
August 2020 BOCC Meeting.
PREVIOUS RELEVANT BOCC ACTION:
January 2020 —BOCC Approved RFP Advertisement for Pharmacy Benefits Management
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Pharmacy RFP Final 2020 Rev 123 20 v4
Pharmacy Benefit Management RFP Results
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: Not as this stage.
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C.21
Additional Details:
REVIEWED BY:
Bryan Cook Completed 06/26/2020 12:26 PM
Natalie Maddox Completed 06/26/2020 12:29 PM
Amy Lane Completed 06/26/2020 12:43 PM
Assistant County Administrator Christine Hurley Completed
06/26/2020 2:16 PM
Cynthia Hall Completed 06/26/2020 2:38 PM
Purchasing Completed 06/26/2020 2:45 PM
Budget and Finance Completed 06/28/2020 11:59 AM
Maria Slavik Completed 06/28/2020 9:52 PM
Kathy Peters Completed 06/29/2020 10:34 AM
Board of County Commissioners Pending 07/15/2020 9:00 AM
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MONROE COUNTY 0
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REQUEST FOR PROPOSALS
FOR
PHARMACY BENEFITS MANAGER
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BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem, Michelle Coldiron, District 2
Craig Cates, District 1
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David Rice, District 4
Sylvia Murphy, District 5 >
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CLERK OF THE CIRCUIT COURT EMPLOYEE SERVICES _
KEVIN MADOK BRYAN COOK, DIRECTOR 0.
DEADLINE FOR PROPOSALS: April 2, 2020 3:00 P.M.
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NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
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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
for the following:
(PBM) PHARMACY BENEFITS MANAGEMENT
MONROE COUNTY, FLORIDA
Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices
can be viewed at: . lori a u licotices.co , a searchable Statewide
repository for all published legal notices. Requirements for submission and the
selection criteria may be requested from DemandStar at
OR www.monroecou 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.
All responses must be sealed and must be submitted to the Monroe County
Purchasing Office.
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Publication Dates: >
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The Citizen: Sat., 01/25/20
Keys Weekly: Thur., 01/30/20
The News Barometer: Fri., 01/31/20 N
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TABLE OF CONTENTS
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The excel spreadsheets are listed as follows:
a. Tab I - Background
b. Tab II - Questionnaire
c. Tab III - References
d. Tab IV - Formulary Disruption
e. Tab V - Network Disruption
f. Tab VI - Open Responses
g. Tab VII - General Contains:
General
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Retail Network Pricing
Mail Pricing
Formulary Rebates
Other
h. Tab VIII — Financial Offer (Retail/Mail)
i. Tab IX — Specialty Pricing Offer
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j. Tab X — Performance Guarantees
k. Tab XI — Administrative & Ancillary Fees
I. Exhibit XII — Current Census
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m. Exhibit XIII — Pharmacy Spend (latest three years)
n. Exhibit XIV — Latest 12-Months Claims with NDCs
• Protected Document Code: MCBOCC010720 N
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Request for Proposal for N
Pharmacy Benefits Manager
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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.
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
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term (subject to agreement of each party).
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• The intent of this RFP to have PBM services fully operational and effective for
the 1/1/2021 Plan year.
• To be eligible to propose, Proposer must have a minimum of at least 5 years' ca
experience providing PBM services to governmental clients.
• MCBOCC has retained Gallagher Pharmacy Services as the Consultant to
review and evaluate all proposals received for this project.
Further details/requirements are outlined in the sections below.
2. Addenda /Updates:
Any and all addenda will be added to the RFP posting on the MCBOCC web site
at: www.monroecounty-fl.gov/current-Agreement-bid-and-rfi-opportunities 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.gov/current®Agreement®bid®and-rfi®opportunities to ensure they have not
missed any updates. Vendors will be presumed to have reviewed any addenda.
3. Backaround:
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.
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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.
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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.
3. Eligibility and enrollment updates - The current system provides automated
carrier feeds — full population, weekly. The PBM vendor must be able to
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receive and manage these weekly eligibility feeds.
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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.
5. EnvisionRx currently provides pharmacy Benefits. EnvisionRx is aware of
this RFP and encouraged to participate along with the current medical
carrier.
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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.gov/88/Employee-Services
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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. >
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 C, _
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 CL
delivery before 3:00 EST on April 2, 2020 to:
Monroe County Purchasing
Department
1100 Simonton Street, Suite 2-213
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Key West, FL. 33040
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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.
i. Proposers must submit one (1) original, and eight (8) exact duplicate,
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
proposal in a separate envelope.
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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, 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 W
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
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: maox-
nataliep_monroecounty®fl.gov 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.
f. Source Selection and Agreement Award
Award(s), if made, will be made to the Responsive and Responsible
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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
those listed in section 12, in the evaluation of proposals received.
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
agreement is reached.
An award of Agreement does not guarantee any volume or dollar
amount of purchase.
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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. Projected 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 Date
RFP Issued January 25, 2020 >
Deadline for submittal of questions February 28 by 3:00pm N
Deadline for issuance of Addenda March 13 by 3:00pm
Proposals Due April 2 by 3:00 pm >
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5. The Proposer must aaree: N
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.
3. To review and advise the MCBOCC on the prescription drug pharmacy
network Services policy, Plan documents and/or certificates of coverage.
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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.
4. To provide any information that is necessary for the effective provision
of the Services, including legal and administrative advice and
assistance as needed.
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
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.
6. To provide eligible Members with prescription drug mail order
program Services in accordance with the terms of the applicable
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Benefit Plans. >
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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. y
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
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,
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 0.
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
MCBOCC or upon request by the MCBOCC. While in use by the
selected Respondent, the confidentiality of these records must be
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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.
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.
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.
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
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the MCBOCC. >
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.
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14.To meet with MCBOCC representatives whenever necessary to
promptly resolve any problems which occur related to the
administration of the Agreement. >
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15.To complete the Proposer's Disclosure Forms or Affidavits as may be
required by the MCBOCC as set forth in this RFP.
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.
17.To use standardized data file formats and data transmission
methods as may be required for the administration of the Services, E
subject to the MCBOCC's approval.
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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.
19.To provide, at no cost to the MCBOCC, training materials and on-site
training sessions necessary for the implementation of services.
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20.To participate in open-enrollment meetings on an as needed basis.
21.To provide required notifications to Members in a timely manner.
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.
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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 W
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 `N
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
PBM has a standard file layout which includes the below listed
information at a minimum, provide the standard file layout. >
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.
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.
26.To participate in a data exchange with medical Plan administrators or
other vendor selected by the MCBOCC for purposes of Plan analysis
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to the extent permitted by law if directed by the MCBOCC.
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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.
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).
29.To negotiate terms and conditions of the initial Agreement with the
MCBOCC on a timely basis.
30.To provide a proposal for an initial Agreement term of at least 3 years from
the date of award.
31.To provide that the MCBOCC may renegotiate the Agreement for one
additional 3-year term beyond the original term agreed to by the
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MCBOCC and the selected Respondent.
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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
termination of the Agreement.
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34.To agree that any Agreement may be terminated at any time without W
cause by the MCBOCC or for cause as set forth in the Agreement with
the MCBOCC. N
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.
37.To provide specified Services without regard to any pre-existing
condition limitations unless such limitations exist in the applicable
Benefit Plan.
38.To provide a sufficient number of pharmacies in close proximity to the
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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.
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
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
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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 N
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.
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44.To conduct drug utilization reviews, retrospectively, concurrently and >
prospectively.
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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.
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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 E
into the pharmacy benefit manager's system.
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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 E
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
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
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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, T
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.
A. The Director of Purchasing reserves the right to waive minor irregularities >
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.
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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 E
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.
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8. Proposals and Presentation Costs 0
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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 U
negotiations.
9. Acceptance and Rejection of Proposals
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MCBOCC is under no obligation to accept any Proposal and reserves the 2
right to accept or reject, in whole or in part, any or all proposals submitted.
10. Validity of Proposals
All proposals must be valid for a period of ninety (90) days from the proposal
due date.
11.Protests
(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 W
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
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. CL
12. Evaluation Criteria
a. Response Format
The Proposal is to include a Table of Contents and sections for each Tab
listed below and should be organized in the order shown. Each section should
be clearly labeled, with pages numbered. Failure of a proposer to include all E
listed items may result in the rejection of the Proposal.
b. Evaluation Criteria (Factors)
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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
the County.
Account Management:
Total points available for this criterion = 15
Member Services:
Total points available for this criterion = 10
Clinical Management:
Total points available for this criterion = 10
Retail Network:
Total points available for this criterion = 10
Mail Order:
Total points available for this criterion = 5
0
Specialty Pharmacy:
Total points available for this criterion = 10
Systems & Technology:
N
Total points available for this criterion = 5 W
Implementation:
N
Total points available for this criterion = 5
N
N
Audit:
0.
Total points available for this criterion = 10
Financial Offer— Retail & Mail:
E
Total points available for this criterion = 5 CL
Financial Offer— Specialty: E
Total points available for this criterion = 15
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0
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.
0
2
N
N
N
ATTACHMENT A
N
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:
CL
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
declared ineligible for the award of Agreements from the United States federal
government procurement or non-procurement programs, or are listed in the
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Excluded Parties List System in the System for Award Management (SAM) issued
by the General Services Administration.
X
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, U
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 E
erroneous when submitted or has become erroneous by reason of other 2
circumstances.
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:
0
Signature/Date: /
2
Company Name:
Address:
N
City/State/Zip:
SSN or EIN No:
CL
CL
N
N
N
E
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ATTACHMENT B
0
4-
X
Condition of Submitting Proposal
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 E
RFP and Agreement.
2. It has the necessary experience, knowledge, abilities, skills, and resources to
satisfactorily perform the requirements, specifications, terms, and conditions of the
0
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.
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 N
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.
N
❑ 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 0.
agreements between Proposer and the other Institution(s) who desire to
exercise this option.
VENDOR LEGAL NAME:
AUTHORIZED SIGNATURE: DATE:
PRINT NAME: TITLE:
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ADDRESS: CITY, STATE, ZIP:
0
PHONE: EMAIL:
0
0
2
N
N
m
N
N
CD
0.
CL
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ATTACHMENT C ,0
X
Agreement Standard Terms & Conditions
1. Delivery and Installation. All deliveries of goods or performance of services shall be
made pursuant to a written purchase order issued by MCBOCC, which assumes no
liability for any goods delivered or services performed without such purchase order. E
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
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.
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.
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
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. N
4. Warranty.
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
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Packet Pg.843
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. Convriaht, Trademark, Service Mark. or Patent Infrinaement
a) Proposer shall, at its own expense, be entitled to and shall have the duty to defend U
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
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.
0
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
Proposer's obligation to satisfy the final award, Proposer may at its option and
expense:
0 Procure for MCBOCC the right to continue using the products or services,or
ii) Replace or modify the alleged infringing products or services with other equally N
suitable products or services that are satisfactory to MCBOCC, so that they
become non-infringing, or
iii) Remove the products or discontinue the services and cancel any future
charges pertaining thereto, provided, however, that Proposer will not exercise
option b.iii., 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:
0 The use of the products or services in combination with apparatus or devices
not supplied or else approved by Proposer,or 0.
ii) The use of the products or services in a manner for which the products or
services were neither designated nor contemplated, or
iii) The claimed infringement in which MCBOCC has any direct or 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
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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.
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.
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.
Proposer shall not have any right to any actual general, special, consequential, W
incidental, or any other damages whatsoever of any description or amount for
MCBOCC's exercise of its right to terminate for convenience.
11. ComMiance with Laws. Proposer agrees to comply with any applicable federal, state .T
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.
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14. Partnershin/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.
Throughout the term of this Agreement, Proposer shall provide an updated
certificate of insurance upon expiration of the current certificate.
16. Indemnification and Hold Harmless. Proposer shall indemnify and hold harmless
MCBOCC, its officers, agents and employees from: N
a) Any claims, damages, costs and attorney fees for injuries or damages arising, in part W
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 N
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
CD
Proposers, to observe applicable laws, including, but not limited to, labor laws and
minimum wage laws. N
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 0.
that the Proposer may provide.
17. Attorney Fees. Proposer agrees that, in the event either party deems it necessary to E
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. Assianment—Written Consent Reauired. 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
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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 Aareement.This Agreement sets forth the entire agreement between the parties
with respect to the subject matter hereof and shall govern the respective duties and
obligations of the parties.
20. Force Maieure. No party shall have any liability to the other hereunder by reason of any
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
or dissimilar nature beyond its control.
0
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.
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
c
thereafter to enforce such provision or to exercise any right or remedy available to it in
the event of any other default.
24. Severability. Should any provision of this 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.
N
25. Privacv. 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
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a Proposer or sub-Proposer under MCBOCC Government Agreements.
0
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 ca
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.
28. Ethics/ Conflicts of Interest / Gift Policy. The parties recognize and agree that
MCBOCC is required to comply with the standards of conduct for public officers and
employees laid out in the Florida Ethics Code contained in F.S. 112.313 as well as its
own Ethics Policy, contained in the Monroe County Personnel Policies & Procedures
Manual, regarding, 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 contractual relationship, and disclosure or use of inside
information. Among other things: No MCBOCC employer, 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,
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 gift
giver will receive something of value in return for the gift. County employees, officers .2
and agents who violate the State Ethics Code or the MCBOCC ethics policy will be
subject to disciplinary actions, up to and including termination as well as possible criminal
prosecution. >
N
29. E-Verify. The Proposer shall utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the
Proposer during the term of the Agreement and shall expressly require any W
subProposers performing work or providing services pursuant to the Agreement to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subProposer during the
Agreement term. 0.
'®
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,
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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 E
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._
32. Florida Public Records Law. Pursuant to F.S. 119.0701, Proposer 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.
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 .2
to be inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law
for the duration of the Agreement term and following completion of the Agreement if the
Proposer does not transfer the records to the public MCBOCC.
N
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.
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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, ra le -
ria oroecout - l._ciov, c/o Monroe County Attorney's Office, 1111
12t" St., Suite 408, Key West FL 33040. E
0)
33. Effective Date. This Agreement shall not be binding upon the parties until it has been 2
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.
34. 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
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 <
convicted vendor list.
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0
x
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
I, of the city of according
to law on my oath, and under penalty of perjury, depose and say that: E
I am of the firm of
the respondent making the Proposal for the
project described in the Notice for Calling for bids for:
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 --
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 T
competition; and W
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.
(Signature of Respondent) (Date)
N
STATE OF:
0.
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority, E
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:
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0
ATTACHMENT E
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
Z
3. Gives each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
0
4. In the statement specified in subsection (1), notifies the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or polo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction. .2
T
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any employee >
who is so convicted.
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6. Makes a good faith effort to continue to maintain a drug-free workplace through >
implementation of this section.
N
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
CL
STATE OF
(Signature of Respondent)
COUNTY OF
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
CL
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_.
My commission expires: NOTARY PUBLIC
29
Packet Pg.852
C.21.b
Monroe County Purchasing Policy and Procedures
Exhibit A E
Notice of Intended Decision for RFPCL
0
X
June 25, 2020
To: All Respondents
Re: Notice of Intent to Negotiate a Contract
Request for Competitive Solicitations for Pharmacy Benefits Management E
To Whom It May Concern:
The letter will serve as notice of Monroe County's intent to negotiate a contract with Captial Rx, c
the highest ranked respondent,for Pharmacy Benefits Management at the July 15, 2020 Board
of County Commissioner's Meeting.
Proposal responses for the Pharmacy Benefits Management were received by the Monroe
County Purchasing Department on April 2, 2020.
0
P
Bryan Cook <
Employee Services Director
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CO
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