HomeMy WebLinkAboutItem C13COUNTY of MONROE
The Florida Keys
BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Lincoln, District 2
Mayor Pro Tem David Rice, District 4
Craig Cates, District 1
James K. Scholl, District 3
Holly Merrill Raschein, District 5
Regular Meeting
March 11, 2026
Agenda Item Number: C13
26-0553
BULK ITEM: Yes DEPARTMENT: Employee Services
TIME APPROXIMATE: STAFF CONTACT: Natalie Maddox
AGENDA ITEM WORDING: Approval to advertise a Request for Proposals for Employee
Benefits Consulting Services.
ITEM BACKGROUND:
Approval of an RFP for Employee Benefits Consulting Services including design of group benefit
program (health, prescription, dental, vision, life, accidental death and dismemberment and actuarial
services), to ensure that the County is receiving the best coverage at reasonable costs, to analyze plan
design, costs, and administrative programs, assist with vendor proposal analysis, advise and assist on
health care industry trends and compliance, and provide other related benefits consulting services.
PREVIOUS RELEVANT BOCC ACTION:
July 2018: Approval to advertise RFP Employee Benefits Consulting Services
January 1, 2019: Contract with Gallagher Benefits Consulting Services, effective date
2019 — Present: Continuous services provided by Gallagher Benefits Consulting Services
INSURANCE REQUIRED: Yes
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date of expected contract: January 1, 2027
Expiration Date of expected contract: December 31, 2031 (plus option to renew for 2 years)
Total Dollar Value of Contract: Estimated: $ 275,000.00 Annually
Total Cost to County: Estimated: $ 275,000.00 Annually
Current Year Portion:
Budgeted: Yes (502-08001)
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: Yes
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR PROPOSALS
FOR
EMPLOYEE BENEFITS CONSULTING SERVICES
BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Lincoln, District 2
Mayor Pro Tern David Rice, District 4
Craig Cates, District 1
James K. Scholl, District 3
Holly Merrill Raschein, District 5
COUNTY ADMINISTRATOR CLERK OF CIRUIT COURT
Christine Hurley Kevin Madok
PREPARED BY:
Bryan Cook — Employee Services Department
Natalie Maddox — Employee Services Department
Bid opening date: April 30, 2026, 3 P.M.
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NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on Thursday, April 30, 2026, at 3:00 P.M., the Monroe County Purchasing
Office will receive and open sealed responses for the following:
Employee Benefits Consulting Services
Monroe County, Florida
Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at:
www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements
for submission and the selection criteria may be requested from the County's electronic bidding platform at
https://monroecounty-fl.bonfirehub.com OR www.monroecounty-fl.gov/BonfireBids. The Public Record is available upon
request.
Monroe County Purchasing Department receives bids via the Bonfire electronic bidding platform. Please do not
email, mail or attempt to deliver in person any sealed bids. Emailed/mailed/physically delivered bids/proposals/responses
WILL NOT be accepted.
The Monroe County Purchasing Department hereby directs that bids be submitted via the Bonfire electronic bidding
platform at https://monroecounty-fl.bonfirehub.com, no later than 3:00 P.M. on Thursday, April 30, 2026. There is no
cost to the bidder to use the Bonfire platform.
Please do not submit your confidential financial information as part of your proposal. There are separate uploads for
each set of documents, including confidential financial information. All proposals will be made public on the platform after
an intended decision or 30 days, whichever is earlier, unless the bids/proposals are rejected in accordance with F.S. 119.071.
If your proposal document includes financial information, that information will not be considered confidential and will be
available and viewable to the public in accordance with public records law. In the event of a discrepancy between the bid
amount on the Proposal Form and the bid amount entered in Bonfire, the bid amount listed in the "Proposal Form" provided
by Monroe County in the RFP is the amount that will be utilized by the County when considering the bid proposal. The
County reserves the right to waive any proposal/bid irregularity.
The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on Thursday, April 30,
2026. You may call in by phone or internet using the following:
Publication Dates
Keys Citizen: Sat., 03/14/2026
Keys Weekly: Thur., 03/19/2026
News Barometer: Fri., 03/20/2026
Join Zoom Meeting
https://mcbocc.zoom.us/j/4509326156
Meeting ID: 4509326156
One tap mobile:
+16465189805„4509326156# US (New York)
+16699006833„4509326156# US (San Jose)
Dial by your location:
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
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TABLE OF CONTENTS
SECTION ONE: Instruction to Proposers
SECTION TWO: Draft Agreement
Exhibit A: Scope of Services
Exhibit B: HIPAA Business Associate Agreement
SECTION THREE: County Forms and Insurance Requirements
SECTION ONE: INSTRUCTION TO PROPOSERS
1. OBJECTIVE OF THE REQUEST FOR PROPOSAL
The Monroe County Board of County Commissioners (MCBOCC) is requesting
proposals from qualified individuals or firms to provide consulting services for the group
benefit program (health, prescription, dental, vision, life, accidental death and
dismemberment, and actuarial services) to ensure that the County is receiving the best
coverage at reasonable costs, to analyze the design costs and administrative services
programs and to assist with preparation of group benefit program competitive procurement
documents (generally, requests for proposals).
2. BACKGROUND INFORMATION
Monroe County ("County") is a non -chartered county and a political subdivision of the
State of Florida. The population of the County is estimated at approximately 80,000.
The Monroe County Board of County Commissioners, constituted as the governing body,
has all the powers of a body corporate, including the powers to contract; to sue and be
sued; to acquire, purchase, hold, lease and convey real estate and personal property; to
borrow money and to generally exercise the powers of a public authority organized and
existing for the purpose of providing community services to citizens within its territorial
boundaries. In order to carry out this function, County is empowered to levy taxes to pay
the cost of operations.
The Present Plan
Currently, the County offers its employees a self -funded medical program through
Florida Blue that consists of two plans: Traditional PPO and High -Deductible Health Plan
with Health Savings Account (HDHP with HSA). The Pharmacy Benefits Manager (PBM)
is Capital Rx, Inc. with an Employee Group Waiver Plan (EGWP) Wrap for Medicare
Eligible Retirees and dependents. E in p 1 o y e r G r o u p Life and Supplemental Group Life
insurance provider is Minnesota Life. The employee assistance plan (EAP) provider is
Quantum Health Solutions. Fully insured voluntary benefits offered: dental (Delta Dental),
vision (VSP), and supplemental accident/illness plan (AFLAC).
The County has two collective bargaining agreements that must be considered when there
may be a change in benefit plans or procedures.
As of (February 1, 2026), there are approximately(1313) active employees, (444) retirees &
(600) dependents enrolled in the group health insurance plan. The County currently
contracts with Gallagher Benefit Services to provide benefits consulting services on a fee -
for -service basis.
3. RFP Schedule: A summary schedule of the major activities associated with
this solicitation is presented below. The County, at its sole discretion, may
modify this schedule as the County deems appropriate.
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The initial contract term will be for five (5) years beginning January 1, 2027, renewable
at the County's option for two (2) additional consecutive year terms.
Calendar
Date
Activity
March 14, 2026
RFP Advertise/Release date
March 30, 2026
Deadline for Vendor Questions — 5:00 p.m.
April 6, 2026
Addendum Release date
April 30, 2026
RFP Responses Due/Bid Opening — 3:00 p.m.
TBD
Selection Committee Ranking meeting
TBD
Finalist Interview (if needed)
July 15, 2026
Monroe County BOCC Meeting — Approval to negotiate
contract
August 19, 2026
Monroe County BOCC Meeting, Approval of contract
January 1, 2027
Contract Effective Date
4. SCOPE OF THE WORK TO BE PROVIDED BY PROPOSER
The scope of work is included in Exhibit A to the Draft Agreement (Section Two of this RFP).
5. QUALIFICATIONS NECESSARY OF CONSULTANT
The selected firm must enter into an agreement stating that all staff members, independent
contractors, subcontracted work, if any, all service providers it uses, engages or manages,
comply with Health Insurance Portability and Accountability Act (HIPAA) privacy and
security rules, and that the firm will be liable for any breach.
Proposals received from firms that have a contractual relationship with a group health carrier
that would preclude the firm from being unbiased in the services provided to the County will
not be considered for evaluation. Proposers must disclose any contractual relationship in
writing, in the proposal, with any persons or entities in the following categories: (a) third
party administrators; (b) utilization review/large claims management; (c) health insurance
carriers. Proposers will be disqualified from receiving any commissions from County vendors.
The Proposer must warrant that it has not employed or retained a company or person, other
than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or
secure a contract with the County and that it has not paid or agreed to pay any person,
company, corporation, individual or firm other than a bona fide employee, contractor or
subcontractor, working in its employ any fee, commission, percentage, gift or other
consideration contingent upon or resulting from the award or making of a contract with the
County.
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The firm and its employees who are responsible and accountable for the county's account
and subcontractors, if any, must have all necessary current licenses issued by the Florida
Department of Insurance for providing either consulting services or health benefits
insurance. Proper documentation shall be attached to the proposal.
The firm's servicing office that would provide services to the County must have at least one
(1) Marketing Account Executive and one (1) Customer Service Representative, each with
a minimum of three (3) years of health insurance experience.
Firms providing actuarial services for the County must be certified as a Fellow of the Society
of Actuaries.
6. PAYMENT TERMS
• The County is aware that some consultants normally receive their compensation from
the insurance provider based on a percentage of the overall account value. We request
respondents to quote a fixed fee that encompasses the entire Scope of Services
requested in Section Two, Draft Agreement, Exhibit A.
• The contractor shall submit to the County an invoice with supporting documentation
acceptable to the County Clerk on a schedule as set forth in the contract.
Acceptability to the Clerk is based on generally accepted accounting principles and
such laws, rules and regulations as may govern the Clerk's disbursal of funds.
• The contractor will submit such invoice monthly for services provided during the
preceding month.
• Upon receipt of the contractor's invoice in the proper form as stipulated above and
upon acceptance by the Clerk, Monroe County will make payment in accordance with
the Florida Local Prompt Payment Act, Section 218.70, Florida Statutes.
7. EVALUATION CRITERIA
Award shall be made to the responsible proposer whose proposal is determined to be the most
advantageous to the County, taking into consideration the evaluation criteria set forth below:
Proposer's Experience and Background
20 points
Account Service Team's Experience
20 points
Ability to provide services listed in Scope
of Services.
20 points
Capacity and Resources
15 points
Approach and Methodologies
10 points
Price of proposal
15 points
Total points earned are on a scale of 1 —100 points
1 = lowest 100 = highest
A Selection Committee will be analyzing Proposals and providing recommendations to
the County Administrator who will ultimately make a recommendation to the Board of
County Commissioners regarding which Proposer should be hired.
8. REQUEST FOR ADDITIONAL INFORMATION
Request for additional information or clarification relating to the specifications of this
Request for Proposals shall be submitted in writing directly to:
Natalie Maddox, Senior Benefits Administrator
1100 Simonton Street, Suite 2-268
Key West, FL 33040
Email: maddox-nataliekmonroecounty-fl.gov
Facsimile (305) 292-4452
All requests for additional information must be received in writing no later than 5:00 PM, March
30, 2026. Any requests received after that date and time will not be answered.
Any interpretation, correction or change of the RFP will be accomplished by Addenda and if
issued will be furnished by posting on the website at https://monroecounty-fl.bonfirehub.com OR
www.monroecounty-fl.gov/BonfireBids prior to the established opening date. Interpretations,
corrections, or changes of the Bidding Documents made in any other manner will not be binding
and Bidders shall not rely upon such interpretations and changes. Oral requests for additional
information will not be answered.
All addenda are a part of the contract documents and each Proposer will be bound by such
addenda, whether or not received by him/her. It is the responsibility of each Proposer to verify
that he/she has received all addenda issued before responses are opened.
9. CONTENT OF SUBMISSION
The proposal submitted in response to this Request for Proposals (RFP) shall be clear and concise,
tabulated, and provide the information requested herein. Statements submitted without the
required information will not be considered. Responses shall be organized as indicated below.
The Proposer should not withhold any information from the written response in anticipation of
presenting the information orally or in a demonstration, since oral presentations or demonstrations
may not be solicited. Each Proposer must submit adequate documentation to certify the
Proposer's compliance with the County's requirements. Proposer should focus specifically on the
information requested.
Format. The proposal, at a minimum, shall include the following:
A. Cover Page,
A cover page that states "REQUESTS FOR PROPOSALS FOR EMPLOYEE BENEFITS
CONSULTING SERVICES". The cover page should contain Proposefs name, address,
telephone number, and the name of the Proposer's contact person.
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B. Table of Contents and Tabbed Sections
TAB 1. PROPOSER'S EXPERIENCE AND BACKGROUND
A. Submit a detailed narrative description documenting Proposer's overall background and
experience to include, but not limited to, the following:
(1) History of Proposer, number of years in business, and number of years providing benefits
consulting services. Detail any name or ownership changes.
(2) General overview of Proposer's benefits consulting experience.
(3) Benefits consulting experience with public sector clients including the number of years
providing services to these clients.
(4) Benefits consulting experience with clients in Florida.
(5) Benefits consulting experience with clients with 1000 or more employees.
(6) Experience with GASB 75.
(7) Experience in conducting a feasibility study and providing support for an on -site employer
clinic and pharmacy.
(8) Experience in evaluating the efficacy of client -specific on -site employer clinics and
pharmacies.
(9) Experience with actuarial services.
(10) Awards, certifications, or other related recognition in the area of benefits consulting
(11) Unique qualifications, experience, or services provided by the proposer not specified in this
Request for Proposal that should be considered by the County.
(12) Experience assisting clients in the evaluation, selection, implementation and operation of HRIS
software systems as related to benefits enrollment, management, and reporting.
B. Submit a detailed narrative documenting Proposer's specific experience including, but not
limited to, the following:
(1) Benefits consulting services for clients with unions.
(2) Negotiating and working with Collective Bargaining Agreements
C. Each Proposer shall submit at least five (5) client references for whom they have provided
services similar to those specified in this RFP in the past five (5) years and who are agreeable to
respond to a request from the County regarding the proposer's experience. Of the five client
references, a minimum of two (2) should be with state or local government clients, preferably in
the State of Florida. Each client reference should include the following:
(1) Organization name
(2) Contact name(s)
(3) Contact email address
(4) Address
(5) Telephone and fax numbers
(6) Dates of service (start/end)
(7) Scope of work (brief description)
D. Proposals received from firms that have a contractual relationship with a group health
carrier that would preclude the firm from being unbiased in the services provided to the County
will not be considered for evaluation. In this tab, proposers must disclose any contractual
relationship with any persons or entities in the following categories: (a) third party administrators;
(b) utilization review/large claims management; (c) health insurance carriers.
TAB 2. ACCOUNT SERVICE TEAM'S EXPERIENCE
Submit a detailed narrative description documenting experience of the key personnel who are
proposed to work on the account team, including the individual designated as the account
manager/consultant, proposed by Proposer to include, but not limited to the following:
(1) General overview of proposed account manager/consultant's benefits consulting
experience.
(2) Proposed account manager/consultant's benefits consulting experience with public sector
clients.
(3) Proposed account manager/consultant's benefits consulting experience with clients in
Florida.
(4) Proposed account manager/consultant's experience with GASB 75.
(5) Proposed account manager/consultant's benefits consulting experience with clients with
1000 or more employees.
(6) Proposed account manager/consultant's experience in evaluating third -party administrative
services and making recommendations for improvements.
(7) General overview of the experience of up to five other key personnel who have been
identified for the provision of services to the County including actuarial services.
(8) Provide a bio/resume for the account manager/consultant and each key personnel identified
above to include the following:
i. Work history
ii. Training/continuing education
iii. Specialties, professional designations and/or credentials
iv. Designated role in the provision of services to the County.
TAB 3. APPROACH AND METHODOLOGIES
(1) Provide a narrative description of Proposer's overall approach to delivering the Scope of
Services.
(2) Describe any innovative strategies or best practices Proposer proposes to implement to
enhance the provision of services.
(3) Provide details of Proposer's approach to keeping abreast of market trends, laws, and
insurance carrier initiatives.
(4) Provide a narrative of Proposer's methodology for measuring Proposer's staff
performance to ensure client satisfaction.
(5) Describe Proposer's employee training/continuing education program.
(6) Detail Proposer's time commitment for the provision of services to include annual
enrollment and other on -site services.
(7) Detail the proposed annual services and schedule to include methodologies for the
following:
i. Annual benefits renewal process
ii. Annual benefits renewal negotiations
iii. Open -enrollment services
(8) Describe up to three successes Proposer has had in the past three years in
streamlining benefits administration for clients and any associated cost reductions.
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(9) Describe up to three successes Proposer has had in the past three years for other negotiated
costs reductions and/or service enhancements for clients.
(10) Describe up to two successes in the past three years that reflect Proposer's ability to
successfully link employee participation in wellness and/or disease management to
employee/employer cost reductions.
(11) Describe the actuarial services that Proposer proposes for the County. Identify who will
provide these services and where they will be conducted.
(12) Provide information on any value-added service enhancements available to the County.
TAB 4. CAPACITY AND RESOURCES
(1) Identify the home -base location for the individual designated as the County account
manager/consultant.
(2) Submit details of Proposer's staffing resources at the location(s) that will provide
services to the County as well as corporately, by discipline and the number of personnel within
each discipline.
(3) If Proposer's staffing resources includes sub -consultants, submit the name of the
firm(s) and detailed their role in the provision of services.
(4) Provide a narrative clearly defining responsibilities, contractual relationships and roles of
all individual in the organizational diagram.
(5) As a consideration of the Proposer's current, and projected workloads, state the
commitment and availability of all key personnel for County projects by providing a signed letter
of commitment.
(6) Describe any tools Proposer offers for measuring wellness and disease
management program effectiveness, program enhancements, and program value to the employer.
Include links to any on-line tools and/or examples of the tools.
TAB 5. FINANCIAL QUALIFICATION AND LITIGATION
In accordance with Section 2-347(h) of the Monroe County Code of Ordinances, in order to determine
if persons or entities submitting responses to competitive solicitations are responsible, all
responses to competitive solicitations for contracts to be awarded under this section must
contain, at a minimum, the following information:
(1) A list of the person's or entity's shareholders with five percent or more of the stock or, if a
general partnership, a list of the general partners; or, if a limited liability company, a list of its
members; or, if a solely owned proprietorship, names(s) of owner(s);
(2) A list of the officers and directors of the entity;
(3) The number of years the person or entity has been operating and, if different, the number of
years it has been providing the services, goods, or construction services called for in the bid
specifications (include a list of similar projects);
(4) The number of years the person or entity has operated under its present name and any prior
names;
(5) Answers to the following questions regarding claims and suits:
a. Has the person, principals, entity, or any entity previously owned, operated or directed
by any of its officers, major shareholders or directors, ever failed to complete work or provide
the goods for which it has contracted? If yes, provide details;
b. Are there any judgments, claims, arbitration proceeding or suits pending or
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outstanding against the person, principal of the entity, or entity, or any entity previously owned,
operated or directed by any of its officers, directors, or general partners? If yes, provide details;
c. Has the person, principal of the entity, entity, or any entity previously owned, operated
or directed by any of its officers, major shareholders or directors, within the last five years, been
a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or
construction services similar to those requested in the specifications with private or public
entities? If yes, provide details;
d. Has the person, principal of the entity, or any entity previously owned, operated or
directed by any of its officers, owners, partners, major shareholders or directors, ever initiated
litigation against the county or been sued by the county in connection with a contract to provide
services, goods or construction services? If yes, provide details;
e. Whether, within the last five years, the owner, an officer, general partner, principal,
controlling shareholder or major creditor of the person or entity was an officer, director, general
partner, principal, controlling shareholder or major creditor of any other entity that failed to
perform services or furnish goods similar to those sought in the request for competitive
solicitation;
f. Customer references (minimum of three), including name, current address and current
telephone number [see Tab I (C)];
g. Credit references (minimum of three), including name, current address and current
telephone number;
h. Financial statements for the prior three years for the responding entity or for any entity
that is a subsidiary to the responding entity; and
i. Any financial information requested by the county department involved in the
competitive solicitation, related to the financial qualifications, technical competence, the ability
to satisfactorily perform within the contract time constraints, or other information the department
deems necessary to enable the department and board of county commissioners to determine if the
person responding is responsible.
NOTE: Please see instructions in Notice of Request for Competitive Solicitation at the
beginning of this RFP for how to submit confidential financial information, if the vendor is
treating any of the information listed above as confidential financial information.
TAB 6. OTHER INFORMATION
Proposer shall provide any additional information which will present evaluators with insight
about the knowledge, skills and abilities of the Proposer.
If the Proposer cannot fully comply with any of the terms contained in the Request for Proposal,
all deviations to the terms must be spelled out in this section, i.e. Tab 6.
TAB 7. FORMS AND LICENSES
Proposer shall complete and execute the forms specified below and located in Section Three in
this RFP and shall include them behind Tab 7:
Forms
Submission Response Form
Lobbying and Conflict of Interest Ethics Clause
Non -Collusion Affidavit
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Drug Free Workplace Form
Public Entity Crime Statement
Vendor Certification Regarding Scrutinized Companies List
Affidavit Attesting to Noncoercive Conduct for Labor or Services
Foreign Entities Affidavit
Indemnification and Hold Harmless for Other Contractors and Subcontractors
Worker's Compensation Requirement
General Liability Requirement
Professional Liability Requirement
Additional Insured Requirement
Request for Waiver of Insurance Requirements (if applicable)
Any proposer claiming a local preference must complete the Local Preference Form and attach to the
Proposal.
Proof that the Proposer is an SBE (if applicable) (see section 22, below)
Also, provide a copy of any current agent/broker Licenses issued by the Florida Department of
Insurance for consulting or providing life or health insurance.
TAB S. FEE PROPOSAL
Proposers should use this form for submitting its Fee Proposal. The pricing submitted shall
be all inclusive to provide benefits consulting services in accordance with the requirements
set forth in this RFP.
The Proposer's annual fee for benefits consulting services shall remain firm for the respective year
of the Agreement as designated below. Evaluation of price will be based upon Proposers' Total
Annual Fee for Years 1, 2, 3, 4, and 5.
Fee Proposal
1.
Total Annual Fee Year 1
$
(Write out dollar amount)
2.
Total Annual Fee Year 2
$
3.
Total Annual Fee Year 3
$
4.
Total Annual Fee Year 4
$
5.
Total Annual Fee Year 5
$
TOTAL ANNUAL FEE PROPOSAL
FOR YEARS 1, 2, 3, 4, AND 5
$
6.
Total Annual Fee Renewal Year 6
$
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7. Total Annual Fee Renewal Year 7 $
10. COPIES OF RFP DOCUMENTS
A. Only complete sets of RFP Documents will be issued and shall be used in preparing
responses. The County does not assume any responsibility for errors or misinterpretations
resulting from the use of incomplete sets.
B. Complete sets of RFP Documents may be obtained in the manner and at the locations
stated in the Notice of Request for Proposals.
C. Each Proposer is responsible for obtaining all addenda for this Proposal and for
acknowledging receipt of all addenda on the Response Form.
11. STATEMENT OF PROPOSAL REQUIREMENTS: SUBMISSION; BID OPENING
DATE
It is the sole responsibility of the Proposer to submit the Proposal and utilize the forms provided
in this RFP and to ensure that the Proposal is delivered to the Monroe County Purchasing Office
prior to the Due Date and Time.
Vendors shall submit their proposals in accordance with instructions in the Notice of Request for
Competitive Solicitations. The proposal must be received on or before 3:00 P.M. local time on
April 30, 2026.
No proposals will be accepted after 3:00 P.M. Bonfire will not allow any proposals to be uploaded
after the time and date for receipt of proposals. The Proposer shall assume full responsibility for
timely delivery via upload to Bonfire.
12. DISQUALIFICATION OF PROPOSER
A. NON -COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this
invitation must execute the enclosed NON -COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Proposers, the proposals of all participants in
such collusion shall be rejected, and no participants in such collusion will be considered
in future proposals for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a proposal on
a contract to provide any goods or services to a public entity, may not submit a proposal
on a contract with a public entity for the construction or repair of a public building or
public work, may not submit Proposals on leases or perform work as a contractor,
supplier, subcontractor, or contractor under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount provided
in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list. Category Two: $25,000.00
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C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG -FREE WORKPLACE
FORM and submit it with his/her proposal. Failure to complete this form in every detail
and submit it with the bid or proposal may result in immediate disqualification of the bid
or proposal.
D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person
submitting a bid or proposal in response to this invitation must execute the enclosed
LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his/her bid
or proposal. Failure to complete this form in every detail and submit it with the bid or
proposal may result in immediate disqualification of the bid or proposal.
13. EXAMINATION OF RFP DOCUMENTS
A. Each Proposer shall carefully examine the RFP and other contract documents, and inform
himself/herself thoroughly regarding any and all conditions and requirements that may in any
manner affect cost, progress, or performance of the work to be performed under the contract.
Ignorance on the part of the Proposer shall in no way relieve him/her of the obligations and
responsibilities assumed under the contract.
B. Should a Proposer find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, he shall at once notify the County.
14. GOVERNING LAWS AND REGULATIONS
The Proposer is required to be familiar with and shall be responsible for complying with all
federal, state, and local laws, ordinances, rules, professional license requirements and
regulations that in any manner affect the work. Knowledge of business tax requirements and
the responsibility for paying the tax in Monroe County and municipalities within Monroe
County are the responsibility of the Proposer.
15. SIGNATURE OF PROPOSERS
Signature of the Proposer: The Proposer must sign the response forms in the space provided
for the signature. If the Proposer is an individual, the words "doing business as ", or "Sole
Owner" must appear beneath such signature. In the case of a partnership, the signature of at
least one of the partners must follow the firm name and the words "Member of the Firm"
should be written beneath such signature. If the Proposer is a corporation, the title of the
officer signing the Response on behalf of the corporation must be stated along with the
Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted.
The Proposer shall state in the response the name and address of each person having an
interest in the submitting entity.
16. MODIFICATION OF RESPONSES
Prior to the time and date designated for receipt of proposals, any proposals submitted may
be modified by removing the existing proposal from Bonfire and uploading a new complete
14
proposal. Faxed or e-mailed modifications shall be automatically rejected. Proposals may be
withdrawn on Bonfire prior to the time of the bid opening. Withdrawn proposals may be
resubmitted on Bonfire up to the time designated for the receipt of proposals provided that
they are then fully in conformance with these Instructions.
17. PROPOSER SOLELY RESPONSIBLE FOR COST OF PROPOSAL
The Proposer is solely responsible for all costs of preparing and submitting the response,
regardless of whether a contract award is made by the County.
18. RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened. Proposers'
names shall be read aloud at the appointed time and place stated in the Notice of Request for
Competitive Solicitations. Monroe County's representative authorized to open the responses
will decide when the specified time has arrived, and no responses received thereafter will be
considered. No responsibility will be attached to anyone for the premature opening of a
response not properly addressed and identified. Proposers or their authorized agents are
invited to be present. The County reserves the right to reject any and all responses and to
waive technical errors and irregularities as may be deemed best for the interests of the County.
Responses that contain modifications are incomplete, unbalanced, conditional, obscure, or
that contain additions not requested or irregularities of any kind, or that do not comply in
every respect with the Instruction to Proposer and the contract documents, may be rejected at
the option of the County.
19. AWARD OF CONTRACT
A. The County reserves the right to award separate contracts for the services based on
geographic area or other, and to waive any informality in any response, or to re -
advertise for all or part of the work contemplated.
B. The County also reserves the right to reject the response of a Proposer who has
previously failed to perform properly or to complete contracts of a similar nature on
time.
C. The recommendation of staff shall be presented to the Board of County
Commissioners of Monroe County, Florida, for final selection and award of contract.
20. INSURANCE REQUIREMENTS
To be eligible for award, Proposer must obtain and maintain at its own expense all insurance coverage
specified herein. Proposer 's insurance must extend all required coverage to any Subcontractors engaged for the
performance of work; or alternatively, Proposer shall be responsible for requiring all Subcontractors to obtain and
maintain all coverage required by this section. Any deviation from these insurance requirements must be
supported by an Insurance Waiver Form approved by the Monroe County Risk Manager. Insurance Waivers may
be requested from the Risk Management Department: Tel (305) 292-3470; Eml:
risk mana eg mentkmonroecounty-fl.gov.
Within fifteen (15) days of award, Proposer shall submit proof of the insurance required by this section.
Proposer will not be permitted to commence work (including pre -staging of personnel and material) until
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satisfactory evidence of the required insurance has been furnished to the Monroe County as specified below.
Proposer must submit satisfactory evidence of the required insurance coverage, either: a Certificate of Insurance;
or a Certified copy of Proposer 's Insurance Policies. Policies shall be written by companies licensed to do business
in the State of Florida and having an agent for service of process in the State of Florida. State of Florida and having
an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better and
a financial rating of A- from A.M. The County reserves the right, at its sole option, to require Proposer to produce
a certified copy of any or all insurance policies required by the Agreement. At a minimum, all insurance policies
maintained by Proposer or a Subcontractor must:
(1) specify they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless
a minimum of thirty (30) days prior notification is given to the County by the insurer; and
(2) include a waiver of subrogation rights held by Proposer 's insurer with respect to claims against the County,
and its employees, officers and insurers that arise from any loss, liability, or obligation covered by Proposer
's insurance policies.
Proposer shall be required to maintain all insurance required by this section throughout the entire Term of the
Agreement. In the event Proposer or any Subcontractor fails to maintain all required insurance at any time during
the Term of this Agreement, the County shall reserve the right to immediately terminate the Agreement or suspend
all Work until the required insurance has been reinstated. Delays in completion of the Work arising from the failure
of Proposer or Subcontractor to maintain the required insurance shall not cause the extension of any deadlines
specified in the Agreement. Proposer agrees to indemnify and hold harmless the County from and against any and
all increases in costs resulting from such delay, including delays attributable to a Subcontractor's failure to maintain
required insurance.
In the event of a claim, Proposer shall be responsible for payment of any deductible or self-insurance
retention that may be reflected in the insurance policies maintained pursuant to the requirements of this section. The
County's acceptance and/or approval of Proposer 's insurance policies shall not be construed as relieving or limiting
any liability of Proposer that may arise from the performance of Work under this Agreement.
Proposer shall be required to maintain the following insurance coverage:
Commercial General Liability: Proposer 's insurance policy shall cover, at a minimum, premises
operations, personal injury (including death), property damage, products & completed operations, and
blanket contractual liability. If coverage is provided on a Claims Made basis, Proposer 's policy must
provide for claims filed during the term of this Agreement, and for twelve (12) months after its
termination or expiration. Proposer 's policy shall be endorsed to name Monroe County Board of
County Commissioners as Additional Insured. The minimum limits acceptable are: $300,000
Combined Single Limit (CSL)
Worker's Compensation: Proposer 's insurance policy shall reflect coverage and limits sufficient to
meet requirements of Chapter 440, Florida Statutes. In addition, Proposer shall maintain Employer's
Liability Insurance with limits not less than: $500,000 bodily injury by accident; $500,000 bodily injury
by disease (aggregate); $500,000 bodily injury by disease (per employee). If Proposer believes they are
exempt from providing Worker's Compensation insurance under Florida law, the Proposer must obtain
an approved Insurance Waiver form from the Monroe County Risk Manager. If the Proposer has been
recognized by the Florida Department of State as an authorized self -insurer, the County may recognize
and honor the Proposer's status. Upon request, Proposer shall be required submit a Letter of
Authorization from the Department, and may be required to periodically submit to the County current
financial statements from the self-insurance fund.
• Business Auto Liability: Proposer 's insurance policy shall provide coverage for all owned, non-
16
owned, and hired vehicles used in the performance of work under this Agreement. Proposer 's policy
shall be endorsed to name Monroe County Board of County Commissioners as Additional Insured.
The minimum acceptable limit is: $300,000 Combined Single Limit (CSL). If Split Limits are
provided, the minimum acceptable limits are: $200,000 per person; $300,000 per Occurrence;
$100,000 Property Damage.
• Professional Liability (Errors & Omissions): Proposer shall maintain insurance covering the
professional services to be rendered under this agreement, including the furnishing of advice or
consultation. Proposer 's insurance must, at a minimum, respond to damages resulting from any claim
arising out of the performance of professional services and any error or omission of the Proposer
which may arise from the work subject to this Agreement. If coverage is provided on a claims made
basis, an extended claims reporting period of four (4) years shall be required. The minimum
acceptable limits of liability are: $1,000,000 per Occurrence; $2,000,000 Aggregate.
Monroe County shall be named as an Additional Insured on the General Liability policy and Vehicle
Liability Policies.
21. INDEMNIFICATION
The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless the County
as outlined below.
The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe County, its
commissioners, officers, employees, agents and servants from any and all claims for bodily injury,
including death, personal injury, and property damage, including damage to property owned by
Monroe County, and any other losses, damages, and expenses of any kind, including attorney's
fees, court costs and expenses, which arise out of, in connection with, or by reason of services
provided by the Proposer or any of its Subcontractor(s), occasioned by the negligence, errors, or
other wrongful act or omission of the Proposer, its Subcontractor(s), their officers, employees,
servants or agents.
In the event that the service is delayed or suspended as a result of the Vendor's failure to purchase
or maintain the required insurance, the Vendor shall indemnify the County from any and all
increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Proposer is consideration for the
indemnification provided for above. The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within this agreement.
22. EXECUTION OF CONTRACT
The County intends to make an award to the Proposer that has complied with the terms, conditions and
requirements of the RFP. The successful vendor will be expected to enter into an agreement
substantially along the lines of the Draft Agreement shown in Section Two. Any agreement resulting
from this RFP must be governed by the laws of the State of Florida and must have venue established in
the State of Florida, Monroe County. The agreement will be submitted to the Monroe County Board of
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County Commissioners for final approval.
23. FEDERAL CONTRACT PROVISIONS
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 minimum of 25% of the contract or subcontracts
awarded pursuant to this RFP go to SBEs. Contractors may search for Florida registered
SBEs at: hqp://www.dms.Myflorida.com/agency administration/office_of supplier diversity osd
Any proposal submitted in which the vendor is certified as an SBE, or in which the vendor
proposes to use subcontractors that are certified as SBEs, in Florida or another jurisdiction, must
submit proof of the registration or certification from the local authority in order to receive credit
for the use of the SBE.
24. AMERICANS WITH DISABILITIES ACT
Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations
to attend public bid openings or meetings should contact Monroe County Administrator's office
at (305) 292-4443 at least three days prior to the date for the bid opening or meeting.
IN
SECTION TWO: DRAFT AGREEMENT
(Final Agreement To Be Negotiated Following Award of Contract By
Monroe County Board of County Commissioners)
These contract documents should be used only after consultation with counsel. The documents
are not intended as legal advice appropriate to any specific situation, nor do they purport to
address all issues which may arise between the contracting parties. The documents should be
amended or supplemented where appropriate.
MONROE COUNTY CONTRACT FOR
Employee Benefits Consulting Services
THIS AGREEMENT is made and entered into this day of , by
MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address
is 1100 Simonton Street, Key West, Florida 33040 and
("CONTRACTOR"), whose address is (collectively, the
"Parties").
Section 1. SCOPE OF SERVICES
CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties
as described in the Scope of Services — Exhibit A — which is attached hereto and made a part of
this agreement.
CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY. CONTRACTOR
warrants that it is authorized by law to engage in the performance of the activities herein described,
subject to the terms and conditions set forth in these Agreement documents. The CONTRACTOR
shall at all times exercise independent, professional judgment and shall assume professional
responsibility for the services to be provided. Contractor shall provide services using the following
standards, as a minimum requirement:
A. The CONTRACTOR shall maintain adequate staffing levels to provide the services
required under the Agreement resulting from this RFP process.
B. The personnel shall not be employees of or have any contractual relationship with the
County. To the extent that Contractor uses subcontractors or independent contractors, this
Agreement specifically requires that subcontractors and independent contractors shall not
be an employee or have any contractual relationship with the County.
C. All personnel engaged in performing services under this Agreement shall be fully qualified
and, if required, to be authorized or permitted under State and local law to perform such
services.
Section 2. QUALIFICATIONS NECESSARY OF CONTRACTOR
The CONTRACTOR must certify at least annually that all staff members, independent
contractors, subcontracted work, if any, all service providers it uses, engages or manages, comply
with Health Insurance Portability and Accountability Act (HIPAA) privacy and security rules.
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The CONTRACTOR must provide a list annually, listing any contractual relationship between
the CONTRACTOR and any persons or business entities that provide the following services:
third party administration and/or ASO; pharmacy benefits manager; voluntary benefits including,
but not limited to, life insurance, dental and/or vision coverage.
The CONTRACTOR must provide an adequate staff of experienced personnel, capable of and
devoted to the successful accomplishment of work to be performed under any contract with the
County.
The CONTRACTOR must assign specific individuals to the key positions. Once assigned to
work under any contract with the County, key personnel shall not be moved or replaced without
prior written notification to the County. Such notification shall be provided within three (3)
business days of the change.
The CONTRACTOR must warrant that it has not employed or retained a company or person,
other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or
secure a contract with the County and that it has not paid or agreed to pay any person, company,
corporation, individual or firm other than a bona fide employee, contractor or subcontractor,
working in its employ any fee, commission, percentage, gift or other consideration contingent
upon or resulting from the award or making of a contract with the County.
The following persons will provide the services under this Agreement:
Any change to the above -listed personnel requires notification to the County, in writing, within
three (3) business days after implementation of the change.
The firm and its employees who are responsible and accountable for the county's account and
subcontractors, if any, must have all necessary current licenses issued by the Florida Department
of Insurance for providing either consulting services or health benefits insurance.
The firm's servicing office that would provide services to the County must have at least one (1)
Marketing Account Executive and one (1) Customer Service Representative, each with a
minimum of three (3) years of health insurance experience.
Section 3. COUNTY'S RESPONSIBILITIES
3.1 Provide all best available information as to the COUNTY'S requirements for Employee
Benefits Consulting Services.
3.2 Designate in writing a person with authority to act on the COUNTY'S behalf on all
matters concerning Employee Benefits Consulting Services.
3.3 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR.
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Section 4. TERM OF AGREEMENT
4.1 The initial contract term will be for five (5) years beginning January 1, 2027, renewable
at the County's option for two (2) additional consecutive 1-year terms.
Section 5. COMPENSATION
Annual compensation to CONTRACTOR throughout the term of this Agreement (the "Contract
Price") is as follows:
Section 6. PAYMENT TO CONTRACTOR
6.1 Payment will be made according to the Florida Local Government Prompt Payment Act.
Any request for payment must be in a form satisfactory to the Clerk of Courts for Monroe County
(Clerk). The request must describe in detail the services performed and the payment amount
requested. The CONTRACTOR must submit invoices to the appropriate offices marked Benefits
Office. The respective office supervisor and the Director of Employee Services, who will review
the request, note his/her approval on the request and forward it to the Clerk for payment.
6.2 Continuation of this Agreement is contingent upon annual appropriation by Monroe
County Board of County Commissioners.
6.3 The annual compensation listed in Section 5 will be payable in monthly installments. The
Contractor will submit each invoice monthly for services provided during the preceding month.
Section 7. CONTRACT TERMINATION
Either party may terminate this Agreement because of the failure of the other party to perform its
obligations under the Agreement. COUNTY may terminate this Agreement with or without cause
upon thirty (30) days' notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for
work performed through the date of termination.
Section 8. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his response, and
this Agreement and has made a determination that he/she has the personnel, equipment,
and other requirements suitable to perform this work and assumes full responsibility
therefore. The provisions of the Agreement shall control any inconsistent provisions
contained in the specifications. All specifications have been read and carefully considered
by CONTRACTOR, who understands the same and agrees to their sufficiency for the work
to be done. Under no circumstances, conditions, or situations shall this Agreement be
more strongly construed against COUNTY than against CONTRACTOR.
B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by
COUNTY, and its decision shall be final and binding upon all parties.
21
C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by
CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with the
terms of this Agreement, and specifications covering the services.
D. CONTRACTOR agrees that County Administrator or his designated representatives may
visit CONTRACTOR'S facility (ies) periodically to conduct random evaluations of
services during CONTRACTOR'S normal business hours.
E. CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses and approvals required to conduct its business, and that it will at all
times conduct its business activities in a reputable manner. Proof of such licenses and
approvals shall be submitted to COUNTY upon request.
Section 9. NOTICES
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
To the COUNTY: Employee Services Director
1100 Simonton Street
Suite 2-268
Key West, Florida 33040
To the CONTRACTOR:
Section 10. RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the agreement and for four years following the termination of
this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid
to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant
to Section 55.03 of the Florida Statutes, running from the date the monies were paid to
CONTRACTOR.
Section 11. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-
1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf
any former County officer or employee subject to the prohibition of Section 2 of Ordinance No.
0 10- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990.
For breach or violation of this provision the COUNTY may, in its discretion, terminate this
22
agreement without liability and may also, in its discretion, deduct from the agreement or purchase
price, or otherwise recover the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
Section 12. CONVICTED VENDOR
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on an Agreement with a public entity for the construction
or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier,
subcontractor, or CONTRACTOR under Agreement with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017 of
the Florida Statutes, for the Category Two for a period of 36 months from the date of being placed
on the convicted vendor list.
Section 13. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to Agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie
in the appropriate court or before the appropriate administrative body in Monroe County, Florida.
Section 14. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement. The
COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
Section 15. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs,
as an award against the non -prevailing party. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the Circuit Court of Monroe County.
Section 16. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
23
benefit of the COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
Section 17. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
Section 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If the issue
or issues are still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida law. This
Agreement shall not be subject to arbitration.
Section 19. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, perfon-nance, or breach of this Agreement, COUNTY and CONTRACTOR
agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision of
the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party
to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
Section 20. NONDISCRIMINATION
During the performance of this Agreement, the CONTRACTOR agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, sexual orientation, gender identity, or national
origin. Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
24
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice to
be provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under section 202 of Executive Order
11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's non-compliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
Section 21. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under
this Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement.
Section 22. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, and Monroe County ordinances and policies regarding, but not limited
to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will
not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes).
25
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.
In addition to the foregoing, CONTRACTOR further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act defined by
Section 287.133, Florida Statutes, as a "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 CONUSULTANT has been placed on the convicted vendor list.
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or
CONTRACTOR is formally charged with an act defined as a "public entity crime" or has
been placed on the convicted vendor list.
Section 23. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at
its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section 24. PUBLIC ACCESS
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records
laws of the State of Florida, including but not limited to:
a. Keep and maintain public records required by Monroe County in order to perform the service.
b. Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119
or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in
possession of the contractor or keep and maintain public records required by the public agency to
perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If the contractor keeps
and maintains public records upon completion of the contract, the contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
26
provided to Monroe County, upon request from the public agency's custodian of records, in a
format that is compatible with the information technology systems of Monroe County.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT
GAELAN JONES, THE CUSTODIAN OF PUBLIC RECORDS,
AT publicrecords(a,monroecounty-fl.gov, (305) 295-3177, 1111 12'
St., Suite 408, Key West FL 33040.
Section 25. NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY
and the CONTRACTOR in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool coverage
shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
Agreement entered into by the COUNTY be required to contain any provision for waiver.
Section 26. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the COUNTY,
when performing their respective functions under this Agreement within the territorial limits of
the COUNTY shall apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
Section 27. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall
it be construed as, relieving any participating entity from any obligation or responsibility imposed
upon the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the
extent permitted by the Florida constitution, state statute, and case law.
Section 28. NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither
the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
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Agreement.
Section 29. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require,
including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a
Drug -Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non -Collusion
Agreement.
Section 30. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity, and no
member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
Section 31. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original, all of which taken together shall constitute one and the same instrument and any of
the parties hereto may execute this Agreement by signing any such counterpart.
Section 32. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
Section 33. INSURANCE POLICIES
33.1 Insurance: at all times during the term of this Agreement (including any extensions thereof), Contractor
shall maintain the Insurance as specified in this section. In the event Contractor fails to maintain all insurance
required by this section, County reserves the right to immediately terminate this Agreement or suspend all work
until the required insurance has been reinstated. Delays in completion of the work resulting from Contractor's
failure to maintain required insurance shall not cause the extension of any deadlines specified in this Agreement,
and Contractor agrees to indemnify and hold harmless the County for any and all increases in cost resulting from
such delay.
Contractor shall maintain the following coverage:
Commercial General Liability: Contractor's insurance policy shall cover, at a minimum, premises
operations, personal injury (including death), property damage, products & completed operations, and
blanket contractual liability. If coverage is provided on a Claims Made basis, Contractor's policy must
provide for claims filed during the term of this Agreement, and for twelve (12) months after its
termination or expiration. Contractor's policy shall be endorsed to name Monroe County Board of
County Commissioners as Additional Insured. The minimum limits acceptable are: $300,000 Combined
Single Limit (CSL)
• Worker's Compensation: Contractor's insurance policy shall reflect coverage and limits sufficient to meet
requirements of Chapter 440, Florida Statutes. In addition, Contractor shall maintain Employer's Liability
Insurance with limits not less than: $500,000 bodily injury by accident; $500,000 bodily injury by disease
(aggregate); $500,000 bodily injury by disease (per employee). If Contractor believes they are exempt
from providing Worker's Compensation insurance under Florida law, the Contractor must obtain an
approved Insurance Waiver form from the Monroe County Risk Manager. If the Contractor has been
recognized by the Florida Department of State as an authorized self -insurer, the County may recognize
and honor the Contractor's status. Upon request, Contractor shall be required submit a Letter of
Authorization from the Department, and may be required to periodically submit to the County current
financial statements from the self-insurance fund.
Business Auto Liability: Contractor's insurance policy shall provide coverage for all owned, non -
owned, and hired vehicles used in the performance of work under this Agreement. Contractor's policy
shall be endorsed to name Monroe County Board of County Commissioners as Additional Insured. The
minimum acceptable limit is: $300,000 Combined Single Limit (CSL). If Split Limits are provided, the
minimum acceptable limits are: $200,000 per person; $300,000 per Occurrence; $100,000 Property
Damage.
• Professional Liability (Errors & Omissions): Contractor shall maintain insurance covering the
professional services to be rendered under this agreement, including the furnishing of advice or
consultation. Contractor's insurance must, at a minimum, respond to damages resulting from any claim
arising out of the performance of professional services and any error or omission of the Contractor which
may arise from the work subject to this Agreement. If coverage is provided on a claims made basis, an
extended claims reporting period of four (4) years shall be required. The minimum acceptable limits of
liability are: $1,000,000 per Occurrence; $2,000,000 Aggregate.
Prior to commencement of work under this Agreement, Contractor shall provide to the County Risk Manager
satisfactory evidence of the required insurance, which may be an Certificate of Insurance or a copy of the
insurance policy. The County reserves the right to request a certified copy of Contractor's insurance policy. Any
deviation from the insurance requirements specified herein must be approved by the County's Risk Manager on
an approved Insurance Waiver Form. Insurance Waivers may be requested from the Risk Management
Department: Tel: (305) 292-3470; Eml: risk managementkmonroecounty-fl.gov.
Section 34. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions,
Officers, and the Employees, and any other agents, individually and collectively, from all fines,
suits, claims, demands, actions, costs, obligations, attorney's fees, or liability of any kind arising
out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay
caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and
answerable for any and all accidents or injuries to persons or property arising out of its performance
of this contract. The amount and type of insurance coverage requirements set forth hereunder shall
in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the
CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole
negligent act of the CONTRACTOR.
At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and
29
not an employee of the Board of County Commissioners. No statement contained in this agreement
shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors,
servants or agents to be employees of the Board of County Commissioners for Monroe County.
As an independent contractor the CONTRACTOR shall provide independent, professional
judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations
applicable to the services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan,
supporting data, and other documents prepared or compiled under its obligation for this project,
and shall correct at its expense all significant errors or omissions therein which may be disclosed.
The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any
damage incurred by the COUNTY as a result of additional costs caused by such errors shall be
chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records,
contracts, or other data that may be provided by the COUNTY or other public or semi-public
agencies.
The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any
delays or hindrances attributable to the COUNTY during the progress of any portion of the services
specified in this contract. Such delays or hindrances, if any, shall be compensated for by the
COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the
work schedule. Such an agreement shall be made between the parties.
Section 34. Exhibits
Exhibit A, Scope of Services, and Exhibit B, HIPAA Business Associate Agreement, are
incorporated into this Agreement as though fully set forth herein.
Section 35. FEDERAL CONTRACT PROVISIONS REQUIRED BY 2 CFR PART 200 ET
SEQ.
A. AUDIT OF RECORDS
Contractor shall grant to the County, DEM, FEMA, the Federal Government, and any other
duly authorized agencies of the Federal Government or the County where appropriate the
right to inspect and review all books and records directly pertaining to the Contract
resulting from this RFP 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 shall be made
available during normal working hours for this purpose.
In the event that FEMA. DEM, or any other Federal or State agency, or the County, issues
findings or rulings that the amounts charged by the Contractor, or any portions thereof,
were ineligible or were non -allowable under federal or state Law or regulation, Contractor
may appeal any such finding or ruling. If such appeal is unsuccessful, the Contractor shall
agree that the amounts paid to the Contractor shall be adjusted accordingly, and that the
Contractor shall, within 30 days thereafter, issue a remittance to the County of any
payments declared to be ineligible or non -allowable.
Contractor shall comply with federal and/or state laws authorizing an audit of
Contractor's operation as a whole, or of specific Project activities.
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Under no circumstances shall advertising or other communications with the media be
presented in such a manner as to County or imply that the Contractor or the Contractor's
services are endorsed by the County.
B. FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions as set forth in
Appendix II to Part 200, as amended, including but not limited to:
1. Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387) and will reports violations to
FEMA and the Regional Office of the Environmental Protection Agency (EPA).
2. Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the 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, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
3. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended —Contracts and subgrants of amounts in excess of
$150,000 must comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act
as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA).
4. Debarment and Suspension (Executive Orders 12549 and 12689)A contract
award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide
exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,
p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "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.
5. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier certifies to
the tier above that it 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. 1352. Each tier must also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non -Federal award.
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6. The Contractor 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
Contractor during the term of the Contract and shall expressly require any subcontractors
performing work or providing services pursuant to the Contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the Contract term.
7. No Obligation by Federal Government. The federal government is not a party to
this contract and is not subject to any obligations or liabilities to the non -Federal entity,
contractor, or any other party pertaining to any matter resulting from the contract.
8. Program Fraud and False or Fraudulent Statements or Related Acts. The
Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False
Claims and Statements) applies to the Contractor's actions pertaining to this contract.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day of 2026.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE
NOTARIZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
(SEAL)
Attest: Kevin Madok, Clerk of Monroe
County, Florida
As Deputy Clerk
Date:
(CORPORATE SEAL)
By:
Printed Name:
Title:
Date:
Monroe County Board of County
Commissioners
Date:
Contractor
By:
Printed Name:
Title:
Date:
Mayor
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EXHIBIT A: SCOPE OF SERVICES
A. Scope
Successful Proposer shall provide all personnel, materials, equipment, facilities and travel
expenses for providing consulting services for the County's group benefit program for employees,
dependents, and retirees. Services shall include analyzing the current group benefit program,
providing alternatives and recommending cost savings to the County and covered members,
advising of trends with providers, local public sector entities, group benefit programs, and
legislative changes.
The primary goals of the County group benefits program are to provide competitive benefits to
employees and improve the long-term health of employees. The Consultant will assist the County
in reaching these goals of maximizing benefits while containing cost through on- going review
and analysis of plans and available options.
B. General Requirements
1. Successful Proposer's account manager/consultant (hereinafter in this Scope referred to
as Consultant) shall assist the County with the annual evaluation and contract renewal process
including negotiations with providers.
2. Consultant shall assist the County with requests for proposals including assisting in the
preparation of specifications, providing technical expertise for the evaluation of proposals, and
assisting with the transition and implementation of selected programs.
3. Consultant shall attend or be available to attend all staff, proposal evaluation and County
Commission meetings regarding benefits providers during the solicitation and negotiation process,
either in person or by telephone, at the election of the County.
4. Consultant shall assist with the planning and implementation of new benefits plans.
5. Consultant shall provide other consulting services including employee benefit surveys,
assisting with annual enrollment periods and providing written and oral presentations to County
Commission, administration, boards, committees and unions.
6. The successful Proposer shall have a current insurance license issued by the Florida
Department of Financial Services at all times during the term of the Agreement.
7. Consultant shall respond to inquiries from the County within twenty-four hours of contact to,
acknowledge receipt of the inquiry and schedule time to discuss, respond to the issue/question, or
determine if urgency exists for resolution. If the Consultant is not available, it is expected that
another knowledgeable Consultant would be available to assist the County on any issues that arise.
8. Consultant's primary contact within the County shall be Senior Employee Benefits
Administrator.
9. Successful Proposer and/or Consultant shall not have any contractual obligations with the
County contracted employee insurance providers that would present a conflict of interest and
therefore preclude successful Proposer from providing services to the County.
10. Consultant shall keep the County informed of current trends, healthcare breakthroughs,
issues, compliance requirements, legislative issues, training requirements or topics of interest
related to employee benefits, health, and wellness through a monthly communication and/or
report due on or before the tenth of each month. Consultant shall keep the County informed of
changes in statutory and regulatory guidelines affecting health insurance and other benefits. The
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Consultant shall review pending legislation and trends in health insurance and other benefits and
report to the County of any impact it may have on existing or future benefits.
11. Upon request the County successful Proposer shall, at its own expense, reproduce insurer
benefits plan materials and deliver to the County for distribution.
C. Plan Reviews
1. A minimum of three times per year, Consultant shall provide a medical insurance full benefits
plan performance review, which shall include an analysis of current year as compared to the prior
year and aprojection of future performance. Review shall include, but is not limited to: claims,
plan enrollment, large claim review, and other key information to evaluate plan effectiveness.
Analysis shall include strategies for the up -coming Benefits Plan Year to control costs and to
maintain plan effectiveness and market competitiveness. Upon request by the County,
Consultant shall provide a limited benefit plan performance review for specific areas of concern
in addition to the full benefit plan performance review.
2. Within ninety days after the end of each benefits plan year (calendar year), the Consultant
will provide a formal report to the County of the preceding benefits plan year with details of each
benefit plan and its performance that is bound and includes accurate data from the County's benefit
plan providers. The report and review process shall be comprehensive in nature and include
information pertinent to the County to evaluate all aspects of the benefits plans and identify
areas in which change to plan structure could further enhance plan benefits in areas such as
types of coverage, market competitiveness of plan, contributions structure, and trends. At the
County's discretion, benefits plan providers may be invited to participate in the annual plan
review and analysis process.
3. Upon request by the County, Consultant shall assist Employee Services Department in
reviewing group benefits plan costs to include the preparation of routine group benefits plan
management reports which identify and prepare a critical factors analysis to identify cost drivers;
monitor the sufficiency of rates; review of benefits plan designs to determine the propriety of the
benefits plan wording and to determine areas whereby the benefits plan designs might be adjusted
to enhance the economy and efficiency of the respective benefit plan; and determine future
strategies to control costs. These strategies may include medical and pharmacy plan design
analysis that identifies the potential cost savings of increased deductibles, co -payments, co-
insurance, out-of-pocket maximums and other plan structure changes.
4. During the renewal of benefits plans Consultant will provide the following services:
a. Provide analysis of renewal of the current plan, reviewing past performance.
b. Provide an analysis of all renewal alternative proposals from the current benefits plan
provider.
c. Review additional available cost saving plan alternatives and create funding
options.
d. Make a presentation of renewal alternatives to County representatives along with a
recommendation and rationale.
e. Assist with budget projections on future costs of benefit programs to include the
determination of contribution structures for the County and for active employees, retirees
and COBRA participants; assisting with plan/claim projections or forecasts for all
health or wellness related costs; and plan and develop or create cost savings measures or
recommendations necessary for future plan performance.
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D. Budget Preparation
1. In conjunction with the fiscal year budget preparation process, the Consultant will assist
County staff in budget planning for employee benefits for items such as determining contribution
structures for the County for both its active and retired employees; assisting in plan/claim
projections or forecasts for all health and wellness related costs; and developing/creating cost
savings measures or recommendations necessary for future plan performance. Upon request by the
County, Consultant will be required to participate in County meetings with the Budget Team,
Employee Services Director, and staff to justify cost projections or needs.
2. Each year during the budget preparation process, the Consultant shall provide to the County
an estimate of the recommended funding levels for IBNR (Incurred But Not Reported claims)
reserves based on a formula that is consistent with industry standards. The estimate may also
include options to funding levels. Consultant will provide data, information and recommendations
to assist the County making decisions for the amount to include in the IBNR fund.
3. The Consultant shall assist the County in obtaining an actuary attestation for annual funding
requirements and support for the County's annual filing required by Florida Statute 112.08.
E. Evaluation of Current Plans and Review/Evaluate Plan Proposals
At a minimum the Consultant shall provide the services detailed below during the first 45 days of
the Agreement term. Additional reporting or analysis that the Consultant deems necessary and
will benefit the County in making a sound financial decision regarding their plan programs may
also be proposed.
1. Perform an analysis of the County's current group benefits plans to become familiar with
history of the County and its claims trends. This analysis shall include group health, vision,
dental, life insurances, EAP program and AD&D coverage. Included in this analysis, Consultant
shall review each existing insurance Summary Plan Description, binder, certificate or other
insuring documents and all endorsements affecting coverage and/or price, to ensure they are
complete, correct and in compliance with all applicable laws and regulations.
2. Assist the Employee Services Department in developing a benefit vs. cost factor analysis
to evaluate its self -funded health insurance plan. Any additional staffing resources required to
assist Consultant in conducting this analysis must have a minimum of two years of experience in
evaluating third party administrative services and making recommendations for improvements.
3. Consultant shall assist the County in the development of the final agreement with the
insurance carrier(s) or third party administrators and County during the negotiations process.
F. Open Enrollment Services
On an annual basis as part of the plan enrollment process, Consultant shall provide the following
services:
1. Coordinate the County employee open enrollment with the benefits plan providers following
finalization of negotiations with the providers for the upcoming plan year.
2. Assist the County with employee education regarding benefits plans, communicating benefit
plan changes, and with the electronic benefits open enrollment processes; including conducting in -
person open enrollment online support and providing bilingual representation.
35
3. Draft an Annual Employee Benefit Guide (Guide) and submit to the County for review
and approval.
4. Upon completion of County review, finalizing and publishing the Guide. Consultant shall
provide the County Employee Services Department with an electronic copy of the Guide in English
and Spanish and up to 100 paper copies of English and up to 20 copies of Spanish guides.
5. Participate in the County's annual benefits plan open enrollment meetings and attend up to
fifteen, sixty -minute informational sessions for employees and retirees on different days and times
during the plan period. The County reserves the right to video one or more of these informational
sessions for future use or placement on the County Intranet. Consultant will be responsible for
the agenda, handouts, and power -point presentation for the informational sessions and must be
prepared to answer questions and explain the benefits plans and options to attendees.
D. On -Going Services
At the start of each benefits plan year, the County will provide a schedule for the provision of on-
going services and the deadlines from completion. Consultant will provide the following on-
going services:
1. Manage the supplier negotiations for renewal of benefit plan agreements in close
coordination with the County's Employee Benefits staff.
2. Review, verify, and provide analytical recommendations to ensure due diligence on
financial proposals and projections for benefit plan agreement renewals.
3. Review of benefits provider agreements with the County Attorney's Office and Employee
Services Department for acceptance and approval.
4. Assist in preparation of documentation for presentation to County Commission regarding the
benefits plan agreements.
5. Provide recommendations to County for consideration regarding benefits plans for
contributions.
6. Review plans and amendments to ensure they are compliant with State and federal laws and
meet the County's requirements. The Consultant shall work with benefits plan providers to
correct any compliance or requirements deficiencies prior to sending the amendments to the
County for review. Consultant shall complete modifications prior to the beginning of the benefits
plan year and forward to the County for review. Final approval of such amendments is at the
sole discretion of the County. The Consultant shall guarantee all agreements and amendments
are complete and finalized.
7. Review employee benefit communications materials developed by the County, and/or its
benefits plan providers to ensure such communications accurately reflect the terms of the
benefits plans. Final approval of such documents is at the sole discretion of the County.
8. Inform the County of current issues in the area of benefits law and administration
including advice regarding HIPAA, COBRA, Medicare, Affordable Care Act HealthCare
Reform and other similar state and federal laws that govern group insurance programs.
9. Utilize its company staff and/or sub -consultants, including a licensed actuary with at least
ten years of experience with public sector clients and/or employee benefit legal counsel, to assist
with interpretation of law and administration at no additional cost to the County.
10. Act as a liaison between the County and insurance benefit providers. Consultant must have
access to a large number of carriers (especially the major carriers).
11. Assist the County's Employee Services Department with the dispute, change and/or
reconciliation of benefits provider's billing and other performance issues.
12. Upon request by the County assist with other agreed upon special services.
13. Any additional reporting or analysis that Consultant deems will benefit the County in
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making decisions regarding benefits plans.
14. Provide access to Employee Benefits Team to educational webinars offered by firm and
access to the firms' educational library at no cost.
15. Upon request by the County, conduct special project/evaluation up to $ 25,000.00 in value
at no additional cost to the County.
16. Employee Benefits Team to receive invitation to all educational/training summits,
conference and/or seminar offered to include registration fees, accommodation cost, and any
meals offered at the event. County attendees would be responsible for travel costs to and from
offered event.
E. Actuarial Evaluation
Upon request by the County, successful Proposer will assist the County in actuarial evaluation and work
closely with the Employee Services Department and Finance department with filing the County's
annual GASB 75.
F. Other Services
1. Wellness Program. The current Program is focused on changing employee behaviors to
improve their lifestyle and reduce health risks. The Consultant will assist the County with
enhancing its Wellness Program. The expectation is that the benefits under the Wellness Program
will continue to expand and gain momentum. As such, the Consultant shall assist the County in
reviewing the effectiveness of the Program, establishing recommendations for future components
and assisting in overall Program management. The Consultant shall assist the County in
implementation of a strategic wellness plan annually and attend any Wellness Committee
planning meetings. Consultant shall make recommendations for the County's Wellness Program
and assist with the marketing strategy and implementation planning for the Program.
Strategic Planning and Goal Setting. The Consultant will assist the County with its benefits and
wellness initiatives and plans that focus on the business aspects of fiscal responsibility.
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Exhibit B
HIPAA BUSINESS ASSOCIATE AGREEMENT
This HIPAA Business Associate Agreement ("Agreement") is entered into as of
_, 2026 (`Effective Date") by and between Monroe County, Florida, a business subdivision of
the State of Florida ("Covered Entity"), and a
formed under the laws of the State of and doing business within the State of
("Business Associate").
RECITALS
WHEREAS, Business Associate provides certain services to Covered Entity that involve the use
and/or disclosure of Protected Health Information ("PHI"); and
WHEREAS, Covered Entity is a "covered entity" as defined in the Health Insurance Portability
and Accountability Act of 1996 ("HIPAA") and the regulations promulgated thereunder;
WHEREAS, Business Associate is a "business associate" as defined in HIPAA and the HIPAA
Rules (as defined below); and
WHEREAS, Covered Entity is required under HIPAA to obtain satisfactory assurances that
Business Associate will appropriately safeguard PHI it receives, creates, maintains, or transmits
on behalf of Covered Entity.
NOW, THEREFORE, in consideration of the mutual promises set forth herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. Definitions
1.1 "HIPAA Rules" means, collectively, the Privacy Rule, Security Rule, Breach Notification
Rule, and Enforcement Rule at 45 C.F.R. Parts 160 and 164.
1.2 "Business Associate" has the meaning set forth at 45 C.F.R. § 160.103 and, for purposes of
this Agreement, refers to the entity identified above as Business Associate.
1.3 "Covered Entity" has the meaning set forth at 45 C.F.R. § 160.103 and, for purposes of this
Agreement, refers to the entity identified above as Covered Entity.
1.4 "Protected Health Information" or "PHI" has the meaning set forth at 45 C.F.R. § 160.103, and
for purposes of this Agreement includes all individually identifiable health information created,
received, maintained, or transmitted by Business Associate on behalf of Covered Entity, in any
form or medium.
1.5 `Electronic Protected Health Information" or "ePHI" means PHI that is transmitted or
maintained in electronic media, as defined at 45 C.F.R. § 160.103.
1.6 "Breach" has the meaning set forth at 45 C.F.R. § 164.402, and refers to the acquisition, access,
use, or disclosure of unsecured PHI in a manner not permitted under the HIPAA Rules that
compromises the security or privacy of the PHI.
1.7 "Unsecured PHI" has the meaning set forth at 45 C.F.R. § 164.402, and refers to PHI that is
not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use
of a technology or methodology specified by the Secretary of the U.S. Department of Health and
Human Services ("HHS").
1.8 "Security Incident" has the meaning set forth at 45 C.F.R. § 164.304.
1.9 "Secretary" means the Secretary of HHS or the Secretary's designee.
1.10 Capitalized terms used but not otherwise defined in this Agreement shall have the meanings
given to them in the HIPAA Rules.
2. Obligations and Activities of Business Associate
2.1 Permitted Use and Disclosure. Business Associate shall not use or disclose PHI other than as
permitted or required by this Agreement, as permitted or required by applicable law, or as
otherwise authorized in writing by Covered Entity.
2.2 Safeguards. Business Associate shall use appropriate administrative, physical, and technical
safeguards, including a risk analysis and risk management program, access controls, and workforce
security measures, to prevent the use or disclosure of PHI other than as provided for by this
Agreement. With respect to ePHI, Business Associate shall comply with the applicable
requirements of the Security Rule at 45 C.F.R. Part 164, Subpart C.
2.3 Mitigation. Business Associate shall mitigate, to the extent practicable, any harmful effect that
is known to Business Associate of a use or disclosure of PHI by Business Associate or its
employees, agents, or subcontractors in violation of this Agreement or the HIPAA Rules.
2.4 Reporting of Breaches and Security Incidents. Business Associate shall report to Covered
Entity any Breach of Unsecured PHI in accordance with 45 C.F.R. § 164.410 and any Security
Incident that results in unauthorized access, use, or disclosure of PHI. Such report shall be made
without unreasonable delay and in no case later than [X] calendar days after discovery of the
Breach or Security Incident. The report shall include, to the extent available, the information
required by 45 C.F.R. § 164.410(c), and any additional information reasonably requested by
Covered Entity.
2.5 Subcontractors and Agents. Business Associate shall ensure that any subcontractor, agent, or
other third party to whom it provides PHI on behalf of Covered Entity agrees in writing to the
same restrictions, conditions, and requirements that apply to Business Associate with respect to
such PHI, including compliance with the applicable provisions of the HIPAA Rules.
2.6 Access to PHI. To the extent Business Associate maintains PHI in a Designated Record Set,
Business Associate shall make such PHI available to Covered Entity, or, at Covered Entity's
direction, to the individual who is the subject of the PHI, in order to meet Covered Entity's
obligations under 45 C.F.R. § 164.524. Such access shall be provided within the time frames
required by the HIPAA Rules and as reasonably requested by Covered Entity.
39
2.7 Amendment of PHI. To the extent Business Associate maintains PHI in a Designated Record
Set, Business Associate shall make such PHI available for amendment and shall incorporate any
amendments to PHI as directed by Covered Entity in accordance with 45 C.F.R. § 164.526.
2.8 Accounting of Disclosures. Business Associate shall maintain and, within a reasonable time
following Covered Entity's written request, provide to Covered Entity such information as is
necessary to permit Covered Entity to provide an accounting of disclosures of PHI in accordance
with 45 C.F.R. § 164.528.
2.9 Internal Practices, Books, and Records. Business Associate shall make its internal practices,
books, and records relating to the use and disclosure of PHI received from, or created or received
by Business Associate on behalf of, Covered Entity available to the Secretary for purposes of
determining Covered Entity's compliance with the HIPAA Rules. To the extent permitted by law,
Business Associate shall promptly notify Covered Entity of any such request, unless such notice
is prohibited by law.
2.10 Compliance with Law. Business Associate shall comply with the HIPAA Rules and any other
applicable federal or state laws and regulations governing the privacy or security of PHI, including
any amendments to HIPAA or such laws that affect Business Associate's obligations under this
Agreement.
3. Workforce Training and Security Awareness
3.1 HIPAA Privacy Training. Business Associate shall provide training on the requirements of the
HIPAA Privacy Rule and on Business Associate's related policies and procedures to all members
of its workforce who create, receive, maintain, or transmit PHI on behalf of Business Associate.
Such training shall be provided as necessary and appropriate for the members of the workforce to
carry out their functions, in accordance with 45 C.F.R. § 164.530(b)(1) of the HIPAA Privacy
Rule. Business Associate shall document that the training has been provided.
3.2 Security Awareness and Training. Business Associate shall implement a security awareness
and training program for all members of its workforce, including management, in accordance with
45 C.F.R. § 164.308(a)(5) of the HIPAA Security Rule. Such program shall include, as appropriate,
security reminders, protection from malicious software, log -in monitoring, and password
management. Business Associate shall document that such training and related security measures
have been implemented.
4. Permitted Uses and Disclosures by Business Associate
4.1 Services for Covered Entity. Except as otherwise limited by this Agreement or applicable law,
Business Associate may use or disclose PHI only as necessary to perform the services set forth in
the underlying agreement(s) between Covered Entity and Business Associate. In performing such
services, Business Associate shall request, use, and disclose only the minimum necessary PHI
required to accomplish the intended purpose, consistent with 45 C.F.R. § 164.502(b).
4.2 Use for Proper Management and Administration. Business Associate may use PHI for its
proper management and administration or to carry out its legal responsibilities, provided that such
use is permitted by the HIPAA Rules and applicable law.
.o
4.3 Disclosures for Proper Management and Administration. Business Associate may disclose PHI
for its proper management and administration or to carry out its legal responsibilities, provided
that (a) the disclosures are required by law, or (b) Business Associate obtains reasonable
assurances from the person to whom the PHI is disclosed that the PHI will be held confidentially
and used or further disclosed only as required by law or for the purpose for which it was disclosed,
and that the person will notify Business Associate of any instance of which it becomes aware in
which the confidentiality of the PHI has been breached.
4.4 De -identified Information. Business Associate may de -identify PHI in accordance with 45
C.F.R. § 164.514(a)—(c). PHI that has been de -identified in accordance with such regulations is no
longer subject to this Agreement, and Business Associate may use or disclose such de -identified
information for any lawful purpose, provided that Business Associate does not attempt to re-
identify the information or contact the individuals who are the subject of the information.
4.5 Prohibited Uses and Disclosures. Business Associate shall not sell PHI or use PHI for
marketing or fundraising purposes in a manner that would violate the HIPAA Rules or other
applicable law if done by Covered Entity, unless expressly authorized in writing by Covered Entity
and, if required by law, by the individual whose PHI is used or disclosed.
5. Term and Termination
5.1 Term. This Agreement shall become effective as of the Effective Date and shall remain in
effect until terminated in accordance with this Section 5 or the termination or expiration of all
underlying service agreement(s) between Covered Entity and Business Associate, whichever
occurs first.
5.2 Termination for Cause. Covered Entity may terminate this Agreement and any related services
agreement(s) immediately if it determines that Business Associate has materially breached this
Agreement and Business Associate has not cured the breach within thirty (30) days after receiving
written notice from Covered Entity specifying the nature of the breach, if the breach is reasonably
capable of cure. If cure is not possible, Covered Entity may terminate this Agreement immediately
upon written notice to Business Associate.
5.3 Other Termination Rights. Business Associate may terminate this Agreement upon written
notice to Covered Entity if Business Associate reasonably detenmines that continuing to perform
under this Agreement would cause Business Associate to violate the HIPAA Rules or other
applicable law and the parties are unable, after good faith negotiations, to amend this Agreement
to prevent such violation.
5.4 Obligations of Business Associate Upon Termination. Upon termination or expiration of this
Agreement for any reason, Business Associate shall, with respect to PHI received from Covered
Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, (a)
retain only that PHI which is necessary for Business Associate to continue its proper management
and administration or to carry out its legal responsibilities; (b) return to Covered Entity or, if agreed
to by Covered Entity, destroy all remaining PHI that Business Associate still maintains in any
form; (c) continue to use appropriate safeguards and comply with the HIPAA Rules with respect
to such PHI for as long as Business Associate retains it; and (d) not use or disclose such PHI other
than for the purposes that make the return or destruction infeasible, or as required by law.
5.5 Infeasibility of Return or Destruction. If Business Associate determines that returning or
41
destroying PHI is infeasible, Business Associate shall provide to Covered Entity written
notification of the conditions that make return or destruction infeasible. If Covered Entity agrees
that return or destruction of PHI is infeasible, Business Associate shall extend the protections of
this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes
that make the return or destruction infeasible, for so long as Business Associate maintains such
PHI.
5.6 Reporting to HHS. If Covered Entity determines that termination of this Agreement is not
feasible, Covered Entity shall report the violation to the Secretary, in accordance with 45 C.F.R. §
164.504(e)(1)(ii).
6. Miscellaneous
6.1 Amendment. The parties agree to take such action as is necessary to amend this Agreement
from time to time as may be required to comply with the requirements of HIPAA, the HIPAA
Rules, and any other applicable law or regulation. Any such amendment shall be in writing and
signed by both parties.
6.2 Survival. The respective rights and obligations of Business Associate and Covered Entity under
this Agreement that, by their nature, are intended to survive termination or expiration of this
Agreement, including without limitation the provisions of Sections 2, 3, 4, 5.4, 5.5, and this Section
6, shall survive such termination or expiration.
6.3 Interpretation. Any ambiguity in this Agreement shall be resolved to permit compliance with
the HIPAA Rules. In the event of a conflict between the terms of this Agreement and the terms of
any other agreement between the parties, this Agreement shall control with respect to the subject
matter of this Agreement and the parties' respective obligations regarding PHI.
6.4 Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida, without regard to its conflict -of -law principles, except to the extent
preempted by federal law including HIPAA.
6.5 Indemnification. Business Associate shall indemnify, defend, and hold harmless Covered
Entity and its directors, officers, employees, and agents from and against any and all claims,
damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of
or relating to (a) Business Associate's breach of this Agreement; or (b) Business Associate's
violation of the HIPAA Rules or other applicable law relating to PHI, except to the extent caused
by Covered Entity's negligence or willful misconduct.
6.6 Entire Agreement. This Agreement, together with the underlying service agreement(s) between
Covered Entity and Business Associate, constitutes the entire agreement between the parties with
respect to the subject matter hereof and supersedes all prior or contemporaneous agreements,
proposals, and communications, whether oral or written, relating to such subject matter.
6.7 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed
an original and all of which together shall constitute one and the same instrument. Signatures
provided by facsimile, electronic, or digital means shall be deemed to be original.
42
IN WITNESS WHEREOF, the parties hereto have executed this Business Associate Agreement
as of the Effective Date.
Contractor: Covered Entity:
Monroe County, Florida
By: By:
Name: Name: Michelle Lincoln
Title: Title: Mayor
Date: Date:
43
SECTION THREE: COUNTY AND INSURANCE RESPONSE FORMS
RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONER
c/o Purchasing Department 1100 Simonton Street
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No. (s):
I have included:
❑ Lobbying and Conflict of Interest Clause ❑ Non -Collusion Affidavit
❑ Drug Free Workplace Form ❑ Public Entity Crime Statement
❑ Vendor Certification Re Scrutinized Companies ❑ Indemnification & Insurance Requirements
❑ Affidavit Attesting to Noncoercive Conduct for Labor or Services
❑ Local Preference Form (optional, if applicable)
In addition, I have included a current copy of the following professional licenses:
If the applicant is not an individual (sole proprietor), please supply the following
information:
APPLICANT ORGANIZATION:
(Registered business name must appear exactly as it appears on www.sunbiz.org)
Any applicant other than an individual (sole proprietor) must submit a printout of the "Detail by
Entity Name" screen from Sunbiz, and a copy of the most recent annual report filed with the
Florida Department of State, Division of Corporations.
Annual Fee for services included in Contract: S
The fee is an all-inclusive cost. No additional costs or fees will be paid, including but not limited to travel
costs, per diems, telephone/copy/postage/facsimile charges.
(Check mark items above, as reminder that they are included)
Mailing Address:
Signed:
Witness:
Telephone:
Fax:
Date:
(Print Name)
STATE OF:
COUNTY OF:
(Title)
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on
(date) by
personally known to me or has produced _
of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
(name of affiant). He/She is
(type
'LI
11II CCIlUr,tT'Y' :�
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
LOBBY AND CONFLICT OF INTEREST ETHICS CLAUSE
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or
any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For
breach or violation of this provision the County may, in its discretion, terminate this
Agreement without liability and may also, in its discretion, deduct from the Agreement or
purchase price, or otherwise recover, the full amount of any fee, commission, percentage,
gift, or consideration paid to the former County officer or employee.'
Date:
STATE OF:
COUNTY OF:
(Signature)
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization,
on (date) by
(name of affiant). ❑ He ❑ She is personally known
to me or has produced (type of identification)
as identification.
NOTARY PUBLIC
My Commission Expires:
NON -COLLUSION AFFIDAVIT
I, of the city of according to law on
my oath, and under penalty of perjury, depose and say that
a. I am of the firm of
the bidder
making the Proposal for the project described in the Request for
Proposals for
and that I executed the said
proposal with full authority to do so;
b. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
C. unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
d. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
e. the statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements
contained in this affidavit in awarding contracts for said project.
Date:
STATE OF:
COUNTY OF:
(Signature)
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or
❑ online notarization, on (date) by
(name of affiant). ❑ He ❑ She is personally known
to me or has produced (type of identification)
as identification.
NOTARY PUBLIC
My Commission Expires:
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute Section 287.087 hereby
certifies that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
the workplace and specifying the actions that will be taken against employees for
violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business'
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.
3. Gives each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a
condition of working on the commodities or contractual services that are under bid,
the employee will abide by the terms of the statement and will notify the employer of
any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893
(Florida Statutes) or of any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Imposes a sanction on or requires 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.
6. Makes a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
Date:
STATE OF:
COUNTY OF:
(Signature)
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or
❑ online notarization, on (date) by
(name of affiant). ❑ He ❑ She is personally
known to me or has produced (type of identification)
as identification.
NOTARY PUBLIC
My Commission Expires:
PUBLIC ENTITY CRIME STATEMENT
"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, proposal, or reply on a contract to provide any
goods or services to a public entity, may not submit a bid, proposal, or reply on a contract
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 CONTRACTOR, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list."
have read the above and state that neither (Respondent's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
Date:
STATE OF:
COUNTY OF:
(Signature)
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or
online notarization, on
date) by
(name of affiant). ❑ He ❑ She is personally
known to me or has produced (type of identification)
as identification.
NOTARY PUBLIC
My Commission Expires:
MONROE COUNTY, FLORIDA
Request For Waiver
Of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved Not Approved
Date:
53
Board of County Commissioners appeal:
Meeting Date:
BIDDER SIGNATURE
Approved Not Approved
54
Project Description(s
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
City: State:
Phone Number
Email Address:
Zip:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or
renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the
Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in
a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal
for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in
Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the
Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized Companies
with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject
company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the COUNTY may
be terminated, at the option of the COUNTY, if the company is found to have submitted a false certification or has been
placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List or been engaged in business operations in Cuba or Syria.
Certified By:
behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
Note: The List are available at the following Department of Management Services Site:
who is authorized to sign on
111tp/wwwimsn11orida.�om/bUSiness operations/ytt�.....pvdorl6rain/conicteended discrumn _ a.... m...
atoI. 4omplarnts vendor lists
55
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative:
Address:
City:
Phone Number:
Email Address:
State:
Zip:
(Name and Title)
As a nongovernmental entity executing, renewing, or extending a contract with a government entity,
Vendor
is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for
labor or services in accordance with Section 787.06, Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person
without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or services
are pledged as a security for the debt, if the value of the labor or services as reasonably assessed
is not applied toward the liquidation of the debt, the length and nature of the labor or service are
not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or
purported passport, visa, or other immigration document, or any other actual or purported
government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to
any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does
not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has
reviewed Section 787.06, Florida Statutes, and agrees to abide by same.
Certified By:
to sign on behalf of the above referenced company.
Authorized Signature:
Print Name:
Title
who is authorized
56
FOREIGN ENTITIES AFFIDAVIT F.S. 287.138
I, of the city of according to law on my
oath, and under penalty of perjury, depose and say that:
a. I am of the firm of
("Entity"), the bidder making
the Proposal for the project described in the Request for Proposals for Virtual Primary
Care & Urgent Care Services, and that I executed the said proposal with full authority to
do so.
b. In accordance with section 287.138, Florida Statutes, the Entity is not owned by the
government of a Foreign Country of Concern, as that term is defined in F.S. 287.138, is
not organized under the laws of nor has its Principal Place of Business in a Foreign
Country of Concern, and the government of a Foreign Country of Concern does not have a
Controlling Interest in the entity.
c. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization,
on (date) by (name of affiant).
He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
57
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Sec. 2-349, Monroe County Code must complete this
form.
Name of Proposer/Responder Date:
1
Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax
dated at least one year prior to the notice or request for bid or proposal?
(Please furnish copy.)
Collector
2. Does the vendor have a physical business address located within Monroe County from which the vendor
operates or performs business on a day to day basis that is a substantial component of the goods or
services being offered to Monroe County? The physical business
address must be registered with the Florida Department of State as its principal place of business for at
least one year prior to the notice of request for bids or proposals. (Please furnish copy of Florida
Department of State Detail by Entity Name sheet showing Principal Address)
List Address:
Telephone Number:
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or
construction to local businesses meeting the criteria above as to licensing and location?
If yes, please provide:
1. Copy of receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor
dated at least one year prior to the notice or request for bid or proposal.
2. Subcontractor address within Monroe County from which the subcontractor operates:
Tel. Number
Print Name:
Signature and Title of Authorized Signatory for Bidder/Responder:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on
(date) by (name of affiant). He/She is
personally known to me or has produced (type
of identification) as identification.
NOTARY PUBLIC
My Commission Expires: