Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 07/12/2016 Item #16E4
7/12/2016 16.E.4. EXECUTIVE SUMMARY Recommendation to award Request for Proposal#16-6615,"Biometric Testing"to Midland Health Services,Inc.(Fiscal Impact$349,800) OBJECTIVE: To provide biometric testing services in support of the Invest in Your Health wellness program. CONSIDERATION: Since 2009, the Risk Management Division has administered a wellness based incentives program as part of the Group Health Insurance Plan. The program includes various participation incentives known as "qualifiers", which, if completed will qualify members for the Select or Premium Health Plan. Participation rates have consistently exceeded 93% (Select Plan or above) with participation in the Premium Plan exceeding 85%. The primary qualifier is the "biometric testing" qualifier. It involves the completion of a laboratory profile blood test including biometric measurement (weight, height, waist, calculated BMI, and blood pressure). This test is incorporated into a Personal Health Profile Report to measure the individual health risks of the participant. In order to qualify for the Select Plan, the employee must complete this screening and meet with an onsite Health Advocate to review the report. The report is also used by the member's physician for diagnostic purposes during their physical examination and thus, serves a dual purpose. Currently, this service is provided by Quest Diagnostics. The current agreement terminates on September 30,2016. The County Manager appointed a selection committee and RFP# 16-6615 was solicited April 8, 2016 with 127 emails sent and proposals were received on May 8, 2016. Twenty two (22) interested vendors downloaded the solicitation. Three vendors responded to the solicitation. On May 25, 2016 the selection committee met and scored the proposals. The final ranking of the proposals was as follows: 1. Midland Health 2. Quest Diagnostics 3. BiolQ The implementation of services under the new agreement will begin upon approval by the Board in order to assure the program is ready to commence effective October 1, 2016. FISCAL IMPACT: The estimated annual cost for an employee qualifying year of 2,200 members is $349,800. Funds are budgeted within Fund 517, Group Health and Life for this program. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: That the Board of Commissioners awards Solicitation# 16-6615, "Biometric Testing" to Midland Health and authorizes the Chair to execute the attached County Attorney approved agreement. Prepared by: Jeff Walker, CPCU,ARM, Division Director,Risk Management Attachments: 1. Final Ranking 2.Agreement No. 16-6615 3. Solicitation No. 16-6615 Packet Page -1272- 7/12/2016 16.E.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.4. Item Summary: Recommendation to award Request for Proposal# 16-6615, "Biometric Testing" to Midland Health Services, Inc. Meeting Date: 7/12/2016 Prepared By Name: WalkerJeff Title: Division Director-Risk Management,Risk Management 6/10/2016 9:38:21 AM Submitted by Title:Division Director-Risk Management,Risk Management Name: WalkerJeff 6/10/2016 9:38:24 AM Approved By Name: pochopinpat Title: Operations Coordinator, Administrative Services Department Date: 6/10/2016 10:17:44 AM Name: BurnsRhonda Title: Procurement Specialist,Procurement Services Date: 6/13/2016 10:45:06 AM Name: HerreraSandra Title:Manager-Procurement,Procurement Services Date: 6/13/2016 10:53:49 AM Name: KearnsAllison Title: Manager-Financial &Operational Sprt, Capital Construction&Maintenance Budget/Fiscal Date: 6/16/2016 11:22:24 AM Name: TeachScott Packet Page -1273- 7/12/2016 16.E.4. Title:Deputy County Attorney, County Attorney Date: 6/20/2016 9:00:02 AM Name: PriceLen Title: Department Head-Administrative Svc,Administrative Services Department Date: 6/29/2016 1:39:25 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 7/1/2016 7:04:40 AM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 7/1/2016 9:32:04 AM Name: WellsLaura Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 7/5/2016 9:10:58 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 7/5/2016 1:26:29 PM Packet Page -1274- Selection Committee Cote/ CountyFinal Ranking Sheet Administralwe Serei:rs awsion r=.rorrer„em SPry-azs RFP#: 16-6615 Title: Biometric Testing Karen Sonja Corinne Alicia Liz Selection Committee Name of Firm Average Eastman Sweet Trtan Abbott Soriano Final Rank -. °; Midland Health 1 1 1 1 1 1 1.0000 Quest Diagnostics Clinical 2 3 2 2 2 2.2 2.0000 3 2 3 3 3 2.8 3.0000 (TOTAL Procurement Professional Rhonda Burns 5/25/2016 N N O 0) O) Page 1 of 1 j� 7/12/2016 16.E.4. AGREEMENT16-6615 for Biometric Testing THIS AGREEMENT, made and entered into on this day of 2016, by and between Midland Health Testing Services, Inc., authorized to do business in the State of Florida, whose business address is 12855 Lisbon Road, Brookfield, WI 53005 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing upon Board approval and terminating one (1) year from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) one (1) year additional renewal periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the services upon the issuance of a Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide biometric testing services in accordance with the terms and conditions of RFP #16-6615, Exhibit A — Scope of Services, Exhibit B — Cost of Services, and the Contractor's proposal referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 18 Agreement No. 16-6615"Biometric Testing" Packet Page-1276- 7/12/2016 16.E.4. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on the unit prices set forth in the Cost of Services, attached hereto as Exhibit B, and pursuant to the price methodology as defined in Section 4.2. 4.1 Payment will be made upon receipt of a proper invoice and upon approval by the Director of Risk Management or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 4.2 Price Methodology: Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification. Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 4.3 Any County agency may use services under this Agreement, provided sufficient funds are included in their budget(s). 4.4 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Page 2 of 18 Agreement No. 16-6615"Biometric Testing" Packet Page-1277- 7/12/2016 16.E.4. Midland Health Testing Services, Inc. 12855 Lisbon Road, Brookfield, WI 53005 Telephone: (262) 754-3130 Facsimile: (262) 754-3125 Jo A. Steinburg, President jo(a�midlandhealth.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Director of Procurement Services Division Telephone: 239-252-8407 Facsimile: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors/Subconsultants. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any Page 3 of 18 Agreement No. 16-6615"Biometric Testing" Packet Page-1278- 7/12/2016 16.E.4. such violation, conduct, or practice to the satisfaction of the County within twenty-four , (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. C. Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $500,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration Page 4 of 18 Agreement No. 16-6615"Biometric Testing" C*�O Packet Page -1279- 7/12/2016 16.E.4. date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Risk Management Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A — Scope of Services, Exhibit B — Cost of Services, Exhibit C - Health Insurance Portability and Accountability Act — Business Associate Agreement - RFP #16-6615 Biometric Testing Services and Addendum. Page 5 of 18 I 5 Agreement No. 16-6615"Biometric Testing" Packet Page -1280- 7/12/2016 16.E.4. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. 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 this chapter or as otherwise provided by law. Page 6 of 18 Agreement No. 16-6615"Biometric Testing" CLQ Packet Page -1281- 7/12/2016 16.E.4. 3. 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. 4. Upon completion of the contract, transfer, at no cost, to the public agency 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 provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation Page 7of18 Agreement No. 16-6615"Biometric Testing" C.10' Packet Page -1282- 7/12/2016 16.E.4. as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required services. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal, the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreemerrt. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in Page 8 of 18 Agreement No. 16-6615"Biometric Testing" p2 u 0 Packet Page-1283- 7/12/2016 16.E.4. which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPSAcolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Page 9 of 1& od Agreement No. 16-6615"Biometric Testing" Packet Page-1284- 7/12/2016 16.E.4. IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Donna Fila, Chairman Dated: (SEAL) Midland Health Testing Services, Inc. Contractor By: First Witness Signature TType/print witness nameT TType/print signature and titleT Second Witness TType/print witness name Approved as to'Form and Legality: Assistant County Attorney Print Name Page 10 of 18 Agreement No. 16-6615"Biometric Testing" U Packet Page-1285- 7/12/2016 16.E.4. EXHIBIT A— SCOPE OF SERVICES Midland Health Services, Inc. shall be able to perform or provide the following services, including but not be limited to: 1. Testing for venipuncture laboratory panel and biometric measurements. The panel of testing shall include the following. It is a fasting test. a. Heart: Total Cholesterol, HDL Cholesterol, Triglycerides, LDL Cholesterol, Cholesterol/HDL ratio; b. Thyroid: TSH (Thyroid Stimulating Hormone); c. Kidneys: Urea Nitrogen (BUN), Creatinine, eGFR, BUN/Creatinine Ratio; d. Bone: Calcium; e. Liver: Direct Bilirubin, GGT, ALT, Total Protein, albumin, Globulin, Albumin/Globuin Ratio, Total Bilirubin, Alkaline Phosphatase, AST; f. Pancreas: Glucose and Hemoglobin Al c; g. Whole Body: Sodium, Potassium, Chloride, White Blood Cell Count, Red Blood Cell Count, Hemoglobin, Hematocrit, MCV, MCH, MCHC, RDW, Platelet Count; h. Lungs: Cotinine (blood sample); i. Biometric Measurements: Measured Height, Weight, Blood Pressure, Waist Circumference, calculated BMI; j. Follow-up laboratory testing to include but not be limited to the following. The administration of follow up testing shall also be permitted through the County's onsite medical clinics. i. Serum Cotinine ii. Hemoglobin Al c iii. Lipid Panel iv. Combination test of Hemoglobin Al c + Lipid Panel v. Prostate-Specific Antigen (PSA) Test vi. Other laboratory as may be appropriate. 2. The communication to participants with critical results shall be included in both the administration and pricing of this panel. 3. Phlebotomy & biometric measurement administration services shall include but not be limited to the following. a. Administration oversight, scheduling and on-site staffing by highly proficient phlebotomists. The County, through CHP, shall reserve the right to approve the onsite phlebotomy staff to assure high quality. b. Opportunity for lead examiner to meet with CHP prior to first onsite event and communicate regularly to assure optimal staffing c. Data and specimen collection, testing, physician overview, results delivery and weekly coordination for approximately 2100 employees (even years) and 1200 spouses (odd years). d. Phlebotomy & biometric services shall be provided to multiple Collier County Government facility locations (15-100 participants/group clinic settings) from Page 11 of 18 Agreement No. 16-6615 "Biometric Testing" Packet Page-1286- 7/12/2016 16.E.4. January — March on a Tuesday through Friday, early morning format. On spouse year, 1 or 2 Saturday on-site events may be scheduled from January to March. e. On-site events personnel travels to locations with all screening supplies arriving one (1) hour prior to event start time for set-up. Events typically run 7-10am EST with a half hour breakdown time. Events may have a minimum of 10 participants with a maximum of 100 participants. Non-scheduled walk-ins are accommodated. An event with less than 10 scheduled participants requires special consideration. Phlebotomy team must be able to process 1 participant every 5 minutes. f. Requisitions for registered members mailed to CHP prior to events as well as blank forms to accommodate "walk-ins". g. Room setup, i.e. screens, tables and chairs shall be completed by CHP. h. Midland Health Services, Inc. shall be responsible for all other logistical matters including the timing, shipping, and scheduling of materials, supplies and equipment to scheduled locations. i. Biometric measurements for measured height and weight are recorded in US metrics (i.e. inches and pounds). Waist measurement taken on bare skin at belly button with tape measure. Manual blood pressure cuffs only with a variety of cuff sizes included from XS-XL. Blood pressure repeated up to 3 times after resting position. Measurements are never self-reported and members given opportunity to verify measurement accuracy. j. Midland Health Services, Inc. will accept "challenged" biometric measurements from the provider. A repeat measurement for BP, height, weight, waist circumference, and/or calculated BMI will be performed by the provider and sent to Midland Health Services, Inc. to update the member's personal biometric data that is sent to CHP. k. Members identified with program specific risk factors will require venipuncture re-testing mid July to September 30 for a Serum Cotinine, Hemoglobin Al c, Lipid Panel, or a combination Lipid Panel — Hemoglobin A1c. Members will use a vendor walk-in service center or the provider's MedCenters for the lab draw. Midland Health Services, Inc. will coordinate specimen pickup and processing through their laboratory processing service. All lab result data generated will be electronically transmitted to CHP as describe in Scope of Service. 4. Personal Health Report: a. Midland Health Services, Inc. shall be able to integrate laboratory findings into a personal health report in a format similar to the sample. b. All current abnormal results must be highlighted on the individualized personal health report. c. Midland Health Services, Inc. shall be able to upload laboratory values and biometric measurements from our disease management company, Community Health Partners (CHP). The personal health report must be able to incorporate comparative data (currently at 3 years historical data) for the member to measure progress. d. Midland Vendor shall be able to re-set passwords for members and provide a toll free Customer Service number and/or email chat service for members. Currently, member support available Mon-Sat. EST 7am-7pm. Page 12 of 18 Agreement No. 16-6615"Biometric Testing" r\ Packet Page-1287- 7/12/2016 16.E.4. 5. Enrollment, Reporting Services, and Data coordination shall include but not be limited to the following: a. Employees shall have the ability to enroll online via vendor's hosted website or telephonically. b. Midland Health Services, Inc. shall be able to send confirmation and reminder emails to participants of scheduled or upcoming appointments with the ability to customize for the County. c. Midland Health Services, Inc. shall be able to maintain an ongoing history of participant laboratory results by year. d. Midland Health Services, Inc. shall be able to report the participation of members and provide reports to CHP and/or the county of those who have completed their testing in the form of weekly participation health management data feeds. e. Midland Health Services, Inc. shall provide on-line administrative access to CHP and County Wellness Manager to view scheduling and completion data. f. Midland Health Services, Inc. shall attend and provide an annual report to the County by November 30th. The report encompasses the findings for the year and shall incorporate participation, comparative, and cohort reports at a high level as well as at the individual test level. Comparative data shall include both comparable norms to the general population, Midland Health Services, Inc.'s population and to the cohort population. g. Midland Health Services, Inc. shall be able to accept a census of eligible participants electronically and track participation electronically. The census shall be provided to Midland Health Services, Inc. by mid October by the County from the County's SAP benefits enrollment system. Midland Health Services, Inc. shall also be able to receive weekly participant eligibility file uploads. This file will have a 4-8 character participant ID assigned by the County, this will not be a SS number. h. Midland Health Services, Inc. shall provide a nightly feed of clinical data to CHP via a secure pathway for documentation of individual lab screenings and reporting. i. Midland Health Services, Inc. must provide member individualized member reports via the SFTP site within 2-5 business days of results. j. The lab files from vendor are .csv files. The lab and Biometric individualized result files come as .zip files that include both a .pdf file and a .txt file. The .txt file contains the name of the member whose results are in the accompanying .pdf file. There is one .zip file for each reported member k. Midland Health Services, Inc. shall be able to provide a data interface through CHP to populate the Verisk system. I. Midland Health Services, Inc. transmits data results to CHP within 2-5 business days of data collection. m. During mid July — September, Midland Health Services, Inc. will enter data for specific risk factor lab value re-tests from the provider's MedCenters or vendor's own collection facility. Midland Health Services, Inc. will provide the electronic data files to CHP as stated in Scope of Service. CAS Page 13 of 18 Agreement No. 16-6615"Biometric Testing" Packet Page-1288- 7/12/2016 16.E.4. 6. Walk-in Center services shall include but not be limited to the following: • a. Midland Health Services, Inc. shall be able to provide multiple walk-in center sites throughout the County for those unable to attend an onsite clinic event. b. Walk-in center sites shall be able to perform all of the services as required at onsite clinic events. c. Walk-in center sites can accommodate unscheduled appointments. d. State and national remote service collection centers with biometric service shall be provided for retirees and other out of state participants. 7. Billing-Midland Health Services, Inc. shall comply with the following: a. Midland Health Services, Inc. shall bill the County's Third Party Administrator by individual participant in order to populate the individual claim file. Midland Health Services, Inc. may supply a bulk billing; however, the bill must provide a breakdown of charges by member and member identifier. Midland Health Services, Inc. shall be paid by the County's Third Party Administrator. b. The billing shall be on a per participant basis with the exception of follow up testing as outlined above. c. Any deviation from the per participant charge must be clearly delineated in the proposer's response. d. The cost to re-test due to errors on the part of Midland Health Services, Inc. shall be borne by Midland Health Services, Inc. e. Midland Health Services, Inc. shall assume the financial responsibility for CHP data extracts pertaining to historical personal health profile data and a data interface through CHP to populate the Verisk system. f. Any additional charges or conditions must be clearly defined in Midland Health Services, Inc.'s proposal. g. All special billing charges such as travel, minimum participation, set-up or similar charges which are separate from the per participant charge must be clearly specified in Midland Health Services, Inc.'s proposal. 8. Contract Transition Plan: The County currently has an existing contract with a different provider for the Biometric Testing services. The existing contract is set to expire on September 30, 2016. Midland Health Services, Inc., will initiate the implementation process upon the award of the contract and issuance of the Notice to Proceed, to ensure the go-live date scheduled prior to the expiration of the existing contract. 9. Program Implementation: a. Midland Health Services, Inc. must test all associated processes such as scheduling, reporting, data exchange prior to the go-live date. The go-live date will be coordinate with the County's Project Manager. b. Midland Health Services, Inc. must meet the 60 day implementation process after the contract has been awarded. Page 14 of 18 Agreement No. 16-6615"Biometric Testing' Packet Page -1289- 7/12/2016 16.E.4. 10.HIPAA: Midland Health Services, Inc. shall comply with the provisions of the Health Insurance Portability and Accountability Act and shall enter into a Business Associate Arrangement with the County, attached hereto as Exhibit C. 11.Ownership of Data: It shall be understood by all parties that biometric and lab data accumulated as a result of the program shall be considered the property of the Collier County Group Health Plan. Community Health Partners shall be responsible for possessing and maintaining a historical record of data on behalf of the County. The Contractor shall provide annually a data file to CHP containing the individual testing results by member identifier. Page 15 of 18 Agreement No. 16-6615"Biometric Testing" Packet Page-1290- 7/12/2016 16.E.4. EXHIBIT B — COST OF SERVICES 1. Price per participant: Price: October 1, 2016 through September 30, 2017 $ 139.00* October 1, 2017 through September 30, 2018 $ 139.00* October 1, 2018 through September 30, 2019 $ 139.00* October 1, 2019 through September 30, 2020 $ 139.00* *LabCorp testing (office-site testing facility) per participant, is included in the above prices. 2. Price if a venipuncture Prostate-Specific Antigen (PSA) test is added to the laboratory panel: October 1, 2016 through September 30, 2017 $ 15.00 October 1, 2017 through September 30, 2018 $ 15.00 October 1, 2018 through September 30, 2019 $ 15.00 October 1, 2019 through September 30, 2020 $ 15.00 3. Urine Cotinine price per follow-up test: October 1, 2016 through September 30, 2017 $ 45.00 October 1, 2017 through September 30, 2018 $ 45.00 October 1, 2018 through September 30, 2019 $ 45.00 October 1, 2019 through September 30, 2020 $ 45.00 4. Al c price per follow-up test: October 1, 2016 through September 30, 2017 $ 35.00 October 1, 2017 through September 30, 2018 $ 35.00 October 1, 2018 through September 30, 2019 $ 35.00 October 1, 2019 through September 30, 2020 $ 35.00 5. Lipid Panel price per follow-up test: October 1, 2016 through September 30, 2017 $ 25.00 October 1, 2017 through September 30, 2018 $ 25.00 October 1, 2018 through September 30, 2019 $ 25.00 October 1, 2019 through September 30, 2020 $ 25.00 6. Al c plus Lipid Panel price per follow-up test: October 1, 2016 through September 30, 2017 $ 55.00 October 1, 2017 through September 30, 2018 $ 55.00 October 1, 2018 through September 30, 2019 $ 55.00 October 1, 2019 through September 30, 2020 $ 55.00 Page 16 of 18 Agreement No. 16-6615"Biometric Testing" Packet Page-1291- 7/12/2016 16.E4. 7. The following additional are available on as-needed basis, upon prior written approval by the Risk Management Director, or designee: • At-home mobile services are offered at an additional fee of$65 per participate; • Acceptance of Physician Form at $15 for data transfer, per participate. • Customization of report for design and coding $150.00 per hour on a time and material basis pursuant to Section 4.2 Price Methodology. 8. Midland Health Services per-person pricing is based on each screener screening four (4) per hour. If screen drops below that, down time will be prorated based on $65.00 per hour. Additional screeners may be requested at the rate of$65.00 per hour. October 1, 2016 through September 30, 2017 October 1, 2017 through September 30, 2018 October 1, 2018 through September 30, 2019 October 1, 2019 through September 30, 2020 CAO .w, Page 17 of 18 Agreement No. 16-6615"Biometric Testing" Packet Page-1292- 7/12/2016 16.E.4. EXHIBIT C Health Insurance Portability and Accountability Act— Business Associate Agreement (following this page) Page 18 of 18 Agreement No. 16-6615"Biometric Testing" Packet Page-1293- 7/12/2016 16.E.4. BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement ("Agreement") is entered into between COLLIER COUNTY("Covered Entity") and Midland Health Testing Services, Inc., ("Business Associate"), effective as of this day of ,2016(the"Effective Date"). WHEREAS, Covered Entity and Business Associate have entered into, or plan to enter into, an arrangement pursuant to which Business Associate may provide services for Covered Entity that require Business Associate to access, create and use Protected Health Information ("PHI") that is confidential under state and/or federal law; and WHEREAS, Covered Entity and Business Associate intend to protect the privacy and provide for the security of PHI disclosed by Covered Entity to Business Associate, or collected or created by Business Associate, in compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA"), and the regulations promulgated there under, including, without limitation, the regulations codified at 45 CFR Parts 160 and 164 ("HIPAA Regulations"); the Health Information Technology for Economic and Clinical Health Act, as incorporated in the American Recovery and Reinvestment Act of 2009, and its implementing regulations and guidance issued by the Secretary of the Department of Health and Human Services (the "Secretary") (the "HITECH Act"); and other applicable state and federal laws, all as amended from time to time, including as amended by the Final Rule issued by the Secretary on January 17, 2013 titled "Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules under the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act; Other Modifications to the HIPAA Rules";and WHEREAS, the HIPAA Regulations require Covered Entity to enter into an agreement with Business Associate meeting certain requirements with respect to the Use and Disclosure of PHI, which are met by this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein and the exchange of information pursuant to this Agreement,the parties agree as follows: 1. Definitions. Capitalized terms used herein without definition shall have the meanings ascribed to them in the HIPAA Regulations or the HITECH Act, as applicable unless otherwise defined herein. 2. Obligations and Activities of Business Associate. a. Permitted Uses and Disclosures. Business Associate shall only Use or Disclose PHI for the purposes of (i) performing Business Associate's obligations under Exhibit A of this Agreement("Exhibit A") and as permitted by this Agreement; or(ii) as permitted or Required By Law;or (iii) as otherwise permitted by this Agreement. Business Associate shall not Use or further Disclose PHI other than as permitted or required by this Agreement or as Required By Law. Further,Business Associate shall not Use or Disclose PHI in any manner that would constitute a violation of the HIPAA Regulations or the HITECH Act if so used by Covered Entity, except that Business Associate may Use PHI(i)for the proper management and administration of Business Associate; and (ii) Page 1 of 9 Agreement No. 16-6615"Biometric Testing" Packet Page-1294- LA0 7/12/2016 16.E.4. to carry out the legal responsibilities of Business Associate. Business Associate may Disclose PHI for the proper management and administration of Business Associate, to carry out its legal responsibilities or for payment purposes as specified in 45 CFR§ 164.506(c)(1)and (3), including but not limited to Disclosure to a business associate on behalf of a covered entity or health care provider for payment purposes of such covered entity or health care provider, with the expectation that such parties will provide reciprocal assistance to Covered Entity,provided that with respect to any such Disclosure either: (i)the Disclosure is Required By Law; or (ii) for permitted Disclosures when Required By Law, Business Associate shall obtain a written agreement from the person to whom the PHI is to be Disclosed that such person will hold the PHI in confidence and will not use and further disclose such PHI except as Required By Law and for the purpose(s)for which it was Disclosed by Business Associate to such person, and that such person will notify Business Associate of any instances of which it is aware in which the confidentiality of the PHI has been breached. b. Appropriate Safeguards. Business Associate shall implement administrative, physical and technical safeguards that (i) reasonably and appropriately protect the confidentiality, integrity and availability of electronic PHI that it creates, receives, maintains or transmits on behalf of Covered Entity; and (ii) prevent the Use or Disclosure of PHI other than as contemplated by Exhibit A and this Agreement. c. Compliance with Security Provisions. Business Associate shall: (i) implement and maintain administrative safeguards as required by 45 CFR § 164.308,physical safeguards as required by 45 CFR § 164.3 10 and technical safeguards as required by 45 CFR § 164.3 12; (ii) implement and document reasonable and appropriate policies and procedures as required by 45 CFR§ 164.3 16; and (iii) be in compliance with all requirements of the HITECH Act related to security and applicable as if Business Associate were a"covered entity,"as such term is defined in HIPAA. d. Compliance with Privacy Provisions. Business Associate shall only Use and Disclose PHI in compliance with each applicable requirement of 45 CFR § 164.504(e). Business Associate shall comply with all requirements of the HITECH Act related to privacy and applicable as if Business Associate were a "covered entity," as such term is defined in HIPAA. To the extent Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 CFR Part 164, Business Associate shall comply with the requirements of Subpart E that apply to Covered Entity in the performance of such obligation(s). e. Duty to Mitigate. Business Associate agrees to mitigate,to the extent practicable and mandated by law, any harmful effect that is known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of the requirements of this Agreement. f. Encryption. To facilitate Business Associate's compliance with this Agreement and to assure adequate data security, Covered Entity agrees that all PHI provided or transmitted to Business Associate pursuant to Exhibit A shall he provided or transmitted in a manner which renders such PHI unusable,unreadable or indecipherable to unauthorized persons,through the use of a technology or methodology specified by the Secretary in the guidance issued under section 13402(h)(2) of the HITECH Act. Covered Entity acknowledges that failure to do so could contribute to or permit a Breach requiring patient notification under the HITECH Act and further agrees that Business Associate shall have no liability for any Breach caused by such failure. 3. Reporting. Page 2 of 9 Agreement No. 16-6615"Biometric Testing" C Packet Page -1295- 7/12/2016 16.E.4. a. Security Incidents and/or Unauthorized Use or Disclosure. Business Associate shall report to Covered Entity a successful Security Incident or any Use and/or Disclosure of PHI other than as provided for by this Agreement or permitted by applicable law within a reasonable time of becoming aware of such Security Incident and/or unauthorized Use or Disclosure (but not later than five (5) days thereafter), in accordance with the notice provisions set forth herein. Business Associate shall take (i) prompt action to cure any such deficiencies as reasonably requested by Covered Entity,and(ii)any action pertaining to such Security Incident and/or unauthorized Use or Disclosure required by applicable federal and state laws and regulations. If such successful Security Incident or unauthorized Use or Disclosure results in a Breach as defined in the HITECH Act, then Covered Entity shall comply with the requirements of Section 3.b below. b. Breach of Unsecured PHI. The provisions of this Section 3.b are effective with respect to the Discovery of a Breach of Unsecured PHI occurring on or after September 23, 2009. With respect to any unauthorized acquisition, access, Use or Disclosure of Covered Entity's PHI by Business Associate, its agents or subcontractors,Business Associate shall(i) investigate such unauthorized acquisition, access, Use or Disclosure; (ii) determine whether such unauthorized acquisition, access, Use or Disclosure constitutes a reportable Breach under the HITECH Act; and (iii) document and retain its findings under clauses (i) and (ii). If Business Associate Discovers that a reportable Breach has occurred, Business Associate shall notify Covered Entity of such reportable Breach in writing within five(5)days of the date Business Associate Discovers such Breach. Business Associate shall be deemed to have discovered a Breach as of the first day that the Breach is either known to Business Associate or any of its employees, officers or agents, other than the person who committed the Breach, or by exercising reasonable diligence should have been known to Business Associate or any of its employees, officers or agents, other than the person who committed the Breach. To the extent the information is available to Business Associate, Business Associate's written notice shall include the information required by 45 CFR § 164.410(c). Business Associate shall promptly supplement the written report with additional information regarding the Breach as it obtains such information. Business Associate shall cooperate with Covered Entity in meeting Covered Entity's obligations under the HITECH Act with respect to such Breach. 4. Business Associate's Agents. To the extent that Business Associate uses one or more subcontractors or agents to provide services under Exhibit A,and such subcontractors or agents receive or have access to PHI, Business Associate shall sign an agreement with such subcontractors or agents containing substantially the same provisions as this Agreement. 5. Rights of Individuals. a. Access to PHI. Within ten (10) days of receipt of a request by Covered Entity, Business Associate shall make PHI maintained in a Designated Record Set available to Covered Entity or, as directed by Covered Entity,to an Individual to enable Covered Entity to fulfill its obligations under 45 CFR § 164.524. Subject to Section 5.b below, (i) in the event that any Individual requests access to PHI directly from Business Associate in connection with a routine billing inquiry, Business Associate shall directly respond to such request in compliance with 45 CFR § 164.524; and(ii) in the event such request appears to be for a purpose other than a routine billing inquiry, Business Associate shall forward a copy of such request to Covered Entity and shall fully cooperate with Covered Entity in responding to such request. In either case, a denial of access to requested PHI shall not be made without the prior written consent of Covered Entity. Page 3 of 9 Agreement No. 16-6615 "Biometric Testing" 1:;1 Packet Page -1296- 7/12/2016 16.E.4. b. Access to Electronic Health Records. If Business Associate is deemed to use or maintain an Electronic Health Record on behalf of Covered Entity with respect to PHI,then,to the extent an Individual has the right to request a copy of the PHI maintained in such Electronic Health Record pursuant to 45 CFR § 164.524 and makes such a request to Business Associate, Business Associate shall provide such individual with a copy of the information contained in such Electronic Health Record in an electronic format and, if the Individual so chooses, transmit such copy directly to an entity or person designated by the Individual. Business Associate may charge a fee to the individual for providing a copy of such information, but such fee may not exceed Business Associate's labor costs in responding to the request for the copy. The provisions of 45 CFR § 164.524, including the exceptions to the requirement to provide a copy of PHI, shall otherwise apply and Business Associate shall comply therewith as if Business Associate were the "covered entity," as such term is defined in HIPAA. At Covered Entity's request, Business Associate shall provide Covered Entity with a copy of an Individual's PHI maintained in an Electronic Health Record in an electronic format and in a time and manner designated by Covered Entity in order for Covered Entity to comply with 45 CFR§ 164.524, as amended by the HITECH Act. c. Amendment of PHI. Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set that Covered Entity directs or agrees to pursuant to 45 CFR§ 164.526 at the request of Covered Entity or an Individual,and in the time and manner designated by Covered Entity. d. Accounting Rights. This Section 5.d is subject to Section 5.e below. Business Associate shall make available to Covered Entity, in response to a request from an Individual,information required for an accounting of disclosures of PHI with respect to the Individual, in accordance with 45 CFR § 164.528, incorporating exceptions to such accounting designated under such regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request and shall not include any disclosures that were made prior to the compliance date of the HIPAA Regulations. Business Associate shall provide such information as is necessary to provide an accounting within ten(10)days of Covered Entity's request. Such accounting must he provided without cost to the Individual or to Covered Entity if it is the first accounting requested by an Individual within any six(6)month period; however, a reasonable, cost-based fee may be charged for subsequent accountings during that period if Business Associate informs Covered Entity and Covered Entity informs the Individual in advance of the fee, the Individual is afforded an opportunity to withdraw or modify the request and charging such fee is not otherwise contrary to law. Such accounting obligations shall survive termination of this Agreement and shall continue as long as Business Associate maintains PHI. e. Accounting of Disclosures of Electronic Health Records. The provisions of this Section 5.e shall be effective on the date specified in the HITECH Act.If Business Associate is deemed to use or maintain an Electronic Health Record on behalf of Covered Entity, then, in addition to complying with the requirements set forth in Section 5.d above,Business Associate shall maintain an accounting of any Disclosures made through such Electronic Health Record for Treatment, Payment and Health Care Operations, as applicable. Such accounting shall comply with the requirements of the HITECH Act. Upon request by Covered Entity, Business Associate shall provide such accounting to Covered Entity in the time and manner specified by Covered Entity and in compliance with the HITECH Act. Alternatively, if Covered Entity responds to an Individual's request for an accounting of Disclosures made through an Electronic Health Record by providing the requesting Individual with a list of all business associates acting on behalf of Covered Entity,then Business Associate shall provide such accounting directly to the requesting Individual in the time and manner specified by the HITECH.Act. f. Agreement to Restrict Disclosure. If Covered Entity is required to comply with a Page 4 of 9 Agreement No. 16-6615"Biometric Testing" C Packet Page-1297- 7/12/2016 16.E.4. restriction on the Disclosure of PHI pursuant to Section 13405 of the HITECH Act, then Covered Entity shall,to the extent necessary to comply with such restriction,provide written notice to Business Associate of the name of the Individual requesting the restriction and the PHI affected thereby. Business Associate shall, upon receipt of such notification,not Disclose the identified PHI to any health plan for the purposes of carrying out Payment or Health Care Operations, except as otherwise required by law. Covered Entity shall also notify Business Associate of any other restriction to the Use or Disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR § 164.522. 6. Remuneration and Marketing. a. Remuneration for PHI. This Section 6.a shall be effective with respect to exchanges of PHI occurring six (6) months after the date of the promulgation of final regulations implementing the provisions of Section 13405(d) of the HITECH Act. On and after such date, Business Associate agrees that it shall not, directly or indirectly, receive remuneration in exchange for any PHI of Covered Entity except as otherwise permitted by the HITECH Act. b. Limitations on Use of PHI for Marketing Purposes. Business Associate shall not Use or Disclose PHI for the purpose of making a communication about a product or service that encourages recipients of the communication to purchase or use the product or service, unless such communication: (I)complies with the requirements of subparagraph(i), (ii) or(iii)of paragraph(1) of the definition of marketing contained in 45 CFR § 164.501, and (2) complies with the requirements of subparagraphs (A), (B) or(C) of Section 13406(a)(2) of the HITECH Act, and implementing regulations or guidance that may be issued or amended from time to time. Covered Entity agrees to assist Business Associate in determining if the foregoing requirements are met with respect to any such marketing communication. 7. Governmental Access to Records. Business Associate shall make its internal practices, books and records relating to the Use and Disclosure of PHI available to the Secretary for purposes of determining Covered Entity's compliance with the HIPAA Regulations and the HITECH Act. Except to the extent prohibited by law, Business Associate agrees to notify Covered Entity of all requests served upon Business Associate for information or documentation by or on behalf of the Secretary. Business Associate shall provide to Covered Entity a copy of any PHI that Business Associate provides to the Secretary concurrently with providing such PHI to the Secretary. 8. Minimum Necessary. To the extent required by the HITECH Act, Business Associate shall limit its Use, Disclosure or request of PHI to the Limited Data Set or, if needed, to the minimum necessary to accomplish the intended Use, Disclosure or request, respectively. Effective on the date the Secretary issues guidance on what constitutes "minimum necessary" for purposes of the HIPAA Regulations, Business Associate shall limit its Use, Disclosure or request of PHI to only the minimum necessary as set forth in such guidance. 9. State Privacy Laws. Business Associate shall comply with state laws to extent that such state privacy laws are not preempted by HIPAA or the HITECH Act. 10. Termination. a. Breach by Business Associate. If Covered Entity knows of a pattern of activity or practice of Business Associate that constitutes a material breach or violation of Business Associate's obligations under this Agreement, then Covered Entity shall promptly notify Business Associate. With Page 5 of 9 Agreement No. 16-6615"Biometric Testing" Packet Page -1298- 7/12/2016 16.E.4. respect to such breach or violation, Business Associate shall take reasonable steps to cure such breach or end such violation, if possible. If such steps are either not possible or are unsuccessful, upon written notice to Business Associate, Covered Entity may terminate its relationship with Business Associate. b. Breach by Covered Entity. If Business Associate knows of a pattern of activity or practice of Covered Entity that constitutes a material breach or violation of Covered Entity's obligations under this Agreement, then Business Associate shall promptly notify Covered Entity. With respect to such breach or violation, Covered Entity shall take reasonable steps to cure such breach or end such violation, if possible. If such steps are either not possible or are unsuccessful, upon written notice to Covered Entity,Business Entity may terminate its relationship with Covered Entity. c. Automatic Termination. This Agreement will automatically terminate, without any further action by the parties hereto, at such time as there are no longer any Service Agreements by and between the parties hereto. d. Effect of Termination. Upon termination of this Agreement for any reason, Business Associate shall either return or destroy all PHI, as requested by Covered Entity, that Business Associate or its agents or subcontractors still maintain in any form, and shall retain no copies of such PHI. If Covered Entity requests that Business Associate return PHI, such PHI shall be returned in a mutually agreed upon format and timeframe. If Business Associate reasonably determines that return or destruction is not feasible, Business Associate shall continue to 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 of such PHI not feasible. If Business Associate is asked to destroy the PHI, Business Associate shall destroy PHI in a manner that renders the PHI unusable, unreadable or indecipherable to unauthorized persons as specified in the HITECH Act. 11. Amendment. The parties acknowledge that state and federal laws relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to ensure compliance with such developments. The parties specifically agree to take such action as is necessary to implement any new or modified standards or requirements of HIPAA, the HIPAA Regulations, the HITECH Act and other applicable laws relating to the security or confidentiality of PHI. Upon the request of Covered Entity, Business Associate agrees to promptly enter into negotiation concerning the terms of an amendment to this Agreement incorporating any such changes. 12. No Third Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than Covered Entity, Business Associate and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. 13. Effect on Underlying Arrangement. In the event of any conflict between this Agreement and any underlying arrangement between Covered Entity and Business Associate, the terms of this Agreement shall control. 14. Survival. The provisions of this Agreement shall survive the termination or expiration of any underlying arrangement between Covered Entity and Business Associate. 15. Interpretation. This Agreement shall he interpreted as broadly as necessary to implement and comply with HIPAA, the HIPAA Regulations and the HITECH Act. The parties agree that any Page 6 of 9 Agreement No. 16-6615"Biometric Testing" C Packet Page-1299- 7/12/2016 16.E.4. ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with such laws. 16. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida. 17. Notices. All notices required or permitted under this Agreement shall be in writing and sent to the other party as directed below or as otherwise directed by either party, from time to time, by written notice to the other. All such notices shall be deemed validly given upon receipt of such notice by certified mail,postage prepaid,facsimile transmission,e-mail or personal or courier delivery: If to Covered Entity: Collier County Government Center 3311 Tamiami Trail E. Naples,FL 34112 Attn: Risk Management Director Telephone: 239-252-8461 Facsimile: 239-252-8048 If to Business Associate: Midland Health Testing Services, Inc. 12855 Lisbon Road,Brookfield,WI 53005 Telephone: (262)754-3130 Facsimile:(262)754-3125 Jo A. Steinburg,President j on,m i dl an dhealth.co m 18. Indemnification. The Business Associate shall indemnify and hold harmless Covered Entity and any of Covered Entity's affiliates, directors, officers, employees and agents from and against any claim, cause of action, liability, damage,cost or expense(including reasonable attorney's fees)arising out of or directly relating to any non-permitted disclosure of Protected Health Information or other breach of this Agreement by Business Associate or any affiliate,director, officer, employee, agent or subcontractor of Business Associate. 19. Miscellaneous. a. Severability. In the event that any provision of this Agreement is adjudged by any court of competent jurisdiction to be void or unenforceable, all remaining provisions hereof shall continue to be binding on the parties hereto with the same force and effect as though such void or unenforceable provision had been deleted. b. Waiver. No failure or delay in exercising any right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or remedy hereunder preclude any other further exercise thereof or the exercise of any other right, power or remedy. The rights provided hereunder are cumulative and not exclusive of any rights provided by law. c. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof,and supercedes any prior or contemporaneous Page 7 of 9 Agreement No. 16-6615"Biometric Testing" C Packet Page-1300- 7/12/2016 16.E.4. verbal or written agreements, communications and representations relating to the subject matter hereof. d. Counterparts, Facsimile. This agreement may be signed in two or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. A copy of this Agreement bearing a facsimile signature shall be deemed to be an original. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the date first set forth above. COVERED ENTITY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Jeff Walker, Director of Risk Management First Witness: BUSINESS ASSOCIATE: Signature Midland Heath Testing Services,Inc. By: Print Name: Print Name: Second Witness: Title: Signature Print Name: As to Form and Legality: Page 8 of 9 Agreement No. 16-6615"Biometric Testing" Gr Packet Page -1301- C 7/12/2016 16.E.4. EXHIBIT A The services to be performed by Business Associate require Business Associate to access, create and use PHI on behalf of Covered Entity in accordance with Agreement No. 16- 6615 "Biometric Testing." Page 9 of 9 Agreement No. 16-6615"Biometric Testing" 01,3 Packet Page -1302- 7/12/2016 16.E.4. REQUEST FOR PROPOSAL Colter County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS solicitation 16-6615 Biometric Testing Rhonda Burns, FCCN, CPPB, Procurement Strategist (239)252-8941 (Telephone) (239)252-6700(Fax) RhondaBurns@colliergov.nef(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. r ProaammentSer sDuiem•3327 Tasami Trail East•Maples,Florida 34112-7945•239-252-&407•rsw.rnitlergor nettoroeuremeniserites Packet Page -1303- 7/12/2016 16.E.4. Table of Contents LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II:GENERAL RFP INSTRUCTIONS 15 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 19 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 23 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 32 ATTACHMENT 2:VENDOR CHECK LIST 33 ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 34 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 35 ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 37 ATTACHMENT 6:IMMIGRATION AFFIDAVIT CERTIFICATION 38 ATTACHMENT 7:VENDOR SUBSTITUTE W—9 39 ATTACHMENT 8:INSURANCE AND BONDING REQUIREMENTS 40 ATTACHMENT 9:REFERENCE QUESTIONNAIRE 42 EXHIBIT A: ONSITE EVENT SCHEDULE 43 EXHIBIT B: HEALTH PROFILE REPORT 44 16-6615 RFP RFP_N on_CCNATem plate_01202016 2 Packet Page -1304- 7/12/2016 16.E.4. Co.tier County Administrative Services Department Procurement Services Division Legal Notice Sealed Proposals to provide Biometric Testing will be received until 2:30 PM Naples local time, on May 10, 2016 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 16-6615 Biometric Testing Services to be provided may include, but not be limited to the following: Testing for venipuncture laboratory panel and biometric measurements. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on April 8, 2016. Prcarcmel Smtr Dopw9ur.1•3 'fmi3mi Trail Eat•Nanios Ronda.34112-4901•wann.co0i_rao4 ne8ourehas;99 16-6615 RFP R F P_N o n_C C NATem p l ate_01202016 3 Packet Page-1305- 7/12/2016 16.E.4. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Risk Management Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase Collier County Government offers a wellness based incentive program to its covered employees and their spouses and is seeking proposals from suppliers to provide Biometric Measurement and Laboratory Testing Services. The program encompasses various participation incentives through which members may qualify for the Basic, Select, or Premium levels of the medical health plan. Background As part of its group health insurance program, Collier County Government offers a wellness based incentives program to its covered employees and their spouses. The program encompasses various participation incentives through which members may qualify for the Basic, Select, or Premium Health Plan. One of the primary qualifiers is the completion of a laboratory profile blood test including biometric measurement (weight, height, waist, calculated BMI, and blood pressure). This test is incorporated into a Personal Health Profile Report to measure the individual health risks of the participant. In order to qualify for the Select Plan, the employee must complete this screening and meet with an onsite Health Advocate-RN to review the report. Health Advocacy services are provided by Community Health Partners (CHP). The successful firm will be required to work closely with CHP and the County's third party administration company, Allegiance, Inc. in the administration of services under this agreement. Currently, this service is provided by Quest Diagnostics. Quest includes the laboratory profile and the integration of the lab results into a Personal Health Profile Report. Members enroll for their test online at a national or local walk-in Patient Service Center or at an Onsite Clinic event. A Help Desk toll free phone number offers registration assistance to participants. In a given year, the County will offer 25 to 30 onsite clinic events at various worksite locations where participants may efficiently receive services and return to work. Currently, walk-in service is offered at these onsite clinic events with a 15% walk-in service accommodated. A sample clinic schedule is attached as Exhibit "A". The qualifying year begins November 1St and ends September 30th of the following year. Participants have a March 31St deadline to complete their lab draw. New Hire employees (hired after Dec. 31st) with their spouses have until mid September to complete the lab draw/biometric testing. Generally, onsite clinic events begin mid January to March 31st. Mid November, an onsite clinic event schedule is sent to the vendor for staff scheduling. A census (eligibility file) of expected participants is provided electronically to the vendor mid October, prior to the beginning of the qualifying year. This census is loaded into the vendor's enrollment system and participants 16-6615 RFP R FP_N on_CC NATem plate_01202016 4 Packet Page-1306- 7/12/2016 16.E.4. schedule their appointment at a walk-in center or onsite clinic event of their choosing. The enrollment system has the capability of scheduling reminders in email format which are sent to the participant prior to their appointment at either walk-in centers or onsite clinic events. Currently, appointments for onsite clinic events are cut off two (2) weeks prior to the scheduled event. Services for the laboratory/biometric testing and personal health report are priced on a flat per participant basis. Follow up tests, if necessary, are priced on a per test basis by type of test. Employees and covered spouses are screened every two (2) years with the focus on spouses in calendar year 2017 and employees in calendar year 2018. Generally, 55% of qualifying employees (even years) utilize an onsite clinic event with onlyl5% spouses using an onsite clinic during their qualifying year (odd years). Participation has consistently exceeded ninety-two percent (92%) of eligible members. Currently, onsite clinic events require a minimum level of participation to avoid additional fees. The spouse count in 2015 was 1,204. The employee count for 2016 is estimated at 2,100. Employees are currently being screened for 2016 and spouses will be screened in 2017. Detailed Scope of Work The successful firm shall be able to perform or provide the following services. These services shall include but not be limited to the following: 1. Testing for venipuncture laboratory panel & biometric measurements. The panel of testing shall include the following. It is a fasting test. a. Heart: Total Cholesterol, HDL Cholesterol, Triglycerides, LDL Cholesterol, Cholesterol/HDL ratio b. Thyroid: TSH (Thyroid Stimulating Hormone), T3 (triiodothyronine) and FT4 (Free Throxine) c. Kidneys: Urea Nitrogen (BUN), Creatinine, eGFR, BUN/Creatinine Ratio d. Bone: Calcium e. Liver: Direct Bilirubin, GGT, ALT, Total Protein, albumin, Globulin, Albumin/Globuin Ratio, Total Bilirubin, Alkaline Phosphatase, AST f. Pancreas: Glucose and Hemoglobin Al c g. Whole Body: Sodium, Potassium, Chloride, White Blood Cell Count, Red Blood Cell Count, Hemoglobin, Hematocrit, MCV, MCH, MCHC, RDW, Platelet Count h. Lungs: Cotinine (blood sample) i. Biometric Measurements: Measured Height, Weight, Blood Pressure, Waist Circumference, calculated BMI j. Follow-up laboratory testing to include but not be limited to the following. The administration of follow up testing shall also be permitted through the County's onsite medical clinics. i. Serum Cotinine ii. Hemoglobin Al c iii. Lipid Panel iv. Combination test of Hemoglobin Al c + Lipid Panel v. Prostate-Specific Antigen (PSA) Test vi. Other laboratory as may be appropriate. 16-6615 RFP R F P_N o n_C C NATe m p l ate_01202016 5 Packet Page-1307- 7/12/2016 16.E.4. 2. The communication to participants with critical results shall be included in both the administration and pricing of this panel. 3. Phlebotomy & biometric measurement administration services shall include but not be limited to the following. a. Administration oversight, scheduling and on-site staffing by highly proficient phlebotomists. The County, through CHP, shall reserve the right to approve the onsite phlebotomy staff to assure high quality. b. Opportunity for lead examiner to meet with CHP prior to first onsite event and communicate regularly to assure optimal staffing c. Data and specimen collection, testing, physician overview, results delivery and weekly coordination for approximately 2100 employees (even years) and 1200 spouses (odd years). d. Phlebotomy & biometric services shall be provided to multiple Collier County Government facility locations (15-100 participants/group clinic settings) from January— March on a Tuesday through Friday, early morning format. On spouse year, 1 or 2 Saturday on-site events may be scheduled from January to March. e. On-site events personnel travels to locations with all screening supplies arriving one (1) hour prior to event start time for set-up. Events typically run 7-10am EST with a half hour breakdown time. Events may have a minimum of 10 participants with a maximum of 100 participants. Non-scheduled walk-ins are accommodated. An event with less than 10 scheduled participants requires special consideration. Phlebotomy team must be able to process 1 participant every 5 minutes. f. Requisitions for registered members mailed to CHP prior to events as well as blank forms to accommodate "walk-ins". g. Room setup, i.e. screens, tables and chairs shall be completed by CHP. h. Vendor shall be responsible for all other logistical matters including the timing, shipping, and scheduling of materials, supplies and equipment to scheduled locations. i. Biometric measurements for measured height and weight are recorded in US metrics (i.e. inches and pounds). Waist measurement taken on bare skin at belly button with tape measure. Manual blood pressure cuffs only with a variety of cuff sizes included from XS-XL. Blood pressure repeated up to 3 times after resting position. Measurements are never self-reported and members given opportunity to verify measurement accuracy. j. The vendor will accept"challenged" biometric measurements from the provider. A repeat measurement for BP, height, weight, waist circumference, and/or calculated BMI will be performed by the provider and sent to the vendor to update the member's personal biometric data that is sent to CHP. k. Members identified with program specific risk factors will require venipuncture re-testing mid July to September 30 for a Serum Cotinine, Hemoglobin Al c, Lipid Panel, or a combination Lipid Panel— Hemoglobin Al c. Members will use a vendor walk-in service center or the provider's MedCenters for the lab draw. The vendor will coordinate specimen pickup and processing through their laboratory processing service. All lab result data generated will be electronically transmitted to CHP as describe in Scope of Service. 4. Personal Health Report-A sample report is attached as Exhibit "B". a. The successful firm shall be able to integrate laboratory findings into a personal health report in a format similar to the sample. b. All current abnormal results must be highlighted on the individualized personal health report. 16-6615 RFP R F P_N o n_C C NATem p l ate_01202016 6 Packet Page-1308- 7/12/2016 16.E.4. c. The successful firm shall be able to upload laboratory values and biometric measurements from our disease management company, Community Health Partners (CHP). The personal health report must be able to incorporate comparative data (currently at 3 years historical data) for the member to measure progress. d. Vendor shall be able to re-set passwords for members and provide a toll free Customer Service number and/or email chat service for members. Currently, member support available Mon-Sat. EST 7am-7pm. 5. Enrollment, Reporting Services, and Data coordination shall include but not be limited to the following. a. Employees shall have the ability to enroll online via vendor's hosted website or telephonically. b. The vendor shall be able to send confirmation and reminder emails to participants of scheduled or upcoming appointments with the ability to customize for the County. c. The vendor shall be able to maintain an ongoing history of participant laboratory results by year. d. The vendor shall be able to report the participation of members and provide reports to CHP and/or the county of those who have completed their testing in the form of weekly participation health management data feeds. e. The vendor shall provide on-line administrative access to CHP and County Wellness Manager to view scheduling and completion data. f. The vendor shall attend and provide an annual report to the County by November 30th. The report encompasses the findings for the year and shall incorporate participation, comparative, and cohort reports at a high level as well as at the individual test level. Comparative data shall include both comparable norms to the general population, the vendor's population and to the cohort population. g. The vendor shall be able to accept a census of eligible participants electronically and track participation electronically. The census shall be provided to the vendor by mid October by the County from the County's SAP benefits enrollment system. The vendor shall also be able to receive weekly participant eligibility file uploads. This file will have a 4-8 character participant ID assigned by the County, this will not be a SS number. h. The vendor shall provide a nightly feed of clinical data to CHP via a secure pathway for documentation of individual lab screenings and reporting. i. The vendor must provide member individualized member reports via the SFTP site within 2-5 business days of results. j. The lab files from vendor are .csv files. The lab and Biometric individualized result files come as .zip files that include both a .pdf file and a .txt file. The .txt file contains the name of the member whose results are in the accompanying .pdf file. There is one .zip file for each reported member k. The vendor shall be able to provide a data interface through CHP to populate the Verisk system. I. The vendor transmits data results to CHP within 2-5 business days of data collection. m. During mid July—September, the vendor will enter data for specific risk factor lab value re-tests from the provider's MedCenters or vendor's own collection facility. The vendor will provide the electronic data files to CHP as stated in Scope of Service. 6. Walk-in Center services shall include but not be limited to the following. a. The vendor shall be able to provide multiple walk-in center sites throughout the County for those unable to attend an onsite clinic event. b. Walk-in center sites shall be able to perform all of the services as required at onsite clinic events. 16-6615 RFP R F P_Non_CCNATem plate_01202016 7 Packet Page -1309- 7/12/2016 16.E.4. c. Walk-in center sites can accommodate unscheduled appointments. d. State and national remote service collection centers with biometric service shall be provided for retirees and other out of state participants. 7. Billing-The vendor shall comply with the following. a. The vendor shall bill the County's Third Party Administrator by individual participant in order to populate the individual claim file. The vendor may supply a bulk billing; however, the bill must provide a breakdown of charges by member and member identifier. The vendor shall be paid by the County's Third Party Administrator. b. The billing shall be on a per participant basis with the exception of follow up testing as outlined above. c. Any deviation from the per participant charge must be clearly delineated in the proposer's response. d. The cost to re-test due to errors on the part of the vendor shall be borne by the vendor. e. The vendor shall assume the financial responsibility for CHP data extracts pertaining to historical personal health profile data and a data interface through CHP to populate the Verisk system. f. Any additional charges or conditions must be clearly defined in the vendor's proposal. g. All special billing charges such as travel, minimum participation, set-up or similar charges which are separate from the per participant charge must be clearly specified in the vendor's proposal. 8. Program Implementation a. The vendor must test all associated processes such as scheduling, reporting, data exchange prior to the go-live date. b. The vendor must meet the 60 day implementation process after the contract has been awarded. 9. HIPAA-The selected vendor shall comply with the provisions of the Health Insurance Portability and Accountability Act and shall enter into a Business Associate Arrangement with the County. 10. Ownership of Data - It shall be understood by all parties that biometric and lab data accumulated as a result of the program shall be considered the property of the Collier County Group Health Plan. Community Health Partners shall be responsible for possessing and maintaining a historical record of data on behalf of the County. The selected vendor shall provide annually a data file to CHP containing the individual testing results by member identifier. 11. Proposal Alternatives-The County will consider alternative methods of providing the services as outlined above, however, the County reserves the right to reject in whole or in part, alternative proposals. Term of Contract The contract term, if an award(s) is/are made is intended to be for one (1) year with one (1) three (3) year renewal option. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made prior to the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. 16-6615 RFP R F P_N o n_CC NATe m p l ate_01202016 8 Packet Page -1310- 7/12/2016 16.E.4. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice April 8, 2016 Last Date for Receipt of Written Questions April 22, 2016, 4:00 PM, Naples Local Time Addendum Issued Resulting from Written Questions TBA Solicitation Deadline Date and Time May 10, 2016, 2:30 PM, Naples Local Time Anticipated Evaluation of Submittals May—June 2016 Vendor Presentations if Required TBD Anticipated Completion of Contract Negotiations May 2016 Anticipated Board of County Commissioner's Contract July 2016 Approval Date Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter/ Management Summary (0 points) 16-6615 RFP R F P_N o n_C C NATe m p l ate_01202016 9 Packet Page -1311- 7/12/2016 16.E.4. Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. 2. Tab II, Professional and Technical Capabilities (25 Points) • Answer the following questions under Tab II and provide required documentation. 1) What criteria do you use when selecting phlebotomists in terms of education, experience and skill? 2) Can you provide the lab testing panel as described in the Scope of Services? 3) Can you provide the biometric measurement services as described in the Scope of Service at both onsite events and at walk-in patient service centers? 4) Does your firm offer an alternative collection method other than the onsite clinics or walk-in patient service centers for the venipuncture and biometric measurement testing? If so, please specify method and pricing if not included in price per participant (TAB VI). 5) Please describe the process that you follow when performing biometric measurements. 6) How do you handle the data and specimens that are collected to ensure they are tested on a timely basis and that the results are accurately reported? What is your error rate? 7) Explain your process for invalid results due to processing errors and the member's "repeat" lab draw process. 8) Please specify the maximum and/or minimum registrants allowed for onsite events. Explain process for not meeting or exceeding registration numbers and the financial implication. 9) Please describe the number and location(s) of walk-in patient service centers that you operate in Collier County. Do your service centers accept participants with no scheduled appointment? If yes, explain process. Please specify the lab company used for collection and processing both locally and nationally. 10) What kind of equipment do you use to measure blood pressure? What cuff sizes are offered? Explain your process for a member stating their recorded BP reading is abnormal for them? 11) Do you have accessibility for retirees and other members living out of the area? Specify options your firm offers and the process. 12) Does your firm provide a personal health report in the format and electronic delivery methods as described in the Scope of Services? Please provide a sample of your firm's personal health report. 13) Can your firm integrate the lab results and biometric measurements into the personal health report? 14) Can your firm maintain and print multiple historical year data for comparison? Please specify number years your personal health report allows. 15) Can your firm incorporate historical health report data from CHP into the personal health report? 16) Is your personal health report provided in paper and as an online version? If not, please specify. 17) Can your firm comply with the data coordination, enrollment & reporting services as outlined in the Scope of Services? 16-6615 RFP R FP_N on_CCNATem piate_01202016 10 Packet Page-1312- 7/12/2016 16.E.4. 18) Does your firm have online scheduling capabilities for both onsite events and walk-in service centers? Please describe. If available, provide your website registration site that we can sample the registration process. 19) Please specify your firms advance time limitations for appointment scheduling at a walk-in service center and/or onsite clinic event. 3. Tab III, Ability to Comply with the Scope of Services (15 Points) 1) Describe how your firm complies with the Scope of Services as outlined in the RFP? Clearly describe any deviations from the outlined Scope of Services. 4. Tab IV, Customer Service (10 Points) • Provide answers to the following questions in Tab IV. 1) Describe the level of staffing you would recommend for an onsite event hosting 70 participants? 2) What is your expected wait time for a participant at such an event? 3) How do you handle walk-ins to assure minimum wait and ensure program flow? 4) What number do you allow for additional non-registered members at onsite events? Explain process. Is a fee charged for exceeding that number? If so please explain. 5) Do you maintain online and telephonic customer service?What are the days and hours of operation? Can you meet the current Help Line service days/times? 6) What, if any, compensation is offered to members who experience substandard customer service due to your processes? 7) Does your firm offer a customer service survey to our members and/or management? If so, please supply copies of surveys. Explain how the survey results are acted upon and communicated to the provider. 8) Describe any service or performance guarantees being proposed by your firm; including placing a portion of revenue at risk in event those guarantees are not met. 5. Tab V, Managerial and Service Skills (10 Points) • Provide answers to the questions in Tab V and provide required documentation. 1). Please describe your annual management report. What are the goals of the report? Attach a sample of your annual management report. 2). Do you measure participation data in your annual report? How do you calculate participation? 3). Do you measure cohort data in your annual report? How do you perform this measurement? 4). Can you measure cohort data to a general population measurement or to your overall client population?Attach a sample of your cohort report. 5). Can you adjust comparison results for differences in demographics? 6). Who will comprise the primary service team? Describe their professional background. 7). Does your firm provide a designated staff person to our account? Please explain the responsibilities of this person as it pertains to our account. 8). Can your firm comply with the billing procedure as outlined in the Scope of Services? Clearly state exceptions. 9). Please explain your process of testing all operations prior to the "go live" date. 10). Can your firm meet the 60 day implementation date? If not, please provide your timeline 16-6615 RFP R FP_N on_CCNATemplate_01202016 11 Packet Page -1313- 7/12/2016 16.E.4. . 6. Tab VI, Proposal Price (20 Points) -All pricing must be fully disclosed. 1) What is your price per participant? a. October 1, 2016 through September 30, 2017 $ b. October 1, 2017 through September 30, 2018 $ c. October 1, 2018 through September 30, 2019 $ 2) What is your price per follow up test? a. Urine Cotinine i. October 1, 2016 through September 30, 2017 $ ii. October 1, 2017 through September 30, 2018 $ iii. October 1, 2018 through September 30, 2019 $ b. Al c i. October 1, 2016 through September 30, 2017 $ ii. October 1, 2017 through September 30, 2018 $ iii. October 1, 2018 through September 30, 2019 $ c. Lipid Panel i. October 1, 2016 through September 30, 2017 $ ii. October 1, 2017 through September 30, 2018 $ iii. October 1, 2018 through September 30, 2019 $ d. A1c plus Lipid Panel i. October 1, 2016 through September 30, 2017 $ ii. October 1, 2017 through September 30, 2018 $ iii. October 1, 2018 through September 30, 2019 $ e. Please clearly describe all other charges by contract year not included in the per participant charge: i. October 1, 2016 through September 30, 2017 ii. October 1, 2017 through September 30, 2018 iii. October 1, 2018 through September 30, 2019 7. Tab VII, References (10 points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: 16-6615 RFP R F P_N o n_C C NAT e m p l a te_0120 2 016 12 Packet Page -1314- 7/12/2016 16.E.4. • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A(or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to the whole number per Microsoft Excel. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Total Reference Vendor Name Points Awarded Score Vendor ABC 445 10 Vendor DEF 435 9.77 Vendor GI-II 425 9.55 Vendor JKL 385 8.26 Vendor MNO 385 8.26 Vendor PQR 250 4.64 Note:Sample chart reflects a 20 point reference criterion. The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 8. Tab VIII, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 9. Tab IX, Required Form Submittals • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements 16-6615 RFP RFP_Non CCNATemplate_01202016 13 Packet Page-1315- 7/12/2016 16.E.4. • Attachment 9: Reference Questionnaire • Other: i.e. signed addenda, licenses or certifications, promotional materials, etc. 16-6615 RFP R F P_N on_CCNATem plate_01202016 14 Packet Page-1316- 7/12/2016 16.E.4. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 2:30 PM, Naples local time, on or before May 10, 2016 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Rhonda Burns, FCCN, CPPB, Procurement Strategist 16-6615 RFP R F P_N on_CCNATem plate_01202016 15 Packet Page-1317- 7/12/2016 16.E.4. The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copy clearly labeled "Master," and six (6) flash drives with one copy of the proposal on each flash drive in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a selection committee to review all proposals submitted. 2. The Request for Proposal is issued. 3. Subsequent to the receipt closing date for the proposals, the Procurement professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP. 4. Selection committee meetings will be open to the public and the Procurement professional will publicly post prior notice of such meeting(s) in the lobby of the Purchasing Building and on the County's Procurement Services Internet site. 5. Prior to the first meeting (Organization Meeting) of the selection committee, the Procurement professional will post a notice announcing the date, time and place of the meeting at least three (3) working days prior to the meeting. At the initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the 16-6615 RFP R F P_N o n_C C N ATe m p l ate_01202016 16 Packet Page-1318- 7/12/2016 16.E.4. first meeting, the Procurement professional will publically announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be posted with at least one (1) day advanced notice. 6. Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 7. At the scheduled selection meeting, the members will present their independent findings/ conclusions/comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. At the conclusion of that discussion, members of the public will be offered an opportunity (not to exceed three (3) minutes)to provide comments. 8. At the conclusion of public comments (provided for in number 7), the selection committee members will individually rank order each proposer. Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, public comments, and/or additional credit information. 9. Once the individual ranking has been completed, the Procurement professional will direct selection committee members to read their individual ranking publically. The Procurement professional will record individual rankings on the Final Ranking Sheet which will mathematically compile into an overall selection committee rank of proposers. 10. In any of the selection committee meeting deliberations, by consensus, members may request to invite proposers in to clarify their proposals, ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their individual ranking and subsequent selection committee overall ranking and final ranking. 11. The selection committee's overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Strategist. By final consensus, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will create a final ranking and staff will subsequently enter into negotiations. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract, pending the final approval by the Board of County Commissioners. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 16-6615 RFP RFP_N on_CCNATem plate_01202016 17 Packet Page-1319- 7/12/2016 16.E.4. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Professional and Technical Capabilities 25 Points Tab III, Ability to comply With the Scope of Services 15 Points Tab IV, Customer Service 10 Points Tab V, Managerial and Service Skills 10 Points Tab VI, Proposal Price 20 Points Tab VII, References 10 Points Local Vendor Preference 10 Points TOTAL 100 Points Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. 16-6615 RFP RFP_Non_CCNATem pl ate_01202016 18 Packet Page -1320- 7/12/2016 16.E.4. Exhibit Ill: Collier County Purchase Order Terms and Conditions 1. Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and/or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and/or included on each package of less than services, or any similar act by VENDOR. container load (LCL) shipments and/or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and/or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and/or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates 16-6615 RFP R F P_N o n_C C N AT e m p l a t e_012 0 2016 19 Packet Page-1321- 7/12/2016 16.E.4. 5. Time Is Of the Essence and transportation shall conform to all Time for delivery of goods or performance of applicable laws, including but not limited to services under this Purchase Order is of the the Occupational Health and Safety Act, the essence. Failure of VENDOR to meet Federal Transportation Act and the Fair delivery schedules or deliver within a Labor Standards Act, as well as any law or reasonable time, as interpreted by the regulation noted on the face of the Purchase COUNTY in its sole judgment, shall entitle Order. the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to 9. Advertising reimburse the COUNTY for any expenses No VENDOR providing goods and services incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that further agrees that undiscovered delivery of it has contracted with the COUNTY for nonconforming goods and/or services is not goods and/or services, or appropriate or a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other upon further compliance with all identifying marks or property without the specifications. prior written consent of the COUNTY'S Purchasing Department. 6. Changes The COUNTY may at any time and by written notice make changes to drawings 10. Indemnification and specifications, shipping instructions, VENDOR shall indemnify and hold harmless quantities and delivery schedules within the the COUNTY from any and all claims, general scope of this Purchase Order. including claims of negligence, costs and Should any such change increase or expenses, including but not limited to decrease the cost of, or the time required for attorneys' fees, arising from, caused by or performance of the Purchase Order, an related to the injury or death of any person equitable adjustment in the price and/or (including but not limited to employees and delivery schedule will be negotiated by the agents of VENDOR in the performance of COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to the foregoing, VENDOR has an affirmative property (including property of the COUNTY obligation to give notice if the changes will or other persons), which arise out of or are decrease costs. Any claims for adjustment incident to the goods and/or services to be by VENDOR must be made within thirty (30) provided hereunder. days from the date the change is ordered or within such additional period of time as may 11. Warranty of Non-Infringement be agreed upon by the parties. VENDOR represents and warrants that all goods sold or services performed under this 7. Warranties Purchase Order are: a) in compliance with VENDOR expressly warrants that the goods applicable laws; b) do not infringe any and/or services covered by this Purchase patent, trademark, copyright or trade secret; Order will conform to the specifications, and c) do not constitute unfair competition. drawings, samples or other descriptions furnished or specified by the COUNTY, and VENDOR shall indemnify and hold harmless will be of satisfactory material and quality the COUNTY from and against any and all production, free from defects and sufficient claims, including claims of negligence, costs for the purpose intended. Goods shall be and expense, including but not limited to delivered free from any security interest or attorneys' fees, which arise from any claim, other lien, encumbrance or claim of any third suit or proceeding alleging that the party. These warranties shall survive COUNTY'S use of the goods and/or inspection, acceptance, passage of title and services provided under this Purchase Order payment by the COUNTY. are inconsistent with VENDOR'S representations and warranties in section 11 8. Statutory Conformity (a). Goods and services provided pursuant to this Purchase Order, and their production 16-6615 RFP R F P_N o n_CC NATe m p l ate_01202016 20 Packet Page-1322- 7/12/2016 16.E.4. If any claim which arises from VENDOR'S beyond their control, including, but without breach of section 11 (a) has occurred, or is limitation to war, strikes, civil disturbances likely to occur, VENDOR may, at the and acts of nature. When VENDOR has COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force the right to continue using the goods or majeure or other conditions which will delay services, or replace or modify the goods or or threatens to delay timely performance of services so that they become non-infringing, this Purchase Order, VENDOR shall (without any material degradation in immediately give notice thereof, including all performance, quality, functionality or relevant information with respects to what additional cost to the COUNTY). steps VENDOR is taking to complete delivery of the goods and/or services to the 12. Insurance Requirements COUNTY. The VENDOR, at its sole expense, shall provide commercial insurance of such type 15. Assignment and with such terms and limits as may be VENDOR may not assign this Purchase reasonably associated with the Purchase Order, nor any money due or to become due Order. Providing and maintaining adequate without the prior written consent of the insurance coverage is a material obligation COUNTY. Any assignment made without of the VENDOR. All insurance policies shall such consent shall be deemed void. be executed through insurers authorized or eligible to write policies in the State of 16. Taxes Florida. Goods and services procured subject to this Purchase Order are exempt from Florida 13. Compliance with Laws sales and use tax on real property, transient In fulfilling the terms of this Purchase Order, rental property rented, tangible personal VENDOR agrees that it will comply with all purchased or rented, or services purchased federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from and ordinances that are applicable to the federal excise tax. conduct of its business. By way of non- exhaustive example, this shall include the 17. Annual Appropriations American with Disabilities Act and all The COUNTY'S performance and obligation prohibitions against discrimination on the to pay under this Purchase Order shall be basis of race, religion, sex creed, national contingent upon an annual appropriation of origin, handicap, marital status, or veterans' funds. status. Further, VENDOR acknowledges and without exception or stipulation shall be 18. Termination fully responsible for complying with the This Purchase Order may be terminated at provisions of the Immigration Reform and any time by the COUNTY upon 30 days Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This 1324, et seq. and regulations relating Purchase Order may be terminated thereto, as either may be amended. Failure immediately by the COUNTY for breach by by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this laws referenced herein shall constitute a Purchase Order, provided that COUNTY has breach of the award agreement and the provided VENDOR with notice of such County shall have the discretion to breach and VENDOR has failed to cure unilaterally terminate said agreement within 10 days of receipt of such notice. immediately. Any breach of this provision may be regarded by the COUNTY as a 19. General material and substantial breach of the a) This Purchase Order shall be governed contract arising from this Purchase Order. by the laws of the State of Florida. The venue for any action brought to 14. Force Majeure specifically enforce any of the terms and Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall responsible for any delay or failure in be the Twentieth Judicial Circuit in and performance resulting from any cause for Collier County, Florida 16-6615 RFP R FP_N on_CCNATemplate_01202016 21 Packet Page-1323- 7/12/2016 16.E.4. b) Failure of the COUNTY to act associated with this Purchase Order in immediately in response to a breach of accordance with Florida Statute Chapter this Purchase Order by VENDOR shall 112.061, Per Diem and Travel not constitute a waiver of breach. Expenses for Public Officers, employees Waiver of the COUNTY by any default and authorized persons. by VENDOR hereunder shall not be e) In the event of any conflict between or deemed a waiver of any subsequent among the terms of any Contract default by VENDOR. Documents related to this Purchase c) All notices under this Purchase Order Order, the terms of the Contract shall be sent to the respective Documents shall take precedence over addresses on the face page by certified the terms of the Purchase Order. To the mail, return receipt requested, by extent any terms and /or conditions of overnight courier service, or by personal this Purchase Order duplicate or overlap delivery and will be deemed effective the Terms and Conditions of the upon receipt. Postage, delivery and Contract Documents, the provisions of other charges shall be paid by the the Terms and/or Conditions that are sender. A party may change its address most favorable to the County and/or for notice by written notice complying provide the greatest protection to the with the requirements of this section. County shall govern. d) The Vendor agrees to reimbursement of any travel expenses that may be 16-6615 RFP R FP_Non_CC NATempiate_01202016 22 Packet Page -1324- 7/12/2016 16.E.4. Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor 16-6615 RFP R F P_Non_CCNATempl ate_01202016 23 Packet Page -1325- 7/12/2016 16.E.4. hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 5. Vendor Performance Evaluation The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The resultant contract(s) may include purchase or work orders issued under one, or any combination of price methodologies by the County's project manager: Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material 16-6615 RFP RFP_Non CCNATemplate_01202016 24 Packet Page-1326- 7/12/2016 16.E.4. invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required). The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. The County's project manager, shall coordinate with the Vendor/Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 7. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk©collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional— payment by check, wire transfer or other cash equivalent. • Standard —payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. 16-6615 RFP R F P_Non_CC NATemplate_01202016 25 Packet Page -1327- 7/12/2016 16.E.4. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain , bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 16-6615 RFP R F P_N o n_CC NATe m p l ate_01202016 26 Packet Page-1328- 7/12/2016 16.E.4. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252- 2477. 10. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to 16-6615 RFP R FP_Non_CCNATem pl ate_01202016 27 Packet Page-1329- 7/12/2016 16.E.4. final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 17. Survivability Purchase Orders: The Contractor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 16-6615 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 18. Protest Procedures Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. 16-6615 RFP RFP_Non_CC NATem plate_01202016 28 Packet Page-1330- 7/12/2016 16.E.4. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 19. 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 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 20. Security and Background Checks If required, Vendor/Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 21. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 23. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute 16-6615 RFP R F P_N o n_C C NATe m p l ate_01202016 29 Packet Page -1331- 7/12/2016 16.E.4. for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.00v/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 24. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non- permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who 16-6615 RFP RFP_N on_CC NATem pl ate_01202016 30 Packet Page-1332- 7/12/2016 16.E.4. misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any proposer who fails to submit sufficient documentation with their proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. For all purchases of commodities and services procured through a competitive proposal process and not otherwise exempt from this local preference section, the solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection 11 B.2 (which are subject to Section 287.055, F.S.) and subsection 11 B.3 (which are subject to Section 11.45, F.S.) shall not be subject to this local preference section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 16-6615 RFP RFP_N on_CCNATem pl ate_01202016 31 Packet Page -1333- 7/12/2016 16.E.4. coffer County Administrative Services Department Procurement Services Division Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation 16-6615 Biometric Testing for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 16-6615 RFP R F P_N o n_CC NATem p I ate_01202016 32 Packet Page-1334- 7/12/2016 16.E.4. c.ofier County Administrative Services Department Procurement Services Division Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. fI The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Rhonda Burns, FCCN, CPPB, Procurement Strategist ❑ The mailing envelope must be sealed and marked with Solicitation 16-6615 Biometric Testing and May 10, 2016. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ❑ If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 16-6615 RFP R F P_N on_CCNATemplate_01202016 33 Packet Page-1335- 7/12/2016 16.E.4. Cover County Administrative Services Department - Procurement Services Division Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires 16-6615 RFP RFP_Non_CCNATem plate_01202016 34 Packet Page -1336- 7/12/2016 16.E.4. co Lie--county Administrative Services Department Procurement Services Division Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 16-6615 Biometric Testing Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: 16-6615 Biometric Testing. (Proposal Continued on Next Page) 16-6615 RFP R F P_N on_C C NATem p I ate_01202016 35 Packet Page -1337- 7/12/2016 16.E.4. PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number CCR# or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email 16-6615 RFP R F P_Non_CCNATem plate_01202016 36 Packet Page-1338- 7/12/2016 16.E.4. Co.tier County Administrative Services Department Procurement Services Division Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 16-6615 Biometric Testing (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Vendor must complete the following information: Year Business Established in ECollier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or El Lee (Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA El COLLIER COUNTY El LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) 16-6615 RFP R F P_N on_C C NATem pI ate_01202016 37 Packet Page -1339- 7/12/2016 16.E.4. Collier County Administrative Services Department Procurement Services Division Attachment 6: Immigration Affidavit Certification Solicitation:16-6615 Biometric Testing This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further,Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 16-6615 RFP R F P_N o n_C C NATe m p l ate_01202016 38 Packet Page -1340- 7/12/2016 16.E.4. co ier County Administrative Services Department Procurement Services Division Attachment 7: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual/Sole Proprietor Corporation _Partnership Tax Exempt (Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 16-6615 RFP RFP_Non_CCNATem plate_01202016 39 Packet Page -1341- 7/12/2016 16.E.4. Clter County Administrative Services Department Procurement Services Division Attachment 8: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ❑Automobile Liability $ Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $500.000 Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Professional Liability $ per claim and in the aggregate Packet Page-1342- 7/12/2016 16.E4. • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑Valuable Papers Insurance $ Per Occurrence ❑ Employee Dishonesty/Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. RLC 3/25/2016 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency 16-6615 RFP RFP_Non_CCNATem plate_01202016 41 Packet Page -1343- 7/12/2016 16.E.4. Cofer County Administrative Services Department Procurement Services Division Attachment 9: Reference Questionnaire Solicitation: 16-6615 Biometric Testing Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Completion Date: Project Budget: Project Number of Days: Change Orders- Dollars Added : Change Orders- Days Added: Citeria Score 1 Ability to secure information in compliance with HIPPA. 2 Efficient execution of implementation process. 3 Ability to provide qualified staff. 4 Quality of laboratory testing biometric measurements, and turn around time on results. 5 Quality of Accounty Management. 6 Efficiency of off-site or remote locations. 7 Ease of end-user registration process. 8 Marketing/Communication support for participants. 9 Ability to manage risks and unexpected project circumstances. 10 Resoulution of customer service issues or disputes. TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By 16-6615 RFP RFP_Non_CCNATem plate_01202016 42 Packet Page-1344-