Agenda 10/11/2016 Item #16E12 16.E.12
10/11/2016
EXECUTIVE SUMMARY
Recommendation to award Request for Proposal (RFP) #16-6646, "Onsite Health Advocacy
Coaching Services"to Naples Physician Hospital Organization d/b/a Community Health Partners.
OBJECTIVFF: To provide onsite health advocacy coaching services to members covered under the
Collier County Group Health Plan through the process of identification, management and reduction of
health risk factors.
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 and above, 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. The current Health Advocate program is administered by Community Health
Partners under an agreement that will terminate on December 31,2016.
The County Manager appointed a selection committee and RFP#16-6646 was solicited on May 23, 2016
with 151 emails sent.Twelve(12) interested vendors downloaded the solicitation. Proposals were due on
June 23, 2016. One vendor responded to the solicitation. The vendor was Naples Physician Hospital
Organization d/b/a Community Health Partners.
On July 13, 2016 the selection committee met and scored the proposal. The committee unanimously
voted to recommend that the Board enter into an Agreement with Naples Physician Hospital
Organization d/b/a Community Health Partners for a period of two years with the option to renew for an
additional two year period.
Due to the specialized nature of this service and the fact that services are located on site, it was not
unexpected that only one proposal was received. Many of these potential vendors will only offer
telephonic coaching services or do not have a local presence in Collier County and are thus, unwilling to
provide onsite health coaching services unless they have a broad employer base of local clients. Further,
the County's program is not an"off the shelf' program as it was created by staff in 2009. Staff believes
that onsite coaching is superior to telephonic coaching because it enables personal, face to face
engagement which enhances participation. This has been demonstrated through consistent participation
rates exceeding 93%. Finally, onsite health coaching promotes referral to the wellness staff, the onsite
health clinic and local providers.
FISCAL IMPACT: The estimated annual cost for calendar year 2017 is $384,000. The pricing is
comparable to similar sized employers in the area. Sufficient funds are budgeted within Fund 517, Group
Health and Life Insurance.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
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16.E12
10/11/2016
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval. -CMG
RECOMMENDATION: That the Board of County Commissioners awards RFP #16-6646, "Onsite
Health Advocacy Coaching Services"to Naples Physician Hospital Organization d/b/a Community Health
Partners and authorizes the Chairman to execute the attached County Attorney approved Agreement.
Prepared by: Jeff Walker,CPCU,ARM,Division Director,Risk Management
ATTACHMENT(S)
1. 16-6646 Onsite Health Advocacy Coaching Service Solicitation (PDF)
2. 16-6646 Final Rank(1) (PDF)
3. 16-6646 Agreement CHP (PDF)
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10/11/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.12
Item Summary: Recommendation to award Request for Proposal(RFP)#16-6646,"Onsite Health
Advocacy Coaching Services" to Naples Physician Hospital Organization d/b/a Community Health
Partners.
Meeting Date: 10/11/2016
Prepared by:
Title: Division Director-Risk Management—Risk Management
Name: Jeff Walker
08/26/2016 11:21 AM
Submitted by:
Title: Division Director-Risk Management—Risk Management
Name: Jeff Walker
08/26/2016 11:21 AM
Approved By:
Review:
Administrative Services Department Pat Pochopin Level 1 Division Reviewer Completed 08/26/2016 12:37 PM
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 08/26/2016 1:48 PM
Procurement Services Sandra Herrera Level 1 Purchasing Reviewer 1-4 Completed 08/26/2016 2:17 PM
Procurement Services Allison Kearns Level 1 Purchasing Reviewer 1-4 Completed 09/16/2016 5:56 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 09/20/2016 11:31 AM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 09/23/2016 2:03 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/26/2016 8:49 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/26/2016 4:01 PM
Office of Management and Budget Laura Wells Level 3 OMB 1st Reviewer 1-4 Completed 09/26/2016 4:38 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 11:33 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
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16.E.12.a
REQUEST FOR PROPOSAL
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solicitation 16-6646 Onsite Health Advocacy Coaching co
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Rhonda Burns, FCCN, CPPB, Procurement Strategist
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This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document ai
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. ,ate_)
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Table of Contents
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LEGAL NOTICE 3 0
EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 Q
EXHIBIT II:GENERAL RFP INSTRUCTIONS 11
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EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 15
EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 19
ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 28
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ATTACHMENT 2:VENDOR CHECK LIST 29
ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 30
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ATTACHMENT 4:VENDOR DECLARATION STATEMENT 31 d
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ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 33
ATTACHMENT 6:IMMIGRATION AFFIDAVIT CERTIFICATION 34
ATTACHMENT 7:VENDOR SUBSTITUTE W—9 35
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ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS 36 CO
ATTACHMENT 9:REFERENCE QUESTIONNAIRE 39
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Co er County
Administrative Services Department
Procurement Servic s Dhr„ivn C6
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Legal Notice
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Sealed Proposals to provide Onsite Health Coaching Advocacy Services will be received until 2:30 -'a
PM Naples local time, on June 23, 2016 at the Collier County Government, Purchasing Department,
3327 Tamiami Trail E, Naples, FL 34112.
Solicitation
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16-6646 Health Advocacy Coaching Service
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Services to be provided may include, but not be limited to the following: the services of a qualified a
vendor to provide onsite health advocacy coaching services to the members of the Collier County u.
Group Health Plan in support of its wellness based incentives program known as the Invest in Your -
Health Program.
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All statements shall be made upon the official proposal form which may be obtained on the Collier a;
County Purchasing Department Online Bidding System website: www.colliergov.net/bid. co
Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability o
or marital status. 7,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
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BY: /S/ Joanne Markiewicz td�
Director, Procurement Services
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This Public Notice was posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasinq and in the Lobby of Purchasing Building "G", Collier County
Government Center on May 23, 2016. U
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Exhibit I: Scope of Work, Specifications and Response Format
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As requested by the Collier County Risk Management Division (hereinafter, the "Division or
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Department"), the Collier County Board of County Commissioners Procurement Services Division c.)
(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 -o
requirements of the Specifications or Scope of Work stated.
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The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Purchasing Policy. a;
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Brief Description of Purchase 0
Since 2009, Collier County has administered an incentive based wellness program as part of its
Group Health Insurance Plan. The onsite Health Advocacy portion of the program has been
administered by Community Health Partners with offices located at the main campus of the a
Government Center.. Historically, County departments have spent approximately $887,000 annually.. u_
Background 3
The program is staffed by two health coaches and an administrative assistant. In addition to the health o)
advocacy team, the County operates two medical clinics to serve members and employs its own o
wellness staff who oversees the program and provides diabetes, cardiac, and weight management
programs, health challenges, on-site fitness, and stress reduction programs. Currently, health o
coaches are located on the main campus at 3311 Tamiami Trail East. Office space, telephone and .175
utilities are provided by the County at no additional cost. The vendor must provide their own internet
services.
The health plan contains three plan options, each with progressively richer benefits. These plans are
known as the Basic, Select and Premium plans. The incentives program requires members to
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complete certain activities or "qualifiers" to be able to enroll in the richest plan. Typically, the qualifying a,
period begins after October 1st and completes September 30th each year with certain deadlines
occurring during the qualifying the year. Employee members must complete qualifiers every other
year. Spouses complete qualifiers the alternate year. An employee year consists of approximately
2,000 members. A spouse year consists of approximately 1,100 members. The qualifying year
beginning October 1, 2016 will be a spouse year. Biometric data received shall be the property of the
Collier County Group Health Plan. °
A brief description of these qualifiers is as follows:
Basic Plan- None. a
Select Plan- Complete a blood draw and meet with the Health Advocate. _
Premium Plan- Complete the Select Plan qualifiers; complete an age and gender based physical
exam; complete a colonoscopy if over age 50 and mammogram at age 40; meet with the Health o
Advocates and/or wellness staff if 3 or more risk factors are present; complete a tobacco cessation
program if tobacco use is positive; complete diabetes education if required.
Participation rates in the program have consistently been 93% in the Select Plan with 85% reaching co
the Premium Plan level.
The selected vendor will serve as the "hub" whereby participants begin the qualifying process. The
County's philosophy is that face to face coaching is superior to other methods. The assistance, E
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coaching and direction provided by vendor staff are critical to the success of the program. Therefore,
the vendor selected must present the skillset and capabilities necessary to assure that members are a'
served effectively. The current programs offered to employees include the following:
• The Take Charge Diabetes Program
• The Commit to Quit Tobacco Cessation Program
• The HRA Healthy Bucks Education Program
• The MedCenter Onsite Health Clinic °
• Onsite Behavioral Health Services
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• The New You Weight Management Program
• Behavioral Health bi-monthly Wellness Education Programs
Detailed Scope of Work
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Proposers are urged to clearly detail any deviations from the scope of services. Proposers are also
encouraged to offer any suggestions for potential program improvements for consideration. At a
minimum, the successful vendor must demonstrate the ability to perform the following:
1. Provide onsite health coaching services. Off sight telephonic services will not be accepted. a.
2. Deliver a website through which members can obtain information, schedule biometric testing, ee
or schedule health advocate appointments. 2
3. Oversee onsite biometric events including scheduling, site setup, coordination with the vendor,
quality control and quality improvement, and all services necessary to assure a successful
event. o
4. Coordinate bi-weekly telephonic meetings with contracted biometric vendor for operational and
customer service issues. 9
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5. Employ health coaches who present the necessary professional medical education, training,
work history and interpersonal skillset to deliver high quality services to members; who haveto
experience managing onsite biometric testing programs and events; who present outstanding
interpersonal skills; who present a demonstrated ability to manage a complex wellness based
program similar to the County's program. N
6. Provide face to face and group coaching meetings.
7. Demonstrate the ability to interact and coordinate with the local physician community, as
needed. c°
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8. Possess the ability to accept and maintain biometric data from the County's biometric testing A
vendor. Supply wellness staff biometric encrypted member data as programs necessitate.
9. Must be able to produce or develop a comparative, multi-year member wellness report from
data collected, if requested. a
10. Track and report member participation on a monthly basis at the Invest in Your Health
meetings. Report New You weight program participant progress at monthly medical team
meetings. a;
11. Demonstrate experience in the coordination and management of onsite biometric testing
clinics and events. These events employ the use of venipuncture. 0
12. Demonstrate a wellness coaching philosophy and methodology. Sessions emphasize goal
setting with follow-up for members identified with 3 health risks.
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13. Design program "qualifying" engagement forms to record member health coach encounters.
Maintain detailed documentation on members as to meeting `qualifiers'. Documentation is
shared with the wellness staff upon request.
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14. Develop or assist in the development of a scope of services; oversee, recommend and 0
implement a separately sourced online member portal for future implementation, if requested.
The County reserves the right to contract directly for a portal; utilize the vendor's portal; or o
access a standalone portal through the selected vendor.
15. Demonstrate the ability to resource and coordinate the delivery of care to members based `z
upon the results of their biometric screening.
16. Deliver or coordinate the delivery of educational programs. z
17. Provide flexible scheduling and the resources necessary to manage periods of high service
requirements.
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18. Ensure the highest member participation rate is maintained through a variety of
communication methods.
19. Attend and present services at annual open enrollment meetings and monthly New Hire
Orientation sessions.
20. Annual pricing, payable in monthly installments is preferred. cc
21. Must be fully HIPAA compliant and enter into a Business Associate Agreement with the
County.
22. Must present a method of receiving and compiling member feedback and submit to the County
the data on a quarterly basis.
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Term of Contract
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The contract term, if an award(s) is/are made is intended to be for two (2) years with one (1) two co
(2)year renewal.
Prices shall remain firm for the initial term of this contract. Requests for consideration of a price a)
adjustment must be made prior to the contract anniversary date, in writing, to the Procurement `"
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Director. Price adjustments are dependent upon the budget availability and program manager
approval.
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Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
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Projected Solicitation Timetable _c
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.
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Event Date
Issue Solicitation Notice May 23, 2016
Last Date for Receipt of Written Questions June 17, 2016, 4:00
PM, Naples Local
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Addendum Issued Resulting from Written Questions TBD
Solicitation Deadline Date and Time June 23, 2016, 2:30
PM, Naples Local
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Anticipated Evaluation of Submittals June/July 2016
Vendor Presentations if Required TBDccs
Anticipated Completion of Contract Negotiations July 2016
Anticipated Board of County Commissioner's Contract September 2016
Approval Date
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Response Format °.)
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The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms 0
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
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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.
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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
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contains such variances may be considered non-responsive. 00
Proposals should be prepared simply and economically, providing a straightforward concise o
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 c°
proposal submission is strongly encouraged. °;
The items listed below shall be submitted with each proposal and should be submitted in the order cn
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)
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying o
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.
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2. Tab II, Experience of the firm (15 points)
Include under this tab, the answer to the following questions; p
a. Describe the background and history of your firm. co
b. Describe a similar program client that you currently serve which presents the same or similar
structure and complexity as the County's program. Describe your roles and responsibilities.
c. Detail the level of participation you have achieved with similar clients.
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d. How do you receive customer feedback, measure and report the quality of services provided?
Please provide a sample.
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e. Name the primary contact for the management of the program, their location and background.
f. What do you believe distinguishes your firm from other firms in this industry? 0
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3. Tab Ill, Professional Experience of the Proposed Health Coaches (20 points)
Under this tab, provide answers to the following; Q
a. Does your firm have the ability to provide onsite health coaches? Describe.
b. Describe your health coaching philosophy and methodology?
c. What would a coaching session look like?What is the optimal length of time for a coaching
session? 0
d. Provide the minimum education, background and skillset you seek in a health coach.
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e. Describe the interpersonal skills you seek in a health coach. How do they overcome resistance
from members?
f. What is the annual turnover rate of health coaches in your organization?
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g. How will your coaches leverage the programs and services currently offered to assist -a
members to improve their health?
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4. Tab IV, Ability to deliver the Scope of Services (30 points) o
Under this tab, provide answers to the following;
a. What do you believe is the optimal staffing model for this account?
b. Has your firm managed and coordinated onsite biometric testing events? Please describe your
role. con
c. Describe the quality improvement process you use for biometric events to assure success. °;
d. Can you provide a website with informational and scheduling capabilities as requested?
Please describe. `n
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e. Describe your experience with and ability to assist in the selection of a member portal should
the County pursue one. as
f. Can our firm comply with the flexibility requirements regarding a portal as described in the
Scope of Services? Describe.
g. Is there a standalone member portal your firm has used or recommended? o
h. Do you have the capability to receive and manage the biometric data of members? Q
i. Describe the information system you use to manage the health coaching process.
j. Can you produce or develop a comparative, multi-year member wellness report from data 76
collected, if requested? Please attach a sample, if possible.
k. Do you have the capability to deliver an annual employer management level cohort report?
Can you deliver this report no later than 2 months after the end of the qualifying year, i.e. p
November?
I. How will you manage the flexible resourcing needs of the program during periods of high
activity? `o
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m. Do you believe that every member should engage in a one on one health coach meeting or do
you believe a one on one meeting should be limited to members with health risks above a c
certain threshold or type?
n. What methods will you use to reach out to members to promote participation? 0
o. Describe the types of educational programs your firm has provided and the method of delivery.
p. Please attach sample forms your have used with similar employers. c
q. Please describe any exceptions you may take to the Scope of Services. -'a
r. Please describe any potential ideas or program improvements you might recommend?
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5. Tab V, Pricing (15 points) a;
The County is seeking a three year agreement with the option to renew for three additional o
one year periods. Please provide your proposed annual pricing below: v
January 1, 2017 through December 31, 2017
January 1, 2018 through December 31, 2018
January 1, 2019 through December 31, 2019 a
January 1, 2020 through December 31, 2020 u_
January 1, 2021 through December 31, 2021
January 1, 2022 through December 31, 2022
If you are proposing an alternative pricing model, please describe in Tab V.
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6. Tab VI, References (10 points)
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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. a)
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each vendor's information provided in this area: a,
• 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 0
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. 0
• 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.
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For illustrative purposes only, see chart for an example of how these points would be o
distributed among the five proposers.
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Vendor Name Vendor Total Reference Points Awarded C°
Score
Vendor ABC 445 10
Vendor DEF 435 9.77
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Vendor GI-II 425 9.33
Vendor JKL 385 8.07
Vendor MNO 385 8.07
Vendor PQR 250 4.53
Note:Sample chart reflects a 20 point reference criterion.
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The points awarded by vendor will be distributed to the Selection Committee prior to their o
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 73*
modify the reference points assigned after a thorough review of the proposal and prior to final =
ranking by the final Selection Committee. G)
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7. Tab VII, 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 a
tabbed section, it will be understood that no exceptions to these documents will be considered
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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 a
sole discretion of the County and Selection Committee.
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8. Tab VIII, Required Form Submittals
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• Attachment 2: Vendor Check List
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Statement
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• Attachment 5: Affidavit for Claiming Status as a Local Business a)
• Attachment 6: Immigration Affidavit Certification
• Attachment 7: Vendor Substitute W-9 v)
• Attachment 8: Insurance and Bonding Requirements
• Attachment 9: Reference Questionnaire 1E
• Other: i.e. signed addenda, licenses or certifications, promotional materials, etc.
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Exhibit II: General RFP Instructions
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1. Questions
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Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding v
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 Q
Procurement Strategist noted on the cover page.
2. Pre-Proposal Conference
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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 0
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.
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All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre- u.
proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", -a
prospective Vendors must be present in order to submit a proposal response.
3. Compliance with the RFP
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Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the
RFP may result in disqualification. o
4. Ambiguity, Conflict, or Other Errors in the RFP 'v
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It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, w
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
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to submitting the proposal. The Procurement Strategist will make modifications by issuing a written a,
revision and will give written notice to all parties who have received this RFP from the Purchasing
Department.
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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 Q
any discussions, negotiations, or, if applicable, any protest procedures.
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6. Delivery of Proposals
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All proposals are to be delivered before 2:30 PM, Naples local time, on or before June 23, 2016 0
to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Rhonda Burns, Procurement Strategist
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The County does not bear the responsibility for proposals delivered to the Purchasing c'
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 o
Director, or designee, reserves the right to accept proposals received after the posted close a
time under the following conditions: co
• 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 -a
or courier where delivery was scheduled before the deadline. _c
• The acceptance of said proposal does not afford any competing firm an unfair 73
advantage in the selection process. i
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Vendors must submit one (1) paper copy clearly labeled "Master," and six (6) disks
(CD's/DVD's) with one copy of the proposal on each disk in Word, Excel or PDF. List the 0
Solicitation Number and Title on the outside of the box or envelope. v
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7. Validity of ProposalsFt
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No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to re
the County prior to the time set for the closing of Proposals. All proposals shall be valid for a 13.
period of one hundred eighty(180) days from the submission date to accommodate evaluation 3
and selection process. a
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8. Method of Source Selection 00
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The County is using the Competitive Sealed Proposals methodology of source selection for this0
procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier
County Purchasing Policy. o�U
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The County may, as it deems necessary, conduct discussions with qualified Vendors determined 0
to be in contention for being selected for award for the purpose of clarification to assure full
understanding of, and responsiveness to solicitation requirements. in
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9. Evaluation of Proposals 1-
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The County's procedure for selecting is as follows: c.)
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1. The County Manager or designee shall appoint a selection committee to review all o
proposals submitted.-0>
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 s
responds to the requirements of the published RFP. 8
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 c
on the County's Procurement Services Internet site. co
5. Prior to the first meeting (Organization Meeting) of the selection committee, the co
Procurement professional will post a notice announcing the date, time and place of the co
meeting at least three (3)working days prior to the meeting. At the initial organization c
meeting, the selection committee members will receive instructions, the submitted N
proposals, and establish the next selection committee meeting date and time. After the E
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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 0
assist the selection committee member in their review of the proposals. ->a
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 0
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, a
additional information Collier County may request, clarification of proposer information, u.
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. o
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 'v
subsequent selection committee overall ranking and final ranking. o
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 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. o
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. 0
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.
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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.
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11. Proposal Selection Committee and Evaluation Factors c'
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The County Manager shall appoint a Selection Committee to review all proposals submitted. The o
factors to be considered in the evaluation of proposal responses are listed below.
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Tab II, Experience of the Firm 15 Points o
Tab III, Professional Experience of the proposed Health Coaches 20 Points -
Tab IV, Ability to deliver the Scope of Services 30 Points ctct
Tab V, Pricing 15 Points Ta
Tab VI, References 10 Points z
Local Vendor Preference 10 Points a;
TOTAL 100 Points c
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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 d
receive the higher ranking, the firm with the next lowest volume of work shall receive the nextce
highest ranking and so on.
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12. Acceptance or Rejection of Proposals Q
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The right is reserved by the County to waive any irregularities in any proposal, to reject any or all o
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 o
advantageous for the public and the County of Collier.
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Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, N
may be cause for rejection. In the event of default of the successful Vendor, or their refusal to a)
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.
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Exhibit Ill: Collier County Purchase Order Terms and Conditions
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1. Offer and to comply with all carrier as
This offer is subject to cancellation by the regulations. Risk of loss of any goods v
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 L3
issuance. delivery; provided that risk of loss prioro
to actual receipt of the goods by the a
2. Acceptance and Confirmation COUNTY nonetheless remain with s
This Purchase Order (including all VENDOR. as
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 a)
between the parties, unless otherwise otherwise specifically stated in this cn
specifically noted by the COUNTY on the Purchase Order. Unless otherwise 0
face of this Purchase Order. Each delivery provided in Purchase Order, no invoices cc
of goods and/or services received by the shall be issued nor payments made c`tc
COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and
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be upon the terms and conditions contained other charges are itemized, any Tt
in this Purchase Order. discount will be taken on the full amount LL
of invoice. fx
No additional terms may be added and c) All shipments of goods scheduled on the -a
Purchase Order may not be changed except same day via the same route must be `0
by written instrument executed by the consolidated. Each shipping container Q
COUNTY. VENDOR is deemed to be on must be consecutively numbered and cn
notice that the COUNTY objects to any marked to show this Purchase Order co
additional or different terms and conditions number. The container and Purchase
contained in any acknowledgment, invoice Order numbers must be indicated on bill o
or other communication from VENDOR, of lading. Packing slips must show R
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 0
services, or any similar act by VENDOR. container load (LCL) shipments and/or in
with each car load of equipment. The m
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3. Inspection COUNTY reserves the right to refuse or E
All goods and/or services delivered return any shipment or equipment at cu
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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 o
acceptance. All payments are subject to carrier the value of any shipment made o
adjustment for shortage or rejection. All under this Purchase Order and the full >,
defective or nonconforming goods will be invoice value of such shipment. 0
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returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase c'
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at VENDOR'S expense. Order number and any other specific >
information as identified on the e
To the extent that a purchase order requires Purchase Order. Discounts of prompt r
a series of performances by VENDOR, the payment will be computed from the date ra
COUNTY prospectively reserves the right to of receipt of goods or from date of I
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 c
early in the term of the Purchase Order are proper invoice and in compliance with 0
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non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise
COUNTY. known as the "Local Government -co
4. Shipping and Invoices Prompt Payment Act," and, pursuant to co
a) All goods are FOB destination and must the Board of County Commissioners
be suitably packed and prepared to Purchasing Policy. m
secure the lowest transportation rates E
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5. Time Is Of the Essence and transportation shall conform to all c
Time for delivery of goods or performance of applicable laws, including but not limited to e-
services under this Purchase Order is of the the Occupational Health and Safety Act, the o
essence. Failure of VENDOR to meet Federal Transportation Act and the Fair U
delivery schedules or deliver within a Labor Standards Act, as well as any law or
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reasonable time, as interpreted by the regulation noted on the face of the Purchase
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COUNTY in its sole judgment, shall entitle Order. >
the COUNTY to seek all remedies available -o
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to it at law or in equity. VENDOR agrees to 9. Advertising
reimburse the COUNTY for any expenses No VENDOR providing goods and services as
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 2
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 0
upon further compliance with all identifying marks or property without the v
specifications. prior written consent of the COUNTY'S co
Purchasing Department. m
6. Changes 4*
The COUNTY may at any time and by LL
written notice make changes to drawings 10. Indemnification ce
and specifications, shipping instructions, VENDOR shall indemnify and hold harmless E
quantities and delivery schedules within the the COUNTY from any and all claims, 3
general scope of this Purchase Order. including claims of negligence, costs and Q
Should any such change increase or expenses, including but not limited to a,
decrease the cost of, or the time required for attorneys' fees, arising from, caused by or co
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 o
delivery schedule will be negotiated by the agents of VENDOR in the performance of R
COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to
the foregoing, VENDOR has an affirmative property (including property of the COUNTY •o
obligation to give notice if the changes will or other persons), which arise out of or are co
decrease costs. Any claims for adjustment incident to the goods and/or services to be a)
by VENDOR must be made within thirty(30) provided hereunder. —
days from the date the change is ordered or a)
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within such additional period of time as may 11. Warranty of Non-Infringement a,
be agreed upon by the parties. VENDOR represents and warrants that all E
goods sold or services performed under this
7. Warranties Purchase Order are: a) in compliance with o
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;
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Order will conform to the specifications, and c)do not constitute unfair competition. o
drawings, samples or other descriptions >
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furnished or specified by the COUNTY, and VENDOR shall indemnify and hold harmless Q
will be of satisfactory material and quality the COUNTY from and against any and all -a
production, free from defects and sufficient claims, including claims of negligence, costs m
for the purpose intended. Goods shall be and expense, including but not limited to I
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 T
representations and warranties in section 11
8. Statutory Conformity (a). ,;r
Goods and services provided pursuant to a)
this Purchase Order, and their production
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If any claim which arises from VENDOR'S beyond their control, including, but without c
breach of section 11 (a) has occurred, or is limitation to war, strikes, civil disturbances a
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likely to occur, VENDOR may, at the and acts of nature. When VENDOR has ta
COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force 0
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 f.c)
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services so that they become non-infringing, this Purchase Order, VENDOR shall >
(without any material degradation in immediately give notice thereof, including all Q
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. a;
The VENDOR, at its sole expense, shall iii
provide commercial insurance of such type 15. Assignment p
and with such terms and limits as may be VENDOR may not assign this Purchase co-
reasonably
oreasonably associated with the Purchase Order, nor any money due or to become due coo
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Order. Providing and maintaining adequate without the prior written consent of the
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insurance coverage is a material obligation COUNTY. Any assignment made without Th
of the VENDOR. All insurance policies shall such consent shall be deemed void. a
be executed through insurers authorized or cc
eligible to write policies in the State of 16. Taxes -a
Florida. Goods and services procured subject to this t0
Purchase Order are exempt from Florida <t
13. Compliance with Laws sales and use tax on real property, transient a,
In fulfilling the terms of this Purchase Order, rental property rented, tangible personal 00
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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 o
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 c.)
American with Disabilities Act and all The COUNTY'S performance and obligation o cn
prohibitions against discrimination on the to pay under this Purchase Order shall be m
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basis of race, religion, sex creed, national contingent upon an annual appropriation of '_
origin, handicap, marital status, or veterans' funds. n
status. Further, VENDOR acknowledges a,
and without exception or stipulation shall be 18. Termination c
fully responsible for complying with the This Purchase Order may be terminated at 0
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provisions of the Immigration Reform and any time by the COUNTY upon 30 days o
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 0
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thereto, as either may be amended. Failure immediately by the COUNTY for breach by 0
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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 Q
breach of the award agreement and the provided VENDOR with notice of such t
County shall have the discretion to breach and VENDOR has failed to cure Ta
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 c
material and substantial breach of the a) This Purchase Order shall be governed 0
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contract arising from this Purchase Order. by the laws of the State of Florida. The
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venue for any action brought to cfl
14. Force Majeure specifically enforce any of the terms and a)
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 G,
performance resulting from any cause for Collier County, Florida E
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b) Failure of the COUNTY to act associated with this Purchase Order in c
immediately in response to a breach of accordance with Florida Statute Chapter
this Purchase Order by VENDOR shall 112.061, Per Diem and Travel o
not constitute a waiver of breach. Expenses for Public Officers, employees U
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 o
deemed a waiver of any subsequent among the terms of any Contract 'a
default by VENDOR. Documents related to this Purchase Q
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 O
upon receipt. Postage, delivery and Contract Documents, the provisions of (.6
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 Tt
with the requirements of this section. County shall govern. o_
d) The Vendor agrees to reimbursement of cc
any travel expenses that may be E
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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 o
companies duly authorized to do business in the State of Florida as set forth in the Insurance and U
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.
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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 w
73
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 a)
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. p
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 1
performed on behalf of Collier County."
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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.
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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
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endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under 0
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 o
deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work 76
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
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hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
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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 U
County for such costs within thirty(30) days after demand, the County has the right to offset these
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costs from any amount due Vendor under this Agreement or any other agreement between the o
County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it -a
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 p
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.
a.
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.
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3. Additional Items and/or Services
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Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the Purchasing Policy.
cn4. County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site
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during and after each work assignment the Vendor is performing. a,
5. Vendor Performance Evaluation
roThe 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 CD
contract within twenty one (21) days of Notice of Selection for Award. o
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: cD
Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred
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from the County to the contractor; and, as a business practice there are no hourly or material
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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 c)
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 o
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 ortu
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, rn-
materials, equipment, overhead, etc.)for a repetitive product or service delivered (i.e. installation p
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). to
The County reserves the right to include in any contract document such terms and conditions, as it a
deems necessary for the proper protection of the rights of Collier County. A sample copy of this
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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. 00
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7. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, cn
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.
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Invoices shall be sent to:
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Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
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Or emailed to: bccapclerkcollierclerk.com. s
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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.
CD
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16.E.12.a
• 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. to'
The County may not accept any additional surcharges (credit card transaction fees) as a result of o
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 o
"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 to
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.) o
Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment)
unless specifically authorized by the Project Manager. o
c.
Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt a
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.
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In instances where the successful contractor may owe debts (including, but not limited to taxes or o
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 o
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 in
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. co
8. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply to
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 a
penetrations must be protected in order to meet Fire Codes.
a)
Collier County Government has authorized OSHA representatives to enter any Collier County facility, o
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.
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All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
E
16-6646 ca
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16.E.12.a
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
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9. Licenses
RS
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The Vendor is required to possess the correct Business Tax Receipt, professional license, and any 0
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 -a
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.
0
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. a
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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.
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10. Principals/Collusion
0
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 'U
other than therein mentioned has any interest in this Proposal or in the contract to be entered into; �o
that this Proposal is made without connection with any person, company or parties making a a)
Proposal, and that it is in all respects fair and in good faith without collusion or fraud.
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11. Relation of County (i),
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 .c
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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
CD
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. E
16-6646
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Packet Pg. 1882
16.E.12.a
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 0'
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 U
firm.
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14. Public Records Compliance -0
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 cD
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and 00
provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A a
copy of the document may be submitted with the solicitation response and the document number u_
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.
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16. Single Proposal
0
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-
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consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a 0
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
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requirement will be deemed non-responsive and rejected from further consideration. 0,
17. Survivability
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Purchase Orders: The Contractor agrees that any Purchase Order that extends beyond the
expiration date of the original Solicitation 16-6646 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
�a
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 o
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
16-6646 cv
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Packet Pg. 1883
16.E.12.a
within two (2) calendar days (excluding weekends and County holidays) of the date that the
recommended award is posted.
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Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be E
given instructions as to the form and content requirements of the formal protest. A copy of the o
"Protest Policy' is available at the office of the Procurement Director. 0
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19. Public Entity Crime o
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
03
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 p
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.
a.
20. Security and Background Checks
T2
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 03
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.
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21. Conflict of Interest
U)
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 N
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 0
U
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, 03
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. -a
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. o
23. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United `a
States and to employ only individuals who are eligible to work in the United States.
E
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16-6646
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25
Packet Pg. 1884
16.E.12.a
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
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 o
services and construction services. U
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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 Commissioners7.9
Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of i
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 o
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 CD
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. a)
For additional information regarding the Employment Eligibility Verification System (E-Verify) program
visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to a
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 'v
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. a,
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 a)
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 E
16-6646 c13
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26
Packet Pg. 1885
16.E.12.a
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 v
lose the privilege to claim Local Preference status for a period of up to one year. o
Under this solicitation proposers desiring to receive local preference will be invited and required to U
affirmatively state and provide documentation as set forth in the solicitation in support of their 0
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.
a)
For all purchases of commodities and services procured through a competitive proposal process 7)
and not otherwise exempt from this local preference section, the solicitation shall include a p
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 11B.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. a
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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. 3
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. o
A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to 0
the County will lose the privilege to claim Local Preference status for a period of up to one year.
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16.E.12.a
Caber Ce014141tY
Administrative Services Department t7)
Procurement S E:-ices Divrsion
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Attachment 1: Vendor's Non-Response Statement U
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 >a
Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please a
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.
N
We are not responding to Solicitation 16-6646 On-Site Health Advocacy Coaching Service for the 0
following reason(s): CD-
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[ Services requested not available through our company.
❑ Our firm could not meet specifications/scope of work. ce
[ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) 3
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❑ Project is too small.
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❑ Insufficient time allowed for preparation of response.
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[ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
to
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Name of Firm:
Address:
City, State, Zip:
Telephone:
Email: co
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Representative Signature:
Representative Name: Date
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16-6646 as
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28
Packet Pg. 1887
16.E.12.a
Cornier County
Administrative Services Department
Procurement Services DiE
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Attachment 2: Vendor Check List
a
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:
E. The Proposal has been signed.
❑ All applicable forms have been signed and included, along with licenses to complete the
requirements of the project. 0
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❑ Any addenda have been signed and included. co
❑ The mailing envelope has been addressed to:
a.
Collier County Government u..
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Rhonda Burns, Procurement Strategist
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❑ The mailing envelope must be sealed and marked with Solicitation 16-6646 Onsite Health
Advocacy Coaching Services and June 23, 2016. o
❑ 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.) 'o
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❑ 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 N
downloaded.
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET. >,
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Name of Firm: o
Address:
7a
City, State, Zip: z
Telephone:
0
Email:
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Representative Signature:
Representative Name: Date
16-6646
RFP_Non_CCNATemplate_01202016
29
Packet Pg. 1888
16.E.12.a
Coltier County
Administrative Services Department
Procurement Services Division
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Attachment 3: Conflict of Interest Affidavit
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By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, -o
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. a;
Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the 0
Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract
and/or project duration.
Firm: **
a.
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Signature and Date: 12
cc
Print Name
Title of Signatory co
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State of
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County of U)
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 • o
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CIS
Notary Public o
My Commission Expires
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16-6646 c0
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RFP_Non_CCNATemplate_01202016 <(
30
Packet Pg. 1889
16.E.12.a
CoUier Covaity
Adm�nistra6ve Ser'€ces Department
Procuren;ent Serrices Di./ision :E
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Attachment 4: Vendor Declaration Statement 0
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to
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V
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112 2
m
RE: Solicitation: 16-6646 On-site Health Advocacy Coaching Service N
0
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 a
fraud. u_
7_
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 a)
all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the oo
proposal documents listed by Solicitation: 16-6646 On-site Health Advocacy Coaching Service.
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(Proposal Continued on Next Page)
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16-6646
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31
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16.E.12.a
PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 a)
in the County of , in the State of
C.)
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Firm's Legal Name:
0
Address: t°
0
0
City, State, Zip Code: -0
4-
Florida Certificate of
Authority Document Number: _
Federal Tax Identification a)
Number
CCR# or CAGE Code 0
to-
Telephone:
to
FAX:
a
u_
Signature by:
(Typed and written)
R
Title: a
Additional Contact Information co
Send payments to: co_
(required if different from above) Company name used as payee
Contact name: 0
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Title: V
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Address: y
City, State,ZIP
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Telephone: a)
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0
FAX: f°
0
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Email: V
0
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
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Title:
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Address:
0
CO
City, State,ZIP
CO
Telephone: Email
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16-6646 ca
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32
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16.E.12.a
Co ier
County
Administrative Services Department a
Procurerner:Servc sDIi,alon
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Attachment 5: Affidavit for Claiming Status as a Local Business
Solicitation: 16-6646 On-site Health Advocacy Coaching Service(Check Appropriate Boxes Below) o
State of Florida(Select County if Vendor is described as a Local Business Q
❑ Collier County -c
❑ Lee County as
as
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County a'
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 0
for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the cas
business with a permanent physical business address located within the limits of Collier County from which the ca
cD
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 a
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, Q
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 o)
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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.
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Vendor must complete the following information:
0
Year Business Established in ❑Collier County or ❑ Lee County: cn
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Number of Employees(Including Owner(s)or Corporate Officers):
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Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s)or Corporate Officers): a)
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If requested by the County, vendor will be required to provide documentation substantiating the information given in
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this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
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Vendor Name: Date:
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0
Collier or Lee County Address: -a
Signature: Title:
STATE OF FLORIDA
�I COLLIER COUNTY ❑ LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of
, 20 0
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Notary Public
My Commission Expires:
a)
(AFFIX OFFICIAL SEAL)
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16-6646 e
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33
Packet Pg. 1892
16.E.12.a
e ff4e-r County
Administrative Services Department
Prawurercent Services Division
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Attachment 6: Immigration Affidavit Certification U
Solicitation: 16-6646 On-site Health Advocacy Coaching Service
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with -o
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 I Bidder's proposal as non-responsive. 0
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
v
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"). co
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) ft
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
oo
Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System co
(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. o
.17'm
Company Name
Print Name Title U)
a)
Signature Date
a)
c
State of
U
f0
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)
a)
Notary Public Signature 2
m
Printed Name of Notary Public c
0
Notary Commission Number/Expiration CO
t9
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy cg
of this affidavit to interrogatories hereinafter made.
�.t
16-6646
RFP_Non_CCNATemplate_01202016 rzY
34
Packet Pg. 1893
16.E.12.a
Cofpe-r County
Administrative Services Department
Procurement Services Division
Attachment 7: Vendor Substitute W—9
Request for Taxpayer Identification Number and Certification (j
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) N
Taxpayer Name 0
(as shown on income tax return)
Business Name co
(if different from taxpayer name)
Address City
4170-
State
State Zip u-
Telephone FAX Email
Order Information Remit/Payment Information
co
Address Address co
City State Zip City State Zip
FAX FAX
}
Email Email
U)
a>
2. Company Status (check only one)
a>
cn
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 j
(D=Disregarded Entity, C=Corporation, P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN)
�a
a>
(Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) Z
a)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. 0
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Signature Date coo
Title Phone Number ;•
-
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a>
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s
16-6646
RFP_Non_CCNATemplate_01202016
35
Packet Pg. 1894
16.E.12.a
eoifier Comity
Administrative Services Depainent
Froairerner4 Services Di,.'Esion
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 o
Compensation Statutory Limits and Requirements ->a
2. ® Employer's Liability $100,000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage =
Liability(Occurrence Form) a;
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 0
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability
cn
4. IN Indemnification To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier a.
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys'fees and
ea
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 Q,
of this Agreement. This indemnification obligation shall not be construed to 0
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.
U
4. ❑Automobile Liability $ Each Occurrence; Bodily Injury& Property Damage, in
Owned/Non-owned/Hired; Automobile Included m
U
5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence
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noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
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$ Per Occurrence U
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❑ Maritime Coverage(Jones Act)shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
LI 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 y
under this Agreement. _
$ Per Occurrence
❑ Pollution $ Per Occurrence 0
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cr
® Professional Liability $1,000,000 Per Occurrence
• $ 500,000 each claim and in the aggregate
r
• $1,000,000 each claim and in the aggregate c
• $2,000,000 each claim and in the aggregate a)
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
Packet Pg. 1895
16.E.12.a
• $2,000,000 per claim and in the aggregate
❑ Valuable Papers Insurance $ Per Occurrence a)
❑ Employee Dishonesty/Crime $ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County. >,
U
CS
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 -a
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All `L
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. a)
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 9
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety cn
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 *k
a
general policy holders rating and Class V or higher rating as to financial size u_
categoryand the amount required shall not exceed 5% of the reported policy -tea
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.
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8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to °r°
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions. ifs
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9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial
General Liability where required. �o
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County 2.
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance m
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all C)
work performed on behalf of Collier County. a'
11. ® Thirty(30) Days Cancellation Notice required. o
RLC 5/13/2016
CS
U
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.
a)
z
Name of Firm Date
N
Vendor Signature p
ca
Print Name
CD
Insurance Agency
Agent Name Telephone Number
s
c
16-6646
RFP_Non_CCNATemplate_01202016 Q
37
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38
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16.E.12.a
Cotler- County
Administrative Services Department
Procurer yen!Services Division :E
Attachment 9: Reference Questionnaire o
U
Solicitation: 16-6646 On-site Health Advocacy Coaching Service
Reference Questionnaire for:
0
(Name of Company Requesting Reference Information) Q
(Name of Individuals Requesting Reference Information)
x
Name: Company: m
(Evaluator completing reference questionnaire) (Evaluator's Company completing reference) c
0
Email: FAX: Telephone:
to-
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Collier County is implementing a process that collects reference information on firms and their key personnel to be used cin
in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a
a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the u.
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). 2
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."
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Project Description: Completion Date: co
Project Budget: Project Number of Days:
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Change Orders- Dollars Added : Change Orders- Days Added:
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Item Citeria Score cn
1 Ability to cost effectively manage the programs offered.
2 Ability to administer programs effectively. vs
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3 Quality of Health Advocate Coaching staff.
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4 Quality of consultative advice provided to the client.
5 Professionalism and ability to manage personnel.
6 Project administration (completed documents, final invoice, final product turnover; -a
invoices; manuals or going forward documentation, etc.)
7 Ability to verbally communicate and document information clearly and succinctly. s'
8 Abiltity to manage risks and unexpected project circumstances. a)
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 0
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10 Overall comfort level with hiring the company in the future (customer satisfaction). coo
TOTAL SCORE OF ALL ITEMS
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Please FAX this completed survey to: By
16-6646
RFP_Non_CCNATemplate_01202016
39
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16.E.12.c
AGREEMENT16-6646 Tn-
a)
for
a
Onsite Health Advocacy Coaching Services
C,
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THIS AGREEMENT, made and entered into on this day of 2016,
by and between Naples Physician Hospital Organization, Inc. d/b/a Community Health
Partners, authorized to do business in the State of Florida, whose business address is 851
Fifth Avenue North, Suite 201, Naples, Florida 34102, (the "Contractor") and Collier County, a 0
political subdivision of the State of Florida, (the "County"): 2
U)
WITNESSETH:
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1. AGREEMENT TERM. The Agreement shall be for a two (2) year period, commencing
on January 1, 2017, and terminating on (2) year(s) from that date or until all outstanding o
Purchase Orders issued prior to the expiration of the Agreement period have been U
completed or terminated.
O
The County may, at its discretion and with the consent of the Contractor, renew the a
Agreement under all of the terms and conditions contained in this Agreement for one
(1) additional two (2) year period. 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 CD
written notice of the County's intention to extend the Agreement term prior to the end of
a.
the Agreement term then in effect.
T.!L
2. STATEMENT OF WORK. The Contractor shall provide assistance, coaching and
direction to the participants and serve as the "hub" whereby participants begin the a
qualifying process in accordance with the terms and conditions of RFP #16-6646
co
"Onsite Health Advocacy Coaching Service," Exhibit A — Scope of Work, and the co
Contractor's proposal referred to herein and made an integral part of this Agreement. a.
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.
3. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement the fixed price monthly amount in Exhibit B — Fee Schedule and per the
price methodology as defined in Section 3.1. Payment will be made upon receipt of a
proper invoice and upon approval by the Risk Management Director, or his designee, ;`
and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act."
ti
Page 1 of 13
Agreement#16-6646"Onsite Health Advocacy Coaching Services"
Packet Pg. 1900
16.E.12.c
3.1 Price Methodology: Lump Sum (Fixed Price): a firm fixed total price offering CI)
for a project; the risks are transferred from the County to the Contractor; and, as a
0.
business practice there are no hourly or material invoices presented, rather, the
contractor must perform to the satisfaction of the County's project manager before
c.)
payment for the fixed price contract is authorized.
3,2 Any County agency may purchase services under this Agreement, provided
sufficient funds are included in their budget(s).
3.3 Payments will be made for services furnished, delivered, and accepted, upon 2
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
cf)
"laches" as untimely submitted. Time shall be deemed of the essence with respect to the
timely submission of invoices under this Agreement. 1E
c.)
4. 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 c.)
performance of the Work. Collier County, Florida as a political subdivision of the State 0
of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter -0
212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. _c
5. 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:
Naples Physician Hospital Organization (.6
d/b/a Community Health Partners
ti)
851 Fifth Avenue North, Suite 201
Naples, Florida 34102 47
0_
Attention: Kathy Jardone, Chief Operating Officer u_
Telephone: 239-659-7700 T.!
Facsimile: 239-659-7799
Email: kjardone@chealthpartners.com
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All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to: a.
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Director, Procurement Services Division (.0
,st•
Telephone: 239-252-8407
Facsimile: 239-252-6480
W
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Page 2 of 13
Agreement#16-6646'Onsite Health Advocacy Coaching ServiceN
ISA))
Packet Pg. 1901
16.E.12.c
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.
a.
6. 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.
7. 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 0
County will not be obligated to pay for any permits obtained by Subcontractors. 2
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
co
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 o
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
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employed by the Contractor.
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8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to -c
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
such violation, conduct, or practice to the satisfaction of the County within twenty-four a
(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.
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9. TERMINATION. Should the Contractor be found to have failed to perform his services co
in a manner satisfactory to the County as per this Agreement, the County may terminate a
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.
L
In the event that the County terminates this Agreement, Contractor's recovery against a
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.
E
Page 9 Agreement#16-6646"Onsite Health Advocacy Coaching Services' ,
Packet Pg. 1902
16.E.12.c
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin. CD
a.
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11. 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 0
Limits in compliance with the applicable state and federal laws. o
d
The coverage must include Employers' Liability with a minimum limit of $100,000 for
each accident. CD
c
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 o
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 $1,000,000 each
claim and in the aggregate. o
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
date. Coverage afforded under the policies will not be canceled or allowed to expire a
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. co
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Contractor shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall indemnify and hold harmless Collier County, its officers and employees from any e
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
Page 4 of 13 �g
Agreement#16-6646"Onsite Health Advocacy coaching Services" ,
�jG
Packet Pg. 1903
16.E.12.c
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph. c
This section does not pertain to any incident arising from the sole negligence of Collier
County. Ta
a)
12.1 The duty to defend under this Article 12 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 E
upon presentation of a claim by any party and written notice of such claim being 0
provided to Contractor. Contractor's obligation to indemnify and defend under this .2
Article 12 will survive the expiration or earlier termination of this Agreement until it is 0
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 in
of limitations. 0)
c
a
13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of o
the County by the Risk Management Division. o
U
14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and o
shall acquire no interest, either direct or indirect, which would conflict in any manner with a
the performance of services required hereunder. Contractor further represents that no _c
persons having any such interest shall be employed to perform those services. To
x
15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the 1,
following component parts, all of which are as fully a part of the Agreement as if herein c
o
set out verbatim: Contractor's Proposal, Insurance Certificate(s), RFP #16-6646, Exhibit u
A - Scope of Work, Exhibit B — Fee Schedule, and Exhibit C — Business Associate Qo
Agreement. to
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16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
ce
the parties herein that this Agreement is subject to appropriation by the Board of County -a
Commissioners. ''
4
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
co
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other co
item of value to any County employee, as set forth in Chapter 112, Part III, Florida o.
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County i
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 E
of the firm from contact with County staff for a specified period of time; b. Prohibition by a)
the individual and/or firm from doing business with the County for a specified period of 6
time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate to
termination of any Agreement held by the individual and/or firm for cause. to
,--
18.
18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to E
comply, at its own expense, with all federal, state and local laws, codes, statutes, s
Page 5 of 13 a
Agreement#16-6646"Onsite Health Advocacy Coaching Services';
(C
Packet Pg. 1904
16.E.12.c
ordinances, rules, regulations and requirements applicable to this Agreement, including L
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as '6
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, a.
but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida 76
Public Records Law Chapter 119, including specifically those contractual requirements =
at F.S. § 119.0701(2)(a)-(b) as stated as follows: >,
i=
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE E
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE 0
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC cp
RECORDS AT:
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al
Communication and Customer Relations Division a-
3299 Tamiami Trail East, Suite 102 0
Naples, FL 34112-5746
Telephone: (239) 252-8383 cti
0
The Contractor must specifically comply with the Florida Public Records Law to: a
f,
7-0
1. Keep and maintain public records required by the public agency to perform the
service. 40
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 o
inspected or copied within a reasonable time at a cost that does not exceed the 6
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from Tt
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the w
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 a
public records in possession of the Contractor or keep and maintain public a)
records required by the public agency to perform the service, If the Contractor o
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 i
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 a)
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 up
agency.
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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
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referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County a_
encourages and agrees to the successful proposer extending the pricing, terms and 7,3
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful proposer.
20. 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 0
shall remain in effect. o
21. 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. a�
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by o
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 beas
attended by representatives of Contractor with full decision-making authority and by o
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 TTs
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 N
be attended by representatives of Contractor with full decision-making authority and by o
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
as required hereunder, the other party may obtain a court order requiring mediation
under section 44.102, Fla. Stat. a
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23. VENUE. Any suit or action brought by either party to this Agreement against the other P.
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. co
25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement 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 required services on a timely e
basis, and each person assigned shall be available for an amount of time adequate to
meet required service.
26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of (.0
any of the Contract Documents, the terms of the Request for Proposal (RFP), the
Contractor's Proposal, and/or the County's Board approved Executive Summary, the E
Contract Documents shall take precedence. t
Page 7 of 13
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27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without y
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 a.,
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 E
responsible for all associated costs. If required, Contractor shall be responsible for the 0
costs of providing background checks by the Collier County Facilities Management
Division 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. c'
0
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 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-FMOPScolliergov.net) whenever an employee assigned to 0
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. CD
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Agreement#16-6646"Onsite Health Advocacy Coaching Services'
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16.E.12.c
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.
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0.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Donna Fiala, Chairman 0
Dated: 0
(SEAL)
Naples Physician Hospital Organization,
Inc. d/b/a Community Health Partners
Contractor
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By:
First Witness Signature 0
'Type/print witness name. TType/print signature and title
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Second Witness
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Approved as to Form and Legality:
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Page 9 of 13
Agreement#16-6646"Onsite Health Advocacy Coaching Services
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16.E.12.c
Exhibit A: Scope of Work
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At a minimum, the Contractor must demonstrate the ability to perform the following: 0
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1. Provide onsite health coaching services. Off site telephonic services will not be 70
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accepted. z
2. Deliver a website through which members can obtain information, schedule biometric 2
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testing, or schedule health advocate appointments. 0
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3. Oversee onsite biometric events including scheduling, site setup, coordination with the 0
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vendor, quality control and quality improvement, and all services necessary to assure .E
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a successful event. co
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4. Coordinate bi-weekly telephonic meetings with contracted biometric vendor for u
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operational and customer service issues. u
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5. Employ health coaches who present the necessary professional medical education, 0
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training, work history and interpersonal skillset to deliver high quality services to -0
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members; who have experience managing onsite biometric testing programs and -2
events; who present outstanding interpersonal skills; who present a demonstrated a)
ability to manage a complex wellness based program similar to the County's program. 2
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6. Provide face to face and group coaching meetings. co-
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7. Demonstrate the ability to interact and coordinate with the local physician community, co
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as needed. a.
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8. Possess the ability to accept and maintain biometric data from the County's biometric
testing vendor. Supply wellness staff biometric encrypted member data as programs <
necessitate. c"
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9. Must be able to produce or develop a comparative, multi-year member wellness report 1
from data collected, if requested. u
10.Track and report member participation on a monthly basis at the Invest in Your Health
2.)
meetings. Report New You weight program participant progress at monthly medical <IT
team meetings. to
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11.Demonstrate experience in the coordination and management of onsite biometric ,-
testing clinics and events. These events employ the use of venipuncture,
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Page 10 of 13
Agreement#16-6646"Onsite Health Advocacy CoachinaServices41:)
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Packet Pg. 1909
16.E.12.c
12.Demonstrate a wellness coaching philosophy and methodology. Sessions emphasize
goal setting with follow-up for members identified with 3 health risks.
a.
13.Design program "qualifying" engagement forms to record member health coach
encounters. Maintain detailed documentation on members as to meeting 'qualifiers'.
Documentation is shared with the wellness staff upon request.
14.Develop or assist in the development of a scope of services; oversee, recommend and
implement a separately sourced online member portal for future implementation, if v
requested. The County reserves the right to contract directly for a portal; utilize the
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vendor's portal; or access a standalone portal through the selected vendor.
15.Demonstrate the ability to resource and coordinate the delivery of care to members (r),
based upon the results of their biometric screening.
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16.Deliver or coordinate the delivery of educational programs.
17.Provide flexible scheduling and the resources necessary to manage periods of high
service requirements.
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18.Ensure the highest member participation rate is maintained through a variety of
communication methods.
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19.Attend and present services at annual open enrollment meetings and monthly New
Hire Orientation sessions. CD
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20.Annual pricing, payable in monthly installments is preferred.
21.Must be fully HIPAA compliant and comply with the Business Associate Agreement
with the County, attached hereto as Exhibit C.
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22.Must present a method of receiving and compiling member feedback and submit to the o.
County the data on a quarterly basis.
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Page 11 of 13
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Packet Pg. 1910
16.E.12.c
Exhibit B—Fee Schedule
Term Yearly Fee— Paid on a Monthly Basis a.
January 1, 2017 through December 31, 2017 $384,000 annually
($32,000 per month)
January 1, 2018 through December 31, 2018 $395,520 annually
0
($32,960 per month)
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January 1, 2019 through December 31, 2019 $407,388 annually
($33,949 per month)
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January 1, 2020 through December 31, 2020 $407,388 annually
($33,949 per month)
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January 1, 2021 through December 31, 2021 $407,388 annually
($33,949 per month)
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January 1, 2022 through December 31, 2022 $407,388 annually
($33,949 per month) -c
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Page 12 of 13
Agreement#16-6646'Onsite Health Advocacy Coaching SeniiceV,,,
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16.E.12.c
Exhibit C — Business Associate Agreement
(following this page)
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Agreement#16-6646"Onsite Health Advocacy Coaching Services'+"
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16.E.12.c
12
BUSINESS ASSOCIATE AGREEMENT a)
a.
This Business Associate Agreement ("Agreement") is entered into between COLLIER
COUNTY("Covered Entity") and Naples Physician Hospital Organization, Inc. d/b/a Community Health Ta
Partners, ("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 '2
a)
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
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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 "Secretaty") (the "HITECH Act"); and
other applicable state and federal laws, all as amended from time to time, including as amended by the >
-a
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 a)
Modifications to the HIPAA Rules"; and
WHEREAS, the HIPAA Regulations require Covered Entity to enter into an agreement with
0
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 INT
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 1-I1TECH Act, as applicable unless otherwise defined herein. co
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2. Ohl i gations 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 a)
other than as permitted or required by this Agreement or as Required By Law.
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(c)
a)
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16.E.12.c
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)
to cam 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(0(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
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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 P111 has
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been breached. a)
b. Appropriate Safeguards. Business Associate shall implement administrative.
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physical and technical safeguards that (i) reasonably and appropriately protect the confidentiality. 0
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 a)
by 45 CFR § 164.310 and technical safeguards as required by 45 CFR § 164.312; (ii) implement and
document reasonable and appropriate policies and procedures as required by 45 CFR § 164.316; and (iii)
be in compliance with all requirements of the HITECH Act related to security and applicable as if 0
Business Associate were a"covered entity,"as such term is defined in 1.11PAA. (15
d. Compliance with Privacy Provisions. Business Associate shall only Use and
(I)
Disclose PHI in compliance with each applicable requirement of 45 CFR § 164.504(e). Business 47
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).
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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.
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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 be provided or transmitted in a manner which renders a)
such Pill unusable, unreadable or indecipherable to unauthorized persons, through the use of a technology to
or methodology specified by the Secretary in the guidance issued under section 13402(h)(2) of the
IIITECH 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.
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Page 2 of 10
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16.E.12.c
3. Reporting. a)
a. Security incidents and/or Unauthorized Use or Disclosure. Business Associate shall a.
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 a)
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
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requirements of Section 3.b below. a)
b. Breach of Unsecured PHI. The provisions of this Section 3.b are effective with respect
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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,
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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 >,
c.)
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).
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Business Associate shall promptly supplement the written report with additional information regarding
the Breach Breach as it obtains such information. Business Associate shall cooperate with Covered Entity in
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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 a.
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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 T.!
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containing substantially the same provisions as this Agreement.
5. Rights of Individuals. o
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a. Access to PHI. Within ten (10) day's of receipt of a request by Covered Entity, a.
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 4E"
CER § 164.524. Subject to Section 5.b below, (i) in the event that any Individual requests access to PHI a)
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
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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.
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h. 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 a.
pursuant to 45 CFR § 164.524 and makes such a request to Business Associate, Business Associate shall ..
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provide such individual with a copy of the information contained in such Electronic Health Record in an a)
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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 'E
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of such information, but such fee may not exceed Business Associate's labor costs in responding to the E
request for the copy. The provisions of 45 CFR § 164.524, including the exceptions to the requirement to E
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provide a copy of PHI, shall otherwise apply and Business Associate shall comply therewith as if 0
Business Associate were the "covered entity," as such term is defined in HIPAA. At Covered Entity's o
request, Business Associate shall provide Covered Entity with a copy of an Individual's PHI maintained (r)
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. a)
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c. Amendment of PHI. Business Associate agrees to make any amendment(s) to ..E
PHI in a Designated Record Set that Covered Entity directs or agrees to pursuant to 45 CFR § 164.526 at 0
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the request of Covered Entity or an Individual,and in the time and manner designated by Covered Entity. o
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d. Accounting Rights. This Section 5.d is subject to Section 5.e below. Business ca
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Associate shall make available to Covered Entity, in response to a request from an Individual, information o
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required for an accounting of disclosures of PHI with respect to the Individual, in accordance with 45 -a
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CFR § 164.528, incorporating exceptions to such accounting designated under such regulation. Such ..c
accounting is limited to disclosures that were made in the six (6) years prior to the request and shall not Ws
a)
include any disclosures that were made prior to the compliance date of the HIPAA Regulations. Business I
a)
Associate shall provide such information as is necessary to provide an accounting within ten (10) days of _
(f)
Covered Entity's request. Such accounting must he provided without cost to the Individual or to Covered c
Entity if it is the first accounting requested by an Individual within any six(6) month period; however, a
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reasonable, cost-based fee may be charged for subsequent accountings during that period if Business ‘t
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Associate informs Covered Entity and Covered Entity informs the Individual in advance of the fee, the T
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Individual is afforded an opportunity to withdraw or modify the request and charging such fee is not ;T
otherwise contrary to law. Such accounting obligations shall survive termination of this Agreement and a.
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shall continue as long as Business Associate maintains PHI. pc
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e. Accounting of Disclosures of Electronic Health Records. The provisions of this
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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 0-)
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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 a.
Operations,as applicable. Such accounting shall comply with the requirements of the HITECH Act. Upon =
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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 0
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Covered Entity responds to an Individual's request for an accounting of Disclosures made through an a)
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Electronic Health Record by providing the requesting Individual with a list of all business associates a)
acting on behalf of Covered Entity,then Business Associate shall provide such accounting directly to the <
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requesting Individual in the time and manner specified by the HITECH. Act.
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Page 4 of 10 I
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Agreement No. 16-6646"Onsite Health Advocacy Coaching Services
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16.E.12.c
Agreement to Restrict Disclosure. If Covered Entity is required to comply with a
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 a.
of the name of the Individual requesting the restriction and the PHI affected thereby. Business Associate
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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 Emily
shall also notify Business Associate of any other restriction to the Use or Disclosure of PHI that Covered .E
Entity has agreed to in accordance with 45 CFR § 164,522.
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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 a)
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 Pill 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: (1) 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 -o
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 7a
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,
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books and records relating to the Use and Disclosure of PHI available to the Secretary for purposes of
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determining Covered Entity's compliance with the 1-IIPAA Regulations and the HITECH Act. Except to
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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 ft
Associate shall provide to Covered Entity a copy of any PH1 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
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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.
4E.
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.
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Paize 5 of 10
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10. Termination. ,i-)
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a. Breach by Business Associate. If Covered Entity knows of a pattern of activity or a.
practice of Business Associate that constitutes a material breach or violation of Business Associate's
713
obligations under this Agreement, then Covered Entity shall promptly notify Business Associate. With co
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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 .—
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notice to Business Associate,Covered Entity may terminate its relationship with Business Associate, E
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b. Breach by Covered Entity. if Business Associate knows of a pattern of activity or 0
practice of Covered Entity that constitutes a material breach or violation of Covered Entity's obligations .2
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tinder this Agreement, then Business Associate shall promptly notify Covered Entity. With respect to a)
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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 iw
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Covered Entity, Business Entity may terminate its relationship with Covered Entity. al
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c. Automatic Termination. This Agreement will automatically terminate, without 0
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any further action by the parties hereto, at such time as there are no longer any Service Agreements by 0
and between the parties hereto.
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d. Effect of Termination. Upon termination of this Agreement for any reason,
Business Associate shall either return or destroy all P1-11, 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. -c
If Covered Entity requests that Business Associate return PHI, such PHI shall be returned in a mutually To
agreed upon format and timeframe. If Business Associate reasonably determines that return or i
destruction is not feasible, Business Associate shall continue to extend the protections of this Agreement ....(4.4?
to such PHI, and limit further uses and disclosures of such PHI to those purposes that make the return or c
destruction of such PHI not feasible. If Business Associate is asked to destroy the PHI, Business (45
Associate shall destroy PHI in a manner that renders the PHI unusable, unreadable or indecipherable to -I-
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unauthorized persons as specified in the HITECH Act.
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11. Amendment. The parties acknowledge that state and federal laws relating to data security a.
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and privacy are rapidly evolving and that amendment of this Agreement may be required to ensure ce
compliance with such developments. The parties specifically agree to take such action as is necessary to '2
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implement any new or modified standards or requirements of HIPAA, the HIPAA Regulations, the
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HITECH Act and other applicable laws relating to the security or confidentiality of PHI. Upon the request
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of Covered Entity, Business Associate agrees to promptly enter into negotiation concerning the terms of co
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an amendment to this Agreement incorporating any such changes. •,-•
a.
12. No Third Party Beneficiaries. Nothing express or implied in this Agreement is intended =
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to confer, nor shall anything herein confer, upon any person other than Covered Entity, Business '5
Associate and their respective successors or assigns, any rights, remedies, obligations or liabilities a)
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whatsoever. ct)
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13. Effect on Underlying Arrangement. In the event of any conflict between this Agreement
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and any underlying arrangement between Covered Entity and Business Associate, the terms of this iii•
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Agreement shall control. (4?
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14. Survival. The provisions of this Agreement shall survive the termination or expiration of
a)
any underlying arrangement between Covered Entity and Business Associate. E
Page6 of I 0 (
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Agreement No. 16-6646"Onsite Health Advocacy Coaching Services
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16.E.12.c
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15. Interpretation. This Agreement shall he interpreted as broadly as necessary to implement c‘i
and comply with HIPAA, the H1PAA Regulations and the HITECH Act. The parties agree that any a.
ambiguity in this Agreement shall he resolved in favor of a meaning that complies and is consistent with
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such laws.
16. Governing Law. This Agreement shall be construed in accordance with the laws of the
State of Florida.
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17. Notices. All notices required or permitted tinder this Agreement shall be in writing and
sent to the other party as directed below or as otherwise directed by either party, front time to time, by
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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: 239-252-80480
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If to Business Associate: Naples Physician Hospital Organization
d!b/a Community Health Partners
851 Fifth Avenue North, Suite 201
a)
Naples, Florida 34102
Attention; Kathy Jardone,Chief Operating Officer
Telephone: 239-659-7700
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Facsimile: 239-659-7799 (.6
kjardone@chealthpartners.com
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(1),
18, Indemnification. The Business Associate shall indemnify and hold harmless Covered Entity a.
and any of Covered Entity's affiliates, directors, officers, employees and agents from and against any cc
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. co
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19. Miscellaneous. D.
a. Severability. In the event that any provision of this Agreement is adjudged by any court
a)
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 cp
(1)
such void or unenforceable provision had been deleted.
h. 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. a)
Page 7 of 10 0
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a)
c. Entire Aareement. This Agreement constitutes the entire agreement between the parties
as
hereto relating to the subject matter hereof, and supercedes any prior or contemporaneous a.
verbal or written agreements, communications and representations relating to the subject
matter hereof.
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d. Counterparts. Facsimile. This agreement may be signed in two or more counterparts,
each of which shall he 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.
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(signature page to follow)
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Page 8 of 10
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as
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of the date first set forth above. -c
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COVERED ENTITY: PE
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
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By:
Jeff Walker, Director of Risk Management
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a)
First Witness: BUSINESS ASSOCIATE:
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Signature Naples Physician Hospital Organiz2tion
d/hia Community Health Partners
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Print Name: By:
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Second Witness: Print Name: (1)
a)
(t)
Signature Title:
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Print Name:
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a.
As to Form and Legality:
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kistant County Attorney a)
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a)
a)
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Page 9 of 10
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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. 16-6646 "Onsite
Health Advocacy Coaching Services."
a)
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(c.)
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Page 10 of 10
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