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Agenda 09/22/2015 Item #16E 4 9/22/2015 16.E.4. EXECUTIVE SUMMARY Recommendation to award RFP#15-6426, Group Insurance Brokerage and Actuarial Services to Willis of Florida, Inc. OBJECTIVE: To select a vendor to provide group insurance brokerage, consulting, and actuarial services in support of the county's group insurance program. CONSIDERATION: The Board of Commissioners through the Risk Management Division offers a comprehensive group insurance program to its employees and their eligible dependents. In order to properly manage the program, the County enters into an actuarial and benefits consulting professional services agreement to obtain the services necessary to administer the program. Services provided under this agreement can be broken down into the following categories. Regulatory, Accounting and Actuarial • The completion of the required state filings with the Florida Department of Insurance pursuant to Florida Statutes Section 112.08 • The completion of an annual actuarial evaluation of the health plan to meet external audit requirements • Completion of the bi-annual GASB 45 OPEB evaluation to meet external audit requirements • The development of prospective health, dental and disability rates for the budget • The completion of a critical factor analysis to identify health plan cost drivers • The development and monitoring of local physician/hospital fee schedules with cost estimates • The development of plan design structure and cost estimates • The provision of financial, legal and tax advice relative to 26 US Code Section 125, COBRA, HIPAA, and other regulations • Assistance with the compliance aspects of the Patient Protection Affordability and Accountability Act of 2010 Insurance Brokerage, Vendor Selection and Other Services • The marketing and placement of group health reinsurance • The marketing and placement of group life, disability, dental and other insurance products as requested • Assistance in the preparation of RFP's for third party claims administration, flexible spending account services. and pharmacy benefit management services • The completion of employee focus groups and similar surveys The existing agreement will expire on December 31. 2015. In anticipation of this, the Procurement Services Division established a selection committee and RFP#15-6426 was released to interested firms. The Notice of RFP was issued on April 21, 2015 to 110 registered vendors. The RFP packet was downloaded by 26 vendors. A total of two firms submitted proposals. The selection committee met on June 17. 2015 and the proposals were scored. The unanimous consensus of the committee resulted in the following ranking of the firms. 1) Willis of Florida 2) Buck Consultants Packet Page -1793- 9/22/2015 16.E.4. A two year agreement with the option to renew for two additional one year periods has been negotiated and is included as part of this request for approval. The commencement date of the agreement is January 1, 2016. FISCAL IMPACT: The annual fees are $96,820 per year for the core services provided under the contract and an additional $7,500 for the preparation of the GASB 45 OPEB study every two years. The vendor is paid on a flat fee basis and is not permitted to accept commissions on employer paid insurance products. Funds are budgeted within Fund 517, Group Health and Life for this purpose. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval-CMG RECOMMENDATION: That the Board approves the award of RFP#15-6426 to Willis of Florida, Inc. for Group Benefit Brokerage and Actuarial Services authorizing the Chairman to execute the agreement for services. PREPARED BY: Jeff Walker, CPCU, ARM,Division Director, Risk Management Division Attachments: 1)Agreement; 2) RFP#15-6426 Group Insurance Actuarial Solicitation; and 3)RFP#15-6426 Final Ranking Sheet Packet Page -1794- 9/22/2015 16.E.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.4. Item Summary: Recommendation to award RFP#15-6426, Group Insurance Brokerage and Actuarial Services to Willis of Florida, Inc. Meeting Date: 9/22/2015 Prepared By Name: WalkerJeff Title: Division Director-Risk Management, Administrative Services Department 8/26/2015 8:10:04 AM Submitted by Title: Division Director-Risk Management, Administrative Services Department Name: WalkerJeff 8/26/2015 8:10:05 AM Approved By Name: MarkiewiczJoanne Title: Division Director-Procurement Services, Administrative Services Department Date: 8/26/2015 10:02:41 AM Name: HerreraSandra Title: Manager-Procurement, Administrative Services Department Date: 8/26/2015 11:07:01 AM Name: pochopinpat Title: Administrative Assistant. Administrative Services Department Date: 8/27/2015 9:07:58 AM Name: CummingsRhonda Title: Procurement Specialist, Administrative Services Department Date: 8/31/2015 2:01:57 PM Name: GreeneColleen Packet Page -1795- 9/22/2015 16.E.4. Title: Assistant County Attorney, CAO General Services Date: 9/1/2015 10:09:19 AM Name: PriceLen Title: Department Head-Administrative Svc, Administrative Services Department Date: 9/1/2015 2:33:57 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/1/2015 2:56:17 PM Name: WellsLaura Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 9/8/2015 12:24:20 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 9/9/2015 11:17:34 AM Arnitt Packet Page -1796- 9/22/2015 16.E.4. AGREEMENT15-6426 for Group Insurance Actuarial and Brokerage Services THIS AGREEMENT, made and entered into on this day of 20 , by and between Willis of Florida, Inc., authorized to do business in the State of Florida, whose business address is 849 7th Avenue South, Suite 201, Naples, Florida 34102, (the "Consultant") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. COMMENCEMENT/TERM. The Agreement shall be for a two (2) year period, commencing on January 1,2016, and terminate on December 31,2018. The County may, at its discretion and with the consent of the Consultant, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Consultant written notice of the County's intention to renew the Agreement term not less than ten (10) days 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 Consultant written notice of the County's intention to extend the Agreement term not less than thirty(30) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Consultant shall provide Group Insurance Actuarial and Brokerage Services in accordance with Exhibit A, Scope of Services, attached hereto, and the terms and conditions of RFP #15-6426 and the Consultant's proposal referred to herein and made an integral part of this Agreement. This Agreement_ contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County Purchasing Ordinance, as amended, and Purchasing Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of this Agreement in accordance with Exhibit B "Cost of Services", attached hereto and made part of this Agreement. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Page 1 of 14 Agreement#15-6426 "Group Insurance Actuarial and Brokerage Services" Packet Page -1797- 9/22/2015 16.E.4. Commissions paid to the Consultants for any voluntary or 100% employee-paid benefits will be paid by the insurance carrier. 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of 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. 4. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes,Certificate of Exemption# 85-8015966531C-2. 5. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Willis of Florida, Inc. 849 7th Avenue South,Suite 201 Naples,Florida 34102 Attention: Michael R. Meredith, Executive Vice President Telephone: 239-659-4512 Facsimile: 239-262-5338 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamianii Trail, East Naples, Florida 34112 Attention:Joanne Markiewicz, Director, Procurement Services Division Telephone: 239-252-8407 Facsimile: 239-252-6480 The Consultant 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. Page 2 of 14 Agreement#15-6426 "Croup Insurance Actuarial and Brokerage Services" c • Packet Page -1798- 9/22/2015 16.E.4. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant 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 Consultant. The County will not be obligated to pay for any permits obtained by Subconsultants. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Consultant be found to have failed to perform the services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Consultant shall not be entitled to any other or further recovery against the County, including, hut not limited to, any damages or any anticipated profit on portions of the services not performed. Page 3 of 14 Agreement#15-6426 "Group Insurance Actuarial and Brokerage Services" Packet Page-1799- GA 9/22/2015 16.E.4. 10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex,color,creed or national origin. 11. INSURANCE. The Consultant 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 Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C.Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $100,000 for each accident. D. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Consultant 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. 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 Consultant during the duration of this Agreement. The Consultant 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 until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Consultant 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 Consultant from its insurer, and nothing contained herein shall relieve Consultant of this requirement to provide notice. Page 4 of 14 Agreement#15-6426 "Group Insurance Actuarial and Brokerage Services" Packet Page -1800- 9/22/2015 16.E.4. Consultant shall ensure that all sub-Consultants comply with the same insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Consultant,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 Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 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 Consultant, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Consultant. Consultant's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Risk Management Division. 14. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal, Insurance Certificate(s), RFP #15-6426-Group Insurance Actuarial and Brokerage with any Addenda, Exhibit A "Scope of Services", Exhibit B "Cost of Services" and Exhibit C "Business Associate Agreement". Page 5of14 Agreement#15-6426 "Group Insurance Actuarial and Brokerage Services" Packet Page -1801- 9/22/2015 16.E.4. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 18. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including,but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. §119.0701(2)(a)-(d) and (3))) stated as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the Consultant to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Consultant upon termination of Page 6 of 14 Agieeutent#15-6426 "Group Insurance Actuarial and Brokerage Services" Packet Page -1802- 9/22/2015 16.E.4. the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a Consultant does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. If Consultant observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract 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 shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Ordinance, as amended, and Purchasing Procedures. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102,Fla. Stat. 23. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the Page 7 of 14 Agreement#15-6426 "Group Insurance Actuarial and Brokerage Services" Packet Page -1803- 9/22/2015 16.E.4. appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. CONTRACT STAFFING. The Consultant's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Consultant shall assign as many people as necessary to complete the services on a timely basis,and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Consultant shall not change Key Personnel unless the following conditions are met (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Consultant shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 25. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP), the Consultant's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 26. ASSIGNMENT. Consultant shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Consultant does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Consultant all of the obligations and responsibilities that Consultant has assumed toward the County. Page 8 of 14 Agreement#15-6426 "Group Insurance Actuarial and Brokerage Services" Packet Page -1804- 9/22/2015 16.E.4. IN WITNESS WHEREOF, the parties hereto,have each, respectively, by an authorized person or agent,have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY,FLORIDA Dwight E. Brock,Clerk of Courts By: By: Tim Nance, Chairman Dated: (SEAL) Willis of Florida, Inc. Consultant By: First Witness Signature 1-Type/print witness namet TType/print signature and titlet Second Witness TType/print witness nameT Approved as to Form and Legality: r �' Assistant Counts Attorney Print Name Page 9 of 14 Agreement#15-6426 "Group insurance Actuarial and Brokerage Services" 0 Packet Page -1805- 9/22/2015 16.E.4. Exhibit A "Scope of Services" Collier County Government offers a comprehensive group insurance program to its employees and their dependents. There are approximately 1,860 employees and 4,300 covered lives under the program. The core benefit program consists of employer paid or partially paid group health, life, dental, short and long-term disability,vision and AD&D insurance. Collier County is self-insured with excess insurance for its group health program and fully insured for its group life program. The marketing and placement of these coverages and Consultant services is managed under a brokerage contract. The contracted broker is remunerated on a fee basis for consultation related to the placement of these coverages and Consultant services. In addition to the marketing and placement of coverage under the program, the County requires the completion of various actuarial projects to assure that the program is in conformance with management objectives and remains in compliance with state required fiduciary requirements. This service need requires an integrated approach to benefits consultation, which will include the marketing of the County's insurance program in accordance with the development of actuarial modeling to appropriately evaluate the variety and effectiveness of group insurance alternatives. Due to this integrated approach, these consultative services shall require the use of licensed brokerage professionals and qualified actuarial professionals to meet the County's statutory obligations and to monitor program performance. These services shall include,but not be limited to the following: 1) Prepare an analysis, and recommend Consultants to provide services or financial products related to the County's self-insured group health insurance program including but not limited to the following,if requested. a. Third party claims administration. b. Pre-certification,utilization review,disease management and large case management. c. Managed care networks. d. Group health excess insurance. e. Other services or products as may be appropriate. 2) Prepare an analysis, and recommend a fully insured group health insurance program, if requested. 3) Prepare an analysis, and recommend employer paid group insurance coverage to include the following,if requested. a. Group Life Insurance b. Group Accidental Death and Dismemberment c. Long Term Disability d. Short Term Disability(fully or self funded) e. Group Dental (fully or self funded) 4) Prepare an analysis, and recommend ancillary benefits or services that may include but not be limited to the following,if requested. Page 10of14 Agreement#15-6426 "Group Insurance Actuarial and Brokerage Services" Packet Page -1806- 9/22/2015 16.E.4. a. Phlebotomy and Biometric Testing b. Supplemental Life c. Supplemental AD&D d. Vision e. Cancer f. Hospital Income g. Group Legal h. Other services or products as may be appropriate. 5) Review the County's flexible spending account and health reimbursement account programs to include the solicitation,analysis, review, and recommendation of account administration firms and plan design,if requested. 6) Provide enrollment support services for the annual open enrollment period,if requested. 7) Perform a qualitative and financial due diligence analysis of the County's managed care network. Prepare a Request for Proposal "RFP", receive proposals, prepare an analysis, and recommend a Consultant for managed care network services if requested. 8) Prepare an RFP, receive proposals, prepare an analysis, and recommend Pharmacy Benefit Management firms for the County's selection to include the actuarial analysis of various pricing and benefit options. 9) Provide educational, training information and services pertaining to current issues in the area of benefits law and administration including all state and federal laws that govern group insurance programs. Communicate upcoming mandates and work with staff to assure that mandates are met. The Consultant shall have access to qualified staff and/or outside employee benefits legal counsel. 10) Provide actuarial services to include the following. a. Complete the annual FS 112.08 actuarial study and submit for approval to the Department of Insurance. b. Review the rate structure(s)of self funded programs to examine the adequacy of funding levels. Submit self funded program rates to the County for budgeting purposes by December 30th of each year. c. Prepare a midyear update of self funded health rates as of June 30 each year to assure rate sufficiency. d. Prepare an annual group health rating appendix that displays rates by plan, salary tier, smoking/non smoking, and single/family. e. Re-balance the group health rating structure periodically to assure that rates are properly distributed. f, Develop financial alternatives relative to proposed plan design options. g. Develop self funded Short Term Disability rates. 11) Develop group health and group benefit plan design alternatives as directed to include the following services. a. Develop the associated actuarial modeling to support plan designs. Page 11of14 Agreement r15-6426 "Group Insurance Actuarial and Brokerage Services" Packet Page -1807- 9/22/2015 16.E.4. b. Perform management interviews to assess management philosophy. c. Perform employee focus groups, utilizing at least 10% of the employee group as a random sample.Develop recommendations based upon findings. d. Review plan options with management. e. Assist with the preparation of Board presentations and attend if requested. f. Assist in the development of Plan and Summary Plan Description wording. g. Assist with information technology matters as appropriate. 12) Develop a standard set of reports that measure the quantitative and qualitative aspects of the group health insurance program and review same with the County on an annual basis. Make recommendations commensurate with findings. 13) Collier County Healthcare Purchasing Consortium- In addition to the above, shall possess the necessary consulting expertise to assist the County in its participation in the Collier County Healthcare Purchasing Consortium. The Consultant shall assist in various projects including the participation in monthly meetings; the identification of cost drivers; the joint purchase of benefits and services;review of case management firms;review of managed care arrangements; review of managed care network pricing structures; assistance with the development of performance based outcomes measures. 14) Plan Documents-Plan documents will be provided upon request. 15) Data Warehousing- Receive and maintain claims data on a regular basis for the purposes of actuarial, underwriting, and marketing of county benefits programs. The Consultant shall be required to sign the County's standard HIPAA Business Associate Agreement, attached hereto as Exhibit C. Page 12 of 14 Agreement#15-6426 "Group insurance Actuarial and Brokerage Services" Packet Page -1808- 9/22/2015 16.E.4. Exhibit B "Cost of Services" The Consultant shall be paid a flat fee as outlined below. Further, the Consultant shall be permitted to accept a commission on insurance coverage purchased by employees on a voluntary basis. It is understood by the parties that such voluntary purchase does not include the employee's portion of a core benefit program but shall include any non employer paid benefit as well as the cost to buy additional benefits above the core benefit as provided by the County. The Consultant agrees to disclose the total fees, commissions, and other earnings paid to the Consultant either by the County or by an insurance company or other vendor doing business with the County on an annual basis. This disclosure shall be provided to the County by January 31st of each year for the most recently completed fiscal year. The County reserves the right to request the disclosure of compensation received by the Consultant at other times as it deems necessary. Failure to provide a disclosure of compensation received may result in the termination of the agreement. I. Flat Fee for Group Insurance Brokerage and Actuarial Services: $96,820.00/annually (to be paid in monthly lump sum payments) II. GASB 45 Analysis: $ 7,500.00 for completion as required on alternating years; Note: valuations can be done for this fee as requested by Collier County. Page 13 of 14 Agreement#15-6426 "Group Insurance Actuarial and Brokerage Services" Packet Page -1809- 9/22/2015 16.E.4. Exhibit C "Business Associate Agreement" (following this page) Page 14of14 Agreement#15-642b "Group insurance Actuarial and Brokerage Services" Packet Page -1810- 9/22/2015 16.E.4. EXHIBIT C HIPAA BUSINESS ASSOCIATE AGREEMENT THIS HIPAA BUSINESS ASSOCIATE AGREEMENT ("Agreement") is made by and between Collier County, Florida (hereinafter referred to as "Client") and Willis of Florida, Inc., (hereinafter referred to as "Willis"). This Agreement is effective as of the date signed by Client. RECITALS WHEREAS, Client is a "covered entity"within the meaning of 45 CFR§ 160.103; WHEREAS, WILLIS provides accounting, consulting, or other services to Client and, in connection therewith, Client wishes to disclose "protected health information" within the meaning of 45 CFR § 160.103 to WILLIS and WILLIS wishes to receive protected health information and, on behalf of Client, create, maintain, or transmit protected health information (collectively, "Client's PHI"); WHEREAS,WILLIS is a "business associate"within the meaning of 45 CFR§ 160.103; WHEREAS, Client and WILLIS intend to protect the privacy and provide for the security of Client's PHI in compliance with the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act of 2009, and the regulations and policy guidance thereunder ("HIPAA Rules"); WHEREAS, the HIPAA Rules require that Client receive adequate assurances that WILLIS will comply with certain obligations with respect to Client's PHI and, accordingly, the parties hereto desire to enter into this Agreement for the purpose of setting forth in writing the terms and conditions for the use, disclosure, and safeguarding of Client's PHI, including provisions required by the HIPAA Rules as the same may be amended from time to time; NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: TERMS OF AGREEMENT 1. Obligations and Activities of WILLIS. a. Permitted and Required Uses and Disclosures. WILLIS shall not use or disclose Client's PHI except as permitted or required by this Agreement or as required by law. Specifically, WILLIS agrees as follows: i. WILLIS may only use or disclose Client's PHI as necessary to perform the services set forth in the service agreement, if any, between Client Page 1 of 8 Agreement#15-6426 "Group Insurance Actuarial and Brokerage Services" r Packet Page -1811- 9/22/2015 16.E.4. EXHIBIT C and WILLIS,to perform functions, activities, or services for, or on behalf of, Client as requested by Client from time to time, or as required by law. ii. WILLIS shall use or disclose only the "Minimum Necessary" amount of information, as such term is defined in the HIPAA Rules, required to conduct the authorized activities herein, except that WILLIS will limit disclosures to a limited data set as set forth in 45 CFR § 164.514(e}(2) as required by the HIPAA Rules. iii. WILLIS may not use or disclose Client's PHI in a manner that would violate Subpart E of 45 CFR Part 164 if done by Client, except that WILLIS may use or disclose Client's PHI for the proper management and administration of WILLIS or to carry out the legal responsibilities of WILLIS, provided the use or disclosures are required by law or WILLIS obtains reasonable assurances from the person to whom the information is disclosed that Client's PHI will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies WILLIS of any instances of which it is aware in which the confidentiality of Client's PHI has been breached. iv. WILLIS may use Client's PHI to provide "data aggregation services" relating to the health care operations of Client within the meaning of 45 CFR § 164.501. v. WILLIS shall not disclose Client's PHI in a manner that would violate any restriction thereof which has been duly communicated to WILLIS. vi. Except as permitted by the HIPAA Rules, WILLIS shall not directly or indirectly receive remuneration in exchange for any of Client's PHI unless authorized in writing by Client. b. Safeguards. WILLIS shall use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of Client's PHI other than as provided in this Agreement. i. Administrative Safeguards. WILLIS shall implement all required administrative safeguards pursuant to 45 CFR § 164.308 as such are made applicable to business associates pursuant to the HIPAA Rules. Additionally, WILLIS shall either implement or properly document the reasons for non- implementation of all administrative safeguards of 45 CFR § 164.308 that are designated as "addressable" as such are made applicable to business associates pursuant to the HIPAA Rules. Page 2 of 8 Agreement#15-6426 "Group Insurance Actuarial and Brokerage Services" Packet Page -1812- 9/22/2015 16.E.4. EXHIBIT C ii. Physical Safeguards. WILLIS shall implement all required physical safeguards pursuant to 45 CFR § 164.310 as such are made applicable to business associates pursuant to the HIPAA Rules. Additionally, WILLIS shall either implement or properly document the reasons for non-implementation of all physical safeguards of 45 CFR § 164.310 that are designated as "addressable" as such are made applicable to business associates pursuant to the HIPAA Rules. iii. Technical Safeguards. WILLIS shall implement all required technical safeguards pursuant to 45 CFR § 164.312 as such are made applicable to business associates pursuant to the HIPAA Rules. Additionally, WILLIS shall either implement or properly document the reasons for non-implementation of all technical safeguards of 45 CFR § 164.312 that are designated as "addressable" as such are made applicable to business associates pursuant to the HIPAA Rules. c. Reporting of Disclosures. WILLIS shall report to Client any use or disclosure of Client's PHI not provided for by this Agreement of which WILLIS becomes aware, including any acquisition, access, use or disclosure (i.e., "breach") of "unsecured protected health information," within the meaning of 45 CFR § 164.403, and any security incident of which WILLIS becomes aware. WILLIS shall make such report to Client without unreasonable delay and in no case later than sixty (60) calendar days following discovery of the breach. WILLIS's notice to Client shall include all information needed by Client to provide notice to affected individuals and otherwise satisfy the requirements of 45 CFR § 164.410. d. WILLIS's Subcontractors. WILLIS may disclose Client's PHI to one or more subcontractors and may allow its subcontractors to create, receive, maintain, or transmit Client's PHI on behalf of WILLIS. WILLIS shall obtain satisfactory assurances from any such subcontractor that it will appropriately safeguard Client's PHI in accordance with 45 CFR § 164.314(a) and shall ensure that the subcontractor agrees in writing to the same or more stringent restrictions, conditions, and requirements that apply to WILLIS with respect to Client's PHI. Upon WILLIS contracting with a subcontractor regarding Client's PHI, WILLIS shall provide Client written notice of such executed agreement. e. Satisfying Requests for Access. WILLIS shall make available to Client Client's PHI in a "designated record set," within the meaning of 45 CFR § 164.501, as Client may require to satisfy its obligations to respond to a request for access pursuant to 45 CFR § 164.524. If WILLIS receives a request for access directly from an individual or an individual's designee, WILLIS shall forward such request within five (5) calendar days to Client for Client to fulfill. Page 3 of 8 Agreement 015-6426 "Group Insurance Actuarial and Brokerage Services" Packet Page -1813- 9/22/2015 16.E.4. EXHIBIT C f. Satisfying Requests for Amendment. WILLIS shall make any amendments to Client's PHI in a designated record set, as Client may require to satisfy its obligations to respond to a request for amendment pursuant to 45 CFR§ 164.526. If WILLIS receives a request for amendment directly from an individual or an individual's designee, WILLIS shall forward such request within ten (10)calendar days to Client for Client to fulfill. g. Internal Practices. WILLIS shall make its internal practices, books and records relating to the use and disclosure of Client's PHI available to the Secretary of the United States Department of Health and Human Services or his or her designee for purposes of determining compliance with the HIPAA Rules. h. Accounting. WILLIS shall document disclosures of Client's PHI and information related to such disclosures and otherwise maintain and make available the information required to provide an accounting of disclosures to the Client as necessary to permit the Client to respond to a request for an accounting pursuant to 45 CFR § 164.528. If WILLIS receives a request for an accounting directly from an individual or an individual's designee, WILLIS shall forward such request within ten (10) calendar days to Client for Client to fulfill. i. Policies and Procedures; Documentation. WILLIS shall develop appropriate policies and procedures relating to its compliance with the administrative, physical, and technical safeguards set forth in Section 1.b. and shall document, retain, and update such policies and procedures as required by 45 CFR § 164.316. j. Compliance as if Covered Entity. To the extent WILLIS is to carry out one or more of the obligations imposed on the Client as a "covered entity" under Subpart E of 45 CFR Part 164, WILLIS shall comply with the requirements of said Subpart E that apply to the Client in the performance of such obligations. 2. Client Obligations. Client shall provide notice to WILLIS of any of the following: a. Any limitations in the notice of privacy practices of Client under 45 CFR § 164.520, as well as any changes to such limitations, to the extent that such limitation may affect WILLIS's use or disclosure of Client's PHI. b. Any changes in, or revocation of, the permission by an individual to use or disclose his or her protected health information, to the extent that such changes may affect WILLIS's use or disclosure of Client's PHI. c. Any restriction on the use or disclosure of protected health information that Client has agreed to or is required to abide by under 45 CFR § 164.522, to the extent that such restriction may affect WILLIS's use or disclosure of Client's PHI. Page 4 of 8 Agreement#15-6426 "Group Insurance Actuarial and Brokerage Services" Packet Page -1814- 9/22/2015 16.E.4. EXHIBIT C d. Client shall not request WILLIS to use or disclose Client's PHI in any manner that would not be permissible under the HIPAA Rules if done by Client, except that Client may request WILLIS to provide to Client "data aggregation services" relating to the health care operations of the Client within the meaning of 45 CFR § 164.501, as permitted by 45 CFR § 164.504(e)(2)0)(B), 3. Termination of Agreement. Termination shall be in accordance with terms and conditions as set forth in Section 11, Agreement#15-6426. 4. Treatment of Client's PHI after Termination. Upon termination of this Agreement for any reason,WILLIS,with respect to Client's PHI, shall: a. Retain only that portion of Client's PHI which is necessary for WILLIS to continue its proper management and administration or to carry out its legal responsibilities; b. Return to Client or, if agreed to by Client, destroy remaining Client's PHI that WILLIS still maintains in any form and retain no copies of such Client's PHI; c. Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information to prevent use or disclosure of Client's PHI, other than as provided for in this Section, for as long as WILLIS retains any Client's PHI; d. Not use or disclose Client's PHI retained by WILLIS other than for the purposes for which Client's PHI was retained and subject to the same conditions, as set forth in Section 2,which applied prior to termination; e. Return to Client or, if agreed to by Client, destroy remaining Client's PHI retained by WILLIS when it is no longer needed by WILLIS for its proper management and administration or to carry out its legal responsibilities and retain no copies of such Client's PHI; f. Obtain or ensure the destruction of any Client's PHI created, received, or maintained by any of WILLIS's subcontractors; and g. Within thirty (30) calendar days after termination or expiration of this Agreement, certify in a written statement signed by a senior officer of WILLIS, that all Client's PHI has been returned or disposed of as required above. If the parties mutually agree that return or destruction is not feasible, this Agreement shall continue to apply to Client's PHI and, without limitation to the foregoing, the obligations of WILLIS under this Agreement shall survive the termination of this Agreement with respect to any Client's PHI retained by WILLIS. WILLIS shall limit further use and disclosure of Client's PHI to those purposes that make the return or destruction of Client's PHI infeasible. Page 5 of 8 Agreement#15-6426 "Group Insurance Actuarial and Brokerage Services" Packet Page -1815- 9/22/2015 16.E.4. EXHIBIT C 5. Amendment to Comply with Law. The parties acknowledge that state and federal laws relating to electronic data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide for procedures to ensure compliance with such developments. The parties agree to promptly enter into negotiations concerning the terms of an amendment to this Agreement embodying written assurances consistent with the HIPAA Rules or other applicable law upon the written request of either party. 6. No Third Party Beneficiaries. Nothing expressed or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than Client, WILLIS, and their respective successors or assigns, any rights, remedies, obligations, or liabilities whatsoever. 7. Indemnification.This section shall be in accordance with terms and conditions as set forth in Section 14,Agreement#15-6426. 8. Interpretation. This Agreement shall be interpreted in a reasonable manner as necessary to implement and comply with the HIPAA Rules. The parties agree that any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with the HIPAA Rules. There shall be no presumption for or against either party, by reason of one of the parties causing this Agreement to be drafted, with respect to the interpretation or enforcement of this Agreement. 9. Notices. All notices and other communications required or permitted hereunder or necessary or convenient in connection herewith shall be in writing and shall be deemed to have been given when hand delivered or mailed by registered or certified mail, as follows (provided that notice of change of address shall be deemed given only when received): If to Client,to: Collier County Government Center 3311 Tamiami Trail E. Naples, Florida 34112 Attn: Jeff Walker, Risk Management Director Telephone no: 239-252-8461 Facsimile no: 239-252-8048 If to WILLIS, to: Willis of Florida, Inc. 849 7th Ave South #201 Naples,Florida 34102 Attention: Michael Meredith Telephone no: 239-659-4512 Facsimile no: 239-262-5338 Page 6 of 8 Agreement#15-6426 "Group Insurance Actuarial and Brokerage Services" '-?tip '1 Packet Page -1816- 9/22/2015 16.E.4. EXHIBIT C or to such other names or addresses as Client or WILLIS, as the case may be, shall designate by notice to the other in the manner specified in this Section 9. 10. Survival. The obligations contained in this Agreement which by their nature or context survive or are expressly intended to survive the expiration or termination of this Agreement will so survive and continue in full force and effect. Without limiting the generality of the foregoing, Sections 2, 4, and 7 shall survive the termination of this Agreement. 11. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall remain in full force, if the essential terms and conditions of this Agreement for each party remain valid, binding, and enforceable. 12. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the matters contained herein. 13. Non-Waiver. No failure or delay in exercising any right or remedy under this Agreement and no course of dealing between the parties operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion. (signature page to follow) Page 7 of 8 Agreement#15-6426 "Group Insurance Actuarial and Brokerage Services" /^" (l1�` Packet Page-1817- ��.' 9/22/2015 16.E.4. EXHIBIT C IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the date first set forth above. COVERED ENTITY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Jeff Walker, Director of Risk Management BUSINESS ASSOCIATE: Willis of Florida, Inc. First Witness Aloft By: By: Print Name Michael Meredith Second Witness By: Print Name Approved as to Form and Legality: Cc , Assistant County Attorney Page 8 of 8 Agreement#15-6426 "Group Insurance Actuarial and Brokerage Services" Packet Page -1818- 9/22/2015 16.E.4. REQUEST FOR PROPOSAL Co Tier County Administrative Services Division Procurement Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation RFP #15-6426 Group Insurance Actuarial Services Rhonda Cummings, CPPB, Procurement Strategist (239) 252-8941 (Telephone) (239) 252-6700 (Fax) RhondaCummings @colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Packet Page -1819- 9/22/2015 16.E.4. Table of Contents LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II:GENERAL RFP INSTRUCTIONS 12 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 16 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 20 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 29 ATTACHMENT 2:VENDOR CHECK LIST 30 ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 32 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 33 ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 35 ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION 36 ATTACHMENT 7:VENDOR SUBSTITUTE W—9 37 ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS 38 ATTACHMENT 9: REFERENCE QUESTIONNAIRE 40 ATTACHMENT 10: PROFESSIONAL QUESTIONNAIRE 39 EXHIBIT A: SAMPLE WORPLAN 58 EXHIBIT B: PREMIUM AND VENDOR COSTS 59 RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 2 Packet Page -1820- 9/22/2015 16.E.4. Cower County Administrative Services Division Procurement Services Legal Notice Sealed Proposals to provide Group Insurance Actuarial Services will be received until 2:30 PM Naples local time, on May 22, 2015 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 15-6426 Group Insurance Actuarial Services Services to be provided may include, but not be limited to the following:. A non-mandatory pre-proposal conference will be held on May 5, 2015, commencing promptly at 10:00 AM, and will be held in the Purchasing Department Conference Room, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasinq and in the Lobby of Purchasing Building "G", Collier County Government Center on April 21, 2015. RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 3 Packet Page -1821- 9/22/2015 16.E.4. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Risk Management Division (hereinafter, the "Division), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase Collier County Government is seeking proposals for a group insurance brokerage and actuarial services to assist the Risk Management Department in the management and administration of the County's group insurance program. Background Collier County Government offers a comprehensive group insurance program to its employees and their dependents. There are approximately 1,860 employees and 4,300 covered lives under the program. The core benefit program consists of employer paid or partially paid group health, life, dental, short and long-term disability, vision and AD&D insurance. Collier County is self-insured with excess insurance for its group health program and fully insured for its group life program. Please refer to Exhibit, "A" which illustrates the current vendors, fees and premium levels of these programs. The marketing and placement of these coverages and vendor services is managed under a brokerage contract. The contracted broker is remunerated on a fee basis for consultation related to the placement of these coverages and vendor services. In addition to the marketing and placement of coverage under the program, the county requires the completion of various actuarial projects to assure that the program is in conformance with management objectives and remains in compliance with state required fiduciary requirements. A sample annual work plan is attached as part of Exhibit "B". This service need requires an integrated approach to benefits consultation, which will include the marketing of the County's insurance program in accordance with the development of actuarial modeling to appropriately evaluate the variety and effectiveness of group insurance alternatives. Due to this integrated approach, these consultative services shall require the use of licensed brokerage professionals and qualified actuarial professionals to meet the County's statutory obligations and to monitor program performance. Detailed Scope of Work RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 4 Packet Page -1822- 9/22/2015 16.E.4. The successful firm shall be able to perform or provide the following services. The firm shall present proposals from a minimum of three vendors unless market conditions do not support same. These services shall include but not be limited to the following: 1) Prepare an RFP, receive proposals, prepare an analysis, and recommend vendors to provide services or financial products related to the County's self-insured group health insurance program including but not limited to the following, if requested. a. Third party claims administration. b. Pre-certification, utilization review, disease management and large case management. c. Managed care networks. d. Group health excess insurance. e. Other services or products as may be appropriate. 2) Prepare an RFP, receive proposals, prepare an analysis, and recommend a fully insured group health insurance program, if requested. 3) Prepare an RFP, receive proposals, prepare an analysis, and recommend employer paid group insurance coverage to include the following, if requested. a. Group Life Insurance b. Group Accidental Death and Dismemberment c. Long Term Disability d. Short Term Disability (fully or self funded) e. Group Dental (fully or self funded) 4) Prepare an RFP, receive proposals, prepare an analysis, and recommend ancillary benefits or services that may include but not be limited to the following, if requested. a. Phlebotomy and Biometric Testing b. Supplemental Life c. Supplemental AD&D d. Vision e. Cancer f. Hospital Income g. Group Legal h. Other services or products as may be appropriate. 5) Review the County's flexible spending account and health reimbursement account programs to include the solicitation, analysis, review, and recommendation of account administration firms and plan design, if requested. 6) Provide enrollment support services for the annual open enrollment period, if requested. 7) Perform a qualitative and financial due diligence analysis of the County's managed care network. Prepare an RFP, receive proposals, prepare an analysis, and recommend a vendor for managed care network services if requested. 8) Prepare an RFP, receive proposals, prepare an analysis, and recommend Pharmacy Benefit Management firms for the County's selection to include the actuarial analysis of various pricing and benefit options. RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 5 Packet Page -1823- 9/22/2015 16.E.4. 9) Provide educational, training information and services pertaining to current issues in the area of benefits law and administration including all state and federal laws that govern insurance programs. Communicate upcoming mandates and work with staff to assure that mandates are met. The successful proposer shall have access to qualified staff and/or outside employee benefits legal counsel. 10)Provide actuarial services to include the following. a. Complete the annual FS 112.08 actuarial study and submit for approval to the Department of Insurance. b. Review the rate structure(s) of self funded programs to examine the adequacy of funding levels. Submit self funded program rates to the County for budgeting purposes by December 30th of each year. c. Prepare a midyear update of self funded health rates as of June 30 each year to assure rate sufficiency. d. Prepare an annual group health rating appendix that displays rates by plan, salary tier, smoking/non smoking, and single/family. e. Re-balance the group health rating structure periodically to assure that rates are properly distributed. f. Develop financial alternatives relative to proposed plan design options. g. Develop self funded Short Term Disability rates. 11)Develop group health and group benefit plan design alternatives as directed to include the following services. a. Develop the associated actuarial modeling to support plan designs. b. Perform management interviews to assess management philosophy. c. Perform employee focus groups, utilizing at least 10% of the employee group as a random sample. Develop recommendations based upon findings. d. Review plan options with management. e. Assist with the preparation of Board presentations and attend if requested. f. Assist in the development of Plan and Summary Plan Description wording. g. Assist with information technology matters as appropriate. 12)Develop a standard set of reports that measure the quantitative and qualitative aspects of the group health insurance program and review same with the County on an annual basis. Make recommendations commensurate with findings. 13)Collier County Healthcare Purchasing Consortium- In addition to the above, the firm shall possess the necessary consulting expertise to assist the County in its participation in the Collier County Healthcare Purchasing Consortium. The vendor shall possess the capability to assist in various projects including the participation in monthly meetings; the identification of cost drivers; the joint purchase of benefits and services; review of case management firms; review of managed care arrangements; review of managed care network pricing structures; assistance with the development of performance based outcomes measures 14)Plan Documents- Plan documents will be provided upon request. 15) Data Warehousing- Receive and maintain claims data on a regular basis for the purposes of actuarial, underwriting, and marketing of county benefits programs. The successful vendor shall be required to sign the county's standard HIPAA Business Associate Agreement. RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 6 Packet Page -1824- 9/22/2015 16.E.4. Special Conditions The successful firm will have the capability to access insurance markets on a regional, national or international basis to maximize the availability of options for the County's consideration. The successful firm shall demonstrate the resources at its disposal as are necessary to fulfill the requirements of the scope of services. The successful firm shall be prohibited from proposing a third party administrator or service company that is owned by the same company or by a parent company unless such a submission is expressly permitted by Collier County. The successful firm shall demonstrate a proven record of providing services of this type to clients of the same size, nature, and complexity as Collier County. The successful firm must possess all necessary licenses to perform the above-mentioned services as may be required by the State of Florida. The County seeks to enter into a three-year agreement with two renewal options and will negotiate a contract to reflect same. The contract will commence no later than January 1, 2011. However, the County may enter into this agreement at an earlier date if necessary. The County shall have the right to establish additional services and their associated fees by contract and to determine which services it may wish to utilize in a given year. An annual workplan will be developed each year which will identify the projects anticipated for completion. Method of Compensation It is the intent of the County to compensate the successful firm in the following manner. 1) As regards the provision of employer-paid (partially or fully paid) insurance coverage or services relative to group health third party administrative services, group life insurance, group health reinsurance, fully insured health insurance programs (if requested), and all other services mentioned above, an annual flat fee will be paid with applicable premiums quoted net of commission payable in equal monthly installments. The proposing firm shall place all coverage and services net of commission and shall, on an annual basis, disclose all income received during the previous year for services performed, coverage placed, or services obtained on behalf of Collier County. The proposer shall also disclose all commissions that would have been earned including normal and contingent (bonus) commissions. The successful proposer shall be fully transparent as regards remuneration resulting from services performed. A failure to comply with these requirements may be grounds for the cancellation of the agreement and/or the withholding of commensurate fees. If a vendor or carrier cannot or is unable to place coverage or services on a net of commission basis, the contractor shall immediately disclose this matter and the fee arrangement shall be re-negotiated to assure that total remuneration is comparable to the contract fee. 2) Actuarial services performed on behalf of the County shall be billed on a annual flat fee basis, payable in equal monthly installments. In certain instances, actuarial services may be required that are not anticipated. The County shall reserve the right to negotiate a fee for the project or it may choose to proceed pursuant to the vendor's normal hourly rate. RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 7 Packet Page -1825- 9/22/2015 16.E.4. 3) Proposers may submit alternative methods of compensation; however, they must be clearly explained. Alsoftt Term of Contract The contract term, if an award(s) is/are made is intended to be for Two (2) years with the option to renew for two (2) additional one year periods. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. • The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice April 21, 2015 Last Date for Receipt of Written Questions May 14, 2015, 4:00 PM, Naples Local Time Pre-proposal meeting May 5, 2015, 10:00 AM, Naples Local Amok Time and Locations Addendum Issued Resulting from Written Questions or Pre- TBD Proposal Conference Solicitation Deadline Date and Time May 22, 2015, 2:30 PM, Naples Local Time Anticipated Evaluation of Submittals May 2016 Vendor Presentations if Required June 2015 Anticipated Completion of Contract Negotiations July—August 2015 Anticipated Board of County Commissioner's Contract September 2015 Approval Date Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 8 Packet Page -1826- 9/22/2015 16.E.4. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. • Tab I, Cover Letter/ Management Summary (0 points) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. List all proposed subcontractors who will participate on the team. • Tab II, Record of Expertise (15 points) In this tab, include: • Detailed record of expertise in developing and placing group benefits insurance programs for clients of the same size, nature and complexity as Collier County. • Detailed time line for completion of the projects. • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. • Tab III, Ability to complete the Scope of Services (25 points) In this tab include • Describe firms approach to fully completing the described Scope of Services • Describe alternative approach if any • Answer questions that are included in Attachment 10: Professional Questionnaire = Tab IV, Experience and Background of Lead Staff(20 points) In this tab, include: [ • Provide information that documents lead staffs qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • Describe the various team members' successful experience in working with one another on previous projects. • Description of the proposed contract team and the role to be played by each member of the team. • Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 9 Packet Page-1827- 9/22/2015 16.E.4. • Attach resumes of any sub-consultants and attach letters of intent from stated sub- consultants must be included with proposal submission. • List Current Projects in the Format Identified Below Original Final Project Number of Project Description Start Date End Date Budget Cost Change Orders • Tab V, Proposed Cost of Services (20 points) In this tab, include: • Provide the projected total cost and estimated calendar day duration (including projected hours)for which your firm will provide the work as described in this RFP. • Provide proposed fee schedule of principals and staff (including sub-consultants). • Tab VI, References (10 points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to the whole number per Microsoft Excel. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Name Vendor Total Reference Points Awarded Score Vendor ABC 445 20 Vendor DEF 435 19.6 Vendor GHI 425 19.1 Vendor JKL 385 17.3 Vendor MNO 385 17.3 Vendor PQR 250 11.2 Note: Sample chart reflects a 20 point reference criterion. RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 10 Packet Page -1828- 9/22/2015 16.E.4. The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. • Tab VII, Local Preference (10 Points) • Tab VIII, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. • Tab VIII, Required Form Submittals • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements • Attachment 9: Reference Questionnaire • Other: i.e. signed addenda, licenses or certifications, promotional materials, etc. RFP#15-6426 Group Health Insurance and Actuarial Services RF P_N on_CCN ATem pl ate_01152015 11 Packet Page -1829- 9/22/2015 16.E.4. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 2:30 PM, Naples local time, on or before May 22, 2015 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 12 Packet Page -1830- 9/22/2015 16.E4. Attn: Rhonda Cummings, CPPB. Procurement Strategist The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copy clearly labeled "Master," and eight (8) disks (CD's/DVD's) with one copy of the proposal on each disk in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 13 Packet Page -1831- 9/22/2015 16.E.4. the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Record of Expertise 15 Points Tab III, Ability to Complete the Scope of Services 25 Points Tab IV, Experience and Background of Lead Staff 20 Points Tab V, Cost of Services 20 Points Tab VI, References 10 Points Tab VII Local Vendor Preference 10 Points TOTAL 100 Points Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 14 Packet Page -1832- 9/22/2015 16.E.4. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 15 Packet Page -1833- 9/22/2015 16.E.4. Exhibit Ill: Collier County Purchase Order Terms and Conditions 1. Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and/or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and/or included on each package of less than services, or any similar act by VENDOR. container load (LCL) shipments and/or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and/or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and/or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non-conforming or otherwise rejected by the Chapter 218, Fla. Stets.. otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 16 Packet Page -1834- 9/22/2015 16.E.4. 5. Time Is Of the Essence and transportation shall conform to all Time for delivery of goods or performance of applicable laws, including but not limited to services under this Purchase Order is of the the Occupational Health and Safety Act, the essence. Failure of VENDOR to meet Federal Transportation Act and the Fair delivery schedules or deliver within a Labor Standards Act, as well as any law or reasonable time, as interpreted by the regulation noted on the face of the Purchase COUNTY in its sole judgment, shall entitle Order. the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to 9. Advertising reimburse the COUNTY for any expenses No VENDOR providing goods and services incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that further agrees that undiscovered delivery of it has contracted with the COUNTY for nonconforming goods and/or services is not goods and/or services, or appropriate or a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other upon further compliance with all identifying marks or property without the specifications. prior written consent of the COUNTY'S Purchasing Department. 6. Changes The COUNTY may at any time and by written notice make changes to drawings 10. Indemnification and specifications, shipping instructions, VENDOR shall indemnify and hold harmless quantities and delivery schedules within the the COUNTY from any and all claims, general scope of this Purchase Order. including claims of negligence, costs and Should any such change increase or expenses, including but not limited to decrease the cost of, or the time required for attorneys' fees, arising from, caused by or performance of the Purchase Order, an related to the injury or death of any person equitable adjustment in the price and/or (including but not limited to employees and delivery schedule will be negotiated by the agents of VENDOR in the performance of COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to the foregoing, VENDOR has an affirmative property (including property of the COUNTY obligation to give notice if the changes will or other persons), which arise out of or are decrease costs. Any claims for adjustment incident to the goods and/or services to be by VENDOR must be made within thirty (30) provided hereunder. days from the date the change is ordered or within such additional period of time as may 11. Warranty of Non-Infringement be agreed upon by the parties. VENDOR represents and warrants that all goods sold or services performed under this 7. Warranties Purchase Order are: a) in compliance with VENDOR expressly warrants that the goods applicable laws; b) do not infringe any and/or services covered by this Purchase patent, trademark, copyright or trade secret; Order will conform to the specifications, and c) do not constitute unfair competition. drawings, samples or other descriptions furnished or specified by the COUNTY, and VENDOR shall indemnify and hold harmless will be of satisfactory material and quality the COUNTY from and against any and all production, free from defects and sufficient claims, including claims of negligence, costs for the purpose intended. Goods shall be and expense, including but not limited to delivered free from any security interest or attorneys' fees, which arise from any claim, other lien, encumbrance or claim of any third suit or proceeding alleging that the party. These warranties shall survive COUNTY'S use of the goods and/or inspection, acceptance. passage of title and services provided under this Purchase Order payment by the COUNTY. are inconsistent with VENDOR'S representations and warranties in section 11 8. Statutory Conformity (a). Goods and services provided pursuant to this Purchase Order, and their production RFP#15-6426 Group Health Insurance and Actuarial Services R F P_N on_C CN AT e m pl ate_01152015 17 Packet Page-1835- 9/22/2015 16.E.4. If any claim which arises from VENDOR'S beyond their control, including, but without breach of section 11 (a) has occurred, or is limitation to war, strikes, civil disturbances likely to occur, VENDOR may, at the and acts of nature. When VENDOR has COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force the right to continue using the goods or majeure or other conditions which will delay services, or replace or modify the goods or or threatens to delay timely performance of services so that they become non-infringing, this Purchase Order, VENDOR shall (without any material degradation in immediately give notice thereof, including all performance, quality, functionality or relevant information with respects to what additional cost to the COUNTY). steps VENDOR is taking to complete delivery of the goods and/or services to the 12. Insurance Requirements COUNTY. The VENDOR, at its sole expense, shall provide commercial insurance of such type 15. Assignment and with such terms and limits as may be VENDOR may not assign this Purchase reasonably associated with the Purchase Order, nor any money due or to become due Order. Providing and maintaining adequate without the prior written consent of the insurance coverage is a material obligation COUNTY. Any assignment made without of the VENDOR. All insurance policies shall such consent shall be deemed void. be executed through insurers authorized or eligible to write policies in the State of 16. Taxes Florida. Goods and services procured subject to this Purchase Order are exempt from Florida 13. Compliance with Laws sales and use tax on real property, transient In fulfilling the terms of this Purchase Order, rental property rented, tangible personal VENDOR agrees that it will comply with all purchased or rented, or services purchased federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from and ordinances that are applicable to the federal excise tax. conduct of its business. By way of non- exhaustive example, this shall include the 17. Annual Appropriations American with Disabilities Act and all The COUNTY'S performance and obligation prohibitions against discrimination on the to pay under this Purchase Order shall be basis of race, religion, sex creed, national contingent upon an annual appropriation of origin, handicap, marital status, or veterans' funds. status. Further, VENDOR acknowledges and without exception or stipulation shall be 18. Termination fully responsible for complying with the This Purchase Order may be terminated at provisions of the Immigration Reform and any time by the COUNTY upon 30 days Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This 1324, et seq. and regulations relating Purchase Order may be terminated thereto, as either may be amended. Failure immediately by the COUNTY for breach by by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this laws referenced herein shall constitute a Purchase Order, provided that COUNTY has breach of the award agreement and the provided VENDOR with notice of such County shall have the discretion to breach and VENDOR has failed to cure unilaterally terminate said agreement within 10 days of receipt of such notice. immediately. Any breach of this provision may be regarded by the COUNTY as a 19. General material and substantial breach of the a) This Purchase Order shall be governed contract arising from this Purchase Order. by the laws of the State of Florida. The venue for any action brought to 14. Force Majeure specifically enforce any of the terms and Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall responsible for any delay or failure in be the Twentieth Judicial Circuit in and performance resulting from any cause for Collier County, Florida RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 18 Packet Page -1836- 9/22/2015 16.E.4. b) Failure of the COUNTY to act associated with this Purchase Order in immediately in response to a breach of accordance with Florida Statute Chapter this Purchase Order by VENDOR shall 112.061, Per Diem and Travel not constitute a waiver of breach. Expenses for Public Officers, employees Waiver of the COUNTY by any default and authorized persons. by VENDOR hereunder shall not be e) In the event of any conflict between or deemed a waiver of any subsequent among the terms of any Contract default by VENDOR. Documents related to this Purchase c) All notices under this Purchase Order Order, the terms of the Contract shall be sent to the respective Documents shall take precedence over addresses on the face page by certified the terms of the Purchase Order. To the mail, return receipt requested, by extent any terms and /or conditions of overnight courier service, or by personal this Purchase Order duplicate or overlap delivery and will be deemed effective the Terms and Conditions of the upon receipt. Postage, delivery and Contract Documents, the provisions of other charges shall be paid by the the Terms and/or Conditions that are sender. A party may change its address most favorable to the County and/or for notice by written notice complying provide the greatest protection to the with the requirements of this section. County shall govern. d) The Vendor agrees to reimbursement of any travel expenses that may be RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 19 Packet Page -1837- 9/22/2015 16.E.4. Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirementst.-.F The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 20 Packet Page -1838- 9/22/2015 16.E.4, hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 100% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 6. Vendor Performance Evaluation The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 7. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 21 Packet Page -1839- 9/22/2015 16.E.4. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. The County's project manager, shall coordinate with the Vendor/ Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 8. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a�collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 22 Packet Page -1840- 9/22/2015 16.E.4. of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 9. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 10. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 23 Packet Page -1841- 9/22/2015 16.E.4. 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. 11. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 12. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 13. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 14. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 15. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 16. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 24 Packet Page -1842- 9/22/2015 16.E.4. 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. 17. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 18. Survivability Bids (ITBs/RFPs): The Consultant agrees that any contract that extends beyond the expiration date of Solicitation 15-6426 resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any contract. 19. Protest Procedures Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 20 Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 25 Packet Page -1843- 9/22/2015 16.E.4. 21. Security and Background Checks If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 22. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 23. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Atetk 24. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formai Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 26 Packet Page -1844- 9/22/2015 16.E.4. BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 25. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. in the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non- permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any proposer who fails to submit sufficient documentation with their proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. For all purchases of commodities and services procured through a competitive proposal process and not otherwise exempt from this local preference section, the solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified RFP#15-6426 Group Health Insurance and Actuarial Services RF P_Non_CCN ATem plate_01152015 27 Packet Page -1845- 9/22/2015 16.E.4. under subsection 11B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which are subject to Section 11.45, F.S.) shall not be subject to this local preference section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Amu RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 28 Packet Page -1846- 9/22/2015 16.E.4. Colter County Administrative Services Division Procurement Services Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation #15-6426 Group Health Insurance Actuarial Services for the following reason(s): [ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. I� incorrect address used. Please correct mailing address: �I Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 29 Packet Page -1847- 9/22/2015 16.E.4. Co1:Lier County Administrative Services Division Procurement Services Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Rhonda Cummings, CPPB, Procurement Strategist ❑ The mailing envelope must be sealed and marked with Solicitation #15-6426 Group Health Arnik Insurance and Actuarial Services and May 22, 2015. ❑ 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.) Il If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 30 Packet Page -1848- 9/22/2015 16.E.4. Representative Name: Date RFP#15-6426 Group Health Insurance and Actuarial Services RF P_N o n_C C N AT e m p l ate_01152015 31 Packet Page -1849- 9/22/2015 16.E.4. Cotter County Administrative Services Division Procurement Services Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise)which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 32 Packet Page -1850- 9/22/2015 16.E.4. Colter County Administrative Services Division Procurement Services Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 15-6426 Group Health Insurance and Actuarial Services Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: 15-6426 Group Health Insurance and Actuarial Services . (Proposal Continued on Next Page) RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 33 Packet Page -1851- 9/22/2015 16.E4. PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number CCR#or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email RFP#15-6426 Group Health Insurance and Actuarial Services R F P_N o n_CC NATe m p l a te_01152015 34 Packet Page -1852- 9/22/2015 16.E.4. Col.icr County Administrative Services Division Procurement Services Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 15-6426 Group Health Insurance and Actuarial Services (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Vendor must complete the following information: Year Business Established in ECollier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA 7 COLLIER COUNTY n LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATempiate_01152015 35 Packet Page -1853- 9/22/2015 16.E.4. ColEier County Administrative Services Division Procurement Services Attachment 6: Immigration Affidavit Certification Solicitation:15-6426 Group Health Insurance and Actuarial Services This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/ Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20 , by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. RFP#15-6426 Group Health Insurance and Actuarial Services RF P_Non_CCNATemplate_01152015 36 Packet Page -1854- 9/22/2015 16.E.4. Colter County Administrative Services Division Procurement Services Attachment 7: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit!Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual/Sole Proprietor Corporation Partnership Tax Exempt (Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D =Disregarded Entity, C=Corporation. P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 37 Packet Page -1855- 9/22/2015 16.E.4. coffer County Administrative Services Division Procurement Services Attachment 8: Insurance and Bonding Requirements Insurance?Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $100,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. Automobile Liability $ Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ® Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence X Professional Liability $1,000,000 per claim and $2,000,000 in the aggregate ❑ Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, Packet Page -1856- 9/22/2015 16.E.4. cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County (or Collier MPO). The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Ljb 4/1/2015 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 39 Packet Page -1857- 9/22/2015 16.E.4. Coder County Administrative Services Division Procurement Services Attachment 9: Reference Questionnaire Solicitation: 15-6426 Group Health Insurance and Actuarial Services Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Completion Date: Project Budget: Project Number of Days: Change Orders - Dollars Added : Change Orders - Days Added: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 40 Packet Page -1858- 9/22/2015 16.E.4. ATTACHMENT 9: PROFESSIONAL QUESTIONNAIRE Professional Questionnaire Company: Address: Contact: Phone: Fax: E-mail Third Party Health Claims Administration 1) Please list the three major group health TPA firms with whom you generally do business? 2) Why do you typically recommend these firms? 3) Identify the specific skill sets you require of TPA vendors that you recommend. 4) Does your firm own a third party claims Administration Company? If yes, will you be proposing their services? RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 41 Packet Page -1859- 9/22/2015 16.E.4. Group Health Reinsurance 1) Does your firm have the ability to solicit, review, analyze, and recommend excess group health reinsurance for the County's approval? 2) Please list the three excess health carriers; the policy type (specific/aggregate, etc) with which you generally do business and your approximate premium volume (Florida only). 3) Why do you typically recommend these carriers? 4) Describe the process you follow when analyzing excess reinsurance quotes for recommendation to your clients. How will you assure best value to the county? RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 42 Packet Page -1860- 9/22/2015 16.E.4. Plan Design and Actuarial Consulting 1) Does your firm have the ability to review existing group health plan design and recommend options whereby plan design might be adjusted to enhance benefit goals; promote economy; and assure best value? 2) Please give two examples of where you performed this service in the past and the specific types of changes/amendments you recommended. 3) Does your firm have the ability to perform actuarial analysis to measure the adequacy of group health plan funding levels and to propose rates? Does your firm have the ability to actuarially estimate the financial effect of proposed plan design changes? Will you utilize county specific data? Has your firm completed actuarial evaluations for clients as required under Florida Statutes 112.08? RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 43 Packet Page -1861- 9/22/2015 16.E.4. 4) Will you be utilizing in-house staff for the actuarial service component of the project or will you use an external firm? Please provide the names of the actuaries who will be performing the actuarial component of the project. 5) Can your firm perform predictive modeling? If so, please provide two examples of where you performed this service in the past and how it was used. RFP#15-6426 Group Health insurance and Actuarial Services RFP_Non_CCNATemptate_01152015 44 Packet Page -1862- 9/22/2015 16.E.4. Pharmacy Benefit Management Services 1) Does your firm have the capability to review and recommend vendors for Pharmacy Benefit Management Services? If so, please describe the method you use to determine best value when evaluating these firms? Do you perform annual analysis to determine if the vendor met performance estimates? RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 45 Packet Page -1863- 9/22/2015 16.E.4. Management Philosophy, Employee Focus Groups, and General Benefits Consulting 1) Has you firm worked with a client's senior management to develop an overall benefits philosophy/strategy for that firm? If so, please provide an example, including your method and approach to such a project. 2) Who will staff this project for Collier County? Specifically, identify the proposed staffing by function. 3) Has your firm performed employee focus group sessions to assess employee attitudes regarding their benefit program? Describe how you perform these sessions and the information you seek to gain? Who will perform these sessions on your behalf? RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 46 Packet Page -1864- 9/22/2015 16.E.4. 4) Does your firm employ full-time staff benefits/labor attorneys? If not, with whom do you consult regarding the legal analysis of various benefit matters when counseling clients? 5) Which materials, methods or training services do you use to keep your clients informed as to current issues relative to the area of benefit administration? 6) Does your firm have experience in the negotiation and development of discounted fee arrangements with managed care networks? Do you have experience analyzing the fee structures of managed care networks? 7) Does your firm have experience reviewing and recommending software platforms such as Verisk? Describe. 8) Do you have experience consulting clients in the setup and management of onsite medical clinics? Describe. RFP#15-6426 Group Health Insurance and Actuarial Services REP_Non_CCNATemplate_01152015 47 Packet Page -1865- 9/22/2015 16.E.4. Wellness Programs 1) How do you believe wellness programs can be integrated with the group health plan to promote a healthier population and to reduce or control costs? 2) How must the various health program components/vendors coordinate to assure successful program management? Group Life and Disability Insurance 1) Does your firm have the ability to solicit, review, analyze, and recommend employer paid group life and disability insurance? Please list the three major group life carriers with which you generally do business and the approximate premium volume (Florida only). RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 48 Packet Page -1866- 9/22/2015 16.E.4. Why do you typically recommend these firms? Describe the process you follow when analyzing group life proposals for recommendation to your clients in order to deliver best value. Ancillary Benefit Services 1) Can your firm provide ancillary benefit proposals for the County's Flexible Benefit program such as Supplemental Life, Vision, Cancer, Pre-paid Legal etc? RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 49 Packet Page -1867- 9/22/2015 16.E.4. 2) How do you determine which of these provide value to the overall benefit philosophy and what is the process you go through when recommending same? Best Value Group Insurance Program 1) If you were asked to review the overall group insurance program for the County, how would you analyze the structure of the program to deliver best value to both the employer and employee? RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 50 Packet Page -1868- 9/22/2015 16.E.4. Consortium Services 1) Have you performed work for a multiple employer consortium group in the past? If so, please describe the services provided and the accomplishments completed. Principle Service Contacts 1) Please provide the names of the primary individuals who will be providing service to the County. Please attach their resumes. RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 51 Packet Page -1869- 9/22/2015 16.E.4. 2) Where is the location of the primary service office? Compensation 1) Do you agree to provide the Scope of Services for a flat fee? 2) Does you firm accept contingency commissions and what steps has your firm taken to assure the County that the disclosure of all income paid on behalf of the County for purchases made under this program are appropriately accounted? 3) Are you proposing a different fee arrangement? If so, please describe. Fee Proposal 1) What is your annual fee proposal for Brokerage and General Benefit Consulting services? RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATem plate_01152015 52 Packet Page -1870- 9/22/2015 16.E.4. 2) What is your annual fee proposal for Actuarial Services? Professional References Please provide a listing of three employer references that employ in excess of 1000 employees. Employer Name: Address: RFP#15-6426 Group Health Insurance and Actuarial Services RF P_N on_CC NATem pl ate_01152015 53 Packet Page -1871- 9/22/2015 16.E.4. Contact: Phone: Employer Name: Address: Contact: Phone: Employer Name: Address: Contact: Phone: Employer Name: Address: Contact: Phone: Ask RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATem plate_01152015 54 Packet Page-1872- 9/22/2015 16.E.4. Exhibit A: Sample Workplan eGeneral Support- Provide miscellaneoud information including but not limited to the As needed As Needed administration of ACA, HIPAA, COBRA, IRS law changes, the interpretation of state and federal regulations and general advice on benefit plan legal, philosophy and administrative interpretation(s). Provide routine technical updates relative to the administration of benefit plans. Provide routine assistance and support to the County's managed care; wellness; onsite clinic; claims administration and other vendors to troubleshoot technical and operational issues to assure that plan(s)perform efficiently. Critical Factors Analysis- Identify sources of causation relative to medical, pharmacy and March 1 Annually other cost drivers and make recommendations for potential plan design alternatives to address these cost drivers. Employee Focus Groups- Conduct employee focus groups with a cross section of employees March 1 Every 3 years (includes preparation and up to 5 days of sessions) to measure employee satisfaction with benefit plans, services provided, and to elicit attitudes and opinions regarding potential plan changes. Prepare a written report of findings with recommendations. Management Interviews- Prepare a benefit philosophy report upon the completion of February 1 Annually management interviews and utilize this information in the development of plan design analysis. Assumes one site visit. This report is to be completed every three years. General Plan Design Analysis- Prepare a medical and pharmacy plan design analysis that July 1 Every 3 years identifies the potential cost savings of increased deductibles, co-payments, out of pocket and other structural changes. Analysis includes the preparation of a global budget and associated employer and employee contribution rates. This project is to be completed every three years. General Wellness Program Support- Provide general advice and assistance relative to the As Needed As Needed design and management of the County's Incentives Based Wellness Program. Managed Care Networks- Prepare an RFP and review proposals for group health managed care As Needed As Needed network services, if requested. Perform actuarial due diligence on these programs to assure cost efficiency. UR and Case Management Review- Prepare an RFP and review proposals for utilization review As Needed As Needed and case management services, if requested. Perform operational due diligence on these programs to assure cost efficiency. Pharmacy Benefit Management Review- Prepare an RFP and review proposals for pharmacy January 1 2015; every benefit management services. This project is to be completed every three years. 3 years Mid Year Health Rate Review- Perform a midyear actuarial review as of June 30 of medical, July 30 Annually pharmacy, dental, and disability rates to assure the adequacy of rates budgeted. Dental Insurance Review- Prepare an RFP and review proposals for group dental insurance. May 1 2016; every Incorporate an analysis of self-insured dental as an alternative method of financing this program. 3 years This project is to be completed every three years. Open Enrollment Communication Materials- Provide assistance in the preparation of annual September 15 Annually open enrollment communication and enrollment materials. Group Life Insurance Review- Prepare an RFP and review proposals for excess group life and July 1 2016 AD&D insurance coverage. This project is to be completed every three years. Long Term Disability Insurance Review- Prepare an RFP and review proposals for long term July 1 2016 disability insurance coverage. This project is to be completed every three years. Short Term Disability Insurance Review- Prepare an RFP and review proposals for short- July 1 2016 term disability insurance coverage. Incorporate an analysis of self-insured disability as an alternative method of financing this program. This project is to be completed every three years. Program Renewal- Seek renewal proposals from existing vendors and carriers and prepare a November 15 Annually or renewal summary with expiring and renewal pricing and terms. Provide assistance in the per Vendor completion of the Executive Summary to the Board of Commissioners. This project is to be Agreement completed each year. Review of Group Health Third Party Administration Vendors- Prepare an RFP and review October 1 2015 proposals for excess group health insurance coverage. This project is to be completed every three years. Develop Rates for Budget- Develop medical, pharmacy, dental, and disability costs for existing December 15 Annually plans. Produce rates for budget to include employer and employee contributions. This project is to be completed year by no later than December 15`h Prepare State Required Actuarial Study- Prepare the annual F.S. 112.08 study; submit the December 15 Annually report and respond to Department of Insurance inquiries as needed. Report due to State of Florida by December 30. Systems Review and Recommendation- Assist the County in the review of existing or As Needed As Needed potential IT systems that will be used to provide management information to support the existing health, wellness, and other benefits programs., I OPEB Calculation- Prepare the required OPEB calculation every two years. December 15 2015; 2017; 2019 ACA/Healthcare Reform- Provide consulting and actuarial assistance to fu1 iK> -1 ¢t3ifr�altrAlyn oB ana Ac r aaices of the Healthcare Reform Act. R=P_Non_CCNATernplate_01152015 55 Packet Page-1873- 9/22/2015 16.E.4. Exhibit B- Premiums and Vendor Costs FUND 517-GROUP INSURANCE FIXED COSTS Enrolled Employees 1,865 Allegiance Group Health Claims Admin Claims Administration Fee $16.45 $368,151 COBRA Administration Fee incl HIPAA Administration Fee incl Flexible Spending $4.40 $15,840 Administration Fee Health Reimbursement $4.25 $36,261 Account Fee CIGNA Acess Fee $5.50 $123,090 x, v , � i „ ,�-�,�,h,yu+ k:"L,-., '�,° ".Vag' 1 - ? '„=", r�• '"r Allegiance Dental Claims Admin Enrolled Employees 1,810 Community PPO Network; Utilization Advocacy and Case $419,305 Health Partners Review;Large Case Mgmt. Management Fee Case Management $2.52 $56,398 D2 Verisk $0.17 $3,805 -Est Annual Cost" _ `2 479, 07 VSP Vision Discount Program Cost per Employee per Month $1.76 $39,389 '' 4'' Est:Annual:Cost US Fire Excess Health Coverage Cost per Employee per Month $38.50 $861,630 F st AnnualEC st F t $ 8 30 Reliance Group Life and AD&D Prog Ratable Payroll $199,324,996 Group Life(rate per 1000) $0.1600 $382,704 Group AD&D(rate per 1000) $0.02500 $59,797 EAP Program incl $0 Est.;Annual Cost :$442,501 Matrix Short Term Disability Admin Administration Fee $2.20 $49,236 Est.Annual Cost. $49,235 Reliance long,Term Disability Ins Premium - .$288;000 Total ,$2,763,335 RFP#15-6426 Group Health Insurance and Actuarial Services RFP_Non_CCNATemplate_01152015 56 Packet Page -1874- 9/22/2015 16.E.4. 00 0 0 00 0 0 Y ,- N ca e al C U. r N CO as w d > Q r N 'a+ o Q. .Q Q O 1- d CD d r N a) ▪ c% "E'E ( —1 0O C CO o co —1 U 2 v c c r N ar @ O cE >. N m a . + cn E m °' E ` m �C v m �, _c L n. Cl) v) ii. m (1) c r N a) d C to al N E N cC Y o a 0 Y m W a T''' N C oo o 0 .— j co U C6 Y J v > Q W C ti d c N ci)C co iz c .w., O U u) rk-:F' Ts d C N a) ;. - CO a) E c Q- ,- . N i e6 (0 a) r ,°z ? a Q Z p C r' to c c �- O L.T. c c 4 1 r L `� 'a U o U -J c0,4- _ Q s ^ _ 4. _ v f- 2 r (tH m d Packet Page -1875-