10-Exhibit B - Performance Measures and Liquidated Damages FINAL.pdf

EXHIBIT B | Performance Measures and Liquidated Damages | RLI 25004JD

EXHIBIT B - PERFORMANCE MEASURES AND LIQUIDATED DAMAGES

The PROPOSER must agree to the following minimum performance standards and applicable liquidated damages. At the

Broward County Sheriff’s Office discretion, an audit of the accuracy of the PROPOSER’s results will be performed via a randomly selected, statistically verifiable sample of claims by a qualified, independent third party. The results of the audit after appropriate review and comment by the PROPOSER will be the final determinant of performance standard compliance.

When sampling methods are used to estimate performance for the universe of PROPOSER’S delivered services, audit samples will be large enough to ensure a confidence interval whose deviation is no greater than plus or minus three percent

(3%) and whose confidence level is at least ninety-five percent (95%). The Broward County Sheriff’s Office will consider the point estimate for the sample as the PROPOSER’s performance level in calculating liquidated damages.

The Broward County Sheriff’s Office’s reserves the right to reduce or waive any liquidated damages if, in the Broward County

Sheriff’s Office’s sole discretion, failure to meet a performance standard was due to extraordinary circumstances.

PERFORMANCE GUARANTEES

It is the intent of the Broward County Sheriff’s Office to assess liquidated damages to any PROPOSER vendor who fails to meet the minimum performance standards listed below. The final contract between the Broward County Sheriff’s Office and the PROPOSER vendor will incorporate (by reference to this Exhibit to the RLI or otherwise) the specific terms and conditions under which such damages may be assessed, including the measurement methodology, amounts, and recovery provisions. Unless otherwise agreed to in writing, the Broward County Sheriff’s Office will evaluate the PROPOSER’S compliance with these standards by way of: (i) conducting its own auditing with its own personnel; or (ii) an independent claim reviewer/performance auditor contracted with by the Broward County Sheriff’s Office.

The following performance standards and discount guarantees will apply separately to each year of the resulting contract:

Performance

Standard Topic

Description of Standard Guarantee Liquidated Damage Amount )

1. Pre-Employment Medical Exam Turnaround

All pre-employment medical exams completed, with wait time not exceeding 30 minutes from appointment time, and results reported to BSO Human Resources within 5 working days of candidate appointment.

Measurement and Assessment Period: Per occurrence, verified by audit.

100% 25% discount off each individual untimely exam

2. Pre-Employment

Drug Testing

All pre-employment drug test results (negative and non-controverted positive) reported to BSO Human Resources within 3 working days of sample collection, with wait time not exceeding 30 minutes from appointment time.

untimely test

3. Random Drug

Testing

Random drug test results reported to BSO within 5 working days of sample collection, with collections performed at a NIDA-certified site operational by 6:00 AM on designated dates.

untimely test

4. Reasonable

Suspicion Drug

Testing Response

Certified Professional Collector and/or Breath Alcohol Technician available at a NIDA-certified site within 2 hours of BSO notification, 24/7/365.

untimely response

5. Hepatitis B

Vaccination

Hepatitis B vaccinations administered within 5 working days of request, with wait time not exceeding 30 minutes from appointment time.

untimely vaccination

6. Fitness for Duty Examination

Fitness for Duty examinations completed and results (including return-to-work assessments) reported to BSO Human Resources within 5 working days of appointment.

untimely exam

Standard Topic

Description of Standard Guarantee Liquidated Damage Amount

7. Billing

Accuracy

All invoices submitted to BSO must be accurate and in accordance with the agreed fee schedule.

Measurement and Assessment Period: Per occurrence, based on PROPOSER-provided reports.

100% $50 per inaccurate invoice

8. Accuracy of

Medical Exam and Drug Test

Reports

All medical exam and drug test reports must be accurate and complete, with no discrepancies as verified by audit.

100% 3% of Service Fees per non-compliant report

9. Compliance with Regulatory

Standards

All services (medical exams, drug tests, vaccinations, etc.) conducted in compliance with HIPAA, OSHA, and applicable federal, state, and local regulations.

Measurement and Assessment Period: annual, verified by audit.

100%

4% of Service Fees per non-compliant instance

10. Online

Platform

Secure, HIPAA-compliant online platform with role-based access, multi-factor authentication, automated random drug test selection, and integration with BSO HR systems fully operational with less than 1% downtime annually.

Measurement and Assessment Period:

Annually based on PROPOSER-provided uptime reports or anytime upon Broward County Sheriff’s Office becoming aware of this performance deficiency anytime during the term of the contract.

> 99% uptime per day

$500 per 0.1% downtime below 99% per day (continuous 24 hours after the first time of each occurrence) performance measure is not met.

As indicated in the aforementioned table, compliance with the performance standards 1 through 8 will be measured and determined based on per-occurrence verification during an annual performance review to be conducted by, at the Broward

County Sheriff’s Office’s option by way of: (i) conducting its own auditing with its own personnel; or (ii) an independent performance auditor contracted with by the Broward County Sheriff’s Office. Compliance with standards 9 and 10 will be measured annually, except more frequently as otherwise provided herein relative to compliance standard 10, by performance reports provided by the PROPOSER. For the purpose of determining performance compliance with standards

1 through 9, the performance review will utilize statistically valid, random samples, and will be conducted no more frequently than once per contract year. The PROPOSER agrees to cooperate with this process and make available the requested records, data, reports, and the necessary system access to the reviewer at no cost to the Broward County Sheriff’s Office or reviewer. The reviewer will make their workpapers available to the PROPOSER and the Broward County Sheriff’s Office, and either will have the opportunity to respond to the review report before it is finalized. Unless one of the parties can conclusively demonstrate that the results of the review are incorrect, such results will be accepted and will become the basis for determining if liquidated damages should apply. The PROPOSER’s reports and/or any data supporting the

PROPOSER’s reports relative to performance standards 10 may also be reviewed by, at the Broward County Sheriff’s

Office’s option by way of: (i) conducting its own auditing with its own personnel; or (ii) an independent performance auditor contracted with by the Broward County Sheriff’s Office; or (iii) anytime upon Broward County Sheriff’s Office becoming aware of this performance deficiency anytime during the term of the contract. If so reviewed, the report and determination of the performance review professional shall be final, binding, and conclusive; provided, however, that before a final report and determination is issued, the Broward County Sheriff’s Office and the PROPOSER shall each have a reasonable opportunity to review the non-proprietary supporting documentation and proposed report and to provide any comments to the performance review professional.

Any liquidated damages assessed as the result of documented noncompliance with any of the aforementioned performance standards and/or discount guarantees will become due and payable within 30 days after the PROPOSER receives written notification of same by either: 1) Broward County Sheriff’s Office elects to take a credit on the next PROPOSER’S monthly invoice; or 2) Broward County Sheriff’s Office accepts such payments that become due may be made directly to the Broward

County Sheriff’s Office by the PROPOSER.

The cost for each annual audit, if elected by the Broward County Sheriff’s Office, will be paid equally by both parties.