24-2524 Insurance Brokerage Services.pdf

DEPARTMENT OF FINANCE & MANAGEMENT- PROCUREMENT • 1903 MARQUETTE AVENUE, SUITE A106 •

MUSKEGON, MI 49442

(231) 724-6281 • bids@muskegoncounty.net • www.co.muskegon.mi.us

February 16, 2024

INSURANCE BROKERAGE SERVICES

REQUEST FOR PROPOSAL

24-2524

The Muskegon County Board of Commissioners invites your proposal for Insurance Brokerage Services for the Muskegon County Human Resources Department. A set of conditions and specifications/requirements are enclosed.

Proposals are due in no later than 10:00 AM, prevailing time, March 13, 2024, to the Procurement Office. Submittal Instructions are located in the Proposal Conditions/Instructions for Responders on page 20.

The time of receipt shall be determined by the time clock stamp in the electronic Bidnet system.

Respondents are responsible for ensuring that their proposal response is submitted by the deadline indicated.

No late proposal responses will be accepted.

Sincerely, Angela Gasiewski

Angela Gasiewski, CPA Finance Director

Requesting Agency Human Resources

Solicitation Type Request for Proposals

Solicitation Number 24-2524

Description Insurance Brokerage Services

Date of Issuance February 16, 2024

Deadline for Questions February 27, 2024 at 2:00 PM

Response to Questions February 29, 2024 by 5:00 PM

Proposal Deadline March 13, 2024 at 10:00 AM Click here for Zoom Link

BOARD OF

COMMISSIONERS

Charles Nash

Chair, District 5

Marcia Hovey-Wright Vice Chair, District 4

Kim Cyr

District 1

Zach Lahring District 2

Michelle Hazekamp

District 3

Jessica Cook District 6

Darrell L. Paige

District 7 mailto:bids@muskegoncounty.net https://us06web.zoom.us/j/86838481329

TABLE OF CONTENTS

Contents

TABLE OF CONTENTS

PROPOSAL PACKET CHECKLIST

PROPOSAL CERTIFICATION/NON-COLLUSION AFFIDAVIT

MINORITY VENDOR CERTIFICATIONS

CERT. REGARDING DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS

NON-DISCRIMINATION STATEMENT

NO PROPOSAL RESPONSE FORM

ADDENDA SUMMARY

PROPOSAL SPECIFICATIONS

PROPOSAL CONDITIONS/INSTRUCTIONS TO RESPONDERS

INSURANCE REQUIREMENTS

PROPOSAL PACKET CHECKLIST

This Proposal Packet Checklist is being provided as an aid to you in preparing your proposal response. However, the requirements of the Proposal Specifications supersede the Proposal Packet Checklist. It is the Respondent’s responsibility to review the Proposal Specifications in their entirety and submit all required items with their proposal response.

Please complete the required/requested forms below and check them off this list as you complete them.

Return the completed forms to the Muskegon County Procurement Office with your proposal response.

Complete Not

Applicable

Proposal Invitation Cover Letter

Proposal Certification/Non-Collusion Affidavit &

Minority Supplier Certification

Proposal Summary, Proposed Rates and Detailed Budget: Must be in separate sealed Envelope.

Addenda Summary (Failure to acknowledge all issued Addenda may be cause for rejection of proposal. Go to https://www.bidnetdirect.com/mitn/muskegon-county for Addenda.)

Proposal Technical Response: Do Not include pricing.

References / Work Experience

Debarment, Suspension and other Responsibility Matters

Non-Discrimination Statement

No Proposal Response Form https://www.bidnetdirect.com/mitn/muskegon-county

PROPOSAL CERTIFICATION/NON-COLLUSION AFFIDAVIT

I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same materials, supplies, equipment, or service, that it meets or exceeds all specifications contained herein, and is in all respects fair and without collusion or fraud. The Respondent’s signature declares under penalty of perjury of the laws of the United States that the Responder submitting this proposal, its agents, officers or employees have not directly or indirectly entered into any agreements, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this proposal for the above project. I agree to abide by all conditions of this proposal and certify that I am authorized to sign for the Responder.

Proposal Number: 24-2524 INSURANCE BROKERAGE SERVICES

Responder: _________________________________________

Responder Address: _________________________________________

Phone Number: _________________________________________

Fax Number: _________________________________________

Signature: _________________________________________

Name Printed: _________________________________________

Title: _________________________________________

Date Signed: _________________________________________

E-Mail: _________________________________________

Website: _________________________________________

MINORITY VENDOR CERTIFICATIONS

Please check all that apply:

The Responder represents that it IS IS NOT a woman or women-owned business.

The Responder represents that it IS IS NOT a minority-owned business.

The Responder represents that it IS IS NOT a disadvantaged business enterprise.

The Responder represents and warrants that the company meets the above and can provide supportive documentation upon request. Any lines left unchecked will be considered as if the “IS NOT” box has been checked.

Authorized Agent Signature Date

Authorized Agent Printed Name

COUNTY OF MUSKEGON

CERT. REGARDING DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS

The prospective participant certifies, to the best of its knowledge and belief, that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in transactions under federal non-procurement programs by any federal department or agency.

2. Have not, within the three-year period preceding the proposal, had one or more public transactions (federal, state, or local) terminated for cause or default, have ever been on the Prevailing Wage Violator’s Registry or are currently being investigated under current name or any DBA’s, corporate names, subsidiaries or other business entities under which you have operated in the last three years; and

3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) and have not, within the three-year period preceding the bid, been convicted or had a civil judgment rendered against it.

A. For the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction (federal, state, or local) or a procurement contract under such a public transaction.

B. For the violation of federal or state antitrust statutes, including that proscribing price fixing between competitors, the allocation of customers between competitors, or bid rigging, or

C. For the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

I understand that a false statement on this certification may be grounds for the rejection of this proposal or the termination of the award. In addition, under 18 U.S.C. § 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to five years, or both.

Name/Title of Authorized Representative Name of Participant Agency or Firm

Signature of Authorized Representative Date

□ I am unable to certify to the above statement. Attached is my explanation.

NON-DISCRIMINATION STATEMENT

Responder Name:

Project Name: INSURANCE BROKERAGE SERVICES

Project #: 24-2524

The Respondent’s signature indicates that respondent agrees that no individual shall, on the grounds of race, creed, age, color, national origin or ancestry, religion, sex, marital status or handicap be excluded from participation, be denied the benefit of, or be otherwise subjected to discrimination under any program or activity provided by this respondent.

Respondent further agrees that every subcontract entered into for the performance of this contract will contain a provision prohibiting discrimination against minority, women and handicapper owned businesses in subcontracting, and making discrimination a material breach of contract.

Authorized Signature Date

Note: Failure to submit the signed statement as part of the proposal will be cause for rejection of the proposal.

NO PROPOSAL RESPONSE FORM

Muskegon County Procurement Office Central Services Building, 2nd Floor 1903 Marquette Avenue, Suite A106 Muskegon, MI 49442 bids@muskegoncounty.net

We would appreciate you completing this form if you do not intend to respond to this request.

Proposal: 24-2524 Name: INSURANCE BROKERAGE SERVICES

Response

1. Specifications are too tight, i.e., geared toward one (1) brand or manufacturer only

(explain below). __________

2. Specifications are unclear (explain below). __________

3. We are unable to meet specifications. __________

4. Insufficient time to respond. __________

5. Our schedule would not permit us to perform within the required time. __________

6. We are unable to meet bond requirements. __________

7. We are unable to meet insurance requirements. __________

8. We do not offer this product or service. __________

9. Other (explain below). __________

REMARKS:

Company Name: ______________________________________________________________________

Signature: _________________________________ Printed Name: _____________________________

Title: _____________________________________ Date: ____________________________________

ADDENDA SUMMARY

If the County of Muskegon finds it necessary to post revisions, clarifications or additional information in regards to 24-2524 they will be posted to https://www.bidnetdirect.com/mitn/muskegon-county. The County is not bound by any oral representations, clarifications, or changes made in the RFP by the County or its agents, unless such clarifications or change is provided in written addendum from the County of Muskegon Procurement Office.

Please initial below acknowledging receipt of any addenda (give number and date of each). If none were received, please indicate this as well.

Addendum Number Addendum Date Initials

Company Name: ___________________________________

Printed Name: ___________________________________

Signature: ___________________________________

NOTE: Failure to acknowledge all issued Addenda may be cause for rejection of proposal. Go to https://www.bidnetdirect.com/mitn/muskegon-county for Addenda.

PROPOSAL SPECIFICATIONS

If there are any questions regarding the following specifications, please contact the Procurement Office at the Bidnet Hub website at: https://www.bidnetdirect.com/mitn/muskegon-county

Note: The County of Muskegon reserves the right to weigh each specification as to its importance to the needs of the department.

Muskegon County Human Resources Department

INSURANCE BROKERAGE SERVICES

1. DESCRIPTION OF PROJECT

A. Narrative

Muskegon County is located along Michigan’s west coast and is the largest civil administrative unit of local government in Michigan. The care and management of the property and business of the County is vested in the Board of Commissioners. It has a diverse population of approximately 172,000 people according to the 2010 census.

B. Agency Profile

Muskegon County government serves the community interest of its citizens through the process of representation and proactive local government. The county delivers its many services with fiscal responsibility and appreciation of the community’s rich diversity, while protecting its environmental resources and promoting the quality of life.

Muskegon County has approximately 1,071 employees, of which 1,019 are eligible for benefits; the remainders of those employees are seasonal or hourly employees with no benefits. Muskegon County has nine (9) bargaining groups in addition to its non-represented employees. The breakdown is as follows:

Sheriff Executives MFOPLC 4 Sheriff Sergeants 10 District Court Teamsters, Local 214 31 General Employees Unit Teamsters, Local 214 115 Circuit/Probate Court Unit Teamsters, Local 214 75 Health Department Nurses Michigan Nurses Association 5 Corrections Officers MFOPLC 47 Sheriff Deputies MFOPLC 38 Public Works SEIU, Local 517M 37 Non-Represented Employees 709 Total: 1,071

MFOPLC

Muskegon County currently provides the following insurance benefits to its employees:

Medical – Active BC/BS Premium Paid by Employer or Employer and employee (Depending on medical plan)

Medical – Retiree BC/BS Premium Shared by Retiree and Employer based on years of service of retiree

Dental Delta Dental Premium Shared by Employee and Employer

Retiree Dental Delta Dental Premium Shared by Retiree and Employer (Depending on years of service)

Vision Eye Med Premium Shared by Employee and Employer

Life Insurance The Standard Premium Paid by Employer

Long Term Disability The Standard Premium Paid by Employer (Non-Bargaining Employees Only)

Section 125 Plan isolved Administration Fee Paid by Employer

Muskegon County is currently fully insured with Blue Cross Blue Shield of Michigan to provide insurance coverage for its employees and retirees. The total number of subscribers with Blue Cross Blue Shield of Michigan is approximately 825 subscribers, 109 retiree and 520 Blue Cross Blue Shield Medicare Advantage subscribers.

C. General Intent

Due to anticipated challenges in revenues, Muskegon County is looking at ways to control compensation costs for the employees and the employer. Since health insurance costs represent a significant portion of compensation costs, we are looking for a qualified broker to work in conjunction with Muskegon County Human Resources to implement a solution to help manage these costs.

The Contract resulting from the RFP shall commence upon the date of the contract execution by both parties. The initial contract term between the County and the successful vendor will be for three (3) years with an option for two (2) one-year extensions, at the sole discretion of the County, for a potential total not to exceed five (5) years. If Muskegon County and the successful bidder agree that renewing the contract is in their best interest, the County will provide written notice of renewal 30 days prior to the anniversary date of the contract.

The County desires a company that has the experience in governmental and/or public agencies and that is located in Western Michigan by either satellite office or main office.

D. Background

Muskegon County has initiated a number of plan designs and policy changes over the past five (5) years in order to consolidate health insurance plan options and attempt to control cost. The following plans are currently offered for Muskegon County employees:

• HSA Plan 1 Deductible-$2,500/$5,000 Co-Insurance-10% Office visit copay-100% covered after deductible ER visit copay-100% covered after deductible Urgent care copay-100% covered after deductible

• HSA Plan 2 Deductible-$1,600/$3,200 Co-Insurance-0% Office visit copay-100% covered after deductible ER visit copay-100% covered after deductible Urgent care copay-100% covered after deductible

• HSA Plan 3 Embedded

Deductible-$3,200/$6,400 Co-Insurance-20% Office visit copay-100% covered after deductible ER visit copay-100% covered after deductible Urgent care copay-100% covered after deductible

• High Deductible Plan 1 Deductible-$750 /$1,500 Co-Insurance-20% Office visit copay-$20 ER visit copay-$150 Urgent care copay-$20

• High Deductible Plan 2 Deductible-$500 /$1,000 Co-Insurance-20% Office visit copay-$20 ER visit copay-$150 Urgent care copay-$20

• High Deductible Plan 3 Deductible-$1,000 /$2,000 Co-Insurance-20% Office visit copay-$30 ER visit copay-$150 Urgent care copay-$20

The County would like to pursue more aggressive actions to lower healthcare costs, including, but not exclusive to, plan design options and wellness initiatives. The County anticipates a significant partnership between the County, the selected broker and any appropriate insurance vendor in order to facilitate a process with the union to implement appropriate solutions.

2. SCOPE OF WORK

A. General:

The selected Broker shall provide the professional services necessary to perform the following general requirements:

1. The successful Broker shall prepare and perform the services necessary to replace insurance coverages that expire during the term of this agreement. The County will give final approval before executing new or renewing policies.

2. Develop a complete understanding of the County’s funding program and its objectives, both short and long term.

3. Prior to the beginning of each fiscal year, submit a service plan identifying goals, objectives, and an action plan.

4. Provide annual stewardship reports identifying accomplishments and monthly updates and status of pending projects.

5. Prepare an annual retention fund analysis forecast for use in determining appropriate retention levels.

6. Assist in risk exposure evaluation, and development and evaluation of traditional and alternative risk financing mechanisms, which may be beneficial to the County.

7. Assist with analysis of historical data and trends.

8. Attend meetings as requested. This may include meetings with County staff, Board of Commissioners and unions.

9. Perform other services customarily expected of a broker for the duration of the contract term.

10. Perform other Insurance Broker related services on an “as needed” basis.

11. Analyze the current plan designs and provide utilization data.

B. Insurance:

1. At the direction of the County, prepare insurance coverage specifications and market programs prior to the expiration of policies, indicating in writing markets approached, coverage and deductible/retention options being considered.

2. Act as the liaison and advocate, as appropriate, for the County with carrier underwriters and claims staff.

3. Provide all carrier quotations and reveal commission rates (if applicable) received from carrier underwriters with detailed recommendations to the County of which proposal would best meet the County’s needs concerning coverage and cost.

4. Provide renewal and unbiased alternate insurance proposal no later than 30 days prior to expiration of the current policies.

5. Prepare and present an annual report describing coverage, exposure and premium charges with recommendations outlining options to contain costs without sacrificing coverage for potential catastrophic loss.

6. Obtain from the County the necessary information and prepare applications required by insurers.

7. Verify the accuracy and adequacy of policies, endorsements, coverage and premiums, noting in writing any variation from the previous year or from conformance with specifications and any negotiations conducted with underwriters.

8. Assist in determining proper limits and coverage for exposures common to counties or local government.

9. Assess insurance company stability, solvency and service record.

10. Deliver insurance policies or binders during the term of coverage to the County.

11. Accurately amend policies, as needed.

12. Upon request, provide timely, written interpretation of coverage.

13. Provide policy maintenance and issue binders and certificates when required.

14. Represent the County in communications with carriers regarding coverage issues.

15. Review insurance carrier recommendations for appropriateness.

16. On an annual basis or more frequently if requested by the County, perform an audit of carrier claim management to assess overall performance of claims administration.

17. Provide an annual written report to the County disclosing commissions paid to broker, including amounts and frequency of payments.

3. PROPOSAL REQUIREMENTS

In submitting your proposal, please describe and number your responses accordingly and provide in order what information is being requested.

A. Understanding of Qualifications and Scope of Work

1. General Broker’s Services

a. The Broker’s services will consist of the services described in section 2. SCOPE OF

WORK.

b. A signed letter of transmittal briefly states the responder’s understanding of the project, the commitment to perform the work, a statement why the responder believes itself to be best qualified to perform the service and a statement that the proposal is a firm and irrevocable offer for a period of 90 days.

2. Company Information

a. Provide the history of your company, particularly your employee benefits division.

Include information about your parent company and your local office.

b. Categorize the clients your company services locally in the area of health and welfare benefit brokerage/consulting according to the schedule below. Include only organizations with which you serve as agent or consult on medical coverages:

Number of Clients 0-49 Employees ________________

50-99 Employees ________________ 100-249 Employees ________________ 250-499 Employees ________________ 500-999 Employees ________________

1,000-9,999 Employees ________________ 10,000-19,000 Employees ________________

20,000 + Employees ________________

c. How many of your clients do you currently work with on a broker basis? How many of your clients do you currently work with on a consultant basis?

d. How many employees are there in your company? Generally, what are their job categories (i.e. management, sales, technical, customer service, etc.)?

e. What percentage of your parent company’s 1) employees and 2) revenues are dedicated to:

i. Property and casualty insurance

ii. Individual insurance and other financial projects

iii. Retirement plans service and consulting

iv. Benefit administration services (COBRA, Section 125, etc.)

v. Group health & welfare, brokerage/consulting

f. Of the employees working in group health and welfare, how many in the following categories or disciplines?

# of Employees

• Administration & Other Support? ______________ (Please list what support services Other than Administration)

• Management ______________ (How many employees with Management also have Sales or Account Executive responsibilities)

• Sales / Account Executive? ______________

• Combination Customer Service Underwriting _______________

g. Provide the following information on the employees who will be assigned to directly service the County:

i. Names

ii. Biographies

iii. Job descriptions and responsibilities

h. Please provide the following information of the clients currently being serviced by these associates. We prefer that you give us permission to call any of these clients. Including only organization with whom you serve as agent or consult on medical coverages:

i. Client Name

ii. Industry

iii. Number of Employees

i. Which clients, other than those mentioned in item 2-h above, are also served by team members who will be assigned to our account?

j. If the company is a joint venture or consortium, the Qualifications of each company comprising the joint venture or consortium should be separately identified and the company that is to serve as the principal broker should be noted, if applicable.

k. In addition, the company shall provide information on the circumstances and status of any disciplinary action taken or pending against the company during the past ten (10) years with state regulatory bodies or professional organizations.

l. The company should also list and describe the company’s (or proposed subcontractors’) professional relationships invoicing the County of Muskegon or any of its agencies for the past ten (10) years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the proposed services.

3. Account Services:

a. Describe your account services department.

b. What is your process for ensuring customer satisfaction?

i. Please describe the controls your company has in place to ensure your work meets quality standards such as a quality control review process to which you are subject to or use voluntarily (for example, peer reviews and client quality surveys).

ii. Please provide copies of any reports or other output of the above items of that nature that have been completed in the past two years.

c. Please list in detail the types of training your employees receive.

d. What processes do you use to select, hire and retain high quality employees? How do you assure that we will have a motivated, well-trained and supported staff dedicated to us?

e. Has your company been sued by any client, employees or benefit carrier in the last ten

(10) years? Do you have any pending litigation?

4. Service/Data Analysis:

a. Describe your compliance advisory process:

i. Explain how you monitor and keep up-to-date regulatory and legislative developments in such areas a ERISHA, ADA, FMLA, HIPPAA, I RS Code Section 125, COBRA, ACA and other benefit compliance issues including statues, rules and regulations on the federal and state level that may have impact to your company on the group benefit side.

ii. Describe the process by which your company disseminates information about legislative and regulatory compliance and changes to your clients. Provide several samples reflecting timely articles/items of interest. Also, please provide frequency of distribution of these items.

iii. Describe the process by which your company incorporates these developments into plan documents, SPD’s, administrative procedures, etc.

iv. Are there additional charges for these services?

b. Please outline your ability to analyze claims activity (medical and pharmacy) managed care utilization; establish trends and present recommendations on plan design.

i. Describe in detail any resources you use.

ii. What is its frequency?

iii. Are there additional charges for these services?

c. Will your company provide a wellness and preventative health analysis of our employees and claims experience? How much do you charge for this process? Please provide samples of reports provided to other clients. Also provide additional resources and support that you will provide regarding wellness initiatives.

d. Will your company complete a provider analysis of physicians, clinics and hospitals that treat our plan participants? Please provide samples of reports provided to other clients.

e. What is the cost of customizing reports?

f. Do you provide employee communication services for your client’s employees?

Please provide, in detail, samples of employee communication materials that you have recently created and distributed for other clients our size (i.e., 1,000 employees).

g. What educational and communication services do you provide to the HR group of your clients? Please detail this support by means of a schedule of events, and/or a listing of written materials provided in the last 18 months.

h. Describe your process of vendor/carrier evaluation, selection and new vendor implementation provided to your clients, including rebidding, annual renewals and plan design changes.

i. What assistance do you provide your clients to help them in their day-to—day administration of their group benefit plans?

j. How do you assist your clients to develop benefit levels that will help them recruit and retain the type of employees they need to be successful?

k. Describe your services supporting labor contract negotiations and arbitration/testimony.

l. Do you help facilitate annual open enrollments? Please describe services and resources available to your clients as well as outline if there are additional charges for these services.

m. Do you provide or have an affiliate that can provide an annual actuarial analysis of Muskegon County’s claims and allocated claims adjustment expenses? Is there additional cost for this service?

n. Please identify any other services that you can provide; for example, software access, OPEB Valuation assistance, etc. Are there additional costs for these services?

5. Strategic Planning/Vendor Selection:

a. What resources do you have available to help us manage our benefits and outline a benefits strategy consistent with our current and future business plans?

b. Furnish a list of insurance companies, third-party administrators and other providers for which your company is authorized agent or broker.

c. How are you going to control our costs? What specific strategic or tactical approaches will be pursued? How will you demonstrate the savings?

d. How do you review insurance discounts and what is your criteria for recommending changes in network affiliations?

6. Cost Projections / Ongoing Review

a. How can you help us develop cost projections tied to our fiscal goals?

b. Whom do you use for actuarial services? Please provide credentials.

c. How will you help with the management of insurance, including monthly (or quarterly) supervision and/or preparation of claims activity reports from carriers, executive summary reports, underwriting analysis for annual renewals, annual financial projections for budgeting purposes, and alternative funding analysis?

7. Legislative Compliance

a. Do you have an in-house benefits attorney? If yes, please provide his or her credentials, and the number of years he or she has provided counsel on benefits issues. If no, do you use an external benefits attorney and which company do you use?

b. Explain the steps you have taken to become HIPAA compliant.

8. Fees - Please provide this in a separate document.

a. Describe your proposed form of compensation (i.e., commission, annual retainer, fee-for-service). If you are proposing a fee, please include your fee schedule/hourly rates.

b. If you charge fees for consulting and employee communication, please indicate the basis of your charges (hourly, by project, etc.) and what typical charges might be.

c. Describe your methods to disclose all compensation.

9. References/Other

a. How many clients of similar size to Muskegon County have you lost in the last three

(3) years? Explain.

b. Please provide five references from your clients. Include the company’s name, address, length of time associated with your company, number of employees covered in their medical plan, industry and the contact information for the person to whom we are being referred. If we prefer to select our own references for a subsequent check, are all your clients available as references? If so, please provide your client list.

c. Please provide your company’s five most important services and/or resources that you feel differentiate you from your competitors (i.e., critical success factors, resources, culture, etc.). Be succinct in your responses limiting your response of each differentiator to 150 words or less.

d. Describe any other facets of your company that are relevant to this proposal that have not been previously requested and that you feel warrant consideration.

e. Submit a copy of proposed contract for County to review.

4. EXCEPTIONS

The bidder shall furnish a statement on company letterhead giving a complete description of all exceptions to the terms, conditions and specifications. Failure to furnish the statement will mean that the bidder agrees to meet all requirements of the terms, conditions and specifications.

5. EVALUATION CRITERIA:

The instructions for submitting the Proposals Conditions/Instructions set forth certain criteria which will be used in the receipt of proposals and selection of the successful firm.

The evaluation of proposals will be made on the basis of the criteria below. The respondents must first be deemed responsive to be considered for evaluation. To be responsive a respondent must:

A. Fully complete all general forms contained in this solicitation.

B. Provide evidence showing that the respondent met each of the Proposal Requirements, which include the Qualifications and Scope of Work.

C. Then the evaluation of proposal will be made on the bases of the criteria listed below:

Company Background Experience Products and Services Programs/Other Cost References

D. Upon receipt and evaluation of the responses, selected proposers may be requested to make presentations to the evaluation team.

E. The County reserves the right to negotiate the final terms and conditions of any contract to be executed, including but not limited to the fees. In the event that the County and a Respondent are unable to agree upon all contract provisions, the County reserves the right to cease negotiations, and move on to the select another Respondent, or to reject all proposals.

PROPOSAL CONDITIONS/INSTRUCTIONS TO RESPONDERS

These conditions are an integral part of the request for proposals and the Responder must comply with them.

1. Proposal Submittals

Responder must submit proposals on these forms as requested. Proposals may be submitted electronically through the Bidnet site.

Proposals may also be submitted in a physical package, please call 231-724-6281 to make appointment for delivery/drop-off.

For electronic submittal, proposals may be submitted at the Bidnet site only. Proposal offers sent by other electronic devices are NOT acceptable and will be rejected upon receipt.

A. Responses submitted electronically will be submitted through the online Bidnet Portal at:

https://www.bidnetdirect.com/mitn/muskegon-county. Electronic submissions by other methods will not be accepted. Preferred viewing browsers are Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. JavaScript must be enabled.

B. Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bidnet Portal. The maximum upload file size is 1000 MB. Documents should not be embedded with uploaded files, as the embedded files will not be accessible or evaluated.

2. Invoices and Payment Terms

Invoices are to be mailed to the County department on the resulting purchase order. All invoices must include the purchase order number. Failure to comply may result in delayed payments. The County payment terms are Net 30 days unless a cash discount is allowed for payments within not less than fifteen (15) days. The payment term shall begin on the date the service/product is accepted by the County and the correct invoice is received in the office specified on the purchase order.

3. Specification Inquiries / Proposal Procedure Inquiries

The sole point of contact concerning the Request for Proposal (RFP) is the Muskegon County Procurement Office at the Bidnet portal at: https://www.bidnetdirect.com/mitn/muskegon-county.

Contacting any other personnel, agent, consultant or representative are non-binding and may result in disqualification.

Questions must be submitted no later than the time and date specified on the cover of this document. In the interest of transparency, only written questions will be accepted. Answers to questions will be posted on https://www.bidnetdirect.com/mitn/muskegon-county

4. Response Preparation.

Responders must follow the instructions and provide a complete response to all specifications.

Responder should include its company name in the header of all response documents. All cost associated with the submittal and preparation shall be borne by the respondent. This solicitation does not require the County to offer a contract.

5. Clarification Request If the County determines, after the deadline to submit proposals, that a responder’s proposal is not clear, the County reserves the right to issue a request (‘Clarification Request”) to a responder to clarify its proposal. Failure to respond to a Clarification Request may be cause for disqualification.

6. Reservations The County reserves the right to discontinue the RFP process at any time for any reason. The issuance of an RFP, your preparation and submission of a proposal and the County’s subsequent receipt and evaluation of your proposal does not commit the County to award a Contract to you or anyone, even if all the requirements in the RFP are met.

https://www.bidnetdirect.com/mitn/muskegon-county

7. Award

The award of a County contract will be made to the responsive and responsible responder who offers the best value to the County. The following criteria may be considered by the County in selecting the best value: a) Ability to perform the service required within the specified time; b) Conformance to specifications; c) The quality of the performance in previous contracts; d) Financial ability to perform the contract; e) Item pricing; f) responder references.

8. Vendor/Respondent Complaints or Protests The County of Muskegon has established administrative procedures for handling vendors complaints in a fair and timely manner. Vendors should observe the following steps in order to file complaints:

Step 1 The vendor must contact the Director of Finance within seven (7) days of the incident about which he or she has a complaint. The Director of Finance will reply verbally or in writing to the vendor after discussion with the County Administrator.

Step 2 If the vendor is dissatisfied with the Director of Finance’s reply, an appeal must be made in writing within seven (7) days to the Muskegon County Board of Commissioners.

9. Freedom of Information Act Proposals will be available for public inspection after the award announcement, except to the extent that a respondent designates trade secrets or other proprietary data to be confidential. Material designated as confidential must be readily separable from the remainder of the proposal to facilitate public inspection of the non-confidential portion of the proposal. A respondent’s designation of material as confidential will not necessarily be conclusive and the respondent may be required to provide justification why such material should not be disclosed, on request, under the Michigan Freedom of Information Act.

10. Rights to Information Contained in Proposals All Proposals will be considered the property of Muskegon County.

11. Responder Samples, Brochures and Literature

Include brochures, literatures and samples if available. Samples of items when required, must be furnished free of expense to the County and upon request, be returned to the Responder at the Responder’s expense. Samples of selected items may be retained for comparison purposes.

12. Insurance Requirements

The respondent may enclose with his or her proposal an insurance certificate indicating the insurance coverage stated under “County of Muskegon Insurance Requirements” section of this proposal.

Adequate insurance as specified in this RFP must be furnished by the successful Responder before the awarding of the proposal and before the signing of any County/successful Responder agreements and/or work performed by the successful Responder.

13. Commission Privilege

The Board of Commissioners reserves the right to accept or reject any or all proposals, reserves all rights granted to it by law, reserves the right to waive formalities and to take such action, as it deems necessary in the best interest of the County of Muskegon.

14. Legal Requirements

Federal, State, County and local ordinances, rules and regulations, and policies shall govern development, submittal and evaluation of proposals and disputer about proposals. Lack of knowledge by a Responder about applicable law is not a defense.

15. Forum Selection

Any litigation regarding the agreement or its contents shall be filed in the County of Muskegon, if in a

State Court, or in the United States District Court of the Western District of Michigan, if in Federal Court.

16. Execution of Counterparts

The agreement may be executed in any number of counterparts and each such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed; shall together constitute one and the same instrument.

17. Entire Agreement

The final agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to the agreement and by no other means. Each party waives their future right to claim, contest or assert that the agreement was modified, canceled, superseded or changed by any oral agreements, course of conduct, waivers or estoppels.

18. Respondent/Offeror Representation

Each respondent/offeror must sign the proposal with his/her usual signature and shall give his/her full business address on the form provided in this Request for Proposals.

Proposals by partnership shall be signed with the partnership name by one of the members or by an authorized representative. Proposals by corporations shall be signed with the name of the corporation followed by the signature and designation of the president, secretary or other person authorized to bind it in the matter.

19. Subcontracting No portion of this proposal may be subcontracted without the prior written approval by the County. It may be in the best interest of the awardee to subcontract some parts of any given job; however, the successful Respondent will be held responsible by the County for the quality, delivery and all terms and conditions of this proposal.

20. Assignment Any purchase order awarded shall not be assignable by the successful Respondent without the express written approval of the County and shall not become an asset in any bankruptcy, receivership or guardianship proceedings.

21. Civil Rights

A. The responder assures that in accordance with Title VII of the Civil Rights Act of 1964 (42U.S.C.

2000 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); Title IX of the Education Amendment of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686); the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.); the Regulations issued thereunder (45 CFR Parts 80, 84, 86, and 91); the Michigan Persons with Disabilities Civil Rights Act 220 of 1976, as amended; the Handicapper Business Opportunity Act, Public Act 112 of 1988 (MCL 450.791-45.795); the Qualified Service-Disabled Veteran-Owned Preference, Public Act 91 of 2005 and 133 of 2008 (MCL 18.261); the Americans with Disabilities Act, Public Law 101-336 of 1990 and the ADA Amendments Act public Law 110-325, and the Michigan Elliot-Larsen Civil Rights Act 453 of 1976 that no individual shall, on the grounds of membership in a protected class be excluded from participation, be denied the benefit of, or be otherwise subjected to discrimination under any program or activity provided by this responder.

Assurance is given to the County that good faith efforts will be made to identify and encourage the participation of minority, women, handicapper and disadvantaged business enterprises in contract solicitations. The responder shall incorporate language in all contract awards: 1) prohibiting discrimination against minority, women, handicapper and disadvantaged businesses in subcontracting; and 2) making discrimination a material breach of contract.

B. The responder assures that it meets the requirements of the Drug Free Workplace Act of 1988, 34 CFR Part 85, Sub-Part F.

C. The County of Muskegon operates on an equal opportunity basis in its bidding policy (Title VII of

Civil Rights Act of 1964, Equal Opportunity Clause, Executive Order 11246, Chapter 60, Sub- Part A, 60-I.4, Revised Order No. 4). Bidding is open to all interested parties, in compliance with national, state and local laws.

22. Alternates & Deviations

Specifications referred to herein are used to indicate the desired type, and/or construction, and/or operation. An alternate may be offered if deviations from specifications are minor and if all deviations are properly outlined on a separate sheet. Failure to outline all deviations may be grounds for rejection of your proposal.

Alternates must be placed on a separate sheet.

The decision of the County of Muskegon, acting through the Director of Finance or their authorized representative, shall be final as to what constitutes acceptable deviations from specifications.

23. Michigan Iran Economic Sanctions Act, 2012 P.A. 517 Pursuant to the Michigan Iran Economic Sanctions Act, 2012 P.A. 517, by submitting a bid, proposal or response, Respondent certifies, under civil penalty for false certification, that it is fully eligible to do so under law and that it is not an “Iran linked business,” as that term is defined in the Act.

24. Responder Arrears

No proposal shall be accepted from and no contract will be awarded to any person, firm or corporation that is in arrears to the County upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the County, or that is deemed irresponsible or unreliable by the County. If requested, respondents/offerors shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service bid and that they have the necessary financial resources to provide the proposed supply/service as described in the Specifications.

25. Errors/Omissions/Discrepancies

Any errors, omissions or discrepancies in the specifications discovered by a prospective successful Responder and/or service provider shall be brought to the attention of the Director of Finance as soon after discovery as possible. Further, the successful Responder and/or services provider shall not be allowed to take advantage of errors, omissions or discrepancies in the specifications.

26. Solicitation Opening

Solicitations will be opened and the responder names read publicly online via Zoom meeting. A meeting invite is embedded in the Cover Page of the solicitation or you can request an invite by sending an email to bids@muskegoncounty.net.

27. Telegraphic/Electronic Proposal Submittal

Responders that desire to submit a proposal electronically must submit through the Bidnet site at https://www.bidnetdirect.com/mitn/muskegon-county. All other methods of telegraphic and or proposal offers sent by electronic devices (e.g. facsimile machines or electronic mail) are NOT acceptable and will be rejected upon receipt. Respondents will be expected to allow adequate time for delivery of their responses either by airfreight, postal service, or other means.

28. Proposal Changes

No late proposals will be accepted. Proposals, amendments thereto, or withdrawal requests received after the time advertised for proposal opening will be void regardless of when they were mailed.

29. Purchase Order A purchase order will be issued to the successful Responder after the proposal has been awarded.

The County of Muskegon shall not be responsible for any goods delivered or services performed without a purchase order issued and signed by the Director of Finance or an authorized representative.

30. Accelerated Pay Discounts Accelerated discounts should be so stated on the proposal form. If quick pay discounts are offered, the County reserves the right to include that discount as part of the award criteria. Prices proposed must, however, be based upon payment within thirty (30) days after receipt, inspection and acceptance. In all cases, quick pay discounts will be calculated from the date of the invoice or the date of acceptance, whichever is later.

31. Proposal Results Responders who submitted a proposal and who wish to know the results before the award may visit the Bidnet web site at https://www.bidnetdirect.com/mitn/muskegon-county.

32. Taxes Sales Tax: For purchases made directly by the County of Muskegon, the County is exempt from State and Local Sales Tax. Prices shall not include such taxes. However, property purchased by a Contractor to be used in the construction, alteration, repair, or improvement of property owned by the County is taxable to the Contractor. Therefore, the price bid for contracts other than construction contracts must be exclusive of taxes and will be so construed. Construction contracts will be construed to include all applicable taxes.

33. Gender

For the benefit of brevity, when the pronouns “he” or “his”/“she” or “her” are used, it is not intended to denote the gender of any person.

34. Exceptions

The respondent shall furnish a statement on company letterhead giving a complete description of all exceptions to the terms, conditions and specifications. Failure to furnish the statement will mean that the respondent agrees to meet all requirements of the terms, conditions and specifications.

35. Brand Names

Unless otherwise specified, manufacturer’s names, trade names, information and/or catalog numbers listed in the specifications are intended only to identify the quality and characteristics desired. They are not intended to limit competition. A Responder may offer any equivalent product, which meets or exceeds the specifications. If proposals are based on equivalent products, the proposal must: a) Indicate the alternate manufacturer’s name and catalog number; b) Include complete descriptive literature and/or specifications; and c) include proof that the proposed equivalent will meet the specifications. The County reserves the right to be the sole judge of what is equal and acceptable to meet its needs in all respects. If respondent fails to name a substitute, goods identical to the specified standard must be furnished.

36. Ownership and Use of Documents

A. All documents prepared in connection with the Submittal will become the property of the County whether any project related to this agreement is executed or not.

B. The successful Responder will retain all of its records and supporting documentation relating to this RFP, and not delivered to the County, for a period of three years, except that in the event the successful Responder goes out of business during that period, it will turn over to the County all of its records relating to the project for retention by the County.

37. Termination for Convenience

Muskegon County may terminate a solicitation or contract, in whole or in part, whenever the County determines that such termination is in the best interest of the County, without showing cause, upon giving notice to the successful Responder. Muskegon County does not pay for cost associated with the solicitation process. Muskegon County shall pay all reasonable costs incurred by the successful Responder up to the date of termination. However, in no event shall the successful Responder be paid any amount, which exceeds the price bid for the work performed. The successful Responder will not be reimbursed for any profits, which may have been earned up to the date of termination.

38. Termination for Default

When the successful Responder has not performed or has unsatisfactorily performed the contract or in the event, any of the provisions of the purchase order are violated, the County may serve written notice of…