25-02 BMED Professionals CC.pdf

Competitive Contract Request for Proposals

2026-2029 Fund Professionals

Auditor

Actuary

Attorney

Treasurer

Fund Coordinator

Executive Director

Bergen Municipal

Employee Benefits Fund

CC# 25-02

SUBMISSION DATE: October 15, 2025, at

11:00A.M.

9 Campus Drive, Suite 216

Parsippany, NJ 07054

Competitive Contract Request for Proposals

Notice is hereby given by the Bergen Municipal Employee Benefits Fund that a Competitive Contract in accord with N.J.S.A. 40A:11-4.1 will be received by the Fund on October 15, 2025, at 11:00am prevailing time conducted on electronic platform, in accord with N.J.A.C. 5:34-1 et. Seq., on BidNet at www.bidnetdirect.com//Mrhif at which time and place the sealed proposals will be received for the following:

CC #25-02 2026 Fund Professionals Competitive Contract

For zoom information and how to view the opening contact:

MRHIF Qualified Purchasing Agent Sean P.

Canning QPA

Scanning@TheCanningGroup.org

Contract Compliance And Equal Employment Opportunity

Bidders must comply with the requirements of N.J.S.A. 10:5-31 et seq., and

N.J.A.C. 17:27 et. Seq., The Fund will award this Competitive Contract in accord with Price and Other Factors as outlined within N.J.S.A 40A:11-4.1 et. Seq., and N.J.A.C. 5:34-4.1 et. Seq.

NOTE:

It is the bidder’s responsibility to ensure that the bid package is uploaded electronically by the bid opening date and time. No physical or email submissions will be accepted.

Report of Competitive Contract:

In accord with N.J.S.A 40A:11-4.5(d) the summary report will be posted on the Fund’s website at www.bidnetdirect.com//Mrhif at least 48 hours prior to the commissioners taking action on award.

This procurement has been advertised in accordance with the “Fair and Open Basis”

September 25, 2025 Sean Canning, QPA http://www.bidnetdirect.com/Mrhif mailto:Scanning@TheCanningGroup.org http://www.njmel.org/

Administrative Documents

Required

With

Bid if “X”

DOCUMENTATION REQUIRED OR

REVIEWED

Read, Signed

& Submitted

Bidder’s

Initial

Bid Guarantee (Bid Bond or Certified/Cashier’s Check) (with POA for full amount of Bid Bond)

Consent of Surety (Certificate from Surety company)

Performance Bond and Labor and Material Payment Bond (Required from the

Awarded Contractor)

Maintenance Bond in the Amount of 100 % for a period indicated in “General

Conditions” Required from the Awarded Contractor Upon Acceptance of Project

Acknowledgement of Receipt of Addenda (To be Completed if Addenda are Issued)

X Statement of Ownership Disclosure Form

Declaration of Sub Contractors

Public Works Contractor Registration Certificate(s) for the Bidder and all Sub

Contractors (Prior to Award, but effective at time of bid)

X Required Evidence EEO/Affirmative Action Regulations

X Business Registration Certificate – Bidder and all Sub Contractors (Prior to Contract

Award)

Non-Collusion Affidavit

X Experience and Qualifications

X Insurance and Indemnification Certificate

X Disclosure of Investment Activities in Iran Form

X Disclosure of Investment Activities in Russia Form

Federal debarment Form

Prevailing Wage Certification (PL 2021, C301)

Equipment Certification

X Americans With Disability Act of 1990 Language

X Pay to Play Advisory (P.L. 2005, Chapter 271, Section 3 Reporting)

This checklist is provided for bidder’s use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications.

Bidder

Name:

Date:

Authorized

Representative:

Signature:

SECTION 1

COMPETITIVE CONTRACT

FOR

FUND PROFESSIONALS

I. PURPOSE AND INTENT

Through this COMPETITIVE CONTRACT, the Bergen Municipal Employee Benefits Fund

(hereinafter the “BMED”) seeks to engage the following fund professionals:

• Auditor

• Actuary

• Attorney

• Treasurer

• Fund Coordinator

• Executive Director

These appointments will be for the period of three (3) years. This contract will commence on

January 1, 2026 or upon appointment, whichever is later. This contract will be awarded through a fair and open process pursuant to N.J.S.A. 19:44A-20.5 et. Seq., Submit all questions and proposals electronically on www.bidnetdirect.com//MRHIF. CC# 25-02

II. GENERAL INFORMATION ON THE FUND

The Fund is controlled by Fund Commissioners that annually elects an Executive Committee. The

Fund is regulated by the Department of Banking and Insurance and the Department of Community affairs.

The BMED shall have the power to establish a fund or funds for benefits pursuant to contributory or non-contributory group health insurance or group term life insurance, or both, for employees or their dependents, or both, through self-insurance, the purchase of commercial insurance or reinsurance, or any combination thereof and shall have the power to take other actions necessary to develop, administer and provide risk management programs, joint self-insurance funds, joint insurance purchases and related services.

The Metro Sub Fund is currently made up of the following groups and corresponding lives and monthly premium. All are located in Northern New Jersey.

http://www.bidnetdirect.com/MRHIF

The Metro Sub Fund is currently embedded financially and managed by the contracted professionals of the BMED Fund and intends to become an independent, State approved Health Insurance Fund on January 1, 2024. At which time, the Metro Sub Fund will require its own professional and extraordinary and unspecified service contracts.

DESCRIPTION OF POSITIONS

1.0 Treasurer: The Treasurer shall be a Certified Municipal Finance Officer and a Certified Public

Accountant and shall have the following duties and responsibilities:

a. The Treasurer shall be the custodian of the Fund's assets and shall maintain the various trust funds.

b. The Treasurer shall approve all receipts, payments and financial records.

c. The Treasurer shall prepare the Fund's cash management plan and shall invest all balances.

d. The Treasurer shall ascertain the availability of sufficient unencumbered funds in any account to fully pay all charges or commitments prior to any payment or commitment.

e. The Treasurer shall perform such other duties as specified by the Executive Committee in its manual of operations and to discharge the duties of the office as set forth in N.J.S.A.

40A: 10-36 et seq. and N.J.A.C. 11:15-3.1 et seq., including the following:

f. Deposit all receipts in bank accounts within 48 hours of receiving same; including Cobra receipts if so assigned such responsibility.

g. Review all expense payment vouchers, checks and receipts prior to presentation of the bills' list to the Executive Committee.

h. Sign and distribute all expense payment checks.

i. Fund claim imprest accounts in amounts requested by claims administrators.

j. Compare claims administrator and treasurer records of claim payments, recoveries, voids, and adjustments and report variances to the claims administrator and Executive

Director/Administrator.

k. Reconcile all checking and investment accounts prior to submittal of monthly reports to the Executive Committee and Executive Director/Administrator.

l. Submit a monthly report of cash and investment activity to the Executive Committee in a format acceptable to it.

m. Assist the Executive Director/Administrator's office in the preparation of the general ledger by supplying a report of cash and investment activity for a month at least one week prior to a subsequent month's Executive Committee meeting. Such report of cash and investment activity shall be in a format specified by the Executive

Director/Administrator. The report shall be supplemented by:

i. ··checking and investment account reconciliations for the period.

ii. ··copies of all bank/investment account statements for the period.

iii. ··imprest account reconciliations for the period.

n. Review the monthly general ledger, trial balance, and financial fast track reports to assure that they are consistent with treasurer's cash and investment records.

o. Oversee and implement the Fund's cash and investment management plan.

p. Assure that all treasurer records are available for review by outside auditors within 30 days of June 30 and December 31 period ends.

q. Report monthly to the Executive Committee on delinquent assessments, and assist in collection of outstanding assessments.

r. Submit plans to the Executive Director/Administrator for correction of audit comments and recommendations dealing with functions relating to this scope of service.

s. Implement corrective action plans adopted by the Executive Committee for audit comments and recommendations.

t. Attend Executive Committee meetings and/or other meetings as may be deemed necessary to effectuate the scope of services.

u. Assist the Executive Director/Administrator in the preparation of the annual operating budget.

v. Perform other duties as requested by the Executive Committee and as outlined in Fund

Bylaws, Risk Management Plan, Cash and Investment Management Plan, and in State statutes and regulations.

w. The Treasurer shall be covered by a fidelity bond protecting the Fund’s assets in a form and amount to be determined annually by the Fund. Said bond shall be paid by the Fund.

2.0 Executive Director: The Executive Director shall have the following qualifications, duties and responsibilities:

a. The Executive Director shall serve as Administrator of the Fund and shall be experienced in risk management matters and self-funded entities, and shall have at least ten (10) years of experience in the management and operation of health joint insurance funds.

b. The Executive Director shall carry out the policies established by the Fund, shall serve as the day to day chief operating officer of the Fund and otherwise administer and provide for day-to-day management of the Fund.

c. Prepare for approval of the Executive Committee and implement the Fund's operations manual and policy & procedures manual.

d. Prepare the Fund's budget, compile and bill the monthly assessments.

e. Maintain the Fund's underwriting files including census data, prepare new member submissions for review by the Executive Committee, and supply underwriting data to other Fund professionals as needed.

f. Maintain the Fund's general ledger, accounts payable and accounts receivable functions.

g. Coordinate the Fund's meeting agendas, minutes, elections, contracts as well as maintain the Fund's official records and office.

h. Prepare, in conjunction with the Fund attorney, all filings required by state regulators.

i. Attend all meetings of the Fund.

j. Provide for automated benefits enrollment and eligibility administration for Fund

Members and their participating employees.

k. Produce the monthly premium bills for all Fund Members.

l. Manage and administer all aspects of COBRA and Retiree billing administration.

m. Issue HIPAA certificates of Credible Coverage to former Fund health plan participants.

n. Manage day to day transactional services related to enrollment services.

o. Handle and resolve all day to day claim and service inquiries with the various contracted third party claim administrator and insurers.

p. Act as primary liaison and coordinator between the Fund and all Service Providers contracted by the Fund to provide services in the delivery of health and medical benefits provided through the Fund.

q. Manage, in conjunction with the Fund attorney, the contracting process between all

Service Providers and the Fund including all contracting, negotiation and related functions.

r. Manage and oversee the interaction and contracting between the Fund and the

Reinsurance through which the Fund shall contract for re-insurance purposes.

s. Manage and administer the initial development and ongoing maintenance of member benefit booklets / plan documents.

t. Manage and administer the claims data management process, including data warehousing and claim reporting functions.

u. Issue performance reports and results from time to time as it relates to Service Provider performance.

v. Manage, direct and oversee all aspects of the new client application screening, review and completion process, including actuarial interface.

w. Manage, direct and oversee all aspects of the new client on boarding and implementation process.

x. In cooperation with the Fund attorney, interface with New Jersey Department of Banking and Insurance officials and represent the Fund on all regulatory matters.

y. Assume overall executive responsibility for the operations of the Fund except that the

Executive Director shall not be responsible for the errors and omissions of any other

Servicing Organization with respect to carrying out the directives of the Fund, their

Service Provider Contract, or the applicable statutes and regulations as to the form and timeliness of said undertakings.

z. Perform such other duties specified by the Fund in its manual of operations pertaining to the Executive Director including but not limited to maintenance of the Fund’s web site.

aa. Act as program design consultant and twice per year prepare a report to the FUND concerning overall trends and developments in employee benefits, along with a statistical analysis of the FUND's claims data to identify trends and potential cost containment strategies.

bb. Meet with and advise various subcommittees established by the FUND for purposes of plan design and cost containment and prepare written reports concerning the deliberation of these subcommittees.

cc. Prepare written specifications for review by the FUND for HMO's, PPO'S, conversion benefits, COBRA, TPA's, managed care and cost containment providers, reinsurance, claim auditors, technical writers and, at the request of the FUND, secure these services and/or reinsurance in compliance with the “Local Public Contracts Law.”

dd. Twice a year, prepare a written report to the FUND concerning the compliance of the various Service Providers with respect to the written specifications provided, however, that this evaluation is not intended to be in the scope of an audit and shall not include financial related reviews or evaluate the accuracy of claim payments.

ee. Resolve coverage, claims and service questions for employees and bargaining units. A complaint log shall be maintained and reviewed each month along with the complaint log prepared by the TPA and the TPA's compliance with the disputed claims procedure. A written recommendation to the FUND on disputed claims shall be provided, which are referred to the FUND for decision.

ff. Coordinate the preparation of all plan documents, employee booklets, I.D. cards and other employee communications as well as be available for meetings with member entities to explain benefit issues as requested.

gg. The Executive Director shall be bonded in a form and amount acceptable to the

Commissioner. The Executive Director shall also be covered by Errors and Omissions insurance as provided by N.J.A.C. 11:15 3.6(e)7 and/or supplements or amendments pertaining thereto. Said coverage is to be paid for by the Fund.

3.0 Fund Coordinator:

The Fund Coordinator shall be experienced in health insurance matters and shall provide field services to the member board of educations including:

a. Identify Public Entities which may qualify for membership, be available to discuss the

FUND with potential members, assist in the preparation of applications, review the new member submissions prepared by the Administrator and coordinate the filed level implementation of the program in the event entity is accepted for membership by the

Executive Committee.

b. Provide member entities with advice and consultancy services related to such member entity’s health insurance benefits and services

c. Coordinate and, as appropriate, sub-contract with Risk Management Consultants on field services for local member entities. All such sub-contracts shall comply with standards established by the FUND and shall be filed with the FUND prior to payment for such services.

d. Attend all meetings of the FUND.

e. Perform such other duties as may be reasonably requested by the FUND.

f. The Fund Coordinator shall be bonded in a form and amount acceptable to the Executive

Committee. The Fund Coordinator shall be covered by Errors & Omissions insurance.

4.0 Auditor:

a. The Auditor shall be an independent certified public accountant (CPA) or a registered municipal accountant (RMA). The Auditor shall conduct the annual audit of the Fund in accordance with GAAP, GASB, N.J.S.A. 40A: 10-46 and N.J.A.C. 11:15-3.24 and shall perform such other duties, including the following, as provided by the Fund, these

Bylaws and the laws and regulations of the State of New Jersey.

b. Provide an annual audit of the financial statements of the FUND for the period ending

December 31, 2024. The examination shall be made in accordance with generally accepted auditing standards and in compliance with the audit requirements as prescribed by the Division of Local Government Services, New Jersey Department of Community

Affairs, and the Commissioner of Insurance of the State of New Jersey and, accordingly, will include such tests of accounting records and other such auditing procedures as will be considered necessary in the circumstances. The audit opinion must not have a limitation of scope or qualifications relating to the review of actuarial reserves or the reliance on third party actuaries.

c. The audits will be reported upon by the SERVICE PROVIDER in a form acceptable to the Division of Local Government Services and the Commissioner of Insurance. The audit, for the period ending December 31, 2024, shall be completed and presented no later than May 22, 2025. In the event that circumstances do not allow for the timely completion of the audit by that date, the FUND Administrator and the FUND Auditor will mutually agree on a completion date.

d. Submit to the FUND's Executive Committee a Management Letter containing recommendations, comments, and suggestions concerning internal control and accounting procedures deemed necessary. The SERVICE PROVIDER will meet with the FUND's

Executive Committee to review the Audit Report and the Management Letter as requested.

e. The examination specified herein shall comply with all applicable provisions of the New

Jersey Statutes. As a part of the examination, the SERVICE PROVIDER will consider the internal control structure of the FUND; the objective of which is to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control structure. However, the FUND will report to the SERVICE PROVIDER any reportable conditions in the internal control structure that come to the FUND's attention during the course of our examination.

f. During the course of the examination, should any situation develop which would cause the SERVICE PROVIDER to believe that defalcation exists, or that the records are not sufficient to allow the auditor to render an opinion, the SERVICE PROVIDER will promptly notify the Executive Committee of the situation and outline the specific corrective action to be taken, including any audit scope changes that will be required and the approximate costs to be incurred.

g. Perform such other services as are necessary and customarily incidental to the office of

FUND Auditor.

h. Attend, through its designated representative, such meetings of the FUND's Executive

Committee as may be requested by the Executive Committee and Executive

Director/Administrator.

i. Assist, where requested, in the preparation of the FUND's budget and members' assessments.

j. Professionally perform such other duties as may be determined by the FUND's Executive

Committee.

k. Make no change in the designated representative without the consent of the FUND's

Executive Committee.

l. Utilize a qualified actuary to review the actuarial assumptions and methods used in determining the reserves recorded in the financial statements.

5.0 Attorney: The Attorney shall have the following responsibilities:

a. The Attorney shall advise the Fund on legal and regulatory matters and the appropriateness of claim settlements recommended by the Claims Administrator.

b. The Attorney shall be available to assist the member local units through their attorneys in negotiation with bargaining units concerning benefit plan designs, coverage, etc.

c. The Attorney shall advise the Fund on the selection of outside counsel to represent the

Fund when appropriate.

d. The Attorney shall perform such other duties as provided for by the Fund, these Bylaws and the laws and regulations of the state of New Jersey including the representation of the

Fund in legal proceedings where applicable. The Attorney shall be licensed to practice law in the State of New Jersey.

6.0 Actuary:

a. The Actuary shall certify the actuarial soundness of the Fund and shall report to the Fund

Commissioners/Executive Committee in a manner and at such times established by them and shall provide such actuarial reports as required by the Department. The Actuary shall certify loss reserves, reserves for "Incurred But Not Reported" (IBNR) losses and unearned assessments and shall comment on the adequacy of the budget. More specifically, the Actuary shall:

b. Attend, through its designated representative, such meetings of the FUND's Executive

Committee as may be reasonably required.

c. Review all new applicants to the FUND, compute annualized loss projections by line of coverage and assist the FUND's Executive Director in developing an appropriate assessment.

d. On a quarterly basis calculate the Incurred But Not Reported (IBNR) claims for the purpose of establishing loss reserves in conjunction with the case reserves established by the FUND's Claim Service Company. All calculations must be submitted to the FUND's

Executive Director/Administrator and Auditor within forty-five (45) days of the close of each quarter during the first two years and semi-annually thereafter.

e. Certify loss reserves, reserves for "Incurred But Not Reported" (IBNR) losses and unearned assessments.

f. Certify the adequacy of the next FUND year's budgeted loss fund accounts.

g. Unless the Commissioner of Insurance otherwise permits, the SERVICE PROVIDER shall handle, to conclusion, all claims and other obligations incurred during the contract period.

h. Provide actuarial memoranda and other documents to the New Jersey Department of

Banking and Insurance, upon its request.

i. Professionally perform such other duties as may be determined by the FUND's Executive

Committee, by the FUND's Bylaws, any applicable Excess Fund's Bylaws, N.J.S.A.

40A:10-36 as well as the regulations under N.J.A.C. 11:15-3.1 and agreed to by the

SERVICE PROVIDER in accordance with applicable professional standards.

j. Be a fellow in good standing with the Society of Actuaries for health with at least 3 years of recent experience in health insurance pricing and reserving.

SECTION 2

GENERAL REQUIREMENTS AND TERMS

1.0 Proof of Licensure

1.1 Proof of licensure for providing Professional Services in the State of New Jersey, for either the firm or the person responsible for the work, shall be provided as required.

2.0 Termination of Contract

2.1 If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon have the right to terminate the

Contract by giving written notice to the contractor of such termination at least sixty (60) days prior to the proposed effective date of the termination. Such termination shall relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the Contract.

2.2 The contractor agrees to indemnify and hold the owner harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the Contract by the owner under this provision.

2.3 In case of default by the contractor, the owner may procure the articles or services from other sources and hold the contractor responsible for any excess cost occasioned thereby.

3.0 Non-Allocation of Funding Termination

3.1 Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Contractor hereunder, whether in whole or in part, the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify the Contractor in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the

Owner to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third-party contractor.

4.0 Force Majeure

4.1 Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any of the terms or provisions of this Agreement if the fulfillment of any term or provision of this Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the party whose performance is interfered with which by the exercise of reasonable diligence such party is unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement is delayed or prevented by any court order, or action or injunction or other such agreement, this

Agreement shall become voidable by the Fund by notice to each party.

4.2 The owner and the Contractor each bind themselves and their successors, executors, administrators, heirs and assigns and legal representatives of the other party respecting all covenants and agreements and obligations of this contract.

4.3 The terms of this Agreement shall be construed and interpreted, and all respective rights and duties of the parties shall be governed by the laws of the State of New Jersey.

5.0 Challenge of Specification

5.1 Any respondent who wishes to challenge a specification shall file such challenge in writing with the Fund no less than three (3) business days prior to the opening of the RFP's. Challenges filed after that time shall be considered void and having no impact on the owner or the award of contract.

5.2 Payment

5.2.1 Invoices shall specify, in detail, the period for which payment is claimed, the services performed during the prescribed period, the amount claimed and correlation between the services claimed and the Proposal

Cost Form/Schedule of Fees.

5.2.2 Payment will be made on presentation of owner’s voucher duly signed and executed.

5.2.3 The owner may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following:

5.2.3.1 Deliverables not complying with the project specification;

5.2.3.2 Claims filed or responsible evidence indicating probability of filing claims;

5.2.3.3 A reasonable doubt that the Contract can be completed for the balance then unpaid.

5.2.4 When the above grounds are removed, payment shall be made for amounts withheld because of them.

5.3 Non-payment of Penalties and Interest on Overdue Bills

5.3.1 State Law requires that public funds be used to pay only for goods delivered or services rendered. The Fund will not pay penalties and/or interest on overdue bills. The Fund Treasurer is not authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the owner to pay additional fees.

6.0 Ownership of Material

6.1 The owner shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the performance of this contract.

All such items shall be returned immediately to the owner at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the owner, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract.

6.2 Ownership of all data, materials and documentation originated and prepared for the owner pursuant to this contract shall belong exclusively to the owner. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the owner upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the owner. All information supplied to the owner may be required to be supplied on CD-ROM/Flash Drive media compatible with the owner’s computer operating system, windows based, Microsoft Office XP or greater.

7.0 Source of Specifications/RFP Packages

7.1 The BMED issue procurement through the vehicles designated in the legal notice. Potential respondents are cautioned that they are responding at their own risk if a third party supplied the specifications that may or may not be complete.

The BMED is not responsible for third party supplied RFP documents.

8.1 W-9

8.1 Successful respondent shall complete W-9 Form and submit to the Fund prior to contract award. The form is available at the following link: http://www.irs.gov/pub/irs-pdf/fw9.pdf

9.0 Assign, Sublet or Transfer Any Rights/Interests

9.1 Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this Agreement without the prior written consent of the other party. Unless specifically stated to the contrary, in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this

Agreement. Nothing herein shall be construed to give any rights or benefits to anyone other than the owner and the

Contractor.

10.0 Insurance and Indemnification

10.1 If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the premises or property of the owner in order to construct, erect, inspect, make delivery or remove property hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of any accident, injuries, damages, or hurt to person or property during the course of the work herein covered and be his/her sole responsibility.

10.2 The contractor further covenants and agrees to indemnify and save harmless the owner from the payment of all sums of money or any other consideration(s) by reason of any, or all, such accidents, injuries, damages, or hurt that may happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any owner regulation, ordinance or the laws of the State, or the United States while said work is in progress.

10.3 The contractor shall maintain sufficient insurance to protect against all claims under Workers Compensation, General Liability and Automobile and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided.

10.4 Professional Liability/Malpractice Insurance Policy (if applicable)

10.4.1 Coverage in the amount of $1,000,000.00/occurrence, $3,000,000.00 aggregate and assurance that each such policy for each staff member remains full and in effect while providing services for the Metropolitan Health

Insurance Fund

10.4.2 The contractor shall provide the owner with a Certificate of Insurance naming the Metropolitan Health

Insurance Fund as additionally insured, evidencing the existence of required insurance prior to the Fund of work. Said insurance must include coverage for complete operations, contractual insurance and independent contractor or subcontractor insurance, where and if applicable.

11.0 HIPAA (If Applicable)

11.1 Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability

Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding HIPAA regulations for the confidentiality and security of medical information.

11.2 The Contractor shall:

11.2.1 Not use or disclose protected health information other than as permitted or required by law.

11.2.2 Use appropriate safeguards to protect the confidentiality of the information.

11.2.3 Report any use or disclosure not permitted.

11.2.4 The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the contractor to comply with the requirements of the Health Insurance Portability and Accountability Act

(HIPAA) or any other statute or case law protecting the privacy of persons using its services.

http://www.irs.gov/pub/irs-pdf/fw9.pdf

12.0 Fees

12.1 Each offeror shall set forth the rate for the services proposed.

13.0 Proposal Submission

13.1 It is the offeror’s responsibility to ensure that it has a complete and thorough understanding of all requirements regarding the specifications prior to the submission of its proposal.

13.2 Proposal must be written in Times New Roman, 12 pt. font and 1.5 line spacing with a maximum of twenty (20) pages. Additional materials may be included in the appendix. Proposers shall upload one PDF document of their complete, signed proposal that includes all required documents.

14.0 CONTACTS/ QUESTIONS :

All questions pertaining to process or technical questions shall be submitted through Bident Direct.

15.0 Procurement and Method of Award

15.1 This procurement is being conducted in accord with the laws governing competitive contracting at PSCL 40A:11-4.1 et.seq., (see below).

15.2 Method of award shall be ratings upon responses of Price and Other Factors more fully described within N.J.A.C.

5:34-4.3(d)

15.2.1 Managerial Weighted Percent 40%

15.2.2 Technical Weighted Percent 40%

15.2.3 Cost Weighted Percent 20%

Technical criteria:

(Max Points ) 1 Pt = Poor Response, 3 Points = Average Response, 5 Pts = Concise and Superior Response

Vendor Name:

Does the vendor's proposal demonstrate a clear understanding of the scope of work and related objectives?

(2) Is the vendor's proposal complete and responsive to the specific RFP requirements?

(3) Has the past performance of the vendor's proposed methodology been documented?

(4) Does the vendor's proposal use innovative technology and techniques?

Sub Total Technical 0 0 0

Management criteria:

3 Points = Average Response,

(1) Does the vendor document a record of reliability of timely delivery andon-time and on- budget implementation?

(2) Does the vendor document industry or program experience?

(3) Are the availability of in- house and contract resources documented?

Sub Total Managerial 0 0 0

Cost criteria:

3 Points = Average Response, (1)Relative cost: How does the cost compare to other similarly scored proposals?

(2)Full explanation: Is the price and its component charges, fees, etc. adequately explained or documented?

SUB TOTAL COST 0 0 0

Final Rater Score 0 0 0

EXHIBIT A

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127)

N.J.A.C. 17:27 et seq.

GOODS, GENERAL SERVICES, AND PROFESSIONAL SERVICES CONTRACTS

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2.

The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the

State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

Letter of Federal Affirmative Action Plan Approval;

Certificate of Employee Information Report; or

Employee Information Report Form AA-302 (electronically provided by the

Division and distributed to the public agency through the Division’s website at:

http:// www.state.nj.us/treasury/contract_compliance.

The contractor and its subcontractors shall furnish such reports or other documents to the

Division of Purchase & Property, CCAU, EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of

Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq http://www.state.nj.us/treasury/contract_compliance

NEW JERSEY ANTI-DISCRIMINATION PROVISIONS

N.J.S.A. 10:2-1 ET SEQ.

Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:

a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

c. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and

d. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

I

SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT

New Jersey Business Registration Certification

Pursuant to N.J.S.A. 52:32-44, The MRHIF (“Contracting

Agency”) is prohibited from entering into a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration Certificate on file with the Division of

Revenue and Enterprise Services within the Department of the Treasury.

Prior to contract award or authorization, the contractor shall provide the Contracting Agency with its proof of business registration and that of any named subcontractor(s).

Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Contracting Agency prior to the time a contract, purchase order, or other contracting document is awarded or authorized.

During the course of contract performance:

(1) the contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the contractor with a valid proof of business registration.

(2) the contractor shall maintain and submit to the Contracting Agency a list of subcontractors and their addresses that may be updated from time to time.

(3) the contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the

Division of Taxation in the Department of the Treasury, the use tax due pursuant to the

Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the

Division of Taxation at (609)292-6400. Form NJ-REG can be filed online at http://www.state.nj.us/treasury/revenue/busregcert.shtml.

Before final payment is made under the contract, the contractor shall submit to the Contracting

Agency a complete and accurate list of all subcontractors used and their addresses.

Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of business registration not properly provided under a contract with a contracting agency.

Emergency Purchases or Contracts

For purchases of an emergent nature, the contractor shall provide its Business Registration

Certificate within two weeks from the date of purchase or execution of the contract or prior to payment for goods or services, whichever is earlier.

http://www.state.nj.us/treasury/revenue/busregcert.shtml

SAMPLE BUSINESS REGISTRATION CERTIFICATE

STATEMENT OF OWNERSHIP DISCLOSURE

N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)

This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal.

Name of Organization:

Organization Address:

Part I Check the box that represents the type of business organization:

Sole Proprietorship (skip Parts II and III, execute certification in Part IV)

Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)

For-Profit Corporation (any type) Limited Liability Company (LLC)

Partnership Limited Partnership Limited Liability Partnership (LLP)

Other (be specific):

Part II

The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE

THE LIST BELOW IN THIS SECTION)

OR

No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV)

(Please attach additional sheets if more space is needed):

Name of Individual or Business Entity Address

Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS

OR LLC MEMBERS LISTED IN PART II

If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.

Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s

Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.

Stockholder/Partner/Member and Corresponding Entity Listed in Part II

Address

Part IV Certification

I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the Fund is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with Fund to notify the Fund in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the Fund to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print):

Title:

Date:

Americans with Disabilities Act of 1990

The CONTRACTOR and the OWNER do hereby agree that the provisions of Title 11 of the Americans With

Disabilities Act of 1990 (the "ACT") (42 U.S.C~ S12101 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this contract. In providing any act benefit, or service on behalf of the OWNER pursuant to this contract, the CONTRACTOR agrees that the performance shall be in strict compliance with the Act.