Agent_of_Record_(Addendum_#4_Revision).pdf

REQUEST FOR QUALIFICATION (RFQ)

2024-164

AGENT OF RECORD

City of St. Cloud

1300 9th Street

St. Cloud, FL 34769

RELEASE DATE: September 15, 2024

DEADLINE FOR QUESTIONS: October 8, 2024

RESPONSE DEADLINE: October 17, 2024, 10:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/stcloud

City of St. Cloud

REQUEST FOR QUALIFICATION (RFQ)

Agent of Record

I. INTRODUCTION

II. DETAILED SCOPE OF SERVICES AND REQUIREMENTS

III. PROPOSAL CONTENT / FORMAT

IV. INSTRUCTIONS TO BIDDERS

V. EVALUATION CRITERIA

VI. INSURANCE REQUIREMENTS

VII. GENERAL TERMS AND CONDITIONS

Attachments:

A - C-2 Acord Certificate of Insurance Sample

B - No Response Form

Request For Qualification (RFQ) #2024-164 Title: Agent of Record

1. INTRODUCTION

1.1. Summary

A. SCOPE OF SERVICES SUMMARY

The City of St. Cloud is seeking to retain the services of qualified and experienced consultants for

Agent of Record on an “as needed” basis, as specified in the Detailed Scope of Services and

Requirements Section of this RFQ document. The successful respondent shall prove by their qualifications, experience, and plan for the work, that they will best serve the overall needs of the City. The selection of the successful respondents shall be at the City’s discretion and shall be made in a prompt manner after receipt and evaluation of all responses. If you are interested in preparing a response to this RFQ, please complete all the requirements set forth in this RFQ document. Under the proposal process, the stipulations set forth herein are fully binding on the respondent to the extent that you confirm acceptance by your electronic signature on the

Respondent’s Certification.

B. PRE-RESPONSE CONFERENCE

A non-mandatory pre-response conference is required for this RFQ.

C. CONTRACT FOR SERVICES

After selection of Consultants by the City, each Consultant will be required to negotiate and execute a Professional Services Agreement with the City.

D. MINIMUM BIDDER QUALIFICATIONS

In order for a Proposal to be considered by the City, Respondents shall demonstrate, in their proposals, compliance with the following minimum requirements:

o Consultant must demonstrate qualifications and experience in providing professional

Insurance/Brokerage services.

o Consultant licensed to do business in the State of Florida.

E. FUND AVAILABILITY

Any Contract resulting from this solicitation is deemed effective only to the extent that funds are available. The City of St. Cloud abides by the provisions set forth in Florida Statutes relative to appropriations of funds. The ability of the successful Respondent to maintain a sense of fiscal responsibility and budgetary awareness shall be favorably considered in the ranking and award of a contract. This disclosure is being made to assist all Respondent in the gauging of their desire to participate in this proposal and in the planning and preparation of their written response. The

City reserves the right to negotiate all Respondent fees, costs, charges, for any proposed services or appurtenant requirement.

F. PERSONNEL

The work shall be performed and directed by the key personnel identified in the submittal from the awarded firm or individual in response to this RFQ. The awarded firm or individual shall not subcontract, assign or transfer any work under the agreement without the prior written consent of the City. Subconsultants must be identified in the submittal and shall be subject to the approval of the City. Any changes in the identified personnel shall be subject to the prior review and approval of the City. When directed by the City, subconsultants personnel whose performance or behavior is determined to be unsatisfactory shall be immediately removed. The awarded firm or individual shall provide a sufficient number of qualified personnel as necessary to effectively carry out its responsibilities under the agreement.

1.2. Background

The City of St. Cloud is a community of approximately 62,000 residents, covering approximately 20 square miles in Osceola County, located in Central Florida. To obtain general information about the City of St. Cloud, access www.stcloudfl.gov.

1.3. Contact Information

Procurement Services

Procurement Services

1300 9th Street

Building A, 2nd Floor

St. Cloud, FL 34769

Email: purchasing@stcloudfl.gov

Phone: (407) 957-7212

Department:

Procurement

Department Head:

Leslie Flores

Procurement Services Director

1.4. Timeline

Release Project Date September 15, 2024

Pre-Proposal Meeting (Non-Mandatory) October 1, 2024, 9:00am

Zoom link to be issued in addendum

Question Submission Deadline October 8, 2024, 5:00pm

Proposal Submission Deadline October 17, 2024, 10:00am http://www.stcloud.org/ mailto:purchasing@stcloudfl.gov tel:(407)957-7212

2. DETAILED SCOPE OF SERVICES AND REQUIREMENTS

2.1. INTENT

The City of St. Cloud is seeking a qualified, experienced firm/individual to provide insurance consultant/brokerage services to assist in the management of its various insurance programs.

Services shall include, but not be limited to: the review, analysis, recommendation, and placement of all programs in the areas of GROUP HEALTH, DENTAL, VISION, LIFE & DISABILTY, WORKERS’

COMPENSATION, PROPERTY & CASUALTY, GENERAL LIABILITY COVERAGE, as well as processing policy changes, endorsements, policy review and audits, and monitoring utilization. Services may also be required to manage insurances currently held and for insurances being sought during the term of the contract.

Interested firms or individuals must be qualified pursuant to Florida law. The selected firm or individual must be currently licensed to practice in the State of Florida by the Department of Insurance, as required by law.

2.2. GENERAL INFORMATION

The City of St. Cloud employs approximately 517 full-time and 131 part-time employees and is in the business of providing government services to the residents of the City of St. Cloud. The City of St. Cloud provides health and dental insurance benefits to employees and subsidizes a portion of the cost.

Employees may also elect vision coverage and the employee paid premiums are deducted through bi-monthly payroll deductions. Currently the City’s plan benefit year is October 1 – September 30. The City of St. Cloud also has an employee health and wellness clinic.

The benefits listed below are some of the benefits available to employees and dependents, and are included, but not limited to, the resulting contract:

• Medical (self-funded) – current provider is Cigna

• Dental – current provider is MetLife

• Vision – current provider is Humana Worker’s Comp – current provider is Davies

• Employee Health and Wellness Center – current provider is Evernorth

• Life Insurance/LTD/AD&D – current provider is The Standard

• Property & Casualty – current provider is PGIT

• General Liability – current provider is PGIT COBRA – current provider is Medcom

2.3. MINIMUM BIDDER QUALIFICATIONS

A. In order for a Proposal to be considered by the City, Proposers shall demonstrate, in their proposals, compliance with the following minimum requirements:

o Respondent must demonstrate qualifications and experience in providing professional insurance/brokerage services.

o Respondent licensed to do business in the State of Florida.

o Respondent must have staffed office in Florida.

o Respondent must assign a qualified staff member of the firm to serve as the primary contact with the City and a secondary contact to serve in the event that the primary contact is not available.

o The Respondent must have been providing these services for a minimum of five (5) years.

The Respondent must have acted as a full service Agent/Broker for a Florida local government for at least two (2) consecutive years within the past five (5) years and have expertise and training in the fields of group health, dental, vision, Worker’s Comp, property

& casualty, and ancillary insurance programs. Professional designations/certifications in the benefit field (i.e. CEBS, RHU) and in the financial planning field (i.e. CFP, ChFC) are a plus.

o The Respondent must be fully HIPPA complaint and their employees must be trained in the requirements of the HIPPA laws.

o The Respondent must be willing and able to continue business with all of the City’s existing providers. This does not mean the City intends to maintain all of its current carriers, but would if necessary and/or considered advantageous to the City. Additionally, a

Respondent that has access to or is a member of a health insurance pool may be considered advantageous to the City.

2.4. CUSTOMER SERVICE

A. Provide claims assistance and intervention on all plans and product lines.

B. Monitor and process all reinsurance claims. Receive, review, clarify and de-identify all appeals from the carriers, providing information to the Human Resources designee including recommended action so they can make decisions on appeals; once decisions have been reached, communicate decision to the carrier as required.

C. Monitor the programs’ operations throughout the year to ensure that benefit providers are meeting all customer service requirements and standards.

D. Coordinate and conduct regular insurance meetings, to discuss claims, loss control, exposure, changes, and general administrative matters at least quarterly, and other meetings as requested by the City.

E. Service day-to-day administration issues including providing assistance in the daily administration of programs, resolution of vendor and carrier service issues, and address questions and concerns raised by the City’s employees and management.

F. Provide a qualified contact person for all members (including all employees, dependents, retirees, and COBRA participants) to contact directly to assist with claim issues and other insurance related questions.

G. Administer the COBRA program. Agent of Record is responsible for all expenses related to the

COBRA program.

H. Provide direct access for employees, dependents, retirees, and COBRA participants, to include a toll-free phone number and the qualified contact person’s email address to answer all questions related to benefits. The contact’s phone number, email address and other pertinent information must also be provided in the Benefit Booklet to the members. Provide direct access to Human

Resources/Risk Management Benefits personnel including direct office and cellular phone number for qualified contact person.

I. Assist the City’s Legal Counsel in preparation of defense, if any litigation should result from benefits contracting and testify in court as needed/requested.

2.5. COMPLIANCE

A. Prepare all “master applications” and other documents.

B. Review all contracts, Summary Plan Descriptions, documents and other information as requested for accuracy.

C. Prepare and coordinate preparation of Summary of Benefits and Coverage and Summary Plan

Description.

D. Prepare, coordinate and provide all compliance related documents as required, including but not limited to, required Federal and State Notices and documents for PPACA such as Exchange

Notices, Michelle’s Law, COBRA, Newborns’ and Mothers’ Health Protection Act, Section 125, CHIP, WHCRA, Medicare D. Notices, etc.

E. Assist the City in obtaining quotes from qualified actuarial firms to complete necessary certifications as requested by the state and federal laws.

F. Provide the City’s actuarial firm the correct data necessary for certification of the funded or self-funded plans that is required to be submitted to the State Insurance Commissioners’ office; the actuarial firm shall bill the Agent of Record directly and shall be paid by the Agent of Record.

G. Provide HIPAA training, documents, and other related items as needed.

H. Provide up to date and accurate information related to Healthcare Reform, compliance and other benefits-related legislation which might arise.

I. Provide resources and answers for compliance-related questions.

J. Provide the City Human Resources department with resources and contacts for general HR/Risk related legal and regulatory questions.

2.6. REPORTING

A. Maintain all financial reports including the benefits cost analysis. This data must be customized to provide in a format as requested by the City. Provide reports on a monthly basis and as requested.

B. Provide and prepare Affordable Care Act calculations and reporting.

C. Conduct an annual benefit survey of other local entities as determined by City staff that includes the level of benefits provided and the costs/premiums associated with such benefits.

D. Assist in budget development by providing an estimate of expected insurance premiums and other costs for the upcoming fiscal year in conjunction with City budget planning period.

E. May prepare a working summary for the City of St. Cloud of each policy including key terms, conditions, and endorsements and maintain an up to date summary.

F. Provide additional reports as requested.

G. Provide copies of all insurance policies in a format that is compatible with the information technology systems of the City as requested.

2.7. RENEWAL

A. Review existing benefit plans and identify potential gaps or overlaps. Make recommendations for modification.

B. Represent the City with best efforts regarding employee benefits when dealing with benefit service providers. Obtain and analyze periodic reports of claims utilization and other pertinent information from service providers. Identify claims trends and anomalies in a timely manner and prepare recommendations to the City on actions to be taken, if any.

C. Review historical claims experience, demographic data trends, and plan performance from a financial perspective.

D. Assist the City in budget development by providing an estimate of expected insurance premiums and other costs for the upcoming fiscal year. Assist City staff with the development of employee and employer contribution levels.

E. Review additional available cost savings plan alternatives and creative funding options.

F. Responsible for assisting in benchmarking pricing and negotiating health plan, reinsurance, dental plan, vision plan, ancillary and supplemental coverages, COBRA administration, online enrollment system and other plans/products as directed by the City. The firm shall present the findings in a clear and concise manner to the City. Analysis must include network disruption reports, employer and employee cost comparison, plan design details, contract comparisons and any other details as requested and applicable.

G. Perform all professional services related to preparing requests for proposal and negotiating the best proposal from selected vendors.

H. Prepare and present a written analytical report of the proposals received including recommendation(s) and supporting documentation including carrier quotes for recommendations by a certain date that will be defined in the approved agreement with the broker.

I. Prepare summary reports with comparative analysis of all submittals including plan design, rates, networks and service guarantees. Present results to the City Manager and Human

Resources.

2.8. EDUCATION

A. Provide educational and communication tools to increase awareness and help contain costs, including conducting employee and retiree meetings, preparing and providing an annual

Benefits Booklet and any other information as requested.

B. Create communications and presentations outlining the plans to all employees and retirees for open enrollment, as well as other times as requested including:

1. Prepare and provide Benefit Booklets (after final client approval).

2. Prepare, print and mail retiree communications including Retiree Benefit Booklet.

2.9. BILLING & ONGOING ENROLLMENT

A. Develop and maintain the communications portion of the online enrollment website. This includes updating plan designs, posting information, documents, forms, etc. monitoring surveys, and any other review, update or implementation as requested.

B. Facilitate providing identification cards, Summary Plan Descriptions, and other required documentation and necessary forms for all insurance benefit plans.

C. Manage process of enrollment, termination, and change-of-status requests for all vendors, including COBRA.

D. Review and respond to online enrollment discrepancy reports sent from carriers.

E. Facilitate the enrollment of all retirees into the online enrollment system.

F. Facilitate, if requested, the billing, collections, and premium remittance for all retiree coverage enrollments.

G. Provide spreadsheets each month for carrier bill payments and provide reconciliation assistance for all insurance benefit plans.

2.10. OPEN ENROLLMENT

A. Provide management of online enrollment system including monitoring the accuracy of the setup/implementation; provide all direction to the vendor for upcoming plan year (open enrollment set-up, oversee all changes, etc). Agent of Record is responsible for all expenses related to the online enrollment system.

B. Prepare presentation for and conduct open enrollment meeting by providing up to five (5) onsite meetings for employees and two (2) onsite meetings for retirees. In addition, up to twelve (12) online meetings shall be provided which can be attended by remote employees.

These include various times such as morning, afternoon and evening meetings. Presentation is prepared and given by consultant.

C. Provide narrated open enrollment presentations in a recorded video format which can be viewed by members at their convenience with a way to track attendance (i.e. who has viewed the presentation).

2.11. OTHER SERVICES AS REQUIRED

A. Participate with the City in conducting an annual Health and Wellness Fair at no cost to the City

B. Insurance plan design

C. Marketing of existing coverages

D. Bid insurance contracts to assure best possible conditions and pricing. Bid to be approved by

City prior to submission. Responses to be provided to the City of St. Cloud and will include comparative analysis of price, coverage and security with other competitive bids.

E. Assist in the negotiation for other coverage as directed

F. Obtain answers to policy coverage questions as requested

G. Perform other related services on an “as needed basis”

3. PROPOSAL CONTENT / FORMAT

In order to achieve a more consistent evaluation of all proposals, proposals shall be submitted in the following format and include the following information:

3.1. DBA*

*Response required

3.2. Authorized Representative Name/Title*

*Response required

3.3. Federal Employer Identification Number (FEIN)*

Verfied in SunBiz

*Response required

3.4. PROPOSAL*

A. TITLE PAGE

1. The title page shall list the subject “RFQ NO.2024-164 Agent of Record” It shall also contain the proposing firm’s full legal name, physical address, mailing address (if different than physical address), telephone number and e-mail address, as well as the name, address, telephone and/or cell phone number, and e-mail address of a contact person.

B. TABLE OF CONTENTS

1. The table of contents shall list all major topics with their corresponding section title or heading and beginning page number.

C. INTRODUCTORY LETTER

1. Describe information about your Firm and explain why your Firm is best suited to meet the services for this RFQ.

D. QUALIFICATIONS

1. All firms that submit a proposal shall meet, but not be limited to, the following minimum qualifications:

a. Familiarity and years of service to public agencies.

b. Indicate specifically the personnel who will have primary responsibility for this contract and demonstrating extent of, and applicability, of experience pertinent to the City's needs.

c. Organizational chart with team member resumes. The Respondent shall provide an organizational chart depicting the proposed project team and each team member’s role on the project. The Respondent shall identify all subconsultants.

d. Professional staff (name, project role, business address, phone number and email address) including job skills, education (degree and specification), professional training, total years of experience, years of experience with the current firm, professional registration, and other professional qualifications.

e. Identify any subconsultants who are to participate in providing services. This must include their respective tasks or disciplines they are to perform and evidence of their qualifications (name, project role, business address, phone number and email address) including job skills, education (degree and specification), professional training, total years of experience, years of experience with the current firm, years of experience working with the respondent, percent of subconsultants business to be performed for prime and also include past relationships, professional registration, and other professional qualifications.

f. Current and projected workload. Provide a list of your current and projected workload addressing the addition of the City as a client.

g. Provide a statement as to whether the respondent has, in the last five years, been a party to a lawsuit of any kind related to, in any manner, the type of services requested in this RFQ. If any such litigation exists, provide a statement as to legal style of the matter, the jurisdiction in which it was filed and the status.

h. State that the business is licensed, permitted, and/or certified to do business in the

State of Florida. All required federal, state, and local licenses and permits shall be kept in force during the term(s) of the contract. Copies of all required licenses are to be provided with Consultant’s submittal.

E. PROJECT UNDERSTANDING AND PROPOSED APPROACH

1. Respondent shall include a proposed approach for providing the services outlined in the requested “Scope of Services” as understood by the Firm and the ability of the Firm to provide such resources, including but not limited to:

a. Continuity of Management Team

b. Insurance Requirements are met.

c. Assessment of capability to meet and comply with legal conditions.

d. License requirements are met.

F. EXPERIENCE AND SIMILAR PROJECTS

1. To demonstrate experience and success in conducting similar work, the respondent shall provide a minimum of five (5) similar contracts that best illustrates the proposed team’s qualification for the scope of services indicated in this RFQ. This shall include project name, project start and completion date, client name and contact information, project staff involved from the proposed project team as listed on the organization chart (to be included with submittal); and a detailed description of the project and its applicability to evaluation of this RFQ. Do not include the City of St. Cloud as a reference.

2. Indicate experience with self-funded medical plans, employee wellness centers, online open enrollment, compensation recommendations and preferred status with insurance carriers and/or experience with health insurance pools.

*Response required

3.5. PRICE PROPOSAL*

*Response required

3.6. ADDITIONAL DATA TO SUPPORT PROPOSAL*

Provide a copy of your current certificate of insurance. During the entire period of performance of any contract resulting from this solicitation, the successful Proposer shall procure and maintain the minimum insurance coverage required by the City of St. Cloud as stipulated in the Insurance

Requirements Section. Policies other than Workers’ Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the company by the Department of Insurance of the State of Florida to conduct business in the State of Florida, with a minimum A.M. Best rating of

VII/A-. Proof of such insurance must be provided to the City prior to beginning contract performance.

*Response required

3.7. COMPLIANCE FORMS

3.7.1. Respondent's Certification*

I have carefully examined the Invitation to Bid.

I hereby propose to furnish the services specified in the Solicitation. I agree that my submittal will remain firm for a period of at least 90 days in order to allow the City adequate time to award bid.

I certify that all information contained in this submittal is truthful. I further certify that I am duly authorized to provide this submittal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract.

I further certify, under oath, that this submittal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation tendering a submittal for the same service, that no officer, employee or agent of the City of St. Cloud or any other respondent is interested in said submittal; and that the undersigned executed this Respondent’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

☐ Please confirm

*Response required

3.7.2. Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes*

I understand that a “”public entity crime” as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United

States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.

I understand that “convicted” or “conviction” as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or non contendere.

I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

A. A predecessor or successor of a person convicted of a public entity crime; or

B. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, and partners. Shareholders, employees, members, and agents who are active in management of an entity.

Based on information and belief, the following statement, is true in relations to the entity submitting this statement.

Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the

Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order).

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE

PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS

FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO

UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A

CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA

STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

☐ Please confirm

*Response required

3.7.3. Americans with Disabilities Act (ADA) Disability Nondiscrimination Statement* I, being duly first sworn state: That the named firm, corporation or organization is in compliance with and agreed to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provision pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat327,42USC1210112213 and 47 USC Sections

225 and 661 including Title I, Employment; Title II, Public Services: Title III, Public Accommodations and

Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous

Provisions. The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section

553.501-553.513, Florida Statutes: The Rehabilitation Act of 1973, 229 USC Section 794; The Federal

Transit Act, as amended 49 USC Section 1612; The Fair Housing Act as amended 42USC Section 3601-

☐ Please confirm

*Response required

3.7.4. Business Entity Affidavit (Vendor/Bidder Disclosure)*

OWNERSHIP DISCLOSURE AFFIDAVIT

A. If the contact or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation’s stock. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. All such names and addresses are (Post Office addresses are not acceptable), as follows:

Full Legal Name:

Address:

Ownership %:

The full legal names and business address of any other individual (other than subcontractors, materialmen, suppliers, laborers, or lenders) who have, or will have, any interest (legal equitable, beneficial or otherwise) in the contract or business transaction with the City are (Post Office addresses are not acceptable), as follows

3.7.5. City of St. Cloud Drug Free Workplace Compliance Form* Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality, and service, are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: (The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does): (Name of Business)

A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

B. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

C. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Subsection 1.

D. In the statement specified in Subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 1893 or of any controlled substance law of the

United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

E. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted.

F. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I confirm that this form complies fully with the above requirements.

3.7.6. No Lobbying Affidavit*

I confirm that I am an authorized representative, maker of the attached submittal made in response to a request for bid, proposals, qualifications and/or any other solicitation released by the City of St. Cloud, and swear that the bidder and any of its agents agrees to abide by the City of St. Cloud’s no lobbying restrictions in regard to this solicitation

☐ Please confirm

*Response required

3.7.7. Certification for Contracts, Grants, Loans, and Cooperative Agreements* The undersigned certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any

Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure

Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352

(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned Contractor hereby certifies and attests to the accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

3.7.8. Vendor Certification of Scrutinized Companies Lists*

Section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan

List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which are created pursuant to s. 215.473, F.S., or the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, F.S., or companies that are engaged in a boycott of Israel. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled “Respondent Vendor Name” is not listed on either the Scrutinized Companies with

Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector

List, or the Scrutinized Companies that Boycott Israel List. I further certify that the company is not engaged in a boycott of Israel. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

I confirm that I am authorized to sign on behalf of the referenced company and certify acknowledgement and acceptance that the above statement is true.

3.7.9. Certification Regarding Debarment, Suspension, and Other Responsibility Matters*

This certification is required by the Federal Regulations Implementing Executive Order 12549, Debarment and Suspension, 45 CFR Part 93, Government-wide Debarment and Suspension, for the

Department of Agriculture (7CFR Part 3017), Department of Labor (29 CFR Part 98), Department of

Education (34 CFR Parts 85,668,682), Department of Health and Human Services (45 CFR Part 76).

I, the prospective bidder certify to the best of its knowledge and belief that it and its principals:

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

B. Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements , or receiving stolen property;

C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity

(Federal, State, or local) with commission of any offenses enumerated in paragraph (B) of this certification; and

D. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, local) terminated for cause or default.

I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. Any exceptions provided will not necessarily result in denial of award, but will be considered in determining bidder responsibility and whether or not the City will enter into contract with the party. For any exception noted, indicate on an attached sheet to whom it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions.

3.7.10. E-Verify Compliance Form*

Definitions:

“Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration.

“Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration.

Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S.

Department of Homeland Security’s E-Verify System to verify the employment eligibility of:

A. All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida during the term of the contract; and

B. All persons (including subvendors/subconsultants/subcontractors) assigned by

Vendor/Consultant/Contractor to perform work pursuant to the contract with the

Department. The Vendor/Consultant/Contractor acknowledges and agrees that use of the

U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of St. Cloud, Florida; and

C. Should vendor become successful Contractor awarded for the above-named project, by entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination.

3.7.11. Federal Requirements (If Applicable)

Please review and confirm the acceptance of the Federal Requirements. #Federal Requirements

☐ Please confirm

3.7.12. General Terms and Conditions

Please review and confirm the acceptance of the General Terms and Conditions.

☐ Please confirm

3.8. Additional Documents

3.8.1. PROPRIETARY INFORMATION

https://procurement.opengov.com/portal/stcloud/projects/115576/document?section=undefined

4. INSTRUCTIONS TO BIDDERS

4.1. PUBLIC RECORD STATEMENT

By submitting a proposal to the City of St. Cloud, each Bidder acknowledges and understands that the

City of St. Cloud is a public agency subject to Chapter 119 Florida Statutes (“Public Records Law”) and all responses are deemed a public record and open to public scrutiny. Any Proposal document the Bidder submits will be a public record when the City of St. Cloud provides notice of an intended decision or 30 days after opening the bids, proposals, or final replies, whichever is earlier. Trade Secrets, certain background financial information, and other items, may constitute exemptions to disclosure under the

Public Records law. Bidder expressly understands records associated with this project are public records and agrees to comply with Florida’s Public Records Law, to include:

A. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the services contemplated herein.

B. Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this Florida’s

Public Records law or as otherwise provided by law.

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.

D. Meet all requirements for retaining public records and transfers, at no cost, to the City, all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City.

E. IF BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO

THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC

RECORDS AT CITY CLERK'S OFFICE, 1300 9TH STREET, ST. CLOUD, FLORIDA 34769,

TELEPHONE 407-957-7300, EMAIL cityclerk@stcloudfl.gov.

4.2. ACKNOWLEDGEMENT

A. Submission of a proposal shall constitute an acknowledgement by the Bidder and certifies that they have thoroughly examined and is familiar with the Request for Qualifications. The failure or neglect of the Bidder to examine the RFQ shall in no way relieve him/her of any obligations with respect to either his/her proposal or the RFQ. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the Request for Qualifications.

B. The selected Bidder shall comply with all Federal and State requirements, to include 2 Code of

Federal Regulations (CFR) Part 200, Uniform Guidance, listed in Attachment ‘B’, and any subsequent revisions and updates.

C. All proposals must be signed with the firm’s name and by an authorized signer of the firm.

Obligations assumed by such signature must be fulfilled.

D. Alternate proposals will not be considered unless they are specifically called for in this solicitation.

E. From the issue date of this solicitation packet until a selection decision is made, no unauthorized contact related to this solicitation will be allowed between a Bidder, their employees or subcontractors and any elected or appointed officials, City Manager or any City staff, with the exception of the Procurement Services Department. Any unauthorized contact will disqualify the

Bidder from further consideration.

F. Any protest shall be in accordance with St. Cloud Procurement Policy.

G. The selected Bidder agrees to provide, within ten (10) calendar days from the notice of award, insurance requirements in accordance to the requirements in the terms and conditions specified in section 1.7. All policies shall be subject to approval by the City of St. Cloud, and issued by companies authorized by the State of Florida’s Department of Insurance to conduct business in the State of Florida.

H. The selected Bidder agrees that it and its subcontractors have a Drug-Free Workplace Program that complies with Florida §§ 287.087. Refer to required forms.

I. The selected Bidder shall submit only one proposal/bid in response to this solicitation packet, and shall have no financial interest in other entities submitted proposals/bid responses for the same solicitation packet.

J. Neither the selected Bidder, nor its affiliates, nor anyone associated with them shall have any potential conflict interest due to any other clients, contracts, business relationships or property interests for this solicitation packet’s scope of work.

K. No member of the selected Bidder’s ownership, management, or staff shall have a vested interest in any of the City, nor any business or other relationship with any of the City’s employees, officers, directors, or elected officials that create a conflict of interest or the appearance of a conflict of interest. All Bidders/Proposers must disclose with their Bid/ Proposal the name of any officer, director, or agent, who is also an employee of the City. Further, all

Bidders/Proposers must disclose the name of any City employee who owns, directly or indirectly, any interest in the Bidder’s/Proposer’s firm or any of its branches. The Award hereunder is subject to provisions of State Statutes and City Ordinance.

L. No member of the selected Bidder’s ownership or management is presently applying for an employee position or actively seeking an appointment with the City.

M. The selected Bidder, or authorized signatory, shall provide written notice to the City in the event that a conflict of interest is identified at any time.

4.3. REQUEST FOR ADDITIONAL INFORMATION

The respondent shall furnish such additional information as the City of St. Cloud may reasonably require.

This includes information which indicates financial resources as well as ability to provide the services.

The City reserves the right to make investigations of the qualifications of the respondent as it deems appropriate, including but not limited to, a background investigation.

4.4. ECONOMY OF PREPARATION

Submittals should be prepared simply and economically, providing a straightforward, concise description of the respondent’s ability to fulfill the requirements.

4.5. PROPRIETARY INFORMATION

In accordance with Chapter 119 of the Florida Statutes (Public Record Law) and except as may be provided by other applicable State and Federal Law, all respondents should be aware that the Request for Qualifications and the responses are in the public domain. However, the respondents are requested to identify specifically any information contained in their submittals which they consider confidential and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All proposals received from respondents in response to this Request for Qualifications will become the property of the City of St. Cloud and will not be returned to the respondents. In the event of award, all documentation produced as part of the contract will become the exclusive property of the City, unless otherwise specified in the contract.

4.6. STATEMENT OF NO RESPONSE

The City of St. Cloud Procurement Services Department is committed to continuously improving its processes to receive maximum participation from the industry/market. The City is requesting that firms and individuals, who do not wish to bid on this RFQ, complete the No Response Form under

#ATTACHMENTS and send to purchasing@stcloud.org briefly explaining their “no response” decision.

This will help to improve the solicitation process and any future communications.

4.7. GENERAL INFORMATION

Bidders shall prepare Proposals in accordance with the requirements of these Instructions to Bidders.

Not preparing a Proposal, in accordance with such instructions, implies that the Bidder does not…