RFP_17180084P-TG_Agent_for_Voluntary_Benefits_Final_Version_CLO_3-11-18.pdf

REQUEST FOR PROPOSAL (RFP) & PROPOSAL ACKNOWLEDGEMENT

POSTING DATE: March 12, 2018 PURCHASING CONTACT & TELEPHONE:

Tim Gibney, Sr. Purchasing Agent 407-320-0149 Gibneytz@scps.k12.fl.us

RFP NUMBER & TITLE:

#17180084P-TG

Insurance Agent/Broker Services – Group Employee Voluntary Benefit Program

RFP DUE DATE & TIME:

April 10, 2018 at 3:00 P.M.

NOTE: RFPS RECEIVED AFTER THE RFP DUE DATE AND TIME WILL NOT BE ACCEPTED.

PRE-PROPOSAL CONFERENCE: : March 15, 2018; 1:00 PM, at the Educational Support Center, 400 East Lake Mary Blvd., Sanford, Florida 32773, Conference Room #224. A conference bridge is available for participants who choose not to attend.

Phone: 888-270-9936; Access Code: 7227591#.

The School Board of Seminole County, Florida, solicits your company to submit a proposal on the above referenced goods or services. All terms, specifications and conditions set forth in this solicitation are incorporated by this reference into your response. A Proposal will not be accepted unless all conditions have been met. All Proposals must have an authorized signature in the space provided below. All Proposals must be sealed and received in The School Board of Seminole County Florida Purchasing Office at 400 East Lake Mary Boulevard, Sanford, Florida, by the “RFP Due Date & Time” referenced above. All envelopes containing sealed proposal must reference the “RFP Title”, “RFP Number” and the “RFP Due Date & Time”. The School Board is not responsible for lost or late delivery of proposals by the U.S.

Postal Services or other delivery services used by the Proposer. NOTE: BIDS SENT VIA U.S. MAIL TO THIS ADDRESS ARE DELIVERED TO A PO BOX AND MAY DELAY DELIVERY TO THE PURCHASING DEPARTMENT UP TO 2 DAYS.

PLEASE PLAN FOR THIS DELAY IF USING THE U.S. POSTAL SERVICE. Proposals may not be withdrawn for a period of sixty (60) days after the RFP due date unless otherwise specified.

THE FOLLOWING MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF YOUR PROPOSAL.

PROPOSALS WILL NOT BE ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED AGENT OF THE

PROPOSER.

LEGAL COMPANY NAME (AS REGISTERED IN WWW.SUNBIZ.ORG OR AS REGISTERED IN YOUR STATE):

MAILING ADDRESS: _______________________________________________________________________________________________________

CITY, STATE, ZIP: _________________________________________________________________________________________________________

FEDERAL EMPLOYER’S IDENTIFICATION NUMBER (FEIN): ______________________________________________________________________

TELEPHONE NUMBER: _______________________________________ FACSIMILE NUMBER: _________________________________________

I CERTIFY THAT THIS PROPOSAL IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR CONNECTION WITH ANY OTHER PROPOSER SUBMITTING A PROPOSAL FOR THE SAME MATERIALS, SUPPLIES, EQUIPMENT OR SERVICES, AND IS IN ALL RESPECTS FAIR AND WITHOUT COLLUSION OR FRAUD. I AGREE TO ABIDE TO ALL CONDITIONS OF THIS RFP AND CERTIFY THAT I AM AUTHORIZED TO SIGN THIS RFP FOR THE PROPOSER.

TYPED OR

AUTHORIZED SIGNATURE: ___________________________________ PRINTED NAME: _____________________________________________

TITLE: ____________________________________________________ DATE: ______________________________________________________

EMAIL: __________________________________________________________________________________________________________________

THE SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA

PURCHASING AND DISTRIBUTION SERVICES DEPARTMENT

400 E. Lake Mary Boulevard

Sanford, FL 32773-7127 mailto:Gibneytz@scps.k12.fl.us

17180084P-TG

(Rev. 1/2018)

GENERAL PURCHASING TERMS AND CONDITIONS

***Please Read Carefully***

These general terms will apply to all purchases by the District as a result of an award hereunder. In the event of a conflict between this section and subsequent sections herein, the provisions of any subsequent sections shall be specific to the goods or services requested and shall have precedence. The titles used are for convenience only; the Proposer is responsible for understanding and complying with all terms and conditions herein.

1. DEFINITIONS.

A. The School Board of Seminole County Florida may be referred to as the “Board”, “School Board” or “SBSC” herein. The School Board of Seminole County Florida is also known as “Seminole County Public Schools” (SCPS).

B. The term “Proposer” shall refer to the company, individual, or organization that responded to this solicitation.

C. The term “Contractor” shall refer to any successful awardees hereunder.

2. DISTRICT DEMOGRAPHICS. The School Board of Seminole County Florida (SBSC) has approximately 10,000 employees and over 67,000 students. The District currently operates a total of 78 schools and ancillary facilities.

3. CONTACT / LOBBYING. All questions for additional information regarding this RFP must be directed to the designated Buyer noted on page one. Prospective Proposers, their employees, agents or representatives shall not contact nor lobby any member of the Seminole County School Board, Superintendent, members of the Evaluation Committee, or staff regarding this RFP prior to posting of the final tabulation and award recommendation on the website. Any such contact shall be cause for disqualification and rejection of your proposal.

4. CONFLICT OF INTEREST. Proposer is subject to the provisions of Chapter 112 Florida Statutes. The Proposer must disclose with their response the name of any company owner, officer, director, agent or representative who is also an employee of the School Board or their immediate family which owns any interest of any amount in the Proposer’s company, partnership, or agency.

5. POSTING OF RFP CONDITIONS/SPECIFICATIONS. This RFP will be posted for review by interested parties on the DemandStar and VendorLink websites and these links can be located on the District’s website: “http://www.scps.k12.fl.us/purchasing/BidViewer.aspx” and will remain posted up to and including the Due Date of this RFP. In accordance with Florida Statutes 120.57(3), with respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. Failure to file a specification protest within the time prescribed in Florida Statutes 120.57(3) will constitute a waiver of proceeding under Chapter 120, Florida Statutes.

6. ADDENDA, CLARIFICATIONS & INTERPRETATIONS.

A. Any questions concerning terms, conditions or specifications will be directed to the designated Buyer referenced on the Proposer’s Acknowledgement. Any ambiguities or inconsistencies shall be brought to the attention of the designated Buyer in writing at least ten (10) workdays prior to the due date of the RFP. Failure to do so, on the part of the Proposer will constitute an acceptance by the Proposer of any consequent decision.

B. An addendum to the RFP shall be issued and posted for those interpretations that may affect the eventual outcome of this RFP. It is the Proposer’s responsibility to assure http://www.scps.k12.fl.us/purchasing/BidViewer.aspx

RFP 17180084P-TG

the receipt of all addendum issued. No person is authorized to give oral interpretations of, or make oral changes to the RFP. Therefore oral statements given before the RFP due date will not be binding. The School Board will consider no interpretations binding unless provided for by issuance of an addendum. Addenda will be posted to the School Board website “http://www.scps.k12.fl.us/purchasing/BidViewer.aspx” at least five workdays prior to the due date. The Proposer shall acknowledge receipt of all addenda by signing and enclosing said addenda with their proposal.

C. The School Board reserves the right to allow for clarification of questionable entries, and for the Proposer to withdraw items with obvious mistakes.

7. RFP OPENING AND FORM. RFP openings will be public on the date and time specified on the Proposer’s Acknowledgment form. All RFPs received after the time indicated will be rejected as non-responsive and returned unopened to sender. It is the Proposer’s sole responsibility to ensure their RFPs are received timely; SBSC is not responsible for late or missed delivery by third party delivery services. RFPs by Email, fax, telegram, or verbally by telephone or in person will not be accepted. The public opening will acknowledge receipt of the RFPs only, details concerning pricing or the offering will not be announced.

8. SOLICITATION DOCUMENTATION & PUBLIC RECORDS. Meetings involving Oral Presentations by Proposers or negotiations are closed to the Public. Responses to this solicitation, and recordings of oral presentations or negotiations shall become “public records” upon award recommendation or thirty (30) days after the solicitation due date, whichever is earlier and shall be subject to public disclosure consistent with Chapter 119 Florida Statutes.

Proposers must invoke the exemptions to disclosure provided by law in response to this solicitation, and must identify the data and other material to be protected, and must state the reasons why such exclusion from public disclosure is necessary.

9. SOLICITATION CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL.

A. Public Record. All responses received in response to this solicitation shall be considered a public record pursuant to Chapter 119 Florida Statutes.

B. Redacted Copies. If the Proposer considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119 Florida Statutes, the Florida Constitution or other authority, the Proposer must also simultaneously provide the School Board with a separate redacted hard copy and electronic copy of its response.

1) The redacted copies shall contain the School Board’s solicitation name, number, and the name of Proposer on the cover, and shall be clearly titled “Redacted Copy.” The Redacted Copies shall be provided to the School Board at the same time Proposer submits its response to the solicitation and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret.

2) Proposer shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure. Further, Proposer shall protect, defend and indemnify the School Board for any and all claims from or relating to Proposers determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure.

3) If the Proposer fails to submit Redacted Copies with its response, the Department is authorized to produce the entire documents, data or records submitted by Proposer in response to a public records request for these records.

C. Public Meetings/Evaluations. All evaluations of solicitations are subject to discussion at public meetings. If during the course of the evaluation, pertinent facts cannot be disclosed or discussed in a public forum due to the Proposer’s designating such materials as confidential, the Proposer’s bid may be deemed non-responsive and rejected from further consideration of award and any rights to protest is thereby waived.

http://www.scps.k12.fl.us/purchasing/BidViewer.aspx

10. RFP TABULATIONS, RECOMMENDATIONS, AND PROTEST. RFP Tabulations with award recommendations are posted to the Purchasing and Distribution Services’ website at https://www.scps.k12.fl.us/district/departments/purchasing/comp-solicitations-contracts/ .

Failure to file a protest within the time prescribed in Section 120.57(3) Florida Statutes will constitute a waiver of proceedings under Chapter 120, Florida Statutes and School Board Rules. RFP tabulations or recommendations are available through the District’s website and notices will not be mailed. SBSC Policy # 7.71 Resolution of RFP Protest may be found online at https://www.scps.k12.fl.us/district/school-board/policies-procedures/

11. RFP PREPARATION COSTS. Neither the School Board nor its representatives shall be liable for any expenses incurred in connection with the preparation of a response to this RFP.

12. PRICING / TAXES. All pricing shall be based on FOB Seminole County Florida and will include all packaging, handling, shipping charges, and delivery to any point within Seminole County Florida to a secure area or inside delivery. The School Board is exempt and does not pay Federal Excise and State of Florida sales taxes.

13. TERMS OF PAYMENT / INVOICING. The normal terms of payment will be Net 30 Days from receipt and acceptance of goods or services and Contractor’s invoice. Itemized invoices bearing the Purchase Order Number must be mailed on the day of shipment. Invoicing subject to cash discounts will be mailed on the day that they are dated.

14. WARRANTY. All goods and services furnished by the Contractor, relating to and pursuant to this RFP will be warranted to be free of defects, meet or exceed the Specifications contained herein, and fit for the intended use. In the event of breach, the Contractor will take all necessary action, at Contractor s expense, to correct such breach in the most expeditious manner possible.

15. INDEMNIFICATION. The Contractor agrees to indemnify and save harmless the School Board, its officers, agents and employees from and against any and all claims and liabilities (including expenses) for injury or death of persons or damage to any property which may result, in whole or in part, from any act or omission on the part of the Contractor, its agents, employees, or representatives, or are arising from any Contractor furnished goods or services, except to the extent that such damage is directly and solely due to the negligence of the School Board.

16. SOVEREIGN IMMUNITIY / LIMITED LIABILITY. Notwithstanding any provision herein or attached hereto, nothing shall be construed as a waiver of SBSC’s rights and sovereign immunities under Florida Statutes. SBSC damages shall be limited in accordance and to the extent allowed by §768.28 Florida Statute.

17. LAWS AND REGULATIONS. Contractors will comply with all applicable Federal, State and Local laws, statutes and ordinances including, but not limited to the rules, regulations and standards of the Occupational Safety and Health Act of 1970, the Federal Contract Work Hours and Safety Standards Act, and the rules and regulations promulgated under these Acts. Contractors agree not to discriminate against any employee or applicant for employment because of race, sex, religion, color, age or national origin. Lack of knowledge of applicable laws, statutes and ordinances by the Proposer shall not constitute a cognizable defense against actual or potential damages caused thereby.

18. GOVERNING LAW & VENUE. All agreements as a result of an award hereto and all extensions and modifications thereto and all questions relating to its validity, interpretation, performance or enforcement shall be governed and construed in conformance to the laws of the State of Florida. In the event of a legal proceeding, the venue for state court shall be in Seminole County Florida or for federal court be United States District Court, Middle District of Florida, Orlando Division.

https://www.scps.k12.fl.us/district/departments/purchasing/comp-solicitations-contracts/ https://www.scps.k12.fl.us/district/school-board/policies-procedures/

19. CONTRACTOR’S EMPLOYEE BACKGROUND CHECK. All service provider employees that require access to school campuses must be cleared by SBSC or an appropriate agency and wear a current and appropriate picture identification badge. Contractors hereunder shall comply with the required background check of employees as may be applicable and failure to comply shall be considered a material breach of contract.

A. Clearance by SBSC: Contractor will comply with the requirements of the Jessica

Lunsford Act §1012.465 Florida Statute in regards to fingerprinting and level 2 background screenings of all applicable employees and any subcontractor employees.

Refer to http://www.scps.k12.fl.us/Portals/0/assets/pdf/frontpage/JLAct.pdf for SBSC for Background Check Requirements

B. Clearance by Others: Pursuant to §1012.468 Florida Statute, Contractor employee have been cleared by another agency and must already possess a uniform statewide identification badge issued by the agency.

20. CONTRACTOR’S PUBLIC RECORDS. Pursuant to §119.0701 Florida Statutes, “Contractors” as defined by statute that enter into a contract for services with the School Board and is acting on behalf of the School Board is required to comply with public records laws and to specifically:

A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service.

B. Provide the public with access to public records on the same terms and conditions that the School Board would provide the records and at a cost that does not exceed the cost provided by statute or as otherwise provided by law.

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

D. Meet all requirements for retaining public records and transfer, at no cost, to the School Board 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 School Board in a format that is compatible with the information technology systems of the School Board.

E. If a contractor does not comply with a public records request, the School Board shall enforce the contract provisions which may include immediate termination of contract.

F. IF THE CONTRACTOR HAS QUESTIONS REGARDING

THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING TO THIS CONTRACT,

CONTACT THE CUSTODIAN OF PUBLIC RECORDS,

CAROLYN BEDSOLE, IS PROJECT MANAGER AT 407-

320-0466, carolyn_bedsole@scps.k12.fl.us, THE SCHOOL

BOARD OF SEMINOLE COUNTY, FLORIDA, 400 EAST

LAKE MARY BLVD., SANFORD, FLORIDA 32773.

21. PATENTS, COPYRIGHTS & ROYALTIES. Contractors agree to indemnify and save harmless the School Board, its officers, employees, agents, or representatives from liability of any nature or kind, including cost and expenses for or on account of copyrighted, patented or un-patented invention, process or article of manufactured or used in the performance of the contract award hereunder. If the Contractor uses any software design, device or materials covered by royalties or cost arising from the use of such design, device or material in any way involved in the product or services shall be included in the price proposal of the Contractor.

22. PERMITS/LICENSES/FEES. Any permits, licenses, or fees required will be the responsibility of the successful Contractor; no separate or additional payment will be made. A copy of these licenses and permits shall be submitted to the Buyer prior to commencement of work. If http://www.scps.k12.fl.us/Portals/0/assets/pdf/frontpage/JLAct.pdf mailto:carolyn_bedsole@scps.k12.fl.us the service(s) being provided requires that individuals or organizations be licensed by the Florida Department of Business and Professional Regulation or any other state or federal agency, such license(s) should be obtained by the RFP due date and time. For state licensing, contact the Florida Department of Business and Professional Regulation, Tallahassee, FL 32399-0797, Phone 850.487.9501.

23. TERMINATION.

A. DEFAULT. The School Board may terminate all or any part of a subsequent award by giving notice of default to Contractor, if Contractor: refuses or fails to deliver the goods or services within the time specified; fails to comply with any of the provisions of this RFP, or so fails to make progress as to endanger performances, hereunder, or;

1) Becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency, or relief of debtors. In the event of termination for default, the School Board’s liability will be limited to the payment for goods and services delivered and accepted as of the date of termination.

B. CONVENIENCE. The School Board may terminate for its convenience at any time, in whole or in part any subsequent award. In which event of termination for convenience, the School Board’s sole obligations will be to reimburse Contractor for:

1) Those goods or services actually shipped / performed and accepted up to the date of termination, and

2) Costs incurred by Contractor for unfinished goods, which are specifically manufactured for the School Board and which are not standard products of the Contractor, as of the date of termination, and a reasonable profit thereon.

3) The School Board is not responsible for loss of anticipated profit. Any reimbursements made by the School Board shall not exceed the RFP value.

C. FUNDING. Contracts awarded hereunder are subject to the appropriation and availability of funds as approved by the School Board of Seminole County Florida. In the event funding for the specific purpose of this solicitation is not funded or such funds are insufficient, the contract may be terminated immediately without penalty.

24. STOP WORK ORDER. The School Board may at any time by written notice to the Contractor stop all or any part of the work for this RFP award. Upon receiving such notice, the Contractor will take all reasonable steps to minimize additional costs during the period of work stoppage.

The School Board may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the price, or terminate the work in accordance with the provisions of the RFP terms and conditions.

25. PERFORMANCE. In an effort to reduce the cost of doing business with the School Board, and unless indicated elsewhere a bid or performance bond may not be required. However, upon award and subsequent default by Contractor, the School Board reserves the right to pursue any or all of the following remedies:

A. To accept the next lowest available RFP price or to purchase materials or services on the open market, and to charge the original award the difference in cost via a deduction to any outstanding or future obligations;

B. The Contractor in default will be barred for consideration of future RFP awards for a period of time determined by the severity of the default, but not exceeding two years.

C. Any other remedy available to the School Board in tort or law.

26. LIQUIDATED DAMAGES RECOVERY. The Proposer agrees to the use of Liquidated Damages Recovery in the event Proposer fails to perform in accordance with the provisions herein. On the occasion where the Proposer has been found to be in default of contract, or any material provision thereof, or fails to remedy any deficiency in performance, SBSC may procure the necessary supplies or services from an alternative source and hold the Proposer financially responsible for any excess costs incurred. The difference between the proposal price of the product or service and the actual price paid may be deducted from any current or future obligations owed to the Proposer. In addition, default will result in termination of contract and a prohibition against future business with SBSC for a term of not less than two years.

27. FORCE MAJEURE. Neither party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of either party, and which cannot be overcome by reasonable diligence and without unusual expense (“Force Majeure”). In no event shall a lack of funds on the part of either party be deemed Force Majeure.

28. PAYMENT ASSIGNMENT. Any purchase order or contract issued pursuant to an award hereunder, and the monies that may become due are not assignable except with the prior written approval of the School Board, through the Purchasing and Distribution Services Department.

29. AUDIT AND INSPECTION. The School Board or its representative reserves the right to inspect and/or audit all the Contractor's documents and records as they pertain to the products and services delivered under this agreement. Such rights will be exercised with notice to the Contractor to determine compliance with and performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this agreement. Documents / records in any form shall be open to the Board's representative and may include but are not limited to all correspondence, ordering, payment, inspection, and receiving records, contracts or sub-contracts that directly or indirectly pertain to the transactions between the Board and the Contractor.

30. PUBLIC ENTITY CRIMES. A Proposer, person, or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a RFP on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit RFPs on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the dollar threshold amount provided in Florida Statute Section 287.017, for CATEGORY TWO, for a period of 36 months from the date of being placed on the convicted vendor list.

31. OTHER GOVERNMENT ENTITIES. Subject to the mutual consent of the parties, the pricing, terms and conditions of this RFP, for the products or services specified herein, may be extended to other municipal, city or county government agencies, school boards, community or junior colleges, or state universities within the State of Florida.

32. DRUG-FREE WORKPLACE. Whenever two or more RFPs are equal with respect to price, quality, and service, a RFP received from a business that certifies that it has implemented a drug-free workplace program as defined by Section 287.087 Florida Statutes, will be given preference in the award process. If the Contractor does not maintain a formal “Drug Free Workplace” or does not perform random drugs tests on its employees, then the Contractor’s employee must submit to a drug test by the School Board at an additional cost prior to working on the School Board account. Refer to ATTACHMENT B.

33. CONTINGENT FEE PROHIBITED. The Proposer warrants that they have not employed or retained any third party other than the Proposer’s employee or agent to solicit or secure an award hereunder and that they will not pay a fee, commission, percentage, gift or other consideration to a third party upon or resulting from the award hereunder. Violation shall constitute a breach of contract and termination of agreement and a deduction from any outstanding obligations for the full amount of the fee, commission, percentage, gift or consideration paid.

34. SUB-CONTRACTORS. The Proposer is responsible for performance and meeting all specifications and for the performance of any sub-contractors used in conjunction with an award hereunder. The Proposer must disclose the name(s) of any sub-contractor(s) used to satisfy performance herein and insure that the sub-contractors are qualified, insured, and that sub-contractors’ employees have security clearance and meet all requirements set forth herein.

35. INSURANCE. The Contractor will carry comprehensive general liability insurance, including contractual and product liability coverage, with minimum limits acceptable to the School Board. The Contractor will, at the request of the School Board, supply certificates evidencing such coverage. Additional insurance requirements may be specified herein.

36. AGREEMENT FORM. All subsequent agreements as a result of an award hereunder, shall incorporate all terms, conditions and specifications contained herein, and in response hereto, unless mutually amended in writing.

37. MINOR IRREGULARITIES: The School Board reserves the right to waive minor irregularities or technicalities in proposals, and in its sole discretion, request a clarification regarding a proposal(s), providing such action is in the best interest of the School Board. Minor irregularities are defined as those that have no adverse effect on the School Board’s best interests, and will not affect the outcome of the selection process by giving the respondent an advantage or benefit not enjoyed by other respondents.

38. REPORT OF UNSATISFACTORY PRODUCT AND/OR SERVICES. A ‘Report of

Unsatisfactory Product or Service’ form (Exhibit – 1) shall be utilized to document unsatisfactory performance during the term of this contract. The report may become an important part of the Contractor’s history. The report and process will assist the Purchasing and Distribution Services Department to determine whether there is a continuing pattern of problems which may need to be addressed through termination of contract and/or suspension of Contractor from future Bidding.

39. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. In accordance with Section 287.135 of the Florida Statutes, THE SCHOOL BOARD RESERVES

THE RIGHT TO REJECT ANY OR ALL OFFERS, TO WAIVE INFORMALITIES, AND TO

ACCEPT ALL OR ANY PART OF ANY OFFER AS MAY BE DEEMED TO BE IN THE BEST

INTEREST OF THE SCHOOL BOARD “A company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, is on the Scrutinized

Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the

Iran Petroleum Energy Sector List, created pursuant to s. 215.473, is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more.” Section 215.473 defines a company to include “all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations that exists for the purpose of making profit.” By submitting a response to this solicitation, a respondent certifies that it and those related entities of respondent as defined above by Florida law are not on the

Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with

Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473. Any respondent awarded a Contract as a result of this solicitation shall be required to recertify at each renewal of the Contract that that it and its related entities are not on the Scrutinized

Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the

Iran Petroleum Energy Sector List. The School Board may terminate any Contract resulting from this solicitation if respondent or a related entity as defined above is found to have submitted a false certification or been placed on the Scrutinized Companies with Activities in

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

List. Notwithstanding the preceding, the School Board reserves the right and may, in its sole discretion, on a case by case basis, permit a company on such lists to be eligible for, bid on, submit a proposal for, or enter into or renew a contract, should the School Board determine that the conditions set forth in Section 287.135(4) are met.

40. PROPOSAL ACCEPTANCE/REJECTION: The School Board reserves the right to accept or reject any or all proposals received as a result of this RFP, or to negotiate separately with competing respondents, and to waive any informalities, defects, or irregularities in any proposal, or to accept that proposal or proposals, which in the judgment of the proper officials, is in the best interest of the School Board.

41. AWARD: The School Board reserves the right to award the contract to the respondent(s) that the School Board deems to offer the best overall proposal(s). The School Board is therefore not bound to accept a proposal on the basis of lowest price. In addition, the School Board at its sole discretion, reserves the right to cancel this RFP, to reject any and all proposals, to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the School Board to do so. The School Board also reserves the right to make multiple awards, based on experience and qualifications if it is deemed to be in the School Board’s best interest. The District reserves the right to further negotiate any proposal, including price, with the highest rated respondent. If an agreement cannot be reached with the highest rated respondent, the District reserves the right to negotiate and recommend award to the next highest respondent or subsequent respondents until an agreement is reached.

***END OF GENERAL PURCHASING TERMS AND CONDITIONS***

I. PURPOSE.

A. INTRODUCTION

The School Board of Seminole County (SBSC) seeks an insurance agent/broker to provide innovative plan design, funding alternatives and effective health care choices for the SBSC’s voluntary benefit plans. Insurance agents and brokers licensed to do business in the State of Florida are invited to submit proposals to provide services for the following:

1. Dental - Sun Life Financial Dental “DM225” and two (2) “Freedom Preferred” Plans

2. Vision – United Healthcare

3. Cancer Security – Colonial Life

4. Accident – Colonial Life

5. Hospital Indemnity Protection – Colonial Life

6. Short Term Disability – Cigna

7. Long Term Disability – Cigna

8. Long Term Care – Unum

9. Flexible Spending Accounts/ Medical & Dependent Day Care – MyCafeteria Plan

10. COBRA-Discovery Benefits, Inc.

11. Additional optional Voluntary Benefits Plans may be added during the term of this contract.

B. OVERVIEW AND BACKGROUND

The successful Respondent will become the Agent of Record for SBSC and assume all support responsibilities for existing voluntary products effective July 1, 2018, and start receiving commissions the month following execution of the contract. The successful Respondent will seek competitive proposals for its Group and Individual Employee Voluntary Benefit Insurance Program for plan year starting January 1, 2020. The successful Respondent will assist with annual enrollment starting in October 2018 for the plan year effective January 2019.

SBSC currently uses an online benefit enrollment system contracted through PeopleSoft. In addition to annual enrollment, SBSC hires an average of 600 new employees annually. All new employees complete their onboarding online, as well as make their benefit elections through PeopleSoft Employee Self-Serve Module. As a result, effective communication through PeopleSoft is vital to educating our employees on what voluntary plans we offer.

All voluntary products are solely paid by the employee. Any marketing efforts for voluntary benefits are restricted to the annual enrollment cycle and must be coordinated through the Benefits and Insurance Services Department.

Respondents shall be strictly prohibited from any sales or marketing efforts regarding other insurance or alternative products, other than those specifically authorized by SBSC for its voluntary benefit program. Violations will result in termination of contract and forfeiture of any fees payable to SBSC.

Respondents that misrepresent their product during the course of sales will lead to termination of contract and possible reporting of such incidents to the Florida Office of Insurance Regulation.

Agents desiring to respond should have experience with entities the size of the SBSC and/or comparable Florida public entity. Agents must be licensed to do business in the State of Florida and the Florida Department of Insurance where applicable for products marketed.

II. SPECIAL TERMS AND CONDITIONS

1. CONTRACT AWARD TERM.

Agent services will be effective for three years upon award by the School Board. The contract may be renewed an additional two year period upon agreement by both parties. Renewal will in part be dependent upon acceptability of cost, quality of service, provider stability, and market conditions.

A. Unless negotiated otherwise, providing services at the end of the current contract may overlap with the selection of a new Agent in which the contractor of record at the beginning of a plan year will continue support services for the remainder of the plan year in effect.

B. In the event a new agent is selected at the termination of the current contract, they will be responsible for the next Benefit Plan year effective January 1 and associated annual enrollment.

2. RFP SCHEDULE. Please see Attachment A, Tentative Timeline.

3. PRE-SOLICITATION MEETING. A voluntary pre-solicitation meeting will be held for all interested Respondents on March 15, 2018, 1:00 PM at the SCPS Educational Support Center, 400 E. Lake Mary Blvd, Sanford, FL 32773, Room #224. An overview of the solicitation process and review of scope of services will be conducted including a question and answer opportunity for the Proposers.

III. SCOPE OF WORK OR SERVICES.

The successful respondent shall provide a full range of services, including but not limited to innovative plan design, funding alternatives, risk identification, risk exposures, insurance placement, written analysis and recommendations, or other services as requested by SBSC or deemed necessary.

Some specific responsibilities include, but are not limited to the following:

1. Analyze the insurance needs of SBSC and provide written recommendations for changes where appropriate or dictated by changing market conditions and laws. Suggest alternative funding methods and plan changes to affect cost savings.

2. Provide SBSC with at least two dedicated employees who will be the district’s point of contact.

3. Provide customer service relative to all lines of voluntary coverage.

4. Address edits related to census files transmitted to carriers.

5. Provide annual enrollment verification related to product enrollment.

6. Prepare, in consultation with the Coordinator of Human Resources, RFPs for bidding various lines of insurance. Review proposals and make recommendations to the Coordinator of Human

Resources and the Insurance Committee.

7. Negotiate renewal rates with current carriers and/or market group coverage to competing carriers.

8. Monitor performance of all plans and give quarterly reports to the SBSC’s administrative staff.

Proactively suggest products and services that would better serve the needs of SBSC. Develop and assist in the implementation of new insurance plans and employee benefit programs.

9. Attend weekly department meetings and monthly insurance committee meetings and present, as requested.

10. Provide a benefits plan performance review and analysis as compared to prior year’s data relative to claims and plan enrollment to the Insurance Committee annually.

11. Assist in SBSC’s employee annual enrollment to include, but not limited to: planning, educating and assisting in the implementation of annual enrollment. Provide assistance at pre-enrollment information sessions (which may include nights and weekends).

12. Provide funding for printed employee/retiree guidebooks (2 different books) for all employees and retirees (approximately 10,000 annually).

13. Represent the SBSC as requested in communications with all underwriters, claims adjusters, claimants, or other interested parties.

14. Work with carriers to validate content for the employee benefit guide and review all content of guidebook with SBSC before guide goes to print.

15. Act as liaison between benefit providers.

16. Review each insurance policy, binder, certificate or other insuring document and all endorsements affecting coverage and/or price, to ensure they are complete, correct, and in compliance.

17. Provide SBSC current electronic and printed insurance policies, certificates or other insuring documents.

18. Keep SBSC abreast of changes in statutory and regulatory changes.

19. Be available to SBSC for consultation as needed in performing obligations under this Agreement.

20. Perform claims mitigation for SBSC and for individual employees.

21. Assist with edits, audits and reconciliation of member eligibility.

22. Advise SBSC on insurance trends, insurance market conditions, financial stability of any insurance companies writing policies for the SBSC, or any other items having the potential to materially impact any insurance coverage carried by or claims processing services provided to SBSC.

23. Fund and manage through a third-party administrator, COBRA Administration and Section 125

Flexible Spending Account Administration-Medical and Dependent Day Care.

24. Update and prepare Section 125 Plan Documents to ensure compliance with regulatory requirements at no additional cost to SBSC.

25. NOTE: The SBSC Benefit Guide Book can be found at:

https://www.scps.k12.fl.us/district/departments/benefits-insurance-services/

IV. REMUNERATION

1. The Respondent will be entitled to commissions and/or fees for the insurance products authorized to be marketed on behalf of SBSC. The Agent will provide the various administrative functions internally or sub-contracted through a third party administrator to process claims or provides account administration at no additional cost to SBSC.

2. The Respondent selected to market voluntary benefits will be given rights to commissions from such programs only while the firm is under contract with the School Board, with such rights to future commissions being given to succeeding firms. Proposers are expected to agree with this premise and to cooperate in requiring voluntary benefits insurers to honor this desire.

V. EVALUATION CRITERIA AND AWARD. The recommendation of the Evaluation

Committee is advisory only and shall be submitted to the superintendent for review and recommendation for action to the School Board of Seminole County, Florida. The Superintendent reserves the right to recommend that all submittals be rejected and a new RFP be issued or to submit such other recommendation to the School Board that the Superintendent deems to be in the best interest of the School Board.

In accordance with Florida Statute 286.0113, the oral interviews, presentations, and evaluation committee meetings will be exempt from the public meeting requirement (F.S. 286.011) in cases where the following activities occur:

1. Any portion of a meeting at which a negotiation with a vendor is conducted pursuant to a competitive solicitation, at which a vendor makes an oral presentation as part of a competitive solicitation, or at which a vendor answers questions as part of a competitive solicitation is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.

2. Any portion of a team meeting at which negotiation strategies are discussed is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.

3. A complete recording shall be made of any portion of an exempt meeting. No portion of the exempt meeting may be held off the record.

4. The recording of, and any records presented at, the exempt meeting are exempt from s.

119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever occurs earlier.

1. SCORING THE PROPOSALS.

A. The Evaluation Committee shall consist of a representative of the Business Advisory

Committee, a School Board Member, and six (6) members of the Evaluation Committee who will score the responses. The Purchasing Department will facilitate the process and be the point of contact for all issues. No attempt should be made by Proposers to contact or influence any committee member directly or indirectly. The Evaluation Committee shall score the entire process.

B. MANDATORY PROPOSER REQUIREMENTS (Pass/Fail) The Agent/Broker of Record position is responsible for representing SBSC as needed in all insurance related actions described above. The Agent/Broker Services should serve as a resource to provide SBSC with the most up to date knowledge of federal and state legislation regarding insurance. The Agent/Broker will offer full disclosure of any and all corporate relationships, fees, and commissions.

1. The proposer must either have (or provide when awarded) a local office for the purposes of accessibility and availability to SBSC. The object of this requirement is to have support personnel in the area for prompt attention and service to SBSC and its employees.

2. The proposer must provide a copy of their State of Florida Insurance License and

State Business License with their response to be included in TAB #7.

3. The proposer and all staff assigned to SBSC’s account shall possess and keep in force all Florida licenses and permits required to perform the services of this Agreement.

4. The proposer must have acted as a full-service agent/broker for a Florida school district and/or government entity for at least two (2) consecutive years within the past five (5) years and have expertise and training in the fields of group life, health and related insurance programs.

5. The proposer must be fully HIPAA compliant and their employees must be trained in the requirements of the HIPAA laws and must agree to sign SBSC’s Business Associate Agreement (BAA) upon implementation of contract with SBSC.

6. Proposer must be willing and able to conduct business with all of the SBSC’s existing carriers. As the need arises, SBSC would consider other carriers that would benefit SBSC and its members.

C. For the remainder of the Written Requirements, each Tab will be scored with a weighted value, however, should the Mandatory requirements not be met the solicitation evaluation shall not proceed and the proposal shall be considered non-responsive.

D. An adjectival scoring system shall be applied throughout the evaluation process for the evaluation of the written responses and the oral presentation/informal interviews. A score of 0 is the least favorable and a score of 4 is the most favorable in all sections.

E. The Respondent’s response will be scored by Evaluation Committee members in accordance with the following scale:

0 = Unsatisfactory: Not responsive to the question.

1 = Below Minimum Standards: Responsive to the question but below acceptable standards.

2 = Marginal: Minimal acceptable performance standards and responsive to the question.

3 = Satisfactory: Above minimum performance, Effective and Responsive to the question.

4 = Exceeds Expectations for effectiveness and responsiveness to the question.

NOTE: The Evaluation Committee member’s score will be multiplied by the “weighted value” assigned to the different sections listed here, resulting in the total score for that section.

2. CRITERIA AND WEIGHTS. The weight for each criterion is indicated in parenthesis for each section and is the multiplier that will be applied to the scoring as indicated in 1. B. and 1.C.

above.

VI. WRITTEN SUBMITTAL REQUIREMENTS.

One (1) original, six (6) copies, and one (1) electronic version (CD or thumb drive) of your response should be delivered to the Purchasing & Distribution Services Department, 400 E. Lake Mary Blvd, Sanford, FL 32773-7127 to be received no later than 3:00 pm, April 10, 2018. Each response shall be organized and presented in the following sequence and will include the following as a minimum:

QUESTIONNAIRE AND RESPONSE

Each response shall be organized and presented in the following sequence and will include the following as a minimum:

Table of Contents Clearly outline and identify the material and responses by the tab and page number. Outline in sequential order the major areas of the responses, including enclosures. Tabs should be used to separate each tabbed section. All pages must be consecutively numbered and correspond to the table of contents.

Tab 1 – Respondent’s Profile and Submittal Letter – (Non-Scored) RFP Submittal Letter signed by authorized agent of the business/corporation with proof of authorization from business

A brief profile of the firm, including:

A. A brief history of the business B. Organizational structure of business C. Ownership interests D. Active business venues (counties, states, etc.)

E. Present status and projected direction of business F. Designation of the legal entity by which the business operates and documentation from the appropriate state’s agency confirming firm’s legal entity type (i.e. sole proprietorship, partnership, limited liability partnership, corporation, Limited Liability Corporation, etc.).

For non-Florida businesses submit documentation from the state in which the business was formed and documentation from the State of Florida providing authorization to perform business in the state of Florida

G. A confirmation of your company’s understanding of the requirements/scope of services/specifications of this formal solicitation and familiarity and interest in performing the specified insurance agent/broker services

H. Provide all names, titles, addresses, telephone numbers (including facsimile numbers), and e-mail addresses.

Tab 2 – Firm Qualifications (Weighted Value: 25) Indicate the firm’s background in providing these services to governmental entities. If you intend to subcontract some of the proposed work to another firm, similar information should be provided for each subcontractor/sub consultant. The proposer must be provide information related to the agent/brokerage firm qualifications and resources including the following:

A.