RFP_21-057-DP.pdf

Board of County Commissioners County Administrator

Dave Kerner, Mayor Verdenia C. Baker Robert S. Weinroth, Vice Mayor Maria G. Marino Greg K. Weiss Maria Sachs Melissa McKinlay Purchasing Department Mack Bernard www.pbcgov.com/purchasing

REQUEST FOR PROPOSAL

RFP NO. 21-057/DP

Palm Beach County Board of County Commissioners and Risk Management are seeking Proposals for:

Long Term and Short Term Disability Insurance

Date issued/available for distribution: June 28, 2021

Proposer shall submit one (1) unbound original, nine (9) bound copies, three (3) electronic copies on a thumb drive: one (1) with all signatures pages in pdf format and two (2) in Word and Excel format of the complete proposal to be received in the Offices of the Purchasing Department no later than July 28, 2021, 4:00 p.m. local time. See Section 1.9 of the RFP for Mailing Instructions.

ENVELOPE MUST BE IDENTIFIED WITH THE

DEADLINE DATE FOR THE RECEIPT OF PROPOSALS

AND THE RFP NUMBER.

C A U T I O N In order to do business with Palm Beach County vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. If proposer intends to use subcontractors, proposer must also ensure that all subcontractors are registered as vendors in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. County will not finalize a contract award until a contractor has verified that the contractor and all of its subcontractors are registered in VSS. As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on our VSS system.

Palm Beach County shall not be responsible for the completeness of any Request for Proposal package not downloaded from our VSS system or obtained directly from Palm Beach County Purchasing Department.

IN ACCORDANCE WITH THE PROVISIONS OF ADA, THIS DOCUMENT MAY BE

REQUESTED IN AN ALTERNATE FORMAT

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService i

TABLE OF CONTENTS

SECTION PAGE

SECTION 1 GENERAL INFORMATION

1.1 ISSUING OFFICE

1.2 PURPOSE OF THE PROJECT

1.3 BACKGROUND

1.4 PERIOD OF CONTRACT

1.5 PARTICIPATION REQUIREMENTS

1.6 COMMISSIONS

1.7 QUALIFICATION OF RESPONDENTS

1.8 TIMETABLE

1.9 PROPOSAL SUBMISSION

1.10 CONTACT PERSON

1.11 CONE OF SILENCE

1.12 ADDITIONAL INFORMATION/AMENDMENT(S)

SECTION 2 GENERAL TERMS AND CONDITIONS

2.1 PROPOSAL GUARANTEE

2.2 MODIFIED PROPOSALS

2.3 WITHDRAWAL OF PROPOSALS

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

2.5 RFP POSTPONEMENT/CANCELLATION

2.6 COSTS INCURRED BY PROPOSERS

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

2.8 NEGOTIATIONS

2.9 RIGHT TO PROTEST

2.10 SMALL/MINORITY/WOMEN BUSINESS ENTERPRISE (S/M/WBE) / EBO

REQUIREMENTS

2.11 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL

AUDIT REQUIREMENTS

2.12 RULES; REGULATIONS; LICENSING REQUIREMENTS

2.13 CRIMINAL HISTORY RECORDS CHECK

2.14 REVIEW OF PROPOSALS

2.15 EXCEPTIONS TO THE RFP

2.16 SELECTION PROCESS

2.17 EVALUATION CRITERIA

2.18 AWARD OF CONTRACT

2.19 DISCLOSURE OF OWNERSHIP INTERESTS

2.20 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

2.21 COMMENCEMENT OF WORK

2.22 INSURANCE REQUIREMENTS

2.23 DRUG FREE WORKPLACE CERTIFICATION

2.24 AUTHORIZED SIGNATURE

ii

TABLE OF CONTENTS

(continued)

SECTION PAGE

SECTION 3 PROPOSAL REQUIREMENTS

3.1 QUESTIONNAIRE / REFERENCES

3.2 BUSINESS LOCATION / LOCAL PREFERENCE

3.3 COMMERCIAL NON-DISCRIMINATION

3.4 PRICE PROPOSAL INFORMATION

3.5 BUSINESS INFORMATION

3.6 AMENDMENTS TO THE RFP

3.7 ADDITIONAL INFORMATION

SECTION 4 SCOPE OF WORK/SERVICES

SECTION 5 ATTACHMENTS

ATTACHMENT 1 - SAMPLE STANDARD CONTRACT

ATTACHMENT 2 - CENSUS INFORMATION 2021

ATTACHMENT 3 - CERTIFICATE OF GROUP LONG TERM

DISABILITY INSURANCE (CLASS 1 & 2)

ATTACHMENT 4 - CERTIFICATE OF GROUP SHORT TERM

DISABILITY INSURANCE

ATTACHMENT 5 - LOSS RUNS – LONG TERM AND SHORT TERM

DISABILITY 2018 - 2020

SECTION 6 APPENDICES

APPENDIX A - QUESTIONNAIRE

APPENDIX B1 - LONG TERM DISABILITY PRICE

PROPOSAL PAGES

APPENDIX B2 - SHORT TERM DISABILITY PRICE

PROPOSAL PAGES

APPENDIX C - BUSINESS INFORMATION

APPENDIX D - OEBO SCHEDULES 1, 2, 3(A), 4

APPENDIX E - CERTIFICATION OF BUSINESS LOCATION

APPENDIX F - DRUG FREE WORKPLACE CERTIFICATION

APPENDIX G - DISCLOSURE OF OWNERSHIP INTERESTS

SECTION 1

GENERAL INFORMATION

1.1 ISSUING OFFICE

This Request for Proposal (RFP) is issued for the County of Palm Beach, hereinafter referred to as “County”, by the Purchasing Department for the benefit of the Risk Management Department. The Purchasing Department is the SOLE point of contact concerning this RFP. All communications regarding this RFP must be done through the Purchasing Department. See Section 1.10, Contact Person.

1.2 PURPOSE OF THE PROJECT

Palm Beach County Board of Commissioners requests proposals for a fully insured group Short Term Disability Insurance Plan, and a fully insured group Long Term Disability Insurance Plan. The Long Term Disability Insurance Plan (LTD) will contain both employer paid core (provided to Medical HMO participants only) and buy-up voluntary LTD benefits. The Short Term Disability Plan (STD) will be 100% voluntary (employee pay-all). The County is seeking a financially stable provider who can match, improve, or provide a consistent level of benefits at the lowest net cost to both the County and the employees. Guaranteed rates for a period not to exceed five (5) years are preferred, and a minimum of three years should be provided, but renewal caps based upon pre-defined formulas will also be considered. The approximate number of County, Supervisor of Elections, and Palm Tran employees eligible to participate in this coverage is 4,600.

NOTE: This may be a multi-award contract. The County reserves the right to award the contract to more than one proposer, if the evaluation of the proposals causes the selection committee to determine that the best proposed benefit varies from proposer to proposer. To illustrate, one proposer might be awarded the contract for Short Term Disability, while another is awarded the contract for Long Term Disability. Proposers may submit quotes for both lines of coverage, or only one.

1.3 BACKGROUND

The Board of County Commissioners of Palm Beach County currently offers group LTD and STD insurance to its employees. The plan does not cover employees of the Tax Collector, the School Board, the Property Appraiser, the Clerk of the Circuit Court or the Sheriff, nor will it cover the Fire/Rescue employees who are high risk firefighters and/or members of the Professional Fire Fighters of Palm Beach County, Local 2928, IAFF.

IAFF members who are in non-high risk positions are permitted to elect the voluntary LTD or STD coverage. Included in this RFP process are the approximately 600 employees of Palm Tran, Inc. (the County’s bus system) and the approximately 50 employees of the County’s Supervisor of Elections. The Board of County Commissioners employees and the Supervisor of Elections employees belong to the Florida Retirement System (FRS).

Palm Tran employees belong to the Palm Tran/Amalgamated Transit Union #1577

Pension Plan. The census for Palm Beach County, Palm Tran, and Supervisor of Elections employees is included in this RFP as Attachment 2.

Employees of the Board of County Commissioners, Supervisor of Elections, and Palm Tran, Inc. (hereinafter referred to as the “GROUP”), are enrolled together in various benefits programs through an Interlocal Agreement between the three entities. The County, therefore, shall enter into a single contract for its employees and those of Palm Tran and the Supervisor of Elections.

The LTD plan consists of core and optional LTD. The core/basic plan (50% of basic monthly earnings not to exceed a maximum monthly benefit of $1,000) is offered at no cost to employees enrolled in the Medical HMO plan or the Medical OAPIN plan. These employees can then upgrade to the optional plan and pay the difference in premium between the two plans. The optional plan (60% of basic monthly earnings not to exceed a maximum monthly benefit of $5,000) is offered to all other employees who are 1) either participating in the POS medical plan, or 2) have opted out of medical coverage offered by the Board on a payroll deduction basis. The County makes no contribution toward the optional plan.

Enrollment history in the LTD plans is presented in Section 4, Scope of Work. For new employees, who work a minimum of thirty (30) hours per week, coverage in either the core or optional plan becomes effective on the first of the month following or coinciding with sixty (60) days of employment. (The Supervisor of Elections and Palm Tran’s eligibility requirements are identical). The County's annual open enrollment period is in the fall each year.

Historically, the LTD rate structure has been a composite rate method, as opposed to an age-rated method, because it is beneficial for the County and the majority of enrollees.

Other notable benefits under the current LTD policy are as follows:

1. A "Zero Day" residual benefit feature which allows satisfaction of the elimination period if "partially disabled" rather than the original "total disability qualifier".

2. A 3/12 pre-existing condition provision.

The County has offered STD coverage on a strictly voluntary (employee pay-all) basis since January of 2008. The policy covers temporary disabilities where illness or injury is not job-related or covered by accrued sick time.

Currently, the STD rate is a flat rate for all participating employees, however proposers are encouraged to quote a composite rate similar to the rate structure of the LTD policy currently in effect in lieu of a flat rate (e.g. $__/$100).

The County wishes to maintain the same slate of benefits offered by the current STD policy.

It is the preference of the County that proposers duplicate existing benefits and provisions “exactly”. Any deviation must be fully explained. Any deviation which contains more restrictive provisions (soft tissue, self-diagnosis, etc.) must be presented as an alternate proposal.

1.4 PERIOD OF CONTRACT

The effective date of this Contract(s) is January 1, 2022. It is preferred that the selected proposer(s) offer guaranteed rates for up to five years, three years minimum. The County prefers fixed cost multi-year proposals but will also consider renewal caps based upon defined formulas for the fourth and fifth years. The selected proposer(s) shall provide services for a twelve (12) month period ending December 31, 2022, and may be subject to four (4) separate one (1) year renewal options offered by the County, at the County’s sole discretion. If a multi-year rate guarantee is offered, it is possible that the initial contract could be for up to a thirty-six (36) month period ending December 31, 2024, subject to two (2) separate one (1) year renewal options offered by the County, at the County’s sole discretion. In no event shall initial or renewal rates be guaranteed for less than a twelve (12) month period.

The selected proposer(s) shall give a minimum of one hundred and eighty (180) days written notice prior to any renewal date to the GROUP stating specifically what, if any, rate change is proposed. Initial rate indications shall be given in writing by the successful proposer(s) no later than two hundred and forty (240) days prior to the renewal date. Flex Plan enrollment and labor negotiations have necessitated this requirement.

1.5 PARTICIPATION REQUIREMENTS

Proposers are advised that Palm Beach County will not accept any participation requirements in either the LTD or STD policies.

1.6 COMMISSIONS

It is the preference of the County to receive RFP submittals directly from the proposing carrier and contract directly with the proposing carrier. The County is not contracted with, or using the services of any independent agents. If proposer wish to use the services of any agent, all fees and commissions must be fully disclosed in the proposal.

1.7 QUALIFICATION OF RESPONDENTS

All proposers to this RFP shall have demonstrated experience in supplying such services and shall meet all criteria/requirements identified in this RFP.

1.8 TIMETABLE

The anticipated schedule and deadline for the RFP and Contract approval are as follows:

Activity Date Time Location

RFP available for 6/28/21 Purchasing Department Download from 50 S. Military Trail, Ste. 110 Purchasing Dept. VSS: W. P. B., FL 33415 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Deadline for receipt of 7/09/21 5:00 p.m. Purchasing Department questions or comments 50 S. Military Trail, Ste.110

W. P. B., FL 33415

Deadline for receipt 7/28/21 4:00 p.m. Purchasing Department of proposals 50 S. Military Trail, Ste. 110

W. P. B., FL 33415

Selection Committee 8/11/21 10:00 a.m. Purchasing Department Meeting 50 S. Military Trail Room 1N-142 North/South

W.P.B., FL 33415

Oral Presentations/ 8/23/21 9:00 a.m. Purchasing Department Selection Committee 50 S. Military Trail Meeting (if conducted) Room 1N-142 North/South

W.P.B., FL 33415

Posting Date of Notice 8/25/21 Purchasing Department of Intent to Award 50 S. Military Trail, Ste. 110

W.P.B., FL 33415

www.pbcgov.com/purchasing

BCC Award Date 10/19/21 Governmental Center 301 N. Olive Avenue, 6th Floor

W.P.B., FL 33401

Contract Start Date 1/01/2022

NOTE: County reserves the right to alter the above activities and/or times at the

County’s sole discretion.

1.9 PROPOSAL SUBMISSION

All proposals must be submitted on 8 ½” x 11” paper.

http://www.pbcgov.com/purchasing

One (1) unbound original, nine (9) bound copies, three (3) electronic copies on a thumb drive: one (1) with all signatures pages in pdf format and two (2) in Word and Excel format of the complete proposal must be received in the Purchasing Department by July 28, 2021, 4:00 p.m. local time. The original and all copies must be submitted in a sealed envelope or container. The proposer’s complete return address must be included on the outer envelope or wrapper enclosing any materials submitted in response to this RFP.

The outer envelope or wrapper should be addressed as follows:

Proposer Name Address Phone No.

Palm Beach County Board of County Commissioners Purchasing Department 50 South Military Trail, Suite 110 West Palm Beach, Florida 33415 ATTENTION: Donna Pagel, Purchasing Manager RFP No. 21-057/DP

Title: Long Term and Short Term Disability Insurance Due Date: July 28, 2021, 4:00 p.m. local time.

The Purchasing Department’s office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays observed by the County

Proposers are responsible for informing any commercial delivery services, if used, of all delivery requirements and for insuring that the required address information appears on the outer wrapper or envelope used by such service.

The Price Proposal Page(s) (Appendix B1 and/or B2) must be signed by an officer of the company who is legally authorized to enter into a contractual relationship in the name of the proposer (“Authorized Person”).

The submission of a signed proposal by a proposer will be considered by the County as constituting a legal offer by the proposer to perform the required services at the proposed pricing identified therein.

1.10 CONTACT PERSON

The contact person for this RFP is Donna Pagel, Purchasing Manager, at (561) 616-6821, e-mail address dpagel@pbcgov.org or fax number (561) 242-6721 in the Purchasing Department.

Proposers are advised that from the date of release of this RFP until award of the contract, NO contact with County staff and/or designated Selection Committee members concerning this RFP is permitted, except as authorized by the contact person designated herein.

1.11 CONE OF SILENCE

Proposers are advised that the “Palm Beach County Lobbyist Registration Ordinance” prohibits a proposer or anyone representing the proposer from communicating with any County Commissioner, County Commissioner’s staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award this contract regarding its proposal, i.e., a “Cone of Silence”.

The “Cone of Silence” is in effect from the date/time of the deadline for submission of the proposal, and terminates at the time that the Board of County Commissioners, or a County Department authorized to act on their behalf, awards or approves a contract, rejects all proposals, or otherwise takes action which ends the solicitation process.

Proposers may, however, contact any County Commissioner, County Commissioner’s Staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award this contract via written communication, i.e., fax, e-mail, or U.S.

Mail.

Violations of the “Cone of Silence” are punishable by a fine of $250.00 per violation.

1.12 ADDITIONAL INFORMATION/AMENDMENT(S)

Any questions, comments (i.e., additional information or clarifications) must be made, in writing via fax, e-mail or U.S. Mail, no later than the date specified and to the address listed in the RFP Timetable (Section 1.8) or fax number or e-mail address listed for the Contact Person (Section 1.10) above. The request must contain the proposer’s name, address, phone number, facsimile number and e-mail address.

Facsimiles must have a cover sheet which includes, at a minimum, the proposer’s name, address, number of pages transmitted, phone number, facsimile number and e-mail address.

Changes to this RFP, when deemed necessary by the County, will be completed only by written Amendment(s) issued prior to the Deadline for receipt of proposals. Proposers should not rely on any representations, statements or explanation other than those made in the RFP or in any Amendment to this RFP. Where there appears to be a conflict between the RFP and any Amendment issued, the last Amendment issued shall prevail.

As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on our on-line Vendor Self-Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the sole responsibility of the proposer to routinely check VSS for any Amendments that may have been issued prior to the Deadline for receipt of proposals. The County shall not be responsible for the completeness of any

RFP package not downloaded from VSS or obtained directly from the Palm Beach County Purchasing Department.

It is the proposer’s sole responsibility to assure receipt of all Amendments. The proposer should verify with the designated Contact Person (see Section 1.10) prior to entering a proposal that all Amendments have been received. Proposers are required to acknowledge the receipt of all Amendments as part of their proposal.

SECTION 2

GENERAL TERMS AND CONDITIONS

2.1 PROPOSAL GUARANTEE

Proposer guarantees their commitment, compliance, and adherence to all requirements of the RFP by submission of their proposal.

2.2 MODIFIED PROPOSALS

Proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the Deadline for receipt of proposals. The County will only consider the latest proposal submitted.

2.3 WITHDRAWAL OF PROPOSALS

A proposal may be withdrawn only by written notification. Letters of withdrawal received after the Deadline for receipt of proposals will not be accepted unless the contract has been awarded to another vendor or no award has been made within ninety (90) days after the Deadline for receipt of proposals.

Unless withdrawn, as provided in this subsection, a proposal shall be irrevocable until the time that a contract is awarded.

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

Proposals and/or modifications to proposals received after the Deadline for receipt of proposals specified in the RFP Timetable (Section 1.8) are late and shall not be considered.

2.5 RFP POSTPONEMENT / CANCELLATION

The County may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; waive any minor irregularities in this RFP or in the proposals received as a result of this RFP; postpone or cancel, at any time, this RFP process; or re-issue this

RFP.

2.6 COSTS INCURRED BY PROPOSERS

All expenses incurred with the preparation and submission of proposals to the County, or any work performed in connection therewith, shall be borne by the proposer. No payment will be made for proposals received, nor for any other effort required of or made by the proposers, prior to commencement of work as defined by a contract approved by the Board of County Commissioners.

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

Any material submitted in response to this Request for Proposal is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding proposer might consider to be confidential. All submitted information that the responding proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential.

2.8 NEGOTIATIONS

The County may award a contract on the basis of initial proposals received, without discussions. Therefore, each submitted proposal should contain the proposer’s best price and technical offer.

2.9 RIGHT TO PROTEST

Any proposer may protest any recommendations for contract award by submitting a written protest to the Director of Purchasing within five (5) business days after posting the Notice of Intent to Award in accordance with Chapter 2, Article II, Section 2-55 of the Palm Beach County Code. Protests must be submitted in writing, addressed to the Director of Purchasing, via hand delivery, mail or fax to (561) 242-6705.

2.10 SMALL/MINORITY/WOMEN BUSINESS ENTERPRISE (S/M/WBE) / EBO

REQUIREMENTS

Policy

It is the policy of the Board of County Commissioners of Palm Beach County, Florida, (the Board) that all segments of its business population, including, but not limited to, small, local, minority and women owned businesses, have an equitable opportunity to participate in the County’s procurement process, prime contract and subcontract opportunities. To that end, the Board adopted an Equal Business Opportunity Ordinance which is codified in Sections 2-80.20 through 2-80.30 (as may be amended) of the Palm Beach County Code, (EBO Ordinance) which sets forth the County’s requirements for the EBO program, and which is incorporated in this solicitation. The provisions of the EBO Ordinance are applicable to this solicitation and shall have precedence over the provisions of this solicitation in the event of a conflict.

NOTE: All forms related to the EBO Program can be found at http://discover.pbcgov.org/oebo/Pages/Documents.aspx.

Waiver of API Requirements

In accordance with the EBO Ordinance, the Affirmative Procurement Initiatives (API) have been waived for this project. However, if any proposer intends to utilize any subcontractors/subconsultants as part of their response to this solicitation, the applicable OEBO Schedules must be submitted with their proposal for compliance tracking purposes.

Proposal Submission Documentation

If any subcontractors or subconsultants are utilized in performing work under this Contract, proposers shall complete the attached Schedule 1 and Schedule 2, listing the work to be performed by any subcontractor or subconsultant, including S/M/WBE subcontractors and subconsultants.

S/M/WBE proposers proposing as Prime Contractors or Consultants are advised that they shall complete the attached Schedule 1 and Schedule 2, listing the work to be performed by their own workforce.

Schedule 1 – List of Proposed Subcontractors/Subconsultants

A completed Schedule 1 submitted by the Prime shall list the names of all subcontractors/subconsultants intended to be used in performance of the Contract, if awarded, including the total proposed percentage of S/M/WBE participation. This schedule shall also be used if an S/M/WBE Prime Contractor/Consultant is performing all or any portion of this contract with their work force.

Schedule(s) 2 – Letter(s) of Intent

A completed and exectured Schedule 2 is a binding document between the Prime Contractor/Consultant and a subcontractor/subconsultant (or any tier) and should be treated as such. Each Schedule 2 shall be properly executed by the Prime Contractor/Consultant and by the proposed subcontractor/subconsultant. If the Prime Contractor/Consultant is an S/M/WBE, a Schedule 2 shall be submitted to document work to be performed by its workforce. All S/M/WBE(s) shall specify, in detail, the type of work they will perform along with the dollar amount they will be compensated and/or percentage of work they will perform. If any subcontractor/subconsultant intends to subcontract any portion of their work, they are required to list the dollar amount and the name of the subcontractor/subconsultant on this schedule. All named subcontractors/subconsultants on this schedule must also complete and submit a separate Schedule 2. The Prime may count toward its SBE or M/WBE goal second and third tiered certified S/M/WBE(s); provided that the Prime Contractor/Consultant submits a completed and executed Schedule 2 for each S/M/WBE.

http://discover.pbcgov.org/oebo/Pages/Documents.aspx

A detailed scope of work may be attached with a signed Schedule 2.

In the event of a conflict between Schedules 1 and 2 when calculating S/M/WBE participation, the information provided on Schedule 2 shall have precedence. If the County’s issuance of a change of scope, including alterations, additions or reduction on this project results in changes in the scope of work to be performed by a subcontractor/subconsultant listed at the time of proposal submission, the Prime must submit a, completed and executed Schedule 2 that specifies the revised scope of work to be performed by the subcontractor/subconsultant, along with the modified price and /or percentage.

Responsibilities After Contract Award

Schedule 3(A) – Professional Services Activity Report

The Prime Contractor/Consultant shall submit a completed Professional Services Activity Report (Schedule 3A) with each invoice or payment application when a subcontractor/subconsultant has provided services during the period in which the Prime is requesting payment. This schedule shall contain the names of the Prime and subcontractor(s)/subconsultant(s) on the project specifying the contract amount; start date; amount paid to date and percentage of work completed by the Prime and subcontractor(s)/subconsultant(s). This schedule is intended to be utilized on all professional services contracts.

Schedule 4 –Payment Certification

A fully executed Schedule 4 shall be submitted for each subcontractor/subconsultant after receipt of payment from the Prime Contractor/Consultant. The Prime Contractor/Consultant shall submit this schedule with each payment application or invoice submitted to the County when the County has paid the Prime Contractor/Consultant on the previous payment application for services provided by a subcontractor/subconsultant.

If any subcontractor/subconsultant intends to disburse funds associated with this payment to another subcontractor/subconsultant for labor provided on this contract, the amount and name of the subcontractor/subconsultant shall be listed on this schedule. All named subcontractors/subconsultants on this schedule must also complete and submit a separate Schedule 4 after receipt of payment. If the Prime Contractor/Consultant is a certified S/M/WBE, a Schedule 4 shall be submitted to reflect the amount of payment retained by the Prime Contractor/Consultant for services performed by its own workforce.

All proposers hereby agree and assure that they will meet the S/M/WBE participation percentages submitted in their respective proposals with the subconsultants or subcontractors contained on Schedules 1 and 2 and at the dollar values or percentages specified. Proposers agree to provide any additional information requested by the County to substantiate participation.

The successful proposer shall submit a Professional Services Activity Report Form (Schedule 3A) and Payment Certification (Schedule 4) with each payment application, when applicable. Failure to provide these schedules may result in a delay in processing payment or disapproval of the invoice until they are submitted. The Professional Services Activity Report is to be filled out by the Prime Contractor/Consultant and the Payment Certification are to be executed by the subcontractor/subconsultant to verify receipt of payment.

Upon letter notification by the County that the EBO payment portal/tracking system is available for use, the Contractor is required to input all subconsultant and subcontractor payment information directly into the EBO payment portal prior to submitting a payment application.

NOTE: All OEBO forms are available on the OEBO website:

http://discover.pbcgov.org/oebo/Pages/default.aspx.

S/M/WBE Substitutions

After contract award, the Prime Contractor/Consultant will only be permitted to substitute a certified S/M/WBE that is unwilling or unable to perform. The Prime Contractor/Consultant will only be permitted to modify the scope of work or price of an S/M/WBE listed in their response to the solicitation as a result of the County’s issuance of an amendment, alternate or change orders on a project. Substitutions shall be done with like certified S/M/WBEs in order to maintain the participation percentages submitted with the submittal.

All requests for modifications or substitutions shall be submitted to the originating County Department and the OEBO on the EBO Request for S/M/WBE Substitution Modification Removal Form for review. Upon receiving an approval for substitution, he Prime Contractor/Consultant shall complete and submit a new executed Schedule 2 that specifies the revised scope of work to be performed by the S/M/WBE, along with the revised dollar amount and/or percentage.

A detailed scope of work may be attached with a executed Schedule 2.

EBO Program Compliance- Penalties

Under the EBO Ordinance, the OEBO is required to implement and monitor S/M/WBE utilization during the term of any contract resulting from this solicitation. It is the County’s policy that S/M/WBEs shall have the maximum feasible opportunity to participate in the performance of County contracts. All proposers are required to comply with the EBO Ordinance and shall be expected to comply with the APIs applicable to this solicitation, as well as the S/M/WBE utilization proposed by a proposer in its proposal, which utilization plan forms a part of any resulting Contract.

The Director of the OEBO or designee may require such reports, information, and documentation from the proposer/Contractor/Consultant as are reasonably necessary to determine compliance with the EBO Ordinance requirements. Contractor/Consultant shall http://discover.pbcgov.org/oebo/Pages/default.aspx correct all noncompliance issues within fifteen (15) calendar days of a written notice of noncompliance by the department procuring the goods or services or the EBO Office. If the Contractor/Consultant does not resolve the non-compliance within fifteen (15) days of receipt of written notice of non-compliance, then the Director of the OEBO or designee may impose upon the non-complying party any or all of the following penalties:

a. Suspension of contract;

b. Withholding of funds;

c. Termination of contract based upon a material breach of contract pertaining to EBO Program compliance;

d. Suspension or Debarment of a proposer or bidder, contractor or other business entity from eligibility for providing goods or services to the County for a period not to exceed three (3) years; and

e. Liquidated damages equal to the difference in dollar value of S/M/WBE participation as committed to in the contract, and the dollar value of S/M/WBE participation as actually achieved, if applicable.

2.11 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT

REQUIREMENTS

Pursuant to Palm Beach County Code, Section 2-421 - 2-440, as amended, Palm Beach County’s Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud.

Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 – 2-440, and punished pursuant to Section 125.69, F.S., in the same manner as a second degree misdemeanor.

2.12 RULES; REGULATIONS; LICENSING REQUIREMENTS

The proposer shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. Proposers are presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered, to include Executive Order No. 11246 entitled “Equal Employment Opportunity” as amended by Executive Order No. 11375, and as supplemented by the Department of Labor Regulations (41 CFR, Part 60).

2.13 CRIMINAL HISTORY RECORDS CHECK

Pursuant to Palm Beach County Code Section 2-371 – 2-377, the Palm Beach County Criminal History Records Check Ordinance (“Ordinance”), the County will conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County.

A fingerprint based criminal history record check shall be conducted on all employees of contractors and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be either a critical facility ("Critical Facilities") or a criminal justice information facility ("CJI Facilities"), which are critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2013-1470 and R-2015- 0572, as amended. In October 2013, compliance with the requirements of the U.S.

Federal Bureau of Investigation’s CJI Security Policy was added to the Ordinance, which includes a broad list of disqualifying offenses. The proposer is solely responsible for understanding the financial, schedule, implications, and/or staffing implications of this Ordinance. Further, the proposer acknowledges that its proposal price includes any and all direct or indirect costs associated with compliance of this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the County.

2.14 REVIEW OF PROPOSALS

Each proposal will be reviewed to determine if the proposal is responsive to the RFP.

Proposals deemed to be non-responsive will be rejected without being evaluated by the Selection Committee. A responsive proposal is one which has been signed, has been submitted by the specified submission time, and has provided the information required to be submitted with the proposal (as stated in Section 3). While poor formatting, poor documentation, and/or incomplete or unclear information may not be cause to reject a proposal without evaluation, such substandard submissions may adversely impact the evaluation of your proposal, especially information relating to establishing financial/business stability. Proposers who fail to comply with all of the required and/or desired elements of this RFP, do so at their own risk.

2.15 EXCEPTIONS TO THE RFP

All exceptions taken must be specific, and the proposer must indicate clearly what alternative is being offered to allow the County a meaningful opportunity to evaluate the proposal. Proposers are cautioned that submitting an alternative proposal does not relieve the proposer from submitting the “Minimum Requirements” as stated in Section 3.

The County is under NO obligation to accept any proposed exceptions or alternatives.

2.16 SELECTION PROCESS

All proposals timely received will be reviewed first by the Purchasing Department to determine if each proposer has submitted the required information and met all Proposal Requirements (as stated in Section 3). Those proposals fulfilling the Proposal Requirements shall be referred to the Selection Committee for review and further consideration.

The Selection Committee will evaluate all responses to this RFP that meet the Proposal Requirements and are deemed responsive. The Selection Committee may evaluate all proposals based solely on the information submitted with the proposal. Accordingly, proposers are urged to ensure that their proposal contains all the necessary information for the Selection Committee to fairly and accurately evaluate each of the criteria listed below in Section 2.17. However, an oral presentation, additional written information, internal staff analysis, proposer presentations, outside consultants, and/or any other information may be required, at any time during the selection process, to help the Committee determine the final ranking of proposers. The Selection Committee may determine, as the result of additional information, that the impact of this information is significant and may be considered in the scoring and/or ranking, at the discretion of the Committee.

The Selection Committee shall meet in public session as necessary to score each proposal by reviewing each proposal against the evaluation criteria listed below, see Section 2.17. Upon completion of the Selection Committee’s review and discussion of all the responsive proposals submitted, each Selection Committee Member shall score each proposal and total the scores for each proposal. The proposals shall be assigned a ranking based upon the totals of each Selection Committee Member’s score for each proposal.

After the Selection Committee has developed an overall ranking for each proposer, the committee will then review, discuss, and declare the proposer ranked the highest as its “finalist” and make its recommendation for award of the contract.

2.17 EVALUATION CRITERIA

1. Ability to Perform/Flexibility Weight 10 % ( 10 pts) in Meeting Group Requirements/ References (See Section 3.1.1 a., 3.1.2)

2. Conformity to and/or Enhancement Weight 35 % ( 35 pts) of Existing Plan Design and Benefits Slate (See Section 3.1.1 b.)

3. Carrier Financial Rating Weight 15 % ( 15 pts) (See Section 3.1.1 c)

4. Price Proposal / Rate Guarantee Weight 35 % ( 35 pts) (See Section 3.4)

5. Small/Minority/Women Business Enterprise Weight 0 % (_0 pts)* (See Section 2.10)

*A Waiver of API Requirements has been approved for this RFP.

6. Business Location / Local Preference Weight 5 % ( 5 pts) (See Section 3.2)

2.18 AWARD OF CONTRACT

The award, if any, will be made to the responsive, responsible proposer whose proposal is considered to be the most advantageous to the County based on the Selection Committee’s opinion after review of every such proposal including, but not limited to, price.

Upon review and approval of the Selection Committee’s recommendation for award, the Purchasing Department will post the award recommendation at the Purchasing Department and on the Purchasing Department website at www.pbcgov.com/purchasing for a period of five (5) business days for review by interested parties prior to final approval of the award. The apparent successful proposer will be notified of the recommendation for award by mail. The recommended awardee shall provide documentation that demonstrates that the individual(s) executing the Contract has the authority to do so and to legally bind the recommended awardee. A contract must be completed and executed by the successful proposer and the County and, when appropriate, by the Board of County Commissioners before it becomes valid and effective. If these conditions and contract negotiations, if applicable, are not met and/or completed within a reasonable timeframe as determined by the County, the County may elect to cancel the Recommended Award to that proposer and make the award recommendation to the next most advantageous proposer. This process may continue until such time as the County has determined to cancel the procurement in its entirety. The official posting on the Purchasing Department website shall prevail if a discrepancy exists between the referenced listings.

2.19 DISCLOSURE OF OWNERHIP INTERESTS

Pursuant to a directive by the Board of County Commissioners, the Disclosure of Ownership Interest affidavit (DOIA, Appendix G) must be completed on behalf of any individual or business entity that seeks to do business with the County when applicable.

Disclosure does not apply to nonprofit corporations, government agencies, or to an individual’s or entity’s interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, F.S., whose interest is for sale to the general public.

Upon request from the Purchasing Department, the recommended awardee shall submit a completed DOIA (Appendix G) within a reasonable time, as requested. If the recommended awardee fails to submit a completed DOIA in a timely manner, the County, at its sole discretion, may elect to cancel the Recommended Award.

2.20 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

The selected proposer will be required to execute a contract similar to the attached Sample Standard Contract (Attachment 1). If a proposer has comments related to any of the provisions in this RFP and/or the Sample Standard Contract, comments must be made, in writing, no later than the date specified in the RFP Timetable (see Section 1.8).

The Sample Standard Contract provisions (general and specific) will be incorporated into any contract resulting from this RFP. Should any selected proposer and the County be unable to consummate a written contract, the County may proceed to the next most advantageous proposal as determined by the Selection Committee or issue a new solicitation or cancel the procurement process in its entirety.

2.21 COMMENCEMENT OF WORK

This RFP does not, by itself, obligate the County. The County’s obligation will commence when the contract is approved by the Board of County Commissioners or their designee and upon written notice to the proposer. The County may set a different starting date for the contract. The County will not be responsible for any work done by the proposer, even work done in good faith, if it occurs prior to the contract start date set by the County.

2.22 INSURANCE REQUIREMENTS

Prior to the effective date of the Contract, it shall be the responsibility of the successful proposer to provide evidence of the minimum amounts of insurance coverage specified in Attachment 1, Article 14, to Palm Beach County through the Contact Person set forth in Section 1.10, until otherwise notified by County.

The successful proposer shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Contract, insurance coverages and limits (including endorsements) as described herein (see Attachment 1, Article 14). Failure to maintain the required insurance shall be considered default of the Contract. The requirements contained herein, as well as the County’s review or acceptance of insurance maintained by the successful proposer, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the successful proposer under the Contract.

2.23 DRUG FREE WORKPLACE CERTIFICATION

Proposers should submit, with their proposal, an executed Drug Free Workplace Certification (Appendix F) indicating that the proposer has implemented a Drug Free Workplace Program which meets the requirements of Section 287.087, F.S.

2.24 AUTHORIZED SIGNATURE

The authorized representative signature required on all offers and the Contract must be made by an officer of the company (if applicable).

SECTION 3

PROPOSAL REQUIREMENTS

PROPOSAL FORMAT AND CONTENT

Format

Proposer shall submit one (1) unbound original, nine (9) bound copies, and three (3) electronic copies on a thumb drive: one (1) with all signatures pages in pdf format and two (2) in Word and Excel format of the complete proposal. Proposals should be typed, double-spaced and submitted on 8 ½” x 11” size paper. Copies should be bound using a single method of fastening (e.g., stapled, binder, etc.). Proposals should include only brief and concise narrative. The enclosure of elaborate or unnecessary verbiage or promotional material is discouraged.

Table of Contents

Proposals should contain a Table of Contents. The Table of Contents outlines, in sequential order, all of the areas of the proposal and it allows for clarity and ease of review of the proposal.

Letter of Transmittal

Proposals should contain a Letter of Transmittal addressed to Donna Pagel, Purchasing Manager, and should, at a minimum, contain the following:

a. Identification of Proposer, including name, address and telephone number.

b. Proposed working relationship between proposer and subcontractors, if applicable.

c. Name, title, address, telephone/fax numbers and e-mail address of contact person during period of proposal evaluation.

d. Signed by a person authorized to bind proposer to the terms of the proposal.

Technical Proposal

Proposals shall contain all of the documents listed below, each fully completed, signed, and notarized as required. Failure of a proposer to provide the required information is considered sufficient cause to deem the proposal non-responsive.

The item(s) marked by an asterisk (*) should be a part of the proposal; however, if these items are omitted, the proposer must submit the item(s) upon request from the County within a time frame specified by the County (normally within two working days of request) or the proposal shall be deemed non-responsive. All other items must be submitted with the proposal or it shall be deemed non-responsive.

Notwithstanding these submittal requirements, the County reserves the right, at its sole discretion, to waive any minor irregularity relating to the proposal. Upon request, it shall be the responsibility of the proposer to address the determined minor irregularity within a time frame specified by the County (normally within two working days of request). Failure of a proposer to provide the required information within the specified time frame is considered sufficient cause to deem the proposal non-responsive.

Each of the following requirements should be addressed in separate sections of the proposal.

3.1 QUESTIONNAIRE / REFERENCES

3.1.1 Each proposer shall complete and submit the Questionnaire (Appendix A, Part 1 and Part 2). The proposer shall answer all questions in both Parts completely. Please attach additional information, if necessary, to fully explain a particular question. Incomplete answers will not be given consideration in the evaluation process. All information submitted in response to the Questionnaire shall be used to evaluate each proposal for compliance with the evaluation criteria listed below as 3.1.1.a. through d.:

a. Ability to Perform/Flexibility in Meeting Group Requirement/References.

b. Conformity to and/or Enhancement of Existing Plan Design and Benefits

Slate.

c. Carrier Financial Rating (i.e. AM Best’s, Moody’s, Standard & Poor’s)

d. Price / Rate Guarantee

*3.1.2 Each proposer should provide, along with the Questionnaire, a list of a minimum of three (3) references demonstrating the successful provision of long term disability and short term disability coverage within the past three

(3) years.

References should include at least one (1) large employer (3,000 employees or larger) and should contain the following:

a. Name of the client company, contact names, addresses, telephone/ fax numbers, e-mail address, and dollar amount of contracts and dates of service.

b. Scope of Work, types of services performed and number of full-time staff provided.

3.2 BUSINESS LOCATION / LOCAL PREFERENCE

Pursuant to Section 2-80.47 of the Palm Beach County Local Preference Code, unless prohibited by federal, state or local law or where prohibited under the conditions of any grant, the location of a business shall be addressed through the evaluation criteria set forth in this solicitation.

Proposer shall submit at the time of proposal submission the attached “Certification of Business Location” (Appendix E) (the “Certification”) together with a valid Business Tax Receipt issued by the Palm Beach County Tax Collector, unless the proposer is exempt from the Business Tax Receipt requirement by law, which will be used to verify that the proposer had a permanent place of business prior to the issuance of this Notice of Solicitation/Request for Proposal. The Palm Beach County Business Tax Receipt and the Certification are the sole determinant of Business Location/Local Preference points. Errors in the completion of the Certification or failure to submit the completed Certification will cause the proposer to not receive points for Business Location/Local Preference.

Local proposers who submit the Certification, together with the required Business Tax Receipt at the time of proposal submission, shall receive five (5) points.

3.3 COMMERCIAL NON-DISCRIMINATION

As a condition of submitting a proposal to the County, the proposer agrees to comply with the County’s Commercial Non-discrimination Policy as described in Resolution 2017-1770 as amended. In accordance with Palm Beach County Code Section 2-80.24, proposer hereby certifies and agrees that the following information is correct: In preparing its response to this solicitation, the proposer has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in the County’s Commercial Nondiscrimination Policy as set…