RFP_4115RC_Self-Funded_Medical_Plan_ASO.pdf

1 An Equal Opportunity School District Rev. 46 - 2/4/25

THE SCHOOL BOARD OF MARION COUNTY, FLORIDA

PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL (RFP) WITH INVITATION TO NEGOTIATE

REQUIRED RESPONSE FORM (Pgs. 1 & 2)

RFP # 4115RC

DATE: FEBRUARY 10, 2025

TITLE: SELF-FUNDED MEDICAL PLAN ASO

This proposal must be submitted electronically to The School Board of Marion County, Florida (District, School Board, or MCSB) through VendorLink at www.myvendorlink.com no later than 2:00 PM, Thursday, March 6, 2025. Proposals are due and will be opened at that time. School Board Approval Date: Tuesday, June 24, 2025

CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL

The District takes its public records responsibilities, as provided under Chapter 119, Fla. Stat. (2024) and Article 1, Section 24 of the Florida Constitution, very seriously. If 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, Fla. Stat. (2024), the Florida Constitution or other legal authority, Proposer must also simultaneously provide District with a separate redacted copy of its complete response. That redacted copy must contain the District solicitation name, RFP number, and the name of the Proposer on the cover, which must be clearly titled “Redacted Copy.” The Redacted Copy must be provided to the District at the same time Proposer submits its response to the solicitation and must only exclude or obliterate those exact portions that are claimed to be confidential, proprietary, or trade secret. In compliance with § 119.07(1)(e), Fla. Stat. (2024), Proposer must “state the basis for the exemption” that Proposer “contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute.”

Proposer will be responsible for defending its determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise exempt from disclosure. Further, Proposer shall protect, defend, and indemnify the District for any and all claims arising from or related to Proposer’s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise exempt from disclosure.

The District will have no responsibility or duty to verify whether any redacted material is exempt from Chapter 119, Fla. Stat. (2024). Proposer must have and retain full exemption verification responsibility.

If the Proposer fails to submit a Redacted Copy with its response, District is authorized to produce the entire documents, data or records submitted by Proposer in its response to a public records request for such records.

I have read and understand my responsibilities regarding any purported confidential, proprietary or trade secret material contained in this proposal.

Is there any confidential, proprietary, or trade secret information contained within this submitted proposal? (Y/N) _____

I have included a redacted copy with my submitted response (Y/N) _____

Signature of Proposer Signing Agreement

RFP #4115RC, Self-Funded Medical Plan ASO

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REQUIRED RESPONSE FORM (continued)

PROPOSAL CERTIFICATION

I certify that I am submitting the following information as my company's proposal. I further understand that by virtue of executing and returning with this proposal this REQUIRED RESPONSE FORM, I certify full, complete and unconditional acceptance of the contents of Pages 1 through 30 inclusive of this Request for Proposal, as well as all appendices and contents of any subsequent Addendum released hereto. Proposal must be signed by an officer or employee having legal authority to bind Proposer. I, the undersigned Proposer, have not divulged, discussed, or compared this proposal with any other Proposer. Proposer further certifies that Proposer has not colluded with any other proposer or entity in the preparation of this Proposal in order to gain an unfair advantage in the award of this proposal. Proposer’s execution of this document will initiate employee investigations’ procedures in accordance with § 1012.32, Fla. Stat. (2024).

PROPOSER (firm name): ___________________________________________________________________

STREET ADDRESS: _______________________________________________________________________

PRINTED NAME OF AUTHORIZED REPRESENTATIVE: __________________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE: _____________________________________________

TITLE: ______________________________________________ DATE: ______________________________

CONTACT PERSON: ______________________________________________________________________

CONTACT PERSON'S ADDRESS: ___________________________________________________________

TELEPHONE: ________________________________ TOLL FREE: ________________________________

FAX: ________________________________________________

E-MAIL ADDRESS: ________________________________________________________________________

INTERNET URL: __________________________________________________________________________

PROPOSER TAXPAYER IDENTIFICATION NUMBER: ___________________________________________

NOTE: Entries must be completed in ink or typewritten. An original manual signature is required.

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REQUEST FOR PROPOSAL #4115RC - SELF-FUNDED MEDICAL PLAN ASO

INDEX

1.0 INTRODUCTION

2.0 INSTRUCTIONS TO PROPOSER

3.0 TIME SCHEDULE

4.0 AWARD

5.0 TERM OF CONTRACT / RENEWAL

6.0 RFP INQUIRIES

7.0 CONE OF SILENCE

8.0 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES

9.0 SCOPE OF SERVICES, SPECIFICATIONS, ETC.

10.0 EVALUATION COMMITTEE MEETINGS

11.0 PREPARATION AND SUBMISSION

12.0 PROPOSAL EVALUATION PROCESS

13.0 EVALUATION CRITERIA

14.0 CANCELLATION OF AWARD / TERMINATION / FUNDING OUT

15.0 DEFAULT

16.0 LEGAL REQUIREMENTS

17.0 FEDERAL AND STATE TAX

18.0 CONFLICT OF INTEREST

19.0 INSURANCE REQUIREMENTS

20.0 INDEMNIFICATION / HOLD HARMLESS AGREEMENT

21.0 PUBLIC RECORDS LAW

22.0 PERMITS AND LICENSES

23.0 INTELLECTUAL PROPERTY RIGHTS

24.0 COST INCURRED IN RESPONDING

25.0 SUB-CONTRACTS

26.0 INDULGENCE

27.0 JOINT PROPOSAL

28.0 PUBLIC ENTITY CRIMES

29.0 USE OF OTHER CONTRACTS

30.0 ASSIGNMENT OF CONTRACT AND/OR PAYMENT

31.0 POSSESSION OF FIREARMS / DRUG FREE WORKPLACE

32.0 AGREEMENT

33.0 POSTING OF RFP TERMS & CONDITIONS / SPECIFICATIONS

34.0 POSTING OF RFP RECOMMENDATION / TABULATIONS

35.0 BACKGROUND SCREENING REQUIREMENTS

36.0 PRESS RELEASES AND PUBLICITY

37.0 FEDERAL FUNDS

ATTACHMENTS

A. Drug-Free Workplace Certification Form B. Acknowledgment of Addenda C. Division of Corporations Registration Requirements D. Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion – Lower Tier

Covered Transaction (with Instructions for Certification) E. Statement of No Bid

EXHIBITS (posted at www.myvendorlink.com)

A. School Board Provider Utilization Report B. Current District Contract Template

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REQUEST FOR PROPOSAL #4115RC - SELF-FUNDED MEDICAL PLAN ASO

1.0 INTRODUCTION

1.1 This is a Request for Proposal (RFP) to The School Board of Marion County, Florida (“District or School Board”).

1.2 The District desires to engage a firm to administer their self-funded medical plan.

1.3 All terms and conditions of this RFP, any addenda, Proposer's submissions and negotiated terms, are incorporated into the contract by reference as set forth herein.

1.4 Document files may be examined, during normal working hours; thirty (30) days after proposals have been opened or once a notice of an intended decision is made, whichever comes first.

1.5 Unless otherwise indicated in the proposal document, any solicitation downloaded from sources other than www.myvendorlink.com may not be the official and final version, and may result in the rejection of a quote/submittal/bid/proposal if not based upon an accurate rendition of the solicitation.

2.0 INSTRUCTIONS TO PROPOSER

2.1 All proposals must be submitted electronically through www.myvendorlink.com and received no later than 2:00 PM, on Thursday March 6, 2025. Submittals sent by mail, facsimile, electronic mail, telephone or any other means not specified herein will not be accepted.

2.2 Proposers are responsible for allowing adequate time to upload their submittal on VendorLink. Late submittals will not be accepted. If technical difficulties arise during submission of the proposal, it is the vendors responsibility to contact VendorLink technical support at support@evendorlink.com. The School Board of Marion County, Florida shall not be responsible for delays caused in any occurrence.

2.3 All proposals must be signed by an officer or employee having full, current authority to legally bind Proposer(s).

2.4 If applicable, any corrections of unit prices must be initialed by Proposer(s), including corrections made using opaque correction fluid or any other usual and generally acceptable method of correction.

2.5 Proposer should become familiar with any local conditions which may affect the services required.

Proposer(s) must carefully examine the RFP terms to become thoroughly familiar with any and all conditions and requirements that may in any manner affect the work to be performed under the contract.

No additional allowance(s) will be permitted due to lack of knowledge of such conditions.

2.6 Proposals not conforming to the instructions provided herein will be subject to disqualification at the sole option of the District.

2.7 Any proposal may be withdrawn prior to the date and time the proposals are due. Any proposal not withdrawn will constitute an irrevocable offer, for a period of ninety (90) consecutive calendar days, to provide the District with the services specified in the proposal.

3.0 TIME SCHEDULE

3.1 District will attempt to use the following time schedule for selection of Proposer(s):

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All questions and inquiries must be submitted via www.myvendorlink.com by:

Thursday, February 27, 2025

Proposals due not later than 2:00 PM EST Thursday, March 6, 2025 Evaluation Committee Meeting Wednesday, April 2, 2025, 8:30 AM EST

Purchasing Conference Room Proposer Oral Presentation/Interviews (if needed) Wednesday, April 9, 2025 Oral Presentation/Interviews Evaluation Committee Meeting (if needed)

Wednesday April 9, 2025, 2:00 PM EST Purchasing Conference Room

Submit Evaluation Results to School Board Thursday, June 5, 2025 School Board Approval Date Tuesday, June 24, 2025

3.2 Notification of any changes to the time schedule will be made via www.myvendorlink.com.

3.3 The District supports and complies with the Americans with Disabilities Act of 1990 and will take all reasonable steps to accommodate individuals who would like to attend public RFP openings or meetings.

Requests for reasonable accommodations must be made at least two (2) business days in advance of the event or stated requirement. Where applicable, all goods and/or construction must meet the provisions of the Americans with Disabilities Act of 1990, as adopted in January 1992.

4.0 AWARD

4.1 District reserves the right to accept or reject any or all proposals.

4.2 District reserves the right to waive any irregularities and technicalities and may, at its sole discretion, request a clarification or other information to evaluate any or all proposals.

4.3 District reserves the right, before awarding the contract, to require Proposer(s) to submit evidence of qualifications or any other information District may deem necessary.

4.4 District reserves the right, prior to School Board approval, to cancel the RFP or portions thereof, without penalty.

4.5 District reserves the right to: (1) accept the proposals of any or all of the items it deems, at its sole discretion, to be in the best interest of District; and (2) District reserves the right to reject any and/or all items proposed or award to multiple Proposers.

4.6 The proposal with the highest rating will be ranked first; however, nothing herein will prevent the District from making multiple awards and to deem all proposals responsive and to assign work to any firm deemed responsive.

4.7 District reserves the right to further negotiate any proposal, including price, with the highest rated Proposer. If an agreement cannot be reached with the highest rated Proposer, District reserves the right to negotiate and recommend award to the next highest Proposer or subsequent Proposers until an agreement is reached.

5.0 TERM OF CONTRACT / RENEWAL

5.1 The term of this contract will be from January 1, 2026 through December 31, 2028, and may, by mutual agreement between District and the awardee(s), be renewable for up to three (3) additional, one (1) year periods. If needed, the contract will be extended beyond the contract expiration date. Once School Board has approved, an award letter will be posted on www.myvendorlink.com. All prices must be firm for the term of this contract. The awardee agrees to this condition by signing their proposal.

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6.0 RFP INQUIRIES

6.1 Any questions concerning conditions and specifications must be submitted through www.myvendorlink.com. The deadline to submit questions is Thursday, February 27, 2025. Answers to questions will be posted on VendorLink as well. District staff is not authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to that contained in the written documents.

6.2 If necessary, any addenda will be posted on www.myvendorlink.com.

6.3 Copies of addendum will be made available for inspection at District's Purchasing Department where proposal documents will be kept on file.

6.4 No addendum will be issued later than three calendar days prior to the date for receipt of proposals except an addendum withdrawing the request for proposals or one, which includes postponement of the date for receipt of proposals.

6.5 No verbal or written information which is obtained other than by information in this document or by addendum to this RFP will be binding on District.

7.0 CONE OF SILENCE

7.1 A cone of silence is hereby established for this Request for Proposal (RFP) pursuant to Board Policy 6324. The cone of silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the recommendation of contract award. The cone of silence commences at the time of advertisement of the RFP. Competitive procurements are advertised on the Purchasing Department, www.myvendorlink.com website, or in a local, regional, or statewide publication of wide distribution. The cone of silence terminates at the time the Board acts on a written recommendation from the Purchasing Department regarding contract award; or at termination of selection process; provided, however, that communications are permitted when the Board receives public comment at the meeting when the recommendation is presented. Violation of this policy by a particular bidder, proposer, respondent, and/or representative may, at the discretion of the District, result in rejection of said bidder, proposer, respondent, and/or representative's bid, proposal, or offer and may render any contract award to said bidder, proposer, or respondent voidable. Likewise, a violation may also result in the bidder, proposer, or respondent being debarred as further described in Board Policy 6322.01.

The cone of silence prohibits any communication regarding this ITB between:

A. a potential vendor, service provider, bidder, lobbyist, or consultant and the staff of the District, including school principals; and

B. a potential vendor, service provider, bidder, lobbyist, or consultant and any one (1) or more of the

School Board members or member-elects.

Unless specifically provided otherwise in this RFP, the cone of silence does not apply to the following:

A. Communications between a potential vendor, service provider, bidder, lobbyist, or consultant and the District's Purchasing Department.

B. Communications between a potential vendor, service provider, bidder, lobbyist, or consultant and the District's staff attorney or Board attorney.

C. Communications at duly noticed pre-bid meetings and site visits prior to bid opening or post-bid-

7 An Equal Opportunity School District Rev. 46 – 2/4/25 opening meetings and site visits, which are administered by the Purchasing Department, prior to issuance of a written recommendation of contract award.

Any bidder who is adversely affected by the recommended award may file a protest within the time prescribed in §120.57(3), Fla. Stat. (2024). Failure to post bond with School Board or to adhere strictly to the requirements of statutes and state board rules pertaining to protests will result in summary dismissal by the Purchasing Department.

8.0 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES

8.1 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTEREST IN GOVERNMENT CONTRACTING. Bidders are hereby notified of the provisions of §287.05701, Florida Statutes, as amended, that the School Board will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the School Board’s governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests except as expressed in §287.135(2), Fla. Stat. (2024) where, "A company is ineligible to, 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: (a) Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to §215.4725, Fla. Stat. (2024), or is engaged in a boycott of Israel; or (b) one million dollars or more if, at the time of bidding on, or submitting a proposal for, or entering into or renewing such contract, the company: 1.) 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 §215.473, Fla. Stat. (2024), or 2.) is engaged in business operations in Cuba or Syria."

§215.473, Fla. Stat. (2024) 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 above are not on the Scrutinized Companies that Boycott Israel List, created pursuant to §215.4725, Fla. Stat. (2024), and are not engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, 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 §215.473, Fla. Stat. (2024), and are not engaged in business operations in Cuba or Syria. Any respondent awarded a Contract as a result of this solicitation will be required to recertify the aforementioned certifications at each renewal of the Contract. The School Board may terminate any contract resulting from this solicitation if respondent or any of those related entities of respondent as defined above by Florida law are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. 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 or engaged in business operations in Cuba or Syria to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services of one million dollars or more, or may permit a company on the Scrutinized Companies that Boycott Israel List to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services of any amount, should the School Board determine that the conditions set forth in §287.135(4), Fla. Stat. (2024) are met.

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9.0 SCOPE OF SERVICES, SPECIFICATIONS, ETC.

9.1 The District is seeking qualified vendors to respond to our Request for Proposal (RFP) for Third-Party Administrator (TPA) services to manage our self-funded health plan. Your proposal should include comprehensive solutions that demonstrate your ability to effectively administer claims, provide exceptional customer service, and offer innovative cost management strategies. See MCSB ASO RFP Questionnaire (Excel document) attached in VendorLink. The MCSB ASO RFP Questionnaire document is to be completed in Excel format and uploaded in VendorLink as part of your submitted response to this RFP.

Any proposal received without completed ASO RFP questionnaire will be deemed non-responsive.

9.2 In order to assist proposers in responding, the School Board Provider Utilization Report is attached in VendorLink as Exhibit A.

10.0 EVALUATION COMMITTEE MEETINGS

10.1 As stated in Section 3.1 and Section 12.4, a committee will convene to review and evaluate responsive proposals, for the purposes of making a decision as to an intended award. Per §119, Fla. Stat. (2024) this is an open public meeting. Notification will also be posted for review by interested parties at the District’s Purchasing Department, 2091 NE 35th Street, Ocala, Florida 34479, and website.

11.0 PREPARATION AND SUBMISSION

11.1 In order to maintain comparability and enhance the review process, it is requested that proposals be organized in the manner specified below. Include all information in your proposal. Items listed below (Sections 11.2 - 11.7) and any other information proposers include as part of their response can be submitted in PDF format. For Section 11.8, the completed MCSB ASO RFP Questionnaire Excel document must be completed and uploaded in VendorLink as a separate document (in Excel format).

11.2 Title Page: Required Response Form and Proposal Certification (page 1 and 2 of the RFP) with all the required information completed and all signatures as specified; Name of the Proposer, Address, Signature, Title, Contact Person, Contact Person’s Address, Telephone and Fax number, email address and Taxpayer ID Number.

11.3 Table of Contents: Include a clear identification of the material by section and by page number.

11.4 Letter of Transmittal: Give the names of the persons who will be authorized to give and support information, both in writing and oral presentation, for your company. Provide their titles, addresses and telephone numbers.

11.5 Required Forms: Include all completed required forms in this section.

Drug-Free Workplace Certification Form (Attachment A) Acknowledgment of Addenda (Attachment B) Division of Corporations Registration Requirements (Attachment C) Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion – Lower

Tier Covered Transaction (with Instructions for Certification) (Attachment D)

11.6 EEO Statement: The Marion County School District does not discriminate on the basis of race (including anti-Semitism), ethnicity, color, national origin, sex, sexual orientation, disability (including HIV, AIDS, or sickle cell trait), pregnancy, religion, marital status, age (except as authorized by law), military status, ancestry, or genetic information, which are classes protected by State and/or Federal law (collectively, "protected classes") in its educational programs, services or activities, or in its hiring or employment practices as required by Title IX, Title VI, Title VII, Age Discrimination Act of 1967, Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, and the Florida Educational

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Equity Act of 1984. Provide statement of EEO Compliance.

11.7 Insurance: Provide proof of your company's insurance as required in this RFP or submit a letter of your intention to have the required insurance within ten (10) days of notification by the District.

11.8 MCSB ASO RFP Questionnaire (Excel document) attached in VendorLink. This document is to be completed in Excel format and uploaded in VendorLink as part of your submitted response to this RFP.

Any proposal received without completed ASO RFP questionnaire will be deemed non-responsive

12.0 PROPOSAL EVALUATION PROCESS:

12.1 The Evaluation and Selection Panel is comprised of persons representing the areas of Risk Management, Employment Services, and Operations.

12.2 All proposals received by the submission deadline will be reviewed by the Purchasing Specialist or designee for responsiveness and distribute the responsive proposals to the Evaluation Committee members. Likewise, the District’s consultant with be provided with copies of all responsive submitted proposals to review and compare submitted responses. The consultant will provide a summary of variations and cost impacts to the District to aid the Evaluation Committee in their evaluation of all proposals received. The Evaluation Committee members will independently score and rank each proposal in accordance with the evaluation criteria listed in the Evaluation Criteria section below. The panel members will submit their individual scores and rankings of the proposals to the Purchasing representative for compilation of the overall ranking of the proposals. The panel along with the Purchasing representative and District consultant will convene at the published date and time to see the overall rankings and to discuss the proposals and any differences they may have. It is possible for the rankings to change during this meeting based on a better understanding of the facts presented in the proposals. A final consensus ranking will be made during this meeting.

12.3 RFPs are received and publicly opened. Only names of Proposers are read at this time.

12.4 An Evaluation Committee, consisting of District personnel, will convene, review and discuss all proposals submitted. Purchasing personnel and District consultant will participate in an advisory capacity only.

12.5 The Evaluation Committee will assign ratings in the evaluation and recommendation process in accordance with the evaluation criteria listed in Evaluation Criteria, Section 13.0.

12.6 The District Evaluation Committee reserves the right to interview any or all Proposers and to require a formal presentation with the key people who will administer and be assigned to work on the contract before recommendation of award. This oral interview/presentation is to be based upon the written proposal received. The Evaluation Committee shall score and rank based on the interview evaluation factors, which will include, but not necessarily be limited to, the criteria listed in Section 13 under Evaluation Criteria Presentation/Interview.

The proposers who are selected for an oral presentation/interview will receive an agenda and/or questions to be used in preparation for their oral presentation/interview. The Evaluation Committee may ask questions for the purpose of clarification during the oral presentation/interview. The oral presentation/interview, based on the agenda, and the responses to the Evaluation Committee’s questions, will be used in the scoring.

12.7 The Evaluation Committee reserves the right to negotiate further terms and conditions, including price with the highest ranked Proposer. If the Evaluation Committee cannot reach a mutually beneficial agreement with the first selected Proposer, the Committee reserves the right to enter into negotiations with the next highest ranked Proposer and continue this process until agreement is reached.

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12.8 The Purchasing Department will prepare and submit an agenda item to the Superintendent of the District.

12.9 The Superintendent will recommend to the School Board, the award or rejection of any and/or all proposal(s).

12.10 The School Board will award or reject any or all proposal(s).

13.0 EVALUATION CRITERIA

The Evaluation Committee will score all proposals received which meet the submittal requirements. The following factors will be considered in scoring the proposals received:

EVALUATION CRITERIA POINT VALUE

Network Access Analysis 10

Network Disruption 10

Claims Repricing 15

Utilization Management 5

Administration 10

Implementation Enrollment Eligibility and Maintenance 5

Customer Service 10

Technology 5

Reporting 5

Wellness 5

Medical Admin Fees/Costs 20

Total Points Possible: 100

ORAL PRESENTATION / INTERVIEW EVALUATION CRITERIA (IF

NEEDED) Scoring from Oral Presentation/Interviews will be added to initial score received.

POINT VALUE

Oral Presentation/Interview 25

Overall ability to meet the needs of the District 25

Total Points Possible for Oral Presentation/Interview: 50

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14.0 CANCELLATION OF AWARD/TERMINATION/FUNDING OUT

14.1 In the event any of the provisions of this proposal are violated by the Proposer(s), the Superintendent or designee will give written notice to the Proposer(s) stating the deficiencies and unless the deficiencies are corrected within ten (10) days, recommendation will be made to the District for immediate cancellation.

Upon cancellation hereunder, the District may pursue any and all legal remedies as provided herein and by law.

14.2 School Board will terminate this Agreement if the vendor is placed on the State of Florida Forced Labor Vendor list.

14.3 The District, reserves the right to terminate any contract resulting from this RFP, at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. If said contract should be terminated for convenience as provided herein, the District will be relieved of all obligations under said contract. The District will only be required to pay to the Proposer(s) that amount of the contract actually performed to the date of termination.

14.4 The awarded Proposer(s) of this RFP will have the option to terminate the contract upon written notice to the Purchasing Specialist. Such notice must be received at least ninety (90) days prior to the effective date of termination.

14.5 Cancellation of contract by awarded Proposer may result in removal from the District’s Bidders/Proposers list for a period of three (3) years.

14.6 Section 1011.14, Fla. Stat. (2024) prohibits School Board from creating obligations on anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions in the agreements.

14.7 It is necessary that fiscal funding out provisions be included in all proposals in which the terms are for periods longer than one (1) year.

Such prior written notice will state:

A. That the lack of appropriated funds is the reason for termination, and B. Agreement not to replace the services being terminated with services similar to those covered in this proposal from another vendor in the succeeding funding period.

“This written notification will thereafter release the District of all further obligations in anyway related to the services covered herein”.

14.8 The Funding Out statement must be included as part of any agreement. No agreement will be considered that does not include this provision for “funding out”.

15.0 DEFAULT

15.1 In the event that the awarded Proposer(s) should breach this contract the District reserves the right to seek remedies in law and/or in equity.

16.0 LEGAL REQUIREMENTS

16.1 It is the responsibility of the Proposer to be knowledgeable of all federal, state, county and local laws, ordinances, rules and regulations and School Board Policy that in any manner affect the items covered herein which may apply. Specifically, Proposer(s) is to adhere to School Board Policies, pursuant to the

12 An Equal Opportunity School District Rev. 46 – 2/4/25 following, with respect to any criminal arrests and convictions, and is on notice thereto that any employees involved in any Chapter 435, Fla. Stat. (2024) offenses are precluded from continuing to work on the project and must be replaced. Failure to comply may result in the immediate termination of the Proposer’s contract at the sole discretion of the District. Lack of knowledge by the Proposer(s) will in no way be a cause for relief from responsibility.

16.2 Proposer(s) doing business with the District are prohibited from discriminating against any employee, applicant, or client because of race, color, religion, gender, pregnancy, national origin, age, disability, marital status, or genetic information with regard to, but not limited to, the following: employment practices, rates of pay or other compensation methods, and training selection.

16.3 The person signing the Proposal Certification agrees that employee background investigations will be adhered to in accordance with §1012.32, Fla. Stat. (2024).

17.0 FEDERAL AND STATE TAX

17.1 The District is exempt from federal and state taxes for tangible personal property. The Purchasing Department Specialist will sign an exemption certificate submitted by the successful Proposer(s).

Proposer(s) doing business with the District will not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the District, nor will any Proposer be authorized to use the District's Tax Exemption Number in securing such materials.

18.0 CONFLICT OF INTEREST

18.1 All Proposers must disclose the name of any officer, director, or agent who is also an employee of the District. All Proposers must disclose the name of any District employee who owns, directly or indirectly, any interest in the Proposers' business or any of its branches.

18.2 All Proposers must list all and any affiliations they have with other firms. The proposal for any Proposer found to have an affiliation with other potential Proposers will be considered non-responsive and not be evaluated.

19.0 INSURANCE REQUIREMENTS

19.1 Proof of the following insurance will be furnished by the awarded Proposers to the District by Certificate of Insurance. All insurance must be issued by a company or companies approved by the District.

19.2 Original Certificates of Insurance meeting the specific required provision specified within this contract/agreement must be forwarded to the District’s, Purchasing Department, and approved prior to the start of any work or the possession of any school property. Renewal certificates must be forwarded to the same department prior to the policy renewal date.

19.3 Thirty (30) days written notice must be provided to the District via certified mail in the event of cancellation. The notice must be sent to the Purchasing Department.

19.4 The awarded Proposer(s) must provide complete copies of any insurance policy for required coverage within eleven (11) days prior to the Board approval date referenced in this solicitation.

19.5 Failure to submit the required insurance documentation does not relieve the awarded Proposer(s) of the obligation outlined in this section.

19.6 Receipt of certificates or other documentation of insurance or policies or copies of policies by the District, or by any of its representatives, which indicate less coverage than required does not constitute

13 An Equal Opportunity School District Rev. 46 – 2/4/25 a waiver of the Proposer’s obligation to fulfill the insurance requirements herein.

A. WORKERS' COMPENSATION: Proposer(s) must comply with Chapter 440, Fla. Stats. (2024), Workers’ Compensation and Employees’ Liability Insurance with minimum statutory limits.

B. COMMERCIAL GENERAL LIABILITY: Awarded Proposer(s) shall procure and maintain, for the life of this contract/agreement, Commercial General Liability Insurance. This policy must provide coverage for death, bodily injury, personal injury, products and completed operations liability and property damage that could arise directly or indirectly from the performance of this agreement. It must be an occurrence form policy. THE SCHOOL BOARD OF MARION COUNTY, FLORIDA MUST BE NAMED AS AN

ADDITIONAL INSURED ON THE CERTIFICATE AND AN ENDORSEMENT FOR ADDITIONAL

INSURED PROVIDED FOR COMMERCIAL GENERAL LIABILITY INSURANCE.

The minimum limits of coverage must be $1,000,000 per occurrence, Combined, Single Limit for Bodily Injury Liability and Property Damage Liability.

C. BUSINESS AUTOMOBILE LIABILITY: Awarded Proposer(s) must procure and maintain, for the life of the contract/agreement, Business Automobile Liability Insurance issued by a company licensed in the state of Florida with a financial rating of A- or better. THE SCHOOL BOARD OF MARION COUNTY, FLORIDA

MUST BE NAMED AS ADDITIONAL INSURED ON THE CERTIFICATE AND AN ENDORSEMENT FOR

ADDITIONAL INSURED PROVIDED FOR BUSINESS AUTOMOBILE LIABILITY.

The minimum limits of coverage must be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage must be an "Any Auto" form policy. The insurance must be an occurrence form policy.

In the event the Proposer does not own any vehicles, the School Board will accept hired and non-owned coverage in the amounts listed above. In addition, the School Board will require an affidavit signed by the Proposer indicating the following:

{Company Name} does not own any vehicles. In the event we acquire any vehicles throughout the term of this contract/agreement, {Company Name} agrees to purchase "Any Auto" coverage as of the date of acquisition.

D. PROFESSIONAL LIABILITY: The awarded Proposer(s) must procure and maintain Professional Liability Insurance for the life of this contract/agreement, plus two years after completion. This insurance must provide coverage against such liability resulting from this contract. The minimum limits of coverage must be $500,000 with a deductible not to exceed $25,000. The deductible will be the responsibility of the Proposer. Professional liability policies must include an endorsement whereby the awarded Proposer holds harmless the District and each officer, agent and employee of the District against all claims, against any of them, for personal injury or wrongful death or property damage arising out of the negligent performance of professional services or caused by an error, omission or negligent act of the awarded Proposer or anyone employed by the awarded Proposer.

This policy must be continued or tail coverage provided for two (2) years after completion of the project.

20.0 INDEMNIFICATION / HOLD HARMLESS AGREEMENT

20.1 The Proposer indemnifies the District from any and all liability, loss or damage the District may suffer as a result of any claim, demand, cost, or judgment against it, related directly or indirectly to the performance of the Proposer’s obligations under the terms of this Contract. Said indemnity includes, but is not limited to, interest, court costs and attorney’s fees incurred by the District as a result of any action brought against it, as well as all attorney’s fees, court costs and any other costs incurred by the District in

14 An Equal Opportunity School District Rev. 46 – 2/4/25 establishing the right to indemnification and collecting any judgment against the Proposer. The Proposer is not required to indemnify the District for the proportion of liability a court determines is attributable to the negligence or willful misconduct of the District. The District agrees to notify the Proposer in writing within ten (10) days of receipt of any notice of any action against the District pertaining to this matter. Such notice will be by certified mail, return receipt requested, or by overnight courier. A notification will be deemed given on the date such notice is postmarked regardless of whether the Proposer actually received said notification. The Proposer further agrees in the event the court denies or reduces compensation to, or reimbursement of the District, Proposer will provide the District with the full amount of compensation or reimbursement requested in its statement of services.

21.0 PUBLIC RECORDS LAW

21.1 The District takes its public records responsibilities as provided under Chapter 119, Fla. Stats. (2024) and Article 1, Section 24 of the Florida Constitution, very seriously. If 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, Fla. Stats. (2024), the Florida Constitution or other authority, Proposer must also simultaneously provide the District with a separate redacted copy of its response. This redacted copy must contain the District solicitation name, number, and the name of the Proposer on the cover, and must be clearly titled “Redacted Copy.” The Redacted Copy must be provided to the District at the same time Proposer submits its response to the solicitation and must only exclude or obliterate those exact portions that are claimed confidential, proprietary, or trade secret. In compliance with §119.07(1)(e), Fla. Stat. (2024), Proposer must “state the basis for the exemption” that he/she “contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute.”

Proposer will be responsible for defending its determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. Further, Proposer shall protect, defend, and indemnify the District for any and all claims arising from or relating to Proposer’s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure.

The District will make no effort to verify whether or not the redacted material is exempt from Chapter 119, Fla. Stat. (2024). That determination is totally the responsibility of the Proposer.

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

21.2 PUBLIC RECORDS

a. To the extent that Proposer meets the definition of “contractor” under § 119.0701, Fla. Stats. (2024), and in addition to other contract requirements provided by law, the Proposer agrees that it is acting as a contractor on behalf of the District as provided under § 119.0701(a) Fla. Stats (2024) and as such it will comply with Florida’s Public Records Law. Specifically, Proposer agrees that it will:

i. Keep and maintain public records that ordinarily and necessarily would be required by School Board in order to perform the services performed by the Proposer under contract;

ii. Upon request from the School Board’s custodian of public records, provide the School Board with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in § 119, Fla. Stats. (2024) or as otherwise provided by law;

15 An Equal Opportunity School District Rev. 46 – 2/4/25

iii. Ensure the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the School Board;

iv. Upon completion of the contract, transfer, at no cost, to School Board all public records in possession of the Proposer or keep and maintain public records required by the School Board to perform the service. If the Proposer transfers all public records to the School Board upon completion of the contract, the Proposer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Proposer keeps and maintains public records upon completion of the contract, the Proposer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to School Board, upon request from the School Board’s custodian of public records, in a format that is compatible with the information technology systems of the School Board.

b. IF THE PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER'S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE

CUSTODIAN OF RECORDS AT: PUBLIC RELATIONS AND COMMUNICATION

OFFICER: KEVIN CHRISTIAN, APR, CPRC, AT (352) 671-7555,

PUBLIC.RELATIONS@MARION.K12.FL.US OR IN PERSON AT 1614 E. FORT

KING STREET, OCALA, FLORIDA 34471.

22.0 PERMITS AND LICENSES

22.1 The Proposer(s) will be responsible for obtaining any necessary permits and licenses and will comply with laws, rules, and regulations whether state or federal and with all local codes and ordinances without additional cost to the District.

23.0 INTELLECTUAL PROPERTY RIGHTS

23.1 The Proposer(s) will indemnify and hold harmless the District from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or un-patented invention, process, article or work manufactured or used in the performance of the contract, including its use by the District. If the Proposer(s) uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright or any other intellectual property right, it is mutually agreed and understood without exception that the proposal prices will include all royalties of costs arising from the use of such design, device, or materials in any way involved in the work.

This article will survive the termination of any contract with the District.

24.0 COST INCURRED IN RESPONDING

24.1 All costs directly or indirectly related to proposal preparation, representation or clarification will be the sole responsibility of and be borne by the Proposer.

25.0 SUB-CONTRACTS

25.1 Nothing contained in this specification will be construed as establishing any contractual relationship between any sub-proposer(s) and the District.

16 An Equal Opportunity School District Rev. 46 – 2/4/25

25.2 The Proposer(s) will be fully responsible to the District for the acts and omissions of the subproposer(s) and their employees.

25.3 After award of contract, any changes in subcontractors or subproposers requires prior District written approval.

26.0 INDULGENCE

26.1 Indulgence by the District on any non-compliance by the Proposer does not constitute a waiver of any rights under this RFP.

27.0 JOINT PROPOSAL

27.1 In the event multiple Proposers submit a joint proposal in response to the RFP, a single Proposer must be identified as the Prime Proposer. If offering a joint proposal, Prime Proposer must include the name and address of all parties of the joint proposal. Prime Proposer shall provide all bonding and insurance requirements, execute any Contract, complete the REQUIRED RESPONSE FORM shown herein, and have overall and complete accountability to resolve any dispute arising within this contract.

Only a single contract with one Proposer will be acceptable. Prime Proposer responsibilities will include, but not be limited to, performing of overall contract administration, preside over other Proposers participating or present at District meetings, oversee preparation of reports and presentations, and file any notice of protest and final protest as described herein. Prime Proposer must also prepare and present a consolidated invoice(s) for services performed. The District will issue only one check for each consolidated invoice to the Prime Proposer for services performed. Prime Proposer will remain responsible for performing services associated with response to this RFP.

28.0 PUBLIC ENTITY CRIMES

28.1 A 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, may not submit a RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP’s 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 threshold amount provided in § 287.017, Fla. Stat. (2024) for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

28.2 The Proposer(s) certifies by submission of this RFP, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department/agency.

28.3 The Proposer(s) further certifies that neither it nor its principals have, within the five-year period before this contract, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public…