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HomeMy WebLinkAbout9978 Benefits – Vision AdministratorRFP 9978 Benefits – Vision Administrator Page 1 of 20 REQUEST FOR PROPOSAL 9978 BENEFITS – VISION ADMINISTRATOR RFP DUE: 3:00 PM MT (Mountain Time), June 5, 2024 The City of Fort Collins is requesting proposals from qualified Service Providers to provide a Vision Care Third Party Administrator Service benefit plan for City employees. As part of the City’s commitment to sustainability , proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city -of -fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. All questions should be submitted, in writing via email, to Beth Diven, Buyer II at bdiven@fcgov.com, no later than 3:00 PM MT on May 21, 2024. Please format your e-mail to include: RFP 9978 Benefits – Vision Administrator in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by BidNet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city -of -fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 948-07 Administration Services, Health 948-48 Health Care Services (Not Otherwise Classified) 948-68 Optician/Optometrical Services (Non-Physician) Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract enter ed into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 9978 Benefits – Vision Administrator Page 2 of 20 The City requires its Service Providers to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Service Providers and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Service Providers may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service Providers may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Service Providers hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Service Providers Registration: The City requires new Service Providers receiving awards from the City to submit IRS form W-9 and requires all Service Providers to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. RFP 9978 Benefits – Vision Administrator Page 3 of 20 The selected Service Provider shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document). Sincerely, Gerry Paul Purchasing Director RFP 9978 Benefits – Vision Administrator Page 4 of 20 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Service Providers to provide Vision Care Third Party Administrator Services for City’s employee benefit plan. Services are to be fully insured and completely employee paid. The intent of this RFP is to confirm key information about specific proposers, receive financial proposals and (where applicable) identify network access compatibilities with the City’s employees. The following describes the anticipated proposal process, including confidentiality, timing, expected response format and requirements for interaction regarding questions. Please note that the City reserves the right to accept or reject any and all proposals, to waive any technicalities or irregularities therein, to award contracts, or to withdraw this request for proposal without awarding a contract. Your response to this RFP and any subsequent correspondence related to this proposal process will be considered part of the technical offer and may be incorporated into the contract if one is awarded to you. Under no circumstances are commissions related to the City’s benefits payable to anyone in conjunction with this request. The City’s Benefits Consultant, HUB International, will be assisting the City during the RFP process and throughout the term of the resulting Agreement. B. Census Data Due to the confidential nature of the City’s census data, that information is not included in this publicly posted RFP document. Interested Service Providers may obtain the census data by completing the Confidentiality/N on-Disclosure Agreement included in Section VII and emailing said agreement to bdiven@fcgov.com . Upon receipt of the executed Agreement, the census data and a copy of the fully executed Agreement will be emailed directly to the Service Provider. C. Miscellaneous The City shall not infringe upon any intellectual property right of any Service Provider, but specifically reserves the right to use any concept or methods contained in any responses to this RFP. Any desired restrictions on the use of information contained in the proposal must be clearly stated. Subject to the Colorado Open Records Act C.R.S. §§ 24-72-200.1 et seq. (“CORA”) responses containing your proprietary data shall be safeguarded with the same degree of protection as the City’s own proprietary data. All such proprietary data contained in your proposal must be clearly identified. Failure to respond due to the proprietary nature of data in your response may be construed as non-responsive and could result in disqualification. The City shall not be under any obligation to return any materials submitted in response to this RFP. The City’s contractual selection of a Service Provider is final. The methodology by which the proposals are evaluated is described herein. Specific evaluation scores and notes are confidential and proprietary to the City. The City will enter into a written Agreement (Agreement) with the awarded Service Provider. The City anticipates using the awarded Service Provider’s Agreement form. The City reserves the right to negotiate the final terms and conditions of the Agreement with RFP 9978 Benefits – Vision Administrator Page 5 of 20 the awarded Service Provider. II. SCOPE OF PROPOSAL A. Overview The City provides employee benefits to approximately 1,800 active employees. The City believes that an essential factor in managing the cost/service/quality balance is the relationship with each of its business partners. The City will review the selected Service Provider as an active partner in assuring employee satisfaction. The City intends to replicate current plan provisions below . Service Provider’s answers must be responsive to the current plan design and questions posed; otherwise, your organization may be deemed non-responsive and disqualified from consideration. If the Service Provider is unable to administer the plans as written, it must clearly specify where Service Provider’s response deviates from current plan design. RFP 9978 Benefits – Vision Administrator Page 6 of 20 B. Scope of Services In addition to the plan provisions set forth above, the City has specific Service Provider requirements required to support its day -to-day operations. 1. Specific Requirements a. Account Management The account executive and service representative(s) will deal directly with the City. This environment requires the account management team to:  Be able to devote the time necessary to the account, including being available for frequent telephone and on-site consultations with the City;  Respond to all calls within one (1) business day;;  Be comprised of individuals with specialized knowledge of the City’s contract plan provisions and proposing company’s: - Claims and Eligibility Systems - Provider Networks (where applicable) - Systems Reporting Capabilities - Claims Adjudication Policies and Procedures - Administrative Services Contract Wording - Standard and Non-Standard Banking Arrangements - Relationships with Third Parties;  Be thoroughly familiar with virtually all of the proposing company’s functions that relate directly or indirectly to the account;  Act on behalf of the City in “cutting through the red tape”. This facet of account management cannot be emphasized enough; the account management team must be able to effectively advance the interests of the City through the Service Provider’s corporate structure. b. Enrollment/Eligibility The City will provide initial enrollments electronically. The initial enrollment and updates will be provided directly to the selected Service Provider by the City. The parties will collaborate to ensure that the file provided by the City contains all fields required by the Service Provider and is in a mutually accessible format. The Service Provider will perform direct eligibility certification to providers and verify coverage as a part of the claims management and adjudication process. A quarterly reconciliation between payroll and eligibility will be required of the selected Service Provider. c. Fee Administration Selected Service Provider will invoice the City on a monthly basis. Claims and the administrative fee should be billed separately . d. Customer Service The selected Service Provider must make efficient and effective processing of all inquiries a primary focus. Satisfactory customer service will include prompt, RFP 9978 Benefits – Vision Administrator Page 7 of 20 courteous and accurate responses to the City and employee inquiries regarding claim submissions, applicable provider networks, plan design and provisions, etc. A toll free number should be available for eligibility certification and claim submission inquiries. e. Financial Accounting On a monthly basis, the selected Service Provider must provide an account reconciliation of any “central bank” accounts utilized. The selected Service Provider must provide a quarterly written report detailing all administrative expenses charged outside the Agreement. The selected Service Provider must present a report detailing and justifying proposed fees for the coming year by June 1st of the preceding year. f. Right to Audit The selected Service Provider must agree to allow the City, or its representative, the right to audit all claims, applicable provider credentialing, financial data and other information relevant to the City’s account. g. Data and Management Information Reporting The selected Service Provider must provide monthly paid claim summaries and detailed claim listings, preferably in Excel format or through a secure website. The Service Provider must also provide its standard reporting package. Ad hoc reports will periodically be requested. Enrollment, claims and premium/fee information must be accurate and supplied in a timely manner upon request. Describe online claim reporting and look -up capabilities that will be available to the City. h. “No Loss/No Gain” for Covered Employees It is critical that there will be no loss of coverage for any employees. Therefore, it is required that the proposal waives any “actively at work”, “dependent confinement”, or any other rules that would prevent 100% continuity of coverage for any employees or dependents that are currently covered under the plans. C. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: May 10, 2024 • Question deadline: 3:00 PM MT on May 21, 2024 • Final Addendum Issued: May 29, 2024 • Proposal due date: 3:00 PM MT on June 5, 2024 • Interviews (tentative): End of June 2024 • Award of Contract (tentative): Mid July 2024 • Plan Effective Date: January 1, 2025 D. Interviews In addition to submitting a written proposal, the top-rated Service Providers may be interviewed by the RFP assessment team and asked to participate in an oral presentation RFP 9978 Benefits – Vision Administrator Page 8 of 20 to provide an overview of the company , approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. Instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom. E. Subcontractors/Subconsultants Service Provider will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Service Provider; therefore, subcontractors and/or subconsultants will be the responsibility of the Service Provider. F. Laws and Regulations The Service Provider agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). G. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider each month following the submittal of a correct invoice by the Service Provider indicating at a minimum the project name, Purchase Order number, and total monthly cost. Payments will be made using the prices stated in the Agreement. In the event a service is requested which is not stated in the Agreement, the Service Provider and the City will negotiate an appropriate unit price for the service prior to the Service Provider initiating such work. The City pays invoices on Net 30 terms. III. PROPOSAL SUBMITTAL For this section, Service Providers are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Service Providers propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. All responses to this RFP must be prepared in accordance with the Proposal Submittal set forth in this Section III. The City reserves the right to refuse any proposal not prepared according to the Proposal Requirements detailed herein. The City retains the right to directly negotiate the finer points of your proposal that comply in spirit with this RFP and that satisfy the City’s objectives for effective, interactive and proactive claims and (where applicable) network administration. The City shall not be bound to accept the proposal with the lowest price. The RFP may be amended or revoked at any time prior to final execution of an Agreement by the City. Any deviations from this RFP must be clearly identified and explained in your proposal. Please do not deviate from the requested formats. It is intended that Service Provider s should conform to these specifications as much as possible. Do not quote alternative plan designs unless absolutely necessary. Please quote the requested financial arrangements only. RFP 9978 Benefits – Vision Administrator Page 9 of 20 Service Providers will be bound to comply with the provisions set forth in this RFP unless any and all deviations are explicitly stated in your proposal. The City of Fort Collins shall not reimburse any Service Provider for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Service Provider Information 1. Describe the Service Provider’s business and background. 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications. 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Section V, Acknowledgement. C. Scope of Proposal 1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. 2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. Include a description regarding how the analysis will be performed for the various identified areas identified, the methods and assumptions used, and the limitations of the analysis. 3. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 4. Identify what portion of work, if any, may be subcontracted. D. Firm Capability Provide relevant information regarding previous experience related to this or similar Projects, to include the following: 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and sub consultants with titles and their specific task assignment for this Agreement shall be provided in this section. 2. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the consulting services described above. RFP 9978 Benefits – Vision Administrator Page 10 of 20 3. References (current contact name, current telephone number and email address) from at least three similar projects with similar requirements that have been completed within the past five (5) years and that have involved the staff proposed to work on this project. Provide a description of the work performed. The Service Provider authorizes City to verify any and all information contained in the Service Provider’s submittal from references contained herein and hereby releases all those concerned providing inf ormation as a reference from any liability in connection with any information they give. E. Availability 1. Can the plan(s) be completed in the time frame required? 2. Can targeted effective date be met? 3. Are other qualified personnel available, if required, to assist meeting the plan(s) schedule? 4. Is the account management team available to attend meetings as required by the Project Manager? F. Cost and Work Hours The City is seeking an initial premium/administration cost that runs for at least 24 months (January 1, 2025 – December 31, 2026). Please confirm the time period applicable to your proposed rate/fee guarantees. 1. Provide your proposed rates and fees as specified. G. Questionnaire Included completed Vision Care Questionnaire, included herein as Section VI. H. Sample Agreement The City anticipates using the awarded Service Provider’s Agreement form. Service Providers should include a copy of their Administrative Services Agreement with their proposal for the City’s review. The City reserves the right to negotiate the final terms and conditions of the Agreement with the awarded Service Provider. I. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Service Provider has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Service Providers will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Service Providers may be conducted. The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, RFP 9978 Benefits – Vision Administrator Page 11 of 20 a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category . WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the City’s objectives and results desired from the plan(s)? Adherence to the services requested and described in the RFP? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully provide these services? Has the firm successfully managed similar plans of this type and scope? Does the firm demonstrate thoroughness in selecting providers and managing benefit plans? Does the firm actively seek to provide most appropriate level of service? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Availability Can the plan(s) be completed in the time frame required? Can targeted effective date be met? Are other qualified personnel available, if required, to assist in meeting the plan(s) schedule? Is the account management team available to attend meetings as required by the Project Manager? 2.0 Cost / Financial Effectiveness How competitive are the plan’s costs, rate guarantees and where applicable, provider’s contracts with area providers? RFP 9978 Benefits – Vision Administrator Page 12 of 20 V. ACKNOWLEDGEMENT Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP 9978 Benefits – Vision Administrator and sample Agreement except as otherwise noted. Additionally, Service Provider hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Service Provider’s knowledge and belief. b. Service Provider commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Service Provider further agrees that the method of award is acceptable. e. Service Provider also agrees to complete the proposed Agreement with the City of Fort Collins within 45 days of notice of award. If contract is not completed and signed within 45 days, City reserves the right to cancel and award to the next highest rated firm. f. Service Provider acknowledges receipt of addenda. g. Service Provider acknowledges no conflict of interest. h. Service Provider acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Service Providers may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service Providers may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Service Providers hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: RFP 9978 Benefits – Vision Administrator Page 13 of 20 Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 9978 Benefits – Vision Administrator Page 14 of 20 VI. QUESTIONNAIRE Program Overview The City makes available to eligible employees working 20 or more hours per week a Vision Care Plan. This plan is funded solely by employee contributions and is fully insured. The plan provides: • Vision exam: once every 12 months from last date of service; patient pays a $15 copay • Eye glasses: $15 copay • Lenses: once every 12 months from last date of service • Frames: once every 24 months from last date of service (allowance up to $185.00); OR • Contact Lenses: once every 12 months from last date of service; plan covers up to $185.00 of cost. • Polycarbonate lenses for children. • Lasik procedure available from participating certified provider at up to a 25% discount. • Services available from a participating provider, or any provider of your choice. Currently, 1096 employees are enrolled for coverage. Enrollment distribution between tiers of coverage is: Individual: 420 w/child(ren): 125 w/spouse: 274 w/family: 277 RFP 9978 Benefits – Vision Administrator Page 15 of 20 VISION CARE QUESTIONNAIRE Administrative Services Only 1. Do you agree to provide services to all employees/dependents enrolled as of January 1, 2025? 2. Will you agree to replicate each of the current plan’s provisions? If not, please list the specific provisions you will not replicate, along with the reason you elect not to replicate the provision(s). If you do not identify those specific provisions you cannot replicate and you are selected as the City’s vision services administrator, you may be required to make the necessary adjustments in order to achieve replication. Otherwise, your selection may become null and void. 3. What is your monthly premium rate by tier, expressed in terms of dollars per month, per employee? 4. For each geographic area in which you have a network applicable to employee population, provide the following information: • Geo-Access, using 2 vision providers in 10 miles; provide a map if available • Most recent participating provider directory and summary of the number of participating providers in each of the applicable areas (ophthalmologists, optometrists, opticians, etc.). Also provide the website where provider information can be found. 5. For each network, describe the specific measures used by your organization to monitor participating provider access. Provide the most recent corresponding statistics available for: • provider to member ratios • Average waiting period for an appointment 6. What percentage of your providers have limited their practice to current patients? 7. Please describe your credentialing procedures. 8. Will you provide a dedicated Representative for the City’s Human Resources Department with telephone number and email contact information? 9. What type of reimbursement/payment method is used to reimburse participating providers? Please provide a breakdown by method of review. 10. In addition to routine reimbursement and any withholding provisions, can your providers increase the total reimbursement received from your plan, e.g., by provider incentive programs? If so, please explain. 11. If provider discounts are used, state the basis of the agreement. Are discounts based on provider charges or actual cost of service? 12. Is there a formal committee that establishes quality assurance policies and reviews the results on a regular basis? 13. Do you capture all utilization data? RFP 9978 Benefits – Vision Administrator Page 16 of 20 14. What claims experience and utilization reports are available? If there is additional cost, please specify. 15. Describe patient satisfaction surveys that you perform. 16. Do you have an agreement that prohibits providers from billing or collecting from patients more than the designated coinsurance or co-payment in the plan design? 17. Please describe your method for calculating renewal rates. 18. Do you provide a toll-free number for employees to call with questions on claims, plan provisions or requests for vision referrals? 19. Do you provide a care line that employees can call with questions about proper levels of care? 20. Please certify that you are in compliance with HIPAA privacy regulations and include a copy of your privacy statement or policy. 21. What is your organization’s financial rating (e.g., Best & Co., S&P)? 22. Please provide program details and costs if the City were to add safety glasses to their vision offering. Official Purchasing Document Last updated 4/2024 Confidentiality/Non-Disclosure Agreement Page 17 of 20 VII. CONFIDENTIALITY/NON-DISCLOSURE AGREEMENT CONFIDENTIALITY/NON DISCLOSURE AGREEMENT THIS CONFIDENTIALITY/NON DISCLOSURE AGREEMENT (Agreement) is made and entered into this day of , 20 , by and between the City of Fort Collins, a Colorado municipal corporation (“City”) and , a [state of incorporation and business type - LLC, corporation, etc.], (Proposer) (collectively, the “Parties”). IN CONNECTION WITH an exploration of a potential business arrangement between the Parties as provided for in Request for Proposal 9978 Benefits – Vision Administrator (RFP), the Parties agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential information and other sensitive materials, as set forth below. 1. Definitions. For purposes of this Agreement, the party who owns the confidential information and is disclosing same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s confidential information shall be referenced as the “Receiving Party.” 2. Confidential Information. Confidential Information controlled by this Agreement refers to information which is not public and/or is proprietary. The Confidential Information is intended solely to aid the proposer in preparing their response to the RFP and includes the following: • Vision Census Data dated 4/24/24 To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless, Proposer shall treat as confidential, regardless of marking, all documents referenced above. 3. Use of Confidential Information. Upon execution of this Agreement, Proposer will be provided with Confidential Information relevant to RFP. This information is being provided by the City to the Proposer solely for the purpose of aiding the Proposer in preparing a proposal submittal for the RFP. Once the RFP process is completed and Proposer has been notified of the results, Proposer shall delete the Confidential Information and shall not use such information to obtain any economic or other benefit for itself, or any third party, other than in the performance of obligations under this Agreement. Generally, Proposer hereby agrees that it shall use the Confidential Information solely for the purpose of performing its obligations under this Agreement and not in any way detrimental to City. Proposer agrees to use the same degree of care the City uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the Confidential Information. Except as otherwise provided herein, Proposer shall keep confidential and not disclose Confidential Information. The City and Proposer shall cause each of their directors, officers, employees, agents, representatives, and subcontractors to become familiar with, and abide by, the terms of this section, whic h shall survive this Agreement as an on-going obligation of the Parties. Official Purchasing Document Last updated 4/2024 Confidentiality/Non-Disclosure Agreement Page 18 of 20 4. Exclusions from Definition. The term “Confidential Information” as used herein does not include any data or information which is already known to the Proposer or which before being divulged by the City (1) was generally known to the public through no wrongful act of the Proposer; (2) has been rightfully received by the Proposer from a third party without restriction on disclosure and without, to the knowledge of the Proposer, a breach of an obligation of confidentiality; (3) has been approved for release by a written authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement of a governmental agency or by operation of law. 5. Required Disclosure. If the Proposer is required (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the Parties agree the Proposer will provide the City with prompt notice of such request, so the Proposer may seek an appropriate protective order or waiver from the City for Proposer’s compliance with this Agreement. The Proposer shall furnish a copy of this Agreement with any disclosure. Notwithstanding paragraph 5, Proposer shall not disclose Confidential Information to any person, directly or indirectly, nor use it in any way, except as required or authorized in writing by the City. 6. Data Protection and Data Security . In addition to the requirements of paragraph 6, Proposer shall have in place information security safeguards designed to conform to or exceed industry best practices regarding the protection of the confidentiality, integrity and availability of Confidential Information and shall have written agreements requiring any subcontractor to meet those standards. These information security safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the safeguards desc ribed in this Agreement. a) Proposer’s information security safeguards shall address the following elements: • Data Storage, Backups and Disposal • Logical Access Control (e.g., Role-Based) • Information Classification and Handling • Secure Data Transfer (SFTP and Data Transfer Specification) • Secure Web Communications • Network and Security Monitoring • Application Development Security • Application Security Controls and Procedures (User Authentication, Security Controls, and Security Procedures, Policies and Logging) • Incident Response • Vulnerability Assessments • Hosted Services • Personnel Security Official Purchasing Document Last updated 4/2024 Confidentiality/Non-Disclosure Agreement Page 19 of 20 b) Subcontractors. Proposer may use subcontractors, though such activity shall not release or absolve Proposer from the obligation to satisfy all conditions of this Agreement, including the data security measures described in this Agreement, and to require a substantially similar level of data security, appropriate to the types of services provided and customer data received, for any subcontractor Proposer may use. Accordingly, any release of data, confidential information, or failure to protect information under this Agreement by a subcontractor or affiliated party shall be attributed to Proposer and may be considered to be a material breach of this Agreement. 7. Confidential Information is not to be stored on any local workstation, laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable devices unless the Proposer can ensure security for the Confidential Information so stored. Workstations or laptops to be used in the Work will be required to have personal firewalls on each, as well as have current, active anti-virus definitions. 8. The obligation not to disclose Confidential Information as set forth in this Agreement shall apply during the RFP process and any time thereafter unless specifically authorized by the City in writing. 9. If Proposer breaches this Agreement, in the City’s sole discretion, the City may immediately terminate this Agreement and withdraw Proposer’s right to access Confidential Information. 10. Notwithstanding any other provision of this Agreement, all material, i.e. various physical forms of media in which Confidential Information is contained, including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the City and, upon request, shall be promptly returned, together with all copies thereof to the City. Upon such return of physical records, all digital and electronic data shall also be deleted in a non-restorable way by which it is no longer available to the Proposer. Written verification of the deletion (including date of deletion) is to be provided to the City within ten (10) days after receipt of City’s notification of Proposer’s non selection, RFP process completion and subsequent notification of results by the City or otherwise. 11. Proposer acknowledges that the City may, based upon the representations made in this Agreement, disclose security information that is critical to the continued success of the City’s business. Accordingly, Proposer agrees that the City does not have an adequate remedy at law for breach of this Agreement and therefore, the City shall be entitled, as a non-exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of specific performance or any other remedy, from a c ourt of competent jurisdiction to enjoin or remedy any violation of this Agreement. 12. No act of omission or commission of either the City or Proposer, including without limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modification of the same. Such a waiver, release, or modification is to be affected only through a written modification to this Agreement. 13. This Agreement is to be construed in accordance with the laws of the State of Colorado. Venue and jurisdiction for any cause of action or claim asserted by either party hereto shall be in the District Court of Larimer County, Colorado. Official Purchasing Document Last updated 4/2024 Confidentiality/Non-Disclosure Agreement Page 20 of 20 IN WITNESS WHEREOF the Parties have executed this Agreement on the date first above written. Proposer: CITY OF FORT COLLINS By: By: Printed: Printed: Gerry Paul Title: Title: Purchasing Director