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HomeMy WebLinkAboutRFP - 10032 Benefits - Pharmacy ProgramRFP 10032 Benefits – Pharmacy Program Page 1 of 16 f REQUEST FOR PROPOSAL 10032 BENEFITS – PHARMACY PROGRAM RFP DUE: 3:00 PM MT (Mountain Time), August 9, 2024 The City of Fort Collins is requesting proposals from qualified Service Providers to administer the City's pharmacy benefit program . As part of the City’s commitment to sustainability , proposals must be submitted electronically. The City prefers for proposals to 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. However, the City recognizes that not all interested Service Providers utilize this type of platform; so, for this RFP only, the City will also accept proposals submitted via email to purchasing@fcgov.com . 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 July 29, 2024. Please format your e-mail to include: RFP 10032 Benefits – Pharmacy Program 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): 948-72 Pharmaceutical Services 948-74 Professional Medical Services (including Physicians, Pharmacists and All Specialties) 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 entered 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 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 10032 Benefits – Pharmacy Program Page 2 of 16 discrimination proceeding. 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 Provider 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 RFP 10032 Benefits – Pharmacy Program Page 3 of 16 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. 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 10032 Benefits – Pharmacy Program Page 4 of 16 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Service Providers to administer the City's pharmacy benefit program . B. Background The City's current self -funded plan is administered by UMR. Coverage includes a PPO & HDHP plan. The pharmacy program is currently administered by Express Scripts through RxBenefits. The medical plan has as of May 2024 1,961 employees covered, with a total of 4,263 plan members. The PPO plan includes a 4 tier structure with copays set at $10 / $30 / $50 / $100 for retail prescriptions and $25 / $75 / $125 for mail order. The HDHP plan includes the same copays once the deductible is met. A plan summary outlining the current pharmacy program is included in the RFP documentation. C. Claim Report and Plan Summary Attachments Due to the confidential nature of the City’s c laim report and benefit plan documents, that information is not included in this publicly posted RFP document. Interested Service Providers may obtain these documents by completing the Confidentiality/Non-Disclosure Agreement included in Section VI 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. II. SCOPE OF PROPOSAL A. Scope of Work The City is seeking proposals for administration of the pharmacy plan. The City believes that an essential factor in managing the cost, service and quality balance is the relationship with each of its business partners. The City will consider the selected Service Provider an active partner in assuring employee satisfaction. In addition to the plan provisions set forth in the attachments, the City has specific Service Provider requirements required to support its day -to-day operations. 1. Account Management The account executive and service representative(s) will deal directly with the City. This role 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) RFP 10032 Benefits – Pharmacy Program Page 5 of 16 - 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. 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 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. B. 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: July 15, 2024 • Question deadline: 3:00 PM MT on July 29, 2024 • Final Addendum Issued: August 2, 2024 • Proposal due date: 3:00 PM MT on August 9, 2024 • Interviews (tentative): End of August/Early September 2024 • Award of Contract (tentative): September 2024 • Plan Effective Date: January 1, 2025 C. 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 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. D. Laws and Regulations The Service Provider agrees to comply fully with all applicable local, State of Colorado RFP 10032 Benefits – Pharmacy Program Page 6 of 16 and Federal laws and regulations. E. 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. Payments will be made using the prices stated in the Work Order and Agreement. In the event a service is requested which is not stated in the Work Order and/or 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 Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Acknowledgement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. Service Providers are required to complete the RFP Template included in this posting. 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. Responses must include all the items in the order listed below. It is suggested that the Service Providers include each of the City’s questions with their response. The City of Fort Collins shall not reimburse any firm 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. RFP 10032 Benefits – Pharmacy Program Page 7 of 16 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). C. Scope of Proposal 1. Complete the 10032 Pharmacy Program Overview document, which has been uploaded to BidNet as a separate Microsoft Excel file. 2. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider. 3. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 4. Briefly describe the approach to execute the scope of work to include the methods and assumptions used, and any exceptions and/or risks. 5. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 6. Identify what portion of work, if any, may be subcontracted or outsourced to subconsultants. Include all applicable information herein requested for each Service Provider. 7. Can the program be ready by the January 1, 2025 effective date? 8. Provide an outline of the schedule for onboarding and implementation for the January 1, 2025 effective date. 9. Are other qualified personnel available to assist in meeting the project schedule if required? D. Firm Capability and Assigned Personnel 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 subconsultants with titles and their specific task assignment for this Agreement shall be provided in this section. 2. Provide resumes for each professional and technical person to be assigned to the project, including partners, subconsultants, and subcontractors. Please limit resumes to one page. 3. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the services described above. 4. References. Provide a minimum of three similar projects with public agencies in the last 5 years that have involved the staff and subcontractors/subconsultants proposed to work on this project. Include the contact’s name, email, phone number and a brief description of the work . The Service Provider authorizes the City to verify any and all information contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information provided. 5. Provide any information that distinguishes Service Provider from its competition and any additional information applicable to this RFP that might be valuable in assessing RFP 10032 Benefits – Pharmacy Program Page 8 of 16 Service Provider’s proposal. E. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values. Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score. 1. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide examples along with any metrics used to measure success within your firm. 2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the prime Service Provider. Some examples are provided below: a. Environmental – Experience delivering projects / programs focused on environmental health priorities in the areas of climate resiliency, water quality and watershed protection, regulatory performance, management systems, air quality, renewable energy, sustainable building and design, construction materials management, and solid waste reduction. b. Economic – Experience working and delivering projects with an emphasis on strategic financial planning, job creation, business development, asset management, various project delivery methods, value engineering, regional partnerships, transparency, stakeholder engagement, strategic investments, aging infrastructure, repurposing of existing facilities, and competing financial priorities. c. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor supply chain, and how your firm has applied an equity lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff engagement. F. Cost In your response to this proposal, please provide the following: 1. Schedule of Rates: Provide a schedule of rates and fees. This fee schedule will be firm for at least one (1) year from the date of the Agreement. A fee schedule for subconsultants/subcontractors, if used, shall be included. G. 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. RFP 10032 Benefits – Pharmacy Program Page 9 of 16 H. 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, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category . WEIGHTING FACTOR CATEGORY STANDARD QUESTIONS 4.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the Scope of Work ? Is the proposed Administrative Services Agreement reasonable? Can the work be completed in the necessary time? Can the completion date be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 3.0 Firm Capability & Assigned Personnel Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on- time and in-budget? Has the firm successfully completed previous projects of this type and scope? 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 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day -to-day business operating processes and procedures? Does the firm demonstrate a commitment to all RFP 10032 Benefits – Pharmacy Program Page 10 of 16 three aspects (social, environmental, and economic) of the Triple Bottom Line (TBL) methodology of sustainability for this project and in their company value system as evidenced by their day -to-day business operating processes, practices and procedures? 2.0 Cost Does the proposal the required cost and fee information. Are the cost competitive? RFP 10032 Benefits – Pharmacy Program Page 11 of 16 V. ACKNOWLEDGEMENT This form may not be redlined and must be submitted with your proposal. Failure to adhere to these requirements may result in your proposal being rejected. 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 10032 Benefits – Pharmacy Program 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 10 days of notice of award. If contract is not completed and signed within 10 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 Provider 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 Providerss 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: RFP 10032 Benefits – Pharmacy Program Page 12 of 16 Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 4/2024 RFP 10032 Benefits – Pharmacy Program Page 13 of 16 VI. 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 10032 Benefits – Pharmacy Program (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: • 10032 Utilization Data 2023-24 • 10032 Current Prescription Benefit Coverages – PPO • 10032 Current Prescription Benefit Coverages - HDHP 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 Official Purchasing Document Last updated 4/2024 RFP 10032 Benefits – Pharmacy Program Page 14 of 16 obligation of the Parties. 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 RFP 10032 Benefits – Pharmacy Program Page 15 of 16 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 RFP 10032 Benefits – Pharmacy Program Page 16 of 16 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