Loading...
HomeMy WebLinkAboutRFP - P1129 FLEXIBLE SPENDING ACCOUNT ADMINISTRATORa City of Fort Collins i ADDENDUM No. 1 Financial Services Purchasing Division 215 N. ;Mason St. 2"" Floor PO Box 580 Fon Collins, CO 90522 970.221.6775 970,221,6707 fagot"Con./purchn.ring SPECIFICATIONS AND CONTRACT DOCUMENTS Description of RFP: P1129 Flexible Spending Account Administrator OPENING DATE: 3:00 P.M. (Our Clock) June 16, 2008 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. Questions and Answers: 1. How many open enrollment or benefit fair events does the City normally conduct each year? • One Health Fair at the end of September • One open enrollment event end of October/beginning of November • Approx. 15 meetings 2. Who is the City's current flexible spending account administrator? PayFlex Systems USA 3. What fees are currently charged to the City for the performance of all flexible spending account related services and does the current pricing structure include both plans? Current Monthly Record Keeping Fees: > Base Fee $39.90 per Participant per month > Spending Account $3.09 per Participant per month INCLUDES BOTH MEDICAL AND DEPENDENT CARE PLANS 4. What is the pricing for the current pre -paid debit card? Maximum annual fee $20. Fee is paid by participant 5. Does the City pay 100% of fees associated with the flexible spending account program or are some charges paid directly by participating employees? City pays 3000/6 of vendor fees, employee pays for debit card 6. How does the City currently fund the debit card, direct deposit, and conventional check provisions of the flexible spending account program? See answer to question #3 7. Does the City currently provide all enrolled flexible spending account participants with a debit card, or does the City allow enrolled participants to select whether or not they wish to have a flexible spending account debit card? City allows enrolled participants to select whether or not they wish to have a flex spending account debit card. If activated, the fee applies. whero rent.wal is a way of lift, P1129 Flexible Spending Account Administrator I. BACKGROUND The City of Fort Collins ("The City") currently provides a Flexible Spending Account Medical and Dependent Care benefit to approximately 1384 active employees. Approximately 509 employees participate in the Medical Flexible Spending Account and approximately 53 employees participate in the Dependent Care Flexible Spending Account. The maximum annual contribution for Health Care is $5,000 per 12-month Plan Year. The maximum annual contribution for Dependent Care is $5,000 per 12-month Plan Year of if the employee is married and files a separate income tax return, contribution amount is up to $2,500 per 12-month Plan Year. Minimum Contributions to either the health care or dependent care FSA is $120.00 per 12-month Plan Year. Plan Year is defined as January 1 — December 31 of each year. The City of Fort Collins did not adopt the definition of 14'/z months as it's Plan Year. Currently, active employee deadline to file claims is March 315` following the end of the plan year, or earlier if the account balance is exhausted. Terminated employees may file reimbursement claims only for charges incurred on or before your termination date but while you were a participant; such claims must be filed within 90 days following your employment termination date. Newly hired employees may elect to participate within thirty days of becoming eligible for group insurance which is the first day of the month following completion of 30 calendar days of continuous service. Terminated employees have 90 days to submit claims incurred on or before their termination date. 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 view the selected vendor as an active partner in assuring employee satisfaction. The City current uses a vendor that offers the debit card option, online account access for both the employer and the employee, and direct deposit. The debit card option and online account access are essential services that must be offered by any vendor that would partner with the City. Direct deposit is essential as well but if not offered as a service in 2008, must be able to offer the service in 2009, II. PROPOSAL PROCESS INFORMATION AND REQUIREMENTS The intent of this RFP is to confirm key information about specific proposers and receive financial proposals. 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 the 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 4 SA rev06/07 contract, if one is awarded to you. Under no circumstances are commissions related to The City's medical benefits payable to anyone in conjunction with this request. A. Confidentiality , All data included in this RFP and accompanying appendices, as well as any attachments, are proprietary to The City. It is for your exclusive use in preparing a proposal and must not be shared with any other firm or used for any other purpose. The use of The City's name in any way as a potential customer is strictly prohibited. B. Timetable The following is a proposed timetable developed for this project. You will be notified of any significant changes which might occur: Appendices sent to organizations that have returned Business Associate Agreements As agreements are returned to the City of Fort Collins Written questions due to the City June 2, 2008 Written proposals due to the City June 16, 2008 Finalist vendors notified June 27, 2008 Finalists interviews Week of July 14, 2008 Contract negotiations (completed) August 15, 2008 Plan effective date January 1, 2009 C. Response Format Your proposal must clearly indicate the name of the responding organization, as well as the name, address and telephone number of the primary contact at your organization for this proposal. Your proposal must include the contact name for local service and account management whom The City can call directly. Please submit your proposal no later than 3:00 p.m. (our clock) on June 16, 2008. Submit six (6) copies of your proposal to: If delivered: City of Fort Collins, Purchasing Reference: P1129 215 North Mason, 2nd Floor Fort Collins, Colorado 80524 If mailed: City of Fort Collins, Purchasing Reference: P1129 PO Box 580 Fort Collins, CO 80522-0580 Questions regarding this RFP are due to The City no later than June 2, 2008. A written response to substantive questions will be provided to all proposers. The City assumes no responsibility or liability for any costs you may incur in responding to this RFP, including attending meetings, site visits or negotiations. 5 SA rev06/07 D. Deviations from RFP Specifications All responses to the Request for Proposal must be prepared in accordance with the Proposal Requirements set forth in Section IV of this RFP. The City reserves the right to refuse any proposal not prepared according to the Proposal Requirements of Section VI. 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 network administration. The City may, at its discretion, authorize Mercer to negotiate with any proposer on its behalf. The City shall not be bound to accept the proposal with the lowest price. The RFP may be amended or revoked at anytime prior to final execution of an Agreement by The City. Any deviations from this RFP must be clearly explained in your proposal. These deviations are to be delineated as instructed in the Proposal Requirements as set forth in Section IV of this RFP. It is intended that you 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. Your company will be bound to comply with the provisions set forth in this RFP unless any and all deviations are explicitly stated in your proposal. E. Miscellaneous The City shall not infringe upon any intellectual property right of any vendor, but specifically reserves the right to use any concept or methods contained in the proposal. Any desired restrictions on the use of information contained in the proposal should be clearly stated. 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. The City may use Mercer Human Resources Consulting to review the proposals. Neither The City nor Mercer shall be under any obligation to return any materials submitted in response to this RFP. The City expects to enter into a written Agreement (the "Agreement") with the chosen vendor ("Chosen Vendor") that shall incorporate this RFP and your proposal. The anticipated terms and conditions of the Agreement are set forth in this RFP; however, The City may include additional terms and conditions in the Agreement as deemed necessary. SA rev06/07 IV PROPOSAL SUBMITTAL A. Proposal Requirements Your response should be organized into the following sections: Section I Executive Summary Section II Proposal compliance letter (A letter signed by an authorized officer of your organization signifying your proposal's complete compliance with the RFP specifications, except as specifically noted in the appropriate sections) Section III Questionnaire Responses Section IV Financial Exhibits Section V Items Included with Proposal (these items should be indexed) QUESTIONNAIRE Instructions: This section is to request additional information for evaluating services you provide that would best meet The City's needs. All explanations should be labeled and tabbed in the response to the RFP. If you are unable to answer a question, please indicate why you cannot. If you are unwilling to disclose particular information asked in a question, please indicate why you will not respond. General Administration 1. What is the core business you administer? 2. How long have you been administering FSA plans? 3. What is your target market size, and what size groups do you work with? FSA Administration — General 1. What format do you use for accepting claims (web, email, fax, mail)? 2. Will you provide reimbursements by either check or direct deposit? Can each participant elect one or the other? Is there an additional charge for either process? What is the turn around time for reimbursement if by check? direct deposit? 3. What is the minimum amount of FSA reimbursement you will process? 4. What is the turn around time for reimbursement if debit card is not used? 5. Will you provide discrimination testing for FSA plans? Indicate if there are any additional charges. 6. Will you and can you administer the City's FSA plan per our plan document versus a standardized plan document you may have for your clients? SA rev06/07 FSA Administration — Debit Card 1. Are debit cards automatically sent to ALL participants or does the participant need request a card? How long does it take to get a card? Are the debit cards already activated when mailed? 2. Is there is a charge for the card? Who pays the charge, the employer or the employee? If so, how much? 3. Can participants request additional cards for their spouse or dependent(s)? If so, is there a charge for additional cards? 4. Can the participant pay for the debit card out of their FSA account? If so, when will it be deducted from their account? 5. When is the card issued for new employees? 6. What is the year-end process for de -activating and/or issuing/re-issuing new cards? 7. Can participants opt out of receiving the card? 8. What is the process for canceling the debit card if it is lost or stolen? Customer Service/Account Management 1. Please provide the location of the customer service unit that would be assigned to the City. Will there be a dedicated person assigned to the City? 2. What are the proposed days and hours of operation staffed by live customer service representatives for the customer service unit? 3. What type of training do your Representatives go through to ensure quality service? 4. Please provide the number of staff members employed full time within the company. What is the ratio of your customer service representatives to the number of clients you service? 5. Do you provide a 24-hour toll -free number and/or website access for employee questions or access to their account, submit claims, etc.? 6. Please provide the most recent calendar year results for the administration office that will be administering our client's claims for: Average speed of answer Call abandonment rates Total number of calls received 7. How is an employee notified of an ineligible reimbursement? How is the ineligible reimbursement reconciled? 8. How often do you send participants "requests for documentation"? Implementation Services 1. Describe your overall account management services during the implementation 2. Provide a copy of your proposed implementation timetable with a January 1, 2009 implementation date. 3. Will a Client Administration Manual will be included with implementation? 4. What, if any, are your implementation costs? Data Reporting Capabilities 1. Do you require Social Security # or can you accept alternate ID #s? 2. What data is required from an employer initially and on a bi-weekly basis to maintain your account systems for open enrollment, new hires, terminations, etc.? SA rev06/07 3. In what format can you receive and transmit eligibility data including additions and deletions? 4. Please submit a copy of your file format specifications for electronic transmissions. 5. Do you have any limitations with electronic payroll systems? Please describe your technology capabilities. 6. Describe the security parameters for your systems both for the employer and the employees (ex: passwords). Do you require an email address for online access? 7. What is your timeframe for receiving annual open enrollment processing dates? 8. Can your systems accommodate the 14'/2 month eligible reimbursement extension? 9. Does the City have the capability to view our participant's claim and transaction status online? 10. Are you able to furnish reports or electronic files for payment status? How often? What is included in these reports? Please provide a sample. 11. Do you provide employer and employee statements if no online or phone access available? What do your statements look like? Please provide a sample. Communications 1. Do you provide any of the following (provide samples of materials, reimbursement statements, etc.): Plan Documents Summary Plan Description Enrollment kits Claim forms Explanation of Benefits/Statements Other communication materials Is there an additional charge for any of these services? 2. Are you available and willing to attend open enrollment meetings? Is there an extra cost? 3. Do you have a "new member" kit available for new enrollees during the year? 4. Are we able to tailor new member kit materials to our specifications? Quality Assurance/Compliance/Financial 1. Describe your quality control and audit procedures. 2. Please confirm that your organization administers all programs according to all federal laws. How do you stay informed of and implement changes to reflect the laws/regulations? 3. Will you provide the City (not participants/employees) with legislative updates? If so, how do you obtain this information and how do you disseminate it to the City? 4. What amount of general professional and liability insurance do you maintain? 5. What is your rate guarantee? Are you willing to provide rate caps if you cannot provide a multi -year rate guarantee? 6. Provide an outline of your performance guarantees. 7. Provide a minimum of 3 references. SA rev06/07 REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates 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? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Do the proposed cost and work hours compare Work Hours favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Have the firm done previous projects of this type and scope? iGl SA rev06/07 Reference evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? it SA rev06/07 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence , and shall continue in full force and effect until , unless sooner terminated as herein provided. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins Attn: Purchasing PO Box 580 Service Provider: 12 SA rev06/07 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting of pages, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 13 SA rev06/07 8. Independent of transactions handled through the debit card, how often are reimbursements currently paid through the City's flexible spending account program? Usually within 3 business days after receiving the proper claim forms and supporting documentation 9. Does the City offer any other Section 125 related, tax qualified benefits like adoption assistance or transit/parking programs in addition to the healthcare and dependent care flexible spending account programs? If so, how are these programs currently administered for the City? City does not offer adoptions assistance or transit/parking programs 10. Could we be provided with a brief summary or overview of health insurance options available to the City's employees (i.e. number of carriers and types of plans available)? One carrier- Currently offer 2 PPO plans with co -pays for office and specialist visits. Additional information may be supplied at a later date to finalist 11. Has the City experienced any quality of service issues with the present administration of the flexible spending account benefit? Yes. City is somewhat dissatisfied with services currently being provided. 12. Why is the City of Fort Collins having an RFP after going through this just a few years ago? Want to review other vendor services, including customer services 13. Is Mercer going to also be bidding on the RFP or are they only consulting for you? No, Mercer is our benefits consultant 14. Regarding IV. Questionnaire; Customer Service/Account Management: Question 8 asks how often do you send participants requests for documentation. Is this question referencing the FSA debit card? References Administrator's audit procedures when using the debit card. RFP response must include how often you ask participants to provide receipts for proof of purchase. 15. For what length of time is the awarded vendor expected to be onsite for open enrollment meetings? Not expected, City wondering if it is an available service. Length of time varies depending on the number of meetings. 16. Is the awarded FSA vendor to be responsible for COBRA administration for the healthcare FSA program? Or will the City's current COBRA administrator provide this service? Not responsible for COBRA 17. What is the current administrative fee? Debit card fee? Any other annual or recurring fees? See Answer to Question #3 18. Will you be requiring "run in claims" services? See Answer to Question #19. 19. City's plan allows employees to submit reimbursement requests after January 1 for expenses incurred during your current plan year. If you change administrators on January 1, would you want the new administrator to process those requests? If you do that is considered "run in claims". If you don't then your current administrator would process those remaining claims during the run out period you have chosen for your plan. 10. Warranty (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, 14 SA rev06/07 employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 15 SA rev06/07 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: a. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to confirm the employment eligibility of all newly hired employees. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. G. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. d. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. 16 SA rev06/07 e. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. f. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. g. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. In . The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. 17 SA rev06/07 18 SA rev06/07 CITY OF FORT COLLINS, COLORADO a municipal corporation By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney By: PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: CORPORATE SECRETARY (Corporate Seal) SA rev06/07 19 INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 20 Exhibit "D" CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, including but not limited to confidential employee records; (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City); and (c) health information of City employees, including but not limited to medical records . The Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. 21 As of right now, City believes that the current vendor would process all 2008 claims in January - March of 2009. This would need to be verified later before a final candidate is chosen. 20. We need a census of all employees and a copy of the current plan designs, rates and contributions. Flexible Spending Account Plan participant numbers were provided in the first paragraph of the RFP. The contribution levels (plan design) for the Flexible Spending Account Plan were also included in the RFP. This Request for Proposal ONLY for administrator of the City's Flexible Spending Account Program; not medical, dental, life, etc. Please contact David M. Carey, CPPB, C. P. M., Buyer at (970) 416-2191 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. where renewal is a way of life City of Fort Collins ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St. 2'"' Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970,221.0707 fcgov,cour/1nu chasing Description of RFP: P1129 Flexible Spending Account Administrator OPENING DATE: 3:00 P.M. (Our Clock) June 16, 2008 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. Questions and Answers: 1. How many open enrollment or benefit fair events does the City normally conduct each year? • One Health Fair at the end of September • One open enrollment event end of October/beginning of November • Approx. 15 meetings 2. Who is the City's current flexible spending account administrator? PayFlex Systems USA 3. What fees are currently charged to the City for the performance of all flexible spending account related services and does the current pricing structure include both plans? Current Monthly Record Keeping Fees: > Base Fee $39.90 per Participant per month > Spending Account $3.09 per Participant per month INCLUDES BOTH MEDICAL AND DEPENDENT CARE PLANS 4. What is the pricing for the current pre -paid debit card? Maximum annual fee $20. Fee is paid by participant 5. Does the City pay 100% of fees associated with the flexible spending account program or are some charges paid directly by participating employees? City pays 100% of vendor fees, employee pays for debit card 6. How does the City currently fund the debit card, direct deposit, and conventional check provisions of the flexible spending account program? See answer to question #3 7. Does the City currently provide all enrolled flexible spending account participants with a debit card, or does the City allow enrolled participants to select whether or not they wish to have a flexible spending account debit card? City allows enrolled participants to select whether or not they wish to have a flex spending account debit card. If activated, the fee applies. where: renewal is a way of life, 8. Independent of transactions handled through the debit card, how often are reimbursements currently paid through the City's flexible spending account program? Usually within 3 business days after receiving the proper claim forms and supporting documentation 9. Does the City offer any other Section 125 related, tax qualified benefits like adoption assistance or transit/parking programs in addition to the healthcare and dependent care flexible spending account programs? If so, how are these programs currently administered for the City? City does not offer adoptions assistance or transit/parking programs 10. Could we be provided with a brief summary or overview of health insurance options available to the City's employees (i.e. number of carriers and types of plans available)? One carrier- Currently offer 2 PPO plans with co -pays for office and specialist visits. Additional information may be supplied at a later date to finalist 11. Has the City experienced any quality of service issues with the present administration of the flexible spending account benefit? Yes. City is somewhat dissatisfied with services currently being provided. 12. Why is the City of Fort Collins having an RFP after going through this just a few years ago? Want to review other vendor services, including customer services 13. Is Mercer going to also be bidding on the RFP or are they only consulting for you? No, Mercer is our benefits consultant 14. Regarding IV. Questionnaire; Customer Service/Account Management: Question 8 asks how often do you send participants requests for documentation. Is this question referencing the FSA debit card? References Administrator's audit procedures when using the debit card. RFP response must include how often you ask participants to provide receipts for proof of purchase. 15. For what length of time is the awarded vendor expected to be onsite for open enrollment meetings? Not expected, City wondering if it is an available service. Length of time varies depending on the number of meetings. 16. Is the awarded FSA vendor to be responsible for COBRA administration for the healthcare FSA program? Or will the City's current COBRA administrator provide this service? Not responsible for COBRA 17. What is the current administrative fee? Debit card fee? Any other annual or recurring fees? See Answer to Question #3 18. Will you be requiring "run in claims" services? See Answer to Question #19. 19. City's plan allows employees to submit reimbursement requests after January 1 for expenses incurred during your current plan year. If you change administrators on January 1, would you want the new administrator to process those requests? If you do that is considered "run in claims". If you don't then your current administrator would process those remaining claims during the run out period you have chosen for your plan. As of right now, City believes that the current vendor would process all 2008 claims in January - March of 2009. This would need to be verified later before a final candidate is chosen. 20. We need a census of all employees and a copy of the current plan designs, rates and contributions. Flexible Spending Account Plan participant numbers were provided in the first paragraph of the RFP. The contribution levels (plan design) for the Flexible Spending Account Plan were also included in the RFP. This Request for Proposal ONLY for administrator of the City's Flexible Spending Account Program; not medical, dental, life, etc. Please contact David M. Carey, CPPB, C. P. M., Buyer at (970) 416-2191 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. where renewal is a way of life, REQUEST FOR PROPOSAL P1129 Flexible Spending Account Administrator Written proposals, six (6) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), June 16, 2008. Proposal No. P1129. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager Amy Sharkey, (970) 416-2721, email: asharkey@fcgov.com Questions regarding proposals submittal or process should be directed to David Carey, CPPB, Buyer, (970) 416-2191, email: dcarey@fcgov.com A copy of the Proposal may be obtained as follows Download the Proposal/Bid from the BuySpeed Webpage, www.fogov.com/elDrocurement 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. 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. rev 01/08 The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management where; renewal is a way of life; To participate in the RFP process vendors need to sign and return this Business Associate Agreement. BUSINESS ASSOCIATE AGREEMENT- SECURITY STANDARDS This agreement is entered into between and the City of Fort Collins. Business Associate agrees that it will implerr creation, receipt, maintenance, or transmiss ("ePHI") on behalf of the City of Fort Collir physical, and technical safeguards required to under the Security Standards 45 CFR Part 164. (Business Associate) Ent policies and procedures to ensure that its m of electronic protected health information > complies with the applicable administrative, protect the confidentiality and integrity of ePHI Business Associate agrees that it will ensure that agents or subcontractors agree to implement the applicable administrative, physical, and technical safeguards required to protect the confidentiality and integrity of ePHI under the Security Standards 45 CFR Part 164. Business Associate agrees that it will report security incidents to the City of Fort Collins, Security Manager. in CG 0011 ►iO/_nM TITLE Please return to: Date: City of Fort Collins Attn: Purchasing-RFP PO Box 580 Ft. Collins, CO 80522 City of Fort Collins Flexible Spending Account Administrator SA rev06/07