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HomeMy WebLinkAboutRFP - 7053 BENEFITS - LIFE AND DISABILITYFinancial Services City of Purchasing Division 215 N. Mason St. 2nd Floor Box 580 Coil!ns' Fort Collins, CO 80522 FoF6rt 970.221.61775 �Pu �ha 970.221.6707 in g fcgov. com/purchasing ADDENDUM No. 2 7063 Benefits — Insurance — Life and Disability SPECIFICATIONS AND CONTRACT DOCUMENTS Description of RFP: 7053 Benefits — Insurance — Life and Disability OPENING DATE: 2:00 P.M. (Our Clock) August 13, 2009 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. QUESTIONS AND ANSWERS: 1. Can you provide Claims information? STD Claims info was included in RFP. Three (3) files attached for LTD and Life. 2. Can we get copies of the current contracts and/or booklets for the Basic Life/AD&D, Supplemental Life/AD&D and LTD coverages? SPD's attached as three (3) separate files. 3. Can we get a copy of the final SPD for the self funded STD plan? SPD attached as a separate file. 4. For the Basic and Supplemental Life/AD&D, can we get the past 3 years (or more if possible) of paid premium and claims? Can we also get the current listing of waiver of premium claims? Attached as two (2) separate files. 5. For the LTD, can we get the past 3 years (or more if possible) of paid premium and claims? Can we also get the current open claim listing with gender, date of birth, and reserves? Attached as separate files. 6. Do the City employees on the plan participate in a PERS/STERS plan? If so, will you please supply a booklet? No. Section 2.0 Services to Be Provided In addition to the plan provisions set forth in the attachments, the City has specific vendor requirements needed to support its day-to-day operations. 2.1 Specific Requirements 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. Proposers who are not committed to serious account service will not receive serious consideration; ➢ Be extremely responsive; ➢ Be comprised of individuals with specialized knowledge of the 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 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 vendor's corporate structure. Enrollment/Eligibility The City will provide initial enrollments electronically or on paper. The initial enrollment and updates will be provided directly to the selected vendor(s) by the City. The selected vendor(s) 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 vendor(s). Fee Administration Basic and Supplemental Life/AD&D and Long Term Disability - fee/premium statements will be self -billed by the City. The City will calculate the fees/ premiums payable on a monthly basis and will submit these fees directly to the selected vendor(s). Voluntary Life/AD&D will invoice the City. The City may calculate the fee/premiums payable on a monthly basis and will submit these fees directly to the selected vendor(s). 0 Customer Service The selected vendor(s) must have as its primary focus, efficient and effective processing of all inquiries. Satisfactory customer service will include prompt, 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. • Financial Accounting On a monthly basis the selected vendor(s) must provide an accounting reconciliation of any "central bank" accounts utilized. The selected vendor(s) must provide a quarterly written report detailing all administrative expenses charged outside the Administrative Services Agreement. The selected vendor(s) must present a report detailing and justifying proposed fees for the coming year by September 1 sc of the preceding year. • Right to Audit The selected vendor(s) 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. Data and Management Information Reporting The selected vendor(s) must provide monthly paid claim summaries and detailed claim listings, preferably in Excel format or through a secure website. The vendor(s) 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. Please describe your online claim reporting and look -up capabilities that will be available to the City. "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 your 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. 7 Section 3.0 Evaluation The Request for Proposal (RFP) is intended to assess which vendors have the ability to meet The City's long-term goals and objectives as previously defined. The proposals will be evaluated per the review and assessment criteria listed below. 3.1 Evaluation and Assessment of Proposal An evaluation committee shall rank the interested firms based on their written proposals using the ranking system set forth below. Firms shall be evaluated on the following criteria: From 1 to 5, with 1 being a poor rating, 3 an average rating, and 5 an outstanding rating. Recommended weighing factors for the criteria are listed adjacent to the qualification. Weighting Qualification Standard Factor Does the proposal show an understanding of the City's 2.0 Scope of Proposal objectives and results desired from the plan(s)? Adherence to the services requested and described in the RFP. Do the personnel administering the plan(s) have the needed skills and experience? Are sufficient people of 2.0 Assigned Personnel the requisite skills assigned to the plan(s)? Quality of care and customer service. 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 1.0 Availability assist meeting the plan(s) schedule? Is the account management team available to attend meetings as required by the Project Manager? Is the firm interested in providing the services 1.0 Motivation requested in this RFP? Quality of responses to the RFP's Questionnaire sections. How competitive are the plan's costs, rate guarantees 2.0 Cost Financial and where applicable, provider's contracts with area Effectiveness providers? Experience managing similar plans of this type and 2.0 Benefit Management scope. Thoroughness in selecting providers and Capability managing benefit plans. Actively seek to provide most appropriate level of service? The City may, at its option, choose the highest ranked firm based on the written proposals or select up to three of the top rated firms for oral interviews. Based on results of the written evaluation, the City will select finalists for consideration. Any or all proposals may be rejected by the City. Finalists may be asked to make formal presentations of their proposals, as well as to demonstrate their systems and procedures for administering the City's plans. Site visits may take place at the finalists' home offices and/or the claims and administrative facility/facilities that would provide service to the City. 3.2 Reference Evaluation (Top -ranked firms) The Project Manager will check references using the following qualification and standard criteria. The evaluation rankings will be labeled Outstanding/Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required for this project? Did they show flexibility and willingness to "go the extra mile" to ensure that the employees were given the appropriate amount and level of service? Timetable Did the vendor effectively manage the customer's time? Were requests for information 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 Did the Professional possess the appropriate knowledge, skills and abilities, and resources to effectively administer this program? Was the contract operated smoothly? Other What problems (if any) did you encounter with this Professional? Section 4.0 Proposal Acceptance: All proposals shall remain subject to initial acceptance 90 days after the day of submittal. Section 5.0 Agreement: Proposer to provide sample plan agreement for review by the City. Section 6.0 Proposal Process Information and Requirements 61 Intent 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 0 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 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. 6.2 Confidentiality All data included in this RFP, as well as any census data and 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. 6.3 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 this 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. 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 vendor is final. The methodology by which the proposals are evaluated and vendors are selected is confidential and proprietary to the City. The City expects to enter into a written Agreement (the "Agreement") with the chosen vendor ("Chosen Vendor") that shall incorporate this RFP into 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. Section 7.0 Proposal Checklist The following information is requested as part of the proposal process. Please indicate your included attachments by duplicating this checklist and marking the appropriate column (Yes or No): 10 CHECKLIST OF ITEMS INCLUDED WITH PROPOSAL Yes No Description of Item Proposal for Group Life Insurance, AD&D and Supplemental Life Proposal for Voluntary Group Life and AD&D Proposal for Group Long Term Disability Proposal for Advise -to -Pay Short Term Disability Signed Business Associate Agreement Signed Proposal Compliance Letter Signed Plan Design Confirmation Completed and Signed Questionnaire(s) Proposed Implementation Timeline for the City. Audited Financial Statements and/or Department of Insurance filings for the past two years (Only if requested by the City) Provider "Report Cards" used to provide feedback on clinical and non -clinical performance measures Copy of your Policy Assuring Member Satisfaction Samples of all Standard and Optional Reports you are proposing to provide on an account specific basis Data Specifications for all plans • In what format can you receive and transmit eligibility data including additions and deletions? • Please submit a copy of your file format specifications for electronic transmissions. • Do you have any limitations with electronic payroll systems? Please describe your technology capabilities. • 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? Copy of your Banking Services Agreement Copy of your Customer Satisfaction Survey Copy of your Administrative Services Agreement or Insurance Contract that will be in effect January 1, 2010 Signature of Authorized Representative: 11 Section 8.0 Questionnaires Questionnaires for each plan appear below. Please respond to each plan for which you wish to be considered. Group Long Term Disability (LTD) Summary Description of Plan The City's fully -insured Group LTD Plan covers classified and non -classified employees who work 20 or more hours per week. Uniformed police and fire employees are not eligible to participate in this plan, but rather have separate coverage. The City pays 100% of premiums and participation is mandatory for eligible employees. For approved LTD claims, benefits are paid at 66 2/3% of their monthly earnings in the event that they become disabled and are not able to work. The maximum benefit available is $7,500 per month, and the minimum benefit available is $1.00, or 10% of your gross monthly benefit, whichever is greater. The plan provides for a 24-month own occupation disability, after which benefits are continued if the claimant cannot work at any job for which he/she is reasonably qualified on the basis of education, training and experience.. LTD benefits are payable after you have been continuously totally or partially disabled for 90 days. This is considered the "elimination period". The benefit period is dependent upon your age when you become disabled. The current LTD provider, makes the determination of eligibility based on information provided by the employee, their physician and the City. To determine eligibility, the vendor must receive proof that you are totally or partially disabled due to an injury or sickness and that you are under regular, continuing care of a physician. LTD benefits are subject to reduction by other types of income. Other types of income that could offset a disability benefit would be workers' compensation, retirement distributions, social security disability, vacation payout at separation, or any kind of earned income. The current vendor provides for a life insurance waiver for employees applying for LTD. This means that whatever life insurance coverage the employee may have with the current vendor, the premium for that life insurance may be waived. Whether or not the employee is approved for LTD, employee may be eligible for the life insurance waiver. When an LTD claim is filed, the waiver of premium is also automatically applied for. The waiver of premium will only be considered if the applicant is under the age of 60. Approximately 1,100 employees are enrolled for LTD coverage. The current volume of coverage is approximately $5,345,301 in monthly earnings. The current carrier has served the City since January 1, 1997, and has paid $2,361,422.93 in total claims. The total disabled life reserve is $901,970. Please answer completely the following questions. A recent census is included with this RFP as a separate pdf. 12 QUESTIONNAIRE Group Long Term Disability 1. Will you agree to cover without limitation all employees enrolled as of December 31, 2009? 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 group LTD vendor, you may be required to make the necessary adjustments in order to achieve replication. Otherwise, your selection may become void. 3. What is your fully insured premium rate for this coverage? Please express your premium rate in terms of cents per $100 of base monthly salary. Premiums must be net of any commissions or broker fees. If you are selected for multiple plans, will you offer discounted premiums? 4. Include samples of claim payment reports, e.g., premiums vs. claims, etc. 5. Is there a toll -free number for employees to call with questions on plan provisions or claim status? What is the average call waiting time? 6. What are the payment options available to.employees (check, direct depost, etc.)? 7. What is the average length of time an employee waits for an inquiry to be answered fully? 8. What performance guarantees will you provide? 9. Specify clearly any conditions and circumstances that would be excluded from coverage. 10. Would there be an assigned claims examiner for all City claims or would each event/claim be assigned to someone from a team of examiners? 11. Will you provide a dedicated Representative for the City's Human Resources Department with telephone and email contact information? 12. Can your firm certify compliance with HIPAA health information security and privacy regulations per attached Exhibit A? 13 Advise -to -Pay Short Term Disability (STD) Summary Description of Plan Short Term Disability is a benefit that is intended to provide eligible employees with up to 90 days of paid time off at 70% of base pay for certain short term disabilities arising from non - occupational illnesses or injuries per calendar year. The elimination period is the first consecutive 14 calendar days of short term disability leave and is unpaid unless the employee elects to use available sick leave, vacation leave, award time, accrued but unused holiday time, and/or compensatory time (compensatory time cannot be used during FMLA leave) during the elimination period. Any short term disability leave following the elimination period will be paid by the City at 70% of the employee's regular base pay. An employee's STD Bank is used to make the employee's salary "whole" by making up the difference in pay between 70% pay (STD-70% Pay) and the employee's full salary. • An eligible employee may take available but unused short term disability leave when he or she is disabled and unable to perform his or her job due to a non -occupational personal illness, injury, or other medical condition. Related to this benefit, the term "disabled" means that the employee is unable to perform one or more of the essential functions of his or her job with the City and the employee is not able to work modified duty. • An eligible employee shall not use short term disability leave if the employee is temporarily able to perform one or more of the essential functions of the job and is placed on modified duty (if available). • If an employee is provided with partial day/week modified duty, it does not disqualify the employee from using partial day or partial week short term disability. Short term disability would apply to all hours not worked during the partial/reduced schedule. • An eligible employee shall not be permitted to use short term disability leave if the employee is on an unpaid leave of absence for 30 continuous calendar days. Employees in classified and unclassified management positions are eligible to use short term disability leave. All other employment categories are ineligible for this leave. Additionally, this policy is not applicable to Police Services employees in the Bargaining Unit who are subject to the collective bargaining agreement. Number of Advise -to -Pay Claims: 2007 = 37 2008 = 34 14 QUESTIONNAIRE Advise -to -Pay Short Term Disability 1. Will you agree to cover without limitation all employees enrolled as of December 31, 2009? 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 group STD vendor, you may be required to make the necessary adjustments in order to achieve replication. Otherwise, your selection may become void. 3. What is your self insured premium rate for this coverage? Please express your premium rate in terms of per employee per month dollar amount. Premiums must be net of any commissions or broker fees. If you are selected for multiple plans, will you offer discounted premiums? 4. Include samples of advise -to -pay reports. 5. Is there a toll -free number for employees to call with questions on plan provisions or claim status? What is the average call waiting time? 6. What is the average length of time an employee waits for an inquiry to be answered fully? 7. What performance guarantees will you provide? 8. Specify clearly any conditions and circumstances that would be excluded from coverage. 9. Would there be an assigned claims examiner for all City claims or would each event/claim be assigned to someone from a team of examiners? 10. Will you provide a dedicated Representative for the City's Human Resources Department with telephone and email contact information? 11. Can your firm certify compliance with HIPAA health information security and privacy regulations per attached Exhibit A? 15 7. For Life, provide Paid Premium separated for basic and supp (3-5 most recent years) Individual paid claim separate for basic and supp (3-5 most recent years) Waiver claims separated for basic and supp (3-5 most recent years) Attached as separate files. 8. For LTD, provide Paid Premium (3-5 most recent years) Paid Claims (3-5 most recent years) Incurral Exhibit (looking for IBNR and Reserves) Open and Closed Claim listing Attached as separate files. 9. For the STD Advice to Pay (ATP) we were provided with a basic plan outline and the number of claims for 2007 & 2008. We can provide a quote with this info, we would like to have covered lives for 2007 & 2008 in order to calculate accurate incidence numbers. Attached as two (2) separate files. 10. For LTD, please provide a current incurral exhibit on a constant premium basis (4+ years would be optimal). Attached as separate files. 11. For LTD, please provide constant premium, paid claims, and reserves by incurral period. Attached as separate files. 12. For LTD, please provide an open claim listing - Including the following: date of disability, gender, date of birth, gross monthly benefit, offset information, and diagnosis. Attached as separate files. 13. Please provide a closed claims listing - date of disability, term date, and total benefits paid. Attached as separate files. 14. For Life, provide 5 years of Premium, Lives, Volumes by coverage for all life lines Attached as separate files. 15. For Life, provide, 5 years of paid claims (shown by individual line of coverage). Attached as separate files. Group Life Insurance, AD&D and Supplemental Life Summary Description of Plan The City's fully insured Group Life/Accidental Death & Dismemberment (AD&D)/Supplemental Life Insurance Plan covers classified and non -classified employees who work 20 or more hours per week. Uniformed police and fire employees are eligible to participate in this plan. Basic coverage is mandatory for each eligible employee, and is 100% paid by the City. No retiree life insurance is available, except through individual conversion. Waiver of premium is required. Eligible employees may elect basic coverage in the amount of one -times annual base salary. Basic AD&D coverage is equal to the basic life amount. We currently offer an election of base coverage in the amount of $10,000. We would eliminate this option in 2010 and all eligible employees would be covered at one-time annual base salary. Employees may also elect additional life and AD&D coverage in amounts of one-, two- or three -times base annual salary. Spousal coverage is available in $10,000 (offered without evidence of insurability) and then increments of $25,000 up to $100,000. Dependent child coverage is available in amounts of $5,000 or $10,000. The guaranteed Basic Maximum Benefit is $125,000. The guaranteed issue amount for Basic and Optional Life is $125,000. The combined maximum benefit is $500,000. Benefits reduce by 30% at age 65; 50% at age 70; 70% at age 75; and 80% at age 80. A recent census is included with this RFP as a separate pdf. 16 The following table indicates the coverage amounts in effect and the number of enrolled persons (effective June 2009): n toverage ployee Life $10,000 1-x salary Employee AD&D `. I-x salary Add'I 2-x Add'I3-x . �- Upto $1.25,000 73 727,0 1417 86,895.1 73 727, 14z17 86,895, 148 " s ; . ,. 9",828; 66 8,239 17,242, -- -- 1 - - - - - - 125, >ptional Employee 1-xsalary 210 13,494,401 ife 2-x salary 93 11,760,001 3-x salary 125 22,211,001 Up -to $125,000 1 125,001 >ptional "Spousal $ 10;000 ** 138 1;380,001 ife $ 25,,000 51 �1,275,001 50,000 41 . 2,050,0D $.75,000 19.. 1.,4251001 $100,000 12 1.200.001 Optional Children) $ 5,000 24• 120,000 Life $10,000 291 2.910.000� *This level of coverage would no longer be offered. Selected vendor(s) agreement to coverage all eligible employees at 1-x salary. **This level of coverage is only available to new hires. 17 QUESTIONNAIRE Group Life Insurance, AD&D and Supplemental Life 1. Do you agree to cover without limitation all employees/dependents enrolled as of December 31, 2009? 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 group life vendor, you may be required to make the necessary adjustments in order to achieve replication. Otherwise, your selection may become void. 3. What is your fully insured premium rate for this coverage? Please express your premium quote in terms of cents per covered $1,000 of base annual salary. Premiums must be net of any commissions or broker fees. If you are selected for multiple plans, will you offer discounted premiums? 4. What would be the fully insured premium rate if the guaranteed Basic Maximum Benefit and Optional Life is $150,000 rather than $125,000? 5. Include samples of claim payment reports, e.g., premiums vs. claims, etc. 6. What is the average length of time required to resolve fully an employee inquiry? 7. What performance guarantees will you provide? 8. Specify any situations that would result in a claim denial. 9. Will you provide a dedicated Representative for the City's Human Resources Department with telephone and email contact information? 10. Can your firm certify compliance with HIPAA health information security and privacy regulations per attached Exhibit A? IN Group Voluntary Life + ADa,D Summary Description of Plan pw6 AW Ina ion to basic and supplemental life insurance, employees may elect additional voluntary life insurance coverage. This coverage is fully -insured and 100% employee paid. Applications are subject to medical evidence. Smoker and non-smoker rates are in effect. Coverage is available in $10,000 increments up to $300,000. Benefits must be portable and offered at the same monthly rate as if the employee were still employed by the City. A guaranteed issue amount on employees of $30,000 and spouse $10,000 if elect coverage during the new hire enrollment period. The following coverage amounts are in effect. luntary fife -. Employee: luntary Life — Spousal: luntary Life — Children: )luntary AD&D Er luntary AD.&D — R Volume_ .$'68,875,0 $ 32,64.0,0 $ 4525,0 $ 8:260. o Volume # of Partici 'ortability Voluntary Life -`Employee '$ 12;260,000. 82 'ortability Voluntary Life .Spousal $, 6,360,000`` 49 'ortability Voluntary Life —Children. $ 130'.000 .. 26 A recent census of active participants is included with this RFP as a separate pdf. 19 QUESTIONNAIRE Group Voluntary Life 1. Do you agree to cover without limitation all employees/dependents enrolled on December 31, 2009? 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 voluntary life vendor, you may be required to make the necessary adjustments in order to achieve replication. Otherwise, your selection may become void. 3. What is your fully insured premium rate for this coverage? See rate sheet (included) as an example for quoting premium rates. Premiums must be net of any commissions or broker fees. If you are selected for multiple plans, will you offer discounted premiums? 4. Include samples of claim payment reports, e.g., premiums vs. claims, etc. 5. Do you agree to offer the portability provision? If not, why? 6. Will you offer group voluntary life insurance coverage and at rate that replicates coverage for those former employees and dependents listed on page 19 of RFP document as Portability Voluntary Life participants? 7. Will you provide a dedicated Representative for the City's Human Resources Department with telephone and email contact information? 8. Can your firm certify compliance with HIPAA health information security and privacy regulations per attached Exhibit A? 20 EXHIBIT "A" HIPAA HEALTH INFORMATION PRIVACY & SECURITY A. Obligations and Activities of the Business Associate 1. Business Associate agrees to not use or disclose Protected Health Information other than as permitted or required in the Administrative Services Agreement of which this Appendix is a part or as required by law. 2. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Appendix. 3. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Appendix. 4. Business Associate agrees to report to the Plan Sponsor (City of Fort Collins, Colorado) any use or disclosure of the Protected Health Information not provided for by this Appendix of which it becomes aware. 5. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of the Plan Sponsor agrees to the same restrictions and conditions that apply through this Appendix to Business Associate with respect to such information. 6. Business Associate agrees to make internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, the Plan Sponsor available to the Plan Sponsor, or to the Secretary, in a time and manner or designated by the Secretary, for purposes of the Secretary determining the Plan Sponsor's compliance with the Privacy Rule. 7. Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Plan Sponsor to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR § 164.528. 8. Business Associate agrees to provide to the Plan Sponsor or an Individual, in a reasonable time and manner, information collected in accordance with Section A.7. of this Provision, to permit Plan Sponsor to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR § 164.528. B. Permitted Uses and Disclosures by Business Associate 1. Except as otherwise limited in this Appendix, Business Associate may use or disclose Protected Health Information on behalf of, or to provide services to, the Plan Sponsor for the following purposes, if such use or disclosure of Protected Health Information would not violate the Privacy Rule if done by the Plan Sponsor or the minimum necessary policies and procedures of the Plan Sponsor: performing plan administration functions, obtaining premium bids from insurance companies or other health plans for providing insurance coverage under or on behalf of the group health plan, or modifying, amending, or terminating the group health plan. 2. Except as otherwise limited in this Appendix, Business Associate may use Protected Health Information to provide data aggregation services to the Plan Sponsor as permitted by 42 CFR § 164.504(e)(2)(i)(B). 3. Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with § 164.5020)(1). 21 C. Obligations of Plan Sponsor 1. Plan Sponsor shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that the Plan Sponsor has agreed to in accordance with 45 CFR § 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information. 2. Plan Sponsor shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by Plan Sponsor. D. Termination 1. In addition to the termination provisions set forth in the Administrative Services Agreement of which this Appendix is a part, the following termination provisions are applicable: a. Upon the Plan Sponsor's knowledge of a material breach by Business Associate of this Appendix, the Plan Sponsor shall either: i. Provide an opportunity for Business Associate to cure the breach or end the violation and terminate the Administrative Services Agreement of which this Appendix is a part if Business Associate does not cure the breach or end the violation within the time specified by Plan Sponsor; or ii. Immediately terminate the Administrative Services Agreement of which this Appendix is a part if Business Associate has breached a material term of this Appendix and cure is not possible; or iii. If neither termination nor cure are feasible, the Plan Sponsor shall report the violation to the Secretary. E. Effect of Termination 1. Except as provided in paragraph (2) of this section E, upon termination of the Administrative Services Agreement of which this Appendix is a part, for any reason, Business Associate shall return or destroy all Protected Health Information received from the Plan Sponsor, or created or received by Business Associate on behalf of the Plan Sponsor. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information. 2. In the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business Associate shall provide to the Plan Sponsor notification of the conditions that make return or destruction infeasible. Upon the Plan Sponsor's agreement that return or destruction of Protected Health Information is infeasible, Business Associate shall extend the protections of this Appendix to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information. F. Miscellaneous 1. The Parties agree to take such action as is necessary to amend this Appendix from time to time as is necessary for Plan Sponsor to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. 2. The respective rights and obligations of Business Associate under Section E of this Provision shall survive the termination of the Administrative Services Agreement of which this Appendix is a part. 3. Any ambiguity in this Appendix shall be resolved to permit the Plan Sponsor to comply with HIPAA. 22 G. Security Standards 1. Business Associate agrees that it will implement policies and procedures to ensure that its creation, receipt, maintenance, or transmission of electronic protected health information ("ePHI") on behalf of Plan Sponsor complies with the applicable administrative, physical, and technical safeguards required to protect the confidentiality and integrity of ePHI under the Security Standards 45 CFR Part 164. 2. 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. 3. Business Associate agrees that it will report security violations to the Plan Sponsor. H. Definitions 1. "Protected Health Information" shall have the same meaning as the term "protected health information" in 45 CFR § 164.501, limited to the information created or received by Business Associate from or on behalf of the Plan Sponsor. 2. "Secretary" shall mean the Secretary of the Department of Health and Human Services or his designee. 23 16. For Life, provide 5 years of rate history for all lines of coverage Attached as separate files. 17. For Life, provide a listing of any individuals that are not actively -at -work and their current coverage amounts Attached as separate files. Please contact David Carey, CPPB, Bu yer, with any questions regarding this addendum at (970) 416-2191 or email dcarey(a)fcgov.com . RECEIPT OF THIS A DDENDUM MUST BE ACK NOWLEDGED B Y A WRIT TEN STATEMENT ENCL OSED WIT H THE B ID/QUOTE STATIN G THAT T HIS ADDENDUM HAS BEEN RECEIVED. where renewal is a way of life F6rt of ` Purchasing 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 ADDENDUM No. 1 7053 Benefits — Insurance — Life and Disability SPECIFICATIONS AND CONTRACT DOCUMENTS Description of RFP: 7053 Benefits — Insurance — Life and Disability OPENING DATE: 2:00 P.M. (Our Clock) August 13, 2009 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. Questions and Answers: 1. Can you provide census in Excel format with service area and department columns? Attached as a separate file. 2. Can you provide copies of all current benefit booklets (SPD's)? Attached as four (4) separate files. 3. Do City employees participate in PERA or Social Security? Social Security. Please contact David Carey, CPPB, Buyer, with any questions regarding this addendum at (970) 416-2191 or email dcarey@fcgov.com . 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 Financial Services Of Purchasing Division N. Mason St. 2"d Floor F6rt Collins Box 580 Fo215 Fort Collins, CO 80522 �Pu 970.221.6775 rc h a s i n g 970.22, .6707 fcgov.com/purchasing REQUEST FOR PROPOSAL 7053 Benefits — Insurance — Life and Disability The City of Fort Collins is seeking proposals from qualified firms for certain employee benefit plans including Group Life, Accidental Death & Dismemberment (AD&D), Short Term Disability and Long Term Disability Insurance. Written proposals, six (6) 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 2:00 p.m. (our clock), August 13, 2009. Proposal No. 7053. If delivered, they are to be sent to 215 North Mason Street, 2"d 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, Compensation, Benefits and HRIS Manager, (970) 416-2721, asharkey@fcgov.com. Questions regarding bid submittal or process should be directed to David M. Carey, CPPB, Buyer, (970)416-2191, dcarey@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement 2. Come by Purchasing at 215 North Mason St., 2"d 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. 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 Request for Proposal Number 7053 Benefits — Insurance — Life and Disability 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) Business Associate agrees that it will implement policies and procedures to ensure that its creation, receipt, maintenance, or transmission of electronic protected health information ("ePHI") on behalf of the City of Fort Collins complies with 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 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 PRINT NAME . TITLE Please return to: City of Fort Collins Attn: Purchasing P.O. Box 580 Ft. Collins, CO 80522-0580 Or fax back to: (970) 221-6707 Date: 2 Introduction The City of Fort Collins is seeking proposals from qualified firms for the following employee benefit plans: • Basic Group Life and AD&D — fully insured and completely employer paid • Supplemental Group Life and AD&D — fully insured and completely employee paid • Voluntary Group Life and AD&D — fully insured, portable and completely employee paid • Group Long Term Disability — fully insured and completely employer paid • Short Term Disability Advise -to -Pay — self insured and completely employer paid Single as well as multiple plan providers are encouraged to respond. Proposals may be on one or multiple plans. Current plan descriptions are available upon request. Included with this RFP are: census data, claims experience and questionnaires. For each plan in your response, please answer the respective questionnaire in the format provided. Rates must be quoted net of broker or other commissions, since the City does not pay commissions. The City intends to replicate current plan provisions. Your 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 you are unable to administer the plans as written, you must specify clearly and specifically where your response deviates from current plan design. Section 1.0 Proposal Requirements 1.1 General Description The City provides employee benefits to approximately 1,450 active employees. Based on the proposals received, The City may select one carrier/administrator for all plans, or separate carriers/administrators. 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 vendor(s) as an active partner in assuring employee satisfaction. 1.2 Timetable The following is a proposed timetable developed for this project. You will be notified of any significant changes which might occur: Item: Date: 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 July 29, 2009 Written proposals due to the City Au ust 13, 2009, 2:00 P.M. our clock Finalist vendors notified Se tember 3, 2009 Finalists interviews September 10 and/or 11, 2009 Contract negotiations (completed) October 12, 2009 Plan effective date January 1, 2010 3 1.3 Proposal Submittals 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. Proposals due no later than 2:00 p.m. (our clock) on August 13, 2009. Submit six (6) copies of your proposal to: If delivered: City of Fort Collins, Purchasing 215 North Mason, 2nd Floor Fort Collins, Colorado 80524 If mailed: City of Fort Collins, Purchasing PO Box 580 Fort Collins, CO 80522-0580 Questions regarding this RFP are due to The City no later than July 29, 2009. A written response to substantive questions will be provided to all proposers. The City assumes no responsibility for liability for any costs you may incur in responding to this RFP, including attending meetings, site visits or negotiations. 1.4 Deviations from RFP Specifications All responses to this RFP 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 1.5 and 1.6. 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. These deviations are to be delineated as instructed in the Proposal Requirements as set forth in Section 1.5 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. 4 1.5 Proposal Instructions Do not deviate from the requested formats. Provide your proposed rates and fees as specified in this RFP. The City is seeking an initial premium/administration cost that runs for at least 24 months (January 1, 2010 — December 31, 2011). Please confirm the time period applicable to your proposed rate/fee guarantees. Quote all life and long term disability coverage on a fully insured non -participating basis. Quote short term disability advise to pay on a per employee per month basis. Define specifically what services are included in the fees your company has quoted. Specify any charges for services that your company has not included in the fees quoted above, including any start-up fees, materials, etc. Adhere to the instructions in this section when organizing your proposal. 1.6 Proposal Requirements Your response should be organized in the following sections: Section I: Executive Summary Section II: Proposal Compliance Letter (Signed by an authorized officer of your organization signifying your proposal's complete adherence with the RFP specifications, except as specifically noted in the appropriate sections) Section III: Business Associate Agreement (Signed by an authorized officer of your organization) Section IV: Checklist of Items included with Proposal Section V: Plan Design Confirmation (Statement indicating your willingness to replicate current plan provisions or indicating clearly deviations from current plan design) Section VI: Questionnaire Responses Section VII: Performance Guarantees Section VIII: Financial Exhibits Section IX: Items Included with Proposal (As indicated on the Checklist included in Section III. These items should be indexed in the order listed on the checklist, with a copy of the index included in this section) . 5