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HomeMy WebLinkAboutRFP - 7279 BENEFITS CONSULTANTF City of ort Collins /� Purchasing ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7279: Benefits Consultant OPENING DATE: 3:00 PM (Our Clock) September 23, 2011 Financial Services Purchasing Division 215 N. Mason St. 2"" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fogov.com/Purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 — Questions & Answers Please contact David Carey, CPPB, Buyer, Buyer at (970) 416-2191 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST STATEMENT ENCLOSED WITH THE ADDENDUM HAS BEEN RECEIVED. BE ACKNOWLEDGED BY A WRITTEN BID/QUOTE STATING THAT THIS Addendum 1 — 7279 Benefits Consultant Page 1 of 7 Invitation to Bid Page 1-2 Business Associate Agreement Page 3 Section I - Purpose and Plan Information Page 4-6 Section II — Objectives Page 7 Section III - Qualifications Page 8 Section IV - Questionnaire Page 9-11 Attachment A — Eligibility by Classification Page 12 Section V - Timetable Page 13 Section VI - Review and Assessment & Reference Evaluation Page 14-15 Section VII - Miscellaneous Page 16 Section VIII - Professional Services Agreement Page 17-27 RFP 7279 Benefits Consultant Page 3 of 2T NOTE: To participate in the RFP process vendors need to sign and include this Business Associate Agreement with their proposal. HIPAA Business Associate Agreement This Amendment is entered into this day of between City of Fort Collins ("Employer"), acting on behalf of (the "Plan(s)"), and ("Business Associate"). This Amendment is incorporated into the Services Agreement between Employer and Business Associate, dated (the "Agreement"). The parties intend to use the Agreement to satisfy the Business Associate contract requirements in the regulations at 45 CFR 164.502(e), 164.504(e) and 164.314(a), issued under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as amended by Title XIII, Subtitle D of the American Recovery and Reinvestment Act of 2009 (P.L. 111-5) and regulations promulgated there under; and for further applicable HIPAA developments published after enactment of P.L. 111-5, including statutes, case law, regulations and other agency guidance. Effective as of February 17, 2010, the Agreement shall be amended by adding the following new provision: Enactment and Impact of ARRA Provisions. Business Associate acknowledges that enactment of the American Recovery and Reinvestment Act of 2009 (P.L. 111-5, ARRA) amended certain provisions of HIPAA in ways that now directly regulate, or will on future dates directly regulate, Business Associate's obligations and activities under HIPAA's Privacy Rule and Security Rule. Requirements applicable to Business Associate under Title XIII, Subtitle D of ARRA are hereby incorporated by reference into the Agreement, including provisions that would govern the Plan's action if the Business Associate undertakes that action on behalf of the Plan. Business Associate agrees to comply, as of the applicable effective dates of each such HIPAA obligation relevant to Business Associate, with the requirements imposed by ARRA, including monitoring federal guidance and regulations published there under and timely compliance with such guidance and regulations. Further, notwithstanding any other provision of the Agreement or underlying services contract(s) between the parties, ("Business Associate") agrees to pay all penalties and reasonable expenses, including those incurred for reasonable remediation, which are assessed or finally determined by a court of competent jurisdiction to be result of ("Business Associate") (or its agent's) failure to comply with its HIPAA obligations or through contractual agreement between the Business Associate and Plan. In consequence of the foregoing direct regulation of Business Associate by HIPAA laws and regulations, notwithstanding any other provision of the Agreement, Business Associate further agrees to monitor HIPAA Privacy and Security requirements imposed by future laws and regulations, and to timely comply with such requirements when acting for or on behalf of the Plan in its capacity as a Business Associate. Business Associate agrees that it will report security violations to the City of Fort Collins, Security Manager. IN WITNESS WHEREOF, each of the parties has caused this Amendment to be signed on its behalf by a duly authorized officer of such party as of the date written below. City of Fort Collins, Colorado By: By: Name: Name: Title: Title: ("Business Associate") RFP 7279 Benefits Consultant Page 4 of 27 REQUEST FOR PROPOSAL CITY OF FORT COLLINS 7279 BENEFITS CONSULTANT Section I. Purpose and Plan Information A. Purpose This document is a request for proposals from qualified firms, related to securing employee benefits consulting services. B. Eligible Employees The City of Fort Collins (City) has approximately 1,470 employees with benefits. Benefits are provided for all full and part-time unclassified management, classified, contractual, and hourly with benefits employee in addition to grandfathered retirees. Same -sex domestic partners are covered under medical, dental, and vision plans only. See Attachment "A" for Eligibility by Classification. C. Plan Year and Open Enrollment Open enrollment is traditionally held in October/November with an effective date of January 1 to coincide with the calendar year and the City's fiscal year. D. Current Benefit Plans The benefit plans for which services are requested are listed below. Plans indicated by asterisk (*) are incorporated into a Section 125 flexible benefits plan. In addition, the medical plans are protected from claims over $215,000 through Specific Stop Loss insurance. Health Plans* (Self -Funded, Employee/Employer Shared Cost) 2 PPO Options, High and Low Deductible Administered by CIGNA CIGNA Covered Services: Medical, Rx, Stop Loss, Transplant Dental Plans* (Self -Funded, Employee/Employer Shared Cost) 1 Option: Comprehensive Administered by Delta Dental Vision Plan (Self -Funded, Employee Paid) 1 Option Administered by Vision Service Plan RFP 7279 Benefits Consultant Page 5 of 27 Term Life Insurance Basic Life & AD&D: CIGNA Mandatory 1x salary or $10,000, Employer Paid Supplemental Life and AD&D: CIGNA Employee 1, 2, or 3x salary Spousal Coverage $25,000 - $100,000 Child(ren) Coverage $5,000 or $10,000 Voluntary Life and AD&D: Anthem Life Voluntary, $10,000-$300,000, in $10,000 units Voluntary Family Coverage Available Short-term Disability (CIGNA, Advise -to -Pay, Employer Paid) Long-term Disability (CIGNA, Fully Insured, Employer Paid) Flexible Spending Accounts" (ASIFlex; Health Care and Dependent Care; $5,000 limits; employee paid) Employee Assistance Program (MHN, Employer Paid) E. Wellness Program The City has a wellness program which includes educational seminars, exercise programs, and healthy lifestyle incentive programs in addition to integrating CIGNA disease management programs. HRA's are conducted through Mayo Clinic. RFP 7279 Benefits Consultant Page 6 of 27 Section II. Objectives The City of Fort Collins goal is to select the firm who will be the most effective and proactive partner in performing the full range of services related to the design, implementation, maintenance, communication, and improvement of our employee benefits. These services include, but are not limited to the following: 1) Achieve the most effective access to insurance carriers and benefits providers, 2) Represent the City in all negotiations with providers on all issues including those related to fees, benefit levels, plan design, and special terms and conditions, 3) Advise and help keep the City legally compliant with laws and regulations related to employee benefits, 4) Review contracts with vendors to insure accuracy and comprehensiveness of coverage — provide guidance in contract interpretation as needed, 5) Assist the City with the implementation and communication of new programs/benefits or changes to existing programs/benefits, 6) Provide general guidance on trends in benefits offered and eligibility requirements, 7) Determine and recommend the most economical funding methods for the benefit programs, 8) Establish annual premium rates, including COBRA, hourlies, and retirees, 9) Provide annual reports outlining the in -force programs and their status, and a preliminary marketing report describing the market conditions for each benefit. This report should outline suggestions and recommendations for our strategy and will include the following items: a) Complete list of in -force policies, carriers, renewal dates, and rates. b) Evaluation of overall insurance programs compared to similar employers. c) Forecast of market conditions and expectations of renewals. d) Income and expense for the prior year and a projection for the forthcoming year including projected adequate reserve plan levels. e) List of contract modifications and recommendations for each benefit. f) Account history, by benefit, of claims and premiums. g) Summary of activity on open, ongoing claims. h) Review of future goals and long-term strategy. 10) Provide a high level of customer service to our organization to include evaluation of claims data, submission of executive reports and reconciliation of accounts, 11) Provide monthly and quarterly management reports for all benefit products, 12) Assist with bid specifications and solicit proposals from vendors as needed, 13)Assist in revising and maintaining Plan Documents, including the preparation of amendments as needed — review for accuracy and appropriateness, 14) Provide innovative approaches to benefit challenges facing the City and make recommendations for benefit plan design changes, 15) Provide answers or guidance to any general or technical benefit questions, and 16)Assist in the appropriate preparation of any government filing or compliance review RFP 7279 Benefits Consultant Page 7 of 27 Section III. Qualifications 1) A minimum of three (3) years prior experience with governmental entities as clients. 2) Must have prior experience within the last three (3) years with organizations with at least 500 employees as clients. 3) Your firm must be licensed in the State of Colorado. 4) Prior experience with self -funded health and dental plans. 5) Understanding of, and direct experience with, Northern Colorado demographic area healthcare delivery concerns (e.g. single hospital, limited PPO arrangements, consolidated specialty physicians). 6) Experience working with cafeteria -style benefit programs, including Section 125 and 129 flexible spending plan arrangements. 7) Experience in evaluating benefit program designs and in making recommendations for program improvements and/or restructuring (e.g. HSA, HRA, onsite clinic experience, etc.) 8) Proposals shall be accepted on a fee only basis. The City of Fort Collins will not consider a commission -based proposal. RFP 7279 Benefits Consultant Page 8 of 27 Section IV. Questionnaire 1) Describe your firm, its history and size, the locations in which it operates, and the number of employees. 2) Tell us the location of the office from which consulting services would be provided. What is the employee turnover rate among consultants and staff personnel of this office during the past two years? 3) Provide information on the principal consultant who would be responsible for the City of Fort Collins' account. What is their professional background and experience? Specifically include this consultant's experience dealing with public employers. Describe the team that would assist the principal consultant and the client. 4) If the principal consultant were to leave your firm, how would service be provided? How soon would a new principal consultant be assigned to the City's account? 5) What is the principal consultant's experience with self -funded benefit plans (specifically, medical and dental)? 6) For how many clients does the principal consultant provide services? List the five (5) largest clients in which principal consultant is involved on an ongoing basis and which the firm can provide as a reference. Provide name of client, contact name, address, telephone number and number of employees. 7) Explain what steps you have taken to become HIPAA compliant. 8) Explain how your firm stays current with change in federal and state laws and how this information will be communicated to the City. 9) Do you have an in-house benefits attorney? If yes, please provide his/her credentials and the number of years he/she has provided counsel on benefit issues. If no, do you use an external benefits attorney? Which firm do you use? 10) Describe any audit services that you provide for claim audits or dependent eligibility audits. 11) Submit a sample of annual and periodic reports you provide similar clients. 12) Describe any customized or ad hoc reporting capabilities including Internet capabilities. 13) One area of interest for the City is improving its management reporting and analysis of the self - funded healthcare plan. Provide a description of how your firm assists clients in this area, along with a sample report you would offer the City as part of this contract. 14) What resources do you use for benchmarking? 15) Explain how you will ensure that performance standards forthe City vendors are negotiated and met. 16) What is your firm's experience in dealing with Northern Colorado demographic area healthcare issues? (e.g. single hospital, consolidated specialty physicians, etc.) RFP 7279 Benefits Consultant Page 9 of 27 17) What is your experience in developing/evaluating/maintaining Section 125 plans? 18) What is your experience in bid proposals and negotiating for services of third party administrators, stop loss, other insurances? 19) What is your experience in conducting feasibility studies for in-house clinics and pharmacies? What is your experience in implementing in-house clinics and pharmacies? 20) Describe any pending litigation against your firm. 21) Describe the professional liability coverage carried by your firm. 22) Describe any problems you foresee in your ability to conduct the services described in this Request for Proposal. 23) Proposed cost of basic duties: The length of the contract will be for a period of one (1) year plus up to four (4) additional one-year periods. It is expected that the firm will provide all of the Scope of Services described in Section Il. The proposed fees should include all costs (i.e., miscellaneous administrative, travel, etc.) State an annual cost for each of the contract years, the maximum annual consulting cost for the proposed services. (Do not respond with hourly rates.) Total Cost not to exceed: January — December 2006 January — December 2007 January — December 2008 January — December 2009 January — December 2010 Cost of additional services: The City reserves the right under the terms of this RFP to request duties unrelated to the defined set of consulting services. The Scope of these services and related cost will be agreed to prior to the consultant performing the work. Compensation for these services will be based on a "not to exceed" amount. The City also recognizes that at times various projects and services may develop that are not part of the proposed Scope of Services. State the current hourly billing rates for each level of employee that may be involved in conducting additional services. 24) Beyond the stated scope of services, what additional services would you anticipate for a client like the City? What would be the estimated cost of those additional services? RFP 7279 Benefits Consultant Page 10 of 27 25) Provide at least three (3) current clients, include at least one (1) public sector client, to which your firm provides similar services referenced in this RFP. For each reference include entity name, length of time as consultant, number of employees, and contact information (name, title, telephone number, and email address) of individuals that can be contacted as references for your company. 26) Provide at least three (3) terminated clients, include at least one (1) public sector client, to which your firm provides similar services referenced in this RFP. For each reference include entity name, length of time as consultant, number of employees, and contact information (name, title, telephone number, and email address) of individuals that can be contacted as references for your company. RFP 7279 Benefits Consultant Page 11 of 27 Attachment A City of Fort Collins Eligibility by Classification Classified and Unclassified Management: • Medical • Dental • Vision • Flexible Spending Accounts • Life Insurance • Short Term Disability • Long Term Disability • Employee Assistance Program Contractual: • Medical • Dental • Vision • Flexible Spending Accounts • Life Insurance • Employee Assistance Program Hourly: - must work minimum of 30 hours/week at least six months out of year • Medical Only Retirees (pre- and post- 65): • Medical • Dental • Vision Covered Entities • City of Fort Collins — (includes Police and Utility Services) ■ Poudre Fire Authority (PFA) ■ Poudre River Public Library District ■ Metropolitan Planning Organization ■ Downtown Development Authority (DDA) ■ Housing Authority (all benefits except medical) RFP 7279 Benefits Consultant Page 12 of 27 EXHIBIT 1 — QUESTIONS AND ANSWERS 1. Is there a benefits committee? If so, how many members constitute the committee? How frequently do they meet? No 2. How many times a year is the consultant expected to attend meetings in Fort Collins with staff, committees or the City Council? At least two. Depending on Council, requests and if the City changes any medical plan offerings, it may be more frequent. 3. Can you share the annual amount of compensation being paid to the current consultant? Current agreement annual amount is $75,000 4. Please clarify item 23 in the Questionnaire — we presume you mean pricing for 2012 forward not 2006 Yes — please start with 2012. That was a typo in the RFP. 5. When was the last time that any plans were taken out to bid? Please list which coverage and the year. Medical, Rx, stop loss — 2011 Benefits Consultant — 2011 Life Insurance — 2009 Long and Short Term Disability — 2009 Dental — 2009 Vision - 2009 6. Do you anticipate marketing any of the plans in 2012? If so, which ones? Not at this time. 7. Will the consultant be expected to supply GASB valuations? No 8. Do you provide benefit statements to your employees? If so, how frequently and is that done at an extra fee or included in the Consultant's arrangement with the City? Yes, annually. Statement provided with City resources. No Consultant resources are needed. Addendum 1 —7279 Benefits Consultant Page 2 of 7 Section V. Timetable The following is a proposed timetable developed for this project. You will be notified of any significant changes which might occur: Item Date Written questions due to the City September 12, 2011 Proposals due to the City September 23, 2011, 3:00 p.m. our clock Finalist vendors notified October 21, 2011 Onsite evaluations of finalists if necessary) November 8, 2011 Finalist negotiations (completed) November 14, 2011 Selection of recommended vendors November 21, 2011 Plan effective date January 1, 2012 Section VI. Review & Assessment RFP 7279 Benefits Consultant Page 13 of 27 Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. Based on results of the initial evaluation, the City will select finalists for consideration. Any or all proposals may be rejected by The City. The finalists may be asked to make formal presentations of their proposals, as well as to demonstrate their systems and procedures for providing employee benefits consulting services. 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 QUALIFICATION STANDARD FACTOR Does the proposal show an understanding of 2.0 Scope of Proposal the project objective, methodology to be used and results that are desired from the project? Do the persons who will be working on the 2.0 Assigned project have the necessary skills? Are Personnel sufficient people of the requisite skills assigned to the project? Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel 1.0 Availability 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? Do the proposed cost and work hours compare Cost and favorably with the project Manager's estimate? 2.0 Are the work hours presented reasonable for Work Hours the effort required in each project task or phase? Does the firm have the support capabilities the 2.0 Firm Capability assigned personnel require? Has the firm done previous projects of this type and scope? RFP 7279 Benefits Consultant Page 14 of 27 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? Was the Professional responsive to client needs; Completeness did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? a) If a study, did it meet the Scope of Work? b) If Professional administered a construction Job Knowledge contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 7279 Benefits Consultant Page 15 of 27 Section VII. Miscellaneous 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. All data included in this RFP 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. 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. The City assumes no responsibility or liability for any costs you may incur in responding to this RFP, including attending meetings or negotiations. Your firm will be bound to comply with the provisions set forth in this RFP unless any and all deviations are explicitly stated in your proposal. The City 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. Proposals may not be marked 'Proprietary' in their entirety. The City shall not 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. Sample Professional Services Agreement is attached. RFP 7279 Benefits Consultant Page 16 of 27 PROFESSIONAL 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 "Professional'. 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 Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page , and incorporated herein by this reference. 2. The Work Schedule. (Optional) The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence 200 , and shall continue in full force and effect until 200 unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the RFP 7279 Benefits Consultant Page 17 of 27 City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. 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: Professional: City: With Copy to: City of Fort Collins City of Fort Collins , Purchasing Attn: PO Box 580 PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $ Optional: according to the Insurance Requirements attached hereto as Exhibit " ", consisting of one (1) page. RFP 7279 Benefits Consultant Page 18 of 27 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor Clause Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the RFP 72M Benefits Consultant Page 19 of 27 services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunderfor the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an RFP 7279 Benefits Consultant Page 20 of 27 agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. 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. 13. 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. 14. 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. 15. 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, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, RFP 7279 Benefits Consultant Page 21 of 27 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. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional 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. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional 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 RFP 7279 Benefits Consultant Page 22 of 27 9. What type of open enrollment communication support (post cards, open enrollment guides, benefit highlights, etc) is provided by the consultant? No communication support. Do require support for adjustments to plan designs and premiums. 10. Is the current medical program being administered on the claims system of Cigna, or one of its acquisitions — Great West Life or Allegiance? Current medical program is administered by CIGNA. There will be a change for 2012. The City's medical plan will be administered by UMR. 11. Beyond an annual report, can you please clarify the nature and frequency of reports to be provided? What types of reports are to be provided monthly? Quarterly? Specifically, claims report provided quarterly. Premiums provided annually. Please respond with the type of reports you will provide to the City and the frequency of those reports. 12. Approximately how many meetings per year might it be reasonable to expect annually? At least twice — strategic planning meeting 15` quarter and premium meeting 3'd quarter. Depending on changes that may be made to our two medical plan offerings, we may need to meet more often with our Consultant. 13. It appears that you are looking to have competitive bidding services included in the core annual consulting fee. Please confirm, and if so, please comment on the typical/required frequency by line of coverage/service and the role envisioned of the consultant. Competitive bidding services can be included or provided separately from core annual fee. Please provide your normal pricing structure. Most bidding services are done by City personnel except for medical, Rx, and stop loss proposals. 14. Are GASB 45 actuarial valuation services to be proposed? If so, please describe all retiree benefit provisions, including any employer contributions and the underlying basis of how premiums are developed/assessed for retirees. In what years are the valuations to be conducted? No GASB valuation will need to be done by the Benefits Consultant. 15. Are all covered entities covered uniformly under benefit provisions as in place for City employees? Are any entity -specific analyses/services to be conducted, and if so, are those services to be paid separately by those covered entities? All covered entities are uniformly under the same benefit provisions, including retirees, as the City. Addendum 1 — 7279 Benefits Consultant Page 3 of 7 cease employing or contracting with the illegal alien; except that Professional 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. e. Professional 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. f. If Professional 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, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional 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. RFP 7279 Benefits Consultant Page 23 of 27 THE CITY OF FORT COLLINS, COLORADO By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] or Doing business as [insert name of business] By: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: Corporate Secretary (Corporate Seal) RFP 7279 Benefits Consultant Page 24 of 27 EXHIBIT "A" SCOPE OF SERVICES (Contents to be determined) RFP 7279 Benefits Consultant Page 25 of 27 EXHIBIT "B" INSURANCE REQUIREMENTS 1. The Professional 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 Professional 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 Professional, 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 Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional'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 Professional shall maintain during the life of this Agreement for all of the Professional'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 Professional 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 Professional 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. RFP 7279 Benefits Consultant Page 26 of 27 EXHIBIT "C" CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional 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 Professional has agreed to perform, the Professional 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 Professional 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, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Professional shall not disclose any such information to any person not having a legitimate need -to - know for purposes authorized by the City. Further, the Professional 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 Professional understands that it shall have no obligation under this Agreement with respectto 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 Professional 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 Professional ceases to perform services forthe City, orthe City so requests for any reason, the Professional 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 Professional understands and agrees that the City's remedies at law for a breach of the Professional'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. RFP 7279 Benefits Consultant Page 27 of 27 16. Are proposed fees for core services to be established based on: a. Fixed fees b. Not to exceed fees, with invoices to be based on hours worked and proposed hourly rates? Fixed rates 17. May the consultant/broker accept any form of contingent compensation derived directly or indirectly through its relationship with the City? No 18. In Section IV. Questionnaire and specifically question number 23, you have asked for proposed cost of basic duties for each of the five contract years. Should these years be 2012-2016 rather than 2006-2010? Yes, 2012-2016. 19. How many pre Medicare and how many post -Medicare retirees are covered by your medical, dental and vision programs? Pre -Medicare = 4 Post -Medicare = 9 Retiree Medical plan is frozen — these are grandfathered retirees 20. Does your RFP anticipate that the successful bidder will also provide actuarial services relative to necessary updates to your OPEB/GAS45 valuations? • If so, do you prefer to pay a separate fee for this service only in the years when this service is performed? • OR, do you prefer to have this included in our annual fee proposal? • What is the year in which GASB45 / OPEB revaluation will next be needed (i.e. 2011, 2013)? No OPEB / GASB services provided by Benefits Consultant 21. Is pharmacy a covered benefit for post -Medicate retirees? If so, does the City apply for CMS subsidy? Yes. No. 22. Please clarify that under Question 23 of the RFP, that the dates for the "total cost not to exceed" for each contract period is mi-stated. Please confirm that the following is correct: January -December 2012 January -December 2013 January -December 2014 January -December 2015 January -December 2016 Addendum 1 —7279 Benefits Consultant Page 4 of 7 Yes, 2012 — 2016 is correct. 23. Please indicate which ASO, stop-loOss, pharmacy, PBM, including on site or other services/coverage that you anticipate will be marketed/bid after commencement of our agreement for each of the possible five (5) contract years? Medical, Rx, stop loss, dental, vision, life insurance, long and short term disability, EAP, and benefits consultant — at this point, the only RFP the Benefits Consultant gets involved with is medical, Rx, and stop loss 24. When was the last claims audit performed for your self -funded medical, dental, vision programs? Unknown 25. When was the last PBM / pharmacy audit performed? Unknown 26. 9. Have any of your vendors (including your PBM) ever forfeited or provided fee/rate concessions as a result of your existing performance standards or other guarantees? If so, please explain. Yes, once from Great -West Healthcare, approximately 3 years ago. 27. Are there any service, benefit, or network concerns, or other desired enhancement or improvements with or desired from your medical, dental or vision administrator? If so, please explain. We will be moving from CIGNA to UMR, Prescription Solutions, and ING in 2012. 28. Please help us further understand the integration of your wellness program with your health programs. a. What are your wellness program incentives/disincentives? Point system — 3 vacation days b. How are incentives linked to any or all of the following: completion of a health risk assessment? Participation in disease management/coaching programs? Tobacco cessation? Other desired behaviors, please explain. Yes — receive points and $50 incentive for completing HRA. In addition, receive points for participating in other programs such as disease management, coaching, etc. c. Are biometric screening performed as a part of your wellness programs? Yes — receive points for biometric screening Addendum 1 — 7279 Benefits Consultant Page 5 of 7 d. Are biometric results a self or otherwise reported component of the Health Risk Assessment? Yes — automatically reported to Mayo Clinic e. Does the city currently integrate or leverage any City or community resources in the delivery of wellness programming (i.e. parks & recreation)? If so, please explain. Yes — discounted recreation passes Does the City help the health plan promote a culture of health and well- being? (i.e., tobacco free work place, healthy snacks served at meeting/offered in vending, citywide branding as one of America's Healthiest Cities)? Yes — health choice classes offered — receive points 29. Is medical and pharmacy claims information a part of mined data used in disease management programs. Yes 30. What tools are currently available to help your employees, retirees, and their families compare the cost and quality of care and/or make other wise/informed health care choices? City education during open enrollment — tools available on UMR's website 31. Is the City of Fort Collins currently operating a grandfathered or non- grandfathered health plan? Non-grandfathered 32. What enhancements or improvements (if any) does the City hope to gain as a result of the RFP process for consulting services? Partner with an innovative organization that can present options to the City for plan coverage. 33. Does the City currently offer a qualified high deductible plan? Health Savings Account? Health Reimbursement Arrangement? If so, please describe. No 34. What are your three most pressing/top concems/needs as it relates to your health programs? Effect of 2014 Health Care Reform Changes Effect of 2018 Health Care Reform Changes Medical Plan Designs — options to offer more, less, different plans Addendum 1 — 7279 Benefits Consultant Page 6 of 7 35. What are three most pressing challenges and opportunities that are currently or anticipated to face the City as a whole over the next three years? Baby boomers retiring Succession planning Performance Excellence 36. Will you please expand on question 12 providing us with examples of what types of reports and internet capabilities you are looking for? The reports that benefits consultant would receive from other City vendors, such as medical, and your internet capabilities to obtain. 37. Why is the City of Fort Collins going out to bid for benefit consulting services? Are you unhappy with you current consultant partner? The City is required by Code to go out to bid every 5 years. The City reserves the right to not answer the second part of your question as part of the bidding process. 38. What areas are you looking to improve on your management reports (question #13)? Please provide the types of reports you would be able to submit to the City for use in communicating with City management. 39. How does the City of Fort Collins view the acceptance by brokerage firms of overrides, contingency commissions, or any additional carrier compensation? What are your requirements around transparency? None should be accepted. Full transparency required. 40. Would you like a detailed proposal of our annual core services? Yes, you could provide this information in your RFP response. 41. While you indicate that RFP services can be included or not, is there a preference? No. Addendum 1 — 7279 Benefits Consultant Page 7 of 7 C'}`r " o� Financial Services Fort Purchasing Division 215 N. Mason St. 2ntl Floor Collins PO Box 580 Fort Collins, CO 80522 010� 970.221.6775 Pu rchas i n 970.221.6707 (cgov.corn1puom/purchasing REQUEST FOR PROPOSAL 7279 BENEFITS CONSULTANT The City of Fort Collins is seeking proposals from qualified firms to provide benefit consulting services for employee benefit related programs, to assist in the compliance of Federal and State Laws, and to assist in benefit request for proposal processes. Qualified firms will have extensive experience in performing insurance analysis, working with other benefit vendors, and assistance with plan recommendations for a self -insured City plan. Written proposals, five (5) 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), on September 23, 2011. Reference RFP# 7279. 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 Amy Sharkey, Compensation and Benefits Manager, at (970) 416-2721 or asharkey(cDfcgov.com. Questions regarding proposals submittal or process should be directed to David Carey, CPPB, Buyer, at (970) 416-2191 or dcarev fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcqov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Propriety 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 propriety is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product service pricing. Summary pricing 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. RFP 7279 Benefits Consultant Pagel of 27 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 RFP 7279 Benefits Consultant Page 2 of 27