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HomeMy WebLinkAboutRFP - 8283 BENEFITS CONSULTANT (2)RFP- 8283 Benefits Consultant Page 1 of 23 REQUEST FOR PROPOSAL (RFP) 8283 BENEFITS CONSULTANT The City of Fort Collins (City) is requesting 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 the City 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. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, six (6) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), April 25, 2016 and referenced as Proposal No. 8283. 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. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Lynn Sanchez at (970) 416- 2098 or lysanchez@fcgov.com. Questions regarding bid submittal or process should be directed to Jill Wilson, Buyer at (970) 221-6216 or jwilson@fcgov.com. All questions must be submitted in writing via email to Lynn Sanchez, with a copy to Jill Wilson, no later than 5:00 PM our clock on April 13, 2016. Questions received after this deadline will not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Commodity Code used for this RFP: 91840 Employee Benefits Consulting A copy of the RFP may be obtained at www.rockymountainbidsystem.com. 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 Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP- 8283 Benefits Consultant Page 2 of 23 their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. 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. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than one (1) page please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP- 8283 Benefits Consultant Page 3 of 23 TABLE OF CONTENTS RFP Invitation Pages 1-2 Section I - Scope of Services Pages 4-7 Section II - Timetable Page 7 Section III - Submittal Requirements Page 7 Section IV - Proposal Guidelines Pages 7-8 Section V - Review and Assessment Page 8 Section VI - Reference Evaluation Page 9 Vendor Statement (To be included in proposal) Page 10 Vendor Questionnaire (To be included in proposal) Pages 11-13 Attachment 1 – Eligibility by Classification Page 14 Exhibit A - Professional Services Agreement Pages 15-22 RFP- 8283 Benefits Consultant Page 4 of 23 REQUEST FOR PROPOSAL (RFP) 8283 BENEFITS CONSULTANT I. SCOPE OF SERVICES A. Introduction The City of Fort Collins (City) is requesting 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 the City 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. The City expects to enter into a Professional Services Agreement (Agreement) with the awarded Service Provider. The anticipated terms and conditions of the Agreement are set forth in attached Exhibit “A”, Sample Professional Services Agreement, consisting of eight (8) pages and incorporated herein by reference; however, the City may include additional terms and conditions in the Agreement as deemed necessary. B. Objectives & Deliverables The City’s 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 cost-effective, yet service-focused access to insurance carriers and benefits networks. 2. Represent the City in negotiations, as needed, with providers on a wide range of issues including those related to fees, benefit levels, plan design, and special terms and conditions. 3. Advise the City to ensure compliance with laws and regulations related to employee benefits. 4. High-level customer service and day-to-day support, as needed, in claim administration, escalation and re-adjudication of claims with the benefit administrator. 5. Review contracts with vendors to insure accuracy and comprehensiveness of coverage; provide guidance in contract interpretation as needed. 6. Assist the City with the implementation and communication of new programs/benefits or changes to existing programs/benefits. 7. Provide general guidance on trends in benefits offered and eligibility requirements. 8. Determine and recommend the most economical funding methods for the benefit programs. 9. Provide modeling in order to establish annual premium rates, including COBRA and retirees. RFP- 8283 Benefits Consultant Page 5 of 23 10. Provide annual reports outlining the contracted programs and their status, and a market analysis report describing the market conditions for each benefit. This report will outline suggestions and recommendations for the City’s strategy and will include the following items: a) Complete list of policies, carriers, renewal dates, and rates. b) Evaluation of overall insurance programs compared to similar employers. c) Forecast of market conditions and forecasted impact to policy 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. 11. Provide a high level of customer service to our organization to include evaluation of claims data, submission of executive reports and reconciliation of accounts. 12. Provide monthly and quarterly management reports for all benefit products. 13. Assist with bid specifications and collaborate with the City in the development of solicitations for purchase. 14. Assist in revising and maintaining Plan Documents, including the preparation of amendments as needed; review for accuracy and appropriateness. 15. Provide innovative approaches to benefit challenges facing the City and make recommendations for benefit plan design changes. 16. Provide answers or guidance to any general or technical benefit questions. 17. Assist in the appropriate preparation of any government filing or compliance review. C. Plan Information 1. 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 full time hourly employees in addition to grandfathered retirees. Same-sex domestic partners are covered under medical, dental, and vision plans only. See Attachment 1 for Eligibility by Classification information. 2. 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. 3. Current Benefit Plans The benefit plans for which services are requested are listed below. Plans indicated by an asterisk (*) are incorporated into a Section 125 flexible benefits plan. In addition, the medical plans are protected from claims over $225,000 through Specific Stop Loss insurance. RFP- 8283 Benefits Consultant Page 6 of 23 a) Health Plans* (Self-Funded, Employee/Employer Shared Cost): 1 PPO Plan: Administered by UMR. Contract will expire at the end of 2016  UMR Covered Services: Medical, Rx, Transplant Stop Loss: Administered by IHC b) Dental Plans* (Self-Funded, Employee/Employer Shared Cost): 1 Option: Comprehensive. Administered by Delta Dental c) Vision Plan (Fully insured, Employee Paid): 1 Option. Administered by Vision Service Plan (VSP) d) Term Life Insurance: Mandatory 1x salary or $10,000, Employer Paid Basic Life & AD&D: Administered by ReliaStar e) Supplemental Life and AD&D : Employee 1, 2, or 3x salary Spousal Coverage $25,000 - $100,000 Child(ren) Coverage $5,000 or $10,000 Administered by ReliaStar f) Voluntary Life and AD&D: Voluntary, $10,000-$300,000, in $10,000 units Voluntary Family Coverage Available Administered by Anthem Life g) Short-term Disability Advise-to-Pay, Employer Paid, Administered by ReliaStar) h) Long-term Disability (Fully Insured, Employer Paid, Administered by ReliaStar) i) Flexible Spending Accounts*: Health Care ($2,550 limit) and Dependent Care; ($5,000 limit); employee paid. Administered by ASIFlex. j) Employee Assistance Program (Employer Paid, Administered by ComPsych) k) Family Medical Leave Act (Administered by FMLASource) 4. Wellness Program The City has a comprehensive wellness program which includes educational seminars, exercise programs, healthy lifestyle incentive programs, health screenings, health assessments, and wellness coaching. Health Rick Assessments (HRA’s) are conducted through Marathon Health. 5. On-site Health and Wellness Center The City currently contracts with Marathon Health to provide on-site health and wellness services to employees and family members covered by the City’s health plan. Services include primary care, acute care, health coaching, and lab services. D. Professional’s Qualifications 1. A minimum of three (3) years prior experience with governmental entities as clients. 2. Must have similar benefits consulting experience as outlined in this RFP within the last three (3) years with organizations with at least 500 employees. 3. Firm must be licensed in the State of Colorado. 4. Prior experience with self-funded health, wellness and dental plans. RFP- 8283 Benefits Consultant Page 7 of 23 5. Understanding of, and direct experience with, Northern Colorado demographic area healthcare delivery concerns (e.g. single hospital, limited PPO arrangements, consolidated specialty physicians, etc.). 6. Experience working with cafeteria-style benefit programs, including IRS Tax Code Sections 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. II. TIMELTABLE The following is a proposed timetable developed for this RFP and may be subject to change. ITEM: DATE: Question due to the City April 13, 2016 at 5:00 P.M. (our clock) Submittal Deadline April 25, 2016 at 3:00 P.M. (our clock) Interviews Week of May 9th, 2016 Contract Signing Week of May 23rd, 2016 III. SUBMITTAL REQUIREMENTS The following documents must be included in the proposal. Proposals shall be limited to thirty (30) pages, excluding sample reports required in attached Questionnaire. The City reserves the right to reject any proposal exceeding these limits or omitting any submittal requirement. 1. Completed Vendor Statement, attached and incorporated herein. 2. Submit a copy of your responses to the attached Vendor Questionnaire, incorporated herein. Responses to the Vendor Questionnaire must be arranged and numbered in the same order. Responses will be evaluated according to the criteria annotated in Section V of this RFP. IV. PROPOSAL GUIDELINES The City assumes no responsibility for liability for any costs firms may incur in responding to this RFP; including attending meetings, interview sessions and/or contract negotiations. This RFP may be amended and/or revoked at any time prior to final execution of an Agreement with the City. In evaluating the proposals, the City may seek information from a Proposer to clarify their proposal. In that event, Proposer must submit written and signed clarifications and such clarifications shall become part of the proposal. All proposals shall remain subject to initial acceptance ninety (90) days after the day of submittal. RFP- 8283 Benefits Consultant Page 8 of 23 At the option of the City, interviews may be conducted for the highest ranked firms following evaluation of written proposals. Firms invited to interview will be requested to interview on- site on a date specified by the City. An anticipated timeline is annotated in Section II of this RFP. V. REVIEW AND ASSESSMENT Firms will be evaluated using on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal/Deliverables Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and deliverables required by the project? Are there any exceptions to the Scope of Services or Agreement? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Services for the project, and their day-to-day business operating processes and procedures? 2.0 Cost and Work Hours Does the proposal included detailed cost break-down for each cost element as applicable and are the costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? 2.0 Firm Capability Does the firm have the resources, capacity and support capabilities required to successfully meet service schedules? Has the firm successfully completed previous projects of this type and scope? RFP- 8283 Benefits Consultant Page 9 of 23 VI. REFERENCE EVALUATION (TOP RATED 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 Services completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Services completed within the project budget? Job Knowledge Were problems corrected quickly and effectively? RFP- 8283 Benefits Consultant Page 10 of 23 VENDOR STATEMENT I have read and understand the specifications and requirements for RFP 8283 and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete a Professional Services Agreement, including signing the HIPAA Business Associate Agreement, and submit required insurance certificates to the City of Fort Collins (City) within fifteen (15) days of notice of award. I understand that if the contract is not completed and signed within 15 days, the City reserves the right to cancel and award to the next highest ranked firm. FIRM NAME: ADDRESS: CITY, STATE, ZIP: EMAIL ADDRESS: PHONE: CONTACT’S NAME: SIGNATURE: TELEPHONE: CELL: EMAIL: RFP- 8283 Benefits Consultant Page 11 of 23 VENDOR QUESTIONNAIRE Scope of Proposal 1. Describe any problems you foresee, if any, in your ability to perform the services described in the RFP. 2. Describe your firm’s services offered for plan design modeling as it relates to wellness incentives, and creating a holistic approach to the City’s Total Rewards Strategy. 3. Explain what steps you have taken to become HIPAA compliant and what is your experience in offering HIPAA training to clients? 4. Explain how your firm stays current with change in federal and state laws and how this information will be communicated to the City. Describe your firm’s practice for communicating and ensuring compliance in these federal and state laws, including but not limited to, HIPAA, PPACA, COBRA, and other federal and state compliance areas. 5. Describe any audit services that you provide for claim audits or dependent eligibility audits. 6. Submit a sample of annual and periodic reports you provide similar clients. 7. Describe any customized or ad hoc reporting capabilities including Internet capabilities. 8. Describe any services provided by your firm for the purposes of employee and management communication and employee and management training. 9. 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. 10. What resources do you use for benchmarking? 11. Explain how you will ensure that performance standards for the City’s benefit related vendors are negotiated and met. 12. What is your firm’s experience in dealing with Northern Colorado demographic area healthcare issues? (e.g. single hospital, consolidated specialty physicians, etc.) 13. What is your experience in developing/evaluating/maintaining Section 125 plans? 14. What is your experience in bid proposals and negotiating for services of third party administrators, stop loss and other types of insurance? 15. What is your experience and recommendations for using a pharmacy benefits management firm? 16. Beyond the stated Scope of Services specified in this RFP, what additional services would you recommend to the City? What would be the estimated cost of those additional services? RFP- 8283 Benefits Consultant Page 12 of 23 Assigned Personnel & Availability 17. Provide information on the principal consultant who would be responsible for the City's 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. 18. If the principal consultant were to leave your firm, how would your firm ensure continuity of service? How soon would a new principal consultant be assigned to the City’s account? 19. What is the principal consultant's experience with self-funded benefit plans; specifically, medical, dental, wellness and on-site clinics? 20. How many clients does the principal consultant provide services to? List the five (5) largest clients in which the principal consultant is involved in 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. 21. 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 not, do you use an external benefits attorney? If so, which firm do you use? 22. Tell us the location of the office(s) from which consulting services would be provided. What is the employee turnover rate among consultants and staff personnel of this office during the past three (3) years? If not located in the Northern Colorado area, how do you envision the relationship developing and taking place on an on-going basis? Sustainability 23. Provide an overview of the firm’s philosophy and approach to Sustainability. In no more than one (1) page, please describe how your firm strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. Cost and Work Hours 24. Proposed cost The anticipated length of the Agreement will be for a period of one (1) year. 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. The proposed cost should be all- inclusive (i.e., miscellaneous administrative, travel, etc.). State the maximum annual consulting cost for the proposed services for each of the anticipated calendar contract years. Do not respond with hourly rates for this annual consulting fee. Total Cost not to exceed: Remainder of 2016 January 2017 – December 2017 RFP- 8283 Benefits Consultant Page 13 of 23 January 2018 – December 2018 January 2019 – December 2019 January 2020 – December 2020 January 2021 – December 2021 25. The City 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. PLEASE NOTE: 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 by the parties, in writing, prior to the consultant performing the work. Compensation for these services will be based on a “not to exceed” amount. Firm Capability 26. Describe your firm, its history and size, the locations in which it operates, and the number of employees. 27. Provide 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. 28. Provide three (3) terminated clients, include at least one (1) public sector client, to which your firm provided 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. 29. Describe, if applicable, any pending litigation against your firm. RFP- 8283 Benefits Consultant Page 14 of 23 Attachment 1 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: Employee must average a minimum of 30 hours/week for a year  Medical Only Retirees (pre- and post- 65): closed plans  Medical – 5 enrolled  Dental – 15 enrolled  Vision – 12 enrolled 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) RFP- 8283 Benefits Consultant Page 15 of 23 EXHIBIT A SAMPLE PROFESSIONAL SERVICES AGREEMENT (For informational purposes, do not fill in or submit with proposal) 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 ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 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 ( ) pages, 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. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the 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: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for RFP- 8283 Benefits Consultant Page 16 of 23 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 attorney’s 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 insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 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 ($ ) in accordance with Exhibit “ ”, consisting of ( ) page , attached hereto and incorporated herein. 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 in accordance with Exhibit “ ”, consisting of ( ) page , attached hereto and incorporated herein, 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 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 RFP- 8283 Benefits Consultant Page 17 of 23 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 hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 13. 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 RFP- 8283 Benefits Consultant Page 18 of 23 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. 14. 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. 15. 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. 16. 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. 17. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 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 RFP- 8283 Benefits Consultant Page 19 of 23 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 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. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, and Exhibit “ “ - HIPAA Business Associate Agreement, both consisting of one (1) page each, attached hereto and incorporated herein by this reference. RFP- 8283 Benefits Consultant Page 20 of 23 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP- 8283 Benefits Consultant Page 21 of 23 EXHIBIT 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 ______________________________ (“Business Associate”) By: _________________________ By: ___________________________ Name: _______________________ Name: _________________________ Title: ________________________ Title: __________________________ RFP- 8283 Benefits Consultant Page 22 of 23 EXHIBIT 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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: 1. 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 $1,000,000 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. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. RFP- 8283 Benefits Consultant Page 23 of 23 EXHIBIT 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 respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the 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 for the City, or the 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.