Sarasota County
Bid 153150HR
5
Solicitation 153150HR
Benefits Administration System
Bid Designation: Public
Sarasota County
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Sarasota County
Bid 153150HR
5
Bid 153150HR Benefits Administration System Bid Number
153150HR
Bid Title
Benefits Administration System
Bid Start Date
Jul 24, 2015 3:47:57 PM EDT
Bid End Date
Aug 26, 2015 2:30:00 PM EDT
Question & Answer End Date
Aug 12, 2015 5:00:00 PM EDT
Bid Contact
Helen Reed Procurement Analyst Sr. OFM - Procurement 941-444 -9858
[email protected]
Contract Duration
3 years
Contract Renewal
2 annual renewals
Prices Good for
120 days
Bid Comments
Sarasota County (“County”), a political subdivision of the State of Florida, will receive proposals on the date indicated in BidSync for the purpose of selecting a qualified proposer or proposers to provide a hosted benefits administration system. The County seeks to implement a new benefits administration and management system that will enable staff to provide efficient and effective service to members while ensuring compliance with Affordable Care Act (ACA), IRS Section 125, Health Insurance Portability and Accountability Act (HIPAA), Health Information Technology for Economic and Clinical Health (HITECH), and other health care compliance regulations.
Required Vendor Qualifications NO LOBBY, IMMIGRATION Item Response Form
Item
153150HR--01-01 - Letter of Interest
Quantity
1 each
Prices are not requested for this item. Delivery Location Sarasota County No Location Specified Qty 1 Description Pursuant to 4.4.1 Part I (REQUIRED)
Item
153150HR--01-02 - Licenses and Certifications
Quantity
1 each
Prices are not requested for this item. Delivery Location Sarasota County No Location Specified Qty 1 Description Pursuant to 4.4.2 Part I (REQUIRED) 7/24/2015 1:50 PM
Item
p. 2
153150HR--01-03 - Resumes of Key Personnel
Qty 1 Description Pursuant to 4.4.2 Part I (REQUIRED)
Sarasota County
Item
153150HR--01-03 - Resumes of Key Personnel
Quantity
1 each
Bid 153150HR
Prices are not requested for this item. Delivery Location Sarasota County No Location Specified Qty 1 Description Pursuant to 4.4.3 Part I (REQUIRED)
Item
153150HR--01-04 - Experience
Quantity
1 each
Prices are not requested for this item. Delivery Location Sarasota County No Location Specified Qty 1 Description Pursuant to 4.4.4 Part I (REQUIRED)
Item
153150HR--01-05 - Project Approach
Quantity
1 each
Prices are not requested for this item. Delivery Location Sarasota County No Location Specified Qty 1 Description Pursuant to 4.4.6 Part I (REQUIRED)
Item
153150HR--01-06 - System Functionality
Quantity
1 each
Prices are not requested for this item. Delivery Location Sarasota County No Location Specified Qty 1 Description Pursuant to 4.4.7 Part I (REQUIRED)
Item
153150HR--01-07 - Schedule/Timeline
Quantity
1 each
Prices are not requested for this item. Delivery Location Sarasota County No Location Specified Qty 1 Description Pursuant to 4.4.8 Part I (REQUIRED) 7/24/2015 1:50 PM
Item
p. 3
153150HR--01-08 - Reports
Qty 1 Description Pursuant to 4.4.8 Part I (REQUIRED)
Item
153150HR--01-08 - Reports
Quantity
1 each
Sarasota County
Bid 153150HR
Prices are not requested for this item. Delivery Location Sarasota County No Location Specified Qty 1 Description Pursuant to 4.4.9 Part I (REQUIRED)
Item
153150HR--01-09 - Compensation
Quantity
1 each
Prices are not requested for this item. Delivery Location Sarasota County No Location Specified Qty 1 Description Pursuant to 4.4.10 Part I (REQUIRED)
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Sarasota County
Bid 153150HR
REQUEST FOR PROPOSALS (“RFP”) – PART I RFP #: 153150HR 1.0
RFP TITLE: Benefits Administration System
PURPOSE Sarasota County (“County”), a political subdivision of the State of Florida, will receive proposals on the date indicated in BidSync for the purpose of selecting a qualified proposer or proposers to provide a hosted benefits administration system. Proposers are required to comply with Part II, Scope of Services/Work Specifications. For the purpose of this RFP, the term “Proposer” is defined as the legal entity submitting the proposal.
2.0
QUALIFICATIONS The Proposer must have experience providing hosted benefits administration systems. 2.1
2.2
Minimum Qualifications: 2.1.1.
Assigned project staff must include a minimum of one (1) Project Management Institute (PMI) Certified employee with a Project Management Professional (PMP) certification. The Certified employee must be a direct employee of the submitting firm.
2.1.2.
Proposer must have successfully implemented a minimum of three (3) benefit system solutions with public or private customers of similar size and complexity as Sarasota County within the last five (5) years, prior to the RFP submittal date.
2.1.3.
Proposer must provide a minimum of two (2) governmental, industrial or commercial project references that demonstrate two (2) project implementations of their benefit solution with payroll integration where they provided: Licensing, warranty and maintenance support within the last five (5) years prior to the RFP submittal date.
Preferred qualifications: 2.2.1 Experience implementing Benefits Administration systems in the State of Florida.
3.0
2.3
One (1) project reference is required for each qualification in 2.1, unless one (1) reference can apply for multiple qualifications.
2.4
Failure to provide project references that verify required experience within the last five (5) years may result in the proposal being declared non-responsible.
PRE-PROPOSAL CONFERENCE AND/OR SITE VISIT 3.1
All conferences and site visits will take place at the time, date and location specified in BidSync. No pre-proposal conference or site visit is scheduled There will be a mandatory pre-proposal conference or site visit There will be a non-mandatory pre-proposal conference or site visit RFP Part I Rev 06/02/15 - Page 1 of 6
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Bid 153150HR
REQUEST FOR PROPOSALS (“RFP”) – PART I
4.0
3.2
Failure by a Proposer to attend a mandatory pre-proposal conference or site visit will result in their proposal being considered non-responsive.
3.3
When applicable, proposers are advised to visit each location to familiarize themselves with all work areas. Failure to do so will in no manner relieve the Proposer from furnishing materials or services that may be required to carry out and complete the contract in accordance with the intent of the specifications listed herein.
3.4
Questions asked at a pre-proposal conference will be formally answered via an addendum. Proposers shall not rely on oral communications.
SUBMITTAL DOCUMENTS 4.1
Electronic Forms - The forms checked below are provided as attachments to this RFP. Failure to complete and submit any of the required forms electronically with a submittal may be cause to declare a proposer non-responsive. a. Proposer Information Form Required
Not Applicable
b. Proposed Subcontractor Form Required
Not Applicable
c. Project Form – Should demonstrate a long term commitment to provision of system, services and long term viability as a company, by showing three or more projects completed within the last five (5) years , prior to the RFP submittal date with implementing Benefits Administration systems that are compliant with the most current IRS Section 125 rules and regulations. Required
Not Applicable
d. Reference Form Required
Not Applicable
e. Local Business Certification – Select “N/A” on the Local Business Certification if you do not qualify as a local business. Required
4.1.2.
Not Applicable
Other: Required
4.2
Optional
Not Applicable
Required Qualification Documents – All Proposers must complete the qualifications listed below in BidSync prior to the submittal due date and time. Failure to complete any of the required qualifications by the specified due date and time, may be cause to declare a proposer non-responsive. a. (REQUIRED) No Lobby Qualification: All proposers must complete a No Lobby qualification in BidSync prior to the submittal due date and time. b. (REQUIRED) Immigration Qualification: All proposers must verify they meet Federal and State employment eligibility requirements by completing the Immigration Qualification (Employment Eligibility) in BidSync prior to the submittal due date and time. RFP Part I Rev 06/02/15 - Page 2 of 6
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Bid 153150HR
REQUEST FOR PROPOSALS (“RFP”) – PART I 4.3
Drug Free Qualification: Proposers that have implemented a drug-free workplace program pursuant to Section 287.087, Florida Statutes should complete the Drug-Free Qualification in BidSync prior to the submittal due date and time. Only those proposers who have completed the Drug-Free qualification shall be given preference in the event of a tie. Proposers are not required to complete this qualification in BidSync to place an offer.
4.4
Documents - In addition to the forms listed above, proposals must include all of the documents below that are marked as “Required”. All required documents must be provided in electronically in PDF format. 4.4.1.
Letter of Interest – All proposals must include a single page Letter of Interest Required
4.4.2.
Not Applicable
Licenses and Certifications Required
4.4.3.
Optional
Optional
Not Applicable
Resumes of Key Personnel Required
Optional
Not Applicable
4.4.4. Experience – Provide a brief history of the firm, including number of years in business, pertinent capabilities and evidence of experience and resources necessary to successfully provide the services requested. Maximum 10 pages. Required
Optional
Not Applicable
4.4.5. Customer List – Provide a complete list of customers who have been provided services similar to the scope of services described in this RFP. Required
4.4.6.
Optional
Not Applicable
Project Approach (Maximum 20 Pages)Provide a detailed project approach for all aspects of software implementation, training, and trouble-shooting to ensure a smooth transition into the new software. Include the following: a. Provide detailed information regarding the implementation methodology including a the integration of the system with OneSolution HR/Payroll system This should be framed in terms of the various stages and time requirements associated with the implementation (e.g., software installation, training, process definition, etc.). b. Identify the tools which your organization utilizes for maintaining the project schedule and required resources. Provide the approach you plan to take relative to the extraction, transformation, and loading of existing County data from our SQL based HR/Benefits system to the new software database. c. Explain the process of communication for change management in regards to compliance, equipment, maintenance, etc. d. Provide the requirements for data transfer and implementation process requirements for each area.
Database analysis and data field mapping Conversion program writing Data integrity checking and audit methodology Post-conversion clean up RFP Part I Rev 06/02/15 - Page 3 of 6
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Sarasota County
Bid 153150HR
REQUEST FOR PROPOSALS (“RFP”) – PART I e. Describe your commitment to conduct proper testing before the “go live” date. f.
Describe the Physical and Logical architectural diagram of proposed solution.
g. Describe the Network and security requirements and the resource requirements of the County including number of staff, skill set of staff and role of staff. Required
Optional
Not Applicable
System Functionality (Maximum 50 pages) – Provide a detailed description of system functionality inclusive of the requirements as described in Part II, Scope/Technical Specifications. Include preferred functionality as described in 2.2 of Part II Scope/Technical Specifications.
4.4.7.
Required
Optional
Not Applicable
4.4.8. Schedule/Timeline - Provide a graphical representation of the proposed schedule/timeline indicating major milestones and deliverables. The total timeline to implement including start and end dates with graphical representation of the proposed schedule/timeline indicating major milestones and deliverables. Required
Optional
Not Applicable
4.4.9. Reports - Provide with your submittal a list of all available standard reports, query options and include representative examples of reports. Required
Optional
Not Applicable
4.4.10. Compensation – Provide proposed compensation using the method or methods checked below. Provide proposed fees using the Fee Schedule provided in BidSync and should address the following areas:
Implementation costs/fees. Per Month/Per Employee charge for vendor hosted system including data feeds and exports. Estimated employees 4500 (additional 3450 dependents for a total of 7950 lives). Integration with Payroll Systems post implementation Other modules or features not included in the base hosted system.(Provide as a separate attachment)
Provide a description of the total costs associated with this scope of work. Compensation methods shall include hourly rates and detail all direct expense costs for all anticipated services Do not provide compensation or fees Other: N/A 5.0
EVALUATION 5.1
All timely responses meeting the criteria set forth in this RFP shall be considered by the County.
5.2
Proposals will be evaluated in accordance with the scoring and evaluation criteria listed RFP Part I Rev 06/02/15 - Page 4 of 6
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Sarasota County
Bid 153150HR
REQUEST FOR PROPOSALS (“RFP”) – PART I in this solicitation document.
6.0
5.3
Prior to scoring the proposals, the Evaluation Committee will determine if oral presentations are required. If the Committee determines that oral presentations are necessary, the evaluation committee will evaluate all responsive and responsible proposals and short-list the three (3) highest ranking firms using the evaluation criteria in this solicitation. If the committee would like to hear oral presentations from more than three (3) proposers, they will make that determination prior to scoring the proposals.
5.4
Following presentations, the committee will rank the short-listed proposers and recommend the first ranked proposer for award.
5.5
Notice of any public meetings pertaining to this RFP shall be posted at www.scgov.net. Proposers are instructed to contact Sarasota County Procurement if no meetings are indicated on the website and they wish to confirm whether meetings have been scheduled.
SCORING AND EVALUATION CRITERIA 6.1
Proposals will be ranked using the following scoring criteria.
APPLICABLE IF CHECKED
CRITERIA
DESCRIPTION
MAXIMUM POINTS
DEMONSTRATED EXPERIENCE
References Provided and/or Demonstrated Past Experience
3
SYSTEM FUNCTIONALITY
As described in Attachment “A”
7
Plan for data transition, implementation, training, rollout and on-going service, maintenance and support.
5
COMPENSATION
Provide proposed fees using the method identified under “Submittal Documents”
3
LOCAL BUSINESS PREFERENCE
Awarded to proposers who meet the county’s local Business definition as described in the Sarasota County Procurement Code
2
PROJECT APPROACH
MAXIMUM TOTAL POINTS
20
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Sarasota County
Bid 153150HR
REQUEST FOR PROPOSALS (“RFP”) – PART I 7.0
AWARD 7.1
Award shall be made to the proposer or proposers who, in the sole opinion of the County, are most qualified to perform the scope of services required.
7.2
The successful proposer shall be required to submit proof of licenses or certifications as required by the County.
7.3
In the event of a tie, the tie-breaking procedures identified in the Sarasota County Procurement Manual will apply.
7.4
Local Preference In awarding this RFP, preference shall be given to local businesses in accordance with Section 2-215 of the Sarasota County Procurement Code. Local preference does not apply in the award of this RFP, due to Grant funding requirements.
8.0
CHANGES IN PROJECT TEAM 8.1
A change in the project team of a short-listed firm after the submission of the response to this RFP could result in reconsideration of the scoring of applicable evaluation criteria, at the sole discretion of the County.
8.2
Any changes in the project team of a short-listed firm should be brought to the attention of the County as soon as possible after the change is made. The changes, the reasons for the changes, and resumes for the individuals being substituted for an original project team member, must be submitted, prior to oral presentations, to the Procurement Analyst identified on the Solicitation Summary.
8.3
Decreases in scoring may result from the reconsideration of changes in the project team or a short-listed firm. No increases in scoring will result from the reconsideration of changes in the project team of a short-listed firm.
8.4
After award of a contract, the successful respondent shall not be allowed to substitute project team members named in this response, including subcontractors, without the prior written permission of the County. Substitution may, in the sole opinion of the County, be grounds for cancellation of selection, or termination of contract.
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Sarasota County
Bid 153150HR
PART II SCOPE OF SERVICES/WORK SPECIFICATIONS 1.0
SCOPE Sarasota County offers a variety of insurance benefits under its IRS Section 125 plan to 4,500 employees, retiree and COBRA members with a current total of 7,950 members including dependents. The Board of County Commissioners (BCC) Human Resources/Benefits staff administers benefits for the BCC, Supervisor of Elections, Clerk of Circuit Court, Tax Collector, Sheriff and the Property Appraiser’s office. Current software referred to as Human Capital Management System (HCMS) is internally hosted and was developed by a third party as custom software which is no longer supported. The HCMS Benefits module is not integrated with the current payroll systems. The desired software will be required to integrate with internal HR/Payroll and Enterprise Content Management Systems as well as external vendor systems. The County seeks to implement a new benefits administration and management system that will enable staff to provide efficient and effective service to members while ensuring compliance with Affordable Care Act (ACA), IRS Section 125, Health Insurance Portability and Accountability Act (HIPAA), Health Information Technology for Economic and Clinical Health (HITECH), and other health care compliance regulations. The system should offer third party vendor hosting and must be user friendly and scalable. In all instances, Sarasota County requires that it will have ownership of and access to its data. This system must offer regular updates and modifications to keep current with changes in laws and industry standards.
2.0
Functionality 2.1
Required system functionality includes, but is not limited to the following: a. Manage benefit options and rules by member groups b. Manage enrollment and eligibility of our 7900+ employee, retiree, cobra members and dependents c. Manage member eligibility with vendors and billing via two way integration d. Manage eligibility based on IRS Section 125 rules, HIPAA and other applicable regulations e. Integration with multiple internal HR/payroll systems for employee payroll deduction of premiums and employer paid portions f.
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Permit upload of supporting documents by the employee and benefits staff and integration of all documents with yet to be determined Enterprise Content Management System (also known as document management)
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Bid 153150HR
PART II SCOPE OF SERVICES/WORK SPECIFICATIONS g. Manage content of benefit plan information and options, vendor links and documents for employee access via employee self-service portal with a directed path through benefit options for new members, open enrollment status changes and terminations h. Communications with members such as group messaging i.
Automation of information flow , i.e., notifications, documents, approvals
j.
Maintain security through user roles, secure data feeds and protocols
k. Provide standard, customizable and ad hoc reporting as well as flexible options for customizing screens, fields and options l.
Be available 24/7 all year round and be web-based accessible
m. Administrative tools for Assistant County Administrator reporting n. Allow two-way data feeds with external vendors and must have full integration with other internal software including Microsoft Outlook, Sungard OneSolution HR/Payroll, Great Plains Payroll, On Base and SQLServer 2.2
System functionality must accommodate the following Benefit Options: a. System must capture all benefit enrollments, eligibility dependents and status changes for all agencies within the County b. Software needs to be web-based and its capabilities will need to be comprehensive enough to allow the department to go paperless, ensuring all data, including electronic signatures can be captured prior to the enrollment forms or status changes being processed and sent to the database c. System must be capable of customizing data field and data field names d. System must be able to create and maintain setup records for all benefits by agency, groups, benefit types, plans, schedules, effective dates, benefit descriptions, pre and post-tax, track at least 3 rates for every benefit tier (employee full rates, employee premium reduction rates and employer rates), actuarial or age based rates, allow for administrator definition of miscellaneous amounts vs. standard amounts (not actuarial) custom fields with administrator-only options e. Ability to add custom flags or options for specific legislation, such as the Alu O’Hara Public Safety Officers Health Benefits Act
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Bid 153150HR
PART II SCOPE OF SERVICES/WORK SPECIFICATIONS f.
System must help administer allowable Section 125 status changes by housing defined business rules or other method based on allowable reasons. Administrator should be able to override as needed
g. System will provide confirmation statements forms for the enrollment period by email, printing or employee’s portal. Statements will clearly indicate which benefits are approved or pending administrator or vendor approval. Overall statement language should be configurable through content management. Statements should also indicate if employee costs are estimated (actuarial rates) h. System will allow View/Print and e-signature of Benefit Statements for any specific date i.
System will show benefits in "Pending Status" on confirmation statement if the Evidence of Insurability (EOI) status or vendor required application has yet to be approved
j.
System will be able to determine eligibility start and end dates for each type of event and benefit
k. System must be able to have special open enrollment options l.
System must be able to mass auto enroll employees for multiple benefit groups or single enroll. Ability to map employees with existing benefits to new benefits in plan years that change products or vendors
m. System must allow administrator to manage different plan years for benefits n. System must be able to process dual-year events, such as an employee transfers during open enrollment and needs to make a status change in the current year and complete open enrollment. Employee should be directed through both plan year allowable enrollment changes. o. System must be able to process new hires and open enrollments changes from the last quarter of the year, including retirement changes. Employee should be directed through both plan year allowable enrollment changes p. System will allow employee to follow up on pending EOI and application required benefits by viewing status and adding required documents. Benefits Administrator will be able to manage EOI/App work queue by tracking status and notes related to vendor denial or approval. Prefer vendor integration where possible q. System must be highly configurable to meet current and future needs without extensive software customization. This should optimize both
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Bid 153150HR
PART II SCOPE OF SERVICES/WORK SPECIFICATIONS the ability of the vendor to provide long-term support and the flexibility to implement future upgrades and enhancements to the product r.
System must be able to save benefits transactions in progress so that an administrator can return to the transaction with data loss
s. System will be able to provide administrative override functionality t.
System must allow for field level security for data fields to be suppressed from view for certain security roles. Examples include Social Security Numbers
u. System must be able to calculate cost based on age and rules for certain benefit products. The employee should be provided with an estimate. v. System must have capabilities of setting up min/max limits for Flex Spending Accounts as well as employer contribution rate. The system should provide the employee with a calculator tool. Sarasota County operates on a 26 pay period per year payroll cycle for all agencies w. System must capture all benefit enrollments, eligibility dependents and status changes for all agencies within the County x. Software needs to be web-based and its capabilities will need to be comprehensive enough to allow the department to go paperless, ensuring all data, including electronic signatures can be captured prior to the enrollment forms or status changes being processed and sent to the database 3.0
Preferred Functionalities of the System (not required): 3.1
The System Preferred Functionalities must accommodate the following areas: a. Allow for tracking of wellness incentive program and display to employee through portal. b. Allow employee to view claim history or plan choices modeling for benefits selection of “what if scenarios”.
3.2
Portal Options: a. Ability to have employee view Wellness credits, etc. through the portal b. Ability to have employee view their claim history/plan choices for benefits selection of “what if scenarios” modeling c. Ability to have portal language conversion
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Bid 153150HR
PART II SCOPE OF SERVICES/WORK SPECIFICATIONS d. Integration with Cognos Reporting 4.0
5.0
Transition and Implementation Plan 4.1
The proposer shall be responsible for overseeing the transition and implementation of the system, including integration with OneSolution HR/Payroll system which covers the Board of County Commissioners, Supervisor of Elections, Clerk of Circuit Court, Tax Collector, Property Appraisers and the existing Sheriff’s Great Plains Payroll. The integration plan will require separate timing due to the implementation date of OneSolution HR/Payroll with estimated completion in June 2016.
4.2
The Contractor shall prepare, update and email a transaction status spreadsheet daily throughout the transition process.
Project Management The Contractor shall appoint a Project Manager to work with the County throughout the implementation. The activities to be provided by the Contractor’s Project Manager shall include, but not be limited to, the following
6.0
5.1
Development of an overall implementation strategy
5.2
Development of technical standards for modifications, conversion and system administration for all modules
5.3
Development of a plan for allocation of needed resources
5.4
Establishing a Project timeline, staging and scheduling
5.5
Task management, tracking, and status reports
5.6
Project meetings and documentation
5.7
Training development and coordination
security,
Training 6.1
The activities to be provided by the Contractor’s Training Staff shall include, but not be limited to: a. Providing an Onsite, web and/or computer based training module with test scenarios b. Provide Training Materials for various user roles including Administrator, Benefits Staff and Employee end user c. Providing customized training for up to 20 staff members who utilize the software application and its reporting functions on a daily basis in the field
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Sarasota County
Bid 153150HR
PART II SCOPE OF SERVICES/WORK SPECIFICATIONS d. Providing training for up to 3 Application Administrators who may fully administer the application, all modules and set up security for users 7.0
Warranty, Maintenance, and Support 7.1
A comprehensive warranty must be provided with the software system.
7.2
The maintenance shall include any maintenance required both on-site and off-site in order to maintain, or upgrade the systems total functionality.
7.3
Support must include 24 hour per day, 7 days a week, customer service support contact. This support must include both onsite and on-call support for both their software and hardware. The proposer should provide detail on response times and escalation matrix.
7.4
Enrollment Eligibility a. Benefit Wizard or Guided Path through enrollment options available for the employee/retiree (group) or management by agency b. System must store electronic signatures or track member acceptance with time and date stamp c. System must be able to create pending future-dated transactions with future-dated triggers, including open enrollment selections d. System must be able to use effective dates with data changes for criteria business rules, logic, data validations and workflow. System must handle post-dated transactions as well e. System must be able to display current, prior history and queued elections for benefit coverage and viewable to employee and Benefits Administrator f.
System must be able to house Beneficiary Information and History with a user/change log. Employee should be able to update their information within the employee portal. Benefits Administrator should be able to view and print from the administrator’s view
g. System must automatically save incomplete benefit elections for the employee to return into the system to complete at a later time h. System must be able to maintain benefit history on all data elements with user/administration change log including date/time and user stamps i.
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System must be able to house historical data
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Sarasota County
Bid 153150HR
PART II SCOPE OF SERVICES/WORK SPECIFICATIONS j.
System will be able to reactivate a past employee with their prior benefits and/or dependents during the election period
k. Benefits Administrator or HR Role should be able to assist a member in enrolling on their behalf. Change logging should show the person who actually made the change including accepting on the member’s behalf 7.5
Dependent Eligibility a. System must be able to track dependent eligibility specific to each dependent b. System has the ability to process applications for continuation of coverage for dependents reaching end of eligibility c. System should allow option for tracking of individual address for each dependent and other status including grandchild d. System should offer workflow or alert to administrator when Dependent nears age limits. Examples: when member or spouse near age 65; when dependent child nears age 26 or age 30; when grandchild nears age 1
7.6
Eligibility of Vendors/Billing a. System must communicate with various vendors electronically via a secure website b. System has ability to export eligibility files in the vendor’s format. System should allow for tracking of vendor code structure at benefit, plan and group level c. System must include an automated and secure billing interface that allows the data captured to be properly formatted and forwarded electronically to a third party entity using an FTP protocol
7.7
Compliance a. System must be designed such that all information transfers must be sufficiently secure as to be HIPAA, HITECH, IRS Section 125 and ACA compliant b. Status Change complies with qualifying events in accordance to Section 125 c. System must have comprehensive quality assurance and quality improvement (QA/QI) report writer for the department to write, schedule, and automatically flag report data that may have protocol violations identified and alert select members of the QA/QI committee
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Sarasota County
Bid 153150HR
PART II SCOPE OF SERVICES/WORK SPECIFICATIONS d. The respondent awarded the contract will be required to sign a confidentiality agreement 7.8
Document Management a. System must accommodate the attachment of documents or integration with Content Third party Enterprise Content Management/Document Management Systems. (pdf, doc, txt, jpg, etc.) b. System must have a Forms Library with integration with Content Management System c. System must accommodate notes section with tracking mechanisms such as user date/time stamps changes
7.9
Portals a. A self-service portal for employees must be available to self-initiate status changes, open enrollment, dependent verification, beneficiary changes and personal information b. System will automatically trigger appropriate forms for employees to complete based on their election and link to appropriate vendors, such as Long Term Disability (LTD), Life & Cancer coverage c. System will allow unlimited verbiage on each online enrollment screen d. Allowance of County branded website with customizable content for both guided enrollment and plan information
7.10
Communication a. System must be able to process alerts, workflows or tasks for New Hire, Termination/Separation, Pending Status Change / Status Change and EOI Request Notification and Job Changes b. System must be able to send notifications of status changes to administrator/employee when one has been requested, pending, approved or denied with required documents for status change c. System must be able to group notify or send out communication to mass groups
7.11
Reporting a. System’s report viewer must include drill-down capabilities and allow report writer and all level report modifications. System must have Ad-
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Bid 153150HR
PART II SCOPE OF SERVICES/WORK SPECIFICATIONS hoc report writing capabilities that have access to all data fields in the system b. System will have reporting to determine employees who did not make an election for Open Enrollment or New Hires c. System will be able show reports or stats on an interfaced dashboard such as Cognos d. Administrators must be able to export various file structures including, but not limited to .xls, .txt, .csv, and SQL 7.12
Security a. System must allow system administrators to configure security b. The proposed system must be designed to provide 99.9% availability of the application and database, inclusive of scheduled and unscheduled maintenance, as measured on an annual basis. There can be no loss of data. To bridge the maintenance windows the data should be queued and loaded when the system is available. There should be regularly scheduled database backups on a frequency to be determined and be supported by a disaster recovery plan c. System must have a notes area with tracking mechanisms such as user and date/time stamps d. System must allow data security level setups (view, update, delete) by users or group at all transactional levels e. System must allow the use of custom reports and share with all levels based on security f.
Software must have the ability to transmit administrative information, configuration changes or updates, and documents over the internet connection to all associated computers with administrative ability to select individual units or the entire system
g. The awarded proposer will be required to sign the Business Associate Agreement, attached hereto and incorporated herein as Exhibit A, at the time of contract. 7.13
Database Database will be SQL or be able to export to SQL Server 2008 or higher
7.14
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Data Exchange/Encryption
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Sarasota County
Bid 153150HR
PART II SCOPE OF SERVICES/WORK SPECIFICATIONS a. Data transfer over the Internet between Sarasota County Government and the hosting entity must be encrypted using current encryption methods. A dedicated VPN tunnel is the preferred method of encryption over the Internet b. While on the storage server, Sarasota County’s data must be encrypted using current encryption methods and isolated from access by Non-Sarasota County Government users c. Access (read/write/delete) to data must be logged with a unique identifier and access logs must be available to Sarasota County Government d. Access to a web based portal must have electronic procedure that ends a session after a set time of inactivity e. Deletion of data from servers must be logged and render the data unrecoverable 8.0
Hosting In order to accommodate hosting:
9.0
8.1
All data must be owned by the County
8.2
Web base or any browser requirements for plug-in must be identified
8.3
Sarasota County Password Policies must be applied for the application
8.4
Vendor will have a change management process implemented and communicated to Sarasota County of any events
Technology Requirement Computer systems and databases used for providing the documents necessary to any Agreement shall be compatible with existing County systems and Enterprise Information Technology policies.
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Sarasota County
Bid 153150HR
PART III INSURANCE REQUIREMENTS
This document contains all of Sarasota County’s insurance requirements. Checked boxes indicate that the coverage is required. A.
INSURANCE Before performing any contract work, Contractor shall procure and maintain, during the life of the contract, unless otherwise specified, insurance listed below. The policies of insurance shall be primary and written on forms acceptable to the County and placed with insurance carriers approved and licensed by the Insurance Department in the State of Florida and meet a minimum financial AM Best Company rating of no less than “A- Excellent: FSC VII.” No changes are to be made to these specifications without prior written specific approval by County Risk Management. IF CHECKED, COVERAGE IS REQUIRED Required
TYPE OF INSURANCE
1.
WORKERS’ COMPENSATION: Contractor will provide Workers’ Compensation insurance on behalf of all employees who are to provide a service under this contract, as required by the laws of the state where the contractor is domiciled. Florida Contractors must provide evidence of Workers’ Compensation insurance which meets the requirements of Florida Statutes, Chapter 440, AND Employer’s Liability with limits of not less than $100,000 per employee per accident, $500,000 disease aggregate, and $100,000 per employee per disease. If applicable, coverage for the Jones Act and Longshore Harbor Workers Exposures must also be included. **NOTE** Contractors who are exempt from Florida’s Workers’ Compensation law must provide proof of such exemption issued by the Florida Department of Financial Services, Bureau of Workers’ Compensation. In the event the Contractor has “leased” employees, the Contractor or the employee leasing company must provide evidence of a Workers’ Compensation policy for all personnel on the worksite.
Required Specify Amount Below
2.
COMMERCIAL GENERAL LIABILITY: Including but not limited to bodily injury, property damage, contractual, products and completed operations, and personal injury with limits of not less than the amount shown at left for each occurrence, covering all work performed under this contract.
3.
BUSINESS AUTOMOBILE LIABILITY: Contractor agrees to maintain Business Automobile Liability at a limit of liability not less than the amount shown at left for each accident covering all work performed under this contract.
$500,000 $1,000,000
Required Specify Amount Below $500,000 $1,000,000
Contractor further agrees coverage shall include liability for Owned, Non-Owned & Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial
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Sarasota County
Bid 153150HR
PART III INSURANCE REQUIREMENTS General Liability policy or separate Business Auto Liability policy. If private passenger automobiles are used in the business, they must be commercially insured. If the Contractor is shipping a product via common carrier, the contractor shall be responsible for any loss or damage sustained in delivery/transit. Required Specify Amount Below
4.
UMBRELLA LIABILITY: With limits of not less than the amount shown at left each occurrence covering all work performed under this contract.
5.
PROFESSIONAL LIABILITY: With limits of not less than the amount shown at left for professional services rendered in accordance with this contract. The Consultant shall maintain such insurance for at least two (2) years from the termination of this contract and during this two (2) year period the Consultant shall use his best efforts to ensure that there is no change of the retroactive date on this insurance coverage. If there is a change that reduces or restricts the coverage carried during the contract, the Consultant shall notify County Risk Management within thirty (30) days of the change.
6.
HAZARDOUS MATERIALS INSURANCE: For the purpose of this section, the term “hazardous materials” includes all materials and substances that are now designated or defined as hazardous by Florida or Federal law or by the rules or regulations of Florida or any Federal Agency. If work being performed involves hazardous materials, the need to procure and maintain any or all of the following coverage will be specifically addressed upon review of exposure. However, if hazardous materials are identified while carrying out this contract, no further work is to be performed in the area of the hazardous material until County Risk Management has been consulted as to the potential need to procure and maintain any or all of the following coverage through an addendum to the contract:
$1,000,000 $2,000,000 $5,000,000 $10,000,000 Required Specify Amount Below $500,000 $1,000,000
Required
Required
Required
Required
a. CONTRACTORS POLLUTION LIABIL1TY – For sudden and gradual occurrences and in an amount no less than $1,000,000 per claim and $1,000,000 in the aggregate arising out of work performed under this contract, including but not limited to, all hazardous materials identified under the contract. b. ASBESTOS LIABILITY – For sudden and gradual occurrences and in an amount no less than $1,000,000 per claim and $1,000,000 in the aggregate arising out of work performed under this contract. c.
DISPOSAL – When applicable, the Contractor shall designate the disposal site and furnish a Certificate of Insurance from the disposal facility for Environmental
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Sarasota County
Bid 153150HR
PART III INSURANCE REQUIREMENTS Impairment Liability Insurance, covering liability for sudden and accidental occurrences in an amount not less than $3,000,000 per claim and $3,000,000 in the aggregate and shall include liability for non-sudden occurrences in an amount not less than $6,000,000 per claim and $6,000,000 in the aggregate. d. HAZARDOUS WASTE TRANSPORTATION – When applicable, the Contractor shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability insurance with Endorsement MCS90 for liability arising out of the transportation of hazardous materials with an amount not less than $1,000,000 annual aggregate and provide a valid EPA identification number.
Required
*****Note: CERTIFICATES OF INSURANCE shall clearly state the hazardous material exposure work being performed under the contract. ***** Required
7.
BUILDERS’ RISK – PROPERTY COVERAGE: When applicable (none required on projects below $25,000), a special form coverage shall include, but not be limited to: a. Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project b. Theft coverage c.
Waiver of Occupancy Clause endorsement, which will enable the County to occupy the facility under construction/renovation during such activity
d. Limits of insurance to equal 100% of the insurable completed contract amount of such addition(s), building(s) or structure(s), on an agreed amount/replacement cost basis, and e. Maximum deductible clause of $10,000 each claim Required
8.
INSTALLATION COVERAGE - BUILDERS’ RISK: For installation, Contractor must provide Builders’ Risk installation coverage to include coverage for materials stored at the project site, property while in transit, and property stored at a temporary location for the amount of materials involved in this contract.
Required
9.
LIQUOR LIABILITY: With limits of not less than $1,000,000 per occurrence, when applicable. This coverage shall be required if, at any time, the sale or distribution of alcoholic beverages of any kind is inherent or implied within the provisions of the contract.
Required
10.
GARAGE KEEPERS LIABILITY: With limits equal to the full value of the lot or garage. Legal liability form will be acceptable. This coverage shall be required if the maintenance, servicing, cleaning or repairing of any County motor vehicles is inherent or implied within the provisions of
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Sarasota County
Bid 153150HR
PART III INSURANCE REQUIREMENTS the contract.
B.
Required
11.
BAILEE’S CUSTOMER: All risk coverage with property limits equal to the County assets in the vendor’s Care, Custody and Control.
Required
12.
OTHER: Specify
POLICY FORM 1.
Unless specific approval is given, all policies required by exception of Professional Liability and Workers’ Compensation occurrence basis. Commercial General Liability policies shall Government as additional insured as their interest may appear
this contract with the are to be written on an name Sarasota County under this contract.
2.
Insurance requirements itemized in this contract and required of the Contractor shall be provided on behalf of all sub-contractors to cover their operations performed under this contract. The Contractor shall be held responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to subcontractors.
3.
Each insurance policy required by this contract shall: a.
Apply separately to each insured against whom claim is made and suit is brought, except with respect to limits of the insurer’s liability
b.
Not be suspended, voided or canceled by either party except after thirty (30) calendar days prior written notice by certified mail, return receipt requested, has been given to County Risk Management.
4.
The County shall retain the right to review, at any time, coverage, form, and amount of insurance.
5.
The procuring of required policies of insurance shall not be construed to limit Contractor’s liability nor to fulfill the indemnification provisions and requirements of this contract.
6.
The Contractor shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this contract and shall be solely responsible for the payment of all deductibles and retentions to which such policies are subject.
7.
Claims Made Policies will be accepted for Professional Liability, Workers’ Compensation and Hazardous Materials, and such other risks as are authorized by County Risk Management. All Claims Made Policies contributing to the satisfaction of the insurance requirements herein shall have an extended reporting period option or automatic coverage of not less than two years. If provided as an option, the Contractor agrees to purchase the extended reporting period on cancellation or termination unless a new policy is effected with a retroactive date, including at least the last policy year.
8.
Certificates of Insurance evidencing Claims Made or Occurrence Form Coverage and conditions to this Contract are to be furnished to Sarasota County Risk Management (1660 Ringling Boulevard, 4th Floor, Sarasota, FL 34236) prior to commencement of work AND a minimum of thirty (30) calendar days prior to expiration of the insurance contract, when applicable. All insurance certificates shall be received by County Risk Management before the Contractor will be allowed to commence or continue work.
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Sarasota County
Bid 153150HR
PART III INSURANCE REQUIREMENTS 9.
Notices of Accidents (occurrences) and Notices of Claims associated with work being performed under this Contract, shall be provided to the Contractor’s/subContractor’s/Consultant’s insurance company and County Risk Management as soon as practicable after notice to the insured.
10.
The Certificate of Insurance must include the following: a.
b.
In the “Description of Operations/Special Provisions” section:
Sarasota County Government is named as an additional insured, as their interests may appear on Commercial General Liability.
Note: ACORD 2009 edition can use “X” for General Liability Additional Insured inclusion.
In the “Certificate Holder” section: Sarasota County Government Attn: Risk Management 1660 Ringling Blvd., 4th floor Sarasota, FL 34236
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Sarasota County
Bid 153150HR
5
PROPOSER INFORMATION FORM Proposer Information: Proposer (legal name of firm submitting proposal): # of Years in Business: Contact Name: Contact Email:
Contact Phone:
Proposer’s Headquarters: Headquarters Address: City:
State:
Zip:
State:
Zip:
Location to Perform Work: Address: City:
The person named below certifies that the information provided above is true and correct. Proposers who submit falsified data shall be subject to Section 2-213 of the Sarasota County Procurement Code and subject to suspension and debarment pursuant to Chapter 13 of the Sarasota County Procurement Manual. Business Name: Authorized Representative:
Title:
Solicitation #:
Date:
153150HR
6 7/24/2015 1:50 PM
p. 38
Sarasota County
Bid 153150HR
5
PROPOSED SUBCONTRACTOR FORM Use this form to list all sub -contractor’s that have been identified prior to submitting a proposal. Subcontractors listed may not be replaced without written approval by the County. Subcontractor Name: City:
State:
% of Work: Services to be provided: Subcontractor Name: City:
State:
% of Work: Services to be provided: Subcontractor Name: City:
State:
% of Work: Services to be provided: Subcontractor Name: City:
State:
% of Work: Services to be provided: Subcontractor Name: City:
State:
% of Work: Services to be provided: Subcontractor Name: City:
State:
% of Work: Services to be provided: Subcontractor Name: City:
State:
% of Work: Services to be provided: 7/24/2015 1:50 PM
p. 39
% of Work: Services to be provided:
Sarasota County
Bid 153150HR
The person named below certifies that the information provided on this list is true and correct. Proposers who submit falsified data shall be subject to Section 2 -213 of the Sarasota County Procurement Code and subject to suspension and debarment pursuant to Chapter 13 of the Sarasota County Procurement Manual. Business Name: Authorized Representative: Solicitation #:
Title: 153150HR
Date:
6
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p. 40
Sarasota County
Bid 153150HR
5
PROJECT FORM Use this form to provide a maximum of five (5) completed projects that demonstrate experience similar to that indentified in the scope of services for this solicitation. Only projects submitted on this form will be considered toward the satisfaction of the qualifications identified in the solicitation. The person named below certifies that the information provided on this form is true and correct. Proposers who submit falsified data shall be subject to Section 2-213 of the Sarasota County Procurement Code and subject to suspension and debarment pursuant to Chapter 13 of the Sarasota County Procurement Manual. Business Name: Authorized Representative:
Title:
Solicitation #:
Date:
153150HR
PROJECT #1 Project Name: Reference Name/Title: Reference Phone:
Reference Email:
Name of Firm Completing Project: Project Manager/Lead: Project Start Date: Scheduled Completion Date: Actual Completion Date: Total Project Budget: Actual Project Cost: Proposer’s Fee for Project:
Personnel Assigned: Identify all team members (by name and title) who were or are assigned to this project, and indicate their role in the project. Response is limited to 2,500 characters.
Project Scope: Provide detailed information regarding your firm’s role in the project and the role of key staff members who are identified in your proposal. Explain the discrepancy between budgeted and actual projected costs and scheduled and actual completion dates. Response is limited to 5,000 characters.
PROJECT #2 7/24/2015 1:50 PM
Project Name:
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Sarasota County
Bid 153150HR
PROJECT #2 Project Name: Reference Name/Title: Reference Phone:
Reference Email:
Name of Firm Completing Project: Project Manager/Lead: Project Start Date: Scheduled Completion Date: Actual Completion Date: Total Project Budget: Actual Project Cost: Proposer’s Fee for Project: Personnel Assigned: Identify all team members (by name and title) who were or are assigned to this project, and indicate their role in the project. Response is limited to 2,500 characters.
Project Scope: Provide detailed information regarding your firm’s role in the project and the role of key staff members who are identified in your proposal. Explain the discrepancy between budgeted and actual projected costs and scheduled and actual completion dates. Response is limited to 5,000 characters.
PROJECT #3 Project Name: Reference Name/Title: Reference Phone:
Reference Email:
Name of Firm Completing Project: Project Manager/Lead: Project Start Date: Scheduled Completion Date: Actual Completion Date: Total Project Budget: Actual Project Cost: Proposer’s Fee for Project: Personnel Assigned: Identify all team members (by name and title) who were or are assigned to this project, and indicate their role in the project. Response is limited to 2,500 characters.
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indicate their role in the project. Response is limited to 2,500 characters. Sarasota County
Bid 153150HR
Project Scope: Provide detailed information regarding your firm’s role in the project and the role of key staff members who are identified in your proposal. Explain the discrepancy between budgeted and actual projected costs and scheduled and actual completion dates. Response is limited to 5,000 characters.
PROJECT #4 Project Name: Reference Name/Title: Reference Phone:
Reference Email:
Name of Firm Completing Project: Project Manager/Lead: Project Start Date: Scheduled Completion Date: Actual Completion Date: Total Project Budget: Actual Project Cost: Proposer’s Fee for Project: Personnel Assigned: Identify all team members (by name and title) who were or are assigned to this project, and indicate their role in the project. Response is limited to 2,500 characters.
Project Scope: Provide detailed information regarding your firm’s role in the project and the role of key staff members who are identified in your proposal. Explain the discrepancy between budgeted and actual projected costs and scheduled and actual completion dates. Response is limited to 5,000 characters.
PROJECT #5 Project Name: Reference Name/Title: Reference Phone:
Reference Email:
Name of Firm Completing Project: Project Manager/Lead: Project Start Date: Scheduled Completion Date: Actual Completion Date: Total Project Budget: Actual Project Cost: 7/24/2015 1:50 PM
Proposer’s Fee for Project:
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Actual Completion Date: Total Project Budget:
Sarasota County
Bid 153150HR
Actual Project Cost: Proposer’s Fee for Project: Personnel Assigned: Identify all team members (by name and title) who were or are assigned to this project, and indicate their role in the project. Response is limited to 2,500 characters.
Project Scope: Provide detailed information regarding your firm’s role in the project and the role of key staff members who are identified in your proposal. Explain the discrepancy between budgeted and actual projected costs and scheduled and actual completion dates. Response is limited to 5,000 characters.
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Sarasota County
Bid 153150HR
PRICE PROPOSAL FORM Instructions to Proposers:
This form is required to be completed and submitted with your proposal. Failure to include this form with your proposal will result in a total award of zero (0) points in the Compensation category of the RFP, regardless of any supplementary or clarifying information provided.
Only one Price Proposal may be submitted with each proposal.
Only the Price Proposal submitted below shall be used in calculating the points to be awarded for Compensation.
The Price Proposal shall represent the Proposer’s best estimate of costs as described below, excluding optional goods or services, and shall be regarded as the maximum possible price and a starting point for post-award negotiations with the selected Proposer.
The score for Compensation shall be calculated on the basis of the Price Proposal indicated by the Proposer. o
The Proposer with the lowest Price Proposal will be awarded the maximum number of points.
o
All other proposals will be scored according to the following Formula:
(Lowest Price Proposal /Proposer’s Price Proposal) x Total Available Points = Score Example (for clarification purposes only): If the lowest submitted Price Proposal is $10,000, that proposer will receive the full number of points. Another proposer submitting a Price Proposal of $12,500 will receive points calculated as follows: First calculation: $10,000 / $12,500 = .8 Second Calculation: .8 x 3 = 2.4 2.4 points would be awarded in this example.
Price Proposal Total estimated cost for all goods and services necessary to perform the scope of services identified in the RFP, excluding any services specifically identified as optional: A.
$ ________________ Implementation
B. $_________________ Per Month/Per Employee for vendor hosted system including X 4500 data feeds and exports. Estimated Employees 4500(additional 3450 dependents for a total of 7950 lives) C. $_________________TOTAL (B. X 4500= C.) D. $_________________Integration with Payroll Systems post implementation TOTAL COST _____________ (A. + C. + D.)
Price Proposal Form RFP #xxxxxx
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Sarasota County
Bid 153150HR
PRICE PROPOSAL FORM • The pricing for other modules or features not included in the base hosted system will not be considered as part of the total cost above therefore will not be used in the calculation of points. Please submit any proposed modules or features not included in the base hosted system as a separate document with this price proposal form. (All Price Proposals shall include all overhead, travel expenses, labor, materials, equipment, technology, subcontractors, markup and any other related goods or services anticipated to be necessary for the performance of the services described in the RFP)
COMPENSATION - 3 POINTS Compensation Points shall be allocated and awarded in accordance with the Instructions to Proposers and Formula included in the Price Proposal Form.
__________________________________ Printed Name of Authorized Representative Of Proposer
_________________________________ Signature
___________________ Date
_________________________________ Firm Name
Price Proposal Form RFP #xxxxxx
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Sarasota County
Bid 153150HR
Exhibit A BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement (the “Agreement”) is made by and among Sarasota County, a political subdivision of the State of Florida, hereinafter referred to as the "Covered Entity" and [INSERT COMPANY NAME HERE], a Florida corporation authorized to do business in the state of Florida, hereinafter known as “Business Associate.” Covered Entity and Business Associate shall collectively be known herein as the “Parties." WHEREAS, Covered Entity wishes to commence a business relationship with Business Associate that shall be memorialized in a separate agreement (the “Underlying Agreement”) pursuant to which Business Associate may be considered a “business associate” of Covered Entity as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) including all pertinent regulations (45 C.F.R. Parts 160 and 64) issued by the U.S. Department of Health and Human Services as either have been amended by Subtitle D of the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), as Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5); and WHEREAS, the nature of the prospective contractual relationship between Covered Entity and Business Associate may involve the exchange of Protected Health Information (“PHI”) as that term is defined under HIPAA; and WHEREAS, for good and lawful consideration as set forth in the Underlying Agreement, Covered Entity and Business Associate enter into this agreement for the purpose of ensuring compliance with the requirements of HIPAA, its implementing regulations and the HITECH Act. NOW THEREFORE, the premises having been considered and with acknowledgment of the mutual promises and of other good and valuable consideration herein contained, the Parties, intending to be legally bound, hereby agree as follows: I.
Definitions. The following terms used in this Agreement shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use. Business Associate. “Business Associate” shall generally have the same meaning as the term “business associate” at 45 C.F.R. 160.103, and in reference to the party to this agreement, shall mean [INSERT LEGAL BUSINESS NAME HERE]. Covered Entity. “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 C.F.R. 160.103, and in reference to the party to this agreement, shall mean Sarasota County. Page 1 of 10
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Bid 153150HR
Exhibit A BUSINESS ASSOCIATE AGREEMENT HIPAA Rules. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 C.F.R. Part 160 and Part 164. Privacy Rule. “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 C.F.R. Part 160 and Part 164, Subparts A and E, as amended by the HITECH Act and as may otherwise be amended from time to time. II.
Use or Disclosure of PHI by Business Associate. A. Except as otherwise limited in this Agreement, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Underlying Agreement, provided that such use or disclosure would not violate the Privacy Rule. B. Business Associate may use or disclose protected health information as required by law. C. Business Associate shall only use and disclose PHI if such use or disclosure complies with each applicable requirement of 45 C.F.R. §164.504(e). D. Business Associate agrees to make uses and disclosures and requests for protected health information consistent with Covered Entity’s minimum necessary policies and procedures. E. Business Associate shall be directly responsible for full compliance with the relevant requirements of the Privacy Rule to the same extent as Covered Entity.
III.
Duties of Business Associate Relative to PHI. A. Business Associate shall not use or disclose protected health information other than as permitted or required by the Underlying Agreement or as required by law. B. Business Associate shall use appropriate safeguards, and comply with Subpart C of 45 C.F.R. Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by the Agreement. C. Business Associate shall immediately notify Covered Entity of any use or disclosure of protected health information not provided for by the Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 C.F.R. 164.410, and any security incident of which it becomes aware.
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Sarasota County
Bid 153150HR
Exhibit A BUSINESS ASSOCIATE AGREEMENT D. Business Associate shall immediately notify Covered Entity of a Breach of Unsecured PHI of which Business Associate (or Business Associate’s employee, office or agent) knows of such Breach or following the fifth business day on which Business Associate (or Business Associate’s employee, office or agent) should have known of such Breach. Business Associate’s notification to Covered Entity hereunder shall: i.
Be made to Covered Entity no later than 5 calendar days after discovery of the Breach, except where a law enforcement official determines that a notification would impede a criminal investigation or cause damage to national security;
ii.
Include the individuals whose Unsecured PHI has been, or is reasonably believed to have been, the subject of a Breach; and
iii.
Be in substantially the same form as Exhibit 1 hereto.
E. In the event of an unauthorized use or disclosure of PHI or a Breach of Unsecured PHI, Business Associate shall mitigate, to the extent practicable, any harmful effects of said disclosure that are known to it. Business Associate shall comply with all requirements as defined in §13402 of the HITECH Act. F. In accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, Business Associate agrees to ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such information. G. To the extent applicable, Business Associate shall provide access to Protected Health Information in a Designated Record Set at reasonable times, at the request of Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 C.F.R. §164.524. H. To the extent applicable, Business Associate shall make any amendment(s) to Protected Health Information in a Designated Record Set that Covered Entity directs or agrees to pursuant to 45 C.F.R. §164.526 at the request of Covered Entity or an Individual. I. Business Associate shall, upon request with reasonable notice, provide Covered Entity access to its premises for a review and demonstration of its internal practices and procedures for safeguarding PHI. J. Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for a Page 3 of 10 7/24/2015 1:50 PM
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Sarasota County
Bid 153150HR
Exhibit A BUSINESS ASSOCIATE AGREEMENT Covered Entity to respond to a request by an individual for an accounting of disclosures of PHI in accordance with 45 C.F.R. §164.528. Should an individual make a request to Covered Entity for an accounting of disclosures of his or her PHI pursuant to 45 C.F.R. §164.528, Business Associate agrees to promptly provide Covered Entity with information in a format and manner sufficient to respond to the individual's request. K. Business Associate shall, upon request with reasonable notice, provide Covered Entity with an accounting of uses and disclosures of PHI provided to it by Covered Entity. L. To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 C.F.R. Part 164, Business Associate shall comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligation(s). M. Business Associate shall make its internal practices, books, records, and any other material requested by the Secretary relating to the use, disclosure, and safeguarding of PHI received from Covered Entity available to the Secretary for the purpose of determining compliance with the Privacy Rule. The aforementioned information shall be made available to the Secretary in the manner and place as designated by the Secretary or the Secretary's duly appointed delegate. Under this Agreement, Business Associate shall comply and cooperate with any request for documents or other information from the Secretary directed to Covered Entity that seeks documents or other information held by Business Associate. N. Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 42 C.F.R. §164.502(j)(1). O. Except as otherwise limited in this Agreement, Business Associate may disclose PHI for the proper management and administration of Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. IV.
Term and Termination. A. Term. The Term of this Agreement shall be effective as of the date the Underlying Agreement is effective, and shall terminate when all of the Protected Health Information provided by Covered Entity to Business Page 4 of 10
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Sarasota County
Bid 153150HR
Exhibit A BUSINESS ASSOCIATE AGREEMENT Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, if it is infeasible to return or destroy Protected Health Information, protections are extended to such information, in accordance with the termination provisions in this Section IV. B. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall: i.
Provide an opportunity for Business Associate to cure the breach or end the violation and, if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity, terminate this Agreement;
ii.
Immediately terminate this Agreement if Business Associate has breached a material term of this Agreement and cure is not possible; or
iii.
If neither termination nor cure is feasible, report the violation to the Secretary.
C. Effect of Termination. Upon termination of this Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall not retain any copies of the Protected Health Information. D. In the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business Associate shall provide to Covered Entity written notification of the conditions that make return or destruction infeasible. After written notification that return or destruction of Protected Health Information is infeasible, Business Associate shall extend the protections of this Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information. E. Should Business Associate make a disclosure of PHI in violation of this Agreement, Covered Entity shall have the right to immediately terminate any contract, other than this Agreement, then in force between the Parties, including the Underlying Agreement. V.
Consideration. Business Associate recognizes that the promises it has made in this Agreement shall, henceforth, be detrimentally relied upon by Covered Page 5 of 10
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Sarasota County
Bid 153150HR
Exhibit A BUSINESS ASSOCIATE AGREEMENT Entity in choosing to continue or commence a business relationship with Business Associate. VI.
Remedies in Event of Breach. Business Associate hereby recognizes that irreparable harm will result to Covered Entity, and to the business of Covered Entity, in the event of breach by Business Associate of any of the covenants and assurances contained in this Agreement. As such, in the event of breach of any of the covenants and assurances contained in Sections II or III above, Covered Entity shall be entitled to enjoin and restrain Business Associate from any continued violation of Sections II or III. Furthermore, in the event of breach of Sections II or III by Business Associate, Covered Entity is entitled to reimbursement and indemnification from Business Associate for Covered Entity's reasonable attorneys’ fees and expenses and costs that were reasonably incurred as a proximate result of Business Associate's breach. The remedies contained in this Section VI shall be in addition to (and not supersede) any action for damages and/or any other remedy Covered Entity may have for breach of any part of this Agreement.
VII.
Modification. This Agreement may only be modified through a writing signed by the Parties and, thus, no oral modification hereof shall be permitted. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule and HIPAA.
VIII. Interpretation of this Contract in Relation to Other Contracts Between the Parties. Should there be any conflict between the language of this contract and any other contract entered into between the Parties (either previous or subsequent to the date of this Agreement), the language and provisions of this Agreement shall control and prevail unless the Parties specifically refer in a subsequent written agreement to this Agreement by its title and date and specifically state that the provisions of the later written agreement shall control over this Agreement. IX.
Miscellaneous. A. Ambiguity. Any ambiguity in this Agreement shall be resolved to permit Covered Entity to comply with the Privacy Rule. B. Regulatory References. A reference in this Agreement to a section in the Privacy Rule means the section as in effect or as amended. C. Notice to Covered Entity. Any notice required under this Agreement to be given Covered Entity shall be made in writing to: Page 6 of 10
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Sarasota County
Bid 153150HR
Exhibit A BUSINESS ASSOCIATE AGREEMENT Unit/Department: Ethics & Compliance Office Address: 1660 Ringling Boulevard, Fourth Floor Sarasota, FL 34236 Attention: Ethics & Compliance Officer Phone: (941) 861-5000 D. Notice to Business Associate. Any notice required under this Agreement to be given Business Associate shall be made in writing to: Address:
________________________________ ________________________________
Attention:
________________________________
REMAINDER OF PAGE INTENTIONALLY BLANK
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Sarasota County
Bid 153150HR
Exhibit A BUSINESS ASSOCIATE AGREEMENT IN WITNESS WHEREOF, Covered Entity and Business Associate have caused this Business Associate Agreement to be executed by duly authorized officers. WITNESS:
INSERT LEGAL NAME HERE
Print Name:
Print Name:
Signed By:
Signed By:
Date:_______________________
Title: Date:
SARASOTA COUNTY BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA BY:
CHAIRMAN
DATE: ATTEST: KAREN E. RUSHING, Clerk of the Circuit Court and Ex-Officio Clerk of the Board of County Commissioners BY:
Approved as to form and correctness: BY:
COUNTY ATTORNEY
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Sarasota County
Bid 153150HR
Exhibit A BUSINESS ASSOCIATE AGREEMENT EXHIBIT 1 Notification to Sarasota County Government regarding a Breach of Unsecured Protected Health Information This notification is made pursuant to Section IIID(iii) of the Business Associate Agreement between Sarasota County Government (County) and [INSERT LEGAL BUSINESS NAME HERE] (Business Associate). Business Associate hereby notifies County that there has been a breach of unsecured (unencrypted) protected health information (PHI) that Business Associate has used or has had access to under the terms of the Business Associate Agreement. Description of the breach: _____________________________________________ __________________________________________________________________ Date of the breach: __________________________________________________ Date of the discovery of the breach: _____________________________________ Number of individuals affected by the breach: _____________________________ The types of unsecured PHI that were involved in the breach (such as full name, Social Security number, date of birth, home address, account number, or disability code): ____________________________________________________________ __________________________________________________________________ __________________________________________________________________ Description of what Business Associate is doing to investigate the breach, to mitigate losses, and to protect against any further breaches: _________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Contact information to ask questions or learn additional information: Name: _______________________________________________________ Title: ________________________________________________________ Address: _____________________________________________________ _____________________________________________________ Email Address: ________________________________________________ Phone Number: ________________________________________________ Page 9 of 10 7/24/2015 1:50 PM
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Sarasota County
Bid 153150HR
Exhibit A BUSINESS ASSOCIATE AGREEMENT
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Sarasota County
Bid 153150HR
5
When applicable, Sarasota County grants preference to local businesses in accordance with Section 2 -215 of the Sarasota County Procurement Code. All vendors submitting a response to this solicitation must submit a local business certification as part of their bid/proposal submittal.
N/A. Vendor does not wish to be considered for local business preference (do not respond to items 1-4 below). Vendor would like to be considered for local business preference. If this box is checked, vendor must respond to items 1 – 4 below. 1.
Place of Business The business named below is legally authorized to engage in the sale of goods and/or services and has a permanent Sarasota County Charlotte County physical place of business in Manatee County Current Business Address: City:
Zip:
State: [months]
Length of time at current location: [years]
If the business has been located at the address above for less than 1 year, provide the previous address: Previous Business Address: City:
Zip:
State: [months]
Length of time at previous location: [years] 2.
Local Business Tax The business named below is located in and has an active local business tax receipt in: Sarasota County
Charlotte County Local Business Tax Receipt #:
If the business named below is located in Manatee County, the business must be able to submit verifiable documentation (utility bill, tax receipt, etc) to substantiate the location of the business, within 5 business days of request by the County. 3.
Local Business Employees Number of full-time employees employed by the business named below:
4.
Principal Officer A Principal Officer of the Business listed below is employed at the location identified in Section 1. Yes (If yes, please provide name and title)
No
Name of Principal Officer: Title of Principal Officer: The undersigned hereby certifies that the information provided above is true and correct. Businesses who submit falsified data shall be subject to Section 2-213 of the Sarasota County Procurement Code and subject to suspension and debarment pursuant to Chapter 13 of the Sarasota County Procurement Manual. Business Name: 7/24/2015 1:50 PM
Authorized Representative:
p. 57
Title:
falsified data shall be subject to Section 2-213 of the Sarasota County Procurement Code and subject to suspension and debarment pursuant to Chapter 13 of the Sarasota County Procurement Manual. Sarasota County
Bid 153150HR
Business Name: Authorized Representative:
Solicitation #:
Title:
Date:
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Sarasota County
Question and Answers for Bid #153150HR - Benefits Administration System
Bid 153150HR
5
Overall Bid Questions There are no questions associated with this bid. Question Deadline: Aug 12, 2015 5:00:00 PM EDT
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