HomeMy WebLinkAboutR-03-0852J-03-650
07/23/03
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RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY
A FOUR-FIFTHS (4/5TIS ) AFFIRMATIVE VOTE, AFTER
AN ADVERTISED PUBLIC HEARING, WITH
ATTACHMENT(S), RATIFYING, APPROVING AND
CONFIRMING THE CITY'S MANAGER'S DETERMINATION
THAT A COMPETITIVE BIDDING PROCESS IS NOT
PRACTICABLE OR ADVANTAGEOUS, THAT AN
EMERGENCY EXISTED, AND WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH MAHONEY AND ASSOCIATES TO
PROVIDE HEALTH BENEFITS CONSULTING SERVICES,
IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED
$120,000, FOR ONE YEAR, WITH THE OPTION TO
EXTEND FOR ONE ADDITIONAL YEAR; ALLOCATING
FUNDS FROM THE DEPARTMENT OF RISK MANAGEMENT,
ACCOUNT CODE NO. 515001.624401.6.650.
WHEREAS, Mahoney and Associates was initially procured to
conduct a thorough analysis of the City of Miami's current health
plan for current employees and retirees, including such factors
as benefits provided, costs, usage, and to make recommendations
as needed; and
WHEREAS, the Department of Risk Management and City Manager
believe the continued procurement of health benefits consulting
services from Mahoney and Associates, due to its extensive
CITY COMMISSION
MEETING OF
Jill ' 4 7r'13
Resowtion No.
—
.; — S.
knowledge of the City's benefit plans from the initial
competitive process, is the most advantageous and in the City's
best interests; and
WHEREAS, the City Manager is authorized to execute a
Professional Services Agreement, in substantially the attached
form, with Mahoney and Associates for the provision of health
benefits consulting services for the Department of Risk
Management for one year, with the option to extend for one
additional year; and
WHEREAS, funding, in a total annual amount not to exceed
$120,000, is available from Account Code No. 515001.624401.6.650;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Page 2 of 4
J
Section 2. By a four-fifths (4/5th,) affirmative vote,
after an advertised public hearing, the City Manager's
determination that the competitive bidding process is not
practicable or advantageous, that an emergency existed, and
waiving the requirements for competitive bidding procedures is
ratified, approved and confirmed.
Section 3. The City Manager is authorizedlf to execute a
Professional Services Agreement, in substantially the attached
form, with Mahoney and Associates for the provision of health
benefits consulting services, for one year, with the option to
extend for one additional year, in a total annual amount not to
exceed $120,000, is approved, with funds allocated from the
Department of Risk Management, Account Code No.
515001.624401.6.650.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayoral
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the
City Commission.
Page 3 of 4
PASSED AND ADOPTED this 24th
ATTEST:
;71A It
PRISCILLA A. OMPSON
CITY CLERK
day of July , 2003.
APPROVED_.A,B70 FORD AND CORRECTNESS'
NDRO VILARELLO
ATTORNEY
W7398:tr:AS:BSS
Page 4 of 4
03— 852
03 r6yl-rte
PROFESSIONAL SERVICES AGREEMENT
4 • y
This Agreement is entered into this _ day of , 200_ (but effective as of
) by and between the City of Miami, a municipal corporation of the State
of Florida ("City") and Mahoney and Associates, a Massachusetts business trust (hereinafter
referred to as the ("Provider").
RECITALS:
A. As the City determined it had a need for Health Benefits Consulting Services, a
Request for Qualifications for Professional Services (PS# 02-09) was issued on January 17,
2003. It was determined the proposal submitted by Provider was the most advantageous and in
the City's best interests.
B. The City Manager approved the recommendation of the evaluation committee on
February 24, 3003 and the City entered into an agreement with Provider on March 20, 2003.
C. Subsequent to this solicitation, it was determined there existed a continued and
prolonged need to review, assess, and monitor the City's health benefit plans, the scope of which
was outside of the original competitive process.
D. The City waived the c3mpetitiv- ..-04-Pss kor-the provision of health benefits
�,
consulting services ("Services") due to Provider's extensive knowledge regarding the City's
benefit plans. It has been determined to be most advantageous and in the City's best interests to
continue the working relationship and authorize Provider to be a consultant on an on-going basis
monitoring the City's health benefit plans.
I
,)3- 852
E. The Commission of the City of Miami, by Resolution No. - ,
adopted on , 2003, approved the selection of Provider and authorized the City
Manager to execute a contract, under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows.
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and
made a part of this Agreement.
2. TERM: The term of this Agreement shall be one (1) year, commencing on the
effective date hereof.
3. OPTION TO EXTEND: The City shall have one (1) option to extend the term
hereof for a period of one (1) year, subject to availability and appropriation of funds. City
Commission approval shall not be required as long as the total extended term does not exceed
one (1) year, o" period equal to the orig;^--1 ter.-_ of *;:?s Agr,ement, whichever is longer.
4. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and under the
special terms and conditions set forth in Attachment "A" hereto, which by this reference is
incorporated into and made a part of this Agreement.
cm:PSAforHealthBenefitsConsultingMahoney 2 r) 3- 852
B. Provider represents and warrants to the City that: (i) it possesses all
qualifications, licenses and expertise required under the Solicitation Documents for the
performance of the Services; (ii) it is not delinquent in the payment of any sums due the City,
including payment of permit fees, occupational licenses, etc., nor in the performance of any
obligations to the City, (iii) all personnel assigned to perform the Services are and shall be, at all
times during the ternr nereot, fuliy qualified and trained to perform the tasks assigned to each;
and (iv) the Services will be performed in the manner described in Attachment "A".
5. COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be based on
the rates and schedules described in Attachment "B" hereto, which by this reference is
incorporated into this Agreement; provided, however, that in no event shall the amount of
compensation exceed $ 120,000.00.
B. Unless otherwise specifically provided in Attachment "B", payment shall be made
within ,`arty-f>/ve (45) days after receipt (-` Provider's invoice, which shall be a-companied by
sufficient supporting documentation and contain sufficient detail, to allow a proper audit of
expenditures, should City require one to be performed. If Provider is entitled to reimbursement
of travel expenses (i.e. Attachment `B" includes travel expenses as a specific item of
compensation), then all bills for travel expenses shall be submitted in accordance with Section
112.061, Florida Statutes.
cm:PSAforHealthBenefitsConsultingMahoney 3 93- 852
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by the City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall at all times remain the property of the City. Provider agrees not to
use any such information, document, report or material for any other purpose whatsoever without
the written consent of City, which may be withheld or conditioned by the City in its sole
discretion.
7. AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the City to Provider under this Agreement, audit, or cause
to be audited, those books and records of Provider which are related to Provider's performance
under this Agreement. Provider agrees to maintain all such books and records at its principal
place of business for a period of three (3) years after final payment is made under this
Agreement.
B. .,4he City may, at Mmes during the term here .f, inspect Provider's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods or services required to be provided by Provider under this Agreement conform to the
terms hereof and/or the terms of the Solicitation Documents, if applicable. Provider shall make
available to the City all reasonable facilities and assistance to facilitate the performance of tests
or inspections by City representatives. All tests and inspections shall be subject to, and made in
cm:PSAforHealthBenefitsConsultingMahoney 4
iJ3— 842
accordance with, the provisions of Section 18-100 of the Code of the City of Miami, Florida, as
same may be amended or supplemented, from time to time.
8. AWARD OF AGREEMENT: Provider represents and warrants to the City that it
has not employed or retained any person or company emplcyed by the City to solicit or secure
this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection
with, the award of this Agreement.
9. PUBLIC RECORDS: Provider undei stands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. Provider's failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Provider understands that agreements between private entities and local governments are subject
to certain laws and regulations, including laws pertaining to public records, conflict of interest,
record. keepinb; etc. City aad P.,,videi7 agree to comply with and observe all applicable laws,
codes and ordinances as they may be amended from time to time.
11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the
City and its officials, employees and agents (collectively referred to as "Indemnitees") and each
of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to
or death of any person or damage to or destruction or loss of any property arising out of,
cm:PSAforHealthBenefitsConsultingMahoney 5
03- 852
resulting from, or in connection with (i) the performance or non-performance of the services
contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in
whole or in part, by any act, omission, default or negligence (whether active or passive) of
Provider or its employees, agents or subconiractors (collectively referred to as "Provider"),
regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent
or contributing) by any act, omission, default or negligence (whether active or passive) of the
Indemnitees, or any of them or (ii) the failure of the Provider to comply with any of the
paragraphs herein or the failure of the Prc rder t:: vortfornr to statutes, ordinances, or other
regulations or requirements of any governmental authority, federal or state, in connection with
the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless
the Indemnitees, or any of them, from and against all liabilities which may be asserted by an
employee or former employee of Provider, or any of its subcontractors, as provided above, for
which the Provider's liability to such employee or former employee would otherwise be limited
to payments under state Workers' Compensation or similar laws.
12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of Kdefault hcr�=nder the City, in addition to all remedies available to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the City to Provider while Provider was in default shall
be immediately returned to the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided or contemplated herein, then, in addition to the foregoing,
cm:PSAforHealthBenefitsConsultingMahoney 6
Provider shall be liable to the City for all expenses incurred by the City in preparation and
negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -
procurement of the Services, including consequential and incidental damages.
13. RESOLJTION OF CONTRACT DA"k"" 'UTES. Provider understands and agrees that
all disputes between Provider and the City based upon an alleged violation of the terms of this
Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to
Provider being entitled to seek judicial relief in connection therewith. In the event that the
amount of compensation hcreundei exceeds 'i25,UUU, the City Manager's decision shall be
approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial
relief unless: (i) it has first received City Manager's written decision, approved by the City
Commission if the amount of compensation hereunder exceeds $25,000, or (ii) a period of sixty
(60) days has expired, after submitting to the City Manager a detailed statement of the dispute,
accompanied by all supporting documentation ninety (90) days if City Manager's decision is
subject to City Commission approval); or (iii) City has waived compliance with the procedure
set forth in this section by written instruments, signed by the City Manager.
14. CITY'S TERMINATION RIGHTS:
A_ . 'U,t City shall have thc- right to terr-tryis Agreement, in its ;cle di�crei��, ., at
any time, by giving written notice to Provider at least thirty (30) business days prior to the
effective date of such termination. In such event, the City shall pay to Provider compensation for
services rendered and expenses incurred prior to the effective date of termination. In no event
shall the City be liable to Provider for any additional compensation, other than that provided
herein, or for any consequential or incidental damages.
cm:PSAforHealthBenefitsConsultingMahoney
7
03- 852
B. The City shall have the right to terminate this Agreement, without notice to
Provider, upon the occurrence of an event of default hereunder. In such event, the City shall not
be obligated to pay any amounts to Provider and Provider shall reimburse to the City all amounts
received while Provider was in det'ault ::naeY Agreernent.
15. INSURANCE: Provider shall, at all times during the term hereof, maintain such
insurance coverage as may be required by the City. All such insurance, including renewals, shall
be subject to the approval of the City for adequacy of protection and evidence of such coverage
shall be m,ished to ithe `.ity ��i < e, �: '�u�c Insurru�e inu;eating such insuranec <o I e i�, i `.e
f
and effect and providing that it will not be canceled during the performance of the services under
this contract without thirty (30) calendar days prior written notice to the City. Completed
Certificates of Insurance shall be filed with the City prior to the performance of services
hereunder, provided, however, that Provider shall at any time upon request file duplicate copies
of the policies of such insurance with the City.
If, in the judgment of the City, prevailing conditions warrant the provision by Provider of
additional liability insurance coverage or coverage which is different in kind, the City reserves
the right to require the provision by Provider of an amount of coverage different from the
amounts c kind previously required and :h91J afford ' written notice of such ch_an-c in
thirty (30) days prior to the date on which the requirements shall take effect.
'rovider fail or refuse to satisfy the requirement of changed coverage within thirty
(30) days following the City's written notice, this Contract shall be considered terminated on the
date that the required change in policy coverage would otherwise take effect.
em:PSAforHeal"tnefitsConsultingMahoney 8 o) 3— 852
16. NONDISCRIMINATION: Provider represents and warrants to the City that Provider
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with Provider's performance under this Agreement on account of race, color, sex,
religion, age, handicap, maritzi status or nadonai origin. Provider further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any provision of this Agreement.
V. MINORITY 'ANDyyyM)l,iv BLSLNEL-Js AFFAIRS AND PROCUkEMEN'1'
PROGRAM: The City has established a Minority and Women Business Affairs and
Procurement Program (the "M/WBE Program") designed to increase the volume of City
procurement and contracts with Blacks, Hispanic and Women -owned business. The M/WBE
Program is found in Ordinance No. 10062, a copy of which has been delivered to, and receipt of
which is hereby acknowledged by, Provider. Provider understands and agrees that the City shall
have the right to terminate and cancel this Agreement, without notice or penalty to the City, and
to eliminate Provider from consideration and participation in future City contracts if Provider, in
the preparation and/or submission of the Proposal, submitted false of misleading information as
/
its -.atus as Black, Hispanic and/c, s .. ornen_ owned business and/or the qu ?iii ^-,1/or type of
minority or women owned business participation.
18. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in
part, without the prior written consent of the City's, which may be withheld or conditioned, in
the City's sole discretion.
cm:PSAforHealthBene6tsConsultingMahoney 9 Mi 3_ s J 2
19. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall b,:, given Ly hand -delivery o: by registered or certified U.S. Mail, return.
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of ac:ual recezpp, whi...hever is
TO PROVIDER:
TO THE CITY:
Mahoney & Associates Joe Arriola, City Manager
ATTN: William E. Mahoney, Jr., President City of Miami
2455 East Sunrise Blvd., Ste. 1200 3500 Pan American Drive
Ft. Lauderdale, FL 33304 Miami, Florida 33133
With copies to:
Alejandro Vilarello, City Attorney
City of Miami
444 S.W. 2"d Avenue, Suite 945
Miami, Florida 33130
Diane Ericson,
Risk Management Administrator
City of Miami
444 S W. 2"d Aven_7e, Nirth Floor
1vilratri, Florida 33130
cm:PSAforHealthBenefitsConsultingMahoney 10 iJ 3 - 852
20. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida. Vernue for any 'litigation shall be Miami -Dade County.
B. Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
oy any subsequent breach of the same or any other provision hereof, u,d no waiver shal be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
E. ,/this Agr* e- ment constitutes the sole and entir^. agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
cm:PSAforHealthBenefitsConsultingMahoney 11
03- 852
22. INDEPENDENT CONTRACTOR: Provider has been procured and is being
engaged to provide services to the City as an independent contractor, and not as an agent or
employee -of the City. Accordingly, Provider shall not attain, nor be entitled to, any ri&s or
benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally
afforded classified or unclassified employees. Provider further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Provider,
and agrees to provide workers' compensation insurance for any employee or agent of Provider
rendering services to the City under this Agreement.
23. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and is subject to
amendment or termination due to lack of funds, reduction of funds and/or change in regulations,
upon thirty (30) days notice.
24. REAFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the
representations contained in the Solicitation Documents for the Request for Qualifications for
Professional Services (PS # 02-09)
25. ENTIA/E. AGREEMENT: This inetruml-r_tss='1 ' .
� Its *tachments constitute the soc-
and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or
effect.
cm:PSAforHealthBenefitsConsultingMahoney 12
26. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
«Cit,»
CITY OF MIAMI, a municipal
ATTEST: corporation
By:
Priscilla A. Thompson, City Clerk Joe Arriola, City Manager
"Provider"
ATTEST: Mahoney and Associates
a Massachusetts business trust
Print :game:
Title: Corporate Secretary
APPROVED AS TO FORM AND
CORRECTNESS:
ALEJANDRO VILARELLO
City Attorney
PrirNarr , -
Title: President
APPROVED AS TO INSURANCE
REQUIREMENTS:
DIANE ERICSON
Risk Management Administrator
cm:PSAforHealthBeneritsComultingMahoney 13 01 3 + 852
ATTACHMENT A
SCOPE OF WORK
Background:
Mahoney and Associates proposes to provide professional health benefits consulting services
regarding the City of Miami's heath benefit plans.
General Welfare Plan Areas to be addressed: Group Medical, Prescription Drugs, Dental
Benefit Plans, and Actuarial and Compliance Services.
Scope of Work:
Services to be performed include, but are not limited to, the following:
Initial Management:
1. Work with designated City of Miami staff to review prior issues with current vendor
(CIGNA) in the areas of eligibility, billing, claims analysis and other areas that are
identified during this process. As a result of this work:
a. Develop strategic plans
b. Develop appropriate benefit plan design
c. Develop an unbundled approach to both stop loss coverage and pharmacy
management and potentially negotiate appropriate contracts
On -Going Management:
1. Provide day-to-day support of vendor issues.
2. Provide written monthly reports of medical plan performance (projected vs. actual,
explanation of differences and consultative observations).
3. Provide semi-annual management review detailing plan performance vs. projected
and strategy session(s) for upcoming renewal.
4. Pror�ide annual review nF plw_ vcnaor arrangements (Medical, Dental, Stop Loss
carriers and cidims Admiriistradon j.
5. If vendor changes are required, will work with designated City of Miami staff to
identify needs, determine vendors to market to, assist in the development of the RFP
to be distributed, and assist the City in decision making process as directed.
b. Provide TPA/Stop Loss management relative to specific stop loss claim issues.
7. Develop employee handouts and provide assistance with benefit plan
communications.
cm:PSAforHealthBenefitsConsultingMahoney 14 � 1 3 -
J 852
Compliance:
1. Provide annual actuarial certification of plan liabilities which includes Actuarial
Certified COBRA Rates, Funding Levels and Modeling for Employee Contributions,
and (IBNR) for all active employees.
:. Provide assistance wis completion .;f al: Ariiendm;vts and policies to ensiuc:
compliance of new laws.
em:PSAforHealthBenefitsConsultingMahoM 15
93- 852
ATTACHMENT B
COMPENSATON
Fees:
Hourly Rate:. $10`.00 per hour
Mahoney and Associates estimates approximately 1,500 hours of consulting time will be
required for the engagement annually. The $100 per hour basis represents an average hourly
billable rate for all staff. If billing were to occur at the various staff levels, the range would be
anywhere from an administrative level to our Actuary/Corporate Counsel (approximately $30 per
hour up to $350 plus per hour).
T-lowever t,) partrner with the Citv and to initiate the first steps of this management process under
the 'Benefit Analysis Project", the estimated hours are approximately i,200. "Therefore,. the
proposed annual fee is $120,000 for the performance of all required work to assist the City.
Compensation shall not exceed $120,000 without prior City Commission approval.
Payment shall be made in monthly installments, in arrears, and upon submission of proper
invoices reflecting a detailed accounting of the following: names of individuals who performed
said work; overall nature of work performed; dates and hours worked; and total number of hours
worked per month. Invoices shall include work performed from the first of the month to the last
day of the same month. Invoices shall be submitted to the Department of Risk Management no
later than the 10th of the following month for approval and authorization for payment of monies
owed. Upon approval of invoice(s), payment shall be made within thirty (30) working days
thereafter.
cm:PSAforHealthBene6isConsultingMahoney 16
A- 852
TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Priscilla A. Thompson DATE: June 14, 2005
City Clerk
SUBJECT
Scrivener's Error
Resolution No. 03-852
Maria J. Chiaro REFERENCES:
Assistant City Attorney ENCLOSURES:
FILE :
A scrivener's error is contained in Resolution No. 03-852. The City of Miami
Commission passed the resolution with a (4/5ths) affirmative vote allowing the
City Manager to a)jecute an Agreement between the City of Miami and Mahoney
and Associates for health benefits consulting services. The Resolution reads "in
a total amount not to exceed $120,000 for one year with an option to extend for
an additional year." However, the backup information and attached agreement
reads "a total annual amount not to exceed $120,000."
Please make the necessary correction by adding the word "annual," as indicated
on the attached corrected resolution.
Thank you for your cooperation on this matter. Please call me if you have any
questions.
W1210:MJC
,13- 852
J-03-650
07/23/03
RESOLUTION NO. 03- 852
A ESOLUTION OF THE MIAMI CITY COMMISSION, BY
A UR -FIFTHS (4/STNS) AFFIRMATIVE VOTE, AFTER
AN ADVERTISED PUBLIC HEARING, WITH
ATTA MENT(S), RATIFYING, APPROVING AN
CONFI ING THE CITY'S MANAGER'S DETERMINATI
THAT A COMPETITIVE BIDDING PROCESS IS OT
PRACTIC LE OR ADVANTAGEOUS, THAT AN
EMERGENC EXISTED, AND WAIVING THE
REQUIREME TS FOR SAID PROCEDURES; AUTH RIZING
THE CITY AGER TO EXECUTE A PROF SSIONAL
SERVICES A REEMENT, IN SUBSTANTI LLY THE
ATTACHED FO WITH MAHONEY AND AS CIATES TO
PROVIDE HEAL BENEFITS CONSULTI SERVICES,
IN A TOTAL AMO T NOT TO EXCEED 120,000, FOR
ONE YEAR, WITH THE OPTION TO XTEND FOR ONE
ADDITIONAL YEAR, ALLOCATING UNDS FROM THE
DEPARTMENT OF RI K MANAGEM T, ACCOUNT CODE
NO. 515001.624401. .650.
WHEREAS, Mahoney and As
conduct a thorough analysis o
ates was initially procured to
City of Miami's current health
plan for current employees/ and ret krees, including such factors
as benefits prov/Department
ts, usage, nd to make recommendations
as needed; and
WHEREAS, th of Risk Manag ent and City Manager
believe the cghtinued procurement of health
services fr,6m Mahoney and Associates, due
AT T A
ze✓ised oK V 1;1 -1 -os.
fits consulting
o its extensive
'y cobwsslox
MEETING CF
J U L 2 4 M03
Resolution No.
x:13- 852
k wledge of the City's benefit plans from the ini ial
comp itive process, is the most advantageous and in the ity's
best in rests; and
WHEREAS, the City Manager is authorized to execute a
Professional Se vices Agreement, in substanti ly the attached
form, with Mahone and Associates for the rovision of health
benefits consulting services for,/Department of Risk
Management for one yea with thto extend for one
additional year; and
WHEREAS, fundin/ITRESOLVED
1 amount not to exceed $120,000,
is available from Aco. 5 001.624401.6.650;
NOW, THEREFORE, BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1 The recitals and findings con ained in the
Preamble t this Resolution are adopted by re rence and
incorporae d as if fully set forth in this Section.
Page 2 of 4 03— 852
S ction 2. By a four-fifths (4/5th,) affirmative vote,
after a advertised public hearing, the City/Mana
determinate n that the competitive bidding proce
practicable r advantageous, that an emergency ewaiving the re uirements for competitive bidding pr
ratified, approve and confirmed.
Section 3. TheYuOO1.624401.,.650.
ger is autho izedll to execute a
Professional Services Ain subs ntially the attached
form, with Mahoney ands for he provision of health
benefits consulting serr on year, with the option to
extend for one additioni a total amount not to exceed
$120,000, is approved, s a located from the Department
of Risk Management, AccoNo. 5 5001.624401.6.650.
Section 4.T is Resolution shall become effective
immediately upon i adoption and signature of e Mayor./
1� The h ein authorization is further subject to comp fiance with
all equirements that may be imposed by the City Attorney,
inc uding but not limited to those prescribed by \ea
p visions of the City Charter and Code.
zf the Mayor does not sign this Resolution, it sha
effective at the end of ten calendar days from the da
passed and adopted. If the Mayor vetoes this Resolution,become effective immediately upon override of the ve
City Commission.
Page 3 of 4
03- 852
Revised or+ � 1 sl«as.
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members
of the City C sion
C'
FROM:
oe 'ola
f Administrator/City Manager
RECOMMENDATION
I I
JUL 16 2003
DATE: FILE
SUBJECT : waiving Competitive Bid and
Approving Acquisition of Health
Benefits Consulting Services from
REFERENCES'ahoney & Associates
ENCLOSURES:
It is respectfully requested that the City Commission adopt the attached Resolution, by a
four/fifths (4/5th) affirmative vote of the members of the City Commission, after a duly
advertised public hearing, ratifying, approving and confirming the City Manager's request for
waiving the requirements for competitive sealed bids, and authorizing the negotiation and
execution of an agreement for the acquisition of Health Benefits Consulting Services from
Mahoney & Associates, a non-minority/non-local vendor located at 2455 E. Sunrise Blvd., Ft.
Lauderdale, FL 33304, in a total amount not to exceed $120,000, for one year, with the option to
extend for one (1) additional year. Funding is available from the Department of Risk
Management, in the amount of $30,000 in Account Code No. 514001.623301.6.270. for FY 03;
and, $90,000 from same account code in FY 04.
BACKGROUND:
As the City determined it had a need for health benefits consulting services, a solicitation
detailing a specific scope of work was issued by the Purchasing Department in January, 2003.
The solicitation sought, among other requirements, an analysis of the City's health plan for
current employees and retirees, cost for same, and claims incurred and paid. Three (3) responsive
Proposals were received and evaluated by an evaluation committee. Following evaluation, it was
determined the proposal submitted by Mahoney and Associates was the most advantageous and
in the City's best interests. Via this competitive negotiation process, the City Manager approved
the recommendation of the evaluation committee on February 24, 2003, and a contract was
executed in an amount not to exceed $45,000 for one year, with the option to extend for two one
year terms, provided that the total Compensation for all services does not exceed $50,000.
03- 852
The Honorable Mayor and Members Page Two
of the City Commission
Subsequent to this solicitation, it was determined there existed a continued and prolonged need
to review, assess, and monitor the City's health benefit plans, the scope of which was outside of
the original competitive process. Due to Mahoney and Associates' extensive knowledge
regarding the City's benefit plans as a result of the initial competitive process, it has been
determined to be most advantageous and in the City's best interests to continue the working
relationship and authorize Mahoney and Associates to continue to participate in the management,
and as part of an on-going basis, the monitoring of the City's health benefit plans. Mahoney and
Associates proposes to continue to work with the City to review and assess issues related to the
City's group medical, prescription drugs, and dental benefit plans. Such work would involve, but
not be limited to, issues related to eligibility, billing, claims analysis, development of strategic'
plans, appropriate benefit plan design, and management review of plan performance. As a result,
it is not practicable nor advantageous for the City of Miami to discontinue the use of these
services from Mahoney and Associates.
J � E/GM/PB
A/I�lH/D
03_ 852
Budgetary Impact Analysis
1. Department Risk Management Division
2. Agenda Item # (if available)
3. Title and brief description of legislation or attach ordinance/resolution:
To waive competitive bidding process and authorize the negotiation and execution of an agreement
with Mahoney and Associates, as the most advantageous and in the City's best interests, to secure
health benefits consulting services for the Department of Risk Management.
4. Is this item related to revenue? NO: X YES(If yes, skip to item #7.)
5. Are there sufficient funds in Line Item?
YES: x Index CodV H500t.624491 Minor Obj. Code -65V' Amount $120.000.00
NO: _ Complete the following questions: T' -?'os • WIL,
FY'oy s�yoa�.csase,.. z'to 3190L
6. Source of funds: Amount budgeted in the Line Item $ 7 S,odU
Balance in Line Item $ 3 of c3dU
Amount needed in the Line Item $ 3C5 nc1d
Sufficient funds will he transferred from the fnllnwino line. itemc-
7
ACTION I ACCOUNT NUMBER
ACCOUNT NAME TOTAL
Index Minor Ob'ecVPro'ect No.
From
$
From
$
From
$
To
$
Any additional comments?
8. Approved
k � iAtsilllE to t4
Department DirectorMesignee tom$.:$ ` ----9
FOR DEPARTMENT OF MANAGEMENT AND BUDGET USE ONLY
Verifie byq..".., Verified by: _ Tzans&+lane by:
e S to P g, Bidgeting, and Budget Analyst Budg,* Yi
Performanc QQ ee _ _...
�103
Date -1 Data na �
Date
-�d b~
03- 852
TO: Priscilla A. Thompson
City Clerk
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE:
FILE:
SUBJECT: public Hearing Notice
Competitive Bid Waiver For
Acquisition of Health Benefits
FROM: REFERENCES ConSulting from Mahoney and
Associates
Diane EricsonDE� ENCLOSURES:
Risk Management Administrator
Attached please find the public hearing notice for a waiver of the requirement for competitive
sealed bids, and authorizing the negotiation and execution of an agreement for the acquisition of
Health Benefits Consulting, for the Department of Risk Management, from Mahoney and
Associates, a non-minority/non-local vendor located at 2455 E. Sunrise Blvd., Ft. Lauderdale, FL
33304, in a total amount not to exceed $120,000, for one year, with the option to extend for one
(1) additional year. Funding is available from the Department of Risk Management, in the
amount of $30,000 in Account Code No. 514001.623301.6.270. for FY 03; and, $90,000 from
same account code in FY 04.
This item is scheduled for the City Commission meeting of July 24, 2003.
Should you have any questions regarding this matter, please feel free to contact Diane Ericson,
Risk Management Administrator at (305) 416-1767.
AJM/pb
Attachment
03- 852
CITY OF MIANII
NOTICE TO THE PUBLIC
A public hearing will be held by the City Commission of the City of Miami, Florida on
July 24, 2003, at 9:00 a.m. in the City Commission Chambers at City Hall, 3500 Pan
American Drive, Miami, Florida, for the purpose of considering a waiver of the
requirement of obtaining sealed competitive bids and authorizing the negotiation and
execution of an agreement for the acquisition of health benefits consulting services, for
the Department of Risk Management, from Mahoney and Associates, a non-
minority/non-local vendor located at 2455 E. Sunrise Blvd., Ft. Lauderdale, FL 33304, in
a total amount not to exceed $120,000, for one year, with the option to extend for one (1)
additional year. Funding is available from the Department of Risk Management, Account
Code No. 514001.623301.6.270 in the amount of $30,000 for FY03 and $90,000 for
FY04.
Inquiries from other potential sources of such services who feel that they might be able to
satisfy the City's requirements for this item may contact Pamela Burns, CPPB, Sr.
Procurement Contracts OiIiceC, at the City of Miami Purchasing Department at (305)
416-1905.
(City Seal)
(#11071)
Priscilla A. Thompson
City Clerk
03- 852
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O V FFRBEYRE. who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
AD NO. 11071
CITY OF MIAMI - PUBLIC HEARING - 7/24/03
RE: DEPT. OF RISK MANAGEMENT, MAHONEY & ASSOCIATES
in the XXXX Court,
was published in said newspaper in the issues of
07/10/2003
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, tor a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing th5iv9dvertise r publication in the said
newspaper.
Swor and subscribed before me this
1 f J L
(SEAL) PG MARIA 1. MESA
DPW
O.V. FFRBEYRE personal)" Y COMMISSION # CC 885640EXPIRES: ftt 4, 2004
State of Florida Bended Riru Notary Public Underwriters
CITY OF MIAMI
% „ �M NOTICE TO THE PUBLIC
A public hearing will be held by the City Commission of the City of
Miami, Florida on July 24, 2003, at 9:00 a.m. in the City Commission
Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, for
the purpose of considering a waiver of the requirement of obtaining
sealed competitive bids and authorizing the negotiation and execution,
of an agreement for the acquisition of health benefits consulting
services, for the Department of Risk Management, from Mahoney and
Associates, a non-minority/non-local vendor located at 2455 E.
Sunrise Blvd., Ft. Lauderdale, FL 33304, in a total amount not to
exceed $120,000, for one year, with the option to extend for one (1)
additional year. Funding is available from the Department of Risk
Management, Account Code No. 514001.623301.6.270 in the amount
of $30,000 for FY03 and $90,000 for FY04.
Inquiries from other potential sources of such services who feel that
they might be able to satisfy the City's requirements for this item may
contact Pamela Bums, CPPB, Sr. Procurement Contracts Officer, at the
City of Miami Purchasing Department at (305) 416-1905.
c� 0
r Priscilla A. Thompson
o •fig „ c City Clerk
{#11071)
7/10 03-3-98/378878M
03 805,