HomeMy WebLinkAboutExhibit 1"Attachment A"
List of Pre -Qualified Firms by Categories
Categories Qualified Firms
Health Benefit Consulting Services Aon Consulting, Inc.
Deloitte Consulting, LLP
Gabriel Roeder Smith & Co.
USI Insurance Services, Inc.
Health Actuarial Services
Life Actuarial Services
Pension Actuarial Services
Casualty Actuarial Services
AMI Risk Consultants, Inc.
Aon Consulting, Inc.
Deloitte Consulting, LLC
Gabriel Roeder Smith & Co.
Gallagher Benefit Services, Inc.
USI Insurance Services, LLC
Aon Consulting, Inc.
Deloitte Consulting, LLP
Gabriel Roeder Smith & Co.
Gallagher Benefit Services, Inc.
Aon Consulting, Inc.
Deloitte Consulting, LLP
Gabriel Roeder Smith & Co.
USI Insurance Services, LLC
AMI Risk Consultants, Inc.
Deloitte Consulting, LLP
Health Benefit Consulting Services & Actuarial Services-RFQ 260247 ("Attachment A")
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO :
FROM :
Tony E. Crapp, Jr February 15, 2011
City Manager oarE:
Calvin Ellis, Chairperson C
Evaluation Committee
SUBJECT:
FILE :
Recommendation of Evaluation
Committee for RFQ 260247:
Health Benefit Consulting Services
REFERENCES& Actuarial Services
ENCLOSURES:
As Chairperson of the Evaluation Committee ("Committee") for the above services for the City of
Miami, it is my responsibility to offer the findings and recommendation of the Committee.
The City issued RFQ 260247 for the provision of Health Benefit Consulting Services & Actuarial
Services, and six (6) responsive Proposals were received. The Evaluation Committee
("Committee"), appointed by the City Manager, was comprised of the following individuals:
1. Calvin Ellis, Assistant Director, Risk Management, City of Miami (Chairperson)
2. John Burnett, Vice President, Finance and CFO, Adrienne Arsht Center
3. Jason Walker, Village Manager, El Portal Village
The Committee reviewed and discussed the qualifications of the six (6) responsive and responsible
proposers, and evaluated each pursuant to the criteria established in the City's RFQ #260247.
Following discussion and deliberation, the Committee recommends that the following Proposers be
qualified, in no particular order, for consideration in providing Health Benefit Consulting Services
& Actuarial Services for the City of Miami. All qualified proposers are recommended to enter into
Professional Services Agreements with the City to be used on an as -needed basis:
For Health Benefit Consulting Services
Aon Consulting, Inc.
Deloitte Consulting, LLP
Gabriel Roeder Smith & Co.
Gallagher Benefit Services, Inc.
USI Insurance Services, LLC
For Health Actuarial Services
AMI Risk Consultants, Inc.
Aon Consulting, Inc.
Deloitte Consulting, LLC
Gabriel Roeder Smith & Co
Gallagher Benefit Services, Inc
USI Insurance Services, LLC
For Life Actuarial Services
Aon Consulting, Inc.
Deloitte Consulting, LLP
Gabriel Roeder Smith & Co.
Gallagher Benefit Services, Inc.
For Pension Actuarial Services
Aon Consulting, Inc.
Deloitte Consulting, LLP
Gabriel Roeder Smith & Co.
USI Insurance Services, LLC
For Casualty Actuarial Services
AMI Risk Consultants, Inc.
Deloitte Consulting, LLP
For future work assignments on an as -needed basis, and, based on the future scope of services needs
required by the City in regard to health benefits consulting and actuarial services, the City will
initiate an informal competitive selection process that may include conceptual proposals and/or oral
presentations by each of the qualified proposers per category. The City will then objectively rank
each of the responding firms to identify the most qualified and responsive firm per work assignment.
Should work assignment negotiations fail with the most qualified firm, the Committee recommends
that the City negotiate with the second, and then third ranked firms, respectively. It is also
recommended by the Committee that the City Manager have the authority to administratively accept
a contract work assignment without further City Commission action unless the assignee of said
contract is not a firm qualified herein.
As the authorized chairperson of the selection committee, I certify that the firms listed above are
qualified in accordance with the qualification criteria set forth in RFQ #260247.
Committee Chairperson
Date: '/ l7 mot/
Your signature below represents your approval of the Committee's recommendation.
Approved by:
Tony E. Crapp, Jr.
City Manager
Date: (Sy
KENNETH ROBERTSON TONY E. CRAPP, JR.
Chief Procurement Officer ' • City Manager
ADDENDUM NO. 1
RFQ No. 260247 January 25, 2011
Health Benefits Consulting Services and Actuarial Services
- =TO -ALL-PROSPECTIVE-BIDDERS:
The following changes, additions, and clarifications amend the RFQ Documents of the above captioned
RFQ, and shall become an integral part of the Contract Documents. Words and/or figures stricken
through shall be deleted. Underscored words andlor figures shall be added. The remaining provisions
are now in effect and remain unchanged. Please note the contents herein and reflect same on the
documents you have on hand.
Section 2.3. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD is amended as follows:
(9) If the City Commission approves the recommendations, the City will enter into negotiations with the
selected Proposer(s) for a contract for the required services. Such negotiations may result in contracts in
substantially the form attached (refer to Exhibit A), as deemed appropriate by the City Manager. The City
Attomey's Office will provide assistance to the City Manager or designee during the negotiation' of the
Contract and must approve the Contract as to legal form and correctness.
Section 2.10. INSURANCE REQUIREMENTS is amended as follows:
IV. Employer's Liability
A. Limits of Liability
$4884009 $1.000.000 for bodily injury caused by an accident, each accident
$100,000 $1,000,000 for bodily injury caused by disease, each employee
$5997000 $1.000.000 for bodily injury caused by disease, policy limit
Additionally, please find below Questions from prospective bidder and the City's Answers to those Questions .
received before the stipulated due date: ......
Q1. Please identify the City's current Health Benefits and Actuarial Consultant(s).
Al. Gabriel, Roeder, Smith & Company ("GRS")
Q2. How long have they served the City?
A2. More than 3 years
Q3. a. What are the fees the current consultant(s) is receiving on an annual basis and what does this
include?
b. Are additional commissions paid on top of these fees?
A3. a. Consultant works on an hourly basis on projects as assigned.
b. No Commissions are earned.
Q4. Please provide the current billing rates charged by the current consuttant(s).
A4. Current billable per person are as follows:
Senior Consultant - 290.00/hr
Senior Analyst - 220.00/hr
Consultant - 236.00/hr
Page 1
Addendum No. 1 RFQ 260247
Q5. How many hours did the consultant(s) charge for last plan year?
A5. $303,556.50 for the plan year 1/1/10 to 12/31/10.
Q6. Why are the Health Benefits and Actuarial services out to bid? Are there service considerations that
the City hopes to address through this RFQ process?
A6. The existing contract is due to expire.
Q7. Are the services requested in the RFQ of similar scope to those currently being provided?
A7. Yes
Q8. -Please-provide-an-employee-and-retiree-handbook-outlining the -benefits -covered in this RFQ.
A8. Refer to the attached, marked as Exhibit D.
Q9. When was the last time your benefits programs were bid? Are you looking to bid your programs in
the near future?
— A9. The last-RFQ-for-these-services was issued on 2006—RFQ 260247-is-for-the-replacement-contract.
Q10. What steps has the City taken to address compliance and strategic planning for Health Care
Reform?
A10. City has recently introduced a new health care plan compliant with Health Care Reform.
Q11. Please provide example of recent projects under the health actuarial sub -categories (Appraisals,
Cash Flow Testing, Expert Advice, Witness and/or Testimony, Financial Analysis, Projections, and
Reporting, Group Benefits for Retired and Active Employees, and Product Development /
Ratemaking / Pricing).
All. City recently consolidated health plans into one POS plan and utilized many of the above listed
processes.
Q12. For Cash Flow Testing, what lines of coverage would this be done for (medical only, disability only,
both, etc.)?
Al2. All options may be explored.
Q13. For Expert Advice, Witness and / or Testimony, please provide clarity on the subject matter that we
are being ask to describe.
A13. Group Benefits programs.
Q14. What types of risk classification systems does the City currently use?
A14. Various (question is not specific enough)
Q15. Is the City currently employing any type of Enterprise Risk Management approaches? If so, what?
A15. Yes, the City is carefully evaluating its entire cost of risk across the organization
Q16. Please provide examples of what types of projects are anticipated / expected under Health Actuarial,
Item 6, letter i (Provide Analysis of Medical Economics of Health Care Mechanisms, Provider Staff
Models, Modeling Claims Expenses along Clinical Lines, Comparative Utilization Analysis / Profiling
from a Provider Perspective).
A16. Cost evaluations and cost sharing structures that minimize the City's Total Cost of Risk
Q17. When did the City conduct its most recent GASB 45 valuation? What frequency does the City
anticipate for the further GASB 45 valuations?
A17. The last GASB 45 valuation was conducted on 9/30/10. A full valuation is done every two years and
an update in the in-between year.
Q18. a. What Other Post -Employment Benefits (OPEB) does the city provide beyond retiree medical (if
any)?
b. How many different retiree medical plans or options are provided to retirees?
A18. a. Medical and Dental benefits are offered to retirees by the City.
b. There is a Core POS plan and an Out of Area Plan available with limited participation.
Page 2
Addendum No. 1 RFQ 260247
Q19. Which firm(s) is/are the current actuary(ies) for the City's pension plan(s) and OPEB program, and
for how long?
A19. GRS provides actuary services on our OPEB liability. Another City Department engages the
Pension actuary.
020. Will the current actuary(ies) be proposing on this RFQ?
A20. We have no knowledge of who would •be responding to an RFQ until the solicitation closes.
Q21. Why is the City requesting qualifications at this time?
A21. Refer to Q6.
022. Is there a requirement to request proposals on a periodic basis?
A22. No.
Q23. Is there a problem or- dissatisfaction -with -the -current -actuary(ies) and -if -so -please -elaborate (Le.,
fees, response time, quality of service, other)?
A23. No.
Q24. Please provide copies of all the invoices from the current actuary(ies) for the last two years.
A24. This information is not available at this time.
Q25. Please provide copies of the most recent Actuarial Reports for each of the pension plans and OPEB
program reflected in this RFQ (Le., General Employees, Police & Fire, Supplemental, OPEB etc.).
A25. Attached are the most recent OPEB reports, marked as Exhibit B and Exhibit C.
Q26. Who is the incumbent health benefits consultant?
A26. Refer to Q1.
Q27. How long has the incumbent been providing services to the City?
A27. Since October 12, 2006.
Q28. How much has the City paid in fees beyond actuarial work for each of the last three years?
A28. More than $200,000 per year.
Q29. Is the City looking for guaranteed fees for the next five years?
A29. No.
Q30. Who is the TPA? Who is the Stop Loss vendor?
A30. Cigna.
.
Q31. Are we expected to analyze coverages other than medical?
A31. Yes.
Q32. The scope of this RFP is rather broad. Are we required to provide specific project pricing information
at this stage considering that the information provided does not define project size, frequency or
complexity (e.g., as mentioned at the top of the Certification Statement, page 2 of 36).
A32. There is no Fee Proposal required at this time under this solicitation. Pursuant to Section 3.
Specifications/Scope of Work, the City of Miami is seeking to pre -qualify proposers, based upon their
credentials, experience, and expertise. At the time of need, the City will select a qualified proposer
from a•Category on an as needed basis to'.erform required services.
Q33. Please confirm that proposers are to submit 1 original + 7 copies of our response, all hard copy -as
noted on page 34 of the RFP. Please clarify how this requirement differs from Section 1.61 (G),
page 16.
A33. Section 4.1. Submission Requirements takes precedence over Section 1.0. General Terms
Conditions. Therefore, "one (1) original and seven (7) copies" are required.
Page 3
Addendum No. 1 RFQ 260247
Q34. Do proposers need to provide each of submission requirements 1-13 outlined in Section 4 for each
Category we wish to be considered for? E.g., if we are proposing for 4 of the 5 categories, do we
have 1-13 for A; 1-13 for B, 1-13 for C .and 1-13 for D? Or, can we provide 1-13 one time, and .
provide 'per category' when applicable?
A34. Pursuant to Section 4.1. Submission Requirements, provide Sections 1-13 one time, and provide
"per category", when applicable.
Q35. Will it be necessary to respond to each item in Section 3.3 Scope of Work, or can we acknowledge
that we are able to provide all the things listed and note any exceptions.
A35. Please refer to Section 4.1. Submission Requirements.
Q36. Under Section 3.3 - A. #3, Will the City be sending the data to the XXX to verify? Can you explain
what it is that the City is asking the XX to verify?
A36. Yes. Pursuant to normal consulting services.
--Q377--In--Section-4.1-Submission-Requirements-#11-on-page 35, we -would -like to know -what the reference
on the clients letter head needs to say. For example, can they just submit a note saying that they
would be happy to provide a reference for us and these are the following services GRS performs, or
will they need a full description of the services we provide then provide a rating on the services?
A37. The letters of reference need to be on the letterhead of the firm providing the reference, indicating
the type of services provided to them by the proposer.
Q38. Do you need the Occupational license number, agency and expiration date from us?
A38. Yes. Please refer to Section 4.1. of the RFQ and note that only hardcopy submittals to this RFQ will
be accepted. When you print the RFQ document these "header attributes" questions will be part of
the documents to be submitted with your response.
Q39. Sec. 3.3, A., 11. - Please indicate those specific benefit plans that would have a plan year different
from a calendar year.
A39. None.
Q40. Sec. 3.3, A., 12. - The beginning of the requirement appears to be asking us to evaluate the TPA
based on several factors. You then ask for several reports that you or your staff think will help you
justify the performance of the TPA. Is that the objective of this expected service?
A40. To be determined.
Q41. Sec. 3.3 , A., B., C., etc. There seems to be a fair amount of overlap and redundancy in the services
requested in these sections. Is that intentional? Can you please list the actual instances over the
past two years where you actually used a Life Actuary and what the specific project was?
A41. None that we are aware of, but the City would like to qualify a consultant in the event such service is
needed.
Q42. Sec. 2.12 Subcontractors. Please specifically list the information we are to give you on any
subcontractor we would chose to use in responding to the services requested in Sec. 3.3, A. If we
include the list of items in the last sentence of the 2"d paragraph of Sec. 2.12, will that be sufficient
for your purposes?
A42. Yes.
Q43. Please confirm that, if we feel that we cannot provide one or more of the services under one of the
categories of services listed in Sec. 3.3, that we would indicate the exception on the Certification
Statement beginning on page two of the RFQ. Also, we are assuming that we will not automatically
be disqualified from consideration because we cannot perform some of the many services required
under each category of service. If we are wrong on this assumption, please let us know.
A43. Exceptions to the Specification/Scope of Work must be listed in the response and shall reference the
section. Please refer to Section 1.35. for additional information regarding exceptions to General
and/or Special Conditions or Specifications.
Page 4
Addendum No. 1 RFQ 260247
Q44. Sec. 3.3, B., 1. — Please define what you mean by "Appraisals". Please put it in context for us. Give
us an example.-
A44. This is a heading for the subcategories that immediately follow.
Q45. Sec. 3.3, B., 2. — Please define what you mean by "Cash Flow Testing". Please put it in context for
us. Give us an example of past service performed in this area. Are you simply asking for the tracking
of surplus/deficit situation within a given benefit plan?
A45. Correct.
Q46. Sec. 3.3, B., 2. Please give us an example of what you mean by "Investment Strategies" and a
practical-application-in--your-eun'ent-benefitplans-(or-future-benefit-plan).
A46. This may have applicability on future reserves. Such services are not currently utilized
Q47. Sec. 3.3, B., 4 (a) - What do you mean by " account for"? Do you mean track?
A47. Yes.
Q48, Sec. 3.3, B., 4 (j) - Please complete sentence.
A48. Section 3.3., B., 4(j) should read as follows:
(j) Recognize Actuary's Responsibility to the Auditor in Connection with Preparation of Financial
Reports and audits.
049. Sec. 3.3, B., 6 (a) — Please define "Risk Classification Systems" as used in the.description. We really
need more input on the service you are requesting and practical application.
A49. Typical services related to the City's benefits plan. Nothing out of the ordinary is being requested.
Q50. Sec. 3.3, B., 6 (h) - Please define generally what you mean by "Long Term Care" products to make
sure we are on the same page. You may want to reference a product you have looked at in the past.
A50. General LTC products. The City does not currently offer any.
051. Can we get an outline of the current benefit programs offered by the City to employees and that fall
under this RFQ, an estimate of the participation under each and the vendor currently administering
the program or providing insurance for the program?
A51. Refer to Q8.
Q52. Nothing was said in the RFQ about compensation. Do you have any guidance to give regarding your
preferences concerning how we are to be paid? Are the current arrangement(s) available for review?
Can you provide them to us? Please confirm that all compensation is to be based on a fee or retainer
basis. Please confirm that no soft dollar compensation, for example through any type of commission
arrangement, will be allowed.
A52. Please refer to Q32, and Q4. Hourly rates are currently utilized. Commissions or flat fees may also
be explored.
Q53. We are a national consulting organization and, as such, have clients in many states throughout the
country. If we cannot meet the Minimum Qualifications (Sec. 2.7 (a) locally, we are assuming we will
be considered if we can meet them by listing appropriate clients that we handle within our system
nationally. Please confirm that our assumption is correct.
A53. There is no "local" requirement specified under Section 2.7. (a).
ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME.
KR:ms
c: Bid File
Sincerely,
neth Robertso
Chtief Procurement Officer
Page 5
City of Miami
Request for
Qualifications (RFQ)
Purchasing Department
Miami Riverside,Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
RFQ Number: 260247
Title: Request for Qualifications for Health
Benefit Consulting Svcs & Actuarial Svcs
Issue Date/Time:
RFQ Closing Date/Time:
Pre -Bid Conference:
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification:
Buyer:
Hard Copy Submittal Location:
Buyer E-Mail Address:
Buyer Facsimile:
12-JAN-2011
01/31/2011 @ 10:00:00
Friday, January 21, 2011 at 5:00 p.m.
Suarez, Maritza
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
msuarez( ci.miami.fl.us
(305) 400-5025
Page 1 of 36
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 120 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that 1 am authorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLIER NAME -
ADDRESS
PHONE: FAX'
EMAIL: BEEPER.
SIGNED BY.
TITLE: DATE:
FAILURE TO COMPLETE. SIGN, AND RETURN THIS FORM SHALL DISOUALIFY THIS BID.
Page 2 of 36
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Occupational License Number:
Occupational License Issuing Agency:
Occupational License Expiration Date:
Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No.
10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring
Agreement.": Yes or No
Do you expect to create new positions in your company in the event your company was awarded a
Contract by the City? Yes or No
In the event your answer to question above is yes, how many new positions would you create to
perform this work?
Please list the title, rate of pay, summary of duties, number of positions, and expected Length or duration
of all new positions which might be created as a result of this award of a Contract.
Page 3 of 36
Request for Qualifications (RFQ)
260247
Table of Contents
Terms and Conditions 5
1. General Conditions 5
1.1. GENERAL TERMS AND CONDITIONS 5
2. Special Conditions 22
2.1. PURPOSE 22
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 22
2.3. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 22
2.4. TERM OF CONTRACT 23
2.5. CONDITIONS FOR RENEWAL 23
2.6. NON -APPROPRIATION OF FUNDS 23
2.7. PROPOSER'S MINIMUM QUALIFICATIONS 23
2.8. CONTRACT EXECUTION 24
2.9. FAILURE TO PERFORM 24
2.10. INSURANCE REQUIREMENTS .24
2.11. CONTRACT ADMINISTRATOR 25
2.12. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) 25
2.13. SPECIFICATION EXCEPTIONS 25
2.14. TERMINATION 26
2.15. ADDITIONAL TERMS AND CONDITIONS 26
2.16. PRIMARY CLIENT (FIRST PRIORITY) 26
2.17. UNAUTHORIZED WORK 26
2.18. CHANGES/ALTERATIONS 26
2.19. METHOD OF PAYMENT 27
2.20. ADDITIONAL SERVICES 27
2.21. WORK ASSIGNMENTS IDENTIFIED BY TFIE CITY 27
2.22. LIMITED CONTRACT EXTENSION 27
2.23. RECORDS 27
2.24. TRUTH IN NEGOTIATION CERTIFICATE 27
3. Specifications 28
3.1. SPECIFICATIONS/SCOPE OF WORK 28
4. Submission Requirements 34
4.1. SUBMISSION REQUIREMENTS 34
5. Evaluation Criteria 36
5.1. EVALUATION CRITERIA 36
Page 4 of 36
Request for Qualifications (RFQ)
260247
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of
goods/equipment/services with an estimated aggregate cost of S25,000.00 or more.
Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals,
Request for Qualifications, or Request for Letters of Interest pursuant to the City of
Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be
defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this
formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and
actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with
the terms herein and be fully in accordance with specifications and of the highest quality. In the event the
goods/equipment supplied to the City are found to be defective or does not conform to specifications, the
City reserves the right to cancel the order upon written notice to the Contractor and return the product to the
Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall
be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon
issuance by the City of a purchase order.
1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or
parts of after opening/closing date and request re -issuance on the goods/services described in the formal
solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected
bidders/proposers and make available a written explanation for the rejection. The City also reserves the
right to reject the response of arty bidder/proposer who has previously failed to properly perform under the
terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a
position to perform the requirements defined in this formal solicitation. The City further reserves the right
to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its
discretion, re -issue this formal solicitation.
1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are
available at the City's website at: http://www.ci.miami.fl.us/procurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate
response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate
response offers a different product that meets or exceeds the formal solicitation requirements. In order for
the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form
and shall mark "Alternate Response". Alternate response shall be placed in the same response. This
provision only applies to formal solicitations for the procurement of goods, services, items, equipment,
materials, and/or supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise
dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's
prior written consent.
1.7. ATTORNEY'S FEES- In connection with any litigation, mediation and arbitration arising out of this
Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through
and including appellate litigation and any post judgment proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to
provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any
books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation,
for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall
maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for
Page 5 of 36
Request for Qualifications (RFQ)
260247
three (3) years after the City makes final payment and all other pending matters are closed. Contractor's
failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract
by the City.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or
quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s)
established herein, when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and
resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its
own purchase orders, be invoiced there from and make its own payments, determine shipping terms and
issue its own exemption certificates as required by the successful bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement,
amendment or addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or
designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference
to Businesses with Drug -Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as
specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its
contractual obligation if such documents are not submitted in a timely manner and in the form required by
the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action
taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may
accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to
the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution
from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or
increased costs sustained as a result of the Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the
successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or
contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120)
calendar days beyond the stated contract term in order to provide City departments with continual service
and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised,
the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price,
terms and conditions for a specific number of days. Additional extensions over the first one hundred
twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual
agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude
upon completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis,
or such combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon
the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City
reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is
determined to be in the City's best interests. Such agreement will be furnished by the City, will contain
certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City
Attorney.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized
surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the
amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check
or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it
is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award
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contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the
right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful
bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of
award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract
has been awarded, all bid deposits will be returned on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and
submitted accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement
and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the
annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be
considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may
be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of
establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only.
When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is
added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response,
complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the
City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of
equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be
requested if the proposed brand is other than specified by the City. Such samples are to be furnished after
formal solicitation opening/closing only upon request of the City. If samples should be requested, such
samples must be received by the City no later than seven (7) calendar days after a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its
opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all
prospective bidders/proposers and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm
makes, or prepares to make, in order to deliver/perform the goods/servicesrequired by the City, is a
business risk which the contractor must assume. The City will not be obligated to reimburse amortized or
unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall
not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City
be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to
any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction
or other legal or equitable proceedings or on account of any delay for any cause over which the City has no
control.
1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without
previous understanding, agreement or connection either with any person, firm or corporation submitting a
response for the same items/services or with the City of Miami's Purchasing Department or initiating
department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other
illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of
Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the
City reserves the right to reject any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that
contracts between private entities and local governments are subject to certain laws and regulations,
including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor
agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect
the goods or equipment offered, including but not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client
because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following:
employment practices, rate of pay or other compensation methods, and training selection.
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B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation.
Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a
condition precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility.
Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds
for termination of contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is
imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City
Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be
applicable only to Contracts for the provision of goods and services and public works or improvements for
amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs,
RFLI or IFBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff
including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City
Commissioners, or their respective staffs and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
oral communications with the City purchasing staff, provided the communication is limited strictly to
matters of process or procedure already contained in the formal solicitation document; the provisions of the
Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or
pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during
any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly
noticed public meeting; or communications in writing or by email at any time with any City employee,
official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ,
RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in
connection with the collection of industry comments or the performance of market research regarding a
particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk,
which shall be made available to any person upon request. The City shall respond in writing and file a copy
with the Office of the City Clerk, which shall be made available to any person upon request. Written
communications may be in the form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or
bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent,
lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person
having personal knowledge of a violation of these provisions shall report such violation to the State
Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference
Section 18-74 of the City of Miami Code for further clarification.
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This language is only a summary of the key provisions of the Cone of Silence. Please review City of
Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may
contact the City Clerk at 305-250-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida
Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify
that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami
is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal
Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in
writing to the City. Further, you must disclose the name of any City employee who owns, directly or
indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation
of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or
services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City
harmless from any and all liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and
submission of Responses to the City, or any work performed in connection therewith shall be borne by the
Bidder(s)/Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective
Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after
consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a
Contractual Party, for the causes listed below, from consideration for award of city Contracts. The
debarment shall be for a period of not fewer than three years. The City Manager shall also have the
authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable
cause for debarment, pending the debarment determination. The authority to debar and suspend contractors
shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer
after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or
subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification
or destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits provided in
a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which a civil penalty or fine is due and owing to the city.
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(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a
certification that neither the Contractual Party nor any of its principal owners or personnel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall
render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall
be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial
relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction
or repair of a public building or public work, may not submit response on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which
shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish
required documents, and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify
the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays
excluded) to remedy the default. Failure on the contractor's part to correct the default within the required
three (3) days shall result in the Contract being terminated and upon the City notifying in writing the
contractor of its intentions and the effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the
time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to
the degree specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to
ensure timely completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or
making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the
successful Bidder/Proposer incapable of performing the work in accordance with and as required by the
Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time
limits stated, together with the cost of completing the work, shall be deducted from any monies due or
which may become due on this Contract.
1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it
is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is
one which follows the requirements of the formal solicitation, includes all documentation, is submitted in
the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as
required on each document. Failure to comply with these requirements may deem a Response
non -responsive.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the
response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms
and Conditions. Price discounts off the original prices quoted in the response will be accepted from
successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for
a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer
to Bidder/Proposer will be passed on to the City.
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1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in
the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing
Department. Should it be found necessary, a written addendum will be incorporated in the Formal
Solicitation and will become.part of the purchase agreement (contract documents). The City will not be
responsible for any oral instructions, clarifications, or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving
precedence to the following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency
or disaster situation, the successful vendor shall provide the City with the commodities/services defined
within the scope of this formal solicitation at the price contained within vendor's response. Further,
successful vendor shall deliver/perform for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this
City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response
and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs,
RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect
to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any,
made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or
changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal
Solicitation and then the Response shall control. This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your
guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The City is not obligated to place an order for any given amount subsequent to the award
of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most
advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities
at the prices bid/proposed or at lower prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejeetion of Responses
The City may reject a Response for any of the following reasons:
1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates or conceals any material fact in the Response ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may
reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best
interest of the City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or
contract, or which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and
conditions of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in
accordance with the City's Debarment and Suspension Ordinance.
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C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing
the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to
demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material,
equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms
"equipment and organization" as used herein shall be construed to mean a fully equipped and well
established entity in line with the best industry practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications
and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other
governmental entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an
authorized representative of a manufacturer or supplier which is the actual source of supply, if required by
the Formal Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered
non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if
exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating
negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices
quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery
costs and charges included in the bid/proposal price, unless otherwise specified in this Formal
Solicitation. Failure to do so may be cause for rejection of bid/proposal.
1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its
response will be firm throughout the duration of the contract unless otherwise specified in the Formal
Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or
contracts, which are to be performed or supplied over a period of time.
1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-105)
(a) The Commission approves implementation of the first -source hiring agreement policy and requires
as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants
and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring
agreements between the organization or individual receiving said contract and the authorized representative
unless such an agreement is found infeasible by the city manager and such finding approved by the City
Commission at a public hearing.
(b) For the purpose of this section, the following terms, phrases, words and their derivations shall have
the following meanings:
Authorized representative means the Private Industry Council of South Florida/South Florida Employment
and Training Consortium, or its successor as local recipient of federal and state training and employment
funds.
Facilities means all publicly financed projects, including but without limitation, unified development
projects, municipal public works, and municipal improvements to the extent they are financed through
public money services or the use of publicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG), economic
development agency construction loans, loans from Miami Capital Development, Incorporated, and all
federal and state grants administered by the city.
Service contracts means contracts for the procurement of services by the city which include professional
services.
Services includes, without limitation, public works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
(c) The authorized representative shall negotiate each first -source hiring agreement.
(d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city
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training and employment programs, and other residents of the city.
1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24,
states that employers shall pay employee wages no Tess than the minimum wage for all hours worked in
Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and
comply with this Florida constitutional minimum wage requirement and pay its employees the current
established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using
the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as
calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall
be determined and published by the Agency Workforce Innovation on September 30th of each year and
take effect on the following January I st.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full
responsibility to determine whether any of its employees may be impacted by this Florida Law at any given
point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s),
job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of
submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that
the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of
any contractual price increase request(s). The City reserves the right to request and successful
bidder/proposer must provide for any and all information to make a wage and contractual price increase(s)
determination.
1.40. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be govemed by
the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this
Contract shall take place in Miami -Dade County, Florida.
1.41. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been
inserted for convenient reference only and shall not in any manner be construed as modifying, amending or
affecting in any way the expressed terms and provisions hereof.
1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any
person or entity that performs or assists the City of Miami with a function or activity involving the use or
disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI)
shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City
of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards,
which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to
the Bidder/Proposer and reasonable assurances that IIHIIPHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments
requested by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for
compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper records,
and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its
privacy information practices including specifically, a description of the types of uses and disclosures that
would be made with protected health information.
1.43. INDEMNIFICATION - The Contractor shall indemnify and save harmless forever the City, and all
the City's agents, officers and employees from and against all charges or claims resulting from any bodily
injury, loss of life, or damage to property from any act, omission or neglect, by itself or its employees; the
Contractor shall become defendant in every suit brought for any of such causes of action against the City or
the City's officials, agents and employees; the Contractor shall further indemnify City as to all costs,
attomey's fees, expenses and liabilities incurred in the defense of any such claims and any resulting
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investigation.
1.44. INFORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all
information requested in the spaces provided in the Formal Solicitation. Further, as may be specified
elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical
specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered.
Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this
provision.
1.45. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods
and/or services required to be provided by the Contractor under this Contract conform to the terms and
conditions of the Formal Solicitation. Contractor 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 accordance with, the provisions of the City of Miami Ordinance
No. 12271 (Section 18-79), as same may be amended or supplemented from time to time.
1.46. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation
will not be made available until such time as the City provides notice of a decision or intended decision or
within 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be
furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation.
Tabulations also are available on the City's Web Site following recommendation for award.
1.47. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor,
shall fumish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of
coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled
"Insurance Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the
insurance certificate is received within the specified time frame but not in the manner prescribed in this
Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5)
calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required
insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after
receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall
not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from
submitting future responses to the City. Information regarding any insurance requirements shall be directed
to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami,
Florida 33130, 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in
conjunction with this Section remain in effect for the duration of the contractual period; including any and
all option terms that may be granted to the Bidder/Proposer.
1.48. INVOICES - Invoices shall contain purchase order number and details of goods and/or services
delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida
Statutes (Prompt Payment Act).
1.49. LOCAL PREFERENCE - City Code Section 18-85, states that the City Commission may offer to a
responsible and responsive bidder/proposer, who maintains a Local Office, the opportunity of accepting a
bid at the low bid amount, if the original bid amount submitted by the local vendor is not more than ten
percent (10%) in excess of the lowest other responsible and responsive bidder/proposer.
1.50. MANUFACTURER'S CERTIFICATION -The City reserves the right to request from
bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal.
Failure to provide such certification may result in the rejection of bid/proposal or termination of
contract/agreement, for which the bidder/proposer must bear full liability.
1.51. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No
contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if
applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City
of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the
contract, purchase order or award sheet as appropriate.
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1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed
or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create
any other similar relationship between the parties.
1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance
with specifications under the direction of the Florida Department of Agriculture and Consumer Services or
by other appropriate testing Laboratories as determined by the City. The data derived from any test for
compliance with specifications is public record and open to examination thereto in accordance with
Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and
returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in
the response and/or Purchase Order may result in bidder/proposer being found in default in which event
any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these .
stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list.
1.54. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex,
color, age, religion, national origin, marital status, or disability in connection with its performance under
this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall
solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be
excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any
program or activity.
In connection with the conduct of its business, including performance of services and employment of
personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion,
disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be
afforded equal opportunity for employment.
1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its
best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts
for these herein goods and/or services, and to make use of other competitively bid (governmental)
contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be
available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of
the successful bidder(s)/proposer(s) to receive al] orders that may be generated by the City in conjunction
with this Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with
construction projects are solicited under a distinctly different solicitation process and shall not be purchased
under the terms, conditions and awards rendered under this solicitation, unless such purchases are
determined to be in the best interest of the City.
1.56. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business
location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the
City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of
Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational
License Tax requirements. A copy of the license must be submitted with the response; however, the City
may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City
during the evaluation period, but prior to award.
1.57. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or
joint venture will be considered in response to this Formal Solicitation. When submitting an alternate
response, please refer to the herein condition for "Alternate Responses May Be Considered".
1.58. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents,
records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer
pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by
the Bidder/Proposer for any other purposes whatsoever without the written consent of the City.
1.59. PARTIAL INVALIDITY - if any provision of this Contract or the application thereof to any person
or circumstance shalt to any extent be held invalid, then the remainder of this Contract or the application of
such provision to persons or circumstances other than those as to which it is held invalid shall not be
affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent
permitted by law.
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1.60. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a
Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred
percent (100%) of the contract price.
1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All
bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink.
Failure to do so will be at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The
Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address,
and telephone number on the face page and on each continuation sheet thereof on which he/she makes an
entry, as required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include
packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise
specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's
compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If
applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated
quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case
of a discrepancy between the unit price and extended price, the unit price will be presumed correct.
C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods
and/or services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in
ink with the firm's name and by an officer or employee having authority to bind the company or firm by
his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person
signing the response or the response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the
Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS,
UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE
RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE.
1.62. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by
reason of market change or on the part of the contractor to other customers shall be passed on to the City of
Miami.
1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's
product becomes unavailable during the term of the Contract, the Contractor awarded that item may
arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or
lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds
all quality requirements.
1.64. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company
employed by the City to solicit or secure this Contract 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 Contract.
1.65. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for
the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is
understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final
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acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of
delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is
necessary due to damage, the cash discount period shall commence on the date final approval for payment
is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash
discount, the City is entitled to a cash discount with the period commencing on the date it is determined by
the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful
bidders/proposers during the term of the contract.
1.66. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such
property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City
of Miami. Damages to such property occurring while in the possession of the Contractor shall be the
responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami
shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total
loss, the Contractor shall be responsible for replacement value of the property at the current market value,
less depreciation of the property, if any.
1.67. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all
covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any
goods or services to a public entity, may not submit a response on a contract with a public entity for the
construction or repair of a public building or public work, may not submit responses on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
1.69. PUBLIC RECORDS - Contractor understands 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 City of Miami Code, Section 18, Article III, and agrees to allow access by the
City and the public to all documents subject to disclosure under applicable law. Contractor's failure or
refusal to comply with the provision of this section shall result in the immediate cancellation of this
Contract by the City.
1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All
materials used in the manufacturing or construction of supplies, materials, or equipment covered by this
solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality,
and of the highest grade of workmanship, unless as otherwise specified in this Solicitation.
1.71. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality
and workmanship. Materials fumished to complete the service shall be new and of the highest quality
except as otherwise specified in this Solicitation.
1.72. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a
formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be
cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be
applicable, or revised to comply with the law. •
1.73. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city
attorney, shall have the authority to resolve controversies between the Contractual Party and the city which
arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater
than S25,000, the City Commission must approve the City Manager's decision. Such authority extends,
without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of
complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City
Manager.
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(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall
promptly render a written report stating the reasons for the action taken by the City Commission or the City
Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the
protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting
party shall not be entitled to such judicial relief without first having followed the procedure set forth in this
section.
1.74. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and
awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does
not exceed S25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1.Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications
or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to
file a protest is considered filed when received by the Chief Procurement Officer; or
ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the
Chief Procurement Officer within three days after the solicitation is published in a newspaper of general
circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement
Officer.
2. Protest of Award.
i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two
days after receipt by the proposer of the notice of the City Manager's recommendation for award of
Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier
Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City
Manager's recommendation can be found by selecting the details of the solicitation and is listed as
Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is
indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that
solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this
section of the website daily after responses are submitted to receive the notice; or
ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's
determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be
confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of
intent to file a protest is considered filed when received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer
within five (5) days after the date the notice of protest was filed. A written protest is considered filed when
received by the Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
assigning points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the
solicitation or the award is based, and shall include all pertinent documents and evidence and shall be
accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review
of the written protest and no facts, grounds, documentation or evidence not contained in the protester's
submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the
consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed
or allowed by this section, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is
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neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be
excluded in the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the
approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief
Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting
party and shall submit said decision to the City Commission within 30 days after he/she receives the
protest. In cases involving more than S25,000, the decision of the Chief Procurement Officer shall be
submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by
the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a
protest or the written protest,. together with the required Filing Fee as provided in subsection (f), with the
Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of
such parry's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek
judicial relief without first having followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the
requirements of this section, the city shall not proceed further with the solicitation or with the award of the
Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided
in subsection (b) above, unless the City Manager makes a written determination that the solicitation process
or the Contract award must be continued without delay in order to avoid an immediate and serious danger
to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(t) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed
Contract, or S5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which
may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by
the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded
to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee
shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by
subsection (e) above.
1.75. SAMPLES - Samples of items, when required, must be submitted within the time specified at no
expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples,
at their expense, within 30 days after notification. Failure to remove the samples will result in the samples
becoming the property of the City.
1.76. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell,
assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or
assign any portion of the performance required by this contract, except under and by virtue of written
permission granted by the City through the proper officials, which may be withheld or conditioned, in the
City's sole discretion.
1.77. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty,
service and replacements that will be provided. Bidders/Proposer must explain on the Response to what
extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable,
should be submitted with your response.
1.78. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any
supplemental specification as to any detail or the omission from it of detailed description concerning any
point shall be regarded as meaning that only the best commercial practices are to prevail and that only
materials of first quality and correct type, size and design are to be used. All workmanship and services is
to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department of General Services, to supply the
items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply
with this request will result in disqualification of bid/proposal.
1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via
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the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500
Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as
designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend
the solicitation closing; however, no award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope,
box or package must show the hour and date specified for receipt of responses, the solicitation number and
title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the
requisite Response Forms may be rejected. Hardcopy responses received at any other location than the
specified shall be deemed non -responsive.
Directions to City Hall:
FROM THE NORTH: 1-95 SOUTH UNTIL IT TURNS INTO USI. USl SOUTH TO 27TH AVE.,
TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1
BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN
AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: USI NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and
strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by
the United States mail delivery or caused by any other occurrence. Responses received after the
solicitation closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle
System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider
any subsequent submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be
placed in a separate envelope, box, or package and each envelope, box or package must contain the
information previously stated in 1.82.A.
1.80. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal
Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers
should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for
the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08,
Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer,
1.81. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate
this contract by written notice to the contractor effective the date specified in the notice should any of the
following apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the
contract.
B. The City has determined that such termination will be in the best interest of the City to terminate the
contract for its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is
contingent upon the availability of appropriate funds.
1.82. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services
awarded to a Bidder/Proposer have been received, inspected, and found to comply with award
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specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be
made by the City of Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection
and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable
law.
1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this
solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if
delivery is not made within the time(s) specified on their Response. Deliveries are to be made during
regular City business hours unless otherwise specified in the Special Conditions.
1.84. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted
the goods/equipment or used the goods, whichever comes first.
1.85.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses
submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An
exception may be made for "trade secrets."
If the Response contains information that constitutes a "trade secret", all material that qualifies for
exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE
SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the
outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any
person. By your designation of material in your Response as a "trade secret" you agree to indemnify and
hold harmless the City for any award to a plaintiff for damages, costs or attomey's fees and for costs and
attomey's fees incurred by the City by reason of any legal action challenging your claim.
1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified
Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a
change order or purchase order is issued and received by the Contractor. The qualified
Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the
contract or any work performed by an employee not otherwise previously authorized.
1.87. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other
publicity purposes. No advertising, sales promotion or other publicity materials containing information
obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express
written permission of the City Manager or the City Commission.
1.88. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers
must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If
variations are not stated on their Response, it will be assumed that the product fully complies with the
City's specifications.
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for Health Benefit Consulting Services and
Actuarial Services, as specified herein, from a source(s) of supply that will give prompt and efficient
service fully compliant with the terms, conditions and stipulations of the solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Purchasing Department, Attn: Maritza Suarez, CPPB; fax: (305) 400-5025 or
email: msuarez@ci.miami.fl.us. The solicitation title and number shall be referenced on all
correspondence. All questions must be received no later than Friday, January 21, 2011 at 5:00 p.m.. All
responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO
QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.3. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
The procedure for response evaluation, selection and award is as follows:
(1) Solicitation issued.
(2) Receipt of responses
(3) Opening and listing of all responses received
(4) Purchasing staff will review each submission for compliance with the submission requirements of the
Solicitation, including verifying that each submission includes all documents required.
(5) A Qualification Committee (aka "Committee"), comprised of City staff and the Contract
Administrator, and other members as deemed necessary, will review and evaluate all Responses received
from prospective Proposers to determine if Proposer(s) meets the minimum qualifications on a per
Category(s) basis. All Proposers who meet the minimum qualifications shall be placed on a Qualification
List, per Category, and be eligible for consideration for contract award, and it shall be the City's sole
discretion to award a contract to any Proposer, based upon that which is in the best interest of the City.
(6) The Committee will evaluate each Response based on qualifications and submission of required
documentation and infonnation, per Category; and shall submit its recommendation to the City Manager
for acceptance. If the City Manager accepts the Committee's recommendation, the City Manager's
recommendation for award of contract will be posted on the City of Miami Purchasing Department website,
in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice
of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed
as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is
indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that
solicitation to obtain the suppliers name. The City Manager shall make his recommendation to the City
Commission requesting the authorization to negotiate and/or execute agreement(s) on an as needed basis
with any of the firms qualified under the categories of expertise depending on the specific health benefit
consulting and/or actuarial services needs of the City. No Proposer(s) shall have any rights against the City
arising from such negotiations or termination thereof.
(7) The City Manager reserves the right to reject the Committee's recommendation, and instruct the
Committee to re-evaluate and make another recommendation, reject all proposals, or recommend that the
City Commission reject all proposals.
(8) The City Commission shall consider the City Manager's and Committees' recommendation(s) and, if
appropriate and required, approve the City Manager's recommendation(s). The City Commission may also
reject any or all responses.
(9) If the City Commission approves the recommendations, the City will enter into negotiations with the
selected Proposer(s) for a contract for the required services. Such negotiations may result in contracts, as
deemed appropriate by the City Manager. The City Attomey's Office will provide assistance to the City
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Manager or designee during the negotiation of the Contract and must approve the Contract as to legal form
and correctness.
(10) The City Commission shall review and approve the negotiated Contract with the selected
Proposer(s).
The City further reserves the right to add, delete or modify the categories as listed in Section 3.3, Scope of
Work, and identified as "Categories of Expertise." . It further reserves the right to add additional
qualified Proposers throughout the duration of the contract, depending upon need.
2.4. TERM OF CONTRACT
The proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shall be
required to execute a contract ("Contract") with the City, which shall include, but not be limited to, the
following terms:
(1) The term of the Contract(s) shall be for one (1) year with an option to renew for four (4) additional
one (1) year periods.
(2) The City shall have the option to extend or terminate the Contract.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the
bidder/proposer. This prerogative will be exercised only when such continuation is clearly in the best
interest of the City.
2.5. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions
established herein.
(2) Availability of funds
2.6. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in
any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or
his assignee of such occurrence, shall have the unqualified right to terminate the contract without any
penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any
project(s) will be awarded to any firm(s).
2.7. PROPOSER'S MINIMUM QUALIFICATIONS
The following represent the minimum qualification requirements for a Proposer to be deemed responsive
and qualified by the City, and Proposers shall satisfy each of the following minimum requirements cited
below. Each must be addressed in detail to determine Proposer's responsiveness and if qualified. Failure to
meet each of the following qualification requirements, and/or failure to provide sufficient detail and/or
documentation in its Proposal to determine responsiveness by the City, will result in the Proposal being
deemed non -responsive.
a) Proposer must be properly licensed to do business in the State of Florida and have performed similar
satisfactory services in nature of experience, expertise, knowledge, skills, and abilities for similar or larger
size complex agencies on a continuous basis involving the government sector for a minimum of five (5)
years. Proposer must meet these minimum requirements for each Category in which it is seeking to qualify.
b) Proposer shall have no record of judgments, bankruptcies, pending lawsuits against the City or
criminal activities involving moral turpitude nor have any conflicts of interest that have not been waived by
the City Commission.
c) Neither Proposer nor any principal, officer, or stockholder of Proposer(s) shall be in arrears or in
default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to
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perform faithfully on any previous contract with the City.
d) For each Category of Expertise for which it is seeking to Qualify, Proposer must dearly
demonstrate its expertise, capability, qualifications, and experience to provide said services. Proposer must
provide all necessary documentation to determine qualifications. Please refer to the above Sub -Sections a)
through d) and Section 4.1. Submission Requirements for further details.
2.8. CONTRACT EXECUTION
The selected Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation,
shall be awarded an opportunity to negotiate a contract ("Contract") with the City. The City reserves the
right to execute or not execute, as applicable a Contract with the selected Proposer(s) that is determined to
be most advantageous and in the City's best interest. Such Contract will be furnished by the City, will
contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by
the City Attorney.
2.9. FAILURE TO PERFORM
Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken
within 48 hours of any failure to perform according to specifications, the City reserves the right to declare
Contractor in default of the contract or make appropriate reductions in the contract payment.
2.10. INSURANCE REQUIREMENTS
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami included as an Additional Insured
Employees included as insured
Contractual Liability
Waiver of Subrogation
11. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident
B. Endorsements Required
City of Miami included as an Additional Insured
III. Worker's Compensation
A. Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
$ 1,000,000
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IV. Employer's Liability
A. Limits of Liability
S100,000 for bodily injury caused by an accident, each accident
S 100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
V. Professional Liability/Errors and Omissions Coverage
Combined Single Limit
Each Claim $ 1,000,000
General Aggregate Limit $ 2,000,000
Deductible- not to exceed 10%
The above policies shall provide the City of Miami with written notice of cancellation or material
change from the insurer not Tess than (30) days prior to any such cancellation or material change.
Companies authorized to do business in the State of Florida, with the following qualifications, shall issue
all insurance policies required above:
The company must be rated no less than "A" as to management, and no less than "Class V" as to Financial
Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification
by Risk Management prior to insurance approval.
2.11. CONTRACT ADMINISTRATOR
Upon award, contractor shall report and work directly with Gary Reshefsky, who shall be designated as the
Contract Administrator.
2.12. SUBCONTRACTOR(S) OR SUBCONSULTANT(S)
A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer
or Proposer's firm to assist in the performance of services required under this Solicitation. A
Sub -Contractor shall be paid through Proposer or Proposer's firm and not paid directly by the City.
Sub -Contractors are allowed by the City in the performance of the services delineated within this
Solicitation. Proposer must clearly reflect in its Proposal the major Sub -Contractors to be utilized in the
performance of required services. The City retains the right to accept or reject any Sub -Contractors
proposed in the response of Successful Proposer or prior to contract execution. Any and all liabilities
regarding the use of a Sub -Contractor shall be borne solely by the Successful Proposer and insurance for
each Sub -Contractors must be maintained in good standing and approved by the City throughout the
duration of the Contract. Neither Successful Proposer nor any of its Sub -Contractors are considered to be
employees or agents of the City. Failure to list all Sub -Contractors and provide the required information
may disqualify any proposed Sub -Contractors from performing work under this Solicitation.
Proposers shall include in their Responses the requested Sub -Contractor information and include all
relevant information required of the Proposer. In addition, within five (5) working days after the
identification of the award to the Successful Proposer, the Successful Proposer shall provide a list
confirming the Sub -Contractors that the Successful Proposer intends to utilize in the Contract, if applicable.
The list shall include, at a minimum, the name, location of the place of business for each Sub -Contractor,
the services Sub -Contractor will provide relative to any contract that may result from this Solicitation, any
applicable licenses, references, ownership, and other information required of Proposer.
2.13. SPECIFICATION EXCEPTIONS
Specifications are based on the most current literature available. Bidder shall notify the City of Miami
Purchasing Department, in writing, no less than ten (10) days prior to solicitation closing date of any
change in the manufacturers' specifications which conflict with the specifications. For hard copy bid
submittals, bidders must explain any deviation from the specifications in writing as a footnote on the
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applicable specification page and enclose a copy of the manufacturer's specifications data detailing the
changed item(s) with his/her submission. For electronic bid submittals, bidders must explain in the Header
Section or by an Attachment and, if applicable, enclose a scanned copy of the manufacturer's specifications
data detailing the changed item(s) with his/her submission. Additionally, bidders must indicate any options
requiring the addition of other options, as well as those which are included as a part of another option.
Failure of bidders to comply with these provisions will result in bidders being held responsible for all costs
required to bring the item(s) in compliance with contract specifications.
2.14. TERMINATION
A. FOR DEFAULT
If Contractor defaults in its performance under this Contract and does not cure the default within 30 days
after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon
written notice without penalty to the City of Miami. In such event the Contractor shall be liable for
damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is
determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is
without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a
termination for the convenience of the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when
it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or
software, and so terminated for the convenience by the City of Miami the Contractor will be compensated
in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so
terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions
of the Contract for those services rendered prior to termination.
2.15. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the solicitation response shall be evaluated or
considered, and any and all such additional terms and conditions shall have no force or effect and are
inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently,
appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood
and agreed that the General and Special Conditions in this solicitation are the only conditions applicable to
this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's
acknowledgment form attests to this.
2.16. PRIMARY CLIENT (FIRST PRIORITY)
The successful bidder(s)/proposer(s) agree upon award of this contract that the City of Miami shall be its
primary client and shall be serviced first during a schedule conflict arising between this contract and any
other contract successful bidder(s)/proposer(s) may have with any other cities and/or counties to perform
similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any
other public emergency impacting various areas during or approximately the same time.
2.17. UNAUTHORIZED WORK
The Successful Proposer(s) shall not begin work until a Purchase Order is received.
2.18. CHANGES/ALTERATIONS
Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however,
no oral modifications will be allowed. Written modifications shall not be allowed following the proposal
deadline.
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2.19. METHOD OF PAYMENT
Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down
payments will be made.
2.20. ADDITIONAL SERVICES
Services not specifically identified in this request may be added to any resultant contract upon successful
negotiation and mutual consent of the contracting parties.
2.21. WORK ASSIGNMENTS IDENTIFIED BY THE CITY
All service assignments during the contract period will be on an "as needed" basis, complying with
notification requirements. The City offers no guarantee as to the number or frequency of work assignments
or the amount of payments under the terms of this contract.
2.22. LIMITED CONTRACT EXTENSION
Any specific service assignment which commences prior to the termination date of the contract and which
will extend beyond the termination date shall, unless terminated by mutual written agreement by both
parties, continue until completion at the same rates, terms and conditions as set forth therein.
2.23. RECORDS
During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer shall
provide City access to all files and records maintained on the City's behalf.
2.24. TRUTH IN NEGOTIATION CERTIFICATE
Execution of the resulting agreement by the Successful Proposer shall act as the execution of
truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the
compensation of the resulting Agreement are accurate, complete, and current at the time of contracting.
The original contract price and any additions thereto shall be adjusted to exclude any significant sums by
which City determines the contract price was increased due to inaccurate, incomplete, or non -current wage
rates and other factual unit costs. All such contract adjustments shall be made within one (I) year
following the end of the Agreement.
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3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
3.1 Background Information
The City of Miami ("Miami") is seeking to pre -qualify proposers (aka "Successful Proposer(s)"), which
may be an individual, firm, corporation, joint venture, mpartnership or other legal entity, based upon their
credentials, experience, and expertise from which the City shall choose prospective contractors on an as
needed basis to provide professional health Benefit consulting services and various types of actuarial
services.
The health benefit consulting services required is to provide professional analysis of the City's health
benefit plans, on a monthly and quarterly basis. The City is self insured for health insurance benefits and
needs to constantly assess the performance of the different plans. The City's largest aspect of its budget is
in this area, and the constant monitoring of expenditures and services is necessary to make sure that Third
Party Administrators (TPA's) are complying with the different plan designs.
The actuarial services required include, but is not limited to, pension systems, health, dental and life
insurance, workers' compensation, disability, financial and budgetary analysis, plan design, plan
documents, litigation and negotiation support for the City. The Successful Proposer(s) shall assist the City
by providing risk analysis, annual actuarial report filing and assistance in dealing with extemal audits and
self -funded plans, claims analysis, extensive actuarial input on GASB issues for plans that include coverage
for retirees, outside review of the different insurance carriers, setting funding and COBRA rate for
self -funded plans, actuarial models showing a range of possible outcomes, allowing the City to see the best
case vs. worst case scenario, and most likely results for each flex plan alternative, valuing assets and
liabilities in accordance with Federal, State, and Local guidelines, interpreting regulations including advice
on recent changes and best practice, setting reserves, monitoring results, determining premiums and
contribution rates, developing cost projects, evaluating reinsurance needs and assisting with the solicitation
process, assuring design is consistent with plan goals, identifying and resolving any benefit overlaps or
inconsistencies, assisting in designing RFP solicitation documents (i.e. scope of work/services) and
placement of coverage and other actuarial matters.
General categories are identified within Section 3.3, Scope of Work, of this Request for Qualifications
(RFQ). As such, Proposers, in their Response, are to clearly identify those areas of expertise, on a per
Category basis, for which they are seeking to qualify. Key personnel of the Proposer are desirable and
should be identified in its responses to the RFQ. The City shall utilize Qualified Firms on the List, per
Category, on an as needed, when needed, basis. Qualified Firms are not guaranteed specific work
assignments or quantity of work under the categories. These Categories are not all inclusive and may be
modified throughout the term of the contract. Therefore, the City reserves the right to add more categories
and qualify additional firms under those categories or qualify additional firms under listed categories herein
at any given point in time throughout the term of contract when deemed in the best interest of the City.
3.2 Categories of Expertise
The City recognizes expertise of a Proposer may be in one or more Categories. It is the City's desire to
secure the services of Proposers who can provide quality service in one or more areas of need, as listed in
Section 3.3, Scope of Work, and identified as "Categories of Expertise. " In its Response, Proposers must
reflect in which area(s) of expertise it is seeking to qualify under.
3.3 Scope of Work
The Successful Proposer(s) must provide health benefit consulting services and actuarial services as
stipulated by the City.
While the "Categories of Exnertise"reflects subject areas where the City is seeking to qualify Proposers
with experience and expertise, the City understands that each Proposer is uniquely qualified and may be an
expert in some but not all subject areas. As a result, the City is seeking a number of qualified Proposers for
each of the main subject areas reflected in the "Categories of Expertise': Proposers may seek to qualify for
one (1) Category, more than one (1) Category, or all Categories, depending upon its expertise,
qualifications and experience. At the time of need, the City will select a qualified Proposer from a
Category, on an as needed basis, to perform required services.
CATEGORIES OF EXPERTISE
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A general, but not limited to, description of services to be performed is provided below under the different
categori es.
A. Health Benefit Consulting Services
1. Provide monthly written reports of health benefits plan performance in an approved format by the
authorized representative of Risk Management. Health benefit plans include all components and includes
medical, dental, prescription, savings accounts (if available/applicable), subrogation from workers'
compensation, other liability programs, and stop loss.
2. Provide quarterly management review detailing plan performance to include at minimum projected
expenses vs. actual expenses, IBNR's (Incurred But Not Reported), reserve practices, utilization review,
explanation of differences between plans and recommended actions to improve data collection. Provide a
monthly report that expense factors, reserves practices, Toss development factors, stop loss reporting, claim
payments, trends of UR (Utilization Review), and other claims analysis.
3. Review a census report provided by the TPA on a monthly basis to verify its accuracy.
4. Prepare quarterly theoretical rates for the City with information to be provided by the TPA and their
assistance. Successful Proposer(s) shall be responsible for obtaining the relevant and appropriate
information from the TPA. Successful Proposer(s) shall work closely with the TPA's underwriter
department, as well as the account representative assigned to the account and a City representative.
5. Prepare written projections of value and expense based on data gathered from the City's existing
health plans.
6. Develop models based on actuarial projections on how the City's health plans should be performing
and compare to a number of variables and plan's past performance comparable to similar plans.
7. Suggest -health plan changes to create savings and improve health plan performance.
8. Issue a written report on Actual cost comparison and performance against projected results. Analyze
plans that show that they are performing well and according to projected performance and identify the
elements that make it work.
9. Provide a semiannual fiscal year expense projection vs. actual 30 days before mid -year City's fiscal
update.
10. Work closely with City staff to assist in Risk Management and City's "end of the year" health benefit
section of a fund year report (year end Sept 30th).
11. Provide all written reports on a fund year as well as a calendar year basis.
12. Assist in evaluating Third Party Administrator (TPA) based on service, cost, and performance. To
that end, Successful Proposer(s) shall prepare a report which shows: a) a comparison of year to date v.
previous year total cost; b) Provide claims comparison of Actives and Retirees, at the different levels based
on the different plans to achieve a cost per employee; and c) Such cost should be annualized and compared
to previous year total contributions and total plan cost to examine net cost.
13. Provide explicitly its observations and interpretations of data regarding plans and cost in each report.
All paid claim analysis of the Medical, Prescription, Vision and any other City plan as requested by the
City shall reflect plan cost, fixed cost, administrative cost and stop loss.
14. Complete an analysis of COBRA benefit provided by the City by cost, by different types of plans
including medical prescription and vision, by claims paid, and administrative fees to include fixed cost and
stop loss.
15. Prepare an analysis report on a monthly basis of Prescription Cost that represents usage,
over -utilization, by Active/COBRA employees and retirees/in network& out of area, and retail v. mail
order usage of prescriptions.
16. Assist in data preparation for GASB 45 and 43 on a continuous basis, by collecting the proper data
from the different vendors and groups that must provide the necessary information for these reports.
17. Assist the City on their plan renewals and TPA contract renewals by providing information
necessary to evaluate the proposals and contracts
18. Provide actuarial assistance as needed and upon request of the City.
19. Provide any other health benefit consulting services on an as needed, when needed basis.
B. Health Actuaries
1. Appraisals
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(a) Perform Cash Flow Testing
(b) Perform Due Diligence Analysis
2. Cash Flow Testing
(a) Perform Cash Flow Testing in Determining Reserve Adequacy
(b) Performing Pricing Studies
(c) Evaluating Investment Strategies
(d) Developing Financial Projections or Forecasts
(e) Developing Actuarial Appraisals
(f) Testing Future Charges of Benefits that may vary at the discretion of the City of Miami.
3. Expert Advice, Witness and/or Testimony
(a) Perform Analysis of Legislative Proposals in connection with actuarially related matters
(b) Provide Expert Witness Testimony in connection with actuarially related matters
4. Financial Analysis, Projections, and Reporting
(a) Account for Post-employment/Pre-retirement Benefits
(b) Develop Financial and Other Projections
(c) Estimate Incurred Health Claim Liabilities
(d) Perform Asset Adequacy Analysis
(e) Perform Cash Flow Testing in Determining Reserve Adequacy
(f) Performing Pricing Studies
(g) Developing Actuarial Appraisals
(h) Testing Future Charges of Benefits that may vary at the discretion of the City of Miami
(i) Perform Trend Analysis (including Development of Plan, Rate Setting and
Liability Determination
(j) Recognize Actuary's Responsibility to the Auditor in Connection with Preparation of
(k) Review of Audited Financial Statements
(1) Valuation of Incurred Liabilities and Other Items for Actuarial Opinions and
Financial Statements
6. Group Benefits for Retired and Active Employees
(a) Actuarial Projections
(b) Financial Reporting for Post -Retirement Benefits
(c) Funding of Post -Retirement Benefits
(d) Plan design, including Rate and Contribution Determination, for Pre -Retirement Benefits
(e) Financial Reporting for, or Funding of, Pre -Retirement Benefits
(f) Provide Analysis of Managed Care, Social Insurance, Long-term Care, or Continuing Care
Retirement Communities in Connection with Post -Retirement Benefits
6. Product DevelopmentlRatemaking/Pricing
(a) Design, Use, and/or Update Risk Classification Systems
(b) Develop Financial and Other Projections
(c) Develop Rates, Plan Design, Quality Standards, Data/Claims Analysis for Products and Self
funded Plans
(d) Estimate Incurred Health Claim Liabilities
(e) Perform Cash Flow Testing in Performing Pricing Studies
(f) Testing Future Charges of Benefits that may vary at the discretion of the City of Miami
(g) Perform Trend Analysis (Aggregate and Components)
(h) Provide Analysis of Long-term Care Products, including Benefit Triggers, Non -forfeiture
Benefits, Loss ratios, and Rate Stabilization Parameters
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(i) Provide Analysis of Medical Economics of Health Care Mechanisms, Provider Staff Models,
Modeling Claims Expenses along Clinical Lines, Comparative Utilization Analysis/Profiling from
Provider Perspective
(j) Provide Analysis/Recommendation of Vendors for Medical, Dental, Long-term Care, Visions,
etc.
C. Life Actuaries
1. Appraisals
(a) Perform Cash Flow Testing in Developing Actuarial Appraisals
(b) Project asset Cash Flows in connection with Actuarial Appraisals
2. Cash Flow Testing
(a) Perform Cash Flow Testing in Determining Reserve Adequacy
(b) Performing Pricing Studies
(c) Evaluating Investment Strategies
(d) Developing Financial Projections or Forecasts
(e) Developing Actuarial Appraisals
(f) Testing Future Charges of Benefits that may vary at the discretion of the City of Miami
(g) Project Asset Cash Flows in connection with Pricing Studios
(h) Reserve Adequacy
(i) Financial Projections
(j) Actuarial Appraisals
3. Expert Advice, Witness and/or Testimony
(a) Perform Analysis of Legislative Proposals in connection with actuarially related matters
(b) Provide Expert Witness Testimony in connection with actuarially related matters
4. Financial Analysis, Projections, and Reporting
(a) Account for Reinsurance Transactions in Statutory, GAAP, or Other Financial Statements
(b) Perform Asset/Liability Management
(c) Develop Financial Projections
(d) Perform Asset Adequacy Analysis
(e) Perform Cash Flow Testing in Determining Reserve Adequacy
(f) Performing Pricing Studies
(g) Developing Actuarial Appraisals
(h) Testing Future Charges of Benefits that may vary at the discretion of the City of Miami
(i) Recognize Actuary's Responsibility to the Auditor in Connection with Preparation of Review of
Audited Financial Statements
5. Post -retirement Benefits
(a) Account for Post -retirement Benefits Other than Pensions
(b) Value Retiree Death Benefits
(c) Product Development/Ratemaking/Pricing
(d) Design, Use, and/or Update Risk Classification Systems
(e) Determine and illustrate Dividends for Participating Individual Life Insurance and Annuities
(f) Performing Pricing Studies
(g) Developing Financial Projections or Forecasts
(h) Developing Actuarial Appraisals
(i) Estimate Incurred Health Claim Liabilities
(j) Testing Future Charges of Benefits that may vary at the discretion of the City of Miami
6. Re -determine (or Determine) Non -guaranteed Charges and/or Benefits for Life Insurance and
Page 31 of 36
Request for Qualifications (RFQ)
260247
Annuities
J. Pension Actuaries
Expert Advice, Witness, and/or Testimony
(a) Provide Advice on the Selection of Assumptions for Employer Accounting Purposes
2. Financial Analysis, Projections, and Reporting
(a) Asset/Liability Matching
(b) Employer Accounting Valuation/Expense Estimate/Financial Forecast for Pension Plan
(c) Employer Accounting Valuation /Expense Estimate/Financial Forecast for
Post-employment/Pre-retirement Benefits
(d) Funding Valuation/Cost Estimate/Financial Forecast for Pension Plan
(e) Financial Reporting for Post -retirement Benefits
(f) Funding of Post -retirement Benefits
(g) Plan Design, including Rate and Contribution Determination, for Pre -retirement Benefits
(h) Financial Reporting for, or Funding of, Pre -retirement Benefits
(i) Provide Analysis of Managed Care, Social Insurance, Long -Term Care, or Continuing Care
Retirement Communities in Connection with Post -retirement Benefits.
3. Valuation Services
(a) Determine Actuarial Present Value of Accumulated Pension Plan Benefits
(b) Determine Present Value of Unfunded, Vested Benefits
(c) Employer Accounting Valuation/Expense Estimate for Pension Plan Special Income Items
(d) Employer Accounting Valuation/Expense/Estimate/Financial Forecast for Pension Plan
(e) Employer Accounting Valuation /Expense/Estimate/Financial Forecast for
Post-employment/Pre-retirement Benefits
(f) Employer Accounting Valuation /Expense/Estimate/Financial Forecast for
Pre -retirement Benefits other than Pensions
(g) Provide Advice on the Selection of Assumptions for Employer Accounting Purposes
F. Casualty Actuaries
1. Appraisals
2. Expert Advice, Witness, and/or Testimony
3. Financial Analysis, Projections, and Reporting
(a) Analyze Cost of Capital Issues
(b) Asset Liability Matching & Adequacy Testing
(c) Dynamic Financial Analysis
(d) Comprehensive Annual Financial Reporting
(e) Statutory and GAAP Reporting
(f) Rating Agencies
3. Miscellaneous
(a) Catastrophe Models- Development of Models
(b) Selection of Vendors, and Use for Portfolio Analysis and Data Management
4. Product Development/Ratemaking/Pricing
(a) Create and Review Risk Classification Plan
(b) Determine impact deductibles, coinsurance, and insurance to value
(c) Development of risk provisions
(d) Perform individual risk ratemaking
(e) Prepare relativity filings (increased limits factors, amount of insurance relativities, etc.)
(f) Price new coverage and programs
(g) Price reinsurance contracts
Page 32 of 36
(h) Review territory definitions and relativities . .
Request for Qualifications (RFQ)
260247
Page 33 of 36
Request for Qualifications (RFQ)
260247
4. Submission Requirements
4.1. SUBMISSION REQUIREMENTS
In order to determine Proposer's Qualifications, on a per Category basis, the following documents, as a
minimum, are to be submitted as part of the Response to this RFQ.
Responses to all requests for documentation requested below will be utilized to determine whether
Proposer met all minimum requirements depicted in Section 2.7, Proposer's Minimum Qualifications and
to determine qualifications for each Proposer on a per Category basis.
Proposers must clearly identify under which Category of Expertise it is seeking to qualify, and Proposers
may seek to qualify for one or more or all Categories. Within its Response, Proposers must provide, for
each Category of Expertise it is seeking to qualify, all the requested information sought below, in order to
determine whether Proposer met the minimum qualification requirements for said Category(s).
Proposers shall carefully follow the format and instruction outlined below, observing format requirements
where indicated. Proposals should contain the information itemized below and in the order indicated. This
information should be provided for the Proposer and any sub -consultants to be utilized for the work
contemplated by this Solicitation. Proposals submitted which do not include the following items may be
deemed non -responsive and may not be considered for contract award.
ALL RESPONSES WILL BE SUBMITTED IN HARDCOPY FORMAT ONLY TO INCLUDE ONE
ORIGINAL AND SEVEN (7) COPIES. NO ON-LINE SUBMITTALS WILL BE ACCEPTED.
The response to this solicitation should be presented in the following format. Failure to do so may
deem your Proposal non -responsive.
1. Cover Page -The Cover Page should include the Proposer's name; Contact Person for the RFO;
Firm's Liaison for the Contract; Primary Office Location and Local Business Address, if applicable;
Business Phone and Fax Numbers, if applicable Email addresses; Title of RFQ; RFQ Number; Federal
Employer Identification Number or Social Security Number.
2. Executive Summary - A signed and dated summary of not more than three (3) pages containing the
Proposer's Overall Expertise, Qualifications and Experience, including the Categories under which
Proposer is seeking to qualify. Include the name of the organization, business phone, contact person, and
phone/fax/email address.Describe its overall organization, history and background, tax status, principals,
owners, board of directors and/or board of trustees, number of professionals employed, and the date
Proposer was incorporated/organized; State(s) incorporated/organized in.
4. Provide the branch or other subordinate units or divisions that will perform or assist in performing
any work resulting from this RFQ; the number of years the firm has been in existence and number of years
firm has been providing this type of service; the overall size of the firm; and the primary sector (public vs.
private) and markets the firm serves.
5. State number of partners, managers, supervisors, seniors and other professional staff employed at
the office from which the work for the City is to be performed.
6. Provide the Proposer's, and any employee(s), partner(s), principal(s), officer(s) or owner(s) of the
firm, and/or the firm or any of its affiliates or parent, including joint ventures, most recent and/or current
experience in performing these services, including any previous City of Miami experience.
7. Detail its overall health benefit consulting services and/or actuary expertise. Provide the City with
a list of other individuals, municipalities, associations, or organizations who have retained the Proposer for
the purposes of health benefit consulting services and/or actuary services and detail the health benefit
consulting services and/or actuary services provided for client; and indicate how long the relationship
existed and the periods of service. Include contact name, telephone number, and period of time
representation occurred. The City reserves the right to contact any reference as part of the qualification
process.
8. Describe in detail, on a Der Category bask, the health benefit consulting services (if proposing)
and/or actuary experience and expertise of the Proposer; include resumes for the principal supervisory
personnel who will be assigned to this engagement and describe their relevant experience in the past three
(3) years in providing similar services and any experience. Include contact name, telephone number, and
period of time representation occurred. The City reserves the right to contact any reference as part of the
qualification process.
Page 34 of 36
Request for Qualifications (RFQ)
260247
9. Include a description of how the Proposer proposes to staff this engagement, and include the name
of the principal, the names of those members of the firm designated to assist in the various areas of required
expertise; the qualifications of the individuals in those areas; and the role each member of the actuarial
services team will play. Provide resume(s) as necessary.
10. List the most significant accomplishments related to health benefit consulting services and/or
actuarial services performed in the past three (3) years; summarize scope of services, term of service,
engagement partners, and the name and telephone number of the principal client contact.
11. Provide a minimum of two (2) references on the letterhead of the client to whom services of a
similar nature were provided. The City reserves the right to contact any reference as part of the
qualification process.
12. Provide details of any lawsuits, bankruptcies, indictments, or investigations involving the
Proposer, an employee(s), partner(s), principal(s), officer(s) or owner(s) of the firm, and/or the firm or any
of its affiliates or parent, including joint ventures, or any of its principals.
13. Indicate whether the selection of Proposer would result in any current or future potential conflict
of interest. If so, your response must specify the party with which the conflict exists or might arise, the
nature of the conflict, and whether your firm or any of its affiliates or parent, would step aside or resign
from the engagement or representation creating the conflict. Please also disclose any financial or
contractual relationship an employee(s), partner(s), principal(s), officer(s) or owner(s) of the firm, and/or
the firm or any of its affiliates or parent, including joint ventures, has, or have had, over the past five (5)
years with any City of Miami elected or appointed official, or with a firm in which they were employed.
This information is subject to verification as part of the qualification process.
Page 35 of 36
Request for Qualifications (RFQ)
260247
5. Evaluation Criteria
5.1. EVALUATION CRITERIA
Proposals shall be evaluated based on qualifications and submission of required documentation and
information, per Category, and in accordance with Section 4.1. Submission Requirements of this RFQ.
Page 36 of 36
RFQ NO. 260247 EXHIBIT A
Health Benefit Consulting Services & Actuarial Services
PROFESSIONAL SERVICES AGREEMENT
By and Between
The City of Miami, Florida
and
This Professional Services Agreement ("Agreement") is entered into this day of
, 2011 by and between the City of Miami, a municipal corporation of the State of
Florida, whose address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 ("City"), and
, Q a Corporation qualified to do business in Florida whose principal
address is ("Provider").
RECITALS:
WHEREAS, the City issued Request for No. on , (the
"RFQ", attached hereto, incorporated hereby, and made a part hereof as Exhibit A) for the
provision of , ("Services" as more fully set forth in the scope of work "SOW"
attached hereto as Exhibit B) for the Risk Management Department and Provider's proposal
("Proposal", attached hereto, incorporated hereby, and made a part hereof as Exhibit C), in
response thereto, has been selected as the most qualified for the provision of the
Services.
WHEREAS, the Evaluation Committee appointed by the City Manager determined that
the Proposal submitted by the Provider was responsive to the RFQ requirements and
recommended that the City Manager negotiate with the Provider; and
WHEREAS, the City wishes to engage the Services of Provider, and Provider wishes to
perform the Services for the City; and
WHEREAS, the City and the Provider desire to enter into this Agreement under the terms
and conditions set forth herein.
RFQ NO. 260247 EXHIBIT A
Health Benefit Consulting Services & Actuarial Services
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
TERMS:
1. RECITALS AND INCORPORATIONS; DEFINITIONS:
A. The recitals are true and correct and are hereby incorporated into and made a part
of this Agreement. The City's RFQ is hereby incorporated into and made a part of this
Agreement and attached hereto as Exhibit "A". The Services are hereby incorporated into and
made a part of this Agreement as attached Exhibit "B". The Provider's Response dated,_, is
hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The
Provider's Insurance Certificate is hereby incorporated into and made a part of this Agreement as
Exhibit "D". The order of precedence whenever there is conflicting or inconsistent language
between documents is as follows: (1) Professional Services Agreement with the Scope of Work;
(2) Addenda/Addendum to the Request for ; (3) Request for ; and (4)
, response to the Request for
2. TERM: The initial term of this Agreement shall commence on the Effective Date
and shall Continue in effect for an initial term of _ () years.
3. OPTION TO EXTEND: The City shall have three (3) option(s) to extend the term
hereof for a period of one (1) year each, subject to availability and appropriation of funds. The
City shall exercise its right to extend the term hereof by giving Provider at least thirty (30) days
written notice prior to the expiration of the previous term. City Commission approval shall not be
required as long as the total extended term does not exceed three (3) years.
3. SCOPE OF SERVICES:
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RFQ NO. 260247 EXHIBIT A
Health Benefit Consulting Services & Actuarial Services
A. Provider agrees to provide the Services as specifically described, and under the
special terms and conditions set forth in Exhibit "A" hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. Provider represents to the City that: (i) it possesses all qualifications, licenses and
expertise required for the performance of the Services, including but not limited to full
qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due
the City, including payment of permits, 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 term hereof, fully qualified and trained to perform the tasks assigned to
each; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each
person executing this Agreement on behalf of Provider has been duly authorized to so execute
the same and fully bind Provider as a party to this Agreement.
D. Provider shall at all times provide fully qualified, competent and physically
capable employees to perform the Services under this Agreement. City may require Provider to
remove any employee the City deems careless, incompetent, insubordinate, or otherwise
objectionable and whose continued services under this Agreement is not in the best interest of
the City. Each of the Provider's employees shall have and wear proper identification.
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RFQ NO. 260247 EXHIBIT A
Health Benefit Consulting Services & Actuarial Services
4. COMPENSATION:
A. The amount of compensation payable by the City to the Provider shall be based
on the rates and schedules described in Exhibit "E" hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. Payment shall be made in arrears based upon work performed to the satisfaction
of the City within forty-five (45) days after receipt of Provider's invoice for Services performed,
which shall be accompanied by sufficient supporting documentation and contain sufficient detail,
to allow a proper audit of expenditures, should the City require one to be performed. Invoices
shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. -
218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any
time.
C. Provider agrees and understands that (i) any and all subcontractors providing
Services related to this Agreement shall be paid through Provider and not paid directly by the
City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the
Services related to this Agreement shall be borne solely by Provider.
5. 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, its employees, or any subcontractor, 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 the City Manager,
which may be withheld or conditioned by the City Manager in his sole discretion. Provider is
permitted to make and to maintain duplicate copies of the files, records, documents, etc. if
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RFQ NO. 260247 EXHIBIT A
Health Benefit Consulting Services & Actuarial Services
Provider determines copies of such records are necessary subsequent to the termination of this
Agreement; however, in no way shall the confidentiality as permitted by applicable law be
breached. The City shall maintain and retain ownership of any and all documents which result
upon the completion of the work and Services under this Agreement.
6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION:
A. Provider agrees to provide access to the City or to any of its duly authorized
representatives, to any books, documents, papers, and records of Provider which are directly
pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. 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 and inspect, or cause to be audited
and inspected, those books, documents, papers, and records of Provider which are related to
Provider's performance under this Agreement. Provider agrees to maintain any and all such
books, documents, papers, and records at its principal place of business for a period of three (3)
years after final payment is made under this Agreement and all other pending matters are closed.
Provider's failure to adhere to, or refuse to comply with, this condition shall result in the
immediate cancellation of this Agreement by the City.
B. The City may, at reasonable times during the term hereof, inspect the 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 RF_, 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 accordance with, the
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RFQ NO. 260247 EXHIBIT A
Health Benefit Consulting Services & Actuarial Services
provisions of Section 18-100 and 18-101 of the Code of the City of Miami, Florida as same may
be amended or supplemented, from time to time.
7. AWARD OF AGREEMENT: Provider represents and warrants to the City that it
has not employed or retained any person or company employed 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.
8. PUBLIC RECORDS:
A. Provider understands that the public shall have access, at all reasonable times, to
all documents and information pertaining to City Agreements, 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 laws. 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.
B. Should Provider determine to dispute any public access provision required by
Florida Statutes, then Provider shall do so at its own expense. and at no cost to the City.
8. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider
understands that agreements with local governments are subject to certain laws and regulations,
including laws pertaining to public records, conflict of interest, record keeping, etc. City and
Provider agree to comply with and observe all such applicable federal, state and local laws, rules,
regulations, codes and ordinances, as they may be amended from time to time.
Provider further agrees to include in all of Provider's agreements with subcontractors for
any Services related to this Agreement this provision requiring subcontractors to comply with
6
RFQ NO. 260247 EXHIBIT A
Health Benefit Consulting Services & Actuarial Services
and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances,
as they may be amended from time to time.
9. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the
City and its officials, employees, and its designated third -party administrator for claims
(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, resulting from, or in connection with (i) the
negligent performance or non-performance of the Services contemplated by this Agreement
(whether active or passive) of Provider or its employees or subcontractors (collectively referred
to as "Provider") which is directly caused, in whole or in part, by any act, omission, default or
negligence (whether active or passive or in strict liability) of the Indemnities, or any of them, or
(ii) the failure of the Provider to comply materially with any of the requirements herein, or the
failure of the Provider to conform to statutes, ordinances, or other regulations or requirements of
any governmental authority, local, federal or state, in connection with the performance of this
Agreement. Provider expressly agrees to indemnify, defend 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. Provider further agrees to indemnify, defend and
hold harmless the Indemnitees form and against (i) any and all Liabilities imposed on account of
the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related
directly to Provider's negligent performance under this Agreement, compliance with which is
7
RFQ NO. 260247 EXHIBIT A
Health Benefit Consulting Services & Actuarial Services
left by this Agreement to Provider, and (ii) any and all claims, and/or suits for labor and
materials furnished by Provider or utilized in the performance of this Agreement or otherwise.
In the event that any third party asserts claims against the Provider and/or the
Indemnitees for which Provider is defending the Indemnitees relating to the Services, Provider
shall have the right to select its legal counsel for such defense, subject to the approval of the
City, which approval shall not be unreasonably withheld. It is understood and agreed that in the
event that counsel selected by Provider charges rates greater than those customarily paid by the
City at the time that such claim is asserted, but in no event less than $250.00 per hour, the parties
shall, in good faith, attempt to agree upon such rates or upon an allocation of payment of such
rates. In the event that the third party claim for which Provider has provided or paid Indemnitees
defense results in a finding of fault on the part of the Indemnitees, then the City shall reimburse
Provider the cost of the Indemnitees defense to the extent of such finding of fault.
This section shall be interpreted to comply with Sections 725.06 and/or 725.08, Florida
Statutes. Provider's obligations to indemnify, defend and hold harmless the lndemnitees shall
survive the termination of this Agreement.
Provider understands and agrees that any and all liabilities regarding the use of any
subcontractor for Services related to this Agreement shall be borne solely by Provider throughout
the duration of this Agreement and that this provision shall survive the termination of this
Agreement.
10. DEFAULT: If Provider fails to comply materially with any term or condition of this
Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to
cure such failure after reasonable notice from the City, then Provider shall be in default.
Provider understands and agrees that termination of this Agreement under this section shall not
8
RFQ NO. 260247 EXHIBIT A
Health Benefit Consulting Services & Actuarial Services
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, 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.
11. RESOLUTION OF AGREEMENT DISPUTES: 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 hereunder exceeds Twenty -Five Thousand Dollars and No/Cents
($25,000), 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 Twenty -Five Thousand Dollars and No/Cents ($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.
12. TERMINATION;OBLIGATIONS UPON TERMINATION:
A. The City, acting by and through its City Manager, shall have the right to terminate
this Agreement, in its sole discretion, at any time, by giving written notice to Provider at least
sixty (60) calendar days prior to the effective date of such termination. In such event, the City
9
RFQ NO. 260247 EXHIBIT A
Health Benefit Consulting Services & Actuarial Services
shall pay to Provider compensation for Services rendered and approved expenses incurred prior
to the effective date of termination. In no event shall the City be liable to Provider for any
additional compensation and expenses incurred, other than that provided herein, and in no event
shall the City be liable for any consequential or incidental damages.
B. The City Manager shall have the right to terminate this Agreement, without notice
or liability to Provider, upon the occurrence of an event of a material default hereunder. In such
event, the City shall not be obligated to pay any amounts to Provider for Services rendered by
Provider after the date of termination, but the parties shall remain responsible for any payments
that have become due and owing as of the effective date of termination. In no event shall the City
be liable to Provider for any additional compensation and expenses incurred, other than that
provided herein, and in no event shall the City be liable for any consequential or incidental
damages.
C. This Agreement may be terminated, in whole or in part, at any time by mutual
written consent of the parties hereto. In such event, the City shall not be obligated to pay any
amounts to Provider for Services rendered by Provider after the date of termination, but the
parties shall remain responsible for any payments that have become due and owing as of the
effective date of termination. In no event shall the City be liable to Provider for any additional
compensation and expenses incurred, other than that provided herein, and in no event shall the
City be liable for any consequential or incidental damages.
D. This Agreement may be terminated, in whole or in part, by either party if there
has been a material default or breach on the part of the other party in any of its representations,
warranties, covenants, or obligations contained in this Agreement and such default or breach is
not cured within ninety (90) days following written notice from the non -breaching party. In such
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RFQ NO. 260247 EXHIBIT A
Health Benefit Consulting Services & Actuarial Services
event, the City shall not be obligated to pay any amounts to Provider for Services rendered by
Provider after the date of termination, but the parties shall remain responsible for any payments
that have become due and owing as of the effective date of termination. In no event shall the City
be liable to Provider for any additional compensation and expenses incurred, other than that
provided herein, and in no event shall the City be liable for any consequential or incidental
damages.
13. INSURANCE:
A. Provider shall, at all times during the term hereof, maintain such insurance
coverage(s) as may be required by the City. The insurance coverage(s) required as of the
Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by
this reference... The City RF_ number and title of the RF_ must appear on each certificate of
insurance. The Provider shall add the City of Miami as an additional named insured to its
commercial general liability and auto policies and as a named certificate holder on all policies.
Provider shall correct any insurance certificatesas requested by the City's Risk Management
Administrator. All such insurance, including renewals, shall be subject to the approval of the
City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the
City Risk Management Administrator on Certificates of Insurance indicating such insurance to
be in force and effect and providing that it will not be canceled, modified, or changed during the
performance of the Services under this Agreement without thirty (30) calendar days prior written
notice to the City Risk Management Administrator. 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.
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RFQ NO. 260247 EXHIBIT A
Health Benefit Consulting Services & Actuarial Services
B. If, in the reasonable judgment of the City, prevailing conditions in the insurance
marketplace warrant the provision by Provider of additional One Million Dollars ($1,000,000)
of professional liability insurance coverage, the City reserves the right to require the provision by
Provider of up to such additional amount of professional liability coverage, and shall afford
written notice of such change in requirements thirty (30) days prior to the date on which the
requirements shall take effect. Should the Provider fail or refuse to satisfy the requirement of
additional coverage within thirty (30) days following the City's written notice, this Agreement
shall be considered terminated on the date the required change in policy coverage would
otherwise take effect.
C. Provider understands and agrees that any and all liabilities regarding the use of
any of Provider's employees or any of Provider's subcontractors for Services related to this
Agreement shall be bome solely by Provider throughout the term of this Agreement and that this
provision shall survive the termination of this Agreement. Provider further understands and
agrees that insurance for each employee of Provider and each subcontractor providing Services
related to this Agreement shall be maintained in good standing and approved by the City Risk
Management Administrator throughout the duration of this Agreement.
D. Provider shall be responsible for assuring that the insurance certificates required
under this Agreement remain in full force and effect for the duration of this Agreement,
including any extensions hereof. If insurance certificates are scheduled to expire during the term
of this Agreement and any extension hereof, Provider shall be responsible for submitting new or
renewed insurance certificates to the City's Risk Management Administrator at a minimum of
ten (10) calendar days in advance of such expiration. In the event that expired certificates are not
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replaced, with new or renewed certificates which cover the term of this Agreement and any
extension thereof:
(i)
the City shall suspend this Agreement until such time as the new or renewed
certificate(s) are received in acceptable form by the City's Risk Management
Administrator; or
(ii) the City may, at its sole discretion, terminate the Agreement for cause and seek
re -procurement damages from Provider in conjunction with the violation of the terms and
conditions of this Agreement.
E. Compliance with the foregoing requirements shall not relieve Provider of its
liabilities and obligations under this Agreement.
14. NONDISCRIMINATION:
Provider represents 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, marital
status or national 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.
15. ASSIGNMENT:
This Agreement shall not be assigned by Provider, in whole or in part, and Provider shall
not assign any part of its operations, without the prior written consent of the City, which may be
withheld or conditioned, in the City's sole discretion through the City Manager. Provider may
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not change or replace sub -contractors performing work under the Scope of Services identified in
Exhibit "B" without the prior written consent from the City Manager.
16. NOTICES:
All notices or other communications required under this Agreement shall be in writing
and shall be given by hand -delivery or 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 actual receipt, whichever is earlier.
TO PROVIDER: TO THE CITY:
Tony E. Crapp, Jr.
City Manager
444 SW 2"d Avenue, 10th Floor
Miami, Florida 33130
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17. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County,
Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether
asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient
venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts
and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any
rights to a jury trial.
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
of any subsequent breach of the same or any other provision hereof, and no waiver shall 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 the 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. Provider shall comply with all applicable laws, rules and regulations in the
performance of this Agreement, including but not limited to licensure, and certifications required
by law for professional service providers.
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F. This Agreement constitutes the sole and entire 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. Except as otherwise set forth in Section
2 above, the City Manager shall have the sole authority to extend, to amend or to modify this
Agreement on behalf of the City.
18. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
19. INDEPENDENT CONTRACTORS: 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, neither Provider, nor its employees, nor any subcontractor
hired by Provider to provide any Services under this Agreement shall attain, nor be entitled to,
any rights 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, its employees, or any subcontractor hired by Provider to provide any Services
hereunder, and Provider agrees to provide or to require subcontractor(s) to provide, as applicable,
workers' compensation insurance for any employee or agent of Provider rendering Services to
the City under this Agreement. Provider further understands and agrees that Provider's or
subcontractors' use or entry upon City properties shall not in any way change its or their status as
an independent contractor.
20. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
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subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days written notice.
21. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act
of governmental body or military authority, fire, explosion, power failure, flood, storm,
hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or
terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is
delayed in the performance of any act or obligation pursuant to or required by the Agreement
by reason of a Force Majeure Event, the time for required completion of such act or obligation
shall be extended by the number of days equal to the total number of days, if any, that such
party is actually delayed by such Force Majeure Event. The party seeking delay in
performance shall give notice to the other party specifying the anticipated duration of the
delay, and if such delay shall extend beyond the duration specified in such notice, additional
notice shall be repeated no less than monthly so long as such delay due to a Force Majeure
Event continues. Any party seeking delay in performance due to a Force Majeure Event shall
use its best efforts to rectify any condition causing such delay and shall cooperate with the
other party to overcome any delay that has resulted.
22. CITY NOT LIABLE FOR DELAYS: Provider hereby understands and agrees
that in no event shall the City be liable for, or responsible to Provider or any subcontractor, or
to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work
herein provided for, or any damages whatsoever related thereto, because of any injunction or
other legal or equitable proceedings or on account of any delay(s) for any cause over which
the City has no control.
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23. USE OF NAME: Provider understands and agrees that the City is not engaged in
research for advertising, sales promotion, or other publicity purposes. Provider is allowed, within
the limited scope of normal and customary marketing and promotion of its work, to use the
general results of this project and the name of the City. The Provider agrees to protect any
confidential information provided by the City and will not release information of a specific
nature without prior written consent of the City Manager or the City Commission.
24. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2-
611, as amended ("City Code"), regarding conflicts of interest, Provider hereby certifies to City
that individual member of Provider, no employee, and no subcontractor under this Agreement
nor any immediate family member of any of the same is also a member of any board,
commission, or agency of the City. Provider hereby represents and warrants to the City that
throughout the term of this Agreement, Provider, its employees and its subcontractors will abide
by this prohibition of the City Code.
25. NO THIRD -PARTY BENEFICIARY: No persons other than the Provider and the
City (and their successors and assigns) shall have any rights whatsoever under this Agreement.
26. SURVIVAL: All obligations (including but not limited to indemnity and
obligations to defend and hold harmless) and rights of any party arising during or attributable to
the period prior to expiration or earlier termination of this Agreement shall survive such
expiration or earlier termination.
27. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND
WARRANTY: Provider hereby certifies, represents and warrants to City that on the date of
Provider's execution of this Agreement and so long as this Agreement shall remain in full force
and effect, the wage rates and other factual unit costs supporting the compensation to Provider
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under this Agreement are and will continue to be accurate, complete, and current. Provider
understands, agrees and acknowledges that the City shall adjust the amount of the compensation
and any additions thereto to exclude any significant sums by which the City determines the
contract price of compensation hereunder was increased due to inaccurate, incomplete, or non-
current wage rates and other factual unit costs. All such contract adjustments shall be made
within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated
pursuant to the provisions hereof.
28. COUNTERPARTS: This Agreement may be executed in three or more
counterparts, each of which shall constitute an original but all of which, when taken together,
shall constitute one and the same agreement.
29. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole 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.
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.
"City"
CITY OF MIAMI, a municipal
ATTEST: corporation
By:
Priscilla A. Thompson, City Clerk Tony E. Crapp, Jr., City Manager
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"Provider"
ATTEST: Connecticut General Life Insurance Company
By:
Print Name: Print Name:
Title: Title:
(Corporate Seal)
(Authorized Corporate Officer)
APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE
AND CORRECTNESS: REQUIREMENTS:
Julie O. Bru
City Attorney
Gary S. Reshefsky
Risk Management Director
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CORPORATE RESOLUTION
WHEREAS, Connecticut General Life Insurance Company, a corporation,
desires to enter into an agreement with the City of Miami for the purpose of performing the work
described in the contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the bylaws of the corporation;
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Health Benefit Consulting Services & Actuarial Services
EXHIBIT A
Request for Qualifications No. 260247
and All Addenda thereto
(To be provided upon document execution)
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EXHIBIT B
SCOPE OF WORK
(To be completed and included upon document execution)
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EXHIBIT C
Proposed Proposal dated and any modifications/addenda thereto
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EXHIBIT D
INSURANCE REQUIREMENTS
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami included as an Additional Insured
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Owned/Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami included as an Additional Insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
V. Professional Liability/Errors and Omissions Coverage
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Health Benefit Consulting Services & Actuarial Services
Combined Single Limit
Each Claim $1,000,000
General Aggregate Limit $1,000,000
Deductible- not to exceed 10%
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer not less than (30) days prior to any such cancellation or
material change.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no less than "A" as to management, and no less than "Class V" as to
Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are
subject to review and verification by Risk Management prior to insurance approval.
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EXHIBIT E
COMPENSATION
(To be provided upon document execution)
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EXHIBIT F
CORPORATE RESOLUTIONS
AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA
(To be provided upon document execution)
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G
SGabriel Roeder Smith & Company
Consultants & Actuaries
CITY OF MIAMI, FLORIDA
OTHER POST -EMPLOYMENT BENEFITS FOR
POLICE OFFICERS
ACTUARIAL REPORT FOR YEAR ENDING SEPTEMBER 30, 2010
RFQ NO 260247
Health Benefit Consulting Services & Actuarial Services EXHIBIT B
December 28, 2010
Mr. Gary Reshefsky
Director of Risk Management
City of Miami
444 S.W. 2nd Ave.
Miami, FL 33130-1910
Re: GASB Statement No. 45 Actuarial Valuation of Other Post -Employment Benefits (OPEB)
Dear Mr. Reshefsky:
Gabriel Roeder Smith & Company (GRS) has been engaged by the City of Miami to perform an Actuarial
Valuation of certain Other Post -Employment Benefits (OPEB) provided to its retiring City Police Officers.
OPEB provided to other retiring City employees is the subject of a separate Report. We are pleased to present
herein the results pertaining to benefits provided to the City's Police Officers.
The Valuation was performed as of October 1, 2008 (applicable to the City's fiscal year ending September 30,
2010) and covers the subsidies for medical (including prescription drug) and life insurance benefits provided to
City retiring Police Officers. No other OPEBs were recognized.
The actuarial calculations were prepared for the purpose of complying with the requirements of Statement No.
45 of the Governmental Accounting Standards Board (GASB) and have been made on a basis consistent with
our understanding of these accounting standards. Determinations of the liability associated with the benefits
described in this Report for purposes other than satisfying the City's financial reporting requirements may
produce significantly different results. This Report may be provided to parties other than the City of Miami
only in its entirety and only with the permission of the City.
All actuarial calculations were performed on the basis of the Substantive Plan and the Actuarial Assumptions
and Methods, as set forth in the respective sections of this Report. The Valuation was performed on the basis
of employee, retiree and financial information supplied by the FOP Insurance Trust and City officials.
Although we did not audit this information, it was reviewed for reasonableness.
The undersigned is a member of the American Academy of Actuaries and meets the Qualification Standards of
the Academy of Actuaries to render the actuarial opinion herein.
We will be pleased to answer any questions pertaining to the Valuation and to meet with you to review this
Report.
Respectfully submitted,
GABRIEL, ROEDER, SMITH AND COMPANY
James J. Rizzo, ASA, MAAA
Senior Consultant & Actuary
a„„
Piotr Krekora, ASA, MAAA
Senior Actuarial Analyst
RFQ NO 260247
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TABLE OF CONTENTS
SECTION
TITLE PAGE
A EXECUTIVE SUMMARY A-1
B SUMMARY OF ACTUARIAL VALUATION RESULTS
1. SUMMARY OF ACTUARIAL VALUATION RESULTS B-1
2. 20 -YEAR PROJECTION OF UNFUNDED CASH FLOW B-2
3. 10 -YEAR PROJECTION OF NET OPEB OBLIGATION B-3
4. AGE AND SERVICE TABLES B-4
C DEVELOPMENT OF INITIAL PER CAPITA COSTS C-1
D ACTUARIAL ASSUMPTIONS AND METHODS
1. METHODS AND DEMOGRAPHIC/ECONOMIC ASSUMPTIONS D-1
2. HEALTH COVERAGE ASSUMPTIONS D-5
3. MISCELLANEOUS AND TECHNICAL ASSUMPTIONS D-6
4. DEFINITION OF TECHNICAL TERMS D-7
E SUMMARY OF SUBSTANTIVE PLAN PROVISIONS E-1
APPENDIX A GASB DISCLOSURES F-1
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SECTION A
EXECUTIVE SUMMARY
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EXECUTIVE SUMMARY
The Governmental Accounting Standards Board (GASB) issued Statement No. 45 to set forth rules for how
governmental employers should account for Other Post -Employment Benefits (OPEBs). This Accounting
Standard is effective for fiscal years beginning after December 15, 2006 for governments that were "Phase 1"
governments for the purpose of implementing Statement No. 34. The City of Miami (City) has implemented
GASB Statement No. 45 since the '07-'08 fiscal year. The results presented herein are applicable to the year
ending September 30, 2010.
This Actuarial Valuation and Report covers the OPEBs provided on behalf of current and future retirees of the
City of Miami Police Officers. A separate report will be prepared for benefits offered to all other city retirees.
The Substantive Plan provisions for the OPEBs subject to this valuation are described in the Section at the
end of this Report entitled "Summary of Substantive Plan Provisions."
GASB'S RATIONALE
The issuance of GASB Statement Nos. 43 and 45 marks another major step in GASB's movement toward full
accrual accounting for all governmental entities which issue government -wide financial statements according
to generally accepted accounting principles.
Prior to implementation, the costs of OPEBs had been reflected in the majority of governmental financial
statements on a pay-as-you-go basis of accounting. The subsidy provided by the City had been recorded as an
expense only after employees retire, and then only one year at a time as the subsidy is paid. Statement No. 45
views the subsidy for retiree medical benefits as a form of compensation which must be accrued on the books
of the City during an employee's working life, rather than waiting until the employee's service to the City has
been completed and he or she has retired. So GASB requires the lifetime value of that subsidy to be expensed
over the working career of the employees.
DIRECT SUBSIDIES
Retired Police Officers are offered coverage at a discounted premium. This exceeds the minimum required of
Florida governmental employers per Ch. 112.08, F.S. Details regarding the premiums charged can be found
the section entitled "Summary of Substantive Plan Provisions".
IMPLICIT RATE SUBSIDY
Health coverage is provided to active and retired Police Officers as well as to their dependents through a group
insurance plan administered by the Fraternal Order of the Police Miami Lodge #20 (FOP) through the FOP
Health Plan. It may appear, at first glance, that the City's subsidy for retiree coverage is limited to the
difference between the published total premium and the amount paid by retirees. However, the published
premiums are based on a blending of the experience among younger active employees and older retired
employees. Since the older retirees actually have higher costs, this means that the City is further subsidizing
the cost of the retiree coverage because it pays all or a significant portion of that premium on behalf of the
active employees.
GASB No. 45 calls this the "implicit rate subsidy". Even though it appears that there is no City subsidy of
retiree coverage beyond the premium discount, there really is, and it is not an insignificant amount. A group
of 60-year-old retirees can easily cost three times as much as a group of 35-year-old active employees with the
City paying an "average" premium for active employees' coverage. The City, therefore, has assumed an
obligation to pay for that implicit subsidy for the covered lifetime of the current retirees (and their
RFQ NO 260247
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dependents), and for the covered lifetime of the current employees (and dependents) after they retire in the
future.
Measuring the current year's subsidy and projecting it (for all Police Officers) for decades into the future and
making an allocation of that cost to different years, is the subject of this Actuarial Valuation and Report.
FUNDED AND UNFUNDED PLANS
According to GASB Statement No. 45, certain expense and liability numbers will need to be included in the
City's Comprehensive Annual Financial Report (CAFR). However, GASB is not requiring the City to actually
advance -fund the OPEB Plan by forming a Trust and pre -funding the obligation like pension benefits. That
may be advisable, and it is still an option available to the City, whether to pre -fund or not to pre -fund; but it is
not a requirement.
Currently, the City's subsidy to OPEB benefits is unfunded. There is no separate Trust Fund or equivalent
arrangement into which the City makes contributions to advance -fund the obligation, as it does for its pension
plans. The ultimate direct and implicit subsidies provided over time are financed directly by general assets of
the City, which are invested in short-term fixed income instruments according to its current investment policy.
Consequently and for the City's unfunded OPEB Plan, according to GASB Statement No. 45, the interest
discount rate used to calculate the present values and costs of the OPEB must be the long-range expected
return on such short-term fixed income instruments. The City selected an interest discount rate of 4.25% for
this purpose. However, if the OPEB Plan were advance -funded and if its assets were invested in a reasonable
mix of stocks and bonds, like pension funds, then a much higher interest discount rate may be used, say, 7%.
This would result in a substantially lower Annual OPEB Cost and a substantially lower Unfunded Actuarial
Accrued Liability than if 4.25% were used.
ACTUARIAL ASSUMPTIONS
In any long-term Actuarial Valuation (such as for Pensions and OPEBs), certain demographic, economic and
behavioral assumptions are made concerning the population, the investment discount rates and the benefits
provided. These Actuarial Assumptions form the basis for the actuarial model which is used to project the
future population, the future benefits provided, and the future contributions collected. The demographic
assumptions used for projecting the future population for this OPEB Valuation were essentially the same as
those used to project the future populations for the Firefighters' and Police Officers Pension Plan, which were
prepared as of the same Valuation Date.
The investment discount rate assumption is used to discount the projected net OPEB benefits to a present
value. This and other related present values are used to calculate the Annual OPEB Cost that will be expensed
in the City's financial statements and the Unfunded Actuarial Accrued Liability disclosed in the statements as
well.
It would be instructive to review the Section of this Report titled, "Actuarial Assumptions and Methods" for
details of all the relevant Actuarial Assumptions used in this Valuation.
ACTUARIAL COST METHODS
GASB Statement No. 45 allows flexibility to governmental employers in the use of various actuarial cost
methods. Several such acceptable actuarial cost methods were investigated. The goal was to recommend to
the City the most acceptable and appropriate actuarial cost method.
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Liabilities and OPEB Costs for the City's Plan were developed using various actuarial cost methods, such as
under the Entry Age Normal Cost Method, the Frozen Entry Age Normal Cost Method, the Aggregate Cost
Method and the Projected Unit Credit Normal Cost Method. Furthermore, the Normal Costs and the
amortization of any Unfunded Actuarial Accrued Liabilities were calculated using both level dollar and level
percent of expected pay.
The results presented herein have been derived using the Entry Age Actuarial Cost Method with an
amortization of the Unfunded Actuarial Accrued Liability as a level percent of expected payroll. This is the
most common such method used for government Pension valuations (and likely so for OPEB valuations) and
spreads the costs evenly as a percent of pay throughout the collective careers of those in the covered
workforce.
SUMMARY (FOR POLICE OFFICERS)
Following is a summary of the key results of this Actuarial Valuation for Other Post Employment Benefits
offered to retiring Police Officers covered under the health and life plans administered by the City. More
details can be found on following pages. Please refer to the following section for an explanation of how these
numbers will be reflected in the City's financial statements.
As of
Actuarial Accrued Liability
Actuarial Value of Assets
Unfunded Actuarial Accrued Liability
For FYE
October 1, 2008 October 1, 2006 October 1, 2006
$ 373,130,546 $ 333,517,656 $ 333,517,656
373,130,546 333,517,656 333,517,656
9/30/2010 9/30/2009 9/30/2008
Annual Required Contribution 31,334,523 26,810,782 26,578,385
Per Covered Active Employee 31,779 27,870 27,628
As % of Expected Payroll 43.6% 44.8% 44.4%
Annual OPEB Cost 31,572,155 26,959,115 26,578,385
Employer Contribution Toward the OPEB Cost (7,613,473) (6,314,600) (4,910,046)
Addition to Net OPEB Obligation (N00) 23,958,682 20,644,515 21,668,339
Net OPEB Obligation (N00) 66,271,536 42,312,854 21,668,339
* The Employer Contribution and Net OPEB Obligation for the year ending 9/30/2010 are estimates. Refer to page F-3
above for an explanation of how to develop the Actual Employer Contribution.
ACCRUED LIABILITY AND ANNUAL OPEB COST
The Unfunded Actuarial Accrued Liability represents an actuarial measurement of the obligation that has
"accrued" so far, based on the promise that has been made to current retirees and to current employees. This
will be displayed in the Notes to Financial Statements and Required Supplementary Information within the
City's CAFR.
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The Annual OPEB Cost is the amount that is expensed for the year. Since the City's OPEB plan is currently
unfunded, the offset to that expense comes from actual subsidies paid on behalf of the current retirees and
their dependents for the current year. This offset is called the actual Employer Contribution and equals the
total actual claims and other costs incurred by the retirees and their dependents for the year (net of any stop -
loss reimbursements received and receivable with respect to those claims and net of the retiree's own premium
contribution payments for the year). Refer to the Appendix for a step-by-step formula for the development of
the actual Employer Contribution to use for offsetting against the Annual OPEB Cost. The figure for the
Employer Contribution and the Net OPEB Obligation in the table above are merely estimates.
The cumulative difference between the Annual OPEB Cost for the year and the Employer Contribution for the
year is called the Net OPEB Obligation. This is the amount of the expense charged for the year (per GASB
No. 45) which was not yet offset by Employer Contributions. The Net OPEB Obligation will be reflected as a
liability in the Statement of Net Assets of the City's annual financial statement. It flows right to the balance
sheet, and remains there and accumulates each year until fully paid off by future Employer Contributions.
CHANGES IN COSTS AND LIABILITIES
In most typical situations, the liability and expense amounts for ongoing unfunded plans tend to increase from
year to year if all the assumptions are met. Compared to the previous Valuation, the Unfunded Actuarial
Accrued Liability and the Annual OPEB Cost in this Valuation increased less than expected. Detailed
analysis of root causes of all changes in costs and liabilities is beyond the scope of this report. Below we list a
few primary drivers contributing to the changes. We did not measure the impact of each individual change
and the order does not have any particular significance:
Change in covered population: The number of retirees currently receiving post employment benefits
increased from 702 in the prior valuation to 771 in this valuation. This is in line with projected
number of retirees. At the same time, the number of active employees with medical coverage
increased from 962 to 986 while we typically do not assume any changes in active population. The
overall changes in the covered population had a modest increasing impact on the results of the
valuation.
Changes in cost of coverage: The average cost of coverage for the entire plan increased from $700
per subscriber per month (as expected for the year beginning 2/1/2006) to $805 for the year beginning
2/1/2008. This is lower than the projected cost of $867. This had a decreasing effect on the cost and
liability but is partially offset by the lag in premium increases. The combined effect of slower than
expected cost increases paired with even slower increases in retiree contributions is unclear without
more detailed analysis.
Changes in medical cost trends: We have revised the assumed trend of Medical/Rx cost increases.
First year trend was assumed in the prior Valuation to be 11.5% followed by 11% for the second year
and decreasing .5% each subsequent year to the ultimate value of 5%. We are revising trend for the
year beginning 2/1/2009 to be 9% (down from previously assumed 10.5%), followed by 9% for the
next year and followed by 8.5% for the year beginning 2/1/2011 with a .5% decrease in the trend rate
each successive year until reaching an ultimate annual trend rate of 5.0% per year. This had a
decreasing effect on the cost and liability. It is worth mentioning that we continue using the same 2%
trend rate applicable to the premium amounts as used previously. The recent premium contributions
increasing effective February 1, 2010 after four years of no increases is consistent with previously
assumed 2% annualized trend rate. This has no impact on the results of the valuation.
Changes in medical coverage elections: We revised and recommend certain assumption changes
pertaining to retiree coverage elections after reviewing recent data. We are now assuming that 90% of
RFQ NO 260247
Health Benefit Consulting Services & Actuarial Services EXHIBIT B
retiring employees will elect to continue coverage into retirement - this is an increase from 80%
assumed in the prior Valuation. We also changed the approach to modeling coverage lapsing. In the
prior Valuation, current and future retirees under the age of 65 were assumed to lapse the coverage at
a 20% rate while those age 65 and older as of the valuation date were assumed to continue their
coverage for the remainder of their lifetime. We are now assuming that retirees would be subject to
coverage lapsing every year upon attaining age 65 at the rate of 2% each year. The combined impact
of these two changes is difficult to assess without more detailed analysis.
Changes in demographic assumptions: We also revised and recommend certain demographic
assumption changes to reflect changes made by the actuaries for the Firefighters and Police Officers
(FIPO) Retirement Plan. In addition, we changed mortality rates from those employed by the pension
actuaries to reflect more current mortality tables and to reflect some improvement in longevity in the
years to come. Finally, we changed our modeling of retirement rates for employees in the DROP
program to be different from the model used for pension purposes. These changes had an increasing
effect on the cost and liability.
As can be seen from this summary of changes, there were offsetting factors at work to change the results from
the last full valuation to this one. The net effect was a modest increase in plan liabilities and the plan's
accounting expense.
CITY OF MIAMI CAFR
The figures, above, would be integrated into the City's government -wide financial statements. These figures
will need to be allocated across relevant proprietary funds and down to each function/program. Any
reasonable allocation method should be acceptable. Since a separate Valuation Report is prepared for OPEBs
for employees other than Police Officers, those results will need to be integrated and combined with these.
RFQ NO 260247
Health Benefit Consulting Services & Actuarial Services EXHIBIT B
SECTION B
SUMMARY OF ACTUARIAL VALUATION RESULTS
RFQ NO 260247
Health Benefit Consulting Services & Actuarial Services
EXHIBIT B
ACTUARIAL VALUATION RESULTS as of October 1, 2008 for Police Officers
TOE
Total Retirees'
Net Employer
Medical/Rx
Costs
Premiums
Life Insurance
Costs
Number of Participants Covered
Active Participants
986
986
986
986
Retired Participants
771
771
410
771
Total Participants
1,757
1,757
1,396
1,757
Expected Payroll of Active Participants
$ 71,788,414
$ 71,788,414
71,788,414
$ 71,788,414
Actuarial Present Value of Benefits
Active Participants
406,039,606
(42,057,746)
139,093
364,120,953
Retired Participants
259,902,418
(40,178,160)
1,255,047
220,979,305
Total Participants
665,942,024
(82,235,906)
1,394,140
585,100,258
Actuarial Accrued Liability
(Entry Age Normal Cost Actuarial Method)
Active Participants
173,068,595
(21,005,754)
88,400
152,151,241
Retired Participants
259,902,418
(40,178,160)
1,255,047
220,979.305
Total Participants
432,971,013
(61,183,914)
1,343,447
373,130,546
Actuarial Value of Assets
-
-
-
-
Unfunded Actuarial Accrued Liability (EANC)
432,971,013
(61,183,914)
1,343,447
373,130,546
Annual Required Contribution
of the Employer (ARC) for YE 9/30/10
(Entry Age Normal Cost Actuarial Method)
Normal Cost
17,902,130
(1,901,380)
4,419
16,005,169
28-Year Amortization of UAAL
16,305,493
(2,304,159)
50,593
14,051,927
Interest (to 9/30/10)
1,453,824
(178,735)
2,338
1,277,427
Annual Required Contribution for FYE 9/30/10
$ 35.661.447
$ (4.384,2741
$ 57350
$ 31,334.523
Per Active Participant
$ 36,168
$ (4,447)
$ 58
$ 31,779
As % of Expected Payroll
49.7%
(6.1%)
0.1 %
43.6%
Annual OPEB Cost for FYE 9/30/10
ARC
31,334,523
Interest on NOO
$1,798,296
Adjustment to ARC
($1,560,664)
Total Annual OPEB Cost for FYE 9/30/10
$ 31,572,155
Estimated *Net Employer Contr. for FYE 9/30/10
(for crediting against Annual OPEB Cost)
$ 10,663,554
$ (3,079,6601
$ 29,579
$ 7,613,473
Addition to Net OPEB Obligation at 9/30/10
$ 23.958,682
Net OPEB Obligation at 10/1/09
$ 42,312,854
Net OPEB Obligation at 9/30/10
$66.271536
* The Employer Contribution and Net OPEB Obligation for the year ending 6/30/2010 are estimates. Refer to page F-3
above for an explanation of how to develop the Actual Employer Contribution.
RFQ NO 260247
Health Benefit Consulting Services & Actuarial Services EXHIBIT B
TWENTY-YEAR PROJECTION OF UNFUNDED CASH FLOW
(FOR POLICE OFFICERS)
Premiums collected from employees and retirees account only for a fraction of the cost of the health care
benefits provided. The table and a graph below illustrate, based on a closed group projection, how the cost of
the benefits is distributed between the Employer and the retirees.
These projected benefits are solely for those among the current employees and retirees, without regard for
benefits that might become payable to those who have not yet been hired. Ignoring new hires for the purpose of
these projections is acceptable because those new hires are not likely to add much to the subsidies' cash flow
until after about 20 years anyway.
Year
Total Benefits
Expected
Retirees
Premiums
Expected
Net Employer
Subsidy
Expected
2010
$ 10,693,133
$ 3,079,660
$ 7,613,473
2015
17,398,549
3,667,334
13,731,216
2020
24,640,962
4,163,463
20,477,500
2025
32,011,755
4,522,885
27,488,870
2030
39,585,373
4,720,034
34,865,339
$45,000
$40,000
$35,000
$30,000
$25,000
$20,000
$15,000
S 10,000
$5,000
$-
Total Annual Cost of Retirees' Coverage (in Thousands)
2010 2015 2020 2025
❑NetEmployer Suhsidy Expected Retirees Premiums Expected
2030
RFQ NO 260247
Health Benefit Consulting Services & Actuarial Services EXHIBIT B
TEN-YEAR PROJECTION OF NET OPEB OBLIGATION
(FOR POLICE OFFICERS)
All results presented in this report assume no advance -funding of this OPEB Plan. It assumes the current
operation of the Plan continues without change. The graphics and table below illustrate how the Net OPEB
Obligation and the Annual OPEB Cost are expected to grow over the next 10 years assuming no advance -
funding (i.e., no change in operation). The projections below are made in a manner so as to simulate an open
group forecast. That is, they approximate what the forecast would produce if it included the effect of new hires
after the Valuation Date (October 1, 2008). This gives a more realistic picture of how the Net OPEB Obligation
will grow over time, without going through the added time and expense of a true open group forecast.
The Net OPEB Obligation will be presented as a liability in the Statement of Net Assets.
Year
Total Annual
OPEB Cost at
Fiscal Year End
Current Net
Employer Subsidy
Annual Net
OPEB Shortfall
Net OPEB
Obligation at Fiscal
Year End
2010
$ 31,572,155
$ 7,613,473
$ 23,958,682
$ 66,271,536
2011
33,138,344
8,818,605
24,319,739
90,591,275
2012
35,813,914
10,035,708
25,778,206
116,369,481
2013
37,418,829
11,293,681
26,125,148
142,494,629
2014
40,755,389
12,502,680
28,252,709
170,747,338
2015
42,380,275
13,731,216
28,649,059
199,396,397
2016
46,155,337
15,001,145
31,154,192
230,550,589
2017
47,744,272
16,193,739
31,550,533
262,101,122
2018
52,077,917
17,581,393
34,496,524
296,597,646
2019
53,537,651
18,987,979
34,549,672
331,147,318
2020
58,583,187
20,477,500
38,105,687
369,253,005
$400
$350
$300
$250
$200
$150
$100
$50
$-
Expected Net OPEB Obligation and Annual OPEB Cost
(in Millions)
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
LOPES Shortfall 1 INet Employer Cost awqrw•Net OPEB Obligation
RFQ NO 260247
Health Benefit Consulting Services & Actuarial Services EXHIBIT B
AGE/SERVICE DISTRIBUTION FOR PLAN PARTICIPANTS
Age
Years of Service to Valuation Date - Police Officers
0-5
6-9
10-14
15-19
20-24
25-29 130&Up
Total
0-14
-
-
-
-
-
- -
-
15-19
-
-
-
-
-
- -
-
20 - 24
45
-
-
-
-
- -
45
25 - 29
117
11
-
-
-
- -
128
30 - 34
73
30
34
-
-
- -
137
35 - 39
45
25
95
26
-
- -
191
40 - 44
17
17
53
75
24
- -
186
45 - 49
5
6
21
41
59
39 1
172
50 - 54
3
1
12
13
18
50 5
102
55 - 59
-
1
2
5
2
8 2
20
60-64
-
-
-
1
1
2 -
4
65 - 69
-
-
-
1
-
- -
1
70-74
-
-
-
-
-
- -
-
75 - 99
-
-
-
-
-
- -
-
Total
305
91
217
162
104
99 8
986
The shaded inner areas represent current eligibility for Early or Normal Retirement.
Current Retirees
Age Group
Male
Female
Total
0 - 39
1
5
6
40 - 44
9
6
15
45 - 49
90
19
109
50 - 54
110
21
131
55 - 59
137
17
154
60 - 64
118
18
136
65 - 69
56
10
66
70 - 74
40
10
50
75 - 79
40
11
51
80 - 84
25
13
38
85 - 89
8
4
12
90 -+
2
1
3
Total
636
135
771