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08/19/2021Thursday, August 19, 2021 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda August 19, 2021City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1) eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the meeting (August 18) will become part of the official record. The City Clerk will read received comments into the record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 August Service Awards 5. Approval of Minutes 5.1 Approve the minutes of the August 5, 2021 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda Page 2 City of Clearwater Printed on 8/17/2021 August 19, 2021City Council Meeting Agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Approve State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentive Certification for the closeout year 2018-2019 and interim years 2019-2020 and 2020-2021 and authorize the appropriate officials to execute same. (consent) 7.2 Approve to re-issue a contract for Employee Benefit Broker and Consulting Services from The Gehring Group for the period of January 1, 2022 through December 31, 2027 in the amount of $1,389,000 for services to cover the next 5 calendar years and authorize the appropriate officials to execute same. (consent) 7.3 Approve a Sublease Amendment between the City of Clearwater, the Greater Clearwater Chamber of Commerce, Inc. and the State of Florida, Bureau of Public Land Administration, Division of State Lands to extend the lease period from ten years to thirty years for use of the Florida Department of Transportation Building and property located at 3204 Gulf-to-Bay Boulevard for a visitor welcome center and trailhead facility and authorize the appropriate officials to execute same. (consent) 7.4 Approve a purchase order to TriCorps of Oklahoma City, OK for security services in an annual not-to-exceed amount of $172,000.00, including three, one-year renewal options, pursuant to Request for Proposal (RFP) 26-21, Security Services and authorize the appropriate officials to execute same. (consent) 7.5 Ratify and confirm the City Manager’s authorization to increase purchase order(s) to the City’s custodial vendor(s) for custodial services in an amount of $150,000.00 for a new cumulative annual not-to-exceed amount of $750,000.00 for the remainder of this term; authorize to increase purchase order(s) to the City’s custodial vendor(s) for custodial services in the amount of $180,000 for a new cumulative not-to-exceed amount of $780,000.00 for the final term August 1, 2021 through July 31, 2022, pursuant to Invitation to Bid (ITB) 24-18, Custodial Services. (consent) Page 3 City of Clearwater Printed on 8/17/2021 August 19, 2021City Council Meeting Agenda 7.6 Authorize purchase orders to Aqua Triangle 1 Corp d/b/a Triangle Pool Service of Largo, FL, Harcros Chemicals Inc of Tampa, FL and Leslie’s Poolmart Inc d/b/a Leslie’s swimming Pool Supplies of Phoenix, AZ to provide swimming pool chemicals for a cumulative annual not to exceed amount of $150,000 for the term of October 1, 2021 through September 30, 2022, with two one-year renewal options at the City’s discretion pursuant to Invitation to Bid (ITB) No. 36-21 - Swimming Pool Chemicals and authorize the appropriate officials to execute the same. (consent) 7.7 Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2021-2022 in the amount of $252,549.84 to underwrite the cost of additional Community Policing services by the Clearwater Police Department in the Downtown Gateway District, Prospect Lake District, and the Downtown Core District, encompassed by the CRA to address quality of life issues, drug dealing, prostitution, and homelessness and authorize the appropriate officials to execute same. (consent) 7.8 Approve acceptance of University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management (IPTM), High Visibility Education (HVE) and Enforcement Campaign for Pedestrian and Bicycle Safety Grant Award in the amount of $21,455.01 for police overtime and authorize the appropriate officials to execute same. (consent) 7.9 Approve Amendment No. 1 for the Fire Protection Services Agreement between Pinellas County and City of Clearwater to add reimbursement for Marine 49 and Engine 50 to the Clearwater Fire District and authorize the appropriate officials to execute same. (consent) 7.10 Authorize an increase to Purchase Order 21000897, InSource Software Solutions, Inc. of Richmond, VA, for additional SCADA licenses and associated software maintenance in a not-to-exceed amount of $115,138.38 for a two-year term, effective July 1, 2021 through June 30, 2023, and increase the authorization for existing licenses ($35,994.97 through 6/30/2022) by an estimated amount of $37,254.79 to allow for and extension of the support of existing licenses from July 1, 2022 through June 30, 2023 bringing the new cumulative total $188,388.14 between 6/1/2021 and 6/30/2023, pursuant to Clearwater Code of Ordinances 2.563(1)(a) Single Source, and authorize the appropriate officials to execute same. (consent) Page 4 City of Clearwater Printed on 8/17/2021 August 19, 2021City Council Meeting Agenda 7.11 Authorize a purchase order to Sprinklermatic Fire Protection Systems, Inc of Seminole, FL., for safety testing, inspection, certification, and repair services of the fire sprinkler systems, in the not-to-exceed amount of $275,000 from July 1, 2021 through December 6, 2023, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Contracts, and authorize the appropriate officials to execute same. (consent) 7.12 Authorize a purchase order to Precision Gate and Security of Venice, FL. for installation, maintenance, and repair of the City’s automated gate systems, in the not-to-exceed amount of $165,000.00 from May 1, 2021 through September 23, 2022, with two, one-year renewals in the annual amount of $100,000 pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Contracts and authorize the appropriate officials to execute same. (consent) 7.13 Authorize purchase orders to Iron Container of Miami, FL and Wastequip Manufacturing Company LLC of Statesville, NC to provide front load containers in a cumulative not to exceed amount of $250,000.00 for the term September 1, 2021 through August 31, 2022 with two one-year renewal options at the City’s discretion pursuant to Invitation to Bid (ITB) No. 32-21, Front Load Containers, and authorize the appropriate officials to execute same. (consent) 7.14 Reappoint Councilmember David Allbritton to the Forward Pinellas/Metropolitan Planning Organization (MPO)/Pinellas Planning Council (PPC), as the Clearwater representative, for a four-year term, beginning October 1, 2021 through September 30, 2025. (consent) 7.15 Reappoint Councilmember David Allbritton to the Pinellas Suncoast Transit Authority (PSTA), as the Clearwater representative, for a three-year term beginning October 1, 2021 through September 30, 2024. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition Page 5 City of Clearwater Printed on 8/17/2021 August 19, 2021City Council Meeting Agenda 8.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3036 Glen Oak Avenue N. and pass Ordinances 9478-21, 9479-21, and 9480-21 on first reading. (ANX2021-06009) 8.2 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1272 Sedeeva Circle North and pass Ordinances 9484-21, 9485-21, and 9486-21 on first reading. (ANX2021-06011) 9. City Manager Reports 9.1 Amend Clearwater Code of Ordinances, Sections 2.226 through 2.229, addressing statutorily mandated changes in Section 420.9076, Florida Statutes (2020), which sets forth the requirements for establishing a local Affordable Housing Advisory Committee and pass Ordinance 9438-21 on first reading. 9.2 Approve the closure, for an indefinite time, to unauthorized motorized vehicles, of certain portions of Cleveland Street, as described, generally, as the 400 and 500 blocks between Osceola and Garden Avenues with all north/south streets remaining open and adopt Resolution 21-31. 9.3 Amend Clearwater Code of Ordinances, Chapter 2, Article VI, Division 3, Purchasing by adding Section 2.561(1)(k) and new Subdivision V Public-Private Partnerships and pass Ordinance 9502-21 on first reading. 9.4 Approve addendum to employment agreement, appointing Micah Maxwell as the Interim City Manager, effective August 16, 2021. 10. City Attorney Reports 11. Closing comments by Councilmembers (limited to 3 minutes) 12. Closing Comments by Mayor 13. Adjourn Page 6 City of Clearwater Printed on 8/17/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9458 Agenda Date: 8/19/2021 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: August Service Awards SUMMARY: 5 Years of Service Ricardo Osorio Finance/Risk Keith Farrington General Services Kevin Nichols Gas Emmanuel Corujo Police Andrew Bassant General Services Hannah Eddy Gas 10 Years of Service Valerie Craig Finance/Procurement Jeffrey Gilliam Engineering/Stormwater Carlos Rosero Engineering/Stormwater Charles Lane Economic Development and Housing Jennifer Milano Library 15 Years of Service Larry Jones Marine & Aviation Phuong Vo Engineering Nicholas Tatem General Services Erick Peterson Parks & Recreation 20 Years of Service Tashadra Lankford Police Douglas Alvarez Parks & Recreation Page 1 City of Clearwater Printed on 8/17/2021 File Number: ID#21-9458 25 Years of Service Estrella Murphy Police Craig Murray Police David Wilson Parks & Recreation 30 Years of Service Peter Mavromatis Solid Waste 35 Years of Service William Dauber Utility Customer Service Page 2 City of Clearwater Printed on 8/17/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8637 Agenda Date: 8/19/2021 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the August 5, 2021 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/17/2021 City Council Meeting Minutes August 5, 2021 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, August 5, 2021 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes August 5, 2021 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: William B. Horne – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk – Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call – City Clerk, and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Hibbard The meeting was called to order at 6:00 p.m. 2. Invocation – Rev. Donna Oberkreser from Central Christian Church 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 Diversity Leadership Council Poster Contest 5. Approval of Minutes 5.1 Approve the minutes of the July 15, 2021 City Council Meeting as submitted in written summation by the City Clerk. Vice Mayor Hamilton moved to approve the minutes of the July 15, 2021 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Major Ted Morris said the COVID pandemic has threatened the stability Draft City Council Meeting Minutes August 5, 2021 Page 3 City of Clearwater of many families who are on the brink of potential homelessness. He said the Salvation Army provides rent and utility assistance to those in need and is willing to partner with the City in these endeavors. Adrian West expressed concerns with Clearwater citizens who are underrepresented and live in neighborhoods that need more city investments. Darrell Lakey expressed concerns regarding speeding boats on Stevenson Creek and requested consideration to designating the area between Ft. Harrison Avenue and Betty Lane a No Wake Zone and a Manatee Zone. The City Manager said the individual speeding is scheduled to go before the Code Enforcement Board due to existing violations on his property. The Police Department and the Marine & Aviation Director have spoken with the individual. He said even if a No Wake Zone is established, enforcement will be difficult. Staff is working towards a resolution. Patrick Raftery requested that the City recognize and honor Sarah Ann Painter, Florida's 2021 Teacher of the Year, and Bobby Finke, Olympic Gold Medalist at the 2020 Summer Olympics. He encouraged the City to implement electric and hybrid vehicles into its fleet when possible and engage manufacturers of EV charging stations to install the stations throughout the city at a reasonable price. It was stated that a sign for Mr. Finke will be erected on the Causeway soon, as it has been done for previous gold medalists. EV charging stations will be discussed during the Greenprint conversation. Adriana Rodriguez expressed concerns with vehicular speed on Highland Avenue and Keene Road and the inaccessibility of public restrooms in city parks. She questioned how the Hispanic community will be included in the City's 2045 Plan. 7. Consent Agenda – Approved as submitted less Item 7.2. 7.1 Appoint Micah Maxwell as the Interim City Manager and set interim salary at 20%. (consent) 7.2 Approve Juneteenth as a city recognized holiday. (consent) Draft City Council Meeting Minutes August 5, 2021 Page 4 City of Clearwater See below. 7.3 Authorize a purchase order to Keystone Excavators, Inc. of Oldsmar, FL for renovations of Belmont Park located at 1535 South Martin Luther King Jr. Avenue, for a guaranteed maximum price of $395,875.98 pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk (CMAR) Services Continuing Contracts; transfer $150,000.00 from CIP C2002 - Ed Wright Park Renovations to CIP M1915 - Belmont Park Renovations and authorize the appropriate officials to execute same. (consent) 7.4 Approve a Sovereignty Submerged Lands Lease Renewal Agreement No. 520010893 between the City of Clearwater and Board of Trustees of the Internal Improvement Trust Fund of the State of Florida from April 1, 2021 through April 1, 2026 for the use of submerged land for Pier 60 and authorize the appropriate officials to execute same. (consent) 7.5 Authorize a purchase order to Himes Electric Company, Inc. of Lutz, Florida, for the renovations of the lighting system on the northeast (NE) multipurpose field at Countryside Sports Complex, in an amount not exceed $327,093.80 pursuant to Invitation to Bid (ITB) 21-0006-PR, Countryside Sports Complex Field Lighting - Phase II, and authorize the appropriate officials to execute same. (consent) 7.6 Approve an amendment to the sponsorship agreement between ESPN Productions, Inc. (EPI) and the City of Clearwater to host the third year of the agreement in February 2022 rather than 2021 and authorize the appropriate officials to execute same. (consent) 7.7 Approve the amended and restated Interlocal Agreement between the City of Clearwater and the Tampa Bay Estuary Program (TBEP) and authorize the appropriate officials to execute same. (consent) 7.8 Approve the conveyance of a 20-foot x 30-foot utility easement to Florida Gas Transmission Company, LLC, for the purpose of constructing and maintaining above ground and subsurface natural gas pipelines, valves and appurtenances at 3055 N McMullen Booth Road and authorize the appropriate officials to execute same. (consent) 7.9 Approve Parking Consultant of Record (PCOR) Professional Services Agreements, as listed, to provide continuing professional parking consultant services for a four-year term pursuant to Request for Qualifications (RFQ) 37-21 and authorize the appropriate officials to execute same. (consent) 7.10 Authorize the purchase of vehicles (heavy and light duty) and equipment as approved in the 21/22 Fiscal Year Budget for a not-to-exceed amount of $6,100,850.00, per the recommended contracts in accordance with Clearwater Code of Ordinances Section 2.563 (1)(c) Other Government Entities; authorize lease purchase under the City’s Master Draft City Council Meeting Minutes August 5, 2021 Page 5 City of Clearwater Lease Purchase Agreement, or internal financing via an inter fund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; declare surplus and authorize to transfer to city departments, for disposal at auction, or trade-in vehicles and equipment being replaced in accordance with Clearwater Code of Ordinances Section 2.623; and authorize the appropriate officials to execute same. (consent) 7.11 Authorize a purchase order with WEX Bank of Portland, ME in an amount not-to-exceed $320,000.00 for fleet fuel card services for the term of October 1, 2021 through December 31, 2025 with a two-year optional extension in the amount of $150,000.00 in accordance with City Code of Ordinances, Section 2.563 (1)(c) Piggyback or cooperative purchasing and authorize the appropriate officials to execute same. (consent) 7.12 Authorize purchase orders to multiple vendors as listed, for the purchase of Heating, Ventilation and Air Conditioning (HVAC) replacement and repair parts, in the cumulative annual not-to-exceed amount of $700,000.00 for Fiscal Year 21/22, pursuant to City Code of Ordinances Sections 2.561(5)(a) Small purchases, 2.563 (1)(b) Micro purchases and 2.563(1)(c) Piggyback or cooperative purchasing, and authorize the appropriate officials to execute same. (consent) 7.13 Approve an Interlocal Agreement with Pinellas County, the City of St. Petersburg, and the City of Pinellas Park for the distribution of settlement funds from opioid litigation and authorize the appropriate officials to execute same. (consent) Councilmember Allbritton moved to approve the Consent Agenda as submitted, less Item 7.2, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.2 Approve Juneteenth as a city recognized holiday. (consent) Juneteenth is a celebration honoring the end of slavery in the United States, the holiday represents the true emancipation of freedom that honors the American value of freedom for all. On June 17, 2021, Juneteenth was officially made a federal holiday. The City of Clearwater has had Diversity, Equity, and Inclusion as a core value for decades and staff will continue to make significant and intentional progress toward a more inclusive and equitable workforce for all employees. As such, staff is recommending beginning in June 2022, the City of Clearwater formally acknowledge Juneteenth as an official annual City of Clearwater holiday. Staff invites the community at large to embrace it alongside all of us. Draft City Council Meeting Minutes August 5, 2021 Page 6 City of Clearwater The City of Clearwater currently provides for 10 paid holidays and three floating holidays for CWA and SAMP employees, (FOP and IAFF union employees receive 9 paid holidays and four floating holidays). The City’s comparable municipalities are all currently in discussion regarding adding Juneteenth as a holiday, with one, the City of St. Petersburg having approved it recently. Any change to the holiday schedule will need to be negotiated with each of the bargaining units. APPROPRIATION CODE AND AMOUNT: Staff has reviewed the cost of providing a paid holiday to all permanent employees based on current salaries and typical holiday hours worked. The Juneteenth holiday is expected to add approximately $154,000 in compensation and $22,000 in related benefits, for a total of $176,000. Of this amount, approximately $133,000 would be paid from the general fund. Within the typical salary and benefit costs, approximately $318,000 is expected to be paid as holiday leave in lieu of hours worked. Future budgets will include the cost of the Juneteenth holiday. In response to questions, Human Resources Manager Sherman Stroman said staff has been discussing plans to make Juneteenth a day that all in the community can participate. Staff wants to plan activities that will illustrate the meaning of freedom. One individual questioned if Juneteenth would be paid holiday. It was stated that the day would be a paid holiday. Councilmember Beckman moved to approve Juneteenth as a city recognized holiday. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 9463-21 on second reading, annexing certain real properties whose post office addresses are 1800 Diane Drive and 1732 Evans Drive, all within Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Draft City Council Meeting Minutes August 5, 2021 Page 7 City of Clearwater Ordinance 9463-21 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9463-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.2 Adopt Ordinance 9464-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real properties whose post office addresses are 1800 Diane Drive and 1732 Evans Drive, all within Clearwater, Florida 33759, upon annexation into the City of Clearwater as Residential Low (RL) and Water/Drainage feature overlay. Ordinance 9464-21 was presented and read by title only. Vice Mayor Hamilton moved to adopt Ordinance 9464-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.3 Adopt Ordinance 9465-21 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1800 Diane Drive and 1732 Evans Drive, all within Clearwater, Florida 33759, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). Ordinance 9465-21 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9465-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.4 Adopt Ordinance 9466-21 on second reading, annexing certain real property whose post office address is 2248 NE Coachman Road, Clearwater, Florida 33765, together with certain NE Coachman Road (SR 590) right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9466-21 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9466-21 on second and final reading. The motion was duly seconded and upon Draft City Council Meeting Minutes August 5, 2021 Page 8 City of Clearwater roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.5 Adopt Ordinance 9467-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 2248 NE Coachman Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 9467-21 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9467-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.6 Adopt Ordinance 9468-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2248 NE Coachman Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9468-21 was presented and read by title only. Vice Mayor Hamilton moved to adopt Ordinance 9468-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.7 Adopt Ordinance 9437-21 on second reading, amending Ordinance 7515-05 as amended by Ordinance 7564-05, which established the Clearwater Cay Community Development District, by contracting boundaries of the district; describing the boundaries of the area removed from the district and describing the external boundaries of the contracted district; providing that the city may not and shall not modify or delete any provision of the district Charter set forth in Sections 190.006-190.049, Florida Statutes. Ordinance 9437-21 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9437-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Draft City Council Meeting Minutes August 5, 2021 Page 9 City of Clearwater Councilmember Bunker and Councilmember Beckman 8.8 Adopt Ordinance 9472-21 on second reading, annexing certain real property whose post office address is 3467 Sweetwater Trail, Clearwater, Florida 33761, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9472-21 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9472-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.9 Adopt Ordinance 9473-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address 3467 Sweetwater Trail, Clearwater, Florida 33761, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 9473-21 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9473-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.10 Adopt Ordinance 9474-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3467 Sweetwater Trail, Clearwater, Florida 33761, upon annexation into the City of Clearwater, as Low Density Residential (LDR). Ordinance 9474-21 was presented and read by title only. Vice Mayor Hamilton moved to adopt Ordinance 9474-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.11 Adopt Ordinance 9477-21 on second reading, vacating a 15-foot wide platted alley Draft City Council Meeting Minutes August 5, 2021 Page 10 City of Clearwater described as that 15-foot alley lying Easterly and adjacent to Lots 1, 2, 3, 4 and 5 in Block “B” and Westerly of Lot 9 in Block “B” of a replat of Lots 1, 2, 3, 4 Block 86 and Lots 1 to 8, inclusive, Block 85 of Mandalay Unit No. 5 as recorded in Plat Book 20, Page 27; and Blocks 85A and 86A of a replat of Lots 1 to 8 inclusive, Block 83, Lots 11 to 20 inclusive, Block 84, Lots 9 to 16 inclusive, Block 85, lots 5, 6, 7, Block 86, and all of Blocks 76 to 82, inclusive, and 87 of Unit No. 5, Mandalay, as recorded in Plat Book 20, Page 48, which replat is recorded in Plat Book 21, Page 13, Public Records of Pinellas County, Florida. Ordinance 9477-21 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9477-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.12 Continue to a date uncertain: Adopt Ordinance 9469-21 on second reading, annexing certain real property whose post office address is 1223 N. Hercules Avenue #A, Clearwater, Florida 33765, together with certain N. Hercules Avenue right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Councilmember Beckman moved to continue Item 8.12 to a date uncertain. The motion was duly seconded and carried unanimously. Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.13 Continue to a date uncertain: Adopt Ordinance 9470-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1223 N. Hercules Avenue #A, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial Limited (IL). Councilmember Bunker moved to continue Item 8.13 to a date uncertain. The motion was duly seconded and carried unanimously. Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.14 Continue to a date uncertain: Adopt Ordinance 9471-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1223 N. Hercules Avenue #A, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial, Research & Technology (IRT). Draft City Council Meeting Minutes August 5, 2021 Page 11 City of Clearwater Vice Mayor Hamilton moved to continue Item 8.14 to a date uncertain. The motion was duly seconded and carried unanimously. Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9. City Manager Reports 9.1 Approve Clearwater Greenprint 2.0 and adopt Resolution 21-29. In 2011, Clearwater Greenprint was adopted through the help of many residents, businesses, and city staff members. Clearwater Greenprint creates a vision to make the city of Clearwater a vibrant community for current residents and future generations. In 2021, Clearwater Greenprint 2.0 was drafted to provide an update on the city’s progress and advance its sustainability goals. Clearwater Greenprint 2.0 is divided into the following ten sections: 1) Introduction 2) Education and Awareness 3) Green Energy and Buildings 4) Transportation 5) Livability 6) Water Conservation 7) Waste Reduction 8) Local Food 9) Green Economy 10) Appendix Each of these 10 sections include strategies that will improve Clearwater’s environment, economy, resilience, and public health while reducing the city’s greenhouse gas emissions. Clearwater Greenprint 2.0 recommends the overarching goals of a 25% reduction in greenhouse gas emissions from 2007 levels by 2035 and an 80% reduction in greenhouse gas emissions from 2007 levels by 2050. Sustainability Coordinator Sheridan Boyle provided a PowerPoint presentation. One individual spoke in support and expressed concern with natural gas being a component of the Plan as it is a major source of greenhouse gas. Seven individuals spoke in support. One individual spoke in support and expressed a concern regarding the Draft City Council Meeting Minutes August 5, 2021 Page 12 City of Clearwater costs associated with maintaining a recycling program. Two emails supporting Item 9.1 were read into the record by the City Clerk (see pages 23 and 24). One eComment supporting Item 9.1 was read into the record by the City Clerk (see page 22). In response to questions, Ms. Boyle said it took two years to complete the Greenhouse inventory. Discussion ensued with comments supporting Greenprint 2.0. It was stated that changes to Greenprint can be implemented as technology improves. Councilmember Beckman moved to amend Greenprint 2.0 to include slightly more aggressive goals (reduce city building electricity related emissions to 50% below 2007 levels by 2030 and reduce city building electricity related emissions to 100% below 2007 levels by 2035). The motion was duly seconded and failed with the following vote: Ayes: 2 - Councilmember Bunker and Councilmember Beckman Nays: 3 - Mayor Hibbard, Vice Mayor Hamilton and Councilmember Allbritton A comment was made that the City's goals can be more aggressive as the City will not be penalized if the goals are not met. Councilmember Allbritton moved to approve Clearwater Greenprint 2.0. The motion was duly seconded and carried unanimously. Resolution 21-29 was presented and read by title only. Councilmember Beckman moved to adopt Resolution 21-29. The motion was duly seconded and carried with the following vote: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.2 Provide direction to determine if the City will exercise its right of first refusal (ROFR) to purchase non-city owned condominium units described as PUG, PUA, PUC and RUB of that certain commercial condominium commonly identified as North Beach Plaza Condominium located at 490 Poinsettia Avenue, Clearwater, Florida (collectively, the Draft City Council Meeting Minutes August 5, 2021 Page 13 City of Clearwater Property). In accordance with Section 6.01 of that certain First Amended and Restated Agreement for the Development of Property entered into by and between the City and PV-Pelican Walk on September 1, 2015 (Agreement), the City has the right to match the $20,500,000.00 offer PV-Pelican has received from a third party to purchase the Property in the North Beach Plaza Condominium. On June 22, 2021, the City received notice that PV-Pelican Walk, LLC, owner of the non-City owned North Beach Plaza condominium units, received a bona-fide offer to purchase the Property, and that the City may exercise its right of first refusal to purchase the Property under the Agreement by matching the purchase price, the deposit, and all other terms and conditions of the proposed sale. The City has 45 days from receipt of the Notice in which to exercise its right of first refusal by providing written notice to PV-Pelican Walk, LLC., along with the required deposit. The 45-day period ends on August 6, 2021. The closing would then be within 30 days thereafter. If the City does not send written notice of its option to exercise the ROFR, by August 6, 2021, the City’s right of first refusal will be waived and the sale to the perspective Purchaser will procced accordingly. Right of First Refusal - key terms of the offer that must be matched: 1. Initial deposit of $250,000.00 2. Additional deposit (on or before the expiration of the Due Diligence Period) of $100,000.00 Vice Mayor Hamilton moved to pass right of first refusal. The motion was duly seconded and carried unanimously. 9.3 Accept a Sidewalk Easement from Giant Oil, Inc. for the repair, maintenance, and replacement of a sidewalk on real property located at 3009 Gulf to Bay Boulevard and adopt Resolution 21-27. The Sidewalk Easement will allow the City rights for repair, maintenance, and replacement of a sidewalk as the site is developed for commercial use. The City Engineering Department recommends acceptance of the easement. In response to a question, Engineering Director Tara Kivett said there was a request to install a traffic signal at S. Bayview Drive but staff will confirm the results of the study. The Florida Department of Transportation will determine if the traffic signal can be installed. Draft City Council Meeting Minutes August 5, 2021 Page 14 City of Clearwater Councilmember Allbritton moved to accept a Sidewalk Easement from Giant Oil, Inc. for the repair, maintenance, and replacement of a sidewalk on real property located at 3009 Gulf to Bay Boulevard. The motion was duly seconded and carried unanimously. Resolution 21-27 was presented and read by title only. Councilmember Beckman moved to adopt Resolution 21-27. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.4 Authorize a Community Aesthetic Features Agreement between the City of Clearwater and the Florida Department of Transportation for a local identification marker (city logo) on a new pedestrian overpass at Harn Boulevard and US 19 and authorize the appropriate officials to execute same; repeal Resolution 19-11 and adopt Resolution 21-25. As Clearwater redevelops and grows, opportunities arise to increase public recognition and community pride in the city. Branding and wayfinding enhancements to transportation facilities and infrastructure are important components of these goals and also serve to guide customers and visitors to their destinations. As a southern gateway into the city, the pedestrian overpass of US 19 at Harn Boulevard to be constructed by the Florida Department of Transportation (FDOT) offers this type of opportunity. In 2016, the City contracted with MERJE, a nationally recognized firm with extensive community wayfinding experience, to develop a wayfinding and signage master plan for the US 19 Corridor which was presented to City Council in October 2016. The US 19 Corridor Wayfinding & Signage Plan identified two primary city gateways on US 19 and included the installation of City Gateway signage on two pedestrian bridges - Duke Energy Bridge and a proposed bridge north of Harn Boulevard - as priority projects. FDOT requires the City to enter into a Community Aesthetic Feature Agreement (CAFA) that provides for the design, installation and maintenance of the Sign. City Council passed and adopted Resolution 19-11 approving a CAFA for this signage. However, during their review process, FDOT requested minor modifications to the CAFA, including the addition of certain notations to the design intent drawings produced by MERJE, which have now been addressed. Proposed Resolution 21-25 repeals and replaces Draft City Council Meeting Minutes August 5, 2021 Page 15 City of Clearwater Resolution 19-11 and authorizes the updated CAFA. As shown in the CAFA, the sign will feature the city logo with the tag line “Bright and Beautiful, Bay to Beach” underneath, and will be illuminated. Additionally, the bridge will utilize the same blue color that was used at the US 19 overpass at SR 60/Gulf-to-Bay. The agreement provides FDOT with the design, evidence that the City will be responsible for maintaining the sign, and establishes a deposit of $15,000 that the City will pay to return the bridge to its originally designed condition if the sign needs to be removed. By adopting Resolution 21-25, City Council is approving the Community Aesthetic Features Agreement (Exhibit A) and the information contained within. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 315-92842, City Wayfinding, to fund this agreement. USE OF RESERVE FUNDS: Councilmember Bunker moved to authorize a Community Aesthetic Features Agreement between the City of Clearwater and the Florida Department of Transportation for a local identification marker (city logo) on a new pedestrian overpass at Harn Boulevard and US 19 and authorize the appropriate officials to execute same; repeal Resolution 19-11. The motion was duly seconded and carried unanimously. Resolution 21-25 was presented and read by title only. Vice Mayor Hamilton moved to adopt Resolution 21-25. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.5 Appoint one member to the Municipal Code Enforcement Board to fill the remainder of an unexpired term through October 31, 2022. APPOINTMENT WORKSHEET BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Appointments shall be made on the basis of Draft City Council Meeting Minutes August 5, 2021 Page 16 City of Clearwater experience or interest in the subject matter jurisdiction of the code enforcement board and wherever possible shall include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. MEMBERS: 7 VICE-CHAIRPERSON: Kerry Fuller MEETING DATES: 4th Wed., 1:30 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS RECENTLY RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Michael Mannino - 1212 Sedeeva Circle S., 33755 - Business, Finance, Real Estate Original Appointment: 1/18/18 (was serving 1st term to expire 10/31/22) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Steven Voras - 1101 Stevenson Ave., 33755 - Engineer 2. Michael Wixted - 1200 Gulf Blvd., #1904, 33767 - Retired Special Agent Zip codes of current members: 2 at 33755; 1 at 33756; 1 at 33764; 2 at 33767 Current Categories: 1 Business Owner 1 Civil Engineer 1 Production/Tour Manager 1 Real Estate Consultant 1 Real Estate Investor 1 RN, Artist, Business Owner Vice Mayor Hamilton moved to appoint Steven Voras to the Municipal Code Enforcement Board to fill the remainder of an unexpired term through October 31, 2022. The motion was duly seconded and carried unanimously. One Pager Public Communications Director Joelle Castelli said Council provided direction at the work session to create a monthly newsletter of current city events. She provided copies of the proposed one pager that includes QR codes that direct individuals to the city website for more detailed information. Draft City Council Meeting Minutes August 5, 2021 Page 17 City of Clearwater A poster version of the page will be placed in the back of Council Chambers. It was suggested that references for Clearwater Connect and advisory boards be included. COVID - Delta Variant The City Manager said the Delta variant has challenged the whole community. Since March of last year, there have been 302 city employees affected by COVID; today there are 26 city employees not working due to COVID. Staff is questioning if the organization should reconsider the number of public meetings and public engagement activities, such as the strategic plan. He said public meetings offer an opportunity to spread the virus, but the public meetings are voluntary. In response to questions, the City Attorney said staff will get further guidance regarding if the City can mandate mask wearing in city buildings. The Governor has issued an order that does not allow municipalities to issue mask mandates. The City may regulate city employees but not the public entering city buildings. Public Communications Director Joelle Castelli said staff is considering delaying Citizens Academy for a year, using a virtual platform for the city manager candidate public engagement meetings and strategic planning sessions. Staff is suggesting holding meetings that can be socially distanced. Human Resources Director Jennifer Poirrier said the original plan for the city manager candidate public engagement sessions was for each candidate to provide an introductory statement and then work the room. Given the environment, staff can pivot to another format based on the availability of a facility or online platform. Discussion ensued with comments made that public engagement activities be scaled back due to the surge of the Delta variant. There was consensus to scale back the public engagement meetings. Staff was directed to research the possibility of a virtual platform for the city manager candidate public engagement sessions. CPD Staffing Challenge Police Chief Daniel Slaughter said 89 of the affected employees are police employees. Like most organizations, the Department has experienced a spike; currently there are 12 employees who have tested COVID positive Draft City Council Meeting Minutes August 5, 2021 Page 18 City of Clearwater and 7 other employees who are quarantined due to COVID. The workforce is stressed due to recent turnover, as well as 22 positions gaps that are not deployable at this time. Chief Slaughter said the Department is currently down by 46 employees. A minimum staffing plan has been established in order to fulfill the Department's obligations with public safety response, which includes consolidating two community problem response teams and using overtime to fill in the gaps. This is not a problem unique to Clearwater; many law enforcement agencies in the area are experiencing the same challenges. Clearwater Fire Rescue Staffing Challenge Fire Chief Scott Ehlers said currently there are 8 employees out with COVID. The biggest impact has been on the transport unit; Pinellas County does not have enough SunStar units to transport patients. He said those fire departments that still have ALS transport vehicles, such as Clearwater, the fire department will do the transport. He said from January 1, 2020 through January 1, 2021, the Clearwater Fire Department conducted 21 transports. Year to date, the Department has conducted 167 transports, of which 130 were conducted in the last 1.5 months. Chief Ehlers said two medic units have been put in service to assist with efficiencies. Clearwater is the last department in north county with ALS capable units. Sunstar is doing everything they can to maintain their units in service. He said the issue is at the hospital; the bed delays are impacting the ALS and medic units ability to get back into service. 10. City Attorney Reports – none. 11. Other Council Action 11.1 Ocean Allies/Amplify Clearwater Anti Litter Campaign Poster - Councilmember Beckman Councilmember Beckman requested the City display the anti-litter campaign posters developed in partnership by Ocean Allies and Amplify Clearwater. Ocean Allies Founder Sherri Heilman said the posters are phenomenal and would send a great message to the city if it were placed on the side of a solid waste truck or recycle bins. In response to a question, Ms. Heilman said an intern with Amplify created Draft City Council Meeting Minutes August 5, 2021 Page 19 City of Clearwater the posters. The City Attorney expressed a concern regarding how the posters would be interpreted in the sign code. She said she did not recall the City advertising other entities on city vehicles, and she requested time to research the issue. A suggestion was made that the words Amplify and Ocean Allies could be removed from posters. Discussion ensued with comments made that Legal needs to come back with an opinion on the posters being displayed by the City. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Bunker encouraged all to get the COVID vaccine and shared stories of those infected who wished they had been vaccinated. Councilmember Beckman said she is happy that Greenprint 2.0 was approved and that Public Communications created a one-pager information sheet for citizens to be more informed. She thanked staff for their work and thanked residents who submitted photos and came to speak in support of Greenprint. She said lots of good things are happening. Councilmember Allbritton said he is happy about the anti-litter messages and campaign. Litter effects the whole city. He said it does not take much to keep our city beautiful. He encouraged all to get a PSTA Flamingo card and ride the bus for free in the month of August. He said transit reduction is a Greenprint goal. Vice Mayor Hamilton said school starts next week and to pay attention and be prepared to stop for school busses. 13. Closing Comments by Mayor The Mayor said Council has been receiving emails regarding mandating vaccines and said Clearwater will never mandate vaccines. He congratulated former Countryside High School student Bobby Finke on his Olympic Gold Medals and he looks forward to celebrating his victory. He congratulated Sarah Painter from Eisenhower Elementary School for being named the 2022 Florida Department of Education Teacher of the Year. He reviewed recent and upcoming events. Draft City Council Meeting Minutes August 5, 2021 Page 20 City of Clearwater 14. Adjourn The meeting adjourned at 8:23 p.m. Mayor City of Clearwater Attest City Clerk Draft 21 22 23 24 25 INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: City: Zip. Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: ye. What is your position on the item? For Against GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: ) 2/ Address: o (t/iffae.Oi. t J City: Zip: 3 31)1-5' Telephone Number: 701.q625 iY' Email Address: 5`1t' I CA +cz l() s1 c S (esti JiA C Col Agenda item to which you wish to speak: 1/1,M.)Adi What is your position on the item? For Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH Name: CxV ttK S\tx.yI):61 MO, rs t‘4.LAddress: City: L_i,.l zip:33?o Telephone Number: D-1-78 L -)U) 0 Email Address: V'c r r ckr LLt\ 0 ' fixC3, . CILph7 Speaking under citizens o be heard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9542 Agenda Date: 8/19/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentive Certification for the closeout year 2018-2019 and interim years 2019-2020 and 2020-2021 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Legislature enacted the William E. Sadowski Affordable Housing Act (Act) in 1992. The Act created a dedicated revenue source for state and local housing trust funds including the State Housing Initiatives Partnership (SHIP) Program. Through the SHIP Program, the Economic Development and Housing Department has provided funding for the following housing activities: Downpayment and closing costs assistance of new and existing structures; the construction of new single- and multi-family housing units; the rehabilitation of owner-occupied single-family dwellings; and the rehabilitation of rental properties. All local governments receiving SHIP funds must submit their annual report to the Florida Housing Finance Corporation by September 15 of each year. The annual report provides details of expended and encumbered funds. The report also provides information on the strategies funded, the number of households served, and income category, age, family size, race and other data regarding special needs populations such as homeless persons, persons with disabilities and the elderly. The report is submitted electronically to the State of Florida. For closeout year 2018-2019, the City received $156,785 from the state annual distribution, $963,670 in program income and related interest, and carryover of a negative balance of $28,980 from previous year funds. The department assisted twenty-six families utilizing its approved strategies. The department also used these SHIP funds and SHIP program income to match other program funds to support additional housing activities. SHIP funding has a positive impact on the City’s economy, as evidenced by activities in closeout year 2018-2019, where the City expended $984,950 on SHIP strategies in SHIP dollars to leverage over $1.1 million in other funds. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/17/2021 SHIP Annual Report Clearwater FY 2018/2019 Closeout Report Status:UnsubmittedTitle: Form 1 Code Strategy Expended Amount Units Encumbered Amount Units Unencumbered Amount Units 1 Purchase Assistance w Rehab $62,280.00 3 2 Purchase Assistance w / o Rehab $60,600.00 3 3 Owner Occupied Rehab $476,106.81 12 10 New Construction $287,699.14 2 Homeownership Totals:$886,685.95 20 Homeownership SHIP Distribution Summary Code Strategy Expended Amount Units Encumbered Amount Units Unencumbered Amount Units 13 Rent Mortgage Utility Assistance $8,264.74 4 14 Multi-family $90,000.00 2 Rental Totals:$98,264.74 6 Rentals Subtotals:$984,950.69 26 Additional Use of Funds Use Expended Administrative $15,678.50 Homeownership Counseling Admin From Program Income $92,592.69 Admin From Disaster Funds Totals:$1,093,221.88 $.00 $.0026 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund 1Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Description Eff.1 Bed 2 Bed 3 Bed 4 Bed ELI 351 387 533 699 864 VLI 586 628 753 870 971 LOW 936 1,003 1,203 1,391 1,552 MOD 1,407 1,507 1,809 2,088 2,331 Up to 140%1,641 1,758 2,110 2,436 2,719 Rental Unit Information Recap of Funding Sources for Units Produced ("Leveraging") Source of Funds Produced through June 30th for Units Amount of Funds Expended to Date % of Total Value SHIP Funds Expended $984,950.69 47.19% Public Moneys Expended $203,913.47 9.77% Private Funds Expended $870,749.00 41.72% Owner Contribution $27,423.30 1.31% Total Value of All Units $2,087,036.46 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab Compliance Category SHIP Funds Trust Funds Homeownership $886,685.95 $127,804.64 Construction / Rehabilitation $916,085.95 $127,804.64 % of Trust Fund FL Statute Minimum % 693.78%65% 716.79%75% Program Compliance - Income Set-Asides Form 2 * Carry Forward to Next Year:-$1,747.01 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Source of Funds Amount State Annual Distribution $156,785.00 Program Income (Interest)$5,798.15 Program Income (Payments)$957,872.08 Recaptured Funds $.00 Disaster Funds Other Funds Carryover funds from previous year -$28,980.36 Total:$1,091,474.87 2Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Strategy List Unincorporated and Each Municipality ELI VLI Low Mod Over 140%Total Purchase Assistance w / o Rehab Clearwater 3 3 Purchase Assistance w Rehab Clearwater 3 3 Multi-family Clearwater 2 2 Owner Occupied Rehab Clearwater 2 4 4 2 12 New Construction Clearwater 2 2 Rent Mortgage Utility Assistance Clearwater 4 4 Totals:4 4 16 2 26 Number of Households/Units Produced Description List Unincorporated and Each Municipality 0 - 25 26 - 40 41 - 61 62+Total Purchase Assistance w / o Rehab Clearwater 1 1 1 3 Characteristics/Age (Head of Household) Form 3 Project Funding for Expended Funds Only Income Category SHIP Funds Expended Total Available Funds % * Extremely Low $174,484.80 15.99% Very Low $159,569.41 14.62% Low $567,578.73 52.00% Moderate $83,317.75 7.63% Over 120%-140%.00% Totals:$984,950.69 90.24% Income Category Total Funds Mortgages, Loans & DPL's Mortgages, Loans & DPL Unit #s Total Funds SHIP Grants SHIP Grant Unit #s Total SHIP Funds Expended Total # Units Extremely Low $174,484.80 4 0 $174,484.80 4 Very Low $159,569.41 4 0 $159,569.41 4 Low $559,313.99 12 $8,264.74 4 $567,578.73 16 Moderate $83,317.75 2 0 $83,317.75 2 Over 120%-140%0 0 $.00 0 Totals:$976,685.95 22 $8,264.74 4 $984,950.69 26 3Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Purchase Assistance w Rehab Clearwater 2 1 3 Multi-family Clearwater 2 2 Owner Occupied Rehab Clearwater 5 7 12 New Construction Clearwater 1 1 2 Rent Mortgage Utility Assistance Clearwater 2 2 4 Totals:1 6 10 9 26 Description List Unincorporated and Each Municipality 1 Person 2- 4 People 5 + People Total Purchase Assistance w / o Rehab Clearwater 2 1 3 Purchase Assistance w Rehab Clearwater 1 2 3 Multi-family Clearwater 2 2 Owner Occupied Rehab Clearwater 9 3 12 New Construction Clearwater 2 2 Rent Mortgage Utility Assistance Clearwater 2 2 4 Totals:14 11 1 26 Family Size Description List Unincorporated and Each Municipality White Black Hisp- anic Asian Amer- Indian Other Total Purchase Assistance w / o Rehab Clearwater 2 1 3 Purchase Assistance w Rehab Clearwater 2 1 3 Multi-family Clearwater 1 1 2 Owner Occupied Rehab Clearwater 4 7 1 12 New Construction Clearwater 1 1 2 Rent Mortgage Utility Assistance Clearwater 1 3 4 Totals:8 13 4 1 26 Race (Head of Household) Description List Unincorporated and Each Municipality Farm Worker Home- less Elderly Total Purchase Assistance w / o Rehab Clearwater 0 Demographics (Any Member of Household) 4Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Status of Incentive Strategies Support Services The City of Clearwater partners with organizations that provide support services in many areas. The available services include, but are not limited to, the following: Homeless Emergency Project provides emergency shelter and critical support services for individuals and families experiencing homelessness in the City of Clearwater. WestCare GulfCoast-Florida, Inc. is A Turning Point (ATP) facility. This facility provides emergency shelter services for homeless adults with substance abuse problems, some of whom also have co-occurring mental health problems. This shelter is the only facility in Pinellas County that accepts inebriated adults directly from the streets, providing an alternative to incarceration or hospitalization. Overall, the shelter is designed to provide temporary emergency shelter and cold night shelter services for individuals who have not yet begun their journey into recovery from alcohol and/or drug abuse. Incentive Description (If Other)Category Status Year Adopted (or N/A) Expedited permitting AHAC Review Implemented, in LHAP 2020 Ongoing review process AHAC Review Implemented, in LHAP 2020 Flexible densities AHAC Review Implemented, in LHAP 2020 Reduction of parking and setbacks AHAC Review Implemented, in LHAP 2020 Allowance of flexible lot sizes AHAC Review Implemented, in LHAP 2020 Support of development near transportation/employment hubs AHAC Review Implemented, in LHAP 2020 Printed inventory of public owned lands AHAC Review Implemented, in LHAP 2019 Form 4 Purchase Assistance w Rehab Clearwater 0 Multi-family Clearwater 2 2 Owner Occupied Rehab Clearwater 7 7 New Construction Clearwater 0 Rent Mortgage Utility Assistance Clearwater 0 Totals:9 9 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Description Special Target Group Expended Funds Total # of Expended Units 5Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Tampa Bay Community Development Corporation, Bright Community Trust and Clearwater Neighborhood Housing Services provide homebuyer counseling to individuals and families desiring to purchase a home in Clearwater. Pinellas Opportunity Council through the Chore Services Program is a supportive service designed to assist the elderly population of Clearwater to remain in their own home and be self-sufficient. These services are provided to residents who are financially and/or physically unable to perform these daily tasks of independent living and who have no one else to assist them. These services will empower the clients to eliminate crime, create pride in their community, deter blighting influence, improve neighborhood stability, and insure their sustainability as a viable participant in the community. Gulf Coast Legal Services is a civil legal aid organization serving low-income clients who otherwise may not be able to afford an attorney. The agency helps prevent and eliminate unfair and illegal housing practices, discrimination/fair housing violations, predatory lending, foreclosure, homeowner repair schemes, substandard housing conditions, and unlawful eviction practices that can lead to homelessness. It does so by providing both information and access to the courts for low/moderate income residents who, because of their limited financial means, have traditionally been the most vulnerable and least likely to know about their legal rights, resulting in their victimization. Intercultural Advocacy Institute provides services, information, and education to improve the lives of, primarily, Hispanic individuals. The agency provides support services to parents, develops curriculum elements to support student’s academic success in middle school, high school and beyond, support parents and makes referrals; provides transportation to and from meetings; and provides child-care services for the Youth Leaders Program that benefit low-to moderate-income residents of the City of Clearwater. The Kimberly Home is a pregnancy center that offers an array of services, including pregnancy testing, ultrasounds, mentoring, infant/toddler daycare, pregnancy and parenting education, and other community resources. Transitional housing is provided to pregnant women and new mothers in a safe and loving campus environment. This program is specifically designed to serve women 18 years and older who are homeless or at the risk for homelessness. RCS Grace House allows families to reside at Grace House, rent-free, while they obtain steady employment and/or save income to pay for permanent housing. The average stay is 12 weeks. During this time, Grace House provides the essentials such as food, utilities, and transportation, enabling families to save money to move into permanent housing. Hispanic Business Initiative Fund of Florida, Inc., d/b/a Prospera offers bilingual assistance to Hispanic entrepreneurs trying to establish or expand their business. Miracles Outreach Community Development Center, Inc. provides support to children aged 12-17 who are pregnant or have been homeless, abused and victims of human trafficking. Mattie Williams Neighborhood Family Center provides programs and services for families in need of temporary support in these areas: Critical Basic Needs, Family Support Services; Youth Programs and Services; Career Development and Adult Education. Tampa Bay Black Business Investment Corporation offers capital accompanied by hands-on technical assistance to micro-business and entrepreneurs. Other Accomplishments 6Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Affordable housing is a rarity in most communities. The demand for affordable housing far exceeds the supply in every community. The City of Clearwater in partnership with local housing providers and generous groups within the Clearwater community, is ready and willing to tackle the affordable housing shortage one unit at a time. The City’s Housing Division was approached by one of it’s housing partners to provide financial assistance for the rehabilitation of a dilapidated duplex that was donated to the organization. After reviewing the application for funding, it was approved. SHIP funding was utilized because it is less restrictive than federal funds and the organization wanted to make these units available as soon as possible to provide permanent housing to a couple of applicants on their waiting list. A quick turn around proved to be a challenge because of the many code-related issues and the costs to address these issues. According to the inspection reports received from the City’s inspection company, the rehabilitation of this structure would include all phases of construction; structural, electrical, plumbing, heating and cooling, treatment for termites and lead based paint abatement. The contractor was diligent in addressing all issues along with the modernization of the building. The increase in rehabilitation costs posed a challenge in keeping the monthly payments affordable for the organization. A well established business in the area heard about the project and donated a generous amount to the project to help reduce the total construction budget. This project exemplifies the true meaning of partnership within our community. It also shows the City's and local group's commitment in increasing the affordable housing stock. Availability for Public Inspection and Comments The City's Annual Report was made available for public inspection and comments on the City's website at www.myclearwater.com/HousingNotices. Notice to the public of the availability of the report was given by new paper advertisement in the Tampa Bay Times. Life-to-Date Homeownership Default and Foreclosure Mortgage Foreclosures A. Very low income households in foreclosure: B. Low income households in foreclosure: C. Moderate households in foreclosure: Mortgage Defaults A. Very low income households in default: B. Low income households in default: C. Moderate households in default: Strategies and Production Costs 3 9 3 1 0 0 Foreclosed Loans Life-to-date: Defaulted Loans Life-to-date: 15 1 SHIP Program Foreclosure Percentage Rate Life to Date: SHIP Program Default Percentage Rate Life to Date: 100.00 6.67 Total SHIP Purchase Assistance Loans:15 7Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Expended Funds Strategy Average Cost Multi-family $45,000.00 New Construction $143,849.57 Owner Occupied Rehab $39,675.57 Purchase Assistance w Rehab $20,760.00 Purchase Assistance w/o Rehab $20,200.00 Rent Mortgage Utility Assistance $2,066.19 Strategy Full Name Address City Zip Code Expended Funds FY if Unit Already Counted Purchase Assistance w/o Rehab Andres Medina 609 Edenville Avenue Clearwater 33764 $20,425.00 Purchase Assistance w Rehab Crystal Miller 1943 Gilbert Street Clearwater 33765 $20,000.00 Purchase Assistance w Rehab Cindy Martinez 2460 Northside Drive #1207 Clearwater 33761 $20,400.00 Purchase Assistance w Rehab Brianna Hadley 1994 Hyvue Drive Clearwater 33763 $21,880.00 Purchase Assistance w/o Rehab Eder Flores 1416 Boylan avenue Clearwater 33756 $20,300.00 Purchase Assistance w/o Rehab Kyle Craft 204 David Avenue Clearwater 33759 $19,875.00 Multi-family Moses Henderson 1123 Tangerine Street Unit A Clearwater 33755 $45,000.00 Multi-family Rosario Phillip 1123 Tangerine Street Unit B Clearwater 33755 $45,000.00 Owner Occupied Rehab Sharon Perez 1165 Jackson Road Clearwater 33755 $40,614.25 Owner Occupied Rehab Juanita Williams 1440 S. Madison Avenue Clearwater 33756 $41,403.54 Owner Occupied Rehab Mattie Campbell 1576 S. Prospect Avenue Clearwater 33756 $31,720.90 Owner Occupied Rehab Wilfred Jones 1317 Sandy Lane Clearwater 33755 $36,530.95 Owner Occupied Rehab DeAnn Rhodus 2404 Shelley Street Clearwater 33755 $42,054.75 Owner Occupied Rehab Caridad White 1571 Logan Street Clearwater 33755 $29,213.70 Owner Occupied Rehab Bianca Thompson 2071 Madrid Court N. Clearwater 33763 $43,887.65 Total Unit Count:26 $984,951.00Total Expended Amount: 8Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Administration by Entity Name Business Type Strategy Covered Responsibility Amount City of Clearwater Local Government All strategies in the LHAP for FY 2018-2021 Administration of all strategies in LHAP $98,266.19 Tampa Bay Community Development Corporation Not-for-profit Purchase Assistance Administration of the city's Down Payment Assistance and Closing Cost Assistance Program $7,000.00 NOVA Engineering Engineering Company Down Payment Assistance Owner Occupied Rehabilitation, New Construction, Rental Rehabilitation/New Construction Construction Inspections $3,005.00 Rock Solid Inspection Company Down Payment Assistance and Owner Occupied Rehabilitation Construction Inspections $.00 Clearwater Neighborhood Housing Services Not-for-profit Purchase Assistance Administration of the city's Down Payment Assistance and Closing Cost Assistance Program $.00 Owner Occupied Rehab Patricia Thornton 1309 Roosevelt Avenue Clearwater 33755 $42,430.05 Owner Occupied Rehab Nickolas Sucic 1341 S. Betty Lane Clearwater 33756 $38,682.80 Owner Occupied Rehab Dorothy Battle 1600 Scott Street Clearwater 33755 $44,307.40 Owner Occupied Rehab Eugene Lane 1010 LaSalle Street Clearwater 33755 $42,557.32 Owner Occupied Rehab Michael Sullivan 2258 Morningside Drive Clearwater 33764 $42,703.50 New Construction Elizabeth Bauer 1146 Tangerine Street Clearwater 33755 $131,700.00 New Construction Tamika Barber 802 Pennsylvania Avenue Clearwater 33755 $155,999.14 Rent Mortgage Utility Assistance Rachelle Noel 505 Fairwood Avenue #235 Clearwater 33759 $3,986.19 Rent Mortgage Utility Assistance Valerie Bush 1567 S. Prospect Avenue Clearwater 33756 $658.55 Rent Mortgage Utility Assistance Crawford Curtis 1501 Aries Lane #C Clearwater 33755 $2,200.00 Rent Mortgage Utility Assistance Justin Hubbard 1495 Cleveland Street Clearwater 33755 $1,420.00 9Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Program Income Loan Repayment:$395,293.40 Refinance:$73,900.00 Foreclosure: Sale of Property:$488,678.68 Interest Earned:$5,798.15 Total:$963,670.23 Program Income Funds Housing & Education Alliance, Inc. Not-for-profit Purchase Assistance Administration of the city's Down Payment Assistance and Closing Cost Assistance Program $.00 Explanation of Recaptured funds Total:$.00 Description Amount Rental Developments Development Name Owner Address City Zip Code SHIP Amount SHIP Units Compliance Monitored By Lexington Apartments Lexington Club Preservati on 1200 S. Missouri Ave Clearwater 33756 $300,000.00 7 Community Service Foundation Communit y Service Foundation 1123 Tangerine Street Clearwater 33755 $90,000.00 2 Single Family Area Purchase Price The average area purchase price of single family units:163,933.34 Or Number of Affordable Housing Applications Submitted 17 Approved 17 Denied Number of Affordable Housing Applications 10Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Not Applicable Form 5 Code(s)Strategies Expended Amount Units Encumbered Amount Units 1 Purchase Assistance w Rehab $20,400.00 1 3 Owner Occupied Rehab $214,732.14 5 10 New Construction $287,699.14 2 13 Rent Mortgage Utility Assistance $658.55 1 14 Multi-family $45,000.00 1 SHIP Expended and Encumbered for Special Needs Applicants Special Needs Breakdown Strategies Special Needs Category Expended Amount Units Encumbered Amount Units (1) Purchase Assistance w Rehab Receiving Social Security Disability Insurance $20,400.00 1 (14) Multi-family Receiving Social Security Disability Insurance $45,000.00 1 (3) Owner Occupied Rehab Receiving Social Security Disability Insurance $85,710.94 2 (3) Owner Occupied Rehab Person with Disabling Condition (not DD) $86,317.70 2 (3) Owner Occupied Rehab Receiving Veterans Disability Benefits $42,703.50 1 (10) New Construction Receiving Supplemental Security Income $287,699.14 2 (13) Rent Mortgage Utility Assistance Receiving Supplemental Security Income $658.55 1 Special Needs Category Breakdown by Strategy Provide a description of efforts to reduce homelessness: The City of Clearwater initiated and maintains a comprehensive and holistic approach that established the City Homeless Initiative Program. The Homeless Initiative Program provides homeless individuals and families access to comprehensive services. The City has committed its support for organizations that provide wrap-around services that address the root causes of homelessness. In addition, the City contributes financially to the Homeless Leadership Alliance (HLA) which is an umbrella organization overseeing the continuum of care providers in Pinellas County. The following are some of the ways in which city funds are being used to provide services to individuals and families experiencing homelessness: 1. Overnight, emergency, transitional, or permanent housing to homeless individuals and/or families. 2. Delivery of case management. 3. Transportation services for veterans to Bay Pines Hospital. Interim Year Data 11Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Interim Year Data Interim Year 1 State Annual Distribution $202,776.00 Program Funds Expended $132,418.75 Program Funds Encumbered $430,000.00 Total Administration Funds Expended $52,925.44 Total Administration Funds Encumbered Homeownership Counseling 65% Homeownership Requirement $262,418.75 75% Construction / Rehabilitation $562,418.75 30% Very & Extremely Low Income Requirement $300,000.00 30% Low Income Requirement $262,418.75 20% Special Needs Requirement $132,418.75 Carry Forward to Next Year Interim Year 2 State Annual Distribution Program Funds Expended Program Funds Encumbered 129.41% 56.68% 49.58% 25.02% 277.36% Disaster Funds Program Income $326,478.43 12Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 LG Submitted Comments: 13Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentives Certification On Behalf of _________________________________________ (Local Government), I hereby certify that: 1.The Annual Report information submitted electronically to Florida Housing Finance Corporation is true and accurate for the closeout year ________________ and interim years_______________________. 2.The local housing incentives or local housing incentive plan have been implemented or are in the process of being implemented. Including, at a minimum: a.Permits as defined in s.163.3164 (15) and (16) for affordable housing projects are expedited to a greater degree than other projects; and b.There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption. 3.The cumulative cost per newly constructed housing per housing unit, from these actions is estimated to be $.00. 4.The cumulative cost per rehabilitated housing per housing unit, from these actions is estimated to be$ $.00. Staff Member responsible for submitting annual report to FHFC: _____________________________________ ____________________________________________ ____________________________________________ Witness Signature Date Chief Elected Official or Designee Signature Date ____________________________________________ _____________________________________________ Witness Printed Name Chief Elected Official or Designee Printed Name ____________________________________________ Witness Signature Date ____________________________________________ Witness Printed Name or ATTEST (Seal) ____________________________________________ Signature Date 420.9075 (10) Each county or eligible municipality shall submit to the corporation by September 15 of each year a report of its affordable housing programs and accomplishments through June 30 immediately preceding submittal of the report. The report shall be certified as accurate and complete by the local government's chief elected official or his or her designee. Transmittal of the annual report by a county’s or eligible municipality’s chief elected official, or his or her designee, certifies that the local housing incentive strategies, or, if applicable, the local housing incentive plan, have been implemented or are in the process of being implemented pursuant to the adopted schedule for implementation. CITY OF CLEARWATER 2018-2019 2019-2020 and 2020-2021 Ms. Terry Malcolm-Smith Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9329 Agenda Date: 8/19/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve to re-issue a contract for Employee Benefit Broker and Consulting Services from The Gehring Group for the period of January 1, 2022 through December 31, 2027 in the amount of $1,389,000 for services to cover the next 5 calendar years and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater is currently comprised of approximately 1,855 full/part-time employees and 1400 retirees. The City of Clearwater offers a comprehensive group benefits program to its employees and their dependents. Persons covered by the City’s insurance plan also have access to the Employee Health Center. The core benefit program consists of employer paid or partially paid group health, life, and Accidental Death and Dismemberment (AD&D) insurance. The City’s group health and prescription insurance is self-insured, and group life insurance and long-term disability is fully insured. Since 2001, The Gehring Group has been the Agent of Record for the City of Clearwater. Although the City’s Human Resources department was extremely satisfied with the services provided by The Gehring Group, the city issued an RFP for Employee Benefit Brokerage and Consulting Services on March 29, 2021 and received 5 proposals respectively on April 29, 2021. A committee comprised of 5 (Lead Assistant City Attorney, Director of Finance, City Auditor, HR Benefits Manager, and HR Assistant Director) independently reviewed all the proposals and on May 12, 2021 met to discuss and rank them with The Gehring Group ranking number 1. In the current agreement (established in 2001), the city does not pay The Gehring Group directly. Gehring reports the current year’s claims commissions as $398,327 which is considerably more than the flat rate fee proposed. Gehring does not receive overrides, additional commissions, contingencies, or supplemental compensation from carriers. Additionally, It is important to note that The Gehring Group’s proposal had the most straight forward fee structure and offered a flat rate fee that has many services bundled in that all other proposers charged separate fees for. Additionally, The Gehring Group’s proposal was the only proposal submitted that clearly articulated its ability to provide comprehensive consultive services in support of the Employee Health Center. The contract to be awarded will span 5 years as follows: Year 1 - $275,000 (2022-2023) Year 2 - $275,000 (2023-2024) Year 3 - $275,000 (2024-2025) Page 1 City of Clearwater Printed on 8/17/2021 File Number: ID#21-9329 Year 4 - $282,000 (2025-2026) Year 5 - $282,000 (2026-2027) APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 590-07590-530300, contractual services, to fund the current year of this contract. Funding for future years will be included in the annual budget request. Page 2 City of Clearwater Printed on 8/17/2021 Page 1 of 20 AGREEMENT FOR SERVICES BETWEEN CITY OF CLEARWATER AND GEHRING GROUP, INC. THIS AGREEMENT, entered into this _____ day of June, 2021, by and between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as “City, “ P.O. Box 4748, Clearwater, Florida 33758 and Gehring Group, Inc., a Florida corporation, hereinafter referred to as “Consultant,” 3500 Kyoto Gardens Drive, Palm Beach Gardens, Florida 33410. WHEREAS, the City issued a request for proposals (RFP #29-21) for Employee Benefits Brokerage and Consulting Services; and WHEREAS, the Consultant submitted a proposal in response to the City’s RFP #29-21 for Employee Benefits Brokerage and Consulting Services; and WHEREAS, the City desires to award the RFP #29-21 for Employee Benefits Brokerage and Consulting Services to the Consultant; and WHEREAS, Consultant agrees to provide the Employee Benefits Brokerage and Consulting Services requested by the City in the City’s RFP #29-21 for Employee Benefits Brokerage and Consulting Services; and WHEREAS, the purpose of this Agreement for Services is to set forth certain terms and conditions for the provision of the Employee Benefits Brokerage and Consulting Services by the Consultant to the City.; NOW THEREFORE, in consideration of the mutual promises stated herein and other good and valuable consideration, the City and Consultant mutually agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1. SCOPE OF PROJECT. Page 2 of 20 Consultant agrees to provide Employee Benefits Brokerage and Consulting Services under the terms and conditions described in attached Exhibit “A.” 2. TIME OF PERFORMANCE. This Contract shall commence on January 1, 2022 and terminate on December 31, 2025. At the end of the initial term of this contract, the City may initiate two (2) one (1) year renewals as provided herein. The decision to exercise the contract renewals rests solely with the City. The City will give written notice of its intention to renew the contract to Consultant no later than thirty (30) days prior to the expiration of each renewal option. 3. COMPENSATION. Consultant shall be compensated in the form of a fixed annual flat fee for ongoing Employee Benefits Brokerage and Consulting Services as detailed in Exhibit “C” attached hereto and incorporated herein. 4. METHOD OF PAYMENT. Consultant’s invoices shall be submitted to the City for approval for payment on a monthly basis. The City agrees to pay after approval under the terms of the Florida Prompt Payment Act F.S. 218.70. The City’s performance and obligation to pay under this Contract is contingent upon an annual appropriation of the City’s budget. 5. NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. Page 3 of 20 Gehring Group, Inc. City of Clearwater Cindy Thompson Name Name VP of Operations Title Title 3500 Kyoto Gardens Drive P.O. Box 4748 Palm Beach Gardens, FL 33410 Clearwater, FL 33758 Address Address 800-244-3696 | 561-626-6797 Telephone # Telephone # 561-626-6970 Facsimile # Facsimile # 6. TERMINATION OF CONTRACT. The City at its sole discretion may terminate this Contract by giving Consultant a ten (10) day written notice of its election to do so and by specifying the effective date of such termination. Consultant shall be paid for its services through the effective date of such termination. Further, if Consultant shall fail to fulfill any of its obligations hereunder, this Contract shall be in default, the City may terminate the Contract, and Consultant shall be paid only for work completed. 7. RFP #29-21, INDEMNIFICATION, AND INSURANCE. Consultant agrees to comply with all terms, provisions, and requirements contained in Exhibit “B” attached hereto and made a part hereof as if said document were fully set forth at length herein. Any inconsistency in documents relating to this Contract shall be resolved by giving precedence in the following order: (i) this Contract and any subsequent Amendments; and (ii) Exhibit B, RFP #29-21, Standard Terms and Conditions. Page 4 of 20 8. PROPRIETARY MATERIALS. Upon termination of this Contract, Consultant shall transfer, assign and make available to City or its representatives all property and materials in Consultant’s possession belonging to or paid for by the City. 9. INTERESTS OF PARTIES. Consultant covenants that its officers, employees, and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance and/or provision of services required under the terms and conditions of this Contract. 10. CONFORMANCE WITH LAWS. Consultant agrees to comply with all applicable federal, state and local laws during the life of this Contract. 11. ATTORNEY FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 12. GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. 13. E-Verify. Consultant and its Subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. Consultant will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify Page 5 of 20 system. Subcontractor must provide Consultant with an affidavit stating that Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of such affidavit. The City may terminate this Contract on the good faith belief that Consultant or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), Consultant may not be awarded a public contract for at least 1 year after the date of which this Contract was terminated. Consultant is liable for any additional costs incurred by the City as a result of the termination of this Contract. See Section 448.095, Florida Statutes (2020). Page 6 of 20 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: Owen Kohler Rosemarie Call Assistant City Attorney City Clerk GEHRING GROUP Attest: By: Print Name: Kate Grangard Print Name: Kurt Gehring Secretary Title: President Page 7 of 20 EXHIBIT A SCOPE OF SERVICES The City of Clearwater regularly reviews the structure, scope, competitiveness, and economic efficiency of its employee benefit insurance coverages. The City will consider creative and innovative approaches that will help maintain quality employee benefits without sacrificing fiscal soundness. The successful broker shall be able to perform or provide, but not be limited to, the following services: GENERAL SERVICES. a. Provide a dedicated broker/consultant to be the main contact for managing account relationship. The contact will be readily accessible to City HR personnel. b. Provide general and technical guidance on employee benefit issues to include market analysis, trends, contract and statute interpretation and cost containment methods. c. Assist the City on a regular basis and in a timely manner to provide information, analysis and guidance on any and all aspects of City benefit program policy and administration. d. Provide input and guidance regarding the City Employee’s Pension Plan s/b City of Clearwater Employees’ Pension Plan. e. Develop special plan design options as needed (i.e., three [3] tiered medical options, flex benefit plans, etc.). f. Oversee the plan documents and summary plan descriptions. g. Review all plan documents for accuracy and compliance with appropriate Federal, State, and City laws and regulations. h. Assist in the development and review of open enrollment communication materials, including Employee Benefits Highlights Booklet. i. Create/Print/Distribute employee communication materials. j. Provide a qualified representative to attend meetings with City staff, Management Team, and employees as requested or needed. k. Make recommendations to City staff and development and present materials to the City Council, if needed. l. Develop, conduct, and summarize employee satisfaction and/or needs surveys. m. Advise and assist the City in negotiating renewals for medical, EAP, Basic Life, LTD/STD, dental, vision, AD&D, FSA/DSA, AFLAC, Employee Health Center, etc. n. Coordinate and present at the Open Enrollment Meetings, City Council Meetings, or health fairs as needed. o. Proposers are required to be Health Insurance Portability and Accountability Act (HIPAA) compliant. p. Apprise the City of current issues in the areas of benefits law and administration. q. Act as liaison for the City with the best efforts regarding its employees benefits and when dealing with service providers on insurance/contract issues. Page 8 of 20 r. Resolve employee claims issues and expedite resolution of contractual/coverage/billing disputes. s. Enhance the services provided at the Employee Health Center. TECHNICAL SERVICES. a. The broker/consultant is expected to work with the City in securing and analyzing financial and claims data from each of the carriers and the Employee Health Center on a quarterly basis, and/or as requested by the City in order to monitor City benefit plans. Once analyzed, the broker/consultant is expected to provide a summary explanation of the data emphasizing any important trends, emerging problems, etc. It is preferred that the broker/consultant have in-house utilization analysis of all City medical relationships, including managed-care alternatives. b. The broker/consultant is expected to aid the City and providing guidance with legislative compliance issues, including but not limited to: i. Consolidated Omnibus Budget Reconciliation Act (COBRA) ii. Family and Medical Leave Act (FMLA) iii. Affordable Care Act (ACA) Reporting iv. Federal mandated compliance requirements/benefits, such as Health Insurance Portability and Accountability Act (HIPAA) v. State mandated benefits c. Develop, conduct, and summarize benefit surveys of public and private employers, focusing on benefits, contribution practices, funding, premium structures, etc., and comparisons to the City of Clearwater’s package. Develop, conduct, and summarize surveys for other purposes, such as disruption reports as well as market analysis and industry trend reports. Additionally, the awarded broker/consultant will provide timely receipt and review of medical plan management reports. d. The broker/consultant will provide guidance on the annual budgets, allocations of payroll deductions, stop loss purchases and attachment points for the City’s self-funded programs. e. The broker/consultant will assist in the preparation of materials required for an annual actuarial review of the City’s Self-Funded Health Benefit program. This currently entails the City’s annual actuarial filing pursuant to FS112.08 and GASB 75 OPEB valuation. f. The broker/consultant will prepare and distribute annual, legally required notices. g. On rare occasions, the City may be involved in litigation arising from requests for proposals, contracting, or employee grievances. If such a situation should occur, the broker/consultant may be expected to assist the City in providing necessary materials and testify if needed. h. Automated benefits administration and enrollment services and programs. The broker/consultant shall provide secure, automated benefits administration and enrollment services. SOLICITATION SERVICES. Assist the City in developing Request for Proposals for employee benefit insurance programs as needed. This service would include the ability to aid the City with completing an RFP in a timely Page 9 of 20 manner for medical coverage, to include the Employee Health Center, which would go into effect on January 1, 2023. a. In conjunction with the City, assist in the preparation of RFPs in compliance with the City’s procurement requirements as needed. b. Assist the City with addressing any questions from vendors during the RFP process. c. Participate in the evaluation or presentations as needed. d. If requested, prepare recommendations and/or defense of recommendations. e. Assist with contract negotiations, plan design, premiums rates and performance guarantees. f. Serve as an intermediary between the vendor(s) and City during the implementation of new programs. g. Participate in negotiations with vendors on proposed rates and benefits changes to existing contracts. Page 10 of 20 EXHIBIT “B” RFP# 29-21, INDEMNIFICATION, AND INSURANCE S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure Page 11 of 20 the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. Page 12 of 20 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. Page 13 of 20 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. Page 14 of 20 S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. Page 15 of 20 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or Page 16 of 20 services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without Page 17 of 20 limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the agreement will be referred to the administrator for resolution. Supplements may be written to the agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. Page 18 of 20 S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. INSURANCE REQUIREMENTS. The Consultant shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives, or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Consultant’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Consultant must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the Consultant is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Consultant’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Consultant with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with Page 19 of 20 reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the CONSULTANT will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition, when requested in writing from the City, CONSULTANT will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing, RFQ #29-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. CONSULTANT shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. CONSULTANT’S insurance as outlined above shall be primary and non-contributory coverage for CONSULTANT’S negligence. d. CONSULTANT reserves the right to appoint legal counsel to provide for the CONSULTANT’S defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to CONSULTANT’S design, equipment, or service. CONSULTANT agrees that the City shall not be liable to reimburse CONSULTANT for any legal fees or costs as a result of CONSULTANT providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of CONSULTANT’S obligation to provide the insurance coverage specified. Page 20 of 20 EXHIBIT “C” COMPENSATION Employee Benefits Consulting Services Annual Fee Year 1 $275,000 Year 2 $275,000 Year 3 $275,000 Year 4 $282,000 Year 5 $282,000 Please note that there be will no additional charges to the City as this arrangement includes: • Bentek® Online Enrollment & Administration System • All travel costs associated with servicing the City • ACA advisory and planning services • Onsite attendance at annual Open Enrollment meetings as needed • Development, production, and printing of annual employee benefit booklet and other employee communications • Actuarial services subcontracted through Wakely Consulting (services include annual 112.08 filing of actuarial soundness of medical/rx progam, annual rate and reserve calculation, and IBNR calculation) • Access to Gehring Group COVID-19 Resources Portal & educational workshops, seminars and webinars • Access to ThinkHR online H.R. research tool Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 11.2018 REQUEST FOR PROPOSALS #29-21 Employee Benefits Brokerage and Consulting Services March 29, 2021 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, April 29, 2021 to provide Employee Benefits Brokerage and Consulting Services. Brief Description: The City of Clearwater seeks a qualified employee benefits broker/consultant to assist with the City’s benefits program management and to ensure that current arrangements are still competitive from a cost and service perspective. Additionally, the City seeks a broker/consultant who will provide crucial support toward encouraging greater health care consumerism for our employees using efficient and effective technologies, processes, and communications. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: This Request for Proposals is issued by: Valerie Craig, CPPB Sr. Procurement Analyst Valerie.Craig@myclearwater.com INSTRUCTIONS Brokerage and Consulting Services 2 RFP #29-21 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No Date and Time: n/a Location: n/a If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: April 29, 2021 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and INSTRUCTIONS Brokerage and Consulting Services 3 RFP #29-21 conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 PROPOSAL SUBMITTAL. It is recommended that proposals are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Companies may mail or hand-deliver proposals to the address below. Use label at the end of this solicitation package. E-mail or fax submissions will not be accepted. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 i.7 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.8 LOBBYING. The integrity of the procurement process is critical. Communication regarding this solicitation for purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is strongly discouraged. This does not prohibit public comment at any City Council meeting, study session or Council committee meeting. This shall not apply to vendor-initiated communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to pre-bid conferences, clarification of responses, presentations if provided in the solicitation, requests for Best and Final Proposals, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. i.9 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.10 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than (seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. i.11 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must INSTRUCTIONS Brokerage and Consulting Services 4 RFP #29-21 provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.12 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.13 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.14 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.15 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.16 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.17 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.18 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. INSTRUCTIONS Brokerage and Consulting Services 5 RFP #29-21 To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.19 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.20 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Manager no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Brokerage and Consulting Services 6 RFP #29-21 i.21 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.22 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (pages 23-25) Points Demonstrated Experience of Firm and Project Personnel (Tab 2) 20 Program Description and Method of Approach (Tab 3) 35 References (Tab 4) 20 Cost of Services (Tab 5) 25 i.23 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.24 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City’s discretion. The location for these presentations and/or interviews will be determined by the City and may be held virtually. i.25 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not INSTRUCTIONS – EVALUATION Brokerage and Consulting Services 7 RFP #29-21 expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.26 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.27 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.28 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant RFP information and notices. i.29 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: 03/29/2021 Advertise Tampa Bay Times: 03/31/2021 Responses due: 04/29/2021 Review proposals: 04/29/2021-05/05/2021 Presentations (if requested): 05/13/2021 Award recommendation: 05/13/2021 Council authorization: 06/17/2021 Contract begins: January 2022 TERMS AND CONDITIONS Brokerage and Consulting Services 8 RFP #29-21 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. TERMS AND CONDITIONS Brokerage and Consulting Services 9 RFP #29-21 Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, TERMS AND CONDITIONS Brokerage and Consulting Services 10 RFP #29-21 and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the TERMS AND CONDITIONS Brokerage and Consulting Services 11 RFP #29-21 public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for ten (10) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. TERMS AND CONDITIONS Brokerage and Consulting Services 12 RFP #29-21 S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. TERMS AND CONDITIONS Brokerage and Consulting Services 13 RFP #29-21 S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable TERMS AND CONDITIONS Brokerage and Consulting Services 14 RFP #29-21 assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused TERMS AND CONDITIONS Brokerage and Consulting Services 15 RFP #29-21 by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Brokerage and Consulting Services 16 RFP #29-21 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of nearly 118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home to Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. PROJECT GOAL. The City of Clearwater’s Human Resources (HR) Department is responsible for providing for the employee benefit and insurance services needs of the City. A major portion of this responsibility involves the acquisition of competitively priced employee benefit and insurance services coverage from qualified sources, and also includes certain consultation/advisory services, related to the City’s employee benefit and insurance services needs. The purpose of this Request for Proposals (RFP) is to select a qualified Employee Benefits Broker/Consultant who will assist the HR Department and represent the City in the acquisition, management and/or marketing of employee benefit insurance and will provide service and consultation regarding each of the City’s benefit programs. 3. BACKGROUND. The City of Clearwater is currently comprised of a five (5) member City Council, approximately 1,855 full/part-time employees and 1400 retirees. Employer Groups include Unionized (Fire, Police, and Communications Workers of America [CWA]) and Non-Union Supervisory, Administrative, Managerial, and Professional (SAMP) employees. The City of Clearwater is self-insured and has a near-site Employee Health Center. The City of Clearwater offers a comprehensive group benefits program to its employees and their dependents. Persons covered by the City’s insurance plan also have access to the Employee Health Center. The core benefit program consists of employer paid or partially paid group health, life, and Accidental Death and Dismemberment (AD&D) insurance. The City’s group health and prescription insurance is self-insured, and group life insurance and long-term disability is fully insured. In addition to the above, the City of Clearwater offers ancillary benefits which employees may purchase on a pre-tax basis. These benefits include Supplemental Life Insurance as well as Vision and Dental Insurance. The following insurance coverages are included in the City’s overall employee benefit insurance program: • Medical Insurance: Cigna –– effective 01/2021 • Employee Health Center: Evernorth Direct Health, LLC - expires 09/30/21 • Dental Insurance: Cigna - expires 12/31/2021 / SunLife - auto renews Jan. 1st of each year • Vision: Humana – 2-year rate renewal, expires 12/31/2023 • Flexible Spending Account (FSA) / Dependent Spending Account (DSA): AFLAC through WageWorks – autorenewal, expires 12/31/2021 • Basic Life/Long Term Disability (LTD)/Short Term Disability (STD): Unum – expires 10/01/2022 • Employee Assistance Program (EAP) • AFLAC Plan - expires 12/31/2021 • Wellness Program • Accidental Death and Dismemberment (AD&D) – expires 10/01/2022 • Pension (Union & Non-management SAMP & Classified Employees) • Deferred Compensation Retirement Plan 457 Plan (All Employees) Attached as Exhibit A, please find the 2021 Employee Benefits Highlights Booklet that includes a summary of the City’s current coverages. DETAILED SPECIFICATIONS Brokerage and Consulting Services 17 RFP #29-21 4. SCOPE OF WORK. The City of Clearwater regularly reviews the structure, scope, competitiveness and economic efficiency of its employee benefit insurance coverages. The City will consider creative and innovative approaches that will help maintain quality employee benefits without sacrificing fiscal soundness. The successful broker shall be able to perform or provide, but not be limited to, the following services: 4.1 GENERAL SERVICES. a. Provide a dedicated broker/consultant to be the main contact for managing account relationship. The contact will be readily accessible to City HR personnel. b. Provide general and technical guidance on employee benefit issues to include market analysis, trends, contract and statute interpretation and cost containment methods. c. Assist the City on a regular basis and in a timely manner to provide information, analysis and guidance on any and all aspects of City benefit program policy and administration. d. Provide input and guidance regarding the City Employee’s Pension Plan s/b City of Clearwater Employees’ Pension Plan. e. Develop special plan design options as needed (i.e., three [3] tiered medical options, flex benefit plans, etc.). f. Oversee the plan documents and summary plan descriptions. g. Review all plan documents for accuracy and compliance with appropriate Federal, State, and City laws and regulations. h. Assist in the development and review of open enrollment communication materials, including Employee Benefits Highlights Booklet. i. Create/Print/Distribute employee communication materials. j. Provide a qualified representative to attend meetings with City staff, Management Team, and employees as requested or needed. k. Make recommendations to City staff and development and present materials to the City Council, if needed. l. Develop, conduct, and summarize employee satisfaction and/or needs surveys. m. Advise and assist the City in negotiating renewals for medical, EAP, Basic Life, LTD/STD, dental, vision, AD&D, FSA/DSA, AFLAC, Employee Health Center, etc. n. Coordinate and present at the Open Enrollment Meetings, City Council Meetings, or health fairs as needed. o. Proposers are required to be Health Insurance Portability and Accountability Act (HIPAA) compliant. p. Apprise the City of current issues in the areas of benefits law and administration. q. Act as liaison for the City with the best efforts regarding its employees benefits and when dealing with service providers on insurance/contract issues. r. Resolve employee claims issues and expedite resolution of contractual/coverage/billing disputes. s. Enhance the services provided at the Employee Health Center. 4.2 TECHNICAL SERVICES. a. The broker/consultant is expected to work with the City in securing and analyzing financial and claims data from each of the carriers and the Employee Health Center on a quarterly basis, and/or as requested by the City in order to monitor City benefit plans. Once analyzed, the broker/consultant is expected to provide a summary explanation of the data emphasizing any important trends, emerging problems, etc. It is preferred that the broker/consultant have in-house utilization analysis of all City medical relationships, including managed-care alternatives. b. The broker/consultant is expected to aid the City and providing guidance with legislative compliance issues, including but not limited to: i. Consolidated Omnibus Budget Reconciliation Act (COBRA) ii. Family and Medical Leave Act (FMLA) iii. Affordable Care Act (ACA) Reporting iv. Federal mandated compliance requirements/benefits, such as Health Insurance Portability and Accountability Act (HIPAA) DETAILED SPECIFICATIONS Brokerage and Consulting Services 18 RFP #29-21 v. State mandated benefits c. Develop, conduct, and summarize benefit surveys of public and private employers, focusing on benefits, contribution practices, funding, premium structures, etc., and comparisons to the City of Clearwater’s package. Develop, conduct, and summarize surveys for other purposes, such as disruption reports as well as market analysis and industry trend reports. Additionally, the awarded broker/consultant will provide timely receipt and review of medical plan management reports. d. The broker/consultant will provide guidance on the annual budgets, allocations of payroll deductions, stop loss purchases and attachment points for the City’s self-funded programs. e. The broker/consultant will assist in the preparation of materials required for an annual actuarial review of the City’s Self-Funded Health Benefit program. This currently entails the City’s annual actuarial filing pursuant to FS112.08 and GASB 75 OPEB valuation. f. The broker/consultant will prepare and distribute annual, legally required notices. g. On rare occasions, the City may be involved in litigation arising from requests for proposals, contracting, or employee grievances. If such a situation should occur, the broker/consultant may be expected to assist the City in providing necessary materials and testify if needed. h. Automated benefits administration and enrollment services and programs. The broker/consultant shall provide secure, automated benefits administration and enrollment services. 4.3 SOLICITATION SERVICES. Assist the City in developing Request for Proposals for employee benefit insurance programs as needed. This service would include the ability to aid the City with completing an RFP in a timely manner for medical coverage, to include the Employee Health Center, which would go into effect on January 1, 2023. a. In conjunction with the City, assist in the preparation of RFPs in compliance with the City’s procurement requirements as needed. b. Assist the City with addressing any questions from vendors during the RFP process. c. Participate in the evaluation or presentations as needed. d. If requested, prepare recommendations and/or defense of recommendations. e. Assist with contract negotiations, plan design, premiums rates and performance guarantees. f. Serve as an intermediary between the vendor(s) and City during the implementation of new programs. g. Participate in negotiations with vendors on proposed rates and benefits changes to existing contracts. 5. LICENSES. At a minimum, vendors must submit the following: a. An active certified Florida Department of Financial Services Agency license; and be certified and/or qualified to complete the project per project specifications. b. Firms and employees must hold the required license for the type of work to be performed at the time their proposal response is submitted and for the duration of the contract. 6. MINIMUM QUALIFICATIONS. Insurance brokers/consultants must meet the following minimum qualifications in order to be considered: a. The successful broker/consultant will have the capability to access insurance markets on a regional or national basis to maximize the availability of coverages for the City’s consideration. The successful firm shall demonstrate the resources at its disposal as are necessary to fulfill the requirements of the scope of services. b. The successful broker/consultant must possess all necessary licenses to perform the above-mentioned services as may be required by the State of Florida. c. Licensed in the State of Florida. d. Ten (10) years’ experience as a licensed insurance broker or brokerage firm. e. Experience working with at least three (3) public entity accounts with 1,000 or more employees providing services of the same size, nature, and complexity as the City of Clearwater, as well as three (3) government accounts utilizing a self-insured health plan in the past three (3) years. DETAILED SPECIFICATIONS Brokerage and Consulting Services 19 RFP #29-21 7. INSURANCE REQUIREMENTS. To be reviewed by Risk Manager. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater DETAILED SPECIFICATIONS Brokerage and Consulting Services 20 RFP #29-21 Attn: Procurement Division, RFP #29-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Brokerage and Consulting Services 21 RFP #29-21 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. Jan. 1, 2022 – Dec. 31, 2025 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. two (2), one (1) year renewals are possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. a. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. b. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for the one (1) year renewal term. d. No fuel surcharges will be accepted. RESPONSE ELEMENTS Brokerage and Consulting Services 22 RFP #29-21 1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, three (3) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: If submitting proposals electronically, copies are not required. 2. PROPOSAL FORMAT. (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non-responsive to this RFP. Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The proposer’s understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 – Demonstrated Experience of Firm and Project Personnel. The following information should be included: 1. A statement of qualifications, abilities, experience and expertise in providing the requested services. a. A description of what qualifies your firm, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or special expertise your firm has in providing employee benefits and insurance services to clients with similar or related business activities, specifically include experience with self-insured health plans offered by government employers. Include a list of current client relationships (local or otherwise), if not included in your references. c. Describe your firm’s efforts to remain current on business and employee benefit issues relating to the City of Clearwater business profile, including industry or association memberships, if applicable. 2. Identification of dedicated personnel to be assigned to the City. Personnel named in the proposal may not be substituted without permission of the City. Include an estimate of each key person’s allocated time to the City of Clearwater’s account. Include an organizational chart identifying the team and reporting structures. a. Resumes, including relevant experience may be included. TAB 3 - Program Description AND Method of Approach. Clearly define the program offered and your method of approach to include, but not limited to the following elements: 1. Employee Benefits Assessment and Analysis: Provide a summary of your firm’s process in conducting risk assessment and analysis for firms similar to the City of Clearwater. Identify resources to be used, if not already part of the proposed service team. Provide samples of internal or external reports that are a product of such assessment and analysis. Based upon the information currently available, identify areas of emerging risk relative to the City of Clearwater operations, or risk warrants greater attention. 2. Marketing: Describe your firm’s proposed marketing processes and strategies. Provide comment on current program structure and pricing (to the extent possible) with particular emphasis on your firm’s assessment of the insurance market. Include identification of RESPONSE ELEMENTS Brokerage and Consulting Services 23 RFP #29-21 resources that are not part of the proposed service team. Provide a suggested listing of markets that may be considered for each major line of coverage, including your rationale for such a course of action. Include any intermediaries to be used and your relationship with those companies. (Note: The City is requesting a sample only of the markets that your company would use for an account of the size of Clearwater). 3. Data Management: Provide commentary on the projected needs for the City of Clearwater relative to data management and your firm’s approach to meeting those needs. Include resources or systems that might be utilized to enhance this area of benefits management. 4. Program Design: Provide a brief summary of potential program designs that may be appropriate for the City of Clearwater for the major lines of coverage. Include the rationale for your suggestions. Given the information provided, identify your firm’s key strategies in evaluating the optimum alternatives for the City of Clearwater in the major lines of coverage. 5. Communications: Describe formal and informal communication processes for the City of Clearwater. Include proposed schedules of key meetings, timelines, and other process mileposts for the proposed client service. Include any proprietary client communications that may be appropriate and available to the City of Clearwater to facilitate communications. Describe your firm’s capability of producing annual benefit statements and open enrollment communications for employees. 6. Other Services (Optional): Provide a brief summary of other services available from your firm that may be appropriate to the City of Clearwater consideration. 7. Broker/Consultant Compensation: Identify your firm’s preference on the means of compensation for services. Provide a detailed analysis of the fee build-up, including allocated time and rates for the service providers. Identify any proposed services that may be outside an agreed-upon fee and an estimate for those services, if applicable. Include the details of any proposed incentive plan, if recommended. TAB 4 – References. A minimum of three (3) references, preferably from other public entities of similar size to the City of Clearwater and three (3) government accounts utilizing a self- insured health plan, within the past three (3) years, for whom firm has provided brokerage/consulting services. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, dates these services were provided. TAB 5 - Cost of Services. The cost portion of the proposal should include the following elements: 1. Proposals shall include an annual service fee as part of their response to this RFP. The successful firm shall be compensated on an annual fee basis. Fees will be payable quarterly at the end of each quarter. All program premiums and charges are to be written net of commission and the acceptance of a commission shall be grounds for immediate termination of the contract. If a carrier does not or cannot work on a net of commission arrangement, the firm shall disclose this fact and the commission shall be deducted from the annual fee. 2. The successful firm shall provide an annual statement from each carrier confirming that the insurance carrier has paid no commissions. Full disclosure of all compensation earned, either directly or indirectly, is required. Use of intermediaries, wholesalers, subsidiary companies, etc. is expected and encouraged if advantageous to the City of Clearwater. However, all fees and or commissions earned as a result of their use must be disclosed and will be deducted from the annual fee. Additionally, the City reserves the right to seek additional relevant records as a means of enforcing this provision. TAB 6 - Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form RESPONSE ELEMENTS Brokerage and Consulting Services 24 RFP #29-21 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. E-Verify Eligibility form 6. Copies of licenses and/or certifications (refer to Item 5, LICENSES, page 19) 7. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Brokerage and Consulting Services 25 RFP #29-21 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Brokerage and Consulting Services 26 RFP #29-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. VENDOR CERTIFICATION OF PROPOSAL Brokerage and Consulting Services 27 RFP #29-21 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCRUTINIZED COMPANIES FORMS Brokerage and Consulting Services 28 RFP #29-21 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORMS Brokerage and Consulting Services 29 RFP #29-21 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ______________________________________ Authorized Signature ______________________________________ Printed Name ______________________________________ Title ______________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Brokerage and Consulting Services 30 RFP #29-21 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Brokerage and Consulting Services 31 RFP #29-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #29-21, Employee Benefits Brokerage and Consulting Services Due Date: April 29, 2021 at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #29-21, Employee Benefits Brokerage and Consulting Services Due Date: April 29, 2021 at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ Our communities rely on the public sector. The public sector relies on Gehring Group. CITY OF CLEARWATER EMPLOYEE BENEFITS BROKERAGE AND CONSULTING SERVICES RFP NO: 29-21 Due Date: Thursday, April, 29th 2021 at 10:00 am Proposal Contact: Cindy Thompson, V.P. of Operations Tel: (800) 244-3696 or (561) 626-6797 Email: cindy.thompson@gehringgroup.com Table of Contents Tab 1: Letter of Transmittal ..................................................................................................................... 3 Tab 2: Demonstrated Experience of Firm and Project Personnel .......................................................... 7 Tab 3: Program Description and Method of Approach ......................................................................... 36 Tab 4: References ................................................................................................................................ 56 Tab 5: Cost of Services ........................................................................................................................ 57 Tab 6: Other Forms............................................................................................................................... 59 1.Exceptions/Additional Materials/Addenda Form 2.Vendor Information Form 3.Vendor Certification of Proposal Form 4.Scrutinized Companies form(s) as required 5.E-Verify Eligibility Form 6.Copies of licenses and/or certifications 7.Proof of Insurance 8.W-9 Form Tab 7: Exhibits ...................................................................................................................................... 71 Exhibit A ............................................................................ Sample Employee Benefit Guide Exhibit B ...................................................................... Sample Employee Communications Exhibit C ............................................................................ Sample Reports & Work Product Exhibit D ............................................................................ Sample Client Seminar/Webinar Exhibit E .................................................................. Sample Employee Benefit Newsletters Exhibit F ................................................................................... Letters of Recommendation Page 2 Tab 1: Letter of Transmittal Letter of Transmittal A brief letter of transmittal should be submitted that includes the following information: 1.The proposer’s understanding of the work to be performed. 2.A positive commitment to perform the service within the time period specified. 3.The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. Page 3 April 27, 2021 City of Clearwater Procurement Division 100 S. Myrtle Ave., 3rd Floor Clearwater, FL 33758 Re: RFP #29-21 - Employee Benefits Brokerage and Consulting Services Dear Evaluation Committee Member: Gehring Group welcomes the opportunity to provide this proposal in response to the City of Clearwater’s RFP #29-21 for Employee Benefits Brokerage and Consulting Services. As the City’s current consultant, we want to express our sincere desire to continue the successful relationships we have developed with the City’s leadership team, other staff as well as its members and retirees. As one of the most innovative employers in the state and an excellent collaborative client partner, we are appreciative of how supportive City leadership has been in our efforts to execute aggressive initiatives to capitalize on cost saving opportunities. In our long-term relationship with the City, we have we have achieved significant accomplishments together which include, but are not limited to: Increasing benefits administration efficiencies through the implementing of the Bentek Online Enrollment and Administration System. Providing low-cost or no-cost access to care to City employees and their dependents through the successful implementation and maintenance of a near-site health center. Providing employees with an incentive to evaluate their current health condition by participating in Health Risk Assessments. Enhancing opportunities for employees to achieve healthier lifestyles with the addition of an Onsite Wellness Coordinator provided through the City’s medical carrier. Fostering a culture of wellness by adding a Wellness Incentivized medical plan design option. Achieving $1,075,894 in pharmacy rebates for the 2020 plan year due to Gehring Group’s negotiating leverage and aggressive contract negotiations with the pharmacy vendor. Providing custom “White Board” videos, created by Gehring Group’s in-house video production team for the City’s employees, outlining key benefit offerings. Maintaining a comprehensive medical insurance program for seven years with no reduction in plan benefits. Transitioning to a self-insured funding arrangement since which the City has experienced a 3.1% average annual increase over the past 12 years and an average of 1.1% since 2017. It is also important to note that the City has been able to achieve these results with enhancements to the medical schedule of benefits. These achievements are significant in comparison to national and state medical inflation trend factors that run at more than twice the rates outlined above. In addition, working with Gehring Group provides the City with a number of competitive advantages including: Page 4 Gehring Group is a known, trusted and valued partner of the City with in-depth knowledge of all City’s benefits programs and valued relationships with City personnel. Gehring Group is the only insurance agency with CPA’s on staff to provide advisory services and tax guidance related to the Affordable Care Act, ACA reporting, and PCORI fee calculation and payment. Our team has provided over two dozen employee benefits, human resources, and legislative educational opportunities to City benefit staff over the past two years alone that include continuing education credits for CPA’s and SHRM members. In addition to continuing the high level of service provided to the City, your Gehring Group team is focused on forward thinking solutions to benefit City of Clearwater, including: The addition of Bentek’s RetireSweet module to streamline the management of all benefits a single solution to manage the City’s entire employee and retiree population. Integrated data reporting to enhance and solidify clinic Return on Investment (ROI) Calculations. Analysis and implementation of new cost-effective health coaching options and health improvement strategies to drive long term cost containment. Utilization of real-time, public sector benchmarking data through Gehring Group’s CAVU benefits survey tool to ensure competitiveness of plan offerings compared to competing entities. (https://app.cavu4u.com/#/login) For those on the proposal evaluation committee, we want to emphasize Gehring Group’s focus on the Public Sector. Gehring Group is unique in that we are Public Sector specialists, and we have been for over 28 years. Public Sector is our sole focus – we design, implement, analyze and service comprehensive insurance programs for Public Sector organizations. We have a deep bench of experienced professionals who are experts in all types of funding arrangements, pharmacy options, plan designs, wellness initiatives, employer clinics, etc. In addition, we have developed educational resources and strong carrier/professional relationships, allowing us to provide proven and exceptional insurance consulting services and guidance regarding plan strategy and legislation applying to governmental employers. Gehring Group understands how important it is for the City to offer a competitive benefit package to attract and retain valued employees. Working with City staff, we have consistently accomplished the goal of maintaining a competitive yet cost effective employee benefits program year over year. The services we provide include expert knowledge of the insurance industry and all available programs and funding options, consistent monitoring of the program performance, large claims, review of contract language, and the provision of budgetary projections and funding recommendations, and the members of our team are experts in providing the general, technical and solicitation services outlined in the scope of work. Inherent in this scope is marketing and renewal analysis, the RFP and renewal negotiating process, employee advocacy and claims assistance, providing recommendations to staff and assistance with legislative and compliance issues relating to the ACA, FFCRA, CARES Act, the American Rescue Plan as well as domestic partner and overage dependent imputed income administration. Additional provided services include actuarial services, data analytics tools, oversight of an employee health clinic, benefits communication and graphics services, new hire and open enrollment assistance, assistance with claims and billing issues and legislative compliance including Health Care Reform as well as the Bentek® Online Enrollment and Administration System inclusive within our proposed fee. Our in-house graphics department is also available to design and produce various employee communication pieces in addition to our annual Employee Benefits Highlights booklet and Wellness Program Brochures that are customized according to your benefits options. Additionally, Gehring Group’s in-house video production team can custom “White Board” videos and Page 5 open enrollment videos for online access. The Gehring Group team is available on an ongoing basis for onsite meetings with Staff, health and wellness committees, union groups, City management and board members, or the general employee population. Our comprehensive proposal includes all services as outlined in the Scope of Work of the RFP as well as various relevant exhibits to illustrate sample work product, reports, communication materials and letters of recommendation. As the top producing brokers/consultants specializing only in serving Public Sector entities throughout the state, our firm also has the distinct honor of participating in the agent advisory councils of some of the top carriers in the state include Florida Blue, CIGNA HealthCare, and Humana. This provides us with considerable leverage during client negotiations including in-person discussions with underwriters on behalf of the City. We have also received additional recognitions and have been named a Florida Blue BlueDiamond Producer, CIGNA HealthCare Platinum Broker, and United Healthcare Gold status. These strong carrier relationships allow us to effectively negotiate and implement innovative and cost saving measures. We represent all carriers objectively and hold no interest or ownership in any insurer or TPA; therefore, emphasizing our independent status. The project manager and key persons who will be the main contacts for the City include: Name Role Email: Shawn Fleming Senior Benefits Consultant Shawn.fleming@gehringgroup.com Cameron Burt Employee Benefits Analyst Cameron.burt@gehringgroup.com Karen Walker Senior Account Manager Karen.walker@gehringgroup.com Katie Hughes Account Relations Manager Katherine.hughes@gehringgroup.com The primary contact for purposes of this solicitation is: Name Tel: Email: Cindy Thompson, VP – Operations (800) 244-3696 cindy.thompson@gehringgroup.com In summary, Gehring Group meets all qualification requirements including licensing, insurance, and years of experience, and we are confident that we can continue to provide the City with additional value and exceptional services. Our past success with the City and approach to the business, coupled with our extensive Public Sector experience, familiarity with applicable regulations, market relationships, and enthusiasm make us the broker of choice. We thank the members of the selection committee in advance for the review of our comprehensive response and stand ready to provide any additional clarification upon review of this proposal’s contents. Sincerely, Kurt Gehring, CEO Gehring Group Page 6 Tab 2: Demonstrated Experience Demonstrated Experience of Firm and Project Personnel The following information should be included: 1. A statement of qualifications, abilities, experience, and expertise in providing the requested services. a. A description of what qualifies your firm, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. The Gehring Group, Inc. is a local Florida S-corporation incorporated in 1992 and has spent over 28 years providing expert employee benefits consulting and risk management services to Florida Public Sector clients. With team members having an average of 11.2 years and leadership having an average of 16.9 years of industry experience, Gehring Group has grown to become one of the most respected insurance and risk management consulting agencies in the state. Our success with supporting government employers and their members is evidenced by our 96.8% client retention rate over the past 8 years. Gehring Group currently employs 68 staff members, with remote employees located in Tampa, Sarasota, Bradenton, Orlando, Parrish, and Parkland, Florida. With our teams’ direction, Gehring Group clients have successfully implemented leading edge concepts such as Consumer Directed Health Plans, Onsite Clinics, and Innovative Wellness and Disease Management Programs. In addition to expert level benefits consulting services, we are also known for the value-added services that we provide to our clients at no additional cost including: Legislative Monitoring Consulting & Planning (ACA, CARES Act, Firefighter Cancer, etc.) Employee and Retiree Advocacy Services Actuarial Services Custom Graphics and Employee Communications Wellness Program Planning and Implementation Support Data Analytics, Predictive Analysis and Benchmarking Employee Health Center (Clinic) Consulting Human Resources and Compliance Resources Our philosophy is to provide a comprehensive level of superior brokerage and consulting services to each of our clients. We take an innovative, proactive approach to continuously enhance the quality of our performance level beyond industry standards. We are a collaborating partner, helping each client accomplish their desired benefits program goals by developing long term strategies and working diligently to produce positive results through analytics, innovation and technology. In addition, all service team members have achieved their Florida insurance license and can legally advise employees regarding their benefit options. It is also important to note that Gehring Group team members, including our senior benefits consultants, are paid a salary rather than a commission. What this means for our clients is a depth of centralized resources and a think tank of seasoned experts and professionals committed to serving the needs of all Page 7 clients; collaborating, and negotiating in order to achieve the most cost savings and greatest results. It also means RESOURCES – we employ our own wellness coordinators, ACA experts and graphic designers, and we tap into necessary outside focused resources to benefit our clients such as employment attorneys, Affordable Care Act attorneys, medical physician experts and actuaries with Public Sector health program specialty. It is especially important to our organization that we create amazing client experiences – because we grow by having great references. Our goal is for our clients to realize real dollar savings, while experiencing greater employee satisfaction through increased communication and availability of benefits information. Additional Special Expertise & Competitive Advantages Serving Florida Public Sector entities for over 28 years, our team has accumulated a vast amount of work experience relevant to what is necessary to serve the needs of the City. In addition to our qualifications to perform the requested scope of work, a relationship with Gehring Group also provides the following competitive advantages: • 100% Licensed Client Service Team Unlike many agencies, all Gehring Group team members that interact with our clients and their employees regarding insurance benefits are properly licensed by the State of Florida, not just your Senior Benefit Consultant. This includes Account Managers, Client Service Specialists and Employee Benefits Analysts. When a member of the Gehring Group team meets with your employees regarding open enrollment or for benefits questions, you can rest assured knowing that the members of our team are licensed and qualified to answer benefits related questions. • Free Education, Training and Networking Opportunities Gehring Group offers various educational opportunities geared specifically to the City and their benefits personnel. For example, in addition to our seminars and webinars, each year Gehring Group hosts an annual two-day Insurance Education, Innovation, and Excellence Summit specifically for our Public Sector client organizations. During the summit, we provide engaging sessions on Leadership Training, Wellness, Legislative/Compliance Updates, and Innovation and Trends in Employee Benefits and Risk Management. Here, our clients can interact and have roundtable discussions with their Public Sector peers on topics of their choice. We also host semi-annual two- day Benefits Administrator Workshops for our clients’ benefits administration staff during which we review such topics as the basics of coverage types, plan year administration, the RFP and purchasing process, notional accounts, best practices, statutes surrounding Sunshine Laws, benefit program reporting, benefits program and ACA compliance, and many other topics based on our clients' input. This is another value-added service Gehring Group provides to our Public Sector clients as part of our comprehensive services. Though COVID-19 has driven many of these events to a virtual format, our team has been able to pivot to accommodate and continue to offer these events in an interactive and engaging format. • Actuarial Services Gehring Group has as decades long relationship with the City’s current actuary, Wakely Consulting Group. We currently assist numerous clients in coordinating the required reports and plan information to provide to Wakely. We work in conjunction with Wakely to file the required 112.08 annual filing of actuarial soundness for self-insured medical and prescription drug plans, compile Page 8 annual projections, set self-funded rates, and formulate reserve calculations to ensure independent actuarial review, inclusive within our proposed fee. • In-House Professional Graphics Team Gehring Group provides exceptional, professionally designed Employee Benefit Handbooks and other communication collateral, as well as various wellness and benefits education toolkits to assist our clients with employee benefits education. • No Commissioned Employees In addition to our Public Sector focus, Gehring Group is not organized like a traditional insurance agency. Traditionally, agencies grow by employing a number of producers who sell and manage a “silo” of accounts. Free of this business model, Gehring Group is able to maintain a supportive team environment and culture whereby all employees feel an allegiance and commitment to all of our clients. What this means to you is that all decisions are made based on what is in the best interest of the client. • Public Sector Focus & Experience Since Gehring Group’s client base consists of public entities, our firm is uniquely qualified in its understanding of public entity issues. We understand the bid process and public record laws while maintaining familiarity with the constantly changing and complex statutes that apply to governmental organizations. This specialized knowledge is especially vital when negotiating renewals and program changes with insurance carriers and health insurance consortiums. The experience we offer guarantees that no piece of the puzzle will be missing when a benefit change is implemented. • Experience with Employee and Departmental Committees We also believe it is especially important as your insurance professional to develop credibility and a strong communication base with the Risk Management, Human Resource, Finance and Administrative Departments as well as other overseeing committees in order to ascertain an impartial and thorough analysis of all proposed options. Members of our team actively participate in many of our clients’ employee benefits and wellness committees in various roles, often as an advisor or facilitator. The participation of all parties involved in these meetings and the feeling that an objective, experienced insurance professional has assisted in the coordination of the process, will serve to make any potential transition as smooth as possible. These meetings will also ensure that any changes or recommendations are communicated back to the employee base in a positive and effective manner. • Human Resources & Benefit Administrator Experience In addition to the high level of insurance expertise of our staff, Gehring Group also employs several staff members with significant human resources experience. Having achieved their PHR, SPHR and/or SHRM-CP designation, these employees often serve as an additional resource to our clients facing general HR questions as they relate to employee benefits. Gehring Group also provides the services of ThinkHR, an online and telephonic human resources research and resource tool, to all clients at no additional charge. The most recent educational opportunity relates to COVID-19 and planning for employees to Return to Work while ensuring employee safety. Page 9 • Benefits Technology Experience Our team has over 15 years’ experience in implementing and overseeing a number of employee benefits administration technologies and has a preferred relationship with Bentek®. Due to Gehring Group’s continuous working relationship with Bentek, we are better able to serve in assisting staff and carriers/vendors with implementations, benefit updates and general enrollment questions of any chosen enrollment and administration system. • Corporate Values & Culture At Gehring Group, we have developed a unique culture that has allowed us to attract and retain the best talent available in the marketplace. We understand that the best way to take care of our clients begins with taking care of our employees. This is why we have so many employees that have been with the firm for over 10 years. Longstanding tenure amongst our employees ensures that our clients receive consistent service that they can count on year to year. We are proud to announce that Gehring Group was ranked one of the Top 10 Best Places to Work in South Florida by the South Florida Business Journal, as well as one of the Top 30 best companies to work for in Florida by Florida Trend magazine for 2017, 2018, 2019 and 2020. We are also proud to have earned recognition as one of Florida’s Healthiest Employers by the South Florida Business Journal. Being selected as an honoree for these awards is a great tribute to each and every one of our employees, and reflection of our corporate culture; as well as a reflection of the support we receive from our clients. We strive to create value for our clients in everything we do by aligning our corporate culture and values with the unique needs and goals of our clients. Inherent in our corporate culture, Gehring Group has 30 Keys to Our Collective Success that focus on:  Fanaticism around culture, values, and principles  An unfailing commitment to people  Rigorous attention to detail and execution, and  Flexibility, creativity, and determination to transcend the status quo. In addition to a superior service standard, supporting our clients’ and communities’ needs is a fundamental objective and inherent in our culture here at Gehring Group. We take the role of advocacy to heart when representing your employees on claims issues, and we advocate for the organization when negotiating your renewal. • Community Commitment & Accolades Through the efforts of our Helping Hands and Healing Hearts community service committee here at Gehring Group, our staff regularly provides hands on service in the community including assisting programs run by our clients as well as other charitable and community service organizations. Such community service efforts include but are not limited to: Page 10 o Annual participation in Paint Your Heart Out through Solid Waste Authority, a non-profit organization that offers home maintenance assistance to the disabled, elderly, and low- income families o Volunteering with Habitat for Humanity to build homes for deserving families o Sponsoring the annual Homelessness Breakfast and supporting other initiatives of The Lord’s Place in ending homelessness o Fundraising for the ARC of Palm Beach and hosting events and activities for Arc clients such as “Bowl in the Dark for Arc” o Annual sponsor and volunteers for The Crockett Foundation's Family Health and Community Festival, one of Broward County's largest school-supply donation events where more than 3,000 students and families received school supplies, new shoes, free physical exams, immunizations, and haircuts o Sponsor and volunteers for the annual SunFest Kids’ Day, hosting themed activities for more than 200 children with special needs to enjoy a day filled with games, music, and crafts o Sponsoring the Annual Big Apple Scholarship Luncheon hosted by the Palm Beach County Women's Chamber of Commerce and donating scholarships to up to six women and girls wishing to pursue a higher education. Gehring Group’s commitment to our local community has since been recognized by the following organizations: o Awarded the Corporate Citizenship Award – Legacy South Florida magazine o Nominated for the 2018 Community Giant Service Award – Inner City Youth Golfers’ Inc. o Government of the United States Virgin Islands recognition (trophy) for the support and contribution during recovery efforts for Hurricanes Irma and Maria (present on 12/4/17) o Lifetime Honorary Member of the Florida Sheriffs Association o Arc Angels Corporate Leadership Award 2015 & 2016, presented by Arc of Palm Beach County o Giraffe Business Award, presented by the Women’s Chamber, Palm Beach County o 2017 Volunteer of the Year, presented by Arc of Palm Beach County Page 11 b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or special expertise your firm has in providing employee benefits and insurance services to clients with similar or related business activities, specifically include experience with self-insured health plans offered by government employers. Include a list of current client relationships (local or otherwise), if not included in your references. Gehring Group has been providing expert employee benefits consulting services to Florida Public Sector entities for over 28 years and is uniquely qualified in its understanding of public entity issues. We understand the bid process and public records laws while maintaining knowledge of the constantly changing and complex statutes that apply to governmental organizations. Your Gehring Group Senior Benefits Consultant, Shawn Fleming, and Senior Account Manager, Karen Walker, will continue to be the primary contacts for all services related to the City’s employee benefits program, near-site health center, enrollment, and eligibility, claims issues and day-to-day inquiries throughout the course of the year. They are supported by other Gehring Group staff members including employee benefit analysts, additional account managers, in-house client services representatives, employee advocates and even graphic designers and wellness professionals to ensure all client requests and employee service issues are met promptly. Through our knowledge and expertise, Gehring Group can aid clients in determining which plans represent viable options in order to assist management in making informed decisions regarding new concepts and ascertaining the best interest of their organization. We are also available to formulate and present our analysis and recommendations to employee benefits committees, senior staff and the City Council as needed. With over 60% of our clients operating under self-insured arrangements, our team also has extensive experience in self-funded programs which provides Gehring Group with the industry expertise to successfully coordinate all services between the City and its carriers, TPA’s, stop loss vendors and actuaries. Our experience with the requirements inherent in servicing the self-funded market has enabled Gehring Group to become an extension of our clients’ team, reviewing claim utilization trends and recommending meaningful changes, making recommendations for stop loss deductibles and attachment points, projecting renewals, and proposing out of the box, creative ideas. We offer impartial and independent expertise and are top-tier producers with all major insurance carriers with direct access to negotiate with Public Sector designated underwriters. It is also important to note that our experience extends to onsite/near-site employee health centers (clinics); currently overseeing over 20 employee clinics for our clients, our team has the expertise in clinic consulting to spearhead the process of bidding for, evaluating, implementing and overall management oversight of our clients’ onsite employee health centers. RFP SCOPE OF SERVICES As the City’s current consultant, we have successfully provided and will continue to provide all General, Technical and Market Marke as outlined within the scope of RFP. Throughout our relationship with the City, we have continued to enhance our benefits technology options, provide the highest service standard and increase the number of value-added and communication services. The following acknowledges Gehring Group’s ability to provide all services requested in RFP #29-21 for Employee Benefits Brokerage and Consulting Services. Page 12 General Services As stated above, Shawn Fleming will continue to be the lead consultant for the City, managing the account relationship and readily accessible to City personnel as needed. Shawn and his team are experts in providing each the following services as outlined in the RFP: Provide general and technical guidance on employee benefit issues to include market analysis, trends, contract and statute interpretation and cost containment methods. Assist the City on a regular basis and in a timely manner to provide information, analysis and guidance on any and all aspects of City benefit program policy and administration. Provide input and guidance regarding the City Employee’s Pension Plan s/b City of Clearwater Employees’ Pension Plan. Develop special plan design options as needed (i.e., three [3] tiered medical options, flex benefit plans, etc.). Oversee the plan documents and summary plan descriptions. Review all plan documents for accuracy and compliance with appropriate Federal, State, and City laws and regulations. Assist in the development and review of open enrollment communication materials, including Employee Benefits Highlights Booklet. Create, print, and distribute employee communication materials. Provide a qualified representative to attend meetings with City staff, Management Team, and employees as requested or needed. Make recommendations to City staff and development and present materials to the City Council, if needed. Develop, conduct, and summarize employee satisfaction and/or needs surveys. Advise and assist the City in negotiating renewals for medical, EAP, Basic Life, LTD/STD, dental, vision, AD&D, FSA/DSA, AFLAC, Employee Health Center, etc. Coordinate and present at the Open Enrollment Meetings, City Council Meetings, or health fairs as needed. Remain Health Insurance Portability and Accountability Act (HIPAA) compliant. Apprise the City of current issues in the areas of benefits law and administration. Act as liaison for the City with the best efforts regarding its employees benefits and when dealing with service providers on insurance/contract issues. Seek resolution of employee claims issues and expedite resolution of contractual/coverage/billing disputes. Review and analyze ways to enhance the services provided at the Employee Health Center. Technical Services Claims Review and Analytical Services – Your Gehring Group service team will continue to provide all “Technical Services” as outlined within the RFP. This includes working with the City to secure and analyze financial and claims data from the City’s medical carrier as well as the employee health center on a quarterly basis or as requested. Over the past several years, we have continued to enhance our analytical capabilities through Gehring Group’s NavMD Data analytics platform enabling us to further analyze utilization patterns to determine abuse, overutilization or even fraud. This in-house data analytics tool allows us to evaluate claims data and network utilization in real time to further optimize plan designs by review of claims data. It is a predictive health analytics and health plan management system and provides Page 13 many clinical and risk measures of total populations and subpopulations, integrated with demographic data, compliance averages for Episodic Treatment Groups® of conditions, Episodic Risk Groups®, medical and pharmacy compliance, and condition prevalence. Currently, the City’ claims data is transmitted to NavMD automatically from the carrier on a monthly basis, and our team meets with City personnel regularly to review claims data, formulate renewal projections and conduct budget planning. Legislative and Compliance Services – Throughout our long-term relationship with the City of Clearwater, Gehring Group has always been a reliable compliance resource, providing guidance on legislative and compliance issues relating to COBRA, FMLA, the Affordable Care Act, HIPAA and also Florida State Statutes. In recent years, however, the amount of new legislation has compounded due to the impact of COVID-19 and the federal government’s efforts to mitigate the health and economic effects on employers and the country’s population as a whole. To assist our clients, we have hosted numerous seminars and webinars to provide important information regarding legislation relevant to the Public Sector, outline any actions required and provide valuable tools and resources to assist our Public Sector employers. Some of these educational webinars include (Exhibit D): Date Client Educational Opportunity June, 2019 Client Workshop – Firefighters Cancer Bill & Emergency Responder Death Benefits Amendment Update Workshop Client Workshop – HR Leadership Forum Workshop July, 2019 Client Workshop – Benefits Administration Training & Workshop July, 2019 Webinar – State Legislative Update July, 2019 Florida Public Human Resources Assn 2019 Summer Conference – Health Plan Enrollment – Rules and Strategies October, 2019 Webinar – Wellness Woes: How the DOL is Raining on Macy’s Parade March 19, 2020 Webinar – COVID-19 and the Impact on Public Sector Employers March, 2020 Client Workshop – Benefits Administration Training & Workshop April 1, 2020 Webinar – Families First Coronavirus Response Act: Emerging Guidance & Answers (Expert Panelists: Ben Conley, Ron Kramer of Seyfarth Shaw) April 14, 2020 Webinar – Understanding COVID-19 and the Testing Alternatives April 21, 2020 Webinar – Families First Coronavirus Response Act (FFCRA): Updated Guidance (Expert Panelists: Ben Conley, Ron Kramer of Seyfarth Shaw) April 29, 2020 Webinar – Is Your Website ADA Compliant April 30, 2020 Webinar – Return to Work Considerations and Decision-Making (Expert Panelists: Ben Conley, Ron Kramer of Seyfarth Shaw) June 4, 2020 Webinar – Reopening During a Pandemic: Is it Safe to go back into the Water (Expert Panelists: Ben Conley, Ron Kramer of Seyfarth Shaw) July 21, 2020 Webinar – Questions & Answers on Return to Work and COVID Related Matters (Expert Panelists: Ben Conley, Ron Kramer of Seyfarth Shaw) August 4, 2020 Webinar – Keeping Your Wellness Program Together While Being Apart Page 14 Date Client Educational Opportunity September 10, 2020 Webinar – The Hits Keep Coming: The Latest on COVID-19 (Expert Panelists: Ben Conley, Ron Kramer of Seyfarth Shaw) October 14, 2020 Client Workshop – Benefits Administration Training & Workshop October 29, 2020 Webinar – Protecting Your Organization from Cyber Crime December 10, 2020 Webinar – Practice Cyber Safety While Home for the Holidays January 6, 2021 Webinar – Let’s Talk COVID Vaccines (Expert Panelist: Dr. Pete LoFaso) January 7, 2021 Webinar – FFCRA, COVID Related Employer/Employee Update (Expert Panelists: Ben Conley, Ron Kramer of Seyfarth Shaw) March 17, 2021 Webinar – Outbreak, Vaccine Update, and the Considerations of the American Rescue Plan Act (ARPA) on the Public Sector (Expert Panelists: Ben Conley, Ron Kramer of Seyfarth Shaw) April 21st & 22nd, 2012 Public Sector Client Summit DAY 1: • All In Culture: Leading with Gratitude, Chester Elton, Keynote Speaker • Just the Facts about the Vax, Dr. Pete LoFaso, Board Certified Internist & Dr. Maria San Jorge, Board Certified Pediatrician • Responding to Misinformation:, Dr. Joe Smyser, CEO, Public Good Projects • Tackling Mental Health in the Workplace, Taylor Adams, Director of Workplace Mental Health, Mental Health America DAY 2 • Moving Forward Together: How the Pandemic is Impacting Different Generations, Kim Lear, Keynote Speaker • Wired & Tired: The Physical & Mental Manifestation of Living Through a Pandemic, Dr. Lucy McBride, Board Certified Internist, Mental Health Advocate • Healthcare Outlook Under the Biden Administration, Andrew MacPherson, Managing Partner, Healthsperien In addition to our in-house benefits expertise, Gehring Group retains Seyfarth Shaw’s Benjamin Conley as an additional resource for legal issues and research regarding health and welfare plans, ERISA and other benefits related topics as part of our value-added services. Mr. Conley regularly advises on benefit plan compliance, Affordable Care Act, Section 125, ERISA, COBRA and HIPAA privacy regulations and is a regular expert guest at Gehring Group seminars and webinars. He is also a member of Seyfarth Shaw’s healthcare reform team and regularly consults with various governmental agencies such as the IRS, Department of Health and Human Services and the Department of Labor on health care reform developments, receiving clarification and interpretation of guidance directly from the source. Our compliance team includes our attorney partners, in-house CPA’s, tenured licensed professionals, subject matter experts and seasoned human resources professionals holding the PHR and SPHR designations and remain informed regarding movements in regulatory activities on a very timely basis via our strategic partnerships. Page 15 Benefit Surveys & Market Analysis – One of the most effective ways to acquire employee feedback regarding their benefits program, or any other topic of interest, is through an employee survey. Gehring Group has the ability to accomplish this via paper survey form, or electronically, via the internet. The feedback provided by employees through the survey process has proven to generate valuable information to aid in future decision making. Gehring Group’s concentration in the Public Sector enables us to have access to a significant amount of Public Sector employee benefits benchmark data in-house. This includes statistics on plan benefits, employer contributions, waiting periods, trend factors and other related data. In addition, we conduct local entity surveys on a regular basis throughout various regions of the state of Florida. We realize the value in maintaining a competitive benefits package as it relates to employee hiring and retention. Gehring Group has also developed a new Public Sector benchmarking tool. CAVU is an online employee benefits benchmarking software specifically for Public Sector employers. With this tool, Public Sector employers will have the ability to complete a survey to enter their plan benefits and costs, compare their cost and benefits to other participating employers, and even invite other entities to participate. CAVU can provide valuable information on costs and benefit trends to aid Public Sector employers in making important decisions regarding plan options, schedules of benefits and employer/employee contributions. Our team also performs provider disruption analysis as well as analyses of market trends and program options to determine those carriers, networks and plan options that may be viable for the City’s consideration. We will also provide timely review of medical plan and claims management reports to City personnel. Page 16 Rate Setting and Actuarial Services – Gehring Group has always provided and will continue to provide all required actuarial services related to the City’s self-funded medical and prescription drug plan within the scope of this proposal and cost proposal herein. Gehring Group provides these services through Wakely Consulting Group and our analytical team works in conjunction with Wakely Consulting to perform a variety of actuarial services including: • FL Statute 112.08 annual filing of actuarial soundness of self-funded health plans • Reserve and IBNR calculations • Rate setting and renewal projections • Overage Dependent and Domestic Partner Valuation of Imputed Income Our team will also work with the City’s OPEB actuary to gather all necessary reports for them to complete the GASB 75 OPEB valuation. Annual Notices – Gehring Group works with our clients to ensure they are compliant with all annual notice and disclosure requirements. To assist in this effort, we have developed our “Annual Notices and Disclosures” checklist booklet to ensure that all requirements have been addressed. It provides a description of the notice, when it is due, allowed distribution methods and easy access to links locate the notice. Litigation – In the event the City is involved in litigation arising from requests for proposals, contracting, or employee grievances as it relates to the City’s employee benefits program, Gehring Group will assist the City in providing the necessary materials to the best of our ability and testify if needed. Automated Benefits Administration via Bentek® – Gehring Group has provided the City of Clearwater with the Bentek® Online Enrollment and Administration System for the past ten years inclusive within our annual fee. With Bentek, the City has been able to streamline its benefits administration processes and have a HIPAA secure, comprehensive solution to provide YEAR-ROUND benefits administration services and enrollment capabilities. Upcoming enhancements include payroll integration and the new “Retire Sweet” retiree benefits administration module. Other Florida Public Sector entities that currently utilize Bentek include: Account Name Boynton Beach, City of North Port, City of Cape Coral, City of Oakland Park, City of Career Source Palm Beach County Oldsmar, City of Charlotte County BOCC Oviedo, City of Clearwater, City of Palm Bay, City of Cocoa Beach, City of Palm Beach, Town of Cocoa, City of Palm Springs, Village of Coconut Creek, City of Pasco County Clerk Davie, Town of Pinellas Suncoast Transit Authority Page 17 Account Name Deerfield Beach, City of Port St. Lucie, City of Delray Beach, City of Rockledge, City of Dunedin, City of Sarasota County Sheriff's Office Hernando County Board of County Commissioners South Florida Water Management District Highlands County Board of County Commissioners St. Lucie County Sheriff's Office Hollywood, City of Stuart, City of Key West, City of Tampa Bay Water Authority Keys Energy Services Tax Collector, Palm Beach County Lake Worth Beach, City of Venice, City of Martin County BOCC Wellington, Village of Martin County School District West Palm Beach, City of Martin County Sheriff's Office Government of the US Virgin Islands Naples, City of Virgin Islands Water & Power Authority About Bentek® Bentek® is a system developed over 15 years ago specifically to meet the unique needs of the Public Sector. It is an easy and convenient, online benefits enrollment and administration system that streamlines benefit enrollment by delivering a web-based enrollment solution to over 100 Florida Public Sector entities currently. Via Bentek, our clients have access to a sophisticated, completely paperless benefits enrollment and administration solution that increases efficiencies in numerous ways including: allowing employees to access their benefits information 24 hours a day/365 days a year; providing one central place for employers to administer all lines of benefits coverage for employees and retirees; allowing automated eligibility transmissions to your carriers; providing a more efficient way to record qualifying events and beneficiary designations, and more. The Bentek online enrollment experience, “Enrollment in 6 Steps”, is designed to guide employees through the enrollment process in seven progressive steps, each tracked within the Enrollment Progress Page 18 Bar. During any enrollment process (Open Enrollment, New Hire, Qualifying Event), employees can view both current and future enrollment and deduction information for all benefit options on one page. Bentek is a completely cloud-based benefits enrollment and administration solution that streamlines your administrative processes and provides a comprehensive solution inclusive of the following features: Employee Self-Service • Powerful self-service tool providing employees with 24/7/365 access from the comfort of their homes to view their real time comprehensive benefits summary, review and compare plans, report qualifying life events, upload supporting documents, view dependents, manage beneficiaries for life insurance and retirement plans, and more. • Increased employee engagement with access to current enrollment, cost, plan documents, provider information and a plan comparison tool to assist with enrollment decisions. • Customized content including open enrollment news, embedded links, and access to videos and presentations which create a system that is complete with benefit resources for employees. Open Enrollment • Provides a rules-based enrollment and customized user experience built with benefit logic, alerts, and informational notifications based on the client’s plan eligibility rules specifically designed for the annual enrollment period. • Ability to immediately upload supporting documents for dependent verification upon completing the annual open enrollment session. • Provides a detailed confirmation statement of all elected benefits and deductions that can be saved, printed, and viewed in future sessions. • Ability to access to detailed plan information such as Summaries of Benefits and Coverage, plan summaries, plan comparisons and acknowledge compliance notifications, disclaimers, etc. • Supports passive enrollment to eliminate interruption to daily administration activities. • Supports carrier, plan and rate changes without requiring employees to re-enroll. • Has no blackout periods during renewal planning and set-up. New Hire Enrollment • New hires have access to the New Hire Enrollment module in Bentek throughout their eligibility waiting period to elect benefits, upload supporting documents, and designate life insurance beneficiaries. • Provides a rules-based enrollment and customized user experience built with benefit logic, alerts, and informational notifications based on the client’s plan eligibility rules specifically for new hires. • Ability to immediately upload supporting documents for dependent verification upon completing a new hire enrollment session. • Displays all employer-paid benefits to employees during their new hire enrollment. Benefits Administration • Management of employee demographics, personnel data, coverage eligibility, and dependent records in one single system of record. Page 19 • Automatically transmits electronic eligibility to insurance providers. • Offers administrators visibility into plan statistics and system activity via a customized dashboard and automated system notifications. • Offers an Announcements and Communication Center to reach out to new hires and send reminders to employees during annual enrollment. • Benefit Administrators can approve qualifying life event submissions and generate customized approval, pending, and denial letters. • Personnel and Payroll audit features to maintain the integrity of data between the Payroll system, HRIS system, and Bentek. • Generates self-bills for all lines of coverage. • Provides access to over 40 standard reports. NEW IN 2021!!! With Bentek, employers can now streamline the management of retirees with a single solution to manage the City’s entire population. Bentek’s RetireSweet is packed with features to help Administrators track retiree eligibility, enrollment, premiums, pensions and more. The RetireSweet module includes the following features: • Total years of service (original hire date) • Retirement subsidies and subsidy calculators • Pension plans • Benefit eligibility • Medicare Advantage Plans • Retirement System Data Files • Customized enrollment experience • Individual retiree invoices with custom cover letters • Retiree payment tracking system • Comprehensive retiree reporting • Automated system notifications • Retiree specific dashboards Advantages of the Gehring Group/Bentek® relationship. Lastly, it is important to note the increased level of efficiency that is inherent in Gehring Group’s relationship with Bentek. Common ownership of both firms enables our clients to benefit from this unique synergy and provides Gehring Group with several service-related advantages including but not limited to: • Immediate and increased access to reporting and census data for Gehring Group staff to assist employees with claims issues in a timely fashion; • Ability to provide Bentek staff with information regarding renewal progress, negotiations and information updates; • Full participation from the Gehring Group team during the renewal process, working hand in hand with Bentek team to deliver a world class solution and streamlined communication to employees; and Page 20 • Ability of Gehring Group to leverage relationship with Bentek to affect enhancement requests or changes to the Bentek application based on requirements such as health care reform. Due to Gehring Group’s continuous working relationship with Bentek, we are better able to serve in assisting staff and carriers/vendors with implementations, benefit updates and general enrollment questions. In summary, Gehring Group has the abilities and expertise to meet and satisfy the needs of the City of Clearwater due to our focus on the Public Sector, longevity in the industry and proactive pursuit of innovative cost-saving solutions. It is our goal to truly be an extension of, and valuable resource to the benefits administration and human resources staff at the City of Clearwater. Gehring Group’s successful experience with Florida Public Sector entities is further evidenced by the list of Public Sector clients outlined below, the Letters of Recommendation included in Exhibit F as well as our client testimonials which can be viewed at the following web link: www.gehringgroup.com (scroll to bottom of link). Public Sector Clients Boynton Beach, City of Martin County School District Brooksville, City of Martin County Sheriff’s Office Cape Coral, City of Naples, City of Cape Coral Professional Firefighters HIT North Palm Beach, Village of Career Source Palm Beach County North Port, City of Charlotte County BOCC North River Fire District Children's Services Council of Palm Beach County Oakland Park, City of Citrus County BOCC Oldsmar, City of Clearwater, City of Osceola County Sheriff’s Office Clerk & Comptroller, Palm Beach County Oviedo, City of Cocoa, City of Palm Bay, City of Cocoa Beach, City of Palm Beach County Sheriff’s Office Coconut Creek, City of Palm Beach, Town of Cooper City, City of Palm Harbor Fire Rescue District Coral Gables, City of Palm Springs, Village of Dania Beach, City of Parkland, City of Davie, Town of Pasco County Clerk of Circuit Court & Controller Deerfield Beach, City of Pasco County Sheriff’s Office Delray Beach, City of Pinellas County Sheriff’s Office Dunedin, City of Pinellas Suncoast Fire and Rescue Estero Fire & Rescue District Pinellas Suncoast Transit Authority Estero, Village of Port St. Lucie, City of Fellsmere, City of Riviera Beach, City of Florida Keys Aqueduct Authority Rockledge, City of Florida PACE Funding Agency Royal Palm Beach, Village of Page 21 Public Sector Clients Fort Myers Beach Fire Control District Sanibel, City of Greenacres, City of Sarasota County BOCC Hernando County BOCC Sarasota County Sheriff’s Office Hernando County School District Satellite Beach, City of Highlands County BOCC Seacoast Utility Authority Hollywood, City of Sebastian, City of Indian Trail Improvement District Solid Waste Authority of Palm Beach County Iona McGregor Fire District South Florida Water Management District Islamorada, Village of Islands Southern Manatee Fire Rescue District Juno Beach, Town of St. Lucie County Sheriff’s Office Jupiter Island, Town of St. Lucie County Fire District Employees HIT Key West Housing Authority Stuart, City of Key West, City of Tampa Bay Water Authority Keys Energy Services Tarpon Springs, City of Lake Park, Town of Tax Collector, Palm Beach County Lake Worth Beach, City of Tax Collector, St. Lucie County Lee County Sheriff’s Office Tequesta, Village of Lighthouse Point, City of Government of the US Virgin Islands Loxahatchee River District Venice, City of Manalapan, Town of Virgin Islands Water and Power Authority Mangonia Park, Town of Walton County Sheriff’s Office Marianna, City of Wellington, Village of Marco Island, City of West Manatee Fire Rescue District Margate, City of West Palm Beach, City of Martin County BOCC West Palm Beach Police Benevolent Assn. Solicitation Services Your Gehring Group team would work collaboratively with the City’s Procurement Department to develop RFPs to solicit proposals for those lines of coverage as directed by the City. Our approach to employee benefits advisory services is based upon sophisticated analysis of data, awareness of local and regional options, and the strategic focus to help our clients chart a course for the long term and not just the renewal or the next open enrollment. We consider wellness opportunities and utilize clinic resources as efficiently and effectively as possible. We would work with the City to review all lines of coverage and benefits included in the total employee benefits program package and determine those lines appropriate for bidding. Gehring Group’s traditional marketing process includes a comprehensive analysis of the current programs, past programs, claims history, in addition to numerous other factors including demographics, provider networks, and the local market. In addition to reviewing the incumbent carriers’ renewal quotes, we would review a list of prospective carriers, coalitions and trusts, and clinic providers with HR staff in discussing whether to release any RFPs for the various lines of coverage or clinic services. As an independent consultant our goal is to ascertain that all available products and insurers are considered to ensure that the City finds the best match Page 22 for its needs. As an independent consultant, our goal is to evaluate all available products and insurers to ensure that the City finds the best match for its needs. Solicitation Approach At the foundation of Gehring Group’s technical approach is a commitment to transparency, flexibility, and responsiveness. Our review, marketing, and year-round service processes include the following steps: STEP 1 Discovery Process The first step in the procurement process is the gathering of all information pertinent to your current programs. This includes interviewing staff regarding what they deem to be the positive aspects of their program as well as any areas of particular concern. Discussion of future goals and objectives will be analyzed. We would also collect all relevant plan documents and benefit summaries in order to become familiar with the details of each policy. In addition, a review of your available claims experience, prescription drugs and large claims information, premium rates, wellness initiatives and all other information would take place in order to evaluate your in-force program. At that time, we will determine a tentative schedule for monthly or quarterly meetings, setting a timetable for the release of any RFPs that may be necessary as well as analysis of alternative funding arrangements or stop loss options. Based on Gehring Group’s long- term relationship with the City of Clearwater, our team has a thorough knowledge of all City insurance programs and clinic services allowing for a seamless transition to the new contract period. STEP 2 Presentation of Initial Analysis & Strategic Planning Upon our review of the current program, the Gehring Group will produce a concise analysis of each line of insurance to include any compliance concerns. Due to our specialization in the public entity market, we maintain access to comparative data from numerous other Public Sector entities that is often used to determine how your benefits program equates to those of other like entities. With this information, we can offer insight regarding the implementation of additional programs, such as consumer driven healthcare options and onsite clinics, and make recommendations regarding potential changes to your current program for consideration. It is our job to educate you on any new product in the industry that may reduce administrative burden or aid in the reduction of costs. We also available benchmark data to aid in future benefits decisions. STEP 3 Market Solicitation (The RFP Process) Gehring Group coordinates and assists in conducting all phases of the procurement process for those lines of insurance deemed suitable for bidding. Our involvement in this process can be as comprehensive as you wish. Once we have reviewed all necessary background information and developed our own renewal projection, we will work with staff to develop a timeline of events and compile all RFPs for submission to the insurance market. This includes negotiating renewal rates, working with the procurement division to maintain the integrity of the bid process, assisting in addressing any questions from vendors, and issuing bid specifications directly to the market. Gehring Group has vast experience in the solicitation of all types of insurance and we are confident that acquisition of various competitive options will be accomplished. Page 23 To effectively market an employee benefits plan, we consider many factors. We must present and negotiate a plan that is in line with our clients’ goals, contribution structure, plan design, union obligations, network availability and entity structure. In addition to the required information such as census data, plan design and claims experience, we also consider various other aspects involved in the decision-making process such as stop loss deductibles, prescription drug formularies, top utilized providers, hospital access and the physical location of the entity. Location within the state may have an impact on how robust each provider network is as well as the extent of provider discounts. STEP 4 Proposal Evaluation & Recommendation Upon receipt of proposals submitted in response to the RFP process, Gehring Group will perform a detailed analysis of each program offered based on the evaluation criteria developed with the City’s HR Team. We compare all proposals side by side to the in-force program and illustrate the program differences to include the advantages and disadvantages of each. This will include a detailed cost comparison which outlines the total cost of the program in addition to breaking down the costs related to employer and employee contributions and detailing all applicable proposal caveats. At this time, we will also compare provider networks to determine which proposers may be considered viable options in addition to performing a network disruption analysis and network discount analysis. During this stage in the procurement process, Gehring Group will meet with Staff to review our initial findings. Once our analysis has determined that particular vendors are viable based on cost, schedule of benefits, value-added services, A.M. Best rating, etc., we then attempt to clear up any details that must be clarified prior to making a recommendation. This process is a second level request for clarification and is conducted following the review of submitted proposals. As insurance is one of the few areas in public entity purchasing regulations where simultaneous negotiations can take place, it is always important for the RFP process to include a “best and final” interview process within the RFP timeline, negotiating performance guarantees where applicable. Our team members are active participants in the evaluation and interview process as needed. After such finalist negotiations and continuous communication with staff, we will prepare our formal evaluation and recommendation, based on the needs and goals of the City. STEP 5 Program Implementation & Enrollment After the RFP and evaluation process, Gehring Group team members remain involved and serve as an intermediary between each vendor and the City to assist with contract negotiations, program implementation, and enrollment. Planning for open enrollment begins well before renewal time. Gehring Group’s approach to open enrollment starts with the development of a renewal timeline detailing all aspects of the process, working backwards from the desired open enrollment period. Your Gehring Group Account Manager will be intricately involved throughout the planning and enrollment process, helping to coordinate the various steps of the process including but not limited to: Page 24 • Assisting in coordinating and attending employee informational and enrollment meetings at all sites as determined by the client. Inherent in this process is determining whether enrollment meetings will be mandatory or optional; • Determining open enrollment meeting format (i.e. health fair style vs. group informational meetings vs. one-on-one meetings); • Coordinating meeting locations, times, collateral needed and if carrier representatives are requested; • Developing communication collateral (i.e. open enrollment announcement posters, annual employee benefits guide, etc.); • Facilitating technology partner (Bentek) in providing plan, premium and payroll deduction updates to the enrollment site; • Facilitating cancellation or renewal of current insurer upon written acceptance; • Ensuring that applications and contracts for all new vendors are complete and accurate and forwarded to the applicable vendors in a timely manner; and • Review all vendor contracts to ensure they are in line with what was proposed and presented to the City. Again, our team is available to assist with the annual open enrollment to conduct meetings, give presentations, and meet with employees individually to clarify any questions regarding their coverage. In addition, we can provide additional licensed staff to attend meetings at multiple locations and time slots if necessary. STEP 6 Ongoing Service As part of our continuous service, Gehring Group staff also conducts detailed reviews, analysis, and projection sessions with decision makers at key points throughout the year and is agreeable to meet with the City’s insurance committee on a monthly basis as requested. We consistently track the available claims utilization data of the City’s program throughout the plan year in order to prepare for the renewal process and develop strategies for ensuring that the City gets the most value for its health care dollar. We will provide monthly claim reports and review large claims data to determine whether your programs are running favorably and utilize this claims data to forecast renewal projections and negotiate with vendors. With this information and by conducting a local entity survey, we can partner with you to develop an action plan to accomplish the goals of the City of Clearwater. Additional services provided during our year-round presence at our clients include: • All actuarial services related to the City’s self-funded medical/Rx program • Annual legislative compliance review • Health care reform consulting and advisory services • Legislative updates, seminars and webinars throughout the year regarding numerous legislative compliance issues • Assistance with claims and billing issues (employee advocacy) • Assisting with members individually as needed • Planning and coordinating health and wellness fairs Page 25 • Implementing/maintaining wellness programs and initiatives • Employee communications and graphics services • Onsite clinic RFP, consulting and ROI review (if applicable) • Employee surveys • Benchmark surveys • Wellness program monitoring/consulting Due to Gehring Group’s industry experience, we are confident that we can meet and exceed the City of Clearwater’s service expectations. c. Describe your firm’s efforts to remain current on business and employee benefit issues relating to the City of Clearwater business profile, including industry or association memberships, if applicable. Gehring Group maintains a strong commitment to remain at the forefront of benefit related issues and new legislation, educating our clients in a clear and understandable, timely manner with regard to federal and state legislation. We employ a proactive approach to learning, interpreting, and educating on all applicable regulations as released. Our compliance team includes in-house CPA’s, our attorney partners, tenured licensed professionals, and seasoned human resources professionals holding the PHR and SPHR designations. We believe independence and transparency are important in our role as advisors. In order to play an “independent role” as your employee benefits consultant, Gehring is not currently involved in any specific political, regulatory or legislative activities. We do, however, remain informed regarding movements in regulatory activities on a very timely basis via our strategic partnerships. Strategic Legal Partnership – Seyfarth Shaw Gehring Group retains Seyfarth Shaw’s Benjamin Conley as an additional resource for legal issues and research regarding health and welfare plans, ERISA and other benefits related topics. Mr. Conley regularly advises on defined benefit and defined contribution plan compliance, ACA, Section 125, ERISA, COBRA and HIPAA privacy regulations. He is also a member of Seyfarth Shaw’s healthcare reform team and regularly consults with various governmental agencies such as the IRS, Department of Health and Human Services and the Department of Labor on health care reform developments, receiving clarification and interpretation of guidance directly from the source. One example of this is Seyfarth Shaw’s participation in the American Bar Association’s Joint Committee on Employee Benefits. This is an influential organization that meets regularly with representatives from the IRS to pose issues needing further clarification and discussion. This group oftentimes influences IRS regulatory decisions. Page 26 Focus on Client Education Gehring Group supports the City in our role as advisor on a proactive basis, watching pending legislation, ready to deploy in the face of any new legislation such as the Affordable Care Act, the Firefighter Cancer Bill, and most recently the FFCRA, CARES Act, American Rescue Plan Act (ARPA) & corresponding legislation surrounding COVID-19. We routinely guide our clients with compliance and preparing financially in anticipation of legislative regulations. During this time of legislative change, Gehring Group has taken on the role of becoming an educational resource for our clients by consistently hosting informative seminars and webinars on relevant topics. As part of our commitment to keeping our clients informed and educated, Gehring Group also hosts an annual two-day Insurance Education, Innovation, and Excellence Summit and Benefit Administrator Workshop and training specifically for Public Sector organizations. During the summit, we provide engaging sessions on Leadership Training, Wellness, Legislative/Compliance Updates, and Innovation and Trends in Employee Benefits and Risk Management. Gehring Group provides you with updates regarding any changes in applicable laws and how they might affect your benefits program via our Gehring Group newsletters which are distributed via email. (Samples included in Exhibit E) Gehring Group’s expertise is well-known throughout the state as evidenced by the repeated number of requests for our staff members to be featured speakers at various Florida Public Sector associations and other organizations including:  FCCMA – Florida City & County Managers Association  FMIT – Florida League of Cities  FGFOA – Florida Government Finance Officers Association  FPHRA – Florida Public Human Resources Association  FFCA – Florida Fire Chief’s Association  FRE – Fire Rescue East Conference  FPELRA – Florida Public Employer Labor Relations Association  FAC – Florida Association of Counties  FASD – Florida Association of Special Districts  FERMA – Florida Educational Risk Management Association  Florida Institute of Certified Public Accounting Chapter Meetings  GFOA – Government Finance Officers Association  PRIMA – Public Risk Management Association  Public Sector Healthcare Roundtable  RIMS – Risk & Insurance Management Society  SALGBA – State and Local Government Benefits Association  SHRM – Society for Human Resource Management Gehring Group is also a member of each of the above listed associations through which we are able to stay abreast of all issues Public Sector entities are facing today. Page 27 2. Identification of dedicated personnel to be assigned to the City. Personnel named in the proposal may not be substituted without permission of the City. Include an estimate of each key person’s allocated time to the City of Clearwater’s account. Include an organizational chart identifying the team and reporting structures. a. Resumes, including relevant experience may be included. Gehring Group has a longstanding commitment to quality assurance that starts with a team of qualified, licensed professionals assigned to each client, ensuring that client requests are responded to thoroughly, timely, and with expertise. These individuals are readily accessible to the City’s HR personnel and available for onsite meetings, committee meetings, video conferencing, etc. The team proposed to service the needs of the City has significant experience in the employee benefits arena as well as service to Public Sector entities. In addition, our thorough knowledge of the City’s programs and established relationships with staff allows for a seamless transition to the new contract period. The following includes the members of the City’s service team and their roles and responsibilities: Lead Benefits Consultant: Shawn Fleming, CSFS Responsible for spearheading strategic and budget planning, making recommendations as necessary and providing guidance with regard to plan design, new products, funding options, clinic services, compliance and legislation. He is available as needed for meetings with decision makers and available to make presentations to executive staff, employee committees and City leaders as required. Employee Benefits Analyst: Cameron Burt Works closely with Lead Consultant regarding all financial and analytical functions including compiling and issuing RFPs, evaluation of proposals and aggressive renewal negotiations. Also responsible for monitoring claims utilization, clinic utilization, and large claims, making recommendations relative to utilization patterns and providing budget and renewal projections. Sr. Account Manager: Karen Walker Assists City staff and its employees with day-to-day benefits related issues and serves as a direct contact regarding all service aspects of the benefits program including compliance issues, program implementation, open enrollment coordination and attendance, wellness planning, employee advocacy, and various other service roles. Account Relations Manager Katherine Hughes Works hand in hand with the assigned Account Manager and serves as an in-house member of the service team responsible for coordinating implementations, enrollments, health fairs, etc. and ensuring all day-to-day service issues are addressed. Also responsible for updates to the employee benefits highlights booklet and accuracy of employee communicatons materials. The City’s proposed service team also includes additional staff to provide support to the lead consultant and his team. These team members include Client Service Specialists (employee advocates) who are available to assist employees with complicated claims issues, Wellness Resources, as well as our Graphics Team who Page 28 design the annual benefits guide and additional educational and communication materials including open enrollment posters, wellness brochures and payroll stuffers. (Samples included in Exhibit B.) Our service team model is represented as follows: In addition, the City will also have direct access to additional staff resources with varying specialties and industry specific certifications including: • Registered Employee Benefits Consultant – REBC • Certified Employee Benefits Specialist – CEBS • Professional and Senior Professional, Human Resources – PHR and SPHR • Certified Self-Funding Specialist – CSFS • Certified Healthcare Reform Specialist – CHRS • NAHU – Voluntary/Worksite Benefits Certification • NAHU – Benefits Technology Certification • NAHU – Medicare Certification • USA Mental Health First Aid – National Certification Page 29 Proposed Team Resumes Senior Benefits Consultant: Shawn Fleming, CSFS Professional Licenses: Life, Health & Variable Annuity, Certified Self-Funding Specialist Additional Certifications: NAHU Certified Self-Funding Specialist Education: University of Missouri Degree: B.S., Business Administration Years in Industry: 18 years Expertise and Qualifications Shawn began his insurance career in 2002 pursuant to earning his Bachelor of Science Degree in Business Administration from the University of Missouri. He has served as a Financial Representative for Northwestern Mutual, and immediately prior to joining Gehring Group in 2007, worked with another large brokerage firm. Shawn’s responsibilities included analyzing current benefit plans for partners and employees, developing RFPs, and providing plan analysis to clients. While there, Shawn earned a reputation for using his detailed contract, demographic, and product analysis to ensure proper plan design and selection. Shawn has brought his extensive analytical and presentation skills to his position as Senior Benefits Consultant for the Gehring Group. Approaching 14 years at Gehring Group, Shawn’s focus has remained focused on serving the Public Sector. He has provided employee benefits consulting services for groups with 50 to 5,000 employees, implementing various benefits program strategies and steadily refining his level of expertise in all types of insurance programs and funding arrangements. In addition, Shawn also pioneered Gehring Group’s efforts with regards to onsite clinic/wellness center consultation, a role in which he spearheaded the process for over a dozen Gehring Group clients throughout the state in the successful implementation of an onsite clinic, even integrating preventive and wellness services through the clinic for seamless claims reporting. As the subject matter expert on these initiatives, his expertise in this area combined with his knowledge of the health insurance market makes Shawn a valuable asset to any employer considering managing a self-insured health plan that integrates wellness services via an onsite clinic. Shawn is also well respected as an insurance expert among the various carriers and vendors with whom Gehring Group works. He was requested to serve and remains a current member of Cigna’s Agent Advisory Committee for the Florida Region which provides him with advanced notice of new product offerings as well as the opportunity to share feedback regarding carrier service issues and make recommendations to improve products and services. Client References Shawn currently serves as the Senior Benefits Consultant for such Public Sector entities as the Pinellas County Sheriff’s Office, Hernando County Board of County Commissioners, Charlotte County Board of County Commissioners, Highlands County Board of County Commissioners, City of Oldsmar, and the City of Dunedin. Page 30 Backup Benefits Consultant: Athena Erchard Professional Licenses: Life, Health & Variable Annuity Education: Palm Beach Atlantic University Degree: B.A., Marketing & Psychology Years in Industry: 23 years Expertise and Qualifications Athena Erchard is an experienced employee benefits professional with 23 years of experience in the industry including time at an international brokerage and consulting firm. During the course of her career, she has worked in multiple roles allowing her the unique opportunity to gain an understanding of the client perspective from different vantage points. Athena has spent over 10 years working specifically in the Public Sector large group space analyzing benefit plans, funding arrangements and insurance carrier data, researching and developing employer tools for comparing programs and managing open enrollments, benefit fairs and wellness programs. Her work history is rich, working with all major carriers and large group employers, assisting through the navigation of healthcare reform and the options afforded in this cycle of the benefits arena. Athena has worked as a Senior Marketing Analyst, Account Executive and as an Employee Benefits division manager which provides her clients with an in-depth understanding through organizing and analyzing data to best fit the needs of employer group. Her communication skills and industry knowledge foster a dynamic relationship with both clients and carriers. Her collaborative spirit helps maintain interpersonal relationships between brokers, clients, and employees. She has been instrumental in developing strategies that include various funding arrangements based on client objectives with consideration of the insurance marketplace, budget objectives, benchmarking, and legislative compliance. Client References Athena is a member of the National Association of Health Underwriters, Florida Association of Health Underwriters and Tampa Bay Underwriters organizations. Her current clients include the Highlands County Board of County Commissioners, Sarasota County Sheriff’s Office, West Manatee Fire District and Tampa Bay Water Authority. Employee Benefits Analyst: Cameron Burt Professional Licenses: Life, Health & Variable Annuity Education: Queens College of the City of New York Degree: Bachelor of Applied Mathematics in Computer Science Industry Tenure: 2 years Years with Gehring Group: 2 years Office Location: Palm Beach Gardens, FL Expertise and Qualifications Cameron joined the Gehring Group team in 2018 with a background in quantitative, analytical, and statistical analysis and rapidly proved himself to be a valuable asset to Gehring Group as well as to the clients he serves. Cameron’s comprehensive level of client service and industry knowledge is evident as he serves in the current role as Employee Benefits Analyst. Due to his strong commitment to the client, his strategic thinking skills, and experience in managing both the renewal and implementation process of client benefits programs, he has gained raving fans with his attention to detail and deadlines. Cam also excels in the areas of project management, organizational skills and problem solving. He has served as employee benefits analyst to some of the largest and Page 31 most complex of public entity groups, overseeing various responsibilities such as coordinating the market solicitation process, best and final offer process, and ultimately collaborating with the Lead Consultant to provide formal recommendations. His success in this role has earned him the trust and confidence of not only his clients, but senior Gehring Group personnel. As a valued team member, Cameron works with other Gehring Group staff members including account managers and in-house client services representatives and employee advocates to ensure all client needs are met promptly. Cam is also in the midst of pursuing the Associate of the Society of Actuaries (ASA) designation. Client References Cameron’s experience supporting the Public Sector includes but is not limited to such employers as the City of Boynton Beach, City of Hollywood, City of Stuart, Pinellas Suncoast Transit Authority, Loxahatchee River District, Iona McGregor Fire District and more. Senior Account Manager: Karen Walker Professional Licenses: Life, Health & Variable Annuity Education: James Madison University Harrisonburg, VA Degree: B.S., Business Administration Years in Industry: 23 Expertise and Qualifications Karen Walker will serve as the City’s Account Manager, assisting the City and its employees with the day-to-day benefits related issues. She will be a direct contact regarding all service aspects of the City’s benefits program including implementation, open enrollment, employee claim issues, and various compliance issues. An experienced professional, Karen has over 23 years of combined Human Resources and Employee Benefits consulting and administration experience. She began her career as a Broker Account Representative for Southern Health Services (Coventry Health Care), and her exposure amongst the health carrier industry provides unparalleled practical experience within a learned understanding of their internal processes. Prior to joining Gehring Group 2015, Karen spent 19 years as an independent broker of employee benefits. Her work history is rich working with all major carriers, small and large group employers, assisting through the navigation of healthcare reform and the options afforded in this cycle of the benefits arena. She also has an in- depth understanding of compliance requirements and provides clients with guidance regarding various legislation including COBRA, HIPAA, ERISA, and legislative compliance. Karen joined the Gehring Group as a member of the Account Management Department, where she immediately contributed to the team and earned our clients’ confidence. Her communication skills and industry knowledge foster a dynamic relationship with both clients and carriers. Her collaborative spirit helps maintain interpersonal relationships between carriers, clients, and their employees. Client References Some of Karen’s current clients include the Citrus County BOCC, Highlands County BOCC, Hernando County BOCC, City of Oviedo, City of Northport, City of Dunedin, and the City of Satellite Beach. Page 32 Additional Staff Resources Kurt Gehring, CEO Professional Licenses: Life, Health & Variable Annuity, General Lines Property & Casualty, Surplus Lines Education: Florida State University Degree: BA – Marketing Industry Tenure: 30 years Kurt Gehring is an alumnus of Florida State University and currently serves on FSU’s College of Business Board of Governors. An insurance industry veteran with over 30 years’ experience, Kurt is an insurance expert licensed in Health, Life, and Variable Annuities, Property and Casualty Insurance, and Surplus Lines License. Kurt has successfully recommended, implemented, and serviced various types of employee benefit, workers’ compensation and property and casualty insurance programs, while specializing in the large group market. Recognized for his extensive knowledge, expertise as well as his excellent communication skills, Kurt has been a featured speaker at various conferences on a variety of insurance topics. Kurt founded the Gehring Group with the mission of providing clients the highest level of service, exceeding, not only industry standards, but also client expectations. Recognizing the inherent challenges in servicing organizations with a large number of employees, various contracting parties, and various insurance obligations, the Gehring Group utilizes a unique, team-based approach customized to meet the specific needs of each client. Each Gehring Group employee makes an unprecedented effort to address each situation both promptly and effectively. The success of the Gehring Group is a direct result of this unparalleled service standard. Under the guidance and visionary leadership of Kurt Gehring, Gehring Group clients have successfully implemented leading edge concepts such as Consumer Directed Health Plans, Onsite Clinics, and Innovative Wellness Programs. In addition, the Gehring Group developed Bentek®, an internet-based employee benefits administration system in order to meet the growing benefit administration needs of its clients. This system allows clients to conduct internet enrollments, transmit electronic eligibility to insurance carriers, and provides employees with access to an “Employee Benefits Center” help site. The Gehring Group’s growth and success in maintaining long lasting client relationships is a result of its strong commitment to personalized service to its clients as an independent resource, facilitator, advocate, and advisor. Kate Grangard, CPA, Chief Financial Officer Professional Licenses: Certified Public Accountant, Certified Health Care Reform Specialist Honors: Board Member – The Lord’s Place; 2016 Class of “Leadership Florida” Education: Fordham University Degree: BS – Business Administration, Public Accounting Industry Tenure: 25 years Kate Grangard graduated with honors from Fordham University in 1987 with a B.S. degree in Business Administration with a concentration in Public Accounting. She is a licensed Certified Public Accountant in Florida and has also held licensure in New York. Kate is a member of the American Institute of Certified Public Accountants, the Florida Institute of Certified Public Accountants, and an associate member of the Association of Certified Fraud Examiners. Kate started her career in public accounting with the Metropolitan Services Group of Price Waterhouse in Manhattan. As an auditor, she worked on a variety of industry clients including financial Page 33 institutions, insurance companies, and pension funds. After moving to Florida, she continued her Price Waterhouse career in the West Palm Beach office. Kate also spent eleven years as Vice President of Finance for a Florida based regional restaurant chain. In her position, she developed and managed the accounting, risk management, employee benefits, and information technology departments. In this executive position, she designed and implemented highly successful internal control and risk management programs and formulated and implemented company policies and procedures. In addition, in the finance arena, she successfully obtained senior debt facility commitments and maintained the commercial bank and financing partner relationships. Kate brings her extensive management, finance, audit and analytical experience, and customer service commitment to her leadership role with the Gehring Group. Additionally, as CFO of Gehring Group for over 14 years, Kate is responsible for overseeing the growth and development of the Company’s finances, infrastructure, and staff so that Gehring Group is able to meet its commitment to provide the highest level of customer service to its clients. As the legislative compliance lead, Kate is also a highly respected and requested speaker, including as Keynote, on healthcare legislation at various Public Sector conferences including GFOA, SALGBA, FPHRA, FGFOA, and FPELRA. She also authors and presents webinars and seminars throughout the year believing her role to be an educator committed to informing clients regarding compliance and planning. She is also a provider for Continuing Education credits for CPA’s, insurance agents, and human resources professionals; and her sessions are regularly also accepted for credit for payroll professionals and attorneys. In addition, Kate has always had a strong commitment to her community and to the Public Sector clientele Gehring Group serves. She currently serves on the Health Care Reform committee as part of the legal working group of the Council of Insurance Agents & Brokers; as a member of GFOA’s CORBA (The Committee on Retirement and Benefits); and on the Employer Working Group of NAHU (National Association of Health Underwriters). Kate loves her South Florida Community and currently serves on the Executive Board of The Lord’s Place, an organization in Palm Beach County dedicated to breaking the cycle of homelessness; is a mentor for Women of Tomorrow; and a 20+ year member of the Jupiter-Tequesta Kiwanis Club. She is also a graduate and active lifetime member of Leadership Florida (Class XXXV). Anna Maria Studley, Director of Client Development Professional Licenses: Life, Health & Variable Annuity Education: Suffolk Community College Degree: Associates – Accounting and Business Administration Industry Tenure: 35+ years A 13-year veteran of serving the Public Sector here at Gehring Group, Anna Maria Studley is a seasoned professional with over 35 years of experience in the insurance industry and has obtained vast experience undertaking many roles in the insurance sector. Her work history includes time as a General Agent and a Consultant, experience with two national insurance carriers, operating a third-party administration company, and experience as Director of Account Management with a national brokerage firm. Her responsibilities have included: providing proactive solutions and benefit consulting, analysis of benefit plans and claims utilization, oversight of the RFP and evaluation process, management of various funding arrangements, legislative compliance oversight, and the handling of escalated member issues. Licensed in 26 states, she has also serviced such large employers as IBM and American Express where she managed several multi-state employee benefit programs, performed health insurance claim audits, and assisted with the completion of required legislative Page 34 documents. Her expertise in compliance issues, state and federal regulations also make her a valuable asset the Gehring Group team and the clients she serves. In addition, Anna Maria brings invaluable insight and experience from her employment experience with two national health insurance carriers. Her years at these carriers enabled her to gain special expertise regarding the inner workings of an insurance carrier and provided the opportunity for the establishment of significant industry relationships. As Director of Client Development and resource to Gehring Group’s service teams, Anna Maria is responsible for overseeing all aspects of client service and technical analysis to ensure delivery of the highest level of service with the ultimate goal of achieving both client and member satisfaction. Her experience at Gehring Group includes supporting clients large and small, bringing the experience and knowledge to lead each client in its effort of maintaining a cost-effective program. She is supported by several other Gehring Group staff members including account managers, benefits specialists, and analytical staff. Anna Maria has obtained her certification as a National Council Mental Health First Aid instructor who is able to proactively provide solutions when addressing increasing concerns around mental health and substance use disorders. She has also achieved the National Association of Health Care Underwriters’ Medicare Certification which meets all CMS requirements and complements each plan sponsor’s plan-specific training. Wellness Coordinator: Joelle Kantor Professional Designations: MCHES, CCWS Education: University of North Florida Degree: B.S.H., Community Health, Minor Health Education Industry Tenure: 5 years A skilled professional with focus in corporate wellness program implementation, Joelle has valuable experience in designing and implementing wellness, fitness, and health improvement programs and promotions. Joelle’s experience involves working with both large and small employee populations, and she is focused on long-term participation and results. As Wellness Coordinator at Gehring Group, Joelle employs a combination of experience, knowledge, enthusiasm, coordination, and empathy to deliver cost saving, achievable, proven, and innovative programs to our clients. During her years working in this specialized field, Joelle has worked in both the private and Public Sectors and has achieved a reputable resume which includes the planning and coordination of aggressive wellness program initiatives, wellness fairs and biometric screenings for populations of 50 to over 2,000 employees. In addition to these accomplishments, Joelle holds a bachelor’s degree in Health Science from the University of North Florida, with a Minor in Health Education, and has also achieved the Master’s Certified Health Education Specialist and Certified Corporate Wellness Specialist health and wellness related credentials. Joelle serves as a wellness resource for such large Public Sector employers including the City of West Palm Beach, Village of Wellington, City of Coconut Creek, and City of Lake Worth. Page 35 Tab 3: Program Description & Method of Approach Program Description and Method of Approach Clearly define the program offered and your method of approach to include, but not limited to the following elements: 1. EMPLOYEE BENEFITS ASSESSMENT AND ANALYSIS: Provide a summary of your firm’s process in conducting risk assessment and analysis for firms similar to the City of Clearwater. Identify resources to be used, if not already part of the proposed service team. Provide samples of internal or external reports that are a product of such assessment and analysis. Based upon the information currently available, identify areas of emerging risk relative to the City of Clearwater operations, or risk warrants greater attention. As an independent agent/consultant, Gehring Group focuses on recommending programs that best meet the needs of our clients. Inherent in this process is evaluating the programs currently in force and available solutions. Although this includes evaluating cost factors within our analysis; we also take into consideration plan benefits, network availability and discounts and how they may vary from carrier to carrier and region to region. A.M. Best rating and reputation for service is also considered in our goal of ensuring that each client’s program is in line with their employee benefits philosophy and budgetary constraints. During Gehring Group’s long-term relationship with the City of Clearwater, we have been able to utilize the RFP process as well as our significant market leverage while the City was under a fully insured medical funding arrangement. Since the transition to a self-insured program in 2013, Gehring Group has worked with City staff to not only focus on premium costs, but also on behavior modification with an emphasis on driving better overall health outcomes. This includes a focus on preventive care, prescription drug adherence and consistent evaluation of preventable chronic conditions through regular provider visits. Creating a healthier employee population ultimately results in lower claims costs in the long term as well as lower increases in medical and prescription drug expenses. THIS APPROACH INCLUDES: Deep dive analysis into detailed claims reporting utilizing Gehring Group’s in-house NavMd and Aviso analytics platform; Identifying and targeting modifiable health behaviors and plan cost drivers to encourage appropriate utilization of healthcare dollars; Identifying emerging risk categories to proactively make recommendations for cost saving solutions; Implementation of wellness strategies and disease management programs to impact high-cost targets; and Analysis of implemented programs and results, making adjustments as necessary based on the data. Consequently, the City’s positive outcomes are the cumulative result of many strategic efforts including the implementation of the Employee Health Center, incentivized health risk assessments, and the Motivate Me Page 36 program. This has been evidenced by the below average cost increases (3.1%) experienced by the City in comparison to national trend due to the implementation of the Health Center and subsequent programs. One example is the identification of diabetes as a high-cost chronic condition through our NavMD Analytics tool. With this knowledge, an employer is able to consider making changes to plan design to encourage better self- care by reducing costs for treatment. As a result of our analysis of the City’s claims and the implementation of the Motivate Me program for the 2020 plan year, along with the integration of wellness services at the Employee Health Center, the City of Clearwater experienced favorable outcomes that include: Wellness screenings rates 10% above the Cigna Public Sector norm Preventative screenings at 9% above the Cigna Public Sector norm 82% diabetic medication compliance rates (vs. Cigna norm of 72%) 800 employees earned incentives in year one of the Motivate Me program We look forward to continuing our efforts with the City to further mitigate claims costs through strategy and innovation and foster a culture of wellness among City employees. Emerging Risks Some of the major areas of emerging risk for all employers includes the onslaught of the COVID-19 global pandemic and the unknown burden it will place on employers as well as the mental health of the nation. Additional risks include the rising costs of specialty medications and the introduction of gene therapies as addressed below. COVID-19 Pandemic At the beginning of the COVID-19 global pandemic, Gehring Group immediately provided our clients with educational and legal resources particularly in regard to the new employment rules and regulations as established by the FFCRA and the CARES Act, and now ARPA, to ensure that all of our clients were compliant and remained up-to-date with legislation that was changing on a daily basis as it related to employment law, absence management, benefits administration, and insurance coverage changes. In the last six months Gehring Group has held six legislative update webinars and established a Client COVID-19 Client Resource Center. Our webinar topics entailed: • Impact on Public Sector Employers • Families First Coronavirus Response Act: Emerging Guidance & Answers Page 37 • Understanding COVID-19 and the Testing Alternatives • COVID-19 Return to Work Considerations and Decision Making • Reopening During a Pandemic: Is it Safe to go back into the Water? • Protecting Your Organization from Cyber Crime • Let’s Talk COVID Vaccines (Expert Panelist: Dr. Pete LoFaso) • FFCRA, COVID Related Employer/Employee Update (Expert Panelists: Ben Conley, Ron Kramer of Seyfarth Shaw) • Outbreak Period, Vaccine Update, and the Considerations of the American Rescue Plan Act (ARPA) on the Public Sector (Expert Panelists: Ben Conley, Ron Kramer of Seyfarth Shaw) Gehring Group will continue to monitor and assist our clients throughout this pandemic and provide all the tools and resources available to the City which includes monitoring claims exposure, return-to-work products, as well as virtual solutions for employee communications and open enrollment. Mental Health Recognizing that the status of mental health of our employees has become an ever-increasing concern for employers and the nation as a whole, Gehring Group has made several investments to expand our knowledge of the issue. This includes having two Gehring Group employees obtain their certification as National Council Mental Health First Aid instructors who are able to proactively provide solutions when addressing increasing concerns around mental health and substance use disorders. In addition, Gehring Group’s most recent annual two-day Public Sector Summit included a significant amount of relevant content to provide information and communication solutions to help employers address the concern including: Tackling Mental Health in the Workplace, Taylor Adams, Director of Workplace Mental Health, Mental Health America Moving Forward Together: How the Pandemic is Impacting Different Generations, Kim Lear, Keynote Speaker Wired & Tired: The Physical & Mental Manifestation of Living Through a Pandemic, Dr. Lucy McBride, Board Certified Internist, Mental Health Advocate Responding to Misinformation:, Dr. Joe Smyser, CEO, Public Good Projects Specialty Pharmacy Cost Escalation As mentioned previously, specialty pharmacy costs are exceeding all costs at an extremely rapid pace. Gehring Group continually monitors solutions that are available in the marketplace to help reduce the exposure of these exorbitant cost increases. We have identified several areas of opportunity to assist the City in reducing these costs and will consider further throughout our renewal discussions in the future. Gene Therapy Treatments Beginning 2020, Gehring Group recommended the City implement the Embarc Benefit Protection Program administered by EviCore Healthcare to protect the City from the high cost of gene therapy. Breakthrough and potentially life-changing gene therapies are emerging, and by 2025, the FDA anticipates approving between 10 to 20 gene and cell therapies each year. Gene therapies are expensive and a single treatment can cost millions of dollars. The high cost threatens access to these life-changing therapies if health plans cannot afford to cover them. This solution creates Page 38 financial protection to the City by not exposing the City’s health plan to these high cost gene therapies and gives participants access to these life-changing therapies for less than $13,000 a year. At initial launch, this network solution offers financial protection against the first two high-cost gene therapies in the marketplace. Luxturna, which is used to treat a rare form of inherited retinal dystrophy which causes blindness will cost $850,000 per treatment (two eyes) and Zolgensma, a one-time treatment for spinal muscular atrophy at a cost of $2.1 million per treatment. Over the course of the next five years, the program will assess whether additional therapies will be added to this solution as they come to market. Gehring Group will keep the City apprised not only of those emerging risks, but also any potential programs or solutions to mitigate the amount of risk to the City. Page 39 2. MARKETING: Describe your firm’s proposed marketing processes and strategies. Provide comment on current program structure and pricing (to the extent possible) with particular emphasis on your firm’s assessment of the insurance market. Include identification of resources that are not part of the proposed service team. Provide a suggested listing of markets that may be considered for each major line of coverage, including your rationale for such a course of action. Include any intermediaries to be used and your relationship with those companies. (Note: The City is requesting a sample only of the markets that your company would use for an account of the size of Clearwater). Marketing & Strategic Planning An employee health benefits program is one of the most significant cost drivers in any employer’s budget, as well as the greatest tax favored benefit an employer can provide an employee. In the current COVID and regulatory environment, the resulting changing marketplace, and the widespread availability of technology tools – benefits program management, cost mitigation, communication and compliance are achieved for our clients through people, planning, innovation, process, and product. Gehring Group’s strategy and service philosophy center around remaining involved with the City of Clearwater on a year-round basis with extensive strategic planning, data analysis and setting of future goals. We review all lines of coverage and benefits and work with the City’s HR Department and Purchasing to develop the RFP and determine those lines suitable for bidding. Gehring Group’s traditional marketing process includes a comprehensive analysis of the current programs, past programs, claims history, in addition to numerous other factors including demographics and the local market and is fully described in Tab 2 above (Solicitation Services). In addition to reviewing the incumbent carriers’ renewal offers, we would review a list of prospective carriers, coalitions, and trusts with HR staff in determining whether to release any RFPs for the various lines of coverage. Gehring Group employs a number of strategies in developing a long-term strategic plan. Our plan includes regular meetings with you to understand your organization's goals, budget, organizational considerations, culture, and plan competitiveness compared to benchmark and local entities. Additionally, we look at your organization’s loss experience for multiple years and perform analytics on your data utilizing in-house software and technology to develop forecasting scenarios for your current plan design and providing the City with annual budget projections based on actual claims utilization. Our review also considers agreements made through collective bargaining as well as retiree offerings. In our lengthy experience serving the Public Sector, we have learned that each client’s needs are unique; from geographic location and employee demographics to union relations and retiree coverage; therefore, Gehring Group utilizes a customized approach to determining the needs and priorities of each client, focusing on making recommendations that are sustainable and specific to the client and their specific situation. Our goal is to recommend programs to drive long-term cost savings versus merely reducing benefits to the employee population to drive cost savings. One example of a client’s long-term strategy included a three-year path to increasing the aggressiveness of their wellness program with the goal of targeting unhealthy lifestyles – adding incentives for physical activities in the first year; adding wellness health targets verified by physicians in the second year; and finally, a non- smoker incentive in the third year, all while monitoring utilization and making plan changes to curb abuse year over year. Other clients have set goals to transition from a fully insured arrangement to a minimum premium arrangement in order to get more comfortable with the concept of self-funding. The City of Clearwater is an innovator in the market, already implementing such concepts as an onsite employee health center, onsite health coaches and wellness coordinators and incentives for participation in health risk assessments. Page 40 We understand that employee benefits are a very important aspect of an employee’s compensation package. Accordingly, we agree that a long-term strategic benefit plan must be in place to allow both the employer and employee anticipate and prepare for stepped change be if financial or in regard to plan design. Gehring Group’s goal is to maintain long-term client relationships and assist our clients in developing long range strategies to conform to the client’s overall financial goals. Getting the most out of your benefits dollar is one of our primary goals when servicing our clients. Gehring Group is also known for being an innovator in the employee benefits marketplace. We evaluate all emerging cost saving options to determine viability for our clients and review new plan options made available under new legislation. For example, we were the first to implement consumer driven health plans as well as other cost saving strategies such as onsite clinics in the Public Sector. Through our knowledge and expertise of all types of plan designs and funding arrangements, Gehring Group staff is able to aid our clients in determining which carriers and programs represent viable options in order to assist management in making better-informed decisions regarding the implementation of new concepts and ascertaining whether they are in the best interest of the organization. For some groups this may mean consolidating the number of plans to better consolidate risk and reduce adverse selection, while for other entities it may mean providing more plan options to better accommodate the needs of various types of employee populations within the entity who may be seeking varying coverage levels or alternatively, more affordable premium costs. We also evaluate the benefits of various other concepts including telemedicine, value-based plan designs, specialty physician designation cost share differences, plans with “narrow networks”, carving out pharmacy coverage with a pharmacy benefit manager (PBM) and live diabetic monitoring with mobile-enabled glucometers via a third-party diabetes management vendor. Gehring Group remains ahead of the curve with regard to evaluating and implementing new cost saving concepts in order to locate creative cost saving solutions and guide our clients through the entire selection and implementation process. We review and consider all available cost saving options when developing a strategic plan with our clients. City of Clearwater Current Benefits Program Status The City’s employee benefits program offers a robust menu of coverage options which are necessary for the City to remain competitive in its recruitment efforts to attract and retain the best talent. The City’s medical and prescription drug plan is a partially self-insured arrangement which has consistently operated at surplus levels since inception in 2013. The City’s plan offers a traditional co-pay structure for routine and health maintenance services while less routine services are subject to deductible and coinsurance. As a result of a focus on wellness, preventative care, and health management, the City has been able to maintain a rich schedule of benefit with minimal changes, even including benefit enhancements in recent years. The City’s plan design in conjunction with the services provided by the Employee Health Center ensures that employees have low-cost or no-cost access to necessary healthcare. This arrangement serves as an additional measure in the efforts to avoid catastrophic costs in the long term. Gehring Group negotiates the administrative services agreement with the City’s medical and pharmacy third-party administrator who is hired to administer the medical plan and negotiates key contract provisions and guarantees. This includes negotiations of additional funds to provide a full-time, onsite wellness coordinator and health coach through the Health Center. Gehring Group consistently analyzes the City’s offerings to make recommendations for changes to maximize efficiency as the landscape for medical care changes. Page 41 Stop loss or reinsurance is purchased to protect the City against unavoidable catastrophic losses on both an individual claims level (per person) and aggregate claims level (the whole group’s total claims). Each year the Gehring Group, analyzes the stop loss coverage to ensure that adequate coverage and competitive deductibles and premiums are in place. When necessary, deductibles and/or coverage levels may be adjusted in order to re-balance the City’s exposure against claims costs versus premium costs to reduce the overall cost to the City. The City’s dental, vision, and life programs are fully insured with a variety of dental options for employees. Insurance Markets Considering that the number of major medical insurance carriers has continued to shrink over the past years, it is important to consider not only the cost of the proposed plans, but also the value-added services that you may be gaining or losing by switching carriers. These services may include wellness dollars, wellness program options, assistance with Medicare D filings with CMS (Centers for Medicare & Medicaid Services) and the depth of disease management programs. As an independent agent/consultant, Gehring Group focuses on recommending proposals that best meet the needs of our clients. We take into consideration how plan benefits may vary from carrier to carrier as well as A.M. Best rating in our goal of providing each client with the program is most in line with the client’s employee benefits philosophy and budgetary constraints. The following includes, but is not limited to, insurance markets with whom Gehring Group may consider for the City during the market solicitation process for each major line of coverage: Medical (Includes TPA & Stop Loss Vendors) • Aetna • AIG • AvMed • CIGNA • Creative Risk Underwriters • Florida Blue • The Guardian • HCC Life Insurance Company - Tokio Marine • HM Insurance Group • Humana • Optum • Reliance Standard • Roundstone Insurance • Sun Life • Symetra • TMS Re • UnitedHealthcare • Unum • Voya Financial • UMR Pharmacy Benefit Managers • American Health Care • ARMSRx • BeneCard • CVS Caremark • Envision Pharmaceutical Services • Express Scripts • Kroger Prescription Plans • LDI Integrated Pharmacy Services • PBM Plus • Magellan Rx Management • Optum Rx • Pharmavail • Prime Therapeutics • ProCare Rx • Progressive Medical Inc. • Rx Savings Solutions • Serve You Custom Prescriptions Mgmt. • Southern Scripts • US Script • WellDyneRx Page 42 Dental • Aetna • Ameritas Group • AmWins • Argus • BrightBenefits • CIGNA • Delta Dental • Florida Blue • Florida Dental • Guardian, The • Humana • Liberty Dental Plan • Lincoln Financial Group • MetLife • Mutual of Omaha • Principal Financial Group • Reliance Standard • Renaissance Family • Solstice • The Standard • Sun Life • United Concordia • United HealthCare of Florida (Public) • Unum • Versant Health Vision • Aetna • Ameritas Group • AmWins • Argus • Avesis Vision Plans • BrightBenefits • CIGNA • EyeMed • Florida Blue • The Guardian • Humana • Liberty Dental Plan • Lincoln Financial Group • MetLife • National Vision Administrators • Principal Financial Group • Reliance Standard • Renaissance Family • Solstice • Sun Life • Superior Vision • United HealthCare of Florida • United Vision • Unum • Versant Health • VSP EAP • Aetna • CIGNA • Corporate Care Works • Florida Blue • Guardian, The • Humana - RFP Inbox • Integrated Behavorial Health • Liberty Mutual Group Benefits • Lincoln Financial Group • Magellan Healthcare • MetLife • MH NET • Mutual of Omaha • New Directions • New Horizons • Optum Health • Solstice • The Standard • UnitedHealthcare • Unum Life, ADD & Disability • AIG • CIGNA • Florida Blue • The Guardian • Hartford • Humana • Liberty Mutual Group Benefits • Principal Financial Group • Prudential • Reliance Standard • Renaissance Family • The Standard • Sun Life • Symetra Page 43 • Lincoln Financial Group • MetLife • Mutual of Omaha • Ochs • Trustmark Insurance • UnitedHealthcare • Unum • Voya Financial Supplemental • Activ4Pets • Aetna • Aflac • AIG • Allstate • American Fidelity Assurance Company • Assurant • Benistar • Chubb • Cigna • Colonial Life • Family Life • Florida Combined Life • ID theft Watchdog • InfoArmor • Legal Shield • LegalZoom • Liberty Mutual Insurance • LifeLock • MetLife • Lincoln Financial Group • Mutual of Omaha • Nationwide • New York Life • Ochs • Optimed • Pet Assure • Pet Benefit Solutions • Preferred Legal • Principal Financial Group • Reliance Standard • Sun Life • Symetra • Transamerica • Trustmark • United Healthcare • Unum • US Legal • VOYA • Washington National Insurance Co Page 44 3. DATA MANAGEMENT: Provide commentary on the projected needs for the City of Clearwater relative to data management and your firm’s approach to meeting those needs. Include resources or systems that might be utilized to enhance this area of benefits management. Data Management with Bentek® As a long-term client of Gehring Group, our team helped the City to achieve additional benefits administration efficiencies associated with open enrollment process and benefits program as a whole through the implementation of the Bentek Online Enrollment System. Based on our recommendations, the City of Clearwater conducted its first paperless open enrollment process 2007. The City continues to utilize the Bentek system today to reduce the burden of the administration of its employee benefits program. Bentek® segregates processes and embodies three online modules: 1. The Client Administration System allows for one point of entry for employee benefits data management and performs the functions of an employee benefits data management system all year round, allowing for regular electronic transmission of eligibility data to carriers. 2. The Open Enrollment Module allows internet access for employees to confirm or make changes to their benefits and/or plan selections for the upcoming plan year. 3. The Employee Benefits Center allows internet access to employees giving them the capability to view and modify (as allowed) and request modification of their benefit elections and deductions, and link to benefit booklet information. Through Bentek, the City has been able to better manage life insurance beneficiary designation, achieve automatic transmission of eligibility updates to multiple insurance carriers, simplify the reporting of qualifying events subject to the administrators acceptance, have the ability to print a report of changes to employee benefits for bill reconciliation, maintain coverage data for ACA filing purposes, and offer an employee benefits center with links and forms that mitigate informational request calls to HR; in short, Bentek® serves as another member of your benefits administration team. It remains a customizable solution that has proven itself an invaluable, easy to use resource for over 100 Florida clients, who have applauded the responsiveness and professional knowledge exhibited by Bentek staff. Bentek continues to enhance its enrollment platform with recent new features such as dashboard widgets, employee text messaging, customizable reports, multi-factor authentication, decision support plan comparisons, and retiree administration (Retire Sweet®). In addition, the new Admin Assist feature allows administrators to log in as an employee to see what they see and answer enrollment questions much more quickly. Additional information regarding the advantages and features of the Bentek software is included in Tab 2, question 1(b). Page 45 Data Management with NavMD Data Analytics Self-insured programs, such as the City of Clearwater’s, require consistent attention and monitoring; therefore, we perform monthly, quarterly, and annual in-depth analysis of the overall plan performance data utilizing Gehring Group’s NavMD Data Analytics Platform. Through our in-house NavMD platform, we are able to provide trend analysis, risk segmentation, high claimant stop-loss reimbursement reports, premium and funding assessments, provider network utilization analysis and most recently COVID-19 utilization summaries. This consistent monitoring and review will help determine whether renewal projections are in line and allow for any adjustments to budget expectations. Gehring Group utilizes the NavMD data analytics platform to evaluate claims data and network utilization for our self-insured clients even further. Gehring Group NavMD Analytics is a predictive health analytics and health plan management system. It provides many clinical and risk measures of total populations and subpopulations, integrated with demographic data, compliance averages for Episodic Treatment Groups® of conditions, Episodic Risk Groups®, medical and pharmacy compliance, condition prevalence and slide calculators that automatically calculate Value Based utilization for pharmacy, (medical possession ratio) and outpatient best practice standards of care. Plan Design Modeling is supported by the rich Data Analytics & Reporting capabilities, the Plan Modeling component is a core feature of the system designed to provide the information necessary to add value to health care planning. Whether you want to employ value-based plan design through employee intervention and wellness programs, or simply better track your high-cost populations in order to contain cost and retain higher cash flow, the Plan Modeling tool is where we capitalize on diligent data analysis. These tools provide comparative analyses on proposed plan strategies using historical claims data by simulating the effect of plan modifications. Forecasting and modeling both simple and complex strategy adjustments against actual claims experience in your health plan. These tools interactively support creativity in plan design, producing innovative approaches modeled for higher cost savings, increased cash flow and improved plan efficiency. The following includes various dashboard and utilization reports created in Gehring Group’s NavMD Data Analytics platform utilized to conduct various types of analyses for our clients to pinpoint key metrics such as high-cost conditions, potential provider or benefit overutilization, wellness targets, etc. This tool also provides high level benchmarking that is real-time and specific to other Public Sector employers of similar demographics. Utilization Summary Report Top 10 Conditions Benchmark Comparison Top 10 Physicians Top 10 Facilities Top 10 Places of Service Top 10 Pharmacies Top 10 Pharmacy Claimants Formulary vs. Non-Formulary Spend COVID Filter Repot Pharmacy Relationships Risk Index by Demographics Risk Index Summary Risk Index Ranges by Cost Cost Sharing Reports including: o Member vs. Employer o By Participant Division (employee/cobra/retiree) o By Plan Option Page 46 Samples are included below for illustration purposes. Additional sample reports are included in Exhibit C: Sample Reports & Work Product. Each of the above reports were generated in-house with Gehring Group’s NavMD Data Analytics platform. Page 47 4. PROGRAM DESIGN: Provide a brief summary of potential program designs that may be appropriate for the City of Clearwater for the major lines of coverage. Include the rationale for your suggestions. Given the information provided, identify your firm’s key strategies in evaluating the optimum alternatives for the City of Clearwater in the major lines of coverage. The City has been very proactive in implementing numerous cost and health improvement strategies over the past 12 years. Gehring Group looks forward to continuing our successful relationship with the City to further our mutual efforts and propose strategies to drive long-term cost mitigation and savings for its medical and prescription drug programs. Furthermore, we will continue our discussions regarding various innovative strategies that include, but are not limited to: • The implementation of a Value-Based Benefit Program – This type of program would, for example, reward those individuals with chronic conditions by providing lower deductibles, copays, etc. as a reward for proper adherence to the appropriate standards of care. • Additional promotion of Centers of Excellence – We would further investigate the implementation of network steerage programs to encourage members to utilize “centers of excellence” programs and facilities for specialties such as orthopedic and cardiovascular services, in addition to transplant services. • Specialty Pharmacy Programs – Specialty Pharmacy costs continue to outpace all other medical and prescriptions costs at an extremely rapid pace. Gehring Group continually monitors solutions that are available in the marketplace to help reduce the exposure of these exorbitant cost increases. • Price Transparency Tools – Gehring Group is investigating a number of price transparency tools that can be integrated with our NavMD data analytics platform to provide additional cost information that can be used to drive plan change and other program design decisions. • Interactive Wellness Programs – There are a number of interactive wellness and coaching programs that can be implemented to increase employee engagement in the treatment of their own chronic conditions. Some of these options include Omada for Diabetes Prevention and Physera for virtual physical therapy. Utilizing the knowledge gained through extensive data analysis, employee surveys and wellness results, we will continue to work with the City develop and implement strategies to tackle health costs while improving treatment options. 5. COMMUNICATIONS: Describe formal and informal communication processes for the City of Clearwater. Include proposed schedules of key meetings, timelines, and other process mileposts for the proposed client service. Include any proprietary client communications that may be appropriate and available to the City of Clearwater to facilitate communications. Describe your firm’s capability of producing annual benefit statements and open enrollment communications for employees. Communications with City Staff Gehring Group provides year-round service and support, maintaining continuous communication throughout the plan year to provide support to staff with administrative, legislative, enrollment and billing questions. Each renewal year, Gehring Group and the client determine a tentative schedule for meetings, events, open enrollment, etc. These meetings can take place quarterly, semi-annually or as needed. Gehring Group strives to be available to our clients whenever the need arises, and there is never any charge for travel for onsite Page 48 meetings. Gehring Group staff is also readily available by phone, video-conferencing and for onsite meetings as needed. To prepare for each plan year, Gehring Group prepares a timetable of activities as outlined below. This schedule can be customized to accommodate the RFP process, additional onsite meetings, and any specific needs or additional services requested by the City. Standard Schedule of Activities Date Action Upon Contract Award • Introductions and Expectations meeting • Carrier/Vendor Engagement & Information Gathering • Complete New Client Implementation checklist • Complete Annual Compliance Review and Annual Notice and Disclosure checklist • Provide early budgetary projections for renewal premium costs 9 months prior to renewal • Gehring Group review of current employee benefits program including claims experience • Establish tentative dates for future committee meetings, projects, surveys, etc. • Conduct Public Sector Entity Survey (if deemed necessary) • Meet with Insurance committee or Staff as needed • Gehring Group to request First Offer of renewal for medical TPA • Update Independent Budget projections as needed 6 months prior to renewal • Request First Offer of Renewal Due at Gehring Group (if available) for all additional lines of coverage • Review Quarterly claims experience, NavMD data analytics reports, clinic claims review & meet with Staff • Review Renewal proposals compared to local trends and benchmarks to determine if coverages need to be bid • Compile and release RFP(s) to market (if deemed necessary) July/August • If RFP is issued: o Gehring Group receives proposal responses from Procurement (or directly if able) o Gehring Group review and analysis of proposals o Draft of initial review presented to Staff o Interview finalists (if deemed necessary) o Best and Final offers due o Gehring Group recommendation – available to make presentations to committees and City Commission o BCC/Executive Committee makes selection • If renewal negotiation (RFP not issued): Page 49 Standard Schedule of Activities Date Action o Gehring Group will aggressively negotiate renewal fees and stop loss premiums o Review all stop loss alternatives and deductible options o Evaluate claims data to determine cost reduction targets September • Preparation of Open Enrollment Materials including Employee Benefit Highlights booklet and communication posters, payroll stuffers, etc. by GG Graphics Team in conjunction with City personnel • Discuss and finalize employer contribution strategies with City personnel • Provide all information regarding plan changes and rates to enrollment system provider for programming updates (if applicable) • Plan Implementation October • Open Enrollment Communication & Enrollment Meetings. Meetings can be conducted by GG or City personnel. • GG team assists City in the completion of implementation paperwork with carriers • GG team will coordinate and conduct implementation meetings between City personnel and all applicable carriers in the event of a carrier change • Review Quarterly claims experience, NavMD data analytics reports, clinic claims review & meet with Staff November – December • Open Enrollment Make-up sessions • Finalize all details regarding new plan year January 1st January – February • Plan Year Begins • Coordinate with City staff and Actuary (Wakely) to gather all required claims and lag reports for Actuary to complete the annual required 112.08 filing of actuarial soundness with the State of Florida February – April • Develop and present claims experience, NavMD reports and clinic claims and meet with Staff/Committee • Review plan performance to determine bid process is necessary April/May (8 months prior to renewal) • Additional meetings with Staff and/or employees as needed • All additional consulting services as deemed necessary • Gehring Group to request early coverage renewals *Gehring Group attendance at all insurance committee meetings as scheduled. **Please note that all dates outlined above are tentative and subject to change based on City personnel schedules, claims report availability, and insurance carrier cooperation. Page 50 As part of our continuous service, Gehring Group staff also conducts detailed reviews, analysis and projection sessions with decision makers at key points throughout the year. We consistently track the available claims utilization data of your program throughout the plan year in order to more effectively prepare for the renewal process and develop strategies for ensuring that your group gets the most value for its health care dollar. Communications with Employees Gehring Group provides many options to our clients for employee education and communication. As part of our services, your Gehring Group team provides open enrollment presentations and employee education for employees. In addition, your account management team and Gehring Group’s in-house Graphics team can provide additional communication materials in the form of educational collateral to target recognized needs including flyers, posters, campaigns, and videos highlighting specific topics. These communication pieces will be customized to be distributed through client intranet services, posters, or other media allowing the City to communicate benefit offerings and educate employees of their benefit options and responsibilities. From face-to-face interaction at employee meetings to paper communication pieces to educational videos, we realize that employee communication is key to getting the most out of your employee benefits program. (Samples included in Exhibits A and B for your review.) These options include:  Employee Benefits Guide Gehring Group employs an in-house Graphics Department which enables us to assist our clients with employee communications materials. One of the tools necessary in the communication process is the annual employee benefits guide. At the beginning of each new plan year, we compile all the information regarding your insurance coverages and summarize it in a custom employee and retiree friendly benefit booklet. This booklet has proven to be a valuable resource and has allowed members to clearly understand plan options, related costs to make decisions in their best interest each year. This service is offered at no additional cost. We will provide you with enough copies for open enrollment and as needed for new-hire orientations throughout the plan year, as well as an electronic version for posting on your intranet or applicable location.  Professional Employee Communications In addition to the provision of the employee benefits guide, we can also draft and produce employee communication pieces such as, department posters, mass employee mailings, Wellness Program brochures, etc. This allows the City to better communicate its employee benefit offerings and keep their employees well educated with regard to their employee benefit options and responsibilities. Gehring Group produces all brochures and other work product in-house which increases our level of efficiency.  Electronic Communication Gehring Group provides electronic and PDF versions of all above referenced communications which can be emailed as an attachment, posted on your intranet or posted to the applicable benefits enrollment system. These communications can include the annual Employee Benefits Handbook, Wellness Program Brochure, Open Enrollment notifications, posters and various other notices and employee communications.  Employee Educational/Wellness Campaigns We also have pre-designed wellness campaigns and challenges that are easy to implement, relevant and timely. Some of the campaigns recently implemented by clients include a focus on being a conscientious consumer and include: Page 51 • Using your Flexible Spending Account – “You’re going to need those (glasses, prescriptions, braces, … anyway.” • Let’s Get Appy – “Utilize your carrier App by downloading the <carrier app name> for convenience and cost savings.” • Preventive Healthcare Services – “I understand the importance of using Preventive Healthcare Services.” • Know Before You Go – “What is considered emergency care versus non-emergency; where to go for diagnostic testing; the best place to fill a prescription.” • Wellness in a Box – Pre-designed wellness campaigns complete with education and challenges to increase engagement. Our team can aid the City in developing a communication and determining a targeted message. The following are samples of some of the campaigns listed above.  Video Communication Our team can create open enrollment videos for times such as these when having large group meetings may not be an option. Gehring Group has also developed custom whiteboard education/communication videos which provide employees with a concise video utilized to educate them on various benefit options or additional services such as EAP and health center promotion (if applicable) with additional topics coming soon. These videos can be hosted on the City’s intranet or other applicable location. Sample videos can be viewed at the following web links: Employee Assistance Plan: Employee Health Center: https://youtu.be/ECr6q5sOqOM https://youtu.be/PymiQUWZqcY Page 52 6. OTHER SERVICES (Optional): Provide a brief summary of other services available from your firm that may be appropriate to the City of Clearwater consideration. In addition to the comprehensive services outline herein, we would like to take this opportunity to outline additional services available. These include: Wellness & Nutrition Offerings In addition to implementing and maintaining multifaceted and award-winning wellness programs, Gehring Group also provides additional capabilities to support and enhance wellness program initiatives. What sets Gehring Group apart is that our wellness coordinators are also certified fitness, mental health awareness and yoga instructors. Our team can provide both in-person and virtual yoga and stretch classes as well as low and high impact fitness training on a group basis. Sessions can be recorded for future access and utilized in conjunction with other initiatives included in your wellness program. We also have subcontracted resources to provide nutrition education sessions and health cooking classes. Recently, Gehring Group hosted a webinar for all clients on the topic of Maintaining Health Eating Habits Throughout the Holiday Season presented by a Registered Dietitian & Nutritionist. In addition to fitness and nutrition resources, Gehring Group has also established wellness education campaigns such as Stress Less, Heart Health, and Know Your Numbers and wellness challenges including Step it Up, Wellness BINGO, 21 Day Habit Change to assist employers in keeping employees engaged and motivated. With everchanging scheduling needs associated with such current events as COVID-19, our wellness coordinators successfully collaborated with our clients to continue to reach employees that may not be Page 53 working during regularly scheduled times of the day or onsite, providing physical activity, mental health and wellness events. This was accomplished through a variety of media such as online training and virtual competitions ensuring continuation without disruption of employer initiatives and member wellness programs. ThinkHR Online HR Research & Compliance Tool Another value-added service provided to assist our clients with compliance research is the ThinkHR® online human resources research tool. ThinkHR offers a one-stop resource for quick answers to thousands of human resources and employee benefits questions covering such issues as record-keeping, employment law, wages and withholding, workers’ compensation, harassment, ERISA, COBRA and FMLA. ThinkHR provides you with easy and immediate access to expert HR advisors who will provide information and answers in a timely manner to minimize the exposure and risk associated with legal and regulatory matters. These answers are provided via phone, web or email, followed up with a written response to summarize the issue and result. This services also includes over 200 safety training courses and the ability to assign and track completion of training. ThinkHR Live includes: HR Hotline – Immediate, unlimited help from PHR and SPHR Advisors via phone or email. • Phone access to HR advisers anytime Mon-Fri, 9am-8pm EST • Written/email follow-up on complex issues or researched matters • National and regional expertise HR Library – Immediate access to HR resources to solve your HR concerns. • Thousands of forms, documents, tools and checklists for every HR department • Job description builder and salary benchmarking tools Learn Pro – More than 200 online training courses that ensure compliance, reduce risk and drive employee engagement. • Intuitive administrative dashboard • Risk and Safety content • Robust reporting Gehring Group provides Think HR to all clients at no additional charge. Page 54 7. BROKER/CONSULTANT COMPENSATION: Identify your firm’s preference on the means of compensation for services. Provide a detailed analysis of the fee build-up, including allocated time and rates for the service providers. Identify any proposed services that may be outside an agreed-upon fee and an estimate for those services, if applicable. Include the details of any proposed incentive plan, if recommended. With our focus on working collaboratively throughout the year with our clients and their members, and not wanting our clients to hesitate to use us as a resource when needed, we are proposing a comprehensive level of employee benefits consulting services under an annual flat fee arrangement with no commission built into City premiums as requested on page 23 (Tab 5: Cost of Services) of RFP #29-21. Due to our ongoing commitment to the City, Gehring Group proposes an annual flat fee of $275,000 for the first three years of the upcoming contract term with the following escalators for the subsequent two years and includes the services of Bentek, actuarial services and ThinkHR. Gehring Group’s cost proposal for the full five-year term is as follows: Employee Benefits Consulting Services Annual Fee Year 1 $275,000 Year 2 $275,000 Year 3 $275,000 Year 4 $282,000 Year 5 $282,000 It is important to note that Gehring Group does not participate in any provider relationships that would prevent us from acting independently and providing objective advice and guidance, and we practice full disclosure relating to all compensation. Gehring Group is an independent agency, not affiliated with any particular insurance companies, third party administrators or provider networks. We do not have a fund or trust that we or a related entity holds, and we do not sell related third-party insurance products. The relationships and recognitions Gehring Group does have with carriers are based on premium volume providing us with significant negotiating clout. As one of the top producing brokers/consultants for Public Sector entities throughout the state, our philosophy has always been to offer complete revenue disclosure upon request which we will continue to practice with the City. Please note that there be will no additional charges to the City as this arrangement includes: • All travel costs associated with servicing the City • ACA advisory and planning services • Onsite attendance at annual Open Enrollment meetings as needed • Development, production, and printing of annual employee benefit booklet and other employee communications (Samples included in Exhibit A and B) • Actuarial services (112.08, rate and reserve setting, and IBNR calculation) • Access to Gehring Group COVID-19 Resources Portal & Webinars • Access to ThinkHR online H.R. research tool Gehring Group is open to discussion regarding alternative service and compensation options under consideration by the City. Page 55 Tab 4: References References A minimum of three (3) references, preferably from other public entities of similar size to the City of Clearwater and three (3) government accounts utilizing a self-insured health plan, within the past three (3) years, for whom firm has provided brokerage/consulting services. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, dates these services were provided. The following includes six current client references similar in size and complexity to the City of Clearwater: Charlotte County Board of County Commissioners 18500 Murdock Circle, Room 1330 Port Charlotte, FL 33948 Janine, Hewitt, Risk & Benefits Coordinator Tel: (941) 743-1244 Email: janine.hewitt@charlottecountyfl.gov Number of Employees: 1330 Client Since: 9/20/2000 – contract ongoing Funding Method: Self-Insured Pinellas County Sheriff’s Office 10750 Ulmerton Rd. Largo, FL 33778 Nancy Duggan, Human Resources Director Tel: (727) 582-6490 Email: nduggan@pcsonet.com Number of Employees: 3000 EEs / 1800 Retirees Client Since: 7/20/2020 – contract ongoing Funding Method: Self-Insured Hernando County Board of County Commissioners 20 North Main Street Brooksville, FL 34601 Mary Spencer, Benefits Coordinator Tel: (352) 540-6643 Email: mspencer@hernandocounty.us Number of Employees: 1100 Client Since: 4/13/2011 – contract ongoing Funding Method: Self-Insured Highlands County Board of County Commissioners 600 S Commerce Ave. Sebring, FL 33870 Elaine Wood, Human Resources Tel: (863) 402-6809 Email: ewood@highlandsfl.gov Number of Employees: 900 Client Since: 6/19/18 – contract ongoing Funding Method: Self-Insured City of Cape Coral 1015 Cultural Park Blvd. Cape Coral, FL 33990 Lisa Sonego, Human Resources Director Tel: (239) 574-0528 Email: lsonego@capecoral.net Number of Employees: 1600 Client Since: 10/3/2011 – contract ongoing Funding Method: Self-Insured Palm Beach County Sheriff’s Office 3228 Gun Club Rd. West Palm Beach, FL 33406 Hilda Gonzalez, Chief Risk Officer & Dir. of Personnel Tel: (772) 219-1200 x 30371 Email: sessaj@martinschools.org Number of Employees: 3,700 Client Since: 11/01/1992 – contract ongoing Funding Method: Minimum Premium Page 56 Tab 5: Cost of Services Cost of Services The cost portion of the proposal should include the following elements: 1. Proposals shall include an annual service fee as part of their response to this RFP. The successful firm shall be compensated on an annual fee basis. Fees will be payable quarterly at the end of each quarter. All program premiums and charges are to be written net of commission and the acceptance of a commission shall be grounds for immediate termination of the contract. If a carrier does not or cannot work on a net of commission arrangement, the firm shall disclose this fact and the commission shall be deducted from the annual fee. Acknowledged. Gehring Group’s proposed annual fee is outlined in Tab 3, question 7 and restated below. With our focus on working collaboratively throughout the year with our clients and their members, and not wanting our clients to hesitate to use us as a resource when needed, we are proposing a comprehensive level of employee benefits consulting services under an annual flat fee arrangement with no commission built into City premiums as requested on page 23 (Tab 5: Cost of Services) of RFP #29-21. Due to our ongoing commitment to the City, Gehring Group proposes an annual flat fee of $275,000 for the first three years of the upcoming contract term with the following escalators for the subsequent two years and includes the services of Bentek, actuarial services and ThinkHR. Gehring Group’s cost proposal for the full five-year term is as follows: Employee Benefits Consulting Services Annual Fee Year 1 $275,000 Year 2 $275,000 Year 3 $275,000 Year 4 $282,000 Year 5 $282,000 It is important to note that Gehring Group does not participate in any provider relationships that would prevent us from acting independently and providing objective advice and guidance and we practice full disclosure relating to all compensation. Gehring Group is an independent agency, not affiliated with any particular insurance companies, third party administrators or provider networks. We do not have a fund or trust that we or a related entity holds, and we do not sell related third-party insurance products. The relationships and recognitions Gehring Group does have with carriers are based on premium volume providing us with significant negotiating clout. As one of the top producing brokers/consultants for Public Sector entities throughout the state, our philosophy has always been to offer complete revenue disclosure upon request which we will continue to practice with the City. Please note that there be will no additional charges to the City as this arrangement includes: • All travel costs associated with servicing the City Page 57 • ACA advisory and planning services • Onsite attendance at annual Open Enrollment meetings as needed • Development, production, and printing of annual employee benefit booklet and other employee communications (Samples included in Exhibit A and B) • Actuarial services (112.08, rate and reserve setting, and IBNR calculation) • Access to Gehring Group COVID-19 Resources Portal & Webinars • Access to ThinkHR online H.R. research tool Gehring Group is open to discussion regarding alternative service and compensation options under consideration by the City. 2. The successful firm shall provide an annual statement from each carrier confirming that the insurance carrier has paid no commissions. Full disclosure of all compensation earned, either directly or indirectly, is required. Use of intermediaries, wholesalers, subsidiary companies, etc. is expected and encouraged if advantageous to the City of Clearwater. However, all fees and or commissions earned as a result of their use must be disclosed and will be deducted from the annual fee. Additionally, the City reserves the right to seek additional relevant records as a means of enforcing this provision. Acknowledged. Page 58 Tab 6: Other Forms The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. E-Verify Eligibility form 6. Copies of licenses and/or certifications (refer to Item 5, LICENSES, page 19) 7. Proof of Insurance 8. W-9 Form. Page 59 Page 60 VENDOR INFORMATION Brokerage and Consulting Services 26 RFP #29-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address:Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. Gehring Group, Inc. Not applicable 3500 Kyoto Gardens Drive Palm Beach Gardens Florida 33410 cindy.thompson@gehringgroup.com www.gehringgroup.com (561)626-6797 / (800)244-3696 (561)626-6970 07-824-4287 Not applicable Not applicable Cindy Thompson, VP-Operations (561)626-6797 (561)626-6797 / (800)244-3696 cindy.thompson@gehringgroup.com Shawn Fleming, Senior Benefits Consultant (561)626-6797 (561)626-6797 / (800)244-3696 shawn.fleming@gehringgroup.com N/A N/A Not applicable Not applicable Page 61 VENDOR CERTIFICATION OF PROPOSAL Brokerage and Consulting Services 27 RFP #29-21 By signing and submitting this Proposal, the Vendor certifies that: a)It is under no legal prohibition to contract with the City of Clearwater.b)It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, aswell as its attachments, and any referenced documents.c)It has no known, undisclosed conflicts of interest.d)The prices offered were independently developed without consultation or collusion with any of the otherrespondents or potential respondents or any other anti-competitive practices.e)No offer of gifts, payments or other consideration were made to any City employee, officer, elected official,or consultant who has or may have had a role in the procurement process for the services and orgoods/materials covered by this contract.f)It understands the City of Clearwater may copy all parts of this response, including without limitation anydocuments and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer,or in response to a public records request under Florida’s public records law (F.S. 119) or other applicablelaw, subpoena, or other judicial process.g)Respondent hereby warrants to the City that the respondent and each of its subcontractors(“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigrationlaws and regulations that relate to their employees.h)Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act andnot debarred by any Federal or public agency.i)It will provide the materials or services specified in compliance with all Federal, State, and Local Statutesand Rules if awarded by the City.j)It is current in all obligations due to the City.k)It will accept such terms and conditions in a resulting contract if awarded by the City.l)The signatory is an officer or duly authorized agent of the respondent with full power and authority to submitbinding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: Gehring Group, Inc. Kurt N. Gehring President and CEO April 23, 2021 Page 62 Page 63 Page 64 Page 65 Proof of Florida Licensing Gehring Group is properly licensed by the State of Florida as documented by the following agency registration; currently in good standing with the State of Florida Department of Insurance and all other applicable regulatory entities to conduct business in the state of Florida and provide the required services requested by the City of Clearwater. Florida Agency Insurance License: Individual Insurance Agent Florida License Numbers: Role Name Florida Insurance License # Years of Industry Experience Senior Benefits Consultant Shawn Fleming E059700 18 years Benefits Consultant Athena Erchard A078425 23 years Employee Benefits Analyst Cameron Burt W507565 3 years Senior Account Manager Karen Walker E006948 23 years Account Relations Manager Katherine Hughes W237417 7 years Proof of Florida Insurance Licensing can be verified at https://licenseesearch.fldfs.com/. Page 66 Employee Licenses: Page 67 Proof of Insurance Page 68 Proof of Professional Liability Page 69 Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification a Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS.Print or type. See Specific Instructions on page 3.1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) a Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) a 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person a Date a General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) ou are not required to sign the certifica 2:52 pm, Jan 14, 2021 Gehring Group, Inc. ✔ 3500 Kyoto Gardens Dr Palm Beach Gardens, FL 33410 65 0361295 Page 70 Tab 7: Exhibits Exhibit A .................................................................................... Sample Employee Benefit Guide Exhibit B .............................................................................. Sample Employee Communications Exhibit C ................................................................................... Sample Reports & Work Product Exhibit D .................................................................................... Sample Client Seminar/Webinar Exhibit E ........................................................................... Sample Employee Benefit Newsletters Exhibit F ............................................................................................ Letters of Recommendation Page 71 Exhibit A Sample Employee Benefit Guide City of Clearwater | Employee Benefit Highlights | 2021 © 2016, Gehring Group, Inc., All Rights Reserved Contact Information Benefits Staff Human Resources Department Jessica Harmeson Dali Andric Leah Murray Phone: (727) 562-4870 Email: jessica.harmeson@myclearwater.com Email: dali.andric@myclearwater.com Email: leah.murray@myclearwater.com Pension Finance Department Jennifer Moulton, Senior Pension Payroll Analyst Phone: (727) 562-4523 Email: jennifer.moulton@myclearwater.com Chris Baker, Cigna On-Site Wellbeing Coordinator Phone: (727) 773-7091 Email: christopher.baker@myclearwater.com Online Benefit Enrollment Bentek (888) 5-Bentek (523-6835) www.myBentek.com/clearwater Email: support@myBentek.com Employee Health Center Evernorth On-Site Health Phone: (727) 298-1788 https://mychart.my-wellnesscenter.com/MyChart/ Medical Insurance Cigna Customer Service: (800) 244-6224 www.myCigna.com Telehealth MDLIVE Customer Service: (888) 726-3171 www.MDLIVEforCigna.com Dental Insurance Sun Life Customer Service: (800) 442-7742 www.sunlifedentalbenefits.com Cigna Customer Service: (800) 244-6224 www.myCigna.com Vision Insurance Humana Customer Service: (877) 398-2980 www.humana.com Employee Assistance Program Cigna Behavioral Health Customer Service: (877) 622-4327 www.myCigna.com Life Insurance Human Resources Phone: (727) 562-4870 Supplemental Insurance Aflac Customer Service: (800) 992-3522 Agent: Frank D'Ascoli | Phone: (727) 514-7977 Email: frank.dascoli@verizon.net Flexible Spending Accounts WageWorks/Aflac WageWorks Customer Service: (800) 950-0105 For a new FSA card, please call (866) 679-7649 www.takecarewageworks.com Frank D’Ascoli, Agent; Phone: (727) 514-7977 Email: frank.dascoli@verizon.net Claim, Billing & Benefit Assistance Gehring Group Phone: (800) 244-3696 Email: cityofclearwater@gehringgroup.com City of Clearwater | Employee Benefit Highlights | 2021 © 2016, Gehring Group, Inc., All Rights Reserved Table of Contents Introduction 1 Online Benefit Enrollment 2 Group Insurance Eligibility 2-3 Qualifying Events and Section 125 4 Summary of Benefits and Coverage 4 Employee Health Center 5 MotivateMe 6 Medical Insurance 7 Other Available Plan Resources 7 Telehealth 7 Cigna Open Access Plus (OAP) Plan At-A-Glance 8 Dental Insurance 9 Sun Life and Cigna Dental Plans At-A-Glance 10 Vision Insurance 11 Employee Assistance Program 12 Life Insurance 12 Voluntary Supplemental Insurance: Aflac Individual Plans 13-14 Flexible Spending Accounts 15-16 Retirement Benefit Summary 17 Disability Retirement Benefit 17 Pension Benefits 17-19 Notes 20 This booklet is merely a summary of employee benefits. For a full description, refer to the plan document. Where conflict exists between this summary and the plan document, the plan document controls. The City of Clearwater reserves the right to amend, modify or terminate the plan at any time. This booklet should not be construed as a guarantee of employment. 1 City of Clearwater | Employee Benefit Highlights | 2021 © 2016, Gehring Group, Inc., All Rights Reserved Introduction The City of Clearwater’s Employee Benefit Highlights booklet provides summaries of the City’s group insurance offerings for all benefit-eligible employees. This information is provided to new hires and during the City’s annual Open Enrollment. It is important that employees make knowledgeable decisions when it comes to electing benefits. Please refer to each plan’s Summary Plan Description to learn about any enrollment conditions or coverage stipulations. If employees have any questions regarding the contents of this booklet, please contact Human Resources at (727) 562-4870. Online Benefit Enrollment The City provides employees with an online benefits enrollment platform through Bentek’s Employee Benefits Center (EBC). The EBC provides benefit-eligible employees the ability to select or change insurance benefits online during the annual Open Enrollment Period, New Hire Orientation, or for Qualifying Life Events. Accessible 24 hours a day, throughout the year, employee may log in and review comprehensive information regarding benefit plans, and view and print an outline of benefit elections for employee and dependent(s). Employee also has access to important forms and carrier links, can report Qualifying Life events and review and make changes to Life insurance beneficiary designations. To Access the Employee Benefits Center: 9 Log on to www.mybentek.com/clearwater 9 Sign in using a previously created username and password or click "Create an Account" to set up a username and password. 9 If employee has forgotten username and/or password, click on the link “Forgot Username/Password” and follow the instructions. 9 Once logged on, navigate using the Launchpad to review current enrollment, learn about benefit options, and make any benefit changes or update beneficiary designations. For technical issues directly related to using the EBC, please call (888) 5-Bentek (523-6835) or email Bentek Support at support@mybentek.com, Monday through Friday, during regular business hours, 8:30am - 5:00pm. To access Employee Benefits Center online, log on to: www.mybentek.com/clearwater Please Note: Link must be addressed exactly as written. Due to security reasons, the website cannot be accessed by Google or other search engines. City of Clearwater | Employee Benefit Highlights | 2021 2© 2016, Gehring Group, Inc., All Rights Reserved Group Insurance Eligibility The City's group insurance plan year is January 1 through December 31. Employee Eligibility Eligible employees working a minimum of 37.5 hours per week will be eligible to participate in all City insurance plans. Eligible employees working an average of 30 to 37.5 hours per week will be eligible to participate in the City’s medical, dental, vision, FSA and Aflac insurance plans only, excluding Life insurance and retirement benefit offerings. Coverage will be effective on the first day of the month following the date of hire. For example, if employee is hired on April 11, then the effective date of coverage will be May 1. Separation of Employment If employee separates employment from the City, insurance will continue through the end of the month in which the separation occurred (except for Life insurance, Health Care FSA and Dependent Care FSA which terminates coverage on the date in which separation occurs). COBRA continuation of coverage may be available as applicable by law. Dependent Eligibility A dependent is defined as the legal spouse/domestic partner and/or dependent child(ren) of the participant or spouse/domestic partner. The term “child” includes any of the following: • A natural child • A stepchild • A legally adopted child • A newborn child (up to the age of 18 months) of a covered dependent (Florida) • A child for whom legal guardianship has been awarded to the participant or the participant’s spouse/domestic partner Dependent Age Requirements Medical Coverage: A dependent child may be covered through the end of the calendar year in which the child turns age 26. An over-age dependent may continue to be covered on the medical plan to the end of the calendar year in which the child reaches age 30, if dependent meets the following requirements: • Unmarried with no dependents; and • A Florida resident, or full-time or part-time student; and • Otherwise uninsured; and • Not entitled to Medicare benefits under Title XVIII of the Social Security Act, unless the child is disabled. Please see Taxable Dependents if covering eligible over-age dependents. Dental Coverage: A dependent child may be covered through the end of the calendar year in which child turns age 26. Vision Coverage: A dependent child may be covered through the end of the calendar year in which child turns age 26. Disabled Dependents Coverage for an unmarried dependent child may be continued beyond age 26 if: • The dependent is physically or mentally disabled, and incapable of self-sustaining employment (prior to age 26); and • Primarily dependent upon the employee for support; and • The dependent is otherwise eligible for coverage under the group medical plan; and • The dependent has been continuously insured Proof of disability will be required upon request. Please contact Human Resources if further clarification is needed. JANUARY 01 3 City of Clearwater | Employee Benefit Highlights | 2021 © 2016, Gehring Group, Inc., All Rights Reserved Group Insurance Eligibility (Continued) Taxable Dependents Employee covering adult child(ren) under employee's medical, dental and vision insurance plans may continue to have the related coverage premiums payroll deducted on a pre-tax basis through the end of the calendar year in which the dependent child reaches age 26. Beginning January 1 of the calendar year in which the dependent child reaches age 27 through the end of the calendar year in which the dependent child reaches age 30, imputed income must be reported on employee’s W-2 for that entire tax year and will be subject to all applicable Federal, Social Security and Medicare taxes. Imputed income is the dollar value of insurance coverage attributable to covering each adult dependent child. Contact Human Resources for further details if covering an adult dependent child who will turn age 27 any time during the upcoming calendar year or for more information. Please Note: There is no imputed income if adult dependent child is eligible to be claimed as a dependent for Federal income tax purposes on employee’s tax return. Domestic Partner A Domestic Partner and any eligible dependent(s) will be provided the same benefits afforded to all employees and eligible dependents excluding American Family Life Assurance Company of Columbus (Aflac), Family Medical Leave Act (FMLA), and Flexible Spending Accounts (FSA). A Domestic Partner is defined as a person of the same or opposite sex with whom employee or retiree has established a domestic partnership in accordance with the Policy, rules, and procedures determined by the City and will be required to complete an Affidavit of Domestic Partnership. IRS guidelines state that employee may not receive a tax advantage on any portion of premium paid related to domestic partner coverage. Employee insuring Domestic Partner and/or child dependent(s) of a Domestic Partner will see the insurance premium deductions on a post-tax basis and any amount subsidized by the employer will be reported as “imputed income” to the employee. A Domestic Partnership will be required to meet all of the following eligibility requirements: 1. Both individuals are at least eighteen (18) years old and mentally competent to consent to a contract. 2. Both are each other’s sole domestic partner and intend to remain so indefinitely. 3. Both have common residence and, at the time of submitting an affidavit, have resided together on a continuous basis for the preceding six (6) months intending to continue the arrangement. 4. Both are not married under Florida law nor are domestic partners with anyone else and have not been so during the preceding six (6) months. 5. Both are not related by blood in any way that would prohibit legal marriage in the State of Florida. 6. Both share responsibility for a significant measure of each other’s common welfare and financial obligations. Contact Human Resources for further details and rates if covering a Domestic Partner at any time during the upcoming plan year. City of Clearwater | Employee Benefit Highlights | 2021 4© 2016, Gehring Group, Inc., All Rights Reserved Qualifying Events and Section 125 Section 125 of the Internal Revenue Code Premiums for medical, dental, vision insurance, contributions to Flexible Spending Accounts (FSA), and/or certain supplemental policies are deducted through a Cafeteria Plan established under Section 125 of the Internal Revenue Code and are pre-taxed to the extent permitted. Under Section 125, changes to employee’s pre-tax benefits can be made ONLY during the Open Enrollment period unless the employee or qualified dependent(s) experience(s) a Qualifying Event and the request to make a change is made within 30 days of the Qualifying Event. Under certain circumstances, employee may be allowed to make changes to benefit elections during the plan year, if the event affects the employee, spouse or dependent’s coverage eligibility. An “eligible” Qualifying Event is determined by Section 125 of the Internal Revenue Code. Any requested changes must be consistent with and due to the Qualifying Event. Examples of Qualifying Events: • Employee gets married or divorced • Birth of a child • Employee gains legal custody or adopts a child • Employee's spouse and/or other dependent(s) die(s) • Loss or gain of coverage due to employee, employee's spouse and/ or dependent(s) termination or start of employment • An increase or decrease in employee's work hours causes eligibility or ineligibility • A covered dependent no longer meets eligibility criteria for coverage • A child gains or loses coverage with other parent or legal guardian • Change of coverage under an employer’s plan • Gain or loss of Medicare coverage • Losing or becoming eligible for coverage under a State Medicaid or CHIP (including Florida Kid Care) program (60 day notification period) IMPORTANT NOTES The City operates under strict IRS Guidelines, therefore employee who experiences a Qualifying Event, must contact Human Resources within 30 days of the Qualifying Event. Beyond 30 days, requests will be denied and the employee may be responsible, both legally and financially, for any claim and/or expense incurred as a result of the employee or dependent who continues to be enrolled but no longer meets eligibility requirements. The change is effective either the date employee notified Human Resources or the first of the following month. In the event of death, coverage will terminate the date following the death. Employee will be required to furnish valid documentation supporting a change in status or “Qualifying Event.” Summary of Benefits and Coverage A Summary of Benefits & Coverage (SBC) for the Medical Plan is provided as a supplement to this booklet being distributed to new hires and existing employees during the Open Enrollment Period. The summary is an important item in understanding employee's benefit options. A free paper copy of the SBC document may be requested or is also available as follows: From: City of Clearwater Human Resources Address: 100 South Myrtle Avenue, Clearwater, FL 33756 Phone: (727) 562-4870 At Website URL: www.myclearwater.com At Bentek URL: www.myBentek.com/clearwater The SBC is only a summary of the plan’s coverage. A copy of the plan document, policy, or certificate of coverage should be consulted to determine the governing contractual provisions of the coverage. A copy of the group certificate of coverage can be reviewed and/or obtained by contacting Human Resources or at the following web address: www.mybentek.com/clearwater. If there are any questions about the plan offerings or coverage options, please contact Human Resources at (727) 562-4870. 5 City of Clearwater | Employee Benefit Highlights | 2021 © 2016, Gehring Group, Inc., All Rights Reserved Employee Health Center City of Clearwater Employee Health Center The Employee Health Center is available to employees, retirees, and eligible dependents enrolled in the City’s medical insurance plan. The EHC provides the care employees and dependents need for all non-emergency illnesses. Schedule an appointment with the medical staff to learn more about the Employee Health Center or refer to the Summary of Benefits and Coverage (SBC). The EHC is administered by Evernorth On-Site Health, a third-party vendor. Utilization is entirely voluntary. All visits with Employee Health Center staff are completely confidential and no personal information is shared with the employer. Why choose the Employee Health Center? • Full range of primary care services available for no charge • Dedicated appointment times • No charge for prescriptions dispensed at the EHC (a list of available Rx’s can be found on the Launchpad) • 100% confidential and HIPAA compliant • Personal Health Coach, Nailah Ramsingh, on staff to assist in taking strategic steps to improve health and quality of life. • Extra programs for no charge: ›Skin Screenings ›Biometrics ›Flu Shots To schedule an appointment at the Employee Health Center, contact Evernorth On-Site Health by calling (727) 298-1788. Hours of operation are 7:00 a.m. to 5:00 p.m., Monday through Friday. Appointments are required; however, walk-ins may be accommodated based on availability and/or the severity of the issue. Please Note: Employees will be allowed up to one (1) hour during the work day, with no charge to employee's sick leave, to attend a scheduled appointment at the Employee Health Center. Employee Health Center Powell Professional Center 401 Corbett Street, Suite 400 Clearwater, FL 33756 Phone: (727) 298-1788 Email: clearwateremployeehealthcenter@evernorth.com To schedule an appointment please visit: https://mychart.my-wellnesscenter.com/MyChart/ The Health Center will be closed New Year’s Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving & day after, and Christmas Day. 6 City of Clearwater | Employee Benefit Highlights | 2021 © 2016, Gehring Group, Inc., All Rights Reserved MotivateMe The City and Cigna care about the health of employees and retirees and want to help them get healthy and stay healthy. This incentive plan was created to encourage employees and retirees to participate in annual wellness screenings, preventative care visits, online health assessments, annual physicals and health coaching. The program is available to all employees and retirees that are covered under the City’s 2021 medical insurance plan. MotivateMe is administered through Cigna and employees and retirees may earn up to $200 in rewards. Register online at myCigna.com or through the myCigna app and click on the “Wellness” tab and look for “Incentive Awards.” Please contact the Human Resources Department with any questions regarding the incentive program or for more information. Please Note: Employees who are covered as the dependent spouse of another employee should contact Human Resources to access their reward. MotivateMe Incentives Item Criteria Frequency Reward Notes Wellness Screening Performed at clinic – immediate results reviewed with patient by clinic staff 1/Year $50 Gatekeeper – this must be completed to be eligible for all other events Online Health Assessment Complete Online Assessment 1/Year $25 Complete Annual Physical Available through medical plan or clinic 1/Year $50 Preventative Screenings Colon Cancer Cervical Cancer Breast Cancer Prostate Cancer Skin Screening Max Reward of $150 per Year $75/Screening Chronic Coaching Telephonic or In Person Coaching Up to 2/Year $25/Coaching $200 Annual Maximum 7 City of Clearwater | Employee Benefit Highlights | 2021 © 2016, Gehring Group, Inc., All Rights Reserved Medical Insurance The City offers medical insurance through Cigna to benefit-eligible employees. The costs per pay period for employee & retiree coverage are listed in the premium tables below. For more detailed information about the medical plan, please refer to the carrier's Summary of Benefits and Coverage (SBC) document or contact Cigna's customer service. Medical Insurance – Cigna Open Access Plus (OAP) Plan Employee Semi-Monthly Premium Deductions Tier of Coverage Employee Cost Employee Only $0.00 Employee + One Dependent $161.67 Employee + Family $339.56 Dual Coverage $0.00 Medical Insurance – Cigna Open Access Plus (OAP) Plan Retiree/COBRA* Monthly Premium Rates Tier of Coverage Retiree Cost COBRA Cost* Retiree/COBRA Member $754.82 $769.92 Retiree/COBRA Member + One Dependent $1,293.36 $1,319.23 Retiree/COBRA Member + Family $2,122.23 $2,164.67 *A 2% administrative charge has been added to the monthly rate for COBRA. How the Deductible and Co-Insurance Works • For services requiring a co-payment, members pay only the co- payment amount each time services are received. • For services requiring co-insurance, members pay the full cost of services up to the deductible amount, and pay a percentage (co-insurance) of the remaining cost of services up to the plan's out-of-pocket limit. • Once employee reaches the out-of-pocket limit, the plan pays the full cost of any covered services (including prescriptions). • Only services requiring co-insurance go toward satisfying the deductible. All services, including deductible, co-insurance and co payments towards office visits and prescription drugs, will go toward satisfying the out-of-pocket limit. • There is no cross accumulation between in-network and out-of- network deductible or out-of-pocket maximum. The amount employee pays for in-network covered expenses only counts toward employee's in-network deductible and in-network out-of-pocket maximum. The amount employee pays for out- of-network covered expenses only count toward employee's out-of-network deductible and out-of-pocket maximum. Other Available Plan Resources Cigna offers all enrolled members and dependents additional services and discounts through value added programs. For more details regarding other available plan resources, please contact Cigna's customer service at (800) 244-6224 or visit www.myCigna.com. Healthy Rewards Cigna’s Healthy Rewards is provided to members automatically at no additional cost and offers access to discounted health and wellness programs at participating providers. Members can log on to www.myCigna.com and select Healthy Rewards to learn more about these programs or call (800) 870-3470. 9 Vision Care 9 LASIK Vision Correction services 9 Fitness Club Discounts 9 Nutrition Discounts 9 Hearing Care 9 Tobacco Cessation 9 Alternative Medicine Cigna | Customer Service: (800) 244-6224 | www.myCigna.com 24-Hour Health Information Line: (800) 564-9286 Telehealth Cigna provides access to telehealth services as part of the medical plan. MDLIVE is a convenient phone and video consultation company that provides immediate medical assistance for many conditions. This benefit is provided to all enrolled members. Registration is suggested and should be completed prior to receiving services. This program allows members 24 hours a day, seven (7) days a week on-demand access to affordable medical care via phone and online video consultations when needing immediate care for non-emergent medical issues. Telehealth should be considered when employee's primary care doctor is unavailable, after-hours or on holidays for non-emergency needs. Many urgent care ailments can be treated with telehealth, such as: 9 Sore Throat 9 Headache 9 Stomachache 9 Fever 9 Cold And Flu 9 Allergies 9 Rash 9 Acne 9 UTIs And More Telehealth doctors do not replace employee's primary care physician but may be a convenient alternative for urgent care and ER visits. For further information please contact Cigna. Cigna MDLIVE | Customer Service: (888) 726-3171 | www.MDLIVEforCigna.com City of Clearwater | Employee Benefit Highlights | 2021 8© 2016, Gehring Group, Inc., All Rights Reserved Cigna Open Access Plus (OAP) Plan At-A-Glance Network Cigna Open Access Plus (OAP) Calendar Year Deductible (CYD)In-Network Out-of-Network* Single $2,000 $2,000 Family $4,000 $4,000 Coinsurance Member Responsibility 10%30% Calendar Year Out-of-Pocket Maximum Single $3,500 $3,500 Family $7,000 $7,000 What Applies to the Out-of-Pocket Maximum?Deductible, Coinsurance, Copays and Rx Physician Services Primary Care Physician (PCP) Office Visit $20 Copay 30% After CYD Specialist Office Visit $40 Copay 30% After CYD Telehealth Services No Charge Not Covered Non-Hospital Services; Freestanding Facility Clinical Lab (Bloodwork)**No Charge 30% After CYD X-rays/Advanced Imaging (MRI, PET, CT) (i.e. Akumin)No Charge 30% After CYD Outpatient Surgery in Surgical Center (Per Visit)10% After CYD $300 Copay + 30% After CYD Outpatient Physician Services 10% After CYD 30% After CYD Urgent Care Center (Per Visit; Waived if Admitted)$75 Copay $75 Copay Hospital Services Hospital Pre-Admission Requirement Yes, or you pay 100%Yes, or you pay 100% Inpatient (Per Admission)10% After CYD $500 PAD + 30% After CYD Physician Services at Hospital 10% After CYD 30% After CYD Emergency Room (Per Visit; Waived if Admitted)$150 Copay $150 Copay Ambulance (Emergency Services Only)10% After CYD 10% After CYD Outpatient Rehabilitation Facility Charge (60 Visits Annual Maximum)$40 Per Visit 30% After CYD Mental Health/Alcohol & Substance Abuse Inpatient (Prior Authorization is Required)No Charge 30% Coinsurance Outpatient Facility (Prior Authorization is Required)$10 Copay Per Visit 30% Coinsurance Prescription Drugs (Retail 30-Day Supply) Generic $10 Copay 30% Coinsurance Preferred Brand Name $30 Copay 30% Coinsurance Non-Preferred Brand Name $50 Copay 30% Coinsurance Mail-Order Drug (90-Day Supply)2x Retail Copay Not Covered Locate a Provider To search for a participating provider, contact Cigna’s customer service or visit www.myCigna.com. When completing the necessary search criteria, select Open Access Plus network. Plan References *Out-Of-Network Balance Billing: For information regarding out-of- network balance billing that may be charged by out-of-network providers, please refer to the Summary of Benefits and Coverage (SBC) document. ** LabCorp and Quest Diagnostics are the preferred labs for bloodwork through Cigna. When using a lab other than LabCorp or Quest, please confirm they are contracted with Cigna’s Open Access Plus network prior to receiving services. Important Notes • Please remember that out-of-network providers may balance bill for charges that exceed the allowed billed amount, even once the out-of-pocket limit has been reached. • Specialty medications can be filled the first time through the pharmacy, but subsequent fills need to be done through the mail order pharmacy. 9 City of Clearwater | Employee Benefit Highlights | 2021 © 2016, Gehring Group, Inc., All Rights Reserved Dental Insurance Sun Life and Cigna Plans The City offers a variety of dental insurance options to eligible employees through Sun Life and Cigna Employee Benefits. Dental insurance is 100% employee paid and semi-monthly premiums are payroll deducted 24 times a year. The employee costs are shown on the premium table below. A brief description of the dental plan options and a summary of the benefits are shown below and on the following page. For detailed coverages, exclusions, and stipulations, please refer to the carrier’s benefit summary or contact the carrier’s customer service number. The Prepaid Dental DHMO Plans: Sun Life Low Option, Cigna P5X00, Cigna F1-09 If a member enrolls in a prepaid dental plan, they must choose a dentist from a list of participating providers and make copays for member's general dental needs. If a specialist is required, member must select a specialist from a list of participating specialists. The member can either pay the appropriate copays from the provider’s Schedule of Benefits and Subscriber copays or pay at discounted prices. Covered member must be treated by in-network dentists or specialists. Prepaid dental plan highlights include the following: • NO deductibles or claim forms • NO preexisting condition limitation NO maximum benefit level • NO benefit waiting period for any service Pediatric Dental benefits are available for children up to age 17 through the Cigna DHMO plan. Child(ren) age 17 or older must be seen by a general dentist. The PPO/Traditional (Indemnity) Dental Insurance Plan: Cigna DPPO Cigna provides a PPO/Traditional (indemnity) dental plan that gives the member freedom of choice when selecting dental care providers. The member pays the cost of dental care at the time services are received and files a claim form. After satisfying a deductible, the member will be responsible for the applicable coinsurance level depending on the type of dental service performed. Highlights of the PPO/Traditional (Indemnity) Plan include the following: • Freedom to visit a dentist of choice at any time • Claims must be filed • Reduced out-of-pocket expenses when visiting participating PPO dentist • Annual Deductible - $50 per participant for basic, major, and orthodontic services - maximum of three (3) deductibles assessed per family - $150 • Annual benefit maximum - $1,100 per person • Orthodontics - $1,000 lifetime maximum • No benefit waiting period for preventive, basic and major services. • A missing tooth limitation does apply for the first 12 months of continuing coverage. Dental Insurance – Active Employees 2021 Semi-Monthly Pay Period Premium Deductions Tier of Coverage Sun Life Low Option Cigna P5X00 Cigna F1-09 Cigna DPPO Employee Only $3.61 $8.61 $10.76 $19.16 Employee + One Dependent $6.11 $16.01 $20.04 $38.82 Employee + Family $9.64 $20.84 $26.09 $57.23 Dental Insurance – Retirees 2021 Monthly Premium Rates Tier of Coverage Sun Life Low Option Cigna P5X00 Cigna F1-09 Cigna DPPO Retiree Only $7.22 $17.21 $21.52 $38.31 Retiree + One Dependent $12.21 $32.02 $40.08 $77.64 Retiree + Family $19.27 $41.68 $52.18 $114.46 Sun Life | Customer Service: (800) 442-7742 www.sunlifedentalbenefits.com Sun Life Dental Directory: https://www.slfserviceresources.com. Choose Find A Dentist, DHMO or Prepaid Dental Plan, Florida, Heritage Series. Cigna | Customer Service: (800) 244-6224 | www.myCigna.com Cigna Dental Directory: https://hcpdirectory.cigna.com/web/public/providers. For Cigna P5X00 or Cigna F1-09, choose HMO plans. For Cigna DPPO, choose PPO plans. City of Clearwater | Employee Benefit Highlights | 2021 10© 2016, Gehring Group, Inc., All Rights Reserved Sun Life and Cigna Dental Plans At-A-Glance *Member must select a participating dentist from the provider listing and notify the carrier of member's selection in order for benefits to be payable. **Out-of-network balance billing is the difference between the “allowed amount” an insurance company will pay to an in-network provider and the higher amount that an out-of-network provider charges members. Balance billing is in addition to any applicable plan deductible or coinsurance responsibility and may be the responsibility of the employee. ***Copays for these services do not include the additional cost of noble metal alloys, high noble metal alloys, titanium or titanium alloys. The additional cost of precious metal shall not exceed $150 per unit and $75 per unit for porcelain fused to metal (only molars) Porcelain/ceramic substrate crowns on molars are not covered. ****Codes represent a typical orthodontia treatment plan. Actual costs may vary for an individual’s plan. Treatment extending over 24 months is not covered and will be charged at the provider’s reasonable and customary rates. Prepaid Dental DHMO Summary of Benefits Sun Life Low Option Plan* Cigna P5X00* Cigna F1-09*Aflac Codes Sample Procedures Copay / Fee Schedule Aflac Pays Examinations 9430 Consultation/Office Visit $10 $5 $0 $35 0120 Periodic Oral Exam & Diagnosis $0 $0 $0 $35 X-Rays 0272 Bitewings 2 Films $0 $0 $0 $20 0210 Complete Series $0 $0 $0 $20 Preventative Care 1110 Complete Prophylaxis (Adult)$0 $0 $0 $35 1510 Space Maintainer $60 + Lab $25 + Lab $0 $115 Restorative 2330 Resin-One Surface, Anterior $35 $0 $0 $70 2391 Resin-One Surface, Posterior (Adult)$60 $55 $47 $60 Endodontics 3310 Anterior Tooth (Excludes Final Restoration)$135 $80 $12 $210 3330 Molar Tooth $245 $250 $280 $350 Periodontics 4210 Gingivectomy/Gingivoplasty (Per Quadrant)$120 $130 $220 $180 4260 Osseous Surgery (Per Quadrant)$350 $295 $465 $350 Prosthodontics 5110 Complete Upper Denture $295 + Lab $150*** $500 $485 5120 Complete Lower Denture $375 + Lab $150***$500 $485 Fixed Crown & Bridge 6240 Bridge Pontic-Porcelain Fused to High Noble Metal/Unit $265 + Lab $185***$380 $350 6750 Crown-Porcelain Fused to High Noble Metal/Unit $265 + Lab $185***$390 $350 Oral Surgery 7111 Extraction Single Tooth $20 $5 $12 $55 7220 Extraction-Soft Tissue Impaction $65 $50 $21 $120 7240 Extraction-Full Bony Impaction $100 $90 $120 $180 Orthodontics**** Child Orthodontics 8660/70/80, 8080, 8999 25% discount $2,414 $3,307 Adult Orthodontics 8660/70/80, 8090, 8999 25% discount $3,014 $4,027 PPO / Traditional Summary of Benefits Cigna DPPO Benefit Schedule In Network Out of Network** Annual Deductible Per Person $50 $50 Family Maximum $150 $150 Waived for Preventative? Yes Yes Benefit Level Preventative 100%100% Basic 80%80% Major 50%50% Orthodontics - Child (24 Months)50%50% Maximum Benefit Annual Benefit Maximum $1,100 $1,100 Orthodontia Annual Maximum $500 $500 Orthodontia Lifetime Maximum $1,000 $1,000 Out-of-Network Benefits Payable Level N/A 70th Percentile Major Services 12 months Benefit Classification: Endodontics Basic Basic Periodontics Basic Basic 11 City of Clearwater | Employee Benefit Highlights | 2021 © 2016, Gehring Group, Inc., All Rights Reserved Vision Insurance Humana Vision Care Plan The City offers vision insurance through Humana to benefit-eligible employees. A brief description of the Humana Vision Care plan and summary of benefits is provided below. Vision insurance is 100% employee paid and semi-monthly premiums are deducted from employee's paycheck 24 times a year. The employee costs per pay period are shown on the premium table below. For detailed coverages, exclusions and stipulations, please refer to the Humana's benefit summary or contact Humana’s customer service. Vision Insurance – Humana Vision Care Plan Employee Semi-Monthly Premium Deductions Tier of Coverage Employee Cost Employee Only $2.94 Employee + One Dependent $5.87 Employee + Family $7.85 Vision Insurance – Humana Vision Care Plan Retiree/COBRA* Monthly Premium Rates Tier of Coverage Retiree Cost Retiree Only $5.87 Retiree + One Dependent $11.74 Retiree + Family $15.69 *A 2% administrative charge will be added to the monthly rate for COBRA. In-Network Benefits The vision plan offers employee and covered dependent(s) coverage for routine eye care, including eye exams, eyeglasses (lenses and frames) or contact lenses. To schedule an appointment, covered members can select any optometrist or ophthalmologist that participates in the Humana Insight network. At the time of service, routine vision examinations and basic optical needs will be covered as shown on the plan’s schedule of benefits. Cosmetic services and optional upgrades are available at an additional discount. There is no calendar year deductible or out-of-pocket maximum, however, there are benefit reimbursement maximums for certain services. How to Locate a Provider To search for a participating provider: 1. Go to Humana.com and click "Find a Doctor" 2. Select Vision and click "Go" 3. Select the Humana Vision (Humana Insight Network) 4. A page will pop up where search criteria can be added Services In Network Eye Exam $10 copay (once every 12 months) Lenses (single, bifocal, trifocal)$15 copay (once every 12 months) Frames Up to $130 Allowance plus an additional 20% discount above $130 (once every 24 months) Contact Lenses Non-elective (Medically Necessary)*100% (once every 12 months) Contact Lenses Elective (Fitting, Follow-up & Lenses)* Up to $130 Allowance plus an additional 15% discount above $130 (once every 12 months) Diabetic Eye Care (Includes Care and Testing) No Charge Contact Humana’s customer service for an out-of-network reimbursement schedule. *Contact lenses are in lieu of lenses/frames. Medically necessary contact lenses require prior authorization. Please Note: Member options, such as LASIK, UV coating, progressive lenses, etc. are not covered in full, but may be available at a discount. Please refer to Humana's benefit summary or contact Humana's customer service for additional information. Humana | Customer Service: (877) 398-2980 | www.humana.com City of Clearwater | Employee Benefit Highlights | 2021 12© 2016, Gehring Group, Inc., All Rights Reserved Employee Assistance Program The City provides at no cost to employees, a comprehensive Employee Assistance Program (EAP), which is available to employees and each household family member. The EAP offers unlimited telephonic counseling and up to five (5) face-to-face sessions, per person, per issue, with a licensed professional through a confidential program that is protected by State and Federal laws. The EAP program is available to help individuals gain a better understanding of problems that affect them, locate the best professional help for the particular problem, and decide upon a plan of action. All EAP counselors are professionally trained, certified, and licensed in their fields. What is an Employee Assistance Program? An Employee Assistance Program (EAP) offers covered employees and each household family member free and convenient access to a range of confidential and professional services to help them address a variety of problems that can negatively affect well-being such as: 9 Anxiety 9 Stress 9 Depression 9 Life Improvement 9 Family and/or Marriage Problems 9 Grief and Bereavement 9 Substance Abuse 9 Gambling and Other Addictions 9 Legal and Financial Concerns Are Services Confidential? Yes. Voluntary participation in EAP services is completely confidential. However, if participation in the EAP is the direct result of a Management Referral (a referral initiated by a supervisor or manager), permission to communicate certain aspects of employee’s care (attendance at sessions, adherence to treatment plans, etc.) to referring Human Resources may be requested or required. Human Resources will not receive specific information regarding referred employee's care, they will only receive reports on whether referred employee is complying with attendance and prescribed treatment plan. To Access Services Employee and family member(s) may register and create a user ID on www.myCigna.com to access EAP services. Please Note: Mental Health and Substance Abuse is a covered medical benefit under the City’s group medical insurance plans with Cigna. However, there is still some assistance available through the City’s EAP program that may be beneficial for acute situations, such as face-to-face or telephonic counseling sessions. For more information regarding the EAP offerings for these conditions, please contact customer service or log onto the myCigna.com site. Cigna Behavioral Health | Customer Service: (877) 622-4327 www.myCigna.com Life Insurance The City provides each benefit-eligible employee with Life insurance in the following amounts, at no cost to the employee: • CWA – One and one-half times employee's annual base salary up to a maximum of a $50,000 benefit • FOP and IAFF – $2,500 benefit • SAMP – $2,500 benefit plus one times employee annual base salary ›SAMP employees also have the ability to purchase additional coverage in increments of $50,000 up to a maximum of five (5) times annual salary or $500,000. Newly hired or newly eligible SAMP employees can elect up to $150,000 coverage without submission of Evidence of Insurability for up to 31 days following initial date of eligibility. Any election of life insurance more than 31 days after the date of initial eligibility and/or the election of any amount exceeding $150,000 will require the submission of Evidence of Insurability and approval by the carrier. Contact Human Resources for plan details and premium rates. Human Resources | Phone: (727) 562-4870 13 City of Clearwater | Employee Benefit Highlights | 2021 © 2016, Gehring Group, Inc., All Rights Reserved Voluntary Supplemental Insurance: Aflac Individual Plans The City offers a variety of supplemental insurance plans through Aflac. Aflac plans may be purchased separately on a voluntary basis and premiums payroll deducted. Aflac pays money directly to the members, regardless of what other insurance plans they may have. A description of each available plan and bi-weekly premium rates have been provided below. To learn more about these Aflac plans and/or schedule a personal appointment, contact the City’s Aflac Agent, Frank D’Ascoli, at (727) 514-7977. Aflac Accident Advantage Plan Covers on-the-job and off-the-job injuries due to accidents for employee and covered family member(s). Employee $9.30 One Parent Family $16.58 Employee & Spouse $15.21 Two Parent Family $23.40 Hospital Choice Plan Aflac will pay a hospital confinement benefit of $2,000 when covered person is confined for 23 hours or more. $2,000 benefit will be paid if hospital confinement occurs 90 days from the previous confinement. No Lifetime Maximum. Benefits also include $25 physician visit reimbursements, diagnostic imaging, in-patient and out-patient surgery and daily hospital confinement. See policy brochure for details. 18-49 Base Plan Base + EB Rider Base + HSSC Rider Base + HSSC Rider Individual $25.55 $31.40 $34.78 $40.63 One Parent Family $31.46 $43.10 $44.20 $55.84 Employee & Spouse $38.09 $50.38 $54.99 $67.28 Two Parent Family $38.29 $53.18 $55.45 $70.34 50-59 Base Plan Base + EB Rider Base + HSSC Rider Base + HSSC Rider Individual $25.81 $32.44 $37.64 $44.27 One Parent Family $31.66 $43.56 $46.16 $58.06 Employee & Spouse $40.17 $53.95 $63.64 $77.42 Two Parent Family $40.50 $55.65 $64.75 $79.90 60-75 Base Plan Base + EB Rider Base + HSSC Rider Base + HSSC Rider Individual $27.30 $34.00 $42.71 $49.41 One Parent Family $31.92 $44.08 $50.97 $63.13 Employee & Spouse $44.14 $58.05 $73.52 $87.43 Two Parent Family $44.40 $60.20 $75.80 $91.60 • Base Plan pays $2,000 upon 24 hr Confinement which covers the Cigna deductible. It also pays for ER, short stays and rehab services. • Extended Benefits (EB) Rider pays Dr visits, imaging, lab tests, ambulance, etc. • Hospital Stay & Surgical Care (HSSC) Rider pays initial assistance benefits, surgery, invasive diagnostic exams, daily confinement, and more. City of Clearwater | Employee Benefit Highlights | 2021 14© 2016, Gehring Group, Inc., All Rights Reserved Voluntary Supplemental Insurance: Aflac Individual Plans (Continued) Cancer Protection Plan Although medical insurance is usually adequate for most illnesses, it cannot always withstand the financial burden cancer can impose on employee and family. Individual: $22.47 One Parent Family: $22.47 Employee & Spouse: $40.42 Two Parent Family: $40.42 Critical Care Protection Plan Level I with $500 Annual Building Benefit Rider - Medical science and early, fast detection have increased survival rates for many serious medical conditions. Aflac provides the financial assistance to help employees get back on their feet if employee is faced with expensive treatment and loss of income for any of the specified health events listed. Ages Individual One Parent Family Employee + Spouse Two Parent Family 18 - 35 $5.53 $6.11 $8.58 $9.62 36 - 45 $8.91 $9.30 $14.69 $15.99 46 - 55 $12.03 $12.42 $20.74 $22.17 56 - 70 $15.67 $16.06 $28.67 $30.42 Short Term Disability Guaranteed Issue Benefits. Provides coverage for disabilities resulting from a covered sickness or off-the-job injury. 3-month Disability Benefit Period. 7-day Elimination Period. Benefits payable when policyholder’s earnings are less than 80% of pre-disability salary. Annual Income $19,000 $24,000 $27,000 $32,000 $36,000 $39,000 $43,000 $47,000 $50,000 $55,000 $58,000 Monthly Benefit $1,000 $1,200 $1,400 $1,600 $1,800 $2,000 $2,200 $2,400 $2,600 $2,800 $3,000 Age 18-64 $11.05 $13.26 $15.47 $17.68 $19.89 $22.10 $24.31 $26.52 $28.73 $30.94 $33.15 65-74 $13.65 $16.38 $19.11 $21.84 $24.57 $27.30 $30.03 $32.76 $35.49 $38.22 $40.95 Annual Income $63,000 $69,000 $72,000 $78,000 $88,000 $93,000 $102,000 $116,000 $120,000 $125,000 Monthly Benefit $3,200 $3,400 $3,600 $3,800 $4,000 $4,200 $4,400 $4,600 $4,800 $5,000 Age 18-64 $35.36 $37.57 $39.78 $41.99 $44.20 $46.41 $48.62 $50.83 $53.04 $55.25 65-74 $43.68 $46.41 $49.14 $51.87 $54.60 $57.33 $60.06 $62.79 $65.52 $68.25 Aflac Dental Plan Aflac’s dental plan supplements a member's current dental plan by providing cash benefits directly to members for dental services. There is no network however; waiting periods may apply depending on services needed. Policy annual maximum $1,680 per covered person for the first year. Increases of $120 per year for the first five years. Individual: $11.64 One Parent Family: $20.35 Employee & Spouse: $20.48 Two Parent Family: $29.32 Aflac | Customer Service: (800) 992-3522 | Agent: Frank D’Ascoli | Phone: (727) 514-7977 | Email: Frank.DAscoli@verizon.net | Fax: (877) 442-3522 15 City of Clearwater | Employee Benefit Highlights | 2021 © 2016, Gehring Group, Inc., All Rights Reserved Flexible Spending Accounts The City offers Flexible Spending Accounts (FSA) administered through WageWorks/Aflac. The FSA plan year is from January 1 to December 31. If employee or family member(s) has predictable health care or work-related day care expenses, then employee may benefit from participating in an FSA. An FSA allows employee to set aside money from employee's paycheck for reimbursement of health care and day care expenses that they regularly pay. The amount set aside is not taxed and is automatically deducted from employee’s paycheck and deposited into the FSA. During the year, employee has access to this account for reimbursement of some expenses that are not covered by insurance. Participation in an FSA allows for substantial tax savings and an increase in spending power. Participating employee must re-elect the dollar amount they wish to have deducted each plan year. There are two (2) types of FSAs: Health Care FSA Dependent Care FSA This account allows participant to set aside up to an annual maximum of $2,750. This money will not be taxable income to the participant and can be used to offset the cost of a wide variety of eligible medical expenses that generate out-of-pocket costs. Participating employee can also receive reimbursement for expenses related to dental and vision care (that are not classified as cosmetic). Examples of common expenses that qualify for reimbursement are listed below. Qualified expenses include day care centers, preschool, and before/after school care for eligible children and adults. This account allows participants to set aside up to an annual maximum of $5,000 if single or married and file a joint tax return ($2,500 if married and file a separate tax return) for work-related day care expenses. Please note that if family income is over $20,000, this reimbursement option will likely save participants more money than the dependent day care tax credit taken on a tax return. To qualify, dependents must be: • A child under the age of 13, or • A child, spouse or other dependent who is physically or mentally incapable of self-care and spends at least eight (8) hours a day in the participant’s household. Please Note: The entire Health Care FSA election is available for use on the first day coverage is effective. Please Note: Unlike the Health Care FSA, reimbursement is only up to the amount that has been deducted from participant’s paycheck for the Dependent Care FSA. A sample list of qualified expenses eligible for reimbursement include, but not limited to, the following: 9 Prescription/Over-the-Counter Medications 9 Physician Fees and Office Visits 9 LASIK Surgery 9 Menstrual Products 9 Drug Addiction/Alcoholism Treatment 9 Mental Health Care 9 Ambulance Service 9 Experimental Medical Treatment 9 Nursing Services 9 Chiropractic Care 9 Corrective Eyeglasses and Contact Lenses 9 Optometrist Fees 9 Dental and Orthodontic Fees 9 Hearing Aids and Exams 9 Sunscreen SPF 15 or Greater 9 Diagnostic Tests/Health Screenings 9 Injections and Vaccinations 9 Wheelchairs Log on to http://www.irs.gov/publications/p502/index.html for additional details regarding qualified and non-qualified expenses. City of Clearwater | Employee Benefit Highlights | 2021 16© 2016, Gehring Group, Inc., All Rights Reserved Flexible Spending Accounts (Continued) FSA Guidelines • Employee must re-elect the dollar amount they wish to contribute to FSAs in Bentek each year. • Employee may carry over up to $550 of unused Health Care FSA funds into the next plan year and after all claims have been filed. Dependent Care funds CANNOT be carried over. • The Health Care FSA has a run out period at the end of the plan year (90 days) to submit reimbursement on eligible expenses incurred during the period of coverage within the plan year (January 1 - December 31). • When a plan year ends and all claims have been filed with the exception of the $550 rollover for the Health Care FSA, all unused funds will be forfeited and NOT returned. To check rollover balance, please call WageWorks/Aflac at (866) 679-7649. • If employee separates employment from the City, their FSA card is immediately turned off. Outstanding claims must be submitted within 30 days via fax or online in order to be paid. Claims incurred after the date of termination will not be paid. In some circumstances an FSA may be continued through COBRA. • Employee can enroll in either or both FSAs during Open Enrollment period, a Qualifying Event, or New Hire Eligibility period. • Money cannot be transferred between FSAs. • Reimbursed expenses cannot be deducted for income tax purposes. • Employee and dependent(s) cannot be reimbursed for services they have not received. • Employee and dependent(s) cannot receive insurance benefits or any other compensation for expenses which are reimbursed through an FSA. • Domestic Partners are not eligible as Federal law does not recognize them as a qualified dependents. • Irrevocable Election Rule: IRS rules prohibit the modification and/ or revocation of elections before the beginning of the next plan year unless there is a qualifying change in status (i.e., change in marital status, employment status, work schedule, number of tax dependents, dependents’ eligibility or worksite, or as otherwise defined by the IRS). The change must be a result of and correspond with the change in status (as determined by the employer/plan administrator). Filing a Claim Claim Form Some service providers may not have the ability to accept a debit card, so employee may want to confirm with provider beforehand. If a service provider does not accept the debit card, employee may pay for the services and submit a paper claim for reimbursement to WageWorks, administer of the FSA benefits on behalf of Aflac. Paper claim forms may be obtained from Human Resources, on the Launchpad, or directly from the Wageworks website. Employee may also view the status of employee's account at any time. Documentation may also be required for some claims. Please maintain all receipts for FSA related services for the entire plan year. Debit Card FSA participants will automatically be provided with a debit card for payment of eligible expenses. Employee who currently has a debit card from the prior year can keep the card and new elections will be pre-loaded for 2021. If employee does not have debit card from 2020, employee may request a new card by calling WageWorks/ Aflac at (866) 679-7649. Most eligible services or items are automatically tabulated as FSA qualified when employee uses the debit card. As a reminder, over-the- counter items are no longer considered a qualified expense, unless prescribed by a physician. Employee may find a list of qualified and non-qualified expenses at http://irs.gov/publications/p502/index.html. HERE’S HOW IT WORKS! Employee earning $30,000 elects to place $1,000 into a Health Care FSA. The payroll deduction is $41.66 based on a 24 pay period schedule. As a result, health care expenses are paid with tax-free dollars, giving employee a tax savings of $197. With a Health Care FSA Without a Health Care FSA Salary $30,000 $30,000 FSA Contribution - $1,000 - $0 Taxable Pay $29,000 $30,000 Estimated Tax 19.65% = 12% + 7.65% FICA - $5,698 - $5,895 After Tax Expenses - $0 - $1,000 Spendable Income $23,302 $23,105 Tax Savings $197 Please Note: Be conservative when estimating health care and/or dependent care expenses. IRS regulations state that any unused funds which remain in an FSA after a plan year ends and after all claims have been filed, cannot be returned or carried forward to the next plan year, with the exception of the $550 carry over that may be allowed for the Healthcare Reimbursement FSA. This is known as the “USE-IT OR LOSE-IT” rule. WageWorks/Aflac | Agent: Frank D'Ascoli | Phone: (727) 514-7977 Fax: (877) 353-9256 | www.takecarewageworks.com 17 City of Clearwater | Employee Benefit Highlights | 2021 © 2016, Gehring Group, Inc., All Rights Reserved Retirement Benefit Summary The City allows employee, upon retirement, to continue most benefits. Retirees who elect to continue City benefits will have premiums paid as an after-tax deduction from retiree's pension benefit. Retirees will be responsible for the full monthly premium cost for each benefit chosen (the City does not subsidize any portion of benefits for retirees). Upon retiring, if the retiree opts-out of coverage, retiree will no longer be eligible to participate in the City’s plans. Retirees will not be able to continue Flexible Spending Accounts (which may be continued through COBRA) and the Life insurance (which may be continued through direct payment to the provider). Disability Retirement Benefit The City allows retirees to apply for non-work related disability benefit. This benefit matches the active employee disability benefit but is only available upon retirement if employee has completed at least 10 years of pensionable service. Retirees also may apply for work related disability benefit. This benefit will either match the active employee disability benefit or a minimum percentage of the final monthly compensation (42% for Non-Hazardous Duty or 66 2/3% for Grandfathered and Hazardous Duty participants) whichever is greater, as long as they are participating in the plan. Pension Benefits The City Employees’ Pension Plan is an IRS-qualified, defined benefit plan, self-administered by the City and created for the sole purpose of providing retirement benefits to its participants. The contribution and benefit will depend on employee’s job classification and participation date, prior to retiring. Please Note: The reference “Grandfathered” is defined as an employee who was eligible for normal retirement and contributing to the pension prior to the ordinance changes on 1/1/13. How much does employee contribute to the pension? • Grandfathered - Participants contribute 8% of pensionable earnings, including special pays and overtime. • Non-Hazardous Duty - Participants contribute 8% of base compensation. • Hazardous Duty - Participants contribute 10% of pensionable earnings, including special pays and overtime (up to 300 hours per calendar year). The City contributes an amount determined annually by the plan actuary based on the plan’s performance, (not less than 7% of basic compensation for all employees participating). All deductions are on a pre-tax basis. Employees participating in the pension plan do not contribute to Social Security (OASDI) during that time; although most do have Medicare (HI) taxes deducted. 18 City of Clearwater | Employee Benefit Highlights | 2021 © 2016, Gehring Group, Inc., All Rights Reserved Pension Benefits (Continued) Participants may opt to elect other forms of retirement, each of which will be calculated at the actuarial equivalent of the normal form based on the biographical data of the participant and the beneficiary. • Joint and Survivor Annuity - An annuity paid monthly for the life of the participant. Upon death, 100% paid to the surviving spouse, and if none, the surviving children under the age of 18, for a period of five (5) years, after which time the benefit is reduced by 50% for the life of the beneficiary or until the spouse remarries or the child reaches the age of 18, whichever comes first. (Non-Hazardous Duty employees, if employee is not Grandfathered, this option is not available). • Single Life Annuity - An annuity paid monthly for the life of the participant. • 10-Year Certain and Life Annuity - An annuity paid monthly for the life of the participant with 120 payments guaranteed. • 50, 75, 100 or 66 2/3% Joint and Survivor Annuity - An annuity paid monthly for the life of the participant. Upon death, 50%, 75%, 100% or 66 2/3% is paid to the surviving beneficiary for life. In addition to the above options, a Partial Lump Sum option is available. This allows retirees to receive 10%, 20% or 30% of their normal retirement benefit as a one-time lump sum payment received in the first pension benefit payment, with the monthly benefits reduced accordingly thereafter. This lump sum amount is eligible for rollover. When can Employee retire on pension? • Grandfathered and Non-Hazardous Duty (hired before 1/1/13) – Participants must either complete 30 years of pensionable service, 20 years of service and be at least age 55 or 10 years of service and be at least age 65. • Non-Hazardous Duty (hired after 1/1/13) – Participants must either complete 25 years of pensionable service and be at least age 60 or complete 10 years of pensionable service and be at least age 65. • Hazardous Duty – Participants must either complete 20 years of pensionable service or complete ten years of pensionable service and be at least age 55. (There is an early retirement option for Hazardous Duty participants, which pays as early as age 50 after ten years of pensionable service, with a 3% reduction for each year below the age of 55). How is retirement benefit calculated? • For Grandfathered, all Hazardous Duty and Non-Hazardous Duty (hired before 1/1/13) participants, the normal monthly benefit formula is: 2.75% multiplied by the number of years of credited service multiplied by final monthly average compensation. Example: Final Avg. Compensation $43,200 X Pension Factor 0.0275 X Credited Service 25 Annual benefit $29,700 Monthly Benefit $2,475 • For Non-Hazardous Duty (hired after 1/1/13) participants, the normal monthly benefit formula is: 2% multiplied by the number of years of credited service multiplied by final monthly average compensation. Example: Final Avg. Compensation $43,200 X Pension Factor 0.02 X Credited Service 25 Annual benefit $21,600 Monthly Benefit $1,800 19 City of Clearwater | Employee Benefit Highlights | 2021 © 2016, Gehring Group, Inc., All Rights Reserved Pension Benefits (Continued) What if employee leaves the City before employee is eligible to retire? • If employee has completed at least ten years of pensionable service, employee may vest interest in the plan and begin to collect a retirement benefit when employee would otherwise have been eligible, while working for the City. • If employee has less than ten years of pensionable service or does not wish to vest, employee may elect to receive a refund of employee's contributions to the plan plus 5% simple interest. What if employee passes away as an active employee? • If employee has a named beneficiary on file, that person will be able to select either a refund of employee contributions or a monthly retirement benefit, depending on employee's preference and whether or not employee completed at least ten years pensionable service. • If there is no beneficiary on file, a refund of contributions will be paid to employee's estate unless married or have minor children at the time of death, in which case they may receive a limited benefit. What are the rules regarding a beneficiary to employee's pension benefit? • Participants are encouraged to elect a beneficiary to be kept on file in the event of pre-retirement death. Until retirement, participants may elect to change the beneficiary at any time. • After retirement, the beneficiary may be changed twice, depending on the option selected, which will result in a recalculation of the monthly benefit amount. • Only one (1) beneficiary may be named at a time. For more information regarding retirement benefits and options available, employee may visit the Launchpad and view the City Code of Ordinances which describes, in detail, the provisions of the retirement plans. Employee may also contact Jennifer Moulton, the Senior Pension Payroll Analyst, at (727) 562-4523 or Jennifer.Moulton@MyClearwater.com with additional questions, request an estimate or to make an appointment to complete retirement paperwork. Claims, Billing & Benefit Assistance If employees have questions on claims, receive bills from providers which they do not understand or would like general information on any of the employee benefits provided, please contact the Gehring Group Service Team. The Gehring Group Service Team works directly with City of Clearwater and its employees to provide claims and benefits service and will assist employees with their concerns. Please remember this is in addition to Human Resources and is not replacing assistance employee may need from Human Resources. Employee may contact a claims specialist by: 1. Email: cityofclearwater@gehringgroup.com Please include your name, contact information and a brief description of the issue. A Gehring Group Claims Specialist will respond via email or phone call to gather additional information. OR 2. Call: (800) 244-3696 When calling, please identify yourself as an employee of the City of Clearwater and ask to speak to a Claims Specialist or another member of the City of Clearwater's designated team to assist with questions or concerns. Office hours are Monday through Friday, 8:30am – 5:00pm. If calling after office hours, please leave a message indicating you are a City of Clearwater employee who would like to speak to a Claims Specialist. Please leave full name, contact information and a brief message and a Claims Specialist will be in contact with you the following business day. At the Gehring Group, our goal is to be your advocate and ensure issues are resolved as quickly as possible. Q A& 20 City of Clearwater | Employee Benefit Highlights | 2021 Notes Use this section to make notes regarding personal benefit plans or to keep track of important information such as doctors' names and addresses or prescription medications. © 2016, Gehring Group, Inc., All Rights Reserved 3500 Kyoto Gardens Drive Palm Beach Gardens, Florida 33410 Toll Free: (800) 244-3696 | Fax: (561) 626-6970 www.gehringgroup.com © 2016, Gehring Group, Inc., All Rights Reserved FINAL Revised 1 Last Modified: February 22, 2021 4:40 PM 2020Employee Benefit Highlights City of Cape Coral | Employee Benefit Highlights | 2020 Contact Information Human Resources – Benefits Division Department Fax: (239) 574-0522 Phone: (239) 574-0441 Deana Watson Phone: (239) 574-0526 Benefits Specialist Phone: (239) 574-0531 Online Benefit Enrollment Bentek Support: (888) 5-Bentek (523-6835) www.mybentek.com/cityofcapecoral Medical Insurance Florida Blue HMO Customer Service: (877) 352-2583Away From Home: (800) 717-8641PPO Customer Service: (800) 583-9072www.floridablue.com Prescription Drug Coverage & Mail-Order Program Prime Therapeutics Customer Service: (877) 794-3574www.myprime.com Alliance Rx Walgreens Prime Customer Service: (888) 849-7865 www.alliancerxwp.com Dental Insurance Florida Combined Life DHMO Customer Service: (877) 325-3979DPPO Customer Service: (888) 223-4892www.floridabluedental.com Vision Insurance Vision Service Plan Customer Service: (800) 877-7195 www.vsp.com Flexible Spending Accounts WageWorks Customer Service: (877) 924-3967www.wageworks.com Employee Assistance Program New Directions Behavioral Health Customer Service: (800) 624-5544www.ndbh.com | Login Code: SGE3F Basic Life and AD&D Insurance USAble Life Customer Service: (800) 370-5856 www.usablelife.com Voluntary Life Insurance USAble Life Customer Service: (800) 370-5856www.usablelife.com Long Term Disability Insurance USAble Life Customer Service: 370-5856 www.usablelife.com Supplemental Insurance Aflac Agent: Cindy Bender | Phone: (727) 686-2315Agent: Paul O'Rourke | Phone: (727) 366-4627Customer Service: (877) 803-9912www.aflac.com Legal & Identity Theft Plans LegalShield Agent: Don Thompson | Phone: (239) 699-2983 Customer Service: (800) 654-7757 www.legaldshield.com Deferred Compensation Programs ICMA-RC Agent: Gabe Alba | Phone: (866) 822-3634 www.icmarc.org Nationwide Agent: Jessica Rosen | Phone: (239) 821-4779Email: Roj791@nationwide.comwww.nationwide.com Pension Plans General and Fire Plan Administrator: Ferrell Jenne Assistant Plan Administrator: Kelly Konarski Plans Analyst: Melody Hall Phone: (239) 333-4872 www.mypensionbenefit.com Police Agent: Amber McNeill | Phone: (239) 573-4753www.resourcecenters.com Employee Health and Wellness Center My Health Onsite Customer Service: (888) 644-1448 www.myhealthonsite.com Claims, Billing & Benefit Assistance Gehring Group Customer Service: (800) 244-3696Email: cityofcapecoral@gehringgroup.com © 2016, Gehring Group, Inc., All Rights Reserved City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Table of Contents Introduction 1 Notice 1 Online Benefit Enrollment 1 Group Insurance Eligibility 2-3 Qualifying Events and Section 125 3 Medical Insurance 4 Summary of Benefits and Coverage 4 Other Available Plan Resources 5 Away From Home Care 5 Florida Blue – BlueCare 16 HMO Plan At-A-Glance 6 Florida Blue – BlueOptions Low 3360 PPO Plan At-A-Glance 7 Florida Blue – BlueOptions High 3562 PPO Plan At-A-Glance 8 Dental Insurance 9 Florida Combined Life BlueDental Care DHMO Plan At-A-Glance 10 Florida Combined Life BlueDental Choice Low DPPO Plan At-A-Glance 12 Florida Combined Life BlueDental Choice Plus High DPPO Plan At-A-Glance 14 Vision Insurance 15 VSP Base Option Plan At-A-Glance 16 VSP Premier Option Plan At-A-Glance 18 Flexible Spending Accounts 19-20 Employee Assistance Program 21 Basic Life and AD&D Insurance 21 Voluntary Life Insurance 21-22 Long Term Disability 22 Supplemental Insurance 23 Legal & Identity Theft Plans: LegalShield 24 Deferred Compensation Programs 25 Claims, Billing & Benefit Assistance 25 Notes 26-27 This booklet is merely a summary of employee benefits. For a full description, refer to the plan document. Where conflict exists between this summary and the plan document, the plan document controls. The City of Cape Coral reserves the right to amend, modify or terminate the plan at any time. This booklet should not be construed as a guarantee of employment. 1 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Introduction The City of Cape Coral provides group insurance benefits to all eligible employees. The Employee Benefit Highlights Booklet provides a general summary of the benefit options as a convenient reference. Please refer to the City’s Personnel Policies and/or Certificates of Coverage for detailed descriptions of all available employee benefit programs and stipulations therein. If employee requires further explanation or needs assistance regarding claims processing, please refer to the customer service phone numbers under each benefit description heading or contact Human Resources. Notice Notification of Grandfather Status The City of Cape Coral has determined the medical plans offered are “grandfathered medical plans” under the Patient Protection and Affordable Care Act. As permitted by the Affordable Care Act, a grandfathered medical plan can preserve certain basic medical coverage that was already in effect when the law was enacted. Being a grandfathered medical plan means your plan may not include certain consumer protections of the Affordable Care Act that apply to other plans, for example, the requirement for the provision of preventive health services without any cost sharing. However, grandfathered medical plans must comply with certain other consumer protections in the Affordable Care Act, for example, the elimination of lifetime limits on benefits. Questions regarding which protections apply and which protections do not apply to a grandfathered medical plan and what might cause a plan to change from grandfathered medical plan status can be directed to Human Resources. You may also contact the U.S. Department of Health and Human Services at www.healthcare.gov. Please Note: More information is available on the above notices by contacting Human Resources. Online Benefit Enrollment The City provides employees with an online benefits enrollment platform through Bentek’s Employee Benefits Center (EBC). The EBC provides benefit-eligible employees the ability to select or change insurance benefits online during the annual Open Enrollment period, New Hire Orientation, or Qualifying Events. Accessible 24 hours a day, throughout the year, employee may log in and review comprehensive information regarding benefit plans and view and print an outline of benefit elections for employee and dependent(s). Employee has access to important forms and carrier links, can report qualifying life events and review and make changes to Life insurance beneficiary designations. To Access the Employee Benefits Center: 9 Log on to www.mybentek.com/cityofcapecoral 9 Sign in using a previously created username and password or click "Create an Account" to set up a username and password. 9 If employee has forgotten username and/or password, click on the link “Forgot Username/Password” and follow the instructions. 9 Once logged on, navigate to the menu in order to review current elections, learn about benefit options, and make elections, changes or beneficiary designations. For technical issues directly related to using the EBC, please call (888) 5-Bentek (523-6835) or email Bentek Support at support@mybentek.com, Monday through Friday, during regular business hours, 8:30 am to 5:00 pm. To access Employee Benefits Center online, log on to: www.mybentek.com/cityofcapecoral Please Note: Link must be addressed exactly as written. Due to security reasons, the website cannot be accessed by Google or other search engines. 2 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Group Insurance Eligibility The City's group insurance plan year is January 1 through December 31. Employee Eligibility Based on the following classifications, benefit-eligible employees may participate in certain group insurance plans: Classification I – Employees scheduled to work an average of 37.5 hours or more per week may participate in all the City’s group insurance benefits. Coverage will be effective the first of the month following 30 days of employment for general and charter school employees. For example, if employee is hired on April 11, then the effective date of coverage will be June 1. Medical and Life insurance benefits are available for eligible Police and Fire on date of hire. Please Note: Classification II employees, please reference the CSII Employee Benefit Highlights booklet for available benefit options. Separation of Employment If employee separates employment from the City, insurance will continue through the end of month in which separation occurred. COBRA continuation of coverage may be available as applicable by law. Dependent Eligibility A dependent is defined as the legal spouse/domestic partner and/or dependent child(ren) of the participant or spouse/domestic partner. The term “child” includes any of the following: • A natural child • A stepchild • A legally adopted child • A newborn child (up to the age of 18 months) of a covered dependent (Florida) • A child for whom legal guardianship has been awarded to the participant or the participant’s spouse/domestic partner Dependent Age Requirements Medical Coverage: A dependent child may be covered through the end of the calendar year in which the child turns age 26. An over- age dependent may continue to be covered on the medical plan to the end of the calendar year in which the child reaches age 30, if the dependent meets the following requirements: • Unmarried with no dependents; and • A Florida resident, or full-time or part-time student; and • Otherwise uninsured; and • Not entitled to Medicare benefits under Title XVIII of the Social Security Act, unless the child is disabled. Dental Coverage: Dependent children may be covered through the end of the calendar year in which the child turns age 30. Vision Coverage: Dependent children may be covered through the end of the month in which the child turns age 30. Please see Taxable Dependents if covering eligible over-age dependents. Disabled Dependents Coverage for an unmarried dependent child may be continued beyond age 26 if: • The dependent is physically or mentally disabled and incapable of self-sustaining employment; and • Primarily dependent upon the employee for support; and • The dependent is otherwise eligible for coverage under the group medical plan; and • The dependent has been continuously insured Proof of disability will be required upon request. Please contact Human Resources if further clarification is needed. JANUARY 01 3 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Group Insurance Eligibility (Continued) Taxable Dependents Employee covering adult child(ren) under employee's medical, dental and vision insurance plans may continue to have the related coverage premiums payroll deducted on a pre-tax basis through the end of the calendar year in which dependent child reaches age 26. Beginning January 1 of the calendar year in which dependent child reaches age 27 through the end of the calendar year in which the dependent child reaches age 30, imputed income must be reported on the employee’s W-2 for that entire tax year. Imputed income is the dollar value of insurance coverage attributable to covering the adult dependent child. Note: There is no imputed income if adult dependent child is eligible to be claimed as a dependent for Federal income tax purposes on the employee’s tax return. Contact Human Resources for further details if covering an adult dependent child who will turn age 27 any time during the upcoming calendar year or for more information. Domestic Partner Coverage Domestic Partners may be eligible to participate in the City’s group medical, dental and vision insurance plans if the partner is officially registered as a domestic partner with the City and will be required to complete a Declaration of Domestic Partnership. The IRS guidelines state that employee may not receive a tax advantage on any portion of premiums paid related to domestic partner coverage. Employees insuring domestic partners and/or child dependent(s) of a domestic partner are required to pay imputed income tax on subsidy amounts and should consult a tax advisor. Please contact Human Resources for more information. Qualifying Events and Section 125 Section 125 of the Internal Revenue Code Premiums for medical, dental, vision insurance, contributions to Flexible Spending Accounts (FSA), and/or certain supplemental policies are deducted through a Cafeteria Plan established under Section 125 of the Internal Revenue Code and are pre-taxed to the extent permitted. Under Section 125, changes to employee's pre-tax benefits can be made ONLY during the Open Enrollment period unless the employee or qualified dependent(s) experience(s) a Qualifying Event and the request to make a change is made within 30 days of the Qualifying Event. Under certain circumstances, employee may be allowed to make changes to benefit elections during the plan year, if the event affects the employee, spouse or dependent’s coverage eligibility. An “eligible” Qualifying Event is determined by Section 125 of the Internal Revenue Code. Any requested changes must be consistent with and due to the Qualifying Event. Examples of Qualifying Events: • Employee gets married or divorced • Birth of a child • Employee gains legal custody or adopts a child • Employee's spouse and/or other dependent(s) die(s) • Employee, employee's spouse and/or dependent(s) terminate or start employment • An increase or decrease in employee's work hours causes eligibility or ineligibility • A covered dependent no longer meets eligibility criteria for coverage • A child gains or loses coverage with other parent or legal guardian • Change of coverage under an employer’s plan • Gain or loss of Medicare coverage • Losing eligibility or becoming eligible for coverage under a State Medicaid or CHIP (including Florida Kid Care) program (60 day notification period) IMPORTANT NOTES If employee experiences a Qualifying Event, Human Resources must be contacted within 30 days of the Qualifying Event to make the appropriate changes to employee's coverage. Beyond 30 days, requests will be denied and employee may be responsible, both legally and financially, for any claim and/or expense incurred as a result of employee or dependent who continues to be enrolled but no longer meets eligibility requirements. If approved, changes may be effective the date of the Qualifying Event or the first of the month following the Qualifying Event. Newborns are effective on the date of birth. Cancellations will be processed at the end of the month. Employee may be required to furnish valid documentation supporting a change in status or “Qualifying Event.” 4 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Medical Insurance The City offers medical insurance through Florida Blue to benefit-eligible employees. The costs per pay period for coverage are listed in the premium tables below and a brief summary of benefits is provided on the following pages. For more detailed information about the medical plans, please refer to the carrier’s Summary of Benefits and Coverage (SBC) document or contact Florida Blue’s customer service. Medical Insurance Florida Blue – BlueCare 16 HMO Plan 24 Payroll Deductions – Per Pay Period Cost Tier of Coverage Employee Cost Employee Only $0.00 Employee + Spouse $222.46 Employee + Child(ren)$123.19 Employee + Family $346.18 Medical Insurance Florida Blue – BlueOptions Low 3360 PPO Plan 24 Payroll Deductions – Per Pay Period Cost Tier of Coverage Employee Cost Employee Only $0.00 Employee + Spouse $183.39 Employee + Child(ren)$101.45 Employee + Family $285.53 Medical Insurance Florida Blue – BlueOptions High 3562 PPO Plan 24 Payroll Deductions – Per Pay Period Cost Tier of Coverage Employee Cost Employee Only $0.00 Employee + Spouse $281.67 Employee + Child(ren)$149.04 Employee + Family $428.49 Florida Blue HMO Customer Service: (877) 352-2583 PPO Customer Service: (800) 583-9072 www.floridablue.com Summary of Benefits and Coverage A Summary of Benefits & Coverage (SBC) for the Medical Plan is provided as a supplement to this booklet being distributed to new hires and existing employees during Open Enrollment. The summary is an important item in understanding employee's benefit options. A free paper copy of the SBC document may be requested or is also available as follows: From: Human Resources Address: 1015 Cultural Park Blvd. Cape Coral, FL 33990 Phone: (239) 574-0441 Website URL: www.mybentek.com/cityofcapecoral The SBC is only a summary of the plan’s coverage. A copy of the plan document, policy, or certificate of coverage should be consulted to determine the governing contractual provisions of the coverage. A copy of the group certificate of coverage can be reviewed and obtained by contacting Human Resources. If there are questions about the plan offerings or coverage options, please contact Human Resources at (239) 574-0441. 5 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Other Available Plan Resources Florida Blue offers all enrolled employees and dependents additional services and discounts through value added programs. For more details regarding other available plan resources, please contact Florida Blue’s customer service or visit www.floridablue.com. The Florida Blue Mobile App Florida Blue’s mobile website can be accessed from any smartphone or download the app from the iPhone® or Android™ with just a tap! Visit the smartphone’s app store and search for Florida Blue or visit http://apps.floridablue.com. Blue365 Blue365 is a free discount program on products and services available to all members such as: • Vision Care, Glasses, and Contact Lenses • Hearing Care and Aids • Fitness Club Memberships, Exercise Footwear and Apparel • Weight Loss Management • Alternative Medicine • Elder Care Advisory Services • Hotel Rooms and Travel Information For more information, please contact Florida Blue at (800) 345-3885 or visit www.floridablue.com and select “Members” then “Members Tips & Tools.” Click “Discounts & Rewards” and then click “I Agree” on the “Explore Healthy Choices with Blue 365” website. Florida Blue | Customer Service: (800) 345-3885 | www.floridablue.com Away From Home Care Florida Blue provides benefit coordination for out-of-state dependents participating in the BlueCare HMO Plan. • Florida Blue’s Benefit Coordination department takes an Away From Home (AFHC) application and refers the information to the AFHC Department who contacts the dependents local BlueCross/ BlueShield Office and sets up an active membership in that location. • Dependent must have a local address for the out-of-state location at time of application. • Application has a three (3) week turnaround • Approvals will last up to 12 months from the date of the application. If renewing, please reapply before the end of the 12 month period to ensure continuous enrollment. • Maintenance medications can be filled at nationwide pharmacies including: Walmart, CVS, Walgreens or through the Florida Blue PrimeMail. Prescriptions will be sent to employee's home and then employee will mail to dependents. Excluded States/Territories: 9 Alabama 9 Alaska 9 Iowa 9 Idaho 9 Kansas 9 Maryland (by county – call AFHC to verify) 9 Mississippi 9 Montana 9 Nebraska 9 North Dakota 9 Oregon 9 Puerto Rico 9 Rhode Island 9 South Carolina 9 South Dakota 9 Tennessee 9 Utah 9 Vermont 9 Washington 9 West Virginia 9 Wyoming Away From Home Care | Coordination Department: (800) 717-8641 6 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Locate a Provider To search for a participating provider, contact Florida Blue’s customer service or visit www.floridablue.com. When completing the necessary search criteria, select BlueCare (HMO) network. Plan References *Charges are based on the doctor coding as preventive visit not diagnostic (wellness visit only, not for any illness or injury). Please check the carrier's Summary of Benefits and Coverage (SBC) document or contact Florida Blue for a list of preventive exams and for information regarding age and plan requirements. **Quest Diagnostics is the preferred lab for blood work through Florida Blue. When using a lab other than Quest, please confirm they are contracted with Florida Blue’s BlueCare (HMO) network prior to receiving services. Important Notes Services received by providers or facilities not in the BlueCare (HMO) network, will not be covered. Florida Blue – BlueCare 16 HMO Plan At-A-Glance Network BlueCare (HMO) Calendar Year Deductible (CYD)In-Network Single $0 Family $0 Coinsurance Member Responsibility 0% Calendar Year Out-of-Pocket Limit Single $3,000 Family $6,000 What Applies to the Out-of-Pocket Maximum?Copays (Including Rx) Physician Services Primary Care Physician (PCP) Office Visit $25 Copay Specialist Office Visit $50 Copay Preventive Care Adult / Child Wellness Visits*No Charge Non-Hospital Services; Freestanding Facility Clinical Lab (Blood Work)**No Charge X-rays No Charge Advanced Imaging (MRI, PET, CT) (Prior Authorization Required)$250 Copay Outpatient Surgery in Surgical Center $200 Copay Physician Services at Surgical Center No Charge Urgent Care (Per Visit)$75 Copay Hospital Services Inpatient Hospital (Per Admission)$750 Copay Outpatient Hospital (Per Visit)$200 Copay Physician Services at Hospital No Charge Emergency Room (Per Visit; Waived if Admitted)$150 Copay Mental Health/Alcohol & Substance Abuse Inpatient Hospital Services (Per Admission)No Charge Outpatient Services (Per Visit)No Charge Outpatient Office Visit No Charge Prescription Drugs (Rx) Generic $10 Copay Preferred Brand Name $30 Copay Non-Preferred Brand Name $50 Copay Mail Order Drug (90 Day Supply)2x Retail Copay 7 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Locate a Provider To search for a participating provider, contact Florida Blue’s customer service or visit www.floridablue.com. When completing the necessary search criteria, select BlueOptions network. Plan References *Out-of-Network Balance Billing: For information regarding out-of-network balance billing that may be charged by out-of-network providers, please refer to the plan's Summary of Benefits and Coverage (SBC) document. **Charges are based on the doctor coding as preventive visit not diagnostic (wellness visit only, not for any illness or injury). Please check the carrier's Summary of Benefits and Coverage (SBC) document or contact Florida Blue for a list of preventive exams and for information regarding age and plan requirements. ***Quest Diagnostics is the preferred lab for blood work through Florida Blue. When using a lab other than Quest, please confirm they are contracted with Florida Blue’s BlueOptions network prior to receiving services. Florida Blue – BlueOptions Low 3360 PPO Plan At-A-Glance Network BlueOptions Calendar Year Deductible (CYD)In-Network Out-of-Network* Single $1,500 $3,000 Family $4,500 $9,000 Coinsurance Member Responsibility 20% After CYD 40% After CYD Calendar Year Out-of-Pocket Limit Single $3,000 $5,000 Family $6,000 $10,000 What Applies to the Out-of-Pocket Maximum?Deductible, Coinsurance, Copays and Rx Physician Services Primary Care Physician (PCP) Office Visit $25 Copay 40% After CYD Specialist Office Visit $50 Copay 40% After CYD Preventive Care Adult/Child Wellness Visits**No Charge 40% Coinsurance Non-Hospital Services; Freestanding Facility Clinical Lab (Blood Work)***No Charge 40% After CYD X-rays 20% After CYD 40% After CYD Advanced Imaging (MRI, PET, CT) (Prior Authorization Required)20% After CYD 40% After CYD Outpatient Surgery in Surgical Center 20% After CYD 40% After CYD Physician Services at Surgical Center 20% After CYD 40% After CYD Urgent Care 20% After CYD 20% After CYD Hospital Services Inpatient Hospital (Per Admission)Options 1 & 2: 20% After CYD 40% After CYD Outpatient Hospital (Per Visit)Options 1 & 2: 20% After CYD 40% After CYD Physician Services at Hospital 20% After CYD 20% After In-Network CYD Emergency Room (Per Visit; Waived if Admitted)20% After CYD 20% After CYD Mental Health/Alcohol & Substance Abuse Inpatient Hospital Services (Per Admission)No Charge 40% Coinsurance Outpatient Services (Per Visit)No Charge 40% Coinsurance Outpatient Office Visit No Charge 40% Coinsurance Prescription Drugs (Rx) Generic $10 Copay 50% Coinsurance Preferred Brand Name $30 Copay 50% Coinsurance Non-Preferred Brand Name $50 Copay 50% Coinsurance Mail Order Drug (90 Day Supply)2x Retail Copay 50% Coinsurance 8 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Locate a Provider To search for a participating provider, contact Florida Blue’s customer service or visit www.floridablue.com. When completing the necessary search criteria, select BlueOptions network. Plan References *Out-of-Network Balance Billing: For information regarding out-of-network balance billing that may be charged by out-of-network providers, please refer to the plan's Summary of Benefits and Coverage (SBC) document. **Charges are based on the doctor coding as preventive visit not diagnostic (wellness visit only, not for any illness or injury). Please check the carrier's Summary of Benefits and Coverage (SBC) document or contact Florida Blue for a list of preventive exams and for information regarding age and plan requirements. ***Quest Diagnostics is the preferred lab for blood work through Florida Blue. When using a lab other than Quest, please confirm they are contracted with Florida Blue’s BlueOptions network prior to receiving services. Florida Blue – BlueOptions High 3562 PPO Plan At-A-Glance Network BlueOptions Calendar Year Deductible (CYD)In-Network Out-of-Network* Single $500 Family $1,500 Coinsurance Member Responsibility 20% After CYD 50% After CYD Calendar Year Out-of-Pocket Limit Single $2,500 $5,000 Family $5,000 $10,000 What Applies to the Out-of-Pocket Maximum?Deductible, Coinsurance, Copays and Rx Physician Services Primary Care Physician (PCP) Office Visit $15 Copay 50% After CYD Specialist Office Visit $35 Copay 50% After CYD Preventive Care Adult/Child Wellness Visits**No Charge 50% Coinsurance Non-Hospital Services; Freestanding Facility Clinical Lab (Blood Work)***No Charge 50% After CYD X-rays $50 Copay 50% After CYD Advanced Imaging (MRI, PET, CT) (Prior Authorization Required)$125 Copay 50% After CYD Outpatient Surgery in Surgical Center $100 Copay 50% After CYD Physician Services at Surgical Center $35 Copay 50% After CYD Urgent Care $40 Copay $40 Copay After CYD Hospital Services Inpatient Hospital (Per Admission)Option 1: $600 Copay Option 2: $1,000 Copay 50% After CYD Outpatient Hospital (Per Visit)Option 1: $250 Copay Option 2: $350 Copay 50% After CYD Physician Services at Hospital No Charge No Charge Emergency Room (Per Visit; Waived if Admitted)$100 Copay $100 Copay Mental Health/Alcohol & Substance Abuse Inpatient Hospital Services (Per Admission)No Charge 50% Coinsurance Outpatient Services (Per Visit)No Charge 50% Coinsurance Outpatient Office Visit No Charge 50% Coinsurance Prescription Drugs (Rx) Generic $10 Copay 50% Coinsurance Preferred Brand Name $30 Copay 50% Coinsurance Non-Preferred Brand Name $50 Copay 50% Coinsurance Mail Order Drug (90 Day Supply)2x Retail Copay 50% Coinsurance 9 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Dental Insurance Florida Combined Life BlueDental Care DHMO Plan The City offers dental insurance through Florida Combined Life to benefit- eligible employees. The costs per pay period for coverage are listed in the premium table below and a brief summary of benefits is provided on the following page. For more detailed information about the dental plan, please refer to the carrier’s summary plan document or contact Florida Combined Life’s customer service. Dental Insurance – Florida Combined Life BlueDental Care DHMO Plan 24 Payroll Deductions – Per Pay Period Cost Tier of Coverage Employee Cost Employee Only $5.80 Employee + Spouse $11.60 Employee + Child(ren)$13.05 Employee + Family $21.00 In-Network Benefits The BlueDental Care DHMO dental plan is an in-network only plan that requires all services be received by a Primary Dental Provider (PDP). Employee and dependent(s) may select any participating dentist in the Florida Combined Life BlueDental Care Prepaid F network to receive covered services. There is no coverage for services received out-of-network. The BlueDental Care DHMO plan’s schedule of benefits is set forth by the Patient Charge Schedule (fee schedule) which is highlighted on the following page. Please refer to the summary plan document for a detailed listing of charges and benefits. Out-of-Network Benefits The BlueDental Care DHMO plan does not cover any services rendered by out- of-network facilities or providers. Calendar Year Deductible There is no calendar year deductible. Calendar Year Benefit Maximum There is no benefit maximum. IMPORTANT NOTES • Each covered family member may receive two (2) routine cleanings per calendar year covered under the preventive benefit. • Costs listed in the table are for services provided by your chosen Primary Dental provider only. • Waiting periods and age limitations may apply. • Children under age seven (7) may visit a pediatric dentist as their PDP. Children over the age of seven (7) are required to select a general dentist as their PDP. Florida Combined Life Customer Service: (877) 325-3979 | www.floridabluedental.com 10 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Locate a Provider To search for a participating provider, contact Florida Blue’s customer service or visit www.floridabluedental.com. When completing the necessary search criteria, select BlueDental Care Prepaid F network. Plan References *May require separate payment of Laboratory charges. Network BlueDental Care Prepaid F Calendar Year Deductible (CYD)In-Network Only Per Member Does Not ApplyPer Family Calendar Year Maximum Class I Services: Diagnostic & Preventive Code In-Network Office Visit 9430 $0 Routine Oral Exam (2 Per Year)0120 $0 Routine Cleanings (2 Per Year)1110 $0 Bitewing X-rays (2 Per Year)0272 $0 Complete X-rays (1 Every 3 Years)0210 $0 Fluoride Treatments to Age 16 (2 Per Year)1206 $0 Sealants to Age 16 1351 $10 Emergency Care to Relieve Pain (During Regular Hours)9110 $20 Class II Services: Basic Restorative Fillings (Amalgam, One Surface)2140 $5 Fillings (Resin, One Surface Anterior)2330 $30 Fillings (Resin, One Surface Posterior)2391 $45 Simple Extractions 7140 $0 Root Canal Therapy (Molar, Excluding Final Restoration)3330 $250 Local Anesthesia 9215 $0 General Anesthesia (First 15 Minutes)9222 $83 Repairs to Dentures 5511 $35* Class III Services: Major Restorative Bridges 6242 $270* Crowns (Porcelain Fused to Noble Metal)2752 $270* Dentures 5110 $375* Class IV Services: Orthodontia Benefit — Child/Adult 8080/8090 $1,900 Evaluation 8070/8080/8090 $45 Records/Treatment Planning 8070/8080/8090 $250 Retention 8680 $455 Florida Combined Life BlueDental Care DHMO Plan At-A-Glance 11 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Dental Insurance Florida Combined Life BlueDental Choice Low DPPO Plan The City offers dental insurance through Florida Combined Life to benefit- eligible employees. The costs per pay period for coverage are listed in the premium table below and a brief summary of benefits is provided on the following page. For more detailed information about the dental plan, please refer to the carrier’s summary plan document or contact Florida Combined Life’s customer service. Dental Insurance – Florida Combined Life BlueDental Choice Low DPPO Plan 24 Payroll Deductions – Per Pay Period Cost Tier of Coverage Employee Cost Employee Only $8.93 Employee + Spouse $17.86 Employee + Child(ren)$25.84 Employee + Family $35.38 In-Network Benefits The BlueDental Choice Low DPPO plan provides benefits for services received from in-network and out-of-network providers. It is also an open access plan which allows for services to be received from any dental provider without selecting a Primary Dental Provider (PDP) or obtain a referral to a specialist. The network of participating dental providers the plan utilizes is the Florida Combined Life BlueDental Choice network. These participating dental providers have contractually agreed to accept Florida Combined Life's contracted fee or "allowed amount." This fee is the maximum amount a Florida Combined Life dental provider can charge a member for a service. The member is responsible for a Calendar Year Deductible (CYD) and then coinsurance based on the plan's charge limitations. Out-of-Network Benefits Out-of-network benefits are used when member receives services by a non- participating Florida Combined Life BlueDental Choice provider. Florida Combined Life reimburses out-of-network services based on the percentage of fee schedule. The percentage of fee schedule is defined as the most common charge for a particular dental procedure performed in a specific geographic area. If services are received from an out-of-network dentist, the member may be responsible for balance billing. Balance billing is the difference between Florida Combined Life's fee schedule and the amount charged by the out-of- network dental provider. Balance billing is in addition to any applicable plan deductible or coinsurance responsibility. Calendar Year Deductible The BlueDental Choice Low DPPO plan requires a $50 individual or a $150 family deductible to be met for in-network or out-of-network services before most benefits will begin. The deductible is waived for preventive services. Calendar Year Benefit Maximum The maximum benefit (coinsurance) the BlueDental Choice Low DPPO plan will pay for each covered member is $1000 for in-network and out-of-network services combined. All services, including preventive services, accumulate towards the benefit maximum. Once the plan's benefit maximum is met, the member will be responsible for future charges until next calendar year. IMPORTANT NOTES • Each covered family member may receive up to two (2) routine cleanings per calendar year covered under the preventive benefit. • For any dental work expected to cost $500 or more, the plan will provide a “Pre-Determination of Benefits” upon the request of the dental provider. This will assist with determining approximate out-of-pocket costs should employee have the dental work performed. • Waiting periods and age limitations may apply. • Benefit frequency limitations may apply to certain services. Florida Combined Life Customer Service: (888) 223-4892 | www.floridabluedental.com 12 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Locate a Provider To search for a participating provider, contact Florida Blue's customer service or visit www.floridabluedental.com. When completing the necessary search criteria, select BlueDental Choice network. Plan References *Out-of-Network Balance Billing: For information regarding out-of-network balance billing that may be charged by out-of-network providers, please refer to the Out-of-Network Benefits section on the previous page. Network BlueDental Choice Calendar Year Deductible (CYD)In-Network Out-of-Network* Per Member $50 Per Family $150 Waived for Class I Services?Yes Calendar Year Benefit Maximum Per Member $1,000 Class I Services: Preventive Routine Oral Exam (2 Per Year) Plan Pays: 100% Deductible Waived Plan Pays: 80% Deductible Waived (Subject to Balance Billing) Routine Cleanings (2 Per Year) Bitewing X-rays (2 Films Per Year) Complete X-rays (1 Every 36 Consecutive Months) Class II Services: Basic Restorative Fillings (Amalgam and Composite) Plan Pays: 80% After CYD Plan Pays: 50% After CYD (Subject to Balance Billing) Simple Extractions Periodontics Oral Surgery Endodontics (Root Canal Therapy) Class III Services: Major Restorative Crowns Plan Pays: 50% After CYD Plan Pays: 50% After CYD (Subject to Balance Billing) Dentures Bridges Implant Class IV Services: Orthodontia Lifetime Maximum $1,000 Benefit (Child and Adult)Plan Pays: 50%Plan Pays: 50% (Subject to Balance Billing) Florida Combined Life BlueDental Choice Low DPPO Plan At-A-Glance 13 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Dental Insurance Florida Combined Life BlueDental Choice Plus High DPPO Plan The City offers dental insurance through Florida Combined Life to benefit- eligible employees. The costs per pay period for coverage are listed in the premium table below and a brief summary of benefits is provided on the following page. For more detailed information about the dental plan, please refer to Florida Combined Life’s summary plan document or contact Florida Combined Life’s customer service. Dental Insurance – Florida Combined Life BlueDental Choice Plus High DPPO Plan 24 Payroll Deductions – Per Pay Period Cost Tier of Coverage Employee Cost Employee Only $14.89 Employee + Spouse $35.33 Employee + Child(ren)$41.79 Employee + Family $63.15 In-Network Benefits The BlueDental Choice Plus High DPPO plan provides benefits for services received from in-network and out-of-network providers. It is also an open access plan which allows for services to be received from any dental provider without selecting a Primary Dental Provider (PDP) or obtain a referral to a specialist. The network of participating dental providers the plan utilizes is the Florida Combined Life BlueDental Choice Plus network. These participating dental providers have contractually agreed to accept Florida Combined Life's contracted fee or "allowed amount." This fee is the maximum amount a Florida Combined Life dental provider can charge a member for a service. The member is responsible for a Calendar Year Deductible (CYD) and then coinsurance based on the plan's charge limitations. Out-of-Network Benefits Out-of-network benefits are used when member receives services by a non-participating Florida Combined Life BlueDental Choice Plus provider. Florida Combined Life reimburses out-of-network services based on what it determines is the Usual and Customary charge (U&C). The U&C is defined as the most common charge for a particular dental procedure performed in a specific geographic area. If services are received from an out-of-network dentist, the member may be responsible for balance billing. Balance billing is the difference between Florida Combined Life's U&C and the amount charged by the out-of-network dental provider. Balance billing is in addition to any applicable plan deductible or coinsurance responsibility. Calendar Year Deductible The BlueDental Choice Plus High DPPO plan requires a $50 individual or a $150 family deductible to be met for in-network or out-of-network services before most benefits will begin. The deductible is waived for preventive services. Calendar Year Benefit Maximum The maximum benefit (coinsurance) the BlueDental Choice Plus High DPPO plan will pay for each covered member is $2,000 for in-network and out- of-network services combined. All services, including preventive services accumulate towards the benefit maximum. Once the plan's benefit maximum is met, the member will be responsible for future charges until next calendar year. IMPORTANT NOTES • Each covered family member may receive up to two (2) routine cleanings per calendar year covered under the preventive benefit. • For any dental work expected to cost $500 or more, the plan will provide a “Pre- Determination of Benefits” upon the request of the dental provider. This will assist with determining approximate out-of-pocket costs should employee have the dental work performed. • Benefit frequency limitations may apply to certain services. Florida Combined Life Customer Service: (888) 223-4892 | www.floridabluedental.com 14 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Locate a Provider To search for a participating provider, contact Florida Blue's customer service or visit www.floridabluedental.com. When completing the necessary search criteria, select BlueDental Choice Plus network. Plan References *Out-of-Network Balance Billing: For information regarding out-of- network balance billing that may be charged by out-of-network providers, for services rendered, please refer to the Out-of-Network Benefits section on the previous page. Network BlueDental Choice Plus Calendar Year Deductible (CYD)In-Network Out-of-Network* Per Member $50 Per Family $150 Waived for Class I Services?Yes Calendar Year Benefit Maximum Per Member $2,000 Class I Services: Preventive Routine Oral Exam (2 Per Year) Plan Pays: 100% Deductible Waived Plan Pays: 100% Deductible Waived (Subject to Balance Billing) Routine Cleanings (2 Per Year) Bitewing X-rays (2 Films Per Year) Complete X-rays (1 Every 36 Consecutive Months) Class II Services: Basic Restorative Fillings (Amalgam and Composite) Plan Pays: 100% After CYD Plan Pays: 80% After CYD (Subject to Balance Billing) Simple Extractions Periodontics Oral Surgery Endodontics (Root Canal Therapy) Class III Services: Major Restorative Crowns Plan Pays: 60% After CYD Plan Pays: 50% After CYD (Subject to Balance Billing) Dentures Bridges Implant Class IV Services: Orthodontia Lifetime Maximum $1,500 Benefit (Child and Adult)Plan Pays: 50%Plan Pays: 50% (Subject to Balance Billing) Florida Combined Life BlueDental Choice Plus High DPPO Plan At-A-Glance 15 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Vision Insurance VSP Base Option Plan The City offers vision insurance through Vision Service Plan (VSP) to benefit- eligible employees. The costs per pay period for coverage are listed in the premium table below and a brief summary of benefits is provided on the following page. For more detailed information about the vision plan, please refer to the carrier's summary plan document or contact VSP’s customer service. Vision Insurance – VSP Base Option Plan 24 Payroll Deductions – Per Pay Period Cost Tier of Coverage Employee Cost Employee Only $2.50 Employee + Spouse $4.99 Employee + Child(ren)$5.34 Employee + Family $8.54 In-Network Benefits The vision plan offers employee and covered dependent(s) coverage for routine eye care, including eye exams, eyeglasses (lenses and frames) or contact lenses. To schedule an appointment, employee and covered dependent(s) can select any network provider who participates in the VSP Choice network. At the time of service, routine vision examinations and basic optical needs will be covered as shown on the plan’s schedule of benefits. Cosmetic services and upgrades are additional costs if chosen at the time of the appointment. Out-of-Network Benefits Employee and covered dependent(s) may choose to receive services from vision providers who do not participate in the VSP Choice network. When going out of network, the provider will require payment at the time of appointment. VSP will then reimburse based on the plan’s out-of-network reimbursement schedule upon receipt of proof of services rendered. Calendar Year Deductible There is no calendar year deductible. Calendar Year Out-of-Pocket Maximum There is no out-of-pocket maximum. However, there are benefit reimbursement maximums for certain services. Vision Service Plan (VSP) Customer Service: (800) 877-7195 | www.vsp.com 16 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved VSP Base Option Plan At-A-Glance Network VSP Choice Services In-Network Out-of-Network Eye Exam $10 Copay Up to $45 Reimbursement Contact Lens Exam (Fitting and Evaluation) Up to $60 Copay Not Covered Materials $15 Copay Reimbursement Based on Type of Service Frequency of Services Examination 12 Months Lenses 12 Months Frames 24 Months Contact Lenses 12 Months Lenses Single No Charge After $15 Materials Copay Up to $30 Reimbursement Bifocal Up to $50 Reimbursement Trifocal Up to $65 Reimbursement Frames Allowance Up to $135 Allowance on Any Frame or $185 for Featured Frame Brands Plus 20% Discount on Any Amount over the allowance After $15 Materials Copay Up to $70 Reimbursement Contact Lenses* Non-Elective (Medically Necessary)No Charge After $15 Materials Copay Up to $210 Reimbursement Elective Up to $115 Allowance Up to $105 Reimbursement Locate a Provider To search for a participating provider, contact Vision Service Plan’s customer service or visit www.vsp.com. When completing the necessary search criteria, select VSP Choice network. Plan References *Contact lenses are in lieu of spectacle lenses. Important Notes Member options, such as LASIK, UV coating, progressive lenses, etc. are not covered in full, but may be available at a discount. 17 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Vision Insurance VSP Premier Option Plan The City offers vision insurance through Vision Service Plan (VSP) to benefit- eligible employees. The costs per pay period for coverage are listed in the premium table below and a brief summary of benefits is provided on the following page. For more detailed information about the vision plan, please refer to the carrier's summary plan document or contact VSP’s customer service. Vision Insurance – VSP Premier Option Plan 24 Payroll Deductions – Per Pay Period Cost Tier of Coverage Employee Cost Employee Only $4.35 Employee + Spouse $8.71 Employee + Child(ren)$9.31 Employee + Family $14.90 In-Network Benefits The vision plan offers employee and covered dependent(s) coverage for routine eye care, including eye exams, eyeglasses (lenses and frames) or contact lenses. To schedule an appointment, employee and covered dependent(s) can select any network provider who participates in the VSP Choice network. At the time of service, routine vision examinations and basic optical needs will be covered as shown on the plan’s schedule of benefits. Cosmetic services and upgrades are additional costs if chosen at the time of the appointment. Out-of-Network Benefits Employee and covered dependent(s) may choose to receive services from vision providers who do not participate in the VSP Choice network. When going out of network, the provider will require payment at the time of appointment. VSP will then reimburse based on the plan’s out-of-network reimbursement schedule upon receipt of proof of services rendered. Calendar Year Deductible There is no calendar year deductible. Calendar Year Out-of-Pocket Maximum There is no out-of-pocket maximum. However, there are benefit reimbursement maximums for certain services. Vision Service Plan (VSP) Customer Service: (800) 877-7195 | www.vsp.com 18 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved VSP Premier Option Plan At-A-Glance Network VSP Choice Services In-Network Out-of-Network Eye Exam $10 Copay Up to $45 Reimbursement Contact Lens Exam (Fitting and Evaluation) Up to $60 Copay Not Covered Materials $15 Copay Reimbursement Based on Type of Service Frequency of Services Examination 12 Months Lenses 12 Months Frames 12 Months Contact Lenses 12 Months Lenses Single No Charge After $15 Materials Copay Up to $30 Reimbursement Bifocal Up to $50 Reimbursement Trifocal Up to $65 Reimbursement Frames Allowance Up to $180 Allowance on Any Frame or $230 Allowance for Featured Frame Brands Plus 20% Discount on Any Amount over the allowance After $15 Materials Copay Up to $70 Reimbursement Contact Lenses* Non-Elective (Medically Necessary)No Charge After $15 Materials Copay Up to $210 Reimbursement Elective Up to $140 Allowance Up to $105 Reimbursement Locate a Provider To search for a participating provider, contact Vision Service Plan’s customer service or visit www.vsp.com. When completing the necessary search criteria, select VSP Choice network. Plan References *Contact lenses are in lieu of spectacle lenses. Important Notes Member options, such as LASIK, UV coating, progressive lenses, etc. are not covered in full, but may be available at a discount. 19 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Flexible Spending Accounts The City offers Flexible Spending Accounts (FSA) administered through WageWorks. The FSA plan year is from January 1 to December 31. If employee or family member(s) has predictable health care or work-related day care expenses, then employee may benefit from participating in an FSA. An FSA allows employee to set aside money from employee's paycheck for reimbursement of health care and day care expenses they regularly pay. The amount set aside is not taxed and is automatically deducted from the employee’s paycheck and deposited into the FSA. During the year, employee has access to this account for reimbursement of some expenses not covered by insurance. Participation in an FSA allows for substantial tax savings and an increase in spending power. Participating employee must re-elect the dollar amount to be deducted each plan year. There are two (2) types of FSAs: Health Care FSA Dependent Care FSA This account allows participant to set aside up to an annual maximum of $2,700. This money will not be taxable income to the participant and can be used to offset the cost of a wide variety of eligible medical expenses that generate out-of-pocket costs. Participating employee can also receive reimbursement for expenses related to dental and vision care (that are not classified as cosmetic). Examples of common expenses that qualify for reimbursement are listed below. This account allows participant to set aside up to an annual maximum of $5,000 if single or married and file a joint tax return ($2,500 if married and file a separate tax return) for work-related day care expenses. Qualified expenses include day care centers, preschool, and before/after school care for eligible children and dependent adults. Please note, if a family income is over $20,000, this reimbursement option will likely save participants more money than the dependent day care tax credit taken on a tax return. To qualify, dependents must be: • A child under the age of 13, or • A child, spouse or other dependent that is physically or mentally incapable of self-care and spends at least eight (8) hours a day in the participant’s household. Please Note: The entire Health Care FSA election is available for use on the first day coverage is effective. Please Note: Unlike the Health Care FSA, reimbursement is only up to the amount that has been deducted from the participant’s paycheck for the Dependent Care FSA. A sample list of qualified expenses eligible for reimbursement include, but not limited to, the following: 9 Ambulance Service 9 Experimental Medical Treatment 9 Nursing Services 9 Chiropractic Care 9 Corrective Eyeglasses and Contact Lenses 9 Optometrist Fees 9 Dental and Orthodontic Fees 9 Hearing Aids and Exams 9 Prescription Drugs 9 Diagnostic Tests/Health Screenings 9 Injections and Vaccinations 9 Sunscreen SPF 15 or Greater 9 Physician Fees and Office Visits 9 LASIK Surgery 9 Wheelchairs 9 Drug Addiction/Alcoholism Treatment 9 Mental Health Care Log on to http://www.irs.gov/publications/p502/index.html for additional details regarding qualified and non-qualified expenses. 20 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Flexible Spending Accounts (Continued) FSA Guidelines • The Health Care FSA has a run out period at the end of the plan year (90 days) to submit reimbursement on eligible expenses incurred during the period of coverage within the plan year (January 1 – December 31). • When a plan year ends and all claims have been filed, all unused funds will be forfeited and not returned. • Employee can enroll in an FSA only during the Open Enrollment period, a Qualifying Event, or New Hire Eligibility period. • Money cannot be transferred between FSAs. • Reimbursed expenses cannot be deducted for income tax purposes. • Employee and dependent(s) cannot be reimbursed for services not received. • Employee and dependent(s) cannot receive insurance benefits or any other compensation for expenses reimbursed through an FSA. • Domestic Partners are not eligible as Federal law does not recognize them as a qualified dependent. Filing a Claim Claim Form A completed claim form along with a copy of the receipt as proof of the expense can be submitted by mail or fax. The IRS requires FSA participants to maintain complete documentation, including copies of receipts for reimbursed expenses, for a minimum of one (1) year. Debit Card FSA participants will automatically receive a debit card for payment of eligible expenses. With the card, most qualified services and products can be paid at the point of sale versus paying out-of-pocket and requesting reimbursement. The debit card is accepted at a number of medical providers and facilities, and most pharmacy retail outlets. WageWorks may request supporting documentation for expenses paid with a debit card. Failure to provide supporting documentation when requested, may result in suspension of the card and account until funds are substantiated or refunded back to the City. This card will not expire at the end of the benefit year. Please keep the issued card for use next year. Additional or replacement cards may be requested, however, a small fee may apply. HERE’S HOW IT WORKS! An employee earning $30,000 elects to place $1,000 into a Health Care FSA. The payroll deduction is $41.66 based on a 24 pay period schedule. As a result, the insurance premiums and health care expenses are paid with tax-free dollars, giving the employee a tax savings of $227. With a Health Care FSA Without a Health Care FSA Salary $30,000 $30,000 FSA Contribution - $1,000 - $0 Taxable Pay $29,000 $30,000 Estimated Tax 22.65% = 15% + 7.65% FICA - $6,568 - $6,795 After Tax Expenses - $0 - $1,000 Spendable Income $22,432 $22,205 Tax Savings $227 Please Note: Be conservative when estimating health care and/or dependent care expenses. IRS regulations state that any unused funds remaining in an FSA, after a plan year ends and after all claims have been filed, cannot be returned or carried forward to the next plan year. This rule is known as “use it or lose it.” WageWorks | Customer Service: (877) 924-3967 | www.wageworks.com 21 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Employee Assistance Program The City cares about the well-being of all employees on and off the job and provides, at no cost, a comprehensive Employee Assistance Program (EAP) through New Directions. EAP offers employee and each family member access to licensed mental health professionals through a confidential program protected by State and Federal laws. EAP is available to help employee gain a better understanding of problems that affect them, locate the best professional help for a particular problem, and decide upon a plan of action. EAP counselors are professionally trained and certified in their fields and available 24 hours a day, seven (7) days a week. What is an Employee Assistance Program? An Employee Assistance Program offers covered employees and family members/domestic partners free and convenient access to a range of confidential and professional services to help address a variety of problems that may negatively affect employee or family member’s well-being. Coverage includes three (3) face-to-face visits with a specialist, per person, per issue, per year, telephonic consultation, online material/tools and webinars. EAP offers counseling services on issues such as: 9 Child Care Resources 9 Legal Resources 9 Grief and Bereavement 9 Stress Management 9 Depression and Anxiety 9 Work Related Issues 9 Adult & Elder Care Assistance 9 Financial Resources 9 Family and/or Marriage Issues 9 Substance Abuse Are the services confidential? Yes. Receipt of EAP services is completely confidential. If, however, participation in the EAP is the direct result of a Management Referral (a referral initiated by Human Resources and a supervisor or manager), we will ask permission to communicate certain aspects of the employee’s care (attendance at sessions, adherence to treatment plans, etc.) to the referring supervisor/manager. The referring supervisor will not, however, receive specific information regarding the referred employee’s case. Human Resources will only receive reports on whether the referred employee is complying with the prescribed treatment plan. New Directions | Customer Service: (800) 624-5544 www.ndbh.com | Login Code: SGE3F Basic Life and AD&D Insurance Basic Term Life Insurance The City provides Basic Term Life insurance for all eligible City and Charter School employees at no cost, through USAble Life. Eligible employees will receive a benefit amount equal to two (2) times their annual base salary, to a maximum of $330,000. Accidental Death & Dismemberment Insurance Also, at no cost to the employee, the City provides Accidental Death & Dismemberment (AD&D) insurance, which pays in addition to the Basic Term Life benefit when death occurs as a result of an accident. The AD&D benefit amount equals the Basic Term Life benefit, partial benefits may also be payable. Always remember to keep beneficiary information updated. Beneficiary information may be updated at anytime through Bentek. USAble Life | Customer Service: (800) 370-5856 | www.usablelife.com Voluntary Life Insurance Voluntary Employee Life Insurance Eligible employee may elect to purchase additional Life insurance on a voluntary basis through USAble Life. This coverage may be purchased in addition to the Basic Term Life coverage. Voluntary Life insurance offers coverage for employee, spouse and/or child(ren) at different benefit levels. New Hires may purchase Voluntary Employee Life insurance without having to go through Medical Underwriting, also known as Evidence of Insurability (EOI), up to the Guaranteed Issue amount of $130,000. • Units can be purchased in increments of $10,000, up to five (5) times employee's annual salary, to the maximum of $500,000. • Benefit amounts are subject to the following age reduction schedule: ›Reduces to 65% of the benefit amount at age 70 ›Reduces to 50% of the benefit amount at age 75 • Rate Calculations can be viewed on Bentek. • Rates are subject to increase and are based on the employee’s age band. • Voluntary Life applications must be submitted to Human Resources. • Beneficiary information can be updated on Bentek: www.mybentek.com/cityofcapecoral 22 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Voluntary Life Insurance (Continued) Voluntary Spouse Life Insurance New Hires may purchase Voluntary Spouse Life insurance without having to go through Medical Underwriting, also known as Evidence of Insurability (EOI), up to the Guaranteed Issue amount of $30,000. • Employees must participate in the Voluntary Employee Life plan for spouse to participate. • Units can be purchased in increments of $5,000, to a maximum of $250,000, not to exceed 50% of the employee’s Voluntary Life coverage amount. • Benefit amounts are subject to the following age reduction schedule: ›Reduces to 65% of the benefit amount at age 70 ›Reduces to 50% of the benefit amount at age 75 • Spouse rates are determined by the employee’s age. Rate Calculations can be viewed on Bentek. Dependent Child(ren) Life Insurance • Employee must participate in Voluntary Employee Life plan for dependent child(ren) to participate. • For eligible unmarried children, from six (6) months up to age 30, coverage of $5,000 or $10,000 may be selected, however, coverage cannot exceed 50% of the employee’s Voluntary Employee Life coverage amount. • Child(ren) from 14 days to six (6) months may be covered for a reduced benefit of $500. Always remember to keep beneficiary information updated. Beneficiary information may be updated at anytime through Bentek. USAble Life | Customer Service: (800) 370-5856 | www.usablelife.com Long Term Disability The City provides Long Term Disability (LTD) insurance at no cost to all eligible City and Charter School employees through USAble Life. The LTD benefit pays a percentage of monthly earnings if employee becomes disabled due to an illness or non-work related injury. Eligible Police and Fire have disability provisions as a part of their pension plans. Please contact Human Resources for more information regarding LTD benefits. Long Term Disability (LTD) Benefits • LTD provides a benefit of 66.67% of employee's monthly earnings up to a benefit maximum of $5,000 per month. • Employee must be disabled for 180 consecutive days prior to becoming eligible for benefits (known as the elimination period). • Benefits will begin on the 181st day of disability. • Employee may continue to be eligible for partial benefits if employee returns to work on a part-time basis. • The maximum benefit period is determined based on employee's age at the time of disability. • Benefits may be reduced by other income. USAble Life | Customer Service: (800) 370-5856 | www.usablelife.com 23 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Supplemental Insurance Aflac The City offers a variety of Supplemental Insurance plans through Aflac. Employee can design their own benefit package by choosing the plans that suit their needs. Premiums are payroll deducted. Aflac pays employee directly, regardless of any other insurance they may have. The Cancer and Accident Plans, provide annual cash wellness benefits. Aflac plans are guaranteed renewable and rates are never raised due to claims, changes in health conditions or aging. The available plan options have been summarized below: • Cancer Protection Assurance: Aflac provides member with cash benefits if employee or a covered dependent are diagnosed with an internal cancer or skin cancer. This policy gives member more than 30 valuable benefits, including an initial diagnosis benefit, hospital confinement benefit, radiation and chemotherapy benefit, surgical/ anesthesia benefit, ambulance, and transportation and lodging benefits. There are four (4) optional riders available. • Accident Advantage Plan: Aflac provides member with cash benefits if employee or a covered dependent receive treatment for injuries sustained in a covered accident. The Plan provides coverage 24 hours a day, on or off the job. This policy provides an emergency treatment benefit, specific-sum injuries benefit, initial hospitalization benefit, MRI/CT imaging benefit, physical therapy and follow up doctor visit benefits, and even accidental death benefit, as well as many other benefits. • Short-Term Disability: Short-Term Disability provides income replacement benefits for disabilities for covered sickness or off- the-job accidents. If member is between ages 18-74, they can obtain disability coverage. Disability benefit periods, waiting periods for benefits to begin, and amount of monthly benefits can be customized to fit member's need. A guaranteed-issue option (meaning that no medical questions are asked) is available for benefit periods of up to six (6) months and benefits of up to $4,000 per month (maximum benefit is based on annual salary). Longer periods of coverage and higher benefits are available based on passing simplified underwriting questions. • Hospital Choice Plan: Aflac provides member with cash benefits if employee or a covered dependent are hospitalized due to a covered accident or a covered sickness. The base policy does not require underwriting and provides Confinement, Rehabilitation Facility, Emergency Room, and Short Stay benefits. There are two (2) optional riders available with this plan: ›The Extended Benefit Rider is guaranteed issue and adds physician visits, lab tests and x-rays, diagnostic and imaging, and ambulance benefits to policy. ›The Hospital Stay & Surgical Care Rider requires underwriting and approval. This rider provides initial assistance, Surgical, Invasive Diagnostic Exams, Intensive Care Confinement, Daily Confinement, and Second Surgical Opinion benefits. Aflac Customer Service | Office: (877) 803-9912 | Fax: (877) 803-9914 Agent: Paul O’Rourke | Direct: (727) 366-4627 Email: paulorourkesr@gmail.com Agent: Cindy Bender | Direct: (727) 686-2315 Email: cindybender14@gmail.com 24 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Legal & Identity Theft Plans: LegalShield LegalShield has over 40 years of experience providing legal protection to more than 1.5 million members. Our paid-in-advance partner law firms are ready to serve, not bill, with access to over 1,100 dedicated attorneys with 19 years average tenure. When necessary, member will also get access to over 5,000 additional attorneys, all ready to offer advice or assistance. LegalShield attorneys can help with all sorts of issues like traffic tickets, wills, financial issues, IRS Audits and so much more. From the trivial to the traumatic and everything in between, our attorneys will always be there to offer advice or assistance. LegalShield Benefits (Covers Member, Spouse and Unmarried Dependent Children (Up to age 21 Living at Home, College Students Up to age 23)) • Unlimited Personal or Business Advice • Letters and Phone Calls Written on Your Behalf • Documents and Contract Review (Up to 10 Pages) • Comprehensive Will Preparation, Living Will and Health Care Power of Attorney • Representation for Minor Moving Traffic Violations • Representation for Major Traffic Violations such as Vehicular Homicide, Manslaughter, Negligent Homicide (not drug or alcohol related) • Up to 2.5 Hours of help with Driver’s License Assistance, Personal Injury or Property Damage • Mortgage Document Assistance • Up to 300 Hours of Protection for Civil Lawsuits or Job Related Criminal Charges • 50 Hours of Representation in an IRS Audit • 24 Hours / 7 Days a Week Access for emergencies • Receive a 25% Discount on any services not otherwise covered by your plan benefits ID Shield (Covers Member, Spouse and Dependent Children (Up to eight (8) minors under age 18)) • Privacy Monitoring • Security Monitoring • Consultations Offered 24/7/365 • Full Service Restoration LegalShield 24 Payroll Deductions – Per Pay Period Cost Tier of Coverage Individual Family LegalShield $7.98 $7.98 ID Shield $4.48 $9.48 LegalShield & ID Theft Shield $12.45 $15.45 LegalShield | Customer Service: (800) 654-7757 | www.legalshield.com Agent: Don Thompson | Phone: (239) 699-2983 Email: donthompson@legalshieldassociate.com 25 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Deferred Compensation Programs The 457 Deferred Compensation Programs allow employees to set aside tax deferred dollars toward retirement savings through automatic payroll deductions. There is no employer matching for this program. The money contributed into this type of account, including earnings; accumulate on a tax deferred basis. Employee can consolidate their retirement savings by rolling other eligible retirement assets into this type of account. Minimum and maximum participation amounts apply. ICMA also offers the City’s employees a Roth IRA option which allows employee to set aside post-tax dollars in addition to the traditional IRA option which utilizes pre-tax dollars for retirement savings. The ICMA accounts are offered to all benefit-eligible employees. The Nationwide plan is only offered to City employees. ICMA Retirement Corporation Representative: Gabe Alba | Email: galba@icmarc.org Customer Service: (866) 822-3634 | www.icmarc.org Nationwide Representative: Jessica Rosen | Email: roj791@nationwide.com Customer Service: (239) 821-4779 | www.nationwide.com Claims, Billing & Benefit Assistance If employees have questions on claims, receive bills from providers which they do not understand or would like general information on any of the employee benefits provided, please contact the Gehring Group Service Team. The Gehring Group Service Team works directly with the City of Cape Coral and its employees to provide claims and benefits service and will assist employees with their concerns. Please remember this is in addition to the City of Cape Coral's Human Resources Department and is not replacing assistance employee may need from the Human Resources Department. Employee may contact a claims specialist by: 1. Email: cityofcapecoral@gehringgroup.com Please include your name, contact information and a brief description of the issue. A Gehring Group Claims Specialist will respond via email or phone call to gather additional information. OR 2. Call: (800) 244-3696 When calling, please identify yourself as an employee of the City of Cape Coral and ask to speak to a Claims Specialist or another member of the City of Cape Coral's designated team to assist with questions or concerns. Office hours are Monday through Friday, 8:30am – 5:00pm. If calling after office hours, please leave a message indicating you are a City of Cape Coral employee who would like to speak to a Claims Specialist. Please leave full name, contact information and a brief message and a Claims Specialist will be in contact with you the following business day. At the Gehring Group, our goal is to be your advocate and ensure issues are resolved as quickly as possible. Q A& 26 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Notes Use this section to make notes regarding personal benefit plans or to keep track of important information such as doctors' names and addresses or prescription medications. 27 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved27 City of Cape Coral | Employee Benefit Highlights | 2020 © 2016, Gehring Group, Inc., All Rights Reserved Notes Use this section to make notes regarding personal benefit plans or to keep track of important information such as doctors' names and addresses or prescription medications. • Onsite Family Medicine Physician • Wellness Programs & Health Coaching • Diabetic & Nutrition Counseling • Personalized Health Assessment—Vital Health Profile (VHP) • Onsite Medications, Laboratory, & X-ray Services • Customized Patient Portal to Access Medical Information that is Secure & Safe My Health Onsite Adheres to All HIPAA & Confidentiality Regulations © Copyright 2020 | All Rights Reserved Opening March 17th for Provider & Lab Appointments Eligible for Employees, Dependents, & Retirees on the Florida Blue Group Health Plan (HMO, High/Low PPO) My Health Onsite 24-hr Call Center Support Team: 888-644-1448EmployeeHealth & Wellne s s CenterServices Provided By: SERVICES PROVIDED TO YOU AT NO COST:CAPE CORAL EMPLOYEE HEALTH & WELLNESS CENTER Monday:Tuesday:Wednesday: Thursday: Friday:Saturday: 7:00am–5:00pm (Closed for lunch 12:00–1:00pm) 7:00am–5:00pm (Closed for lunch 12:00–1:00pm) 9:00am–7:00pm (Closed for lunch 1:00–2:00pm) 7:00am–5:00pm (Closed for lunch 12:00–1:00pm) 7:00am–5:00pm (Closed for lunch 12:00–1:00pm) 9:00am–1:00pm (Open Every Other Saturday) City of Cape CoralEmployee Health & Wellness Center 1020 Cultural Park Blvd., Cottage #7, Cape Coral, FL 33990 4200 Northcorp Parkway, Suite 185 Palm Beach Gardens, Florida 33410 Toll Free: (800) 244-3696 | Fax: (561) 626-6970 www.gehringgroup.com © 2016, Gehring Group, Inc., All Rights Reserved FINAL Revised 2 Last Modified: March 27, 2020 9:55 AM Exhibit B Sample Employee Communications Just the Facts! COVID-19 Vaccines Just the Facts! COVID-19 Vaccines Q: WILL THE VACCINE PREVENT ME FROM GETTING COVID-19? A: Vaccines authorized for emergency use by the FDA have shown to substantially reduce your risk of getting COVID-19. If you contract or are exposed to COVID-19, and have received your complete dose of vaccine, your risk of serious complications will be substantially reduced. Once vaccinated, you will help protect not only yourself, but also your friends, family and others in your community. The current vaccines being distributed in the United States have been tested in large clinical trials to assure they meet safety standards. Many people of different age, race and ethnicity participated in these clinical trials. Q: DOES THE VACCINE REQUIRE MULTIPLE DOSES? A: The Moderna and Pfizer COVID-19 vaccines consist of two (2) doses administered four (4) weeks apart or 21 days apart respectively. The Janssen/Johnson & Johnson vaccine is one dose. Maximum protection against COVID-19 may not occur until several weeks after receiving the complete set of doses. Q: IS IT BETTER TO GET IMMUNITY FROM ACTUALLY HAVING COVID-19 THAN IT IS TO GET IMMUNITY FROM A VACCINE? A: No. The CDC says getting the COVID-19 vaccine is the safer choice. While still learning about the virus, the current advice is that COVID-19 has caused serious illness and death for many people and if you get it you risk giving it to others who may also get very sick. Long term health complications of COVID-19 are a serious condition. Some chronic conditions include exhaustion, heart disease, blood clots, loss of smell or taste. Q: WILL I BE CHARGED A FEE TO RECEIVE ANY OF THE CURRENT COVID-19 VACCINES AVAILABLE? A: The vaccine is paid for by the federal government, Section 3203 of the CARES ACT, which does not impose any cost-sharing requirements, such as a copay, coinsurance, or deductible. A minimal administrative fee may be billed to your health insurance, including Medicare. Q A& Just the Facts! COVID-19 Vaccines Q: HOW DOES THE COVID-19 VACCINE WORK? A: As with any vaccine, the goal of a COVID-19 vaccine is to expose the body to an antigen that will not cause disease but will provoke an immune response that can block or kill the virus if a person becomes infected. After receiving a vaccine, a person develops immunity to that disease without having to get the disease. Q: WHAT ARE SIDE EFFECTS FROM THE COVID-19 VACCINE? A: According to the CDC, most people reported minimal short-term side effects such as arm soreness and/ or redness at the injection site that resolves without complication or injury. Some people reported systemic reactions such as a slight fever, chills, fatigue, muscle pain or headache after receiving the vaccine lasting Road to Recovery with the Following Milestones: MARCH 13, 2020 DECEMBER 21, 2020 LOCAL UPDATES DECEMBER 14, 2020 MARCH 3, 2021 COVID-19 National Emergency declared. 1st Pfizer vaccine administered in the U.S. 1st J&J vaccine administered in the U.S. 1st Moderna Vaccine administered in the U.S. Text: 888 777 Enter Message: FL COVID 19 Just the Facts! COVID-19 Vaccines a day or two. These side effects are a sign that your immune system is doing exactly what it is suppose to do. It is building protection and immunity against the disease. Q: DOES THE COVID-19 VACCINE LAST ONLY A SHORT TIME SUCH AS THE FLU VACCINE OR A LONG TIME SUCH AS THE POLIO VACCINE? A: Scientists are not yet sure, but current science suggests the COVID-19 vaccine will be more like the flu vaccine requiring annual dosing, but further research is being done. Q: WILL I STILL NEED TO WEAR A MASK AFTER RECEIVING MY COVID-19 VACCINE? A: YES. It is important to continue proper infection control measures including wearing masks, practicing physical distancing and hand hygiene. Research is still being done on how well the vaccines will curb the spread of the virus. More research is needed to understand if vaccinated people can become infected without developing symptoms and, if so, whether or not those persons can silently transmit the virus to unvaccinated people. Q: HOW WILL I SHOW THAT I HAVE BEEN VACCINATED FOR COVID-19? A: At this time, each person vaccinated will receive a card after the first and second dose, (Pfizer, Moderna) or after the one dose Janssen/Johnson & Johnson vaccine. The card should include your name, date and type of vaccine received. Q: COVID-19 VACCINES APPEAR TO HAVE BEEN DEVELOPED AND TESTED QUICKLY, ARE THEY SAFE? A: Many pharmaceutical companies have invested significant resources into developing COVID-19 vaccines quickly because of the worldwide effects of the Comparing Available COVID-19 Vaccines Approved Vaccines in the U.S. as of 3/21/2021 Pfizer-BioNTech Moderna Janssen/Johnson & Johnson Vaccine Type mRNA mRNA Vector Efficacy against COVID-19 symptoms**severe disease, hospitalization, death 95%94%66% Efficacy w/ Health Conditions 89%90%85% Contains Eggs, Latex, Preservatives NO NO NO How many doses are needed? 2 2 1 When does protection start?Some after first dose Some after first dose Some two weeks after vaccination Who should receive the vaccine? Age 16 and older Age 18 and older Age 18 and older Who should be cautious about receiving vaccine? had an immediate allergic reaction to any vaccine or injectable medication OR had an immediate allergic reaction to any vaccine or injectable medication had an immediate allergic reaction to any vaccine or injectable medication OR had an immediate allergic reaction to any vaccine or injectable medication had an immediate allergic reaction to any vaccine or injectable medication What are the vaccine’s possible side effects? Injection site pain, fatigue, headache, muscle pain, chills, joint pain, fever, nausea, feeling unwell and swollen lymph nodes Injection site pain, fatigue, headache, muscle pain, chills, joint pain, fever, nausea, feeling unwell and swollen lymph nodes Injection site pain, fatigue, headache, muscle pain, chills, joint pain, fever, nausea Source: https://www.mayoclinic.org/coronavirus-covid-19/vaccine/comparing-vaccines Just the Facts! COVID-19 Vaccines pandemic. The emergency warranted an emergency response, but does not mean the companies bypassed safety protocols or performed inadequate testing. Q: IF I ALREADY HAD COVID-19 AND RECOVERED, DO I STILL NEED TO GET THE VACCINE? A: Currently, there is not enough information available to know if after infection is someone protected from getting COVID-19 again, referred to as natural immunity. Early evidence suggests natural immunity from COVID-19 may not last long, but more studies are being done to better understand. It is advised to wait 90 days after infection before receiving the COVID-19 vaccination. Q: IS IT TRUE COVID-19 VACCINES WERE DEVELOPED USING FETAL TISSUE? A: The messenger RNA (Pfizer-BioN Tech, Moderna) or Vector (Janssen/Johnson & Johnson) COVID-19 vaccines were not created with and do not require the use of fetal cell cultures in the production process. Q: WILL MORE PEOPLE DIE AS A RESULT OF A NEGATIVE SIDE EFFECT TO THE COVID-19 VACCINE THAN WOULD DIE FROM THE VIRUS? A: COVID-19 vaccines are safe and effective. CDC recommends you get a COVID-19 vaccine as soon as you are eligible. Adverse events are reported to the Vaccine Adverse Event Reporting System (VAERS) external icon. VAERS accepts reports of any adverse event following vaccination, even if it is not clear the vaccine caused the problem. CDC, FDA, and other federal partners will continue to monitor the safety of the COVID-19 vaccines. 126 million doses of COVID-19 vaccines were administered in the United States from December 14, 2020, through March 22, 2021. During this time, VAERS received 2,216 reports of death (0.0018%) among people who received a COVID-19 vaccine. CDC and FDA physicians review each case report of death as soon as notified and CDC requests medical records to further assess reports. A review of available clinical information including death certificates, autopsy, and medical records revealed no evidence that vaccination contributed to patient deaths. CDC and FDA will continue to investigate reports of adverse events, including deaths, reported to VAERS. Q: I HEARD COVID-19 VACCINES WERE DEVELOPED TO CONTROL THE POPULATION THROUGH MICRO- CHIP TRACKING OR “NANOTRANSDUCERS” IN THE HUMAN BRAIN? A: There is no vaccine microchip, and the vaccine will not track people or gather personal information into a database. This myth started after comments made by After receiving a vaccine, a person develops immunity to that disease without having to get the disease. Just the Facts! COVID-19 Vaccines Bill Gates from the Bill & Melinda Gates Foundation about a certificate of vaccine records. The technology he was referencing is not a microchip, has not been implemented in any manner, and is not tied to the development, testing or distribution of COVID-19 vaccines. Q: DO COVID-19 VACCINES CAUSE INFERTILITY OR MISCARRIAGE? A: COVID-19 vaccines have not been linked to infertility or miscarriage. Disinformation has been circulating that antibodies to the spike protein of COVID-19 produced from these vaccines will bind to placental proteins and prevent pregnancy. During natural infection, the immune system generates the same antibodies to spike protein that COVID-19 vaccines would. Thus, if COVID-19 affected fertility, there would be an increase in miscarriage rates in women infected with COVID-19 and to date this has not happened. Q: WILL COVID-19 VACCINES ALTER MY DNA? A: The current COVID-19 vaccines to reach the market are messenger RNA or mRNA vaccines. Messenger RNA vaccines work by instructing cells in the body on how to make a protein that triggers an immune response, according to the CDC. Injecting messenger RNA into your body will not interact or do anything to the DNA of your cells. Human cells break down and get rid of the messenger RNA soon after they have finished using the instructions. Q: DO COVID-19 VACCINES NEED TO BE STORED AT EXTREMELY LOW TEMPERATURES BECAUSE OF THE PRESERVATIVES IN THE VACCINES? A: Pfizer/BioNTech and Moderna and Janssen/Johnson & Johnson have reported their vaccines contain no preservatives. The Pfizer-BioNTech and Moderna MRNA vaccines and the Janssen/Johnson & Johnson Vector vaccine uses messenger RNA or mRNA to teach your cells how to make a protein that will trigger an immune response to COVID-19. Messenger RNA is fragile and can break down easily. Storing messenger RNA vaccines in an ultracold environment keeps them stable and safe. Vaccines are thawed before injection. The safety of the COVID-19 vaccines are being closely monitored by the U.S. Centers for Disease Control and Prevention and the U.S. Food and Drug Administration (FDA). Even after a vaccine is authorized for use, vaccine safety monitoring systems continue to watch for side effects. Sources: www.cdc.gov/coronavirus/2019-ncov/vaccines/different- vaccines/viralvector.html Floridahealthcovid19.gov/vaccines/ The CDC recommends you get a COVID-19 vaccine as soon as you are eligible.AS OF APRIL 13, 2021 AS OF APRIL 13, 2021 AS OF APRIL 13, 2021 AS OF APRIL 13, 2021 120.8 million people have received one or both doses of vaccine in the United States. 74.1 million people have been fully vaccinated in the United States. Florida has administered at least one dose to 7,477,121 and fully vaccinated 4,605,451 Florida residents. Interesting Vaccine Facts: Florida has fully vaccinated 21.4% of residents. Just the Facts! COVID-19 Vaccines HHS COVID-19 PUBLIC EDUCATION CAMPAIGN wecandothis.hhs.gov Employers can sign up to “Join the COVID-19 Community Corps” to get tips, tools, & resources to share with employees and the community. Sample Resources: What Fully Vaccinated People Need to Know How to Talk about COVID-19 Vaccines with Friends and Family FAQ About COVID-19 – Vaccine Safety RC AID COVID-19 covid19.rcaid.org Resources that address Public Misinformation & Disinformation. Examples: Claims that the mRNA vaccines will genetically modify individuals’ DNA False claims about the mRNA technology used in the COVID-19 vaccines The Vaccine isn’t Safe for Pregnant Women THE AD COUNCIL – GET VACCINE ANSWERS NOW getvaccineanswers.org/hear-from-healthcare- providers Short informational videos presented by Healthcare Providers. VACCINE MISINFORMATION MANAGEMENT FIELD GUIDE publichealthcollaborative.org This 32 page collaborative guide is a collaborative of the Public Good Projects, the Yale Institute for Global Health and Unicef and addresses Vaccination in the Information Age and a Four phase approach to addressing it: Preparation, Listening, Understanding, and Engaging. It addresses Misinformation vs Disinformation, and determinants of vaccine decision making in laying the groundwork for hesitancy. VIDEO – COVID-19 DEVELOPMENT & VACCINE MYTHS youtube.com/watch?v=pL-B30EXBEc Presented by: Kizzmekia Corbett, Phd from NIH Research Center and Scientific Lead, Coronavirus Vaccine Team MENTAL HEALTH AMERICA – COVID-19 INFORMATION & RESOURCES mhanational.org/covid19 This organization publishes data on mental health and has a number of available resources for the public. Below is a sample of resources available through their site. Of particular interest is the Mental Health Screening Tools page. It allows a person to determine if they are experiencing symptoms of a mental health condition. Resource of resources for employers: Resource of Resources for employees, parents, those worried about their mental health, and those in crisis Tele-Mental Health Now and From Now On (Blog Post) Mental Health and COVID-19 Info & Resources: Mental Health DIY Tools Resources 3500 Kyoto Gardens Drive Palm Beach Gardens, FL 33410 800.244.3696 gehringgroup.com Protect your Vaccination Card Tips DO NOT LAMINATE YOUR CARD Laminating can cause information on labels to become unreadable. Instead, keep your card in a water-protective plastic card holder. You may need the card for a future booster shot. TAKE A PICTURE OF YOUR CARD AS A BACK-UP COPY KEEP IT SOMEWHERE SAFE DO NOT POST YOUR CARD ON SOCIAL MEDIA Please note that all communications herein can be printed on various paper sizes. RESOURCES: MENTAL HEALTH SCREENING TOOLS https://mhanational.org/self-help-tools NATIONAL ALLIANCE ON MENTAL ILLNESS (NAMI) (800) 950-6264 https://nami.org AMERICAN PSYCHOLOGICAL ASSOCIATION (APA) https://www.apa.org/news/apa/2020/04/grief-covid-19 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA) (800) 662-4357 https://www.samhsa.gov/find-help/national-helpline NATIONAL DOMESTIC VIOLENCE HOTLINE (800) 799-7233 https://www.thehotline.org VICTIM CONNECT RESOURCE CENTER (855) 484-2846 https://victimconnect.org/resources/national-hotlines AMERICAN FOUNDATION FOR SUICIDE PREVENTION https://afsp.org/taking-care-of-your-mental-health-in-the- face-of-uncertainty NATIONAL SUICIDE PREVENTION HOTLINE (800) 273-8255 NATIONAL CRISIS TEXT LINE: Text HOME to 741741 Reach out to a trusted source such as family and friends, your doctor, therapist or clergy. Your Employee Assistance Program (EAP) is available along with the resources listed to the right. Illness or Death of Loved Ones Change of Routine and Lifestyle Missed Milestones, Celebrations and Events Career and Family Adjustments 3500 Kyoto Gardens Drive | Palm Beach Gardens, Florida 33410 | 800.244.3696 | gehringgroup.com We have all experienced a loss in the past year that has or may still be affecting our mental health. Understanding your mental health is important and influences your well-being. Normalizing your feelings of distress, despair and trauma can help you cope. Reaching out for support is an important step in healing. I’m Not Alone. You’re Not Alone.We’re All In This Together! Loss comes in many different forms and all are significant to each of us in its own way. Cigna Representatives will be onsite on the following dates and times to assist employees and family members with any questions regarding their Cigna health plan. Please stop by should you have any questions regarding how your medical benefits work or should you have a question or concern about a recent claim or bill. Appointments are required. To schedule your 30-minute appointment please contact Human Resources. Ask Cigna Representatives Month Date Time Location Address Janice Seward January 15 8:00 am - 12:00 pm Human Resources 100 S Myrtle Ave 15 1:30 pm - 4:30 pm Human Resources 100 S Myrtle Ave Janice Seward April 8 8:00 am - 12:00 pm Human Resources 100 S Myrtle Ave 8 1:30 pm - 4:30 pm Human Resources 100 S Myrtle Ave Janice Seward July 8 8:00 am - 12:00 pm Human Resources 100 S Myrtle Ave 8 1:30 pm - 4:30 pm Human Resources 100 S Myrtle Ave Janice Seward October 7 8:00 am - 12:00 pm Human Resources 100 S Myrtle Ave 7 1:30 pm - 4:30 pm Human Resources 100 S Myrtle AveCity of Clearw a t e r: Ask Ci g na DaysPlease contact Jessica Harmeson in Human Resources at (727) 562-4799 or jessica.harmeson@myclearwater.com should you have any questions. 2020 The City of Dunedin will continue to use Bentek as our online enrollment system. Any changes made will be effective October 1, 2020. Bentek support is available Monday through Friday, 8:30am - 5:00pm. Bentek Support Line: (888) 5-Bentek (523-6835) To access the site, visit www.mybentek.com/dunedin ONLINE ENROLLMENT THROUGH BENTEK New Look! OPEN ENROLLMENT IS COMING! Open Enrollment is the time of year that you can make changes to your benefits, add or drop dependents, change plans, enroll in coverage, or drop coverage. Virtual Open Enrollment informational sessions will be held via Zoom to review available benefit options and premium information. You will be able to speak with benefits representatives and ask questions. See your supervisor to coordinate which session you will attend. Plan on spending an hour to an hour and half at your designated session. WEDNESDAY, AUGUST 19TH 8:00AM THURSDAY, AUGUST 20TH 1:00PM FRIDAY, AUGUST 21ST 10:00AM Online enrollment through Bentek is open fromAugust 19, 2020 (8:00am) – September 10, 2020 (5:00pm) For HR-related questions, contact Paula at 727-298-3044 or Alex at 727-298-3040 Open Enrollment information, including tobacco testing can be found on the Employee Intranet and/or the BOCC Website. Please feel free to contact Human Resources at 352-527-5370 for more information. Open Enrollment changes will be accepted on July 15th through August 16th. All benefit eligible employees may make new insurance elections or changes to their current coverage for the new plan year effective October 1, 2019. To learn more about your insurance benefits, you may attend one of the following informational meetings: Tobacco testing sites will be open during the July 15th through August 16th Open Enrollment period. Employee Benefits Open Enrollment Plan Year Effective October 1, 2019 through September 30, 2020 Citrus County Board of County Commissioners Tuesday, July 16, 2019 Wednesday, July 17, 2019 Thursday, July 18, 2019 Inverness Court House (Board Chambers)Lecanto Government Building (Room 280)Transit Complex Community Resource Center (Training Room) 7:30 a.m. - 8:30 a.m.7:00 a.m. - 8:00 a.m.7:30 a.m. - 8:30 a.m.11:00 a.m. - 12:00pm 9:00 a.m. - 10:00 a.m.8:00 a.m. - 9:00 a.m.9:00 a.m. - 10:00 a.m.1:30 p.m. - 2:30 p.m. 10:30 a.m. - 11:30 a.m.9:30 a.m. - 10:30 a.m.3:00 p.m. - 4:00 p.m. 1:00 p.m. - 2:00 p.m.11:00 a.m. - 12:00 p.m. 1:30 p.m. - 2:30 p.m. 3:00 p.m. - 4:00 p.m. 2019 2020 OPEN ENROLLMENT ONE-ON-ONE SERVICE DATES Mon., July 22 Tues., July 23 Wed., July 24 Thurs., July 25 Fri., July 26 DPW 7:30am - 4:30pm Wiscon HCUD 7:30am - 11:30am Landfill 1:00pm - 4:00pm HCFR Westside Training Room 8:00am - 11:30am Building Dept. 1:00pm - 4:30pm West Hernando Library 10:00am - 12:00pm HCUD Admin. 1:30pm - 4:30pm HCUD Admin. 8:00am - 11:00am Mon., July 29 Tues., July 30 Wed., July 31 Thurs., August 1 Fri., August 2 Spring Hill Library 9:00am - 11:00am BOCC Chambers 1:00pm - 4:30pm Health Department Classroom B 8:30am - 11: 30am Wiscon HCUD 1:00 pm - 3:30 pm HCFR Headquarters 8:00 am - 12:00 pm Parks & Rec. 1:00 pm - 4:00 pm HCFR Headquarters 8:00 am - 12:00 pm Animal Services 1:00 pm - 4:00 pm BOCC Chambers 8:30am - 4:00pm During Open Enrollment, employees may view current benefit elections and make plan changes as well as UPDATE Life insurance beneficiaries on Bentek! www.mybentek.com/hernandocounty Bentek Support Line: (888) 5-Bentek (523-6835) 2019-2020 EMPLOYEE BENEFIT ON-LINE OPEN ENROLLMENT BEGINS MONDAY, JULY 22 - ENDS FRIDAY, AUGUST 2 OPEN ENROLLMENT Benefit eligible employees may make new benefit elections or changes to their current elections during the 2021 Open Enrollment period which begins October 19th through November 13th. All new elections or changes made during Open Enrollment will be effective January 1, 2021. An Aflac Representative and Benefits Administrator will be available during the dates listed below to assist employees with questions and/or making benefit changes in Bentek. This will be appointment only so space is limited which will allow us to properly socially distance and disinfect the area in between each appointment for your safety. If you are interested in scheduling an appointment please email Ashley Collier acollier@martin.fl.us to set one up! To access the site go to: www.mybentek.com/martincountyCOUN T Y OF MA R TI NST ATE OF F L O RIDABOARD OF COUNTY COMMISSIONERS Martin County MEETING SCHEDULE DATE TIME LOCATION Thursday, October 22 9:00am – 11:00am 2:00pm – 4:00pm Administration Building4th Floor Workshop Conf Rm Wednesday, October 28 8:00am – 10:30am Fire RescuePublic Safety Complex, Conf Rm 286 Thursday, October 29 8:00am – 10:30am Fire RescuePublic Safety Complex, Conf Rm 286 Friday, October 30 8:00am – 10:30am Fire RescuePublic Safety Complex, Conf Rm 286 Friday, November 13 9:00am – 11:00am 2:00pm – 4:00pm Administration Building4th Floor Workshop Conf Rm Bentek has a new look! This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback OPEN ENROLLMENT IS HERE! Plan Year: January 1, 2021 - December 31, 2021 Benefit Enrollment Has Never Been Easier! To access your benefits online, visit the Employee Benefits Center at: www.mybentek.com/charlottecounty OPEN ENROLLMENT AUGUST 1 – 30 2019 | 2020 Open Enrollment Reminder – If you are not making any changes to benefit elections or dependents your elections will automatically re-enroll in current coverage. If making benefit changes for the 2019-2020 Plan year, such as adding or deleting dependents, changing beneficiaries, or adding/changing coverage please login and follow these simple steps: 1. Log on to https://mybentek.com/charlottecounty 2. Enter Username and Password or choose Forgot Username and Password to create new 3. Click on MENU and select Employee Benefits Center and click on Open Enrollment 4. Once you complete your elections, click SUBMIT Remember to add your email address to Bentek We are asking all employees to login to Bentek and add/update your personal e-mail address. This will enable us to communicate better so you and your family can receive important benefit information. 1. Login to https://www.mybentek.com/charlottecounty 2. Enter Username and Password > Home Page will prompt you to add your email address 3. Enter email address and select “SAVE ABOVE EMAIL ADDRESS AND SEND CONFIRMATION EMAIL” 4. Go to personal email you have linked to your Bentek account, you should have received an email from no-reply@mybentek.com and click the Confirm Email Address to receive notifications Our Way ToWELLNESS WORKING You’re invited to our Health Fair on Friday, September 14th at The Village of Palm Springs Time: 10:00am – 2:00pm Location: Council Chambers If you have any questions, please contact:Janette M. Piedra | Phone: (561) 434-5082jpiedra@vpsfl.org Join us in meeting the participating vendors and learn from the variety of information they will have to offer to you. There will be raffles, giveaways and healthy snacks for you. Employees will have the option to have a finger stick screening. Results are immediate and included is an 1-1 consultation with the Coach to review the numbers. Space is limited, so please contact the Human Resources Department to reserve your time slot. Fasting is NOT required. If you have any questions, please contact Human Resources at 954-956-1451. August 29th - September 13th, 2016 Open enrOllment OPEN ENROLLMENT SCHEDULE Tuesday, August 23rd 2:00 p.m. – 4:00 p.m. Location: Commission Chambers Event: General Assembly Wednesday, August 24th 9:00 a.m. – 11:00 a.m. Location: Commission Chambers Event: General Assembly ONE STOP SHOP ON: Wednesday, August 31st 1:00 p.m. – 6:00 p.m. Location: P&Z Room & Commission Chambers Event: One Stop Shop Thursday, September 1st 6:30 a.m. – 1:00 p.m. Location: P&Z Room & Commission Chambers Event: One Stop Shop Monday, September 12th 1:00 p.m. – 6:00 p.m. Location: P&Z Room & Commission Chambers Event: One Stop Shop Tuesday, September 13th 6:30 a.m. – 1:00 p.m. Location: P&Z Room & Commission Chambers Event: One Stop Shop Attendance is not mandatory; however, it is strongly recommended. Representatives will be available on site to answer any questions you may have. Spouses and children are more than welcome to attend. 2019-2020 Vendors will be available to meet with you, answer questions and review benefits. MyHealth Onsite The Standard (Life & Disability) Aflac * Colonial * LegalShield * New York Life* ICMA-RC * PBA * * Employees must meet with these vendors to enroll or make changes to current benefits. Date Time Location Tuesday, July 21, 2020 11:00am - 6:00pm Training Room B & C Wednesday, July 22, 2020 11:00am - 6:00pm Training Room C & Patrol Briefing Room Tuesday, July 28, 2020 11:00am - 6:00pm Training Room B & C Wednesday, July 29, 2020 11:00am - 6:00pm Training Room B & C Please stop by the Main Sheriff’s Office on one of the following dates and times: Main Sheriff’s Office | 2601 E Irlo Bronson Memorial Hwy, Kissimmee, FL 34744 2020 |2021BENEFITS FAIR We look forward to seeing everyone then! Spouses are welcome to attend sessions. Open Enrollment is the time of year employees can make changes to their benefit elections; such as add dependents, drop dependents, enroll into coverage, drop coverage, or change plans. All new elections and changes made during Open Enrollment will be effective October 1, 2020. The Open Enrollment period this year begins July 20 and ends on August 14. Employees are required to complete the mandatory Employee Benefits Enrollment via ADG/Timecard. Online enrollment must be completed by Friday, August 14. DO YOU HAVE QUESTIONS ABOUT YOUR EMPLOYEE INSURANCE BENEFITS? ARE YOU RECEIVING BILLS FROM A PROVIDER AND NOT SURE WHY? Let us help you! Contact our team at the Gehring Group for assistance with any questions or concerns. Call Toll Free (800) 244-3696 Please include the following information if leaving a message: For your privacy, please do not include: First & Last Name Brief Description of Your Question Your Contact Information Your Employer’s Name Social Security Number Date of Birth Member ID A member of our team will contact you via a secure email or telephone call to gather additional information that may be necessary to further assist you. During this unprecedented time...We are working from home but working hard to support you! Taking care of yourself, family and friends during the outbreak of COVID-19 is challenging and many of us may be experiencing: Stress and Anxiety Grief Loneliness/Isolation Relationship Issues Depression Financial Concerns We have listed below free resources available to help you through these challenging times. By clicking on the underlined statements below, the website for each resource can be accessed. EMPLOYEE ASSISTANCE PROGRAM (EAP) Provides access to licensed mental health professionals through a program protected by state and federal laws Available 24 hours a day/7 days a week Confidential New Directions | (800) 624-5544 | www.ndbh.com | Access Code: SGE3F CDC CENTERS FOR DISEASE CONTROL AND PREVENTION Coping with Stress and COVID-19 CDC Website Stress and Coping AMERICAN PSYCHOLOGICAL ASSOCIATION (APA) Coping with Grief and COVID-19 APA Coping with Grief during COVID-19 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA) – (800) 662-4357 A treatment referral and information service for individuals and families facing mental and/or substance use disorders SAMHSA Helpline NATIONAL DOMESTIC VIOLENCE HOTLINE (800) 799-7233 Provides immediate support to empower victims Domestic Violence Hotline VICTIM CONNECT RESOURCE CENTER (855) 484-2846 National Hotlines for Domestic Violence Victim Connect Resource AMERICAN FOUNDATION FOR SUICIDE PREVENTION Protecting Your Mental Health during COVIV-19 American Foundation for Suicide Prevention NATIONAL SUICIDE PREVENTION HOTLINE (800) 273-8255 NATIONAL CRISIS TEXT LINE: Text HOME to 741741 Essential Resources in Challenging Times ■ Live Virtual Open Enrollment Presentation – prepared and presented through Microsoft Teams, (or other safe host platform), utilizing scheduled meeting times with your staff and presented live by your Gehring Group Account Manager. ■ Pre-recorded Open Enrollment Presentation – prepared and presented by your Gehring Group Account Manager and sent as a safe link to share with staff through your internal intranet or email. This option can be viewed as a scheduled meeting or posted for accessibility when convenient on laptops, tablets, smart phones, or desktops. This presentation can also serve as an additional resource for future New Hire Orientation meetings. ■ Pre-recorded Voiceover PowerPoint Presentation – prepared pre-recorded presentation with accompanied PowerPoint. Once complete the pre-recorded presentation will be sent as a safe link to share with staff through your internal intranet or email. This option can be viewed as a scheduled meeting or posted for accessibility when convenient on laptops, tablets, smart phones, or desktops. This presentation can also serve as an additional resource for future New Hire Orientation meetings. ■ Bentek Admin Assist - a new and convenient virtual option to assist employees with the Bentek enrollment process. This is recommended as a scheduled appointment meeting, individual assist format. Contact your Gehring Group Account Manager to discuss the most effective option for your team and organization. This year benefit education meetings may require a different presentation style. As a result, our team has prepared creative options for your upcoming Open Enrollment Season. During these unprecedented times... We are working hard to support you while keeping everyone safe! Questions About Eligible Expenses? If issues arise with using your debit card for newly allowable expenses, you may: 1. Check with larger retailers first as it is expected their systems will recognize the newly allowable expenses sooner. 2. Pay at “point of sale” and submit documentation for reimbursement to your FSA administrator. For additional information on your FSA administrator and contact information please refer to your Employee Benefit Highlights booklet or contact: Important Change to FSA, HSA and HRA* Eligible Expenses The “Coronavirus Aid, Relief, and Economic Security Act” (the CARES Act) was signed and passed on March 27, 2020. One aspect of the Act repeals the rule enacted in the Affordable Care Act that prohibited over-the-counter medicines (i.e., non-prescribed) other than insulin from being “qualified medical expenses.” NEWLY DEFINED ELIGIBLE EXPENSES Over the counter (OTC) drugs and medicines are now eligible for reimbursement from a Flexible Spending Account (FSA), Health Savings Account (HSA), or, if applicable* Health Reimbursement Account (HRA). Menstrual products are also now eligible for reimbursement. This is a permanent change. HOW SOON CAN I USE MY DEBIT CARD ON THESE NEWLY ADDED ELIGIBLE EXPENSES? Retailers systems may not recognize this newly passed legislation or instantaneously accept an FSA debit card. Cards issued by FSA administrators are controlled by various systems to confirm the cards are only used for eligible expenses. Retailers such as CVS, Walgreens, Wal-Mart, Publix, as well as smaller stores use IIAS (Inventory Information Approval Systems) Merchant Certification along with their own inventory and point-of-sale systems to verify that the merchandise being purchased with a FSA card is an eligible medical expense. The ability to use an FSA card for these newly defined OTC items at all retailers may not come online at the same time. The larger retailers will likely come on first, and the smaller ones may not be “live” for months. *Please Note: HRA monies are funded by your employer. Some funding arrangements may only allow monies to be used for expenses, such as copayments, deductibles, and coinsurance. Please contact HRA administrator for more details. Chard Snyder | Customer Service: (800) 982-7715; (833) 212-1988 | www.chard-snyder.com First Line of Defense to Screen for COVID-19 Virtual Care an d t h e C o r o n a v iru s Cigna provides access to virtual care services as part of the medical plan. AmWell and MDLIVE are convenient phone and video consultation companies that provides immediate medical assistance for many conditions. As concerns about the COVID-19 continue to rise and spread, AmWell and MDLIVE are available should a member believe that they are showing symptoms of the virus. It is recommended that a member call their PCP or use virtual care services prior to going to their PCP’s office, urgent care or an emergency room. This is to protect patients who are seeking medical attention who are more susceptible to contract the virus. The benefit is provided to all enrolled members. Registration is required and should be completed ahead of time. This program allows members 24 hours a day, seven (7) days a week on-demand access to affordable medical care via phone and online video consultations when needing immediate care for non-emergency medical issues. For further information please contact AmWell and MDLIVE. Cigna AmWell | Customer Service: (855) 667-9722 | www.AmWellforCigna.com MDLIVE | Customer Service: (888) 726-3171 | www.MDLIVEforCigna.com DAVID R. SCHECHTER CENTER GYM ALL FULL-TIME EMPLOYEES ARE REQUIRED TO STOP IN Please note the City’s online benefits enrollment system, BenTek will be open from Monday, September 2nd to Friday, September 13th H ea l t h B e n e fits Fair REQUIRED ONLINE ENROLLMENT THROUGH BENTEK Visit www.mybentek.com/satellitebeach Open Enrollment is online! BenTek is an internet based benefits enrollment system that allows you to do the following 24 hours a day / 7 days a week during the Open Enrollment period: • View all benefit elections and payroll deductions • Make new elections or changes online • View plan summaries and link to provider websites • Designate life insurance beneficiaries SEPTEMBER 4 9:00 AM - 1:00 PM at the 2 • Wellness Vendors • Mammovan • MDNow Urgent Care • Cigna Health Insurance • Cigna Life Insurance • OneBlood Van • Nationwide 457 • Pre-Paid Legal • HCA Northwest Medical • Employee Assistance Plan and more... Have an activity tracker or pedometer and don’t know how to use it? Bring it to the event, and we’ll show you how to get the most out of what you already have! Fit ServeEvent 2016 Margatecity of March 1, 2016 • 10AM - 3PM Parks and Recreation, 6199 NW 10th Street, Margate Let’s show Cigna that we are ...................... Fit2Serve Receive on-site a $50 American Express Gift Card! (taxed as income) Biometric Testing All City of Margate full-time employees eligible to receive free biometric testing (If you do not have City of Margate health insurance, please see HR for alternate arrangements for rewards). 1. Complete your mycigna.com health assessment 2. Bring any written form of proof of physical activity (ex. 1 week workout log, printout of gym log ins, activity tracker log) 3. Complete a Biometric test on site, or bring proof of 2016 Biometric check Flu Shots are free for employees and their dependents who participate in the health insurance programs offered through the City of Parkland. If you are a part-time employee or are currently not enrolled in the City’s medical plan, but would like a flu shot (or have a dependent who wants a flu shot), please see Human Resources for more details. FRIday OctObeR 21, 2016 Location: CIty Hall time: 10:00am - 12:00Pm ✓FRee for insured employees (Accepting most insurance carriers) ✓Please bring insurance iD and Photo iD ✓Uninsured cost of vaccination is $26.99 Exhibit C Sample Reports & Work Product Sample Medical RFP Evaluation Effective Date: October 1, 2019 In Network Out of Network In Network Out of Network In Network Out of Network $1,000 $1,000 $1,500 $3,000 $2,000 $6,000 $3,000 $3,000 $3,000 $6,000 N/A*N/A* Out of Pocket Maximum $3,000 $5,000 $1,500 $6,000 $6,350 $12,800 $6,000 $10,000 $3,000 $12,000 $12,700 $25,600 20%40%0%20%50%50% Non-Hospital Services $20 40% after DED DED 20% after DED $35 50% after DED $35 40% after DED DED 20% after DED $75 50% after DED No charge 40%No Charge 20%No Charge 50% No charge 40% after DED DED 20% after DED No Charge 50% after DED $100 40% after DED DED 20% after DED $200 50% after DED $35 $35 DED DED $75 $75 $750 40% after DED DED 20% after DED $2,000 50% after DED $200 40% after DED DED 20% after DED $300 50% after DED 20% after DED 20% after DED DED INN DED 50% after DED 50% after INN DED $100 $100 DED DED 50% after DED 50% after INN DED $750 40% after DED DED 20% after DED $2,000 50% $35 40% after DED DED 20% after DED $300 50% Prescription Drugs $10 DED $10 $25 DED $60 $60 DED $100 2x DED 3x Rates Employee Only 225 2 0 Employee + Spouse 20 0 0 Employee + Child(ren)13 0 0 Employee + Family 11 0 0 Monthly Premium 269 2 0 Annual Premium $ Increase/(Decrease) % Increase/(Decrease) Total Monthly Premium Total Annual Premium $ Increase/(Decrease) % Increase/(Decrease) *Family contract members enrolled in the 05901 plan must satisfy a Per Person deductible of $2,000 in network and $6,000 out of network. **Other Florida Blue plans available through PRM's proposal. **Enrollment includes COBRA and Retiree Participants. Outpatient Services $981.67 $1,294.59 $15,379 $640.81 $1,074.33 $1,020.13 N/A N/A $616.67 $1,033.85 N/A N/A Mental Health/Substance Abuse Hospital Independent Clinical Lab Advanced Imaging (MRI, PET, CT) Urgent Care Center Inpatient Hospital Services Family Member Coinsurance Physician Office Visit Copay Specialist Office Visit Copay Preventive Services 271 Outpatient Hospital Services Physician Services at Hospital Emergency Room (Per Visit) Inpatient Services $186,430 $2,237,159 $1,282 N/A $187,712 $2,252,539 PRM - Florida Blue - Plan 05901 50% N/A 50% INN DED + Difference b/w INN cost and OON cost Hospital Services Enrollment** $868.57 $824.76 $1,087.66 $0 $0 N/A $518.10 $1,345.32 N/A Generic Drugs Formulary Drugs Non-Formulary Drugs Mail Order - 90 day supply Current Individual Deductible Deductible (DED) Schedule of Benefits Family Deductible Single PRM - Florida Blue - Plan 03359 PRM - Florida Blue - Plan 05168/9 - HSA In Network Out of Network In Network Out of Network $1,000 $1,000 $1,500 $3,000 $2,000 $2,000 $3,000 $6,000 $4,000 $6,000 $1,500 $6,000 $8,000 $12,000 $3,000 $12,000 20%30%0%20% $25 30% after DED DED 20% after DED $50 30% after DED DED 20% after DED No Charge Not Available No Charge 20% No Charge 30% after DED DED 20% after DED 20% after DED 30% after DED DED 20% after DED $35 30% after DED DED DED 20% after DED 30% after DED DED 20% after DED 20% after DED 30% after DED DED 20% after DED 20% after DED 30% after DED DED INN DED $200 $200 DED DED 20% after DED 30% after DED DED 20% after DED $25 30% after DED DED 20% after DED $10 DED $35 DED $60 DED 2.5x DED 2.5x ***FMIT Stated that the HSA Plan Design will match current plan design. $10 after DED $856.77 $862.03 $782.21 $0 In Network Only $2,500 $5,000 $6,000 $12,000 20% $20 $40/$80 No Charge 20% after Ded 20% after DED $80 20% after DED 20% after DED 20% after DED $250 20% after DED $20 $35 after DED $60 after DED Rx Drug DED: $100/$200 Option #1 - FMIT FMIT - UHC - Plan 14 FMIT - UHC - HSA*** FMIT - UHC - Plan 10 INN Copays + Difference b/w INN cost and OON cost INN DED + Difference b/w INN cost and OON cost $575.00 $571.00 $521.18 $913.77 $919.04 $833.71 $1,141.78 $1,075.00 $1,042.36 $171,348 $1,142 $0 -8.1%-10.9%0.0% $172,490 $2,069,880 $2,056,176 $13,704 $0 -$180,984 -$1,675 -$182,659 -8.1% Sample Plan Comparison SAMPLE CLIENT Cigna - ASO Only Plan Year: January 1, 2020 - December 31, 2020 Date Total Plan Funding Administration & Network Fees Stop Loss Fees ($250k/$350k) Medical Claims Pharmacy Claims Actual Paid Claims1 Total Plan Cost Reserve Account Total EEs Claims/ EE/ Month January-20 1,760,891$ 80,933$ 119,788$ 902,528$ 342,814$ 1,245,342$ 1,446,063$ 314,827$ 1,696 734.28$ February-20 1,752,582$ 80,599$ 119,294$ 1,503,195$ 253,951$ 1,757,146$ 1,957,039$ (204,458)$ 1,689 1,040.35$ March-20 1,751,034$ 80,742$ 119,506$ 1,208,426$ 380,649$ 1,589,074$ 1,789,323$ (38,288)$ 1,692 939.17$ April-20 1,756,356$ 80,838$ 119,647$ 627,530$ 415,574$ 1,043,104$ 1,243,589$ 512,767$ 1,694 615.76$ May-20 1,748,844$ 80,551$ 119,223$ 665,959$ 342,796$ 1,008,755$ 1,208,530$ 540,314$ 1,688 597.60$ June-20 1,736,761$ 79,979$ 118,376$ 1,053,841$ 383,094$ 1,436,936$ 1,635,290$ 101,471$ 1,676 857.36$ July-20 1,727,307$ 79,502$ 117,670$ 1,260,804$ 371,177$ 1,631,981$ 1,829,152$ (101,845)$ 1,666 979.58$ August-20 1,721,881$ 79,072$ 117,034$ 1,167,628$ 347,532$ 1,515,160$ 1,711,266$ 10,615$ 1,657 914.40$ September-20 1,725,403$ 79,072$ 117,034$ 1,158,853$ 409,560$ 1,568,413$ 1,764,519$ (39,117)$ 1,657 946.54$ October-20 1,731,447$ 79,263$ 117,316$ 1,166,530$ 347,207$ 1,513,737$ 1,710,317$ 21,130$ 1,661 911.34$ November-20 1,734,534$ 79,597$ 117,811$ 937,681$ 470,637$ 1,408,318$ 1,605,726$ 128,808$ 1,668 844.32$ December-20 900,950$ 92,279$ Annual Total 19,147,040$ 880,148$ 1,302,700$ 11,652,975$ 4,064,992$ 15,717,966$ 17,900,814$ 2,239,455$ 18,444 852.20$ Rolling 12 Months 20,842,359$ 960,159$ 1,412,242$ 12,840,490$ 4,407,114$ 17,247,604$ 19,620,005$ 1,222,354$ 20,150 855.96$ 1 2 3 Actual claims only include claims up to the stop loss limit Pharmacy Rebates paid to xxxxxxxxxxxxx in 2020. Rebates are included in Annual Reserve Account Total and excluded from the Rolling 12 Reserve Account Total Reserve Transfer is included in Annual Reserve Account Total and excluded from the Rolling 12 Reserve Account Total Pharmacy Rebates2 Reserve Transfer3 Plan Cost to Funding Ratio 93% $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 Medical Claims Pharmacy Claims Fixed Costs Total Costs Annual Total Costs 2017 2018 2019 2020 Medical and Pharmacy Claims PEPMs Trend $631.80 $641.24 2020 2019 $220.40 $180.60 2020 2019 -1.5% 22.0% $400 $600 $800 $1,000 $1,200 Claims Per Employee Per Month -Prior 12 Months Total Medical/Rx Net Claims PEPM 2019 vs. 2020 Plan Year Average Enrollment Change Financial Performance 3.7% -0.9% $2,239,455 Increase Decrease Surplus 75% 25% High Claimants Cost as a Percentage of Total Gross Claims Non HCC HCC High Cost Claimants as a Percentage of Total Gross Claims Count of High Claimants (Individual Members >100k) % of Total Membership 22 0.4% Sample Self-Insured Claims Dashboard Sample Client Medical Claims Experience - Florida Blue ASO Plan Year: October 1, 2020 - September 30, 2021 (1)Reserve Beginning Balance:$5,129,488 Total Plan Total Plan Funding Admin & Network Fees Stop Loss Fees ($275K 12/18)Capitation Medical Claims Pharmacy Total Paid Claims Stop Loss Reimbursements Total Plan Cost Reserve Account (Surplus/Deficit)EE EE + SP EE + CH EE + FM Total EE's Net Claims / EE / Month October-20 $1,056,801 $63,412 $105,440 $14,516 $777,629 $217,661 $1,009,807 ($192,686)$985,972 $70,829 490 139 122 189 940 $869.28 November-20 $1,048,936 $62,873 $104,542 $14,444 $640,405 $202,730 $857,580 ($75,800)$949,194 $99,741 480 140 124 188 932 $838.82 December-20 $1,046,605 $62,738 $104,318 $14,408 $617,333 $207,344 $839,085 ($1,410)$1,004,731 $41,874 480 137 124 189 930 $900.73 January-21 $1,061,908 $64,222 $106,786 $2,603 $587,786 $143,717 $734,107 ($59,326)$845,789 $216,119 501 141 122 188 952 $708.80 February-21 $1,064,639 $64,357 $107,010 $2,573 $579,866 $175,541 $757,980 $0 $929,347 $135,292 501 141 122 190 954 $794.53 March-21 April-21 May-21 June-21 July-21 August-21 September-21 Total $5,278,889 $317,602 $528,096 $48,545 $3,203,019 $946,994 $4,198,558 ($329,222)$4,715,034 $563,856 4,708 $821.86 Pharmacy Rebate $128,010 Total Reserve Account Including Beginning Balance $5,821,354 (1) Surplus at the end of the 2019-2020 Contract Year from 112.08 Report $0 $3,000,000 $6,000,000 $9,000,000 $12,000,000 2017-2018 2018-2019 2019-2020 2020-2021 Annual Plan Costs (Net) Medical Rx Fixed $600 $800 $1,000 $1,200 $1,400 $1,600 Claims Per Employee Per Month -Prior 12 Months Plan Expenses vs. Plan Funding 89% Medical/Rx Claims PEPM Trend 2020 vs. 2019 Plan Year Average Enrollment 2020 vs 2019 Plan Year Plan Year Financial Performance 0.3% Increase 3.7% Decrease $563,856 Surplus $233,422 $103,502 $87,120 $0 $250,000 Inflammatory Demyelinating Polyneuropathy Liver Transplant Complications Ulcerative Colitis Top Three Catastrophic Claimants Incurred and Paid Plan Year to Date $2,105 $1,189 $461 0 100 200 300 400 500 600 $0 $500 $1,000 $1,500 $2,000 $2,500 HMO 60 PPO 03748 HDHP 5190/1 EnrollmentClaims PEPMMedical Plan Comparison Net Claims per Employee per Month Average Enrollment by Plan 1 SAMPLE CLIENT Claims Experience Report - Florida Blue July 2020 - Current HMO Total Premium Capitation + Value Inpatient Hospital Outpatient Hospital Physician Other Pharmacy Retail/Mail TOTAL PAID CLAIMS Loss Ratio EE EE+S EE+C EE+F TOTAL Claims Cost PEPM July-20 1,071,794$ 24,358$ 184,107$ 200,078$ 219,406$ 140,323$ 312,761$ 1,081,033$ 101%1,312 67 42 275 1,696 637.40$ August-20 1,247,742$ 24,056$ 267,756$ 246,567$ 205,742$ 126,335$ 301,410$ 1,171,865$ 94%1,301 66 43 277 1,687 694.64$ September-20 1,170,752$ 23,331$ 269,103$ 260,336$ 160,970$ 122,028$ 382,579$ 1,218,346$ 104%1,218 67 43 258 1,586 768.19$ October-20 1,198,047$ 23,686$ 82,407$ 206,873$ 224,707$ 119,504$ 262,968$ 920,145$ 77%1,242 69 47 255 1,613 570.46$ November-20 1,177,794$ 23,445$ 322,740$ 227,903$ 208,161$ 106,915$ 284,392$ 1,173,556$ 100%1,224 69 46 256 1,595 735.77$ December-20 1,186,536$ 23,685$ 522,862$ 226,543$ 199,119$ 128,232$ 298,511$ 1,398,950$ 118%1,227 69 48 257 1,601 873.80$ January-21 1,168,353$ 23,226$ 135,643$ 148,433$ 148,135$ 105,117$ 271,566$ 832,120$ 71%1,223 73 50 250 1,596 521.38$ February-21 1,182,370$ 23,709$ 125,936$ 148,189$ 145,837$ 138,878$ 271,093$ 853,642$ 72%1,213 73 51 249 1,586 538.24$ March-21 April-21 May-21 June-21 2020-2021 9,403,389$ 189,496$ 1,910,553$ 1,664,921$ 1,512,077$ 987,332$ 2,385,279$ 8,649,657$ 92%9,960 553 370 2,077 12,960 667.41$ HDHP Total Premium Capitation + Value Inpatient Hospital Outpatient Hospital Physician Other Pharmacy Retail/Mail TOTAL PAID CLAIMS Loss Ratio EE EE+S EE+C EE+F TOTAL Claims Cost PEPM July-20 78,352$ 120$ -$ 27,266$ 6,770$ 7,433$ 28,149$ 69,738$ 89%112 10 4 13 139 501.71$ August-20 91,701$ 125$ -$ 4,672$ 33,323$ 5,011$ 3,840$ 46,971$ 51%114 10 5 13 142 330.78$ September-20 89,828$ 145$ 10,336$ 2,931$ 49,064$ 5,010$ 4,443$ 71,929$ 80%109 10 6 12 137 525.03$ October-20 97,209$ 149$ -$ 10,352$ 50,921$ 3,660$ 9,736$ 74,816$ 77%118 11 6 13 148 505.51$ November-20 97,765$ 160$ -$ 4,645$ 36,777$ 4,829$ 5,605$ 52,016$ 53%119 12 6 13 150 346.77$ December-20 99,740$ 166$ -$ 24,334$ 36,943$ 8,325$ 6,587$ 76,354$ 77%121 11 6 13 151 505.66$ January-21 98,597$ 166$ 21,622$ 4,503$ 9,910$ 5,752$ 7,134$ 49,086$ 50%120 11 7 13 151 325.07$ February-21 97,341$ 168$ -$ 3,875$ 30,048$ 4,366$ 3,852$ 42,309$ 43%121 11 7 12 151 280.20$ March-21 April-21 May-21 June-21 2020-2021 750,532$ 1,198$ 31,958$ 82,578$ 253,756$ 44,385$ 69,345$ 483,220$ 64%934 86 47 102 1,169 413.36$ PPO Total Premium Capitation + Value Inpatient Hospital Outpatient Hospital Physician Other Pharmacy Retail/Mail TOTAL PAID CLAIMS Loss Ratio EE EE+S EE+C EE+F TOTAL Claims Cost PEPM July-20 175,098$ 395$ 138,527$ 17,929$ 53,249$ 46,632$ 137,857$ 394,590$ 225%207 6 6 28 247 1,597.53$ August-20 204,731$ 375$ 42,569$ 29,801$ 71,078$ 74,148$ 116,527$ 334,499$ 163%205 6 6 28 245 1,365.30$ September-20 195,851$ 3,134$ 3,344$ 22,796$ 47,110$ 59,175$ 135,429$ 270,989$ 138%196 6 5 25 232 1,168.06$ October-20 199,705$ 3,144$ 1,408$ 29,333$ 59,370$ 52,368$ 92,585$ 238,209$ 119%202 7 5 24 238 1,000.88$ November-20 194,438$ 428$ 12,775$ 27,933$ 50,201$ 20,766$ 136,324$ 248,428$ 128%200 8 7 22 237 1,048.22$ December-20 193,990$ (2,264)$ 54,480$ 27,790$ 43,017$ 27,508$ 145,735$ 296,267$ 153%198 8 6 22 234 1,266.10$ January-21 187,723$ 410$ (373,819)$ 21,121$ 32,783$ 22,714$ 99,047$ (197,743)$ -105%196 11 5 18 230 (859.75)$ February-21 190,080$ 423$ 837,001$ 41,222$ 39,784$ 119,935$ 88,986$ 1,127,350$ 593%196 12 5 18 231 4,880.30$ March-21 April-21 May-21 June-21 2020-2021 1,541,616$ 6,046$ 716,286$ 217,926$ 396,594$ 423,247$ 952,490$ 2,712,588$ 176%1,600 64 45 185 1,894 1,432.20$ Sample Fully-Insured Claims Experience Member Gender Relationshiptype CurrentlyEnrolled?Age Plan Paid Member Paid Retrospectiv e Risk Prospective Risk ActuarialRisk Member 1 M Employee YesMember 2 M Child/Dependent Yes Member 3 M *NoMember 4 F Child/Dependent NoMember 5 F Child/DependentNo Member 6 F Child/Dependent NoMember 7 M Spouse/Partner YesMember 8 M Employee Yes Member 9 M Employee YesMember 10 F Employee NoMember 11 F Employee Yes Member 12 M Child/Dependent YesMember 13 M Employee Yes Member 14 F Employee YesMember 15 M Employee YesMember 16 M *No Member 17 M Spouse/Partner YesMember 18 M Employee Yes 252525$8,640$1,002,65854 252525$2,586$960,0150 232425$3,800$944,0092 202020$7,574$935,63916 212120$7,662$843,49418 242425$2,500$813,1020 252525$5,542$666,60459 242425$3,972$642,60249 242425$11,451$563,85558 252525$5,712$432,86162 222323$3,251$423,61460 202121$4,839$378,90220 252525$10,987$376,59943 222222$8,984$340,61857 212119$3,844$323,16669 242424$6,591$315,24253 252525$6,016$304,93065 222222$9,650$300,43962 High Cost Member List - (Only Members Over $100,000) (Red = No Longer Enrolled) Child/Dependent$6,243,795 Spouse/Partner$5,028,196 Employee$16,173,566 Total Cost by Relationship - (Only Members Over $100,000) 0 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 Number of Members $0 $200,000 $400,000 $600,000 $800,000 $1,000,000$1,200,000$1,400,000$1,600,000$1,800,000$2,000,000$2,200,000$2,400,000$2,600,000$2,800,000$3,000,000$3,200,000$3,400,000$3,600,000$3,800,000$4,000,000$4,200,000 DiabetesOther minor perinatal disorder Isch hrt dis Hypertension Lipidoses Jt degen -back Chronic renal failure Pregnancy w delivery Multiple myeloma Psoriasis $1,397,434 $1,761,114 $1,508,354 $1,462,376 $1,220,963 $3,795,558$2,719,938 $1,475,568 $1,474,511 $2,152,911 $327,655 $315,809 $176,140 Conditions Number of Members Plan Paid Member Paid Powered By High Cost Claimant Filters: Show Only Claimants Over $100,000 Demographic Type Relationship Group Code All Plan Code All Cohort Selection None Incurred Filter On/Off On Incurred Start Date Jan, 2016 Incurred End Date Jan, 2020 Paid Filter On/Off Off Paid Start Date Jan, 2016 Paid End Date Mar, 2020 SAMPLE CITY - 1,600 Employees Medical Claims Experience Report January 1, 2017 - Current OAPIN Monthly Funding In-Network Out-of- Network Capitation Pharmacy Total Claims Cigna ASO Payment Individual Stop Loss Premium Aggregate Stop Loss Premium Total Plan Cost Surplus/ (Deficit) Loss Ratio EE EE+1 EE+F Total Claims/EE/ Month January-17 25,978$ 16,803$ -$ 893$ 8,213$ 25,909$ 1,447$ 4,439$ 253$ 32,047$ (6,069)$ 99.7%11 7 4 22 1,177.67$ February-17 25,271$ 20,931$ -$ 814$ 9,566$ 31,311$ 1,447$ 4,439$ 253$ 37,449$ (12,179)$ 123.9%12 6 4 22 1,423.23$ March-17 25,969$ 99,845$ -$ 791$ 6,263$ 106,899$ 1,512$ 4,641$ 264$ 113,316$ (87,347)$ 411.6%13 6 4 23 4,647.78$ April-17 25,261$ 6,569$ -$ 812$ 11,683$ 19,064$ 1,512$ 4,641$ 264$ 25,482$ (221)$ 75.5%14 5 4 23 828.89$ May-17 25,261$ 35,315$ -$ 787$ 9,980$ 46,082$ 1,512$ 4,641$ 264$ 52,499$ (27,238)$ 182.4%14 5 4 23 2,003.55$ June-17 27,365$ 17,236$ -$ 787$ 6,675$ 24,698$ 1,644$ 5,044$ 287$ 31,673$ (4,308)$ 90.3%15 6 4 25 987.93$ July-17 27,365$ 7,379$ -$ 848$ 8,499$ 16,726$ 1,644$ 5,044$ 287$ 23,701$ 3,664$ 61.1%15 6 4 25 669.05$ August-17 27,365$ 15,224$ -$ 852$ 10,765$ 26,841$ 1,644$ 5,044$ 287$ 33,817$ (6,451)$ 98.1%15 6 4 25 1,073.65$ September-17 27,365$ 5,402$ -$ 850$ 4,682$ 10,934$ 1,644$ 5,044$ 287$ 17,910$ 9,456$ 40.0%15 6 4 25 437.38$ October-17 26,667$ 12,474$ 44$ 867$ 6,684$ 20,069$ 1,578$ 4,842$ 276$ 26,765$ (98)$ 75.3%14 6 4 24 836.20$ November-17 26,667$ 11,242$ 30$ 1,131$ 11,029$ 23,432$ 1,578$ 4,842$ 276$ 30,129$ (3,461)$ 87.9%14 6 4 24 976.35$ December-17 26,667$ 1,785$ 30$ 838$ 7,497$ 10,152$ 1,578$ 4,842$ 276$ 16,848$ 9,819$ 38.1%14 6 4 24 422.98$ 2017 Plan Year 317,203$ 250,207$ 105$ 10,272$ 101,535$ 362,118$ 18,742$ 57,504$ 3,272$ 441,636$ (124,433)$ 114.2%166 71 48 285 1,270.59$ Monthly Funding Monthly Fee Employee 698.24$ 65.76$ 201.77$ 11.48$ Employee +1 1,406.04$ 65.76$ 201.77$ 11.48$ Family 2,113.88$ 65.76$ 201.77$ 11.48$ HSA HDHP Monthly Funding In-Network Out-of- Network Capitation Pharmacy Total Claims Cigna ASO Payment Individual Stop Loss Premium Aggregate Stop Loss Premium Total Plan Cost Surplus/ (Deficit) Loss Ratio EE EE+1 EE+F Total Claims/EE/ Month January-17 363,911$ 336,289$ 426$ 12,843$ 14,140$ 363,698$ 21,195$ 64,163$ 3,651$ 452,706$ (88,796)$ 99.9%115 71 132 318 1,143.71$ February-17 364,487$ 186,764$ (1,086)$ 13,776$ 31,259$ 230,714$ 21,128$ 63,961$ 3,639$ 319,442$ 45,045$ 63.3%114 69 134 317 727.80$ March-17 364,487$ 222,873$ 1,460$ 13,744$ 51,693$ 289,770$ 21,128$ 63,961$ 3,639$ 378,498$ (14,011)$ 79.5%114 69 134 317 914.10$ April-17 361,680$ 177,631$ 2,468$ 13,831$ 67,956$ 261,885$ 20,928$ 63,356$ 3,605$ 349,774$ 11,906$ 72.4%112 69 133 314 834.03$ May-17 360,005$ 213,047$ 635$ 13,677$ 71,056$ 298,415$ 20,928$ 63,356$ 3,605$ 386,304$ (26,299)$ 82.9%113 70 131 314 950.37$ June-17 363,264$ 277,347$ 1,378$ 13,955$ 77,631$ 370,312$ 21,061$ 63,759$ 3,628$ 458,760$ (95,497)$ 101.9%111 74 131 316 1,171.87$ July-17 358,246$ 166,044$ 1,245$ 13,802$ 81,788$ 262,878$ 20,928$ 63,356$ 3,605$ 350,767$ 7,480$ 73.4%112 75 127 314 837.19$ August-17 361,626$ 278,202$ 386$ 13,440$ 82,040$ 374,068$ 21,128$ 63,961$ 3,639$ 462,796$ (101,170)$ 103.4%114 74 129 317 1,180.02$ September-17 359,387$ 171,527$ (230)$ 14,440$ 91,066$ 276,803$ 20,995$ 63,558$ 3,616$ 364,972$ (5,585)$ 77.0%113 74 128 315 878.74$ October-17 357,143$ 277,648$ -$ 14,586$ 94,799$ 387,034$ 20,928$ 63,356$ 3,605$ 474,923$ (117,780)$ 108.4%113 75 126 314 1,232.59$ November-17 361,617$ 387,039$ 665$ 18,474$ 70,591$ 476,769$ 21,261$ 64,365$ 3,662$ 566,058$ (204,440)$ 131.8%116 76 127 319 1,494.58$ December-17 361,617$ 324,681$ 396$ 13,645$ 99,222$ 437,944$ 21,261$ 64,365$ 3,662$ 527,232$ (165,615)$ 121.1%116 76 127 319 1,372.86$ 2017 Plan Year 4,337,471$ 3,019,093$ 7,743$ 170,215$ 833,240$ 4,030,291$ 252,870$ 765,515$ 43,555$ 5,092,231$ (754,760)$ 92.9%1,363 872 1,559 3,794 1,062.28$ Monthly Funding Monthly Fee Employee 568.08$ 66.65$ 201.77$ 11.48$ Employee +1 1,098.69$ 66.65$ 201.77$ 11.48$ Family 1,671.02$ 66.65$ 201.77$ 11.48$ Monthly Premium Monthly Premium SAMPLE SELF INSURED CLAIMS EXPERIENCE REPORT Medical Claims Experience Report January 1, 2017 - Current PLAN TOTAL COMBINED Monthly Funding In-Network Out-of- Network Capitation Pharmacy Total Claims Cigna ASO Payment Individual Stop Loss Premium Aggregate Stop Loss Premium Total Plan Cost Surplus/ (Deficit) Loss Ratio EE EE+1 EE+F Total Claims/EE/ Month January-17 389,889$ 353,092$ 426$ 13,736$ 22,352$ 389,607$ 22,641$ 68,602$ 3,903$ 484,753$ (94,864)$ 99.9%126 78 136 340 1,145.90$ February-17 389,758$ 207,696$ (1,086)$ 14,590$ 40,825$ 262,025$ 22,575$ 68,400$ 3,892$ 356,892$ 32,866$ 67.2%126 75 138 339 772.94$ March-17 390,456$ 322,718$ 1,460$ 14,535$ 57,956$ 396,669$ 22,641$ 68,602$ 3,903$ 491,814$ (101,358)$ 101.6%127 75 138 340 1,166.67$ April-17 386,941$ 184,200$ 2,468$ 14,644$ 79,638$ 280,950$ 22,441$ 67,996$ 3,869$ 375,256$ 11,686$ 72.6%126 74 137 337 833.68$ May-17 385,266$ 248,362$ 635$ 14,464$ 81,035$ 344,497$ 22,441$ 67,996$ 3,869$ 438,802$ (53,536)$ 89.4%127 75 135 337 1,022.24$ June-17 390,629$ 294,583$ 1,378$ 14,742$ 84,306$ 395,010$ 22,705$ 68,804$ 3,915$ 490,434$ (99,805)$ 101.1%126 80 135 341 1,158.39$ July-17 385,612$ 173,423$ 1,245$ 14,650$ 90,287$ 279,604$ 22,572$ 68,400$ 3,892$ 374,468$ 11,144$ 72.5%127 81 131 339 824.79$ August-17 388,991$ 293,427$ 386$ 14,292$ 92,804$ 400,909$ 22,772$ 69,005$ 3,926$ 496,612$ (107,621)$ 103.1%129 80 133 342 1,172.25$ September-17 386,752$ 176,929$ (230)$ 15,291$ 95,748$ 287,738$ 22,639$ 68,602$ 3,903$ 382,881$ 3,871$ 74.4%128 80 132 340 846.29$ October-17 383,810$ 290,123$ 44$ 15,454$ 101,483$ 407,103$ 22,506$ 68,198$ 3,880$ 501,688$ (117,878)$ 106.1%127 81 130 338 1,204.45$ November-17 388,284$ 398,281$ 695$ 19,605$ 81,620$ 500,202$ 22,840$ 69,207$ 3,938$ 596,186$ (207,902)$ 128.8%130 82 131 343 1,458.31$ December-17 388,284$ 326,466$ 427$ 14,483$ 106,719$ 448,095$ 22,840$ 69,207$ 3,938$ 544,080$ (155,795)$ 115.4%130 82 131 343 1,306.40$ 2017 Plan Year 4,654,674$ 3,269,300$ 7,847$ 180,487$ 934,775$ 4,392,409$ 271,612$ 823,020$ 46,827$ 5,533,867$ (879,193)$ 94.4%1,529 943 1,607 4,079 1,076.83$ *Actual claims only include claims up to the Stop Loss limit SAMPLE SELF INSURED CLAIMS EXPERIENCE REPORT $971.33$1,046.97$814.00$628.74$623.72$758.27$1,028.08$831.69$775.09$842.18$889.63$875.13$1,167.84$863.58$1,290.25$765.26$668.20$1,428.86$878.69$673.32$677.48$880.72$892.65$1,151.39$1,074.26$920.15$902.24$771.12$794.53$0 $200 $400 $600 $800 $1,000 $1,200 $1,400 $1,600 Sample Client Gross Medical Claims Per Employee Per Month October 2018 - Current Claims PEPM Funding Linear ( Claims PEPM ) 8 Sample County SAMPLE MINIMUM PREMIUM CLAIMS EXPERIENCEClaims Experience Report ‐ Florida Blue 2018 ‐ 2019 Plan YearBase BO PlanFunding Hospital Physician Other Pharmacy Total Paid Claims ASO Fees Stop Loss Fees Total Plan Cost Reserve Accumulation(1)EE EE+F TotalClaims PEPMOctober‐18 $ 311,533 $ 80,763 $ 55,012 $ 8,844 $ 42,491 $ 187,110 $ 25,620 31,721$ $ 244,451 $67,082 412 76488383.42$ November‐18 $ 313,742 $ 56,448 $ 59,599 $ 6,362 $ 44,471 $ 166,880 $ 25,778 31,956$ $ 224,613 $89,129 414 77491339.88$ December‐18 $ 318,713 $ 37,347 $ 40,577 $ 9,547 $ 31,521 $ 118,993 $ 26,198 32,457$ $ 177,648 $141,065 421 78499238.46$ January‐19 $ 318,161 $ 23,946 $ 23,108 $ 6,992 $ 50,678 $ 104,725 $ 26,198 32,384$ $ 163,306 $154,855 42277499209.87$ February‐19 $ 317,056 $ 20,707 $ 12,321 $ 6,501 $ 37,513 $ 77,042 $ 26,093 32,277$ $ 135,411 $181,645 420 77497155.01$ March‐19 $ 314,294 $ 26,065 $ 12,924 $ 9,019 $ 34,506 $ 82,514 $ 25,830 32,009$ $ 140,353 $173,941 415 77492167.71$ April‐19 $ 317,056 $ 21,394 $ 14,910 $ 6,951 $ 35,040 $ 78,295 $ 25,988 32,317$ $ 136,599 $180,457 416 79495158.17$ May‐19 $ 319,818 $ 49,349 $ 19,849 $ 8,573 $ 53,250 $ 131,021 $ 26,145 32,625$ $ 189,791 $130,027 417 81498263.09$ June‐19 $ 320,370 $ 139,732 $ 34,314 $ 7,995 $ 22,039 $ 204,080 $ 26,198 32,679$ $ 262,956 $57,415 41881499408.98$ July‐19 $ 317,609 $ 76,403 $ 41,630 $ 13,137 $ 41,740 $ 172,910 $ 25,988 32,391$ $ 231,289 $86,320 415 80495349.31$ August‐19 $ 318,713 $ 33,115 $ 27,590 $ 17,176 $ 38,625 $ 116,506 $ 26,093 32,498$ $ 175,097 $143,617 417 80497234.42$ September‐19 $ 321,475 $ 113,681 $ 40,507 $ 13,976 $ 29,798 $ 197,962 $ 26,355 32,765$ $ 257,083 $64,392 422 80502394.35$ 2018‐2019 $ 3,808,541 $ 678,950 $ 382,343 $ 115,073 $ 461,672 $ 1,638,038 $ 312,480 $ 388,078 $ 2,338,596 $ 1,469,945 5,009 943 5,952 275.21$ Single $ 552.36 $ 52.50 $ 53.52 Family $ 1,104.74 $ 52.50 $ 127.25 Buy‐Up BO PlanFunding Hospital Physician Other Pharmacy Total Paid Claims ASO Fees Stop Loss Fees Total Plan Cost Reserve Accumulation(1)EE EE+F TotalClaims PEPMOctober‐18 $ 176,817 $ 132,764 $ 29,524 $ 21,769 $ 47,223 $ 231,279 $ 12,495 $ 16,645 $ 260,420 $(83,602)185 53238971.76$ November‐18 $ 175,602 $ 90,696 $ 26,973 $ 14,685 $ 46,310 $ 178,665 $ 12,443 $ 16,518 $ 207,625 $(32,023)185 52237753.86$ December‐18 $ 175,602 $ 78,279 $ 82,439 $ 8,413 $ 48,595 $ 217,726 $ 12,443 $ 16,518 $ 246,686 $(71,084)185 52237918.67$ January‐19 $ 172,564 $ 127,769 $ 33,637 $ 6,426 $ 51,410 $ 219,242 $ 12,338 $ 16,190 $ 247,769 $(75,205)18649235932.94$ February‐19 $ 173,172 $ 27,352 $ 21,495 $ 8,311 $ 45,347 $ 102,504 $ 12,443 $ 16,223 $ 131,170 $42,002 189 48237432.51$ March‐19 $ 174,387 $ 124,865 $ 26,370 $ 4,955 $ 34,054 $ 190,245 $ 12,495 $ 16,351 $ 219,090 $(44,703)189 49238799.35$ April‐19 $ 177,425 $ 156,462 $ 25,251 $ 3,768 $ 45,920 $ 231,401 $ 12,705 $ 16,638 $ 260,744 $(83,319)192 50242956.20$ May‐19 $ 179,856 $ 55,741 $ 29,622 $ 7,399 $ 49,419 $ 142,181 $ 12,810 $ 16,893 $ 171,884 $7,972 192 52244582.71$ June‐19 $ 181,678 $ 81,324 $ 66,402 $ 9,477 $ 38,247 $ 195,450 $ 12,915 $ 17,074 $ 225,439 $(43,760)19353246794.51$ July‐19 $ 178,640 $ 80,555 $ 44,881 $ 15,015 $ 34,602 $ 175,054 $ 12,653 $ 16,806 $ 204,513 $(25,872)188 53241726.37$ August‐19 $ 179,248 $ 57,458 $ 36,680 $ 15,322 $ 35,000 $ 144,460 $ 12,653 $ 16,880 $ 173,992 $5,256 187 54241599.42$ September‐19 $ 178,033 $ 57,699 $ 18,870 $ 8,477 $ 32,425 $ 117,471 $ 12,548 $ 16,773 $ 146,791 $31,242 185 54239491.51$ 2018‐2019 $ 2,123,024 $ 1,070,965 $ 442,142 $ 124,018 $ 508,552 $ 2,145,677 $ 150,938 $ 199,509 $ 2,496,124 $(373,099) 2,256 619 2,875 746.32$ Single $ 607.62 $ 52.50 $ 53.52 Family $ 1,215.24 $ 52.50 $ 127.25 TOTALFunding Hospital Physician Other Pharmacy Total Paid Claims ASO Fees Stop Loss Fees Total Plan Cost Reserve Accumulation(1)EE EE+F TotalClaims PEPMOctober‐18 $ 488,350 $ 213,527 $ 84,536 $ 30,613 $ 89,714 $ 418,389 $ 38,115 $ 48,367 $ 504,871 $(16,521)597 129726576.29$ November‐18 $ 489,344 $ 147,144 $ 86,572 $ 21,047 $ 90,781 $ 345,544 $ 38,220 $ 48,474 $ 432,238 $57,106 599 129728474.65$ December‐18 $ 494,315 $ 115,626 $ 123,016 $ 17,961 $ 80,116 $ 336,719 $ 38,640 $ 48,976 $ 424,335 $69,981 606 130736457.50$ January‐19 $ 490,725 $ 151,716 $ 56,745 $ 13,418 $ 102,088 $ 323,967 $ 38,535 $ 48,574 $ 411,075 $79,650 608126734441.37$ February‐19 $ 490,228 $ 48,059 $ 33,816 $ 14,812 $ 82,859 $ 179,546 $ 38,535 $ 48,500 $ 266,581 $223,647 609 125734244.61$ March‐19 $ 488,681 $ 150,930 $ 39,294 $ 13,975 $ 68,560 $ 272,759 $ 38,325 $ 48,360 $ 359,443 $129,238 604 126730373.64$ April‐19 $ 494,481 $ 177,857 $ 40,161 $ 10,719 $ 80,959 $ 309,696 $ 38,693 $ 48,955 $ 397,344 $97,138 608 129737420.21$ May‐19 $ 499,674 $ 105,090 $ 49,471 $ 15,972 $ 102,669 $ 273,202 $ 38,955 $ 49,518 $ 361,675 $137,999 609 133742368.20$ June‐19 $ 502,049 $ 221,056 $ 100,715 $ 17,472 $ 60,287 $ 399,530 $ 39,113 $ 49,752 $ 488,395 $13,654 611134745536.28$ July‐19 $ 496,249 $ 156,958 $ 86,511 $ 28,152 $ 76,343 $ 347,965 $ 38,640 $ 49,197 $ 435,801 $60,448 603 133736472.78$ August‐19 $ 497,961 $ 90,573 $ 64,270 $ 32,498 $ 73,625 $ 260,966 $ 38,745 $ 49,378 $ 349,089 $148,872 604 134738353.61$ September‐19 $ 499,508 $ 171,380 $ 59,377 $ 22,453 $ 62,223 $ 315,433 $ 38,903 $ 49,538 $ 403,874 $95,634 607 134741425.69$ Estimated Stop Loss Reimbursement (Claims Exceeding $200,000)35,649$ 2018‐2019 $ 5,931,565 $ 1,749,915 $ 824,485 $ 239,091 $ 970,224 $ 3,783,715 $ 463,418 $ 587,587 $ 4,834,720 $ 1,132,494 7,265 1,562 8,827 428.65$ (1) Reserves for Rolling 12 Months excludes Stop Loss Reimbursement. SAMPLE CLIENT Medical Insurance Renewal Projection Effective: July 1, 20XX Claims Period: November 2016 - October 2017 Standard Underwriting Total Medical and Pharmacy Claims = $15,036,247 Less Capitation -$(671,188) Less Large Claims (8 Claimants Exceeding $200,000 Specific Deductible)-$(1,600,000) Net Claims = $12,765,059 Maturation Factor (Completion)x 1.05 Total Incurred & Paid Claims = $13,403,312 Effective Trend for 20 months (10%)x 1.1722 Trended Claims =15,710,859$ Plus Capitation +671,188$ Account Claims Liability (8 Claimants Exceeding $200,000)+1,600,000$ Total Trended & Pooled Claims =17,982,047$ Average Setback Lives /1,521 Credit for Plan Changes (-1.4% HMCM - 8 Months)x 0.991 Average Paid Claims Per Employee Per Year =11,712$ Current In Force x 1,528 Expected Claims =17,896,200$ Fixed Costs Administrative Service Fee (No Increase)+666,514$ Reinsurance Premium (15% Increase)+1,683,960$ Total Fixed Costs =2,350,474$ PPACA - Comparative Effectiveness Research Fee ($2.39 PMPY)*+7,619$ Total Projected Annual Cost =20,254,292$ Current Funding for this Period (based on current enrollment annualized)=18,754,243$ Recommended Annual Funding -20,254,292$ $ Increase Needed for 2018-2019 Plan Year /1,500,049$ % Increase Needed for 2018-2019 Plan Year =8.0% HRA Funding for 2018-2019 Plan Year +4,059,000$ Overall Projected Cost for 2018-2019 Plan Year =24,313,292$ *Current membership = 3,188 Estimated claim reserve requirement 60 days: $2,941,841 This projection is for illustrative purposes only. Increased plan utilization and/or catastrophic events could affect overall plan performance. SAMPLE STRATEGIC HEALTH PLAN REPORT SAMPLE Strategic Health Plan Report Paid Date: 01/01/2020 thru 12/31/2020 Created Date: XX/XX/2021 at 4:58 PM Page 1 of 14Episode Treatment Groups, third party software included in Design180 ™, is the proprietary and copyrightedintellectual property of Symmetry ™. Copyright © 2015, NavigatorMD, Inc. Table of Contents Utilization Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Top 10 Conditions: Benchmark Comparison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Top 10 Physicians . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Top 10 Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Top 10 Places of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Top 10 Pharmacies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Top 10 Pharmacy Claimants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Formulary vs. Non-Formulary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Pharmacy Relationships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Risk Index By Demographics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Risk Index Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Risk Index Ranges by Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Page 2 of 14 Paid: 1/1/2020 to 12/31/2020SAMPLE Episode Treatment Groups, third party software included in Design180 ™, is the proprietary and copyrighted intellectual property of Symmetry ™. Copyright © 2015, NavigatorMD, Inc. Utilization Summary METRICS METRIC TYPE PRIOR PERIOD CURRENT PERIOD % CHANGE TOTAL (CURRENT) ER VISIT UTILIZATION ER Visits Per 1000 417.7 395.1 -5.4%1836 ER Claimants Claimants Per 1000 222.7 219.1 -1.6%1018 ER Visits per ER Claimant Average Visits 1.9 1.8 -3.8%0 ER Visits resulting in an Admission % of ER Visits 7.4%6.5%-12.9%119 ER Visit Paid per ER Visit Average Paid $1,659.41 $1,488.67 -10.3%$2,733,205.61 ER Visit Allowed Per ER Visit Average Allowed $1,720.73 $1,583.49 -8.0%$2,907,290.50 INPATIENT UTILIZATION Inpatient Days Per 1000 371.2 369.3 -0.5%1716 Inpatient Claimants Claimants Per 1000 49.7 38.7 -22.1%180 Average Length Of Stay Average Days 6.0 6.6 10.6%0 Total Admissions Per 1000 62.2 56.0 -10.0%260 Total Admission Paid Per Admission Average Paid $15,451 $14,719 -4.7%$3,826,859 Total Admission Paid Per Day Paid Per Day $2,588 $2,230 -13.8%0 Total Inpatient Re-admissions Per 1000 1.7 1.3 -23.7%6 IMAGING UTILIZATION CT Scan Per 1000 242.6 196.5 -19.0%913 MRI Scan Per 1000 96.2 87.4 -9.2%406 DRUG UTILIZATION Pharmacy Scripts Per 1000 16875.0 16851.3 -0.1%78308 Pharmacy Scripts Mail Order % of Mail Order 2.8%3.3%19.2%2599 Pharmacy Scripts Generic Drugs % of Generic Drugs 85.8%85.5%-0.3%66969 OFFICE VISIT UTILIZATION Regular Office Visits Average Cost Per Office Visit $45.58 $48.62 6.7%$909,641 Total Office Visits Per 1000 5435.3 4660.0 -14.3%21655 Regular Office Visits Per 1000 4617.4 4026.0 -12.8%18709 Preventative Office Visits Per 1000 587.4 484.2 -17.6%2250 Behavioral Health Office Visits Per 1000 230.5 149.8 -35.0%696 OTHER UTILIZATION Chiropractic Visits Per 1000 276.7 264.3 -4.5%1228 Physical Therapy Per 1000 471.9 342.4 -27.4%1591 Deliveries Per 1000 10.4 4.9 -52.2%23 Dialysis Claimants Claimants Per 1000 3.6 2.6 -28.2%12 Transplant Claimants Claimants Per 1000 0.4 0.0 -100.0%0 Page 3 of 14 Paid: 1/1/2020 to 12/31/2020SAMPLE Episode Treatment Groups, third party software included in Design180 ™, is the proprietary and copyrighted intellectual property of Symmetry ™. Copyright © 2015, NavigatorMD, Inc. Top 10 Conditions: Benchmark Comparison Malignant neoplasm of prostate Lymphoma Hyperlipidemia, other Atrial fibrillation & flutter Joint degeneration, localized - knee & lower leg Joint degeneration, localized - back Ischemic heart disease Multiple myeloma Hypertension Diabetes 0 1 2 0.82 1.13 0.74 1.09 0.87 0.84 0.46 1.95 0.85 1.05 EPISODE #CLAIMANTS TOTAL PAID BENCHMARK SCALE(1 = NORM)$ OVER OR UNDER($0 = NORM) Diabetes 398 $2,282,039.24 1.05 $98,687.83 Hypertension 1,273 $1,294,724.10 0.85 ($225,089.61) Multiple myeloma 5 $1,165,318.63 1.95 $566,837.14 Ischemic heart disease 336 $872,925.59 0.46 ($1,024,229.85) Joint degeneration, localized - back 381 $841,504.34 0.84 ($157,960.53) Joint degeneration, localized - knee & lower leg 238 $764,791.39 0.87 ($117,003.76) Atrial fibrillation & flutter 77 $518,749.55 1.09 $41,726.07 Hyperlipidemia, other 825 $474,148.01 0.74 ($170,620.24) Lymphoma 15 $457,507.79 1.13 $52,701.73 Malignant neoplasm of prostate 73 $449,892.18 0.82 ($96,995.33) All Others 3,767 $14,029,338.85 0.67 ($6,894,310.87) $23,150,939.67 0.74 ($7,926,257.42) Page 4 of 14 Paid: 1/1/2020 to 12/31/2020SAMPLE Episode Treatment Groups, third party software included in Design180 ™, is the proprietary and copyrighted intellectual property of Symmetry ™. Copyright © 2015, NavigatorMD, Inc. Top 10 Physicians PUBLIX SUPER MARKETS INC 590324412 CANTOR MD JEFFREY B 364727660 WEISS MD SIMON 542129332 BRUSOVANIK MD GEORGIY V 561029437 ANSARI LARI MD MOHAMMAD A 383662363 HUDEC MD RITA 650726225 GARCIA MD JOSE G 650672243 CHIN-LENN MD MARK D 273261119 MANDEL MD LEE M 650790741 SHERIDAN HEALTHCORP INC 590971075 $0$8,000$16,000$24,000$32,000$40,000$48,000$56,000$64,000PROVIDER NAME IN NETWORK?PLAN PAID % PLAN PAID OF TOTAL PLAN PAID MEMBER PAID # OF CLAIMS # OF CLAIMANTS SHERIDAN HEALTHCORP INC590971075 Yes $63,456.54 1.06%$3,996.15 33 32 MANDEL MD LEE M 650790741 Yes $53,652.60 0.90%$1,622.34 59 14 CHIN-LENN MD MARK D 273261119 Yes $39,138.43 0.65%$16,427.85 683 179 GARCIA MD JOSE G 650672243 Yes $36,105.16 0.60%$3,022.89 8 3 HUDEC MD RITA 650726225 Yes $34,002.79 0.57%$0.00 77 64 ANSARI LARI MD MOHAMMAD A383662363 Yes $33,959.33 0.57%$2,578.63 433 293 BRUSOVANIK MD GEORGIY V 561029437 No $33,331.90 0.56%$853.18 10 4 WEISS MD SIMON 542129332 Yes $31,363.53 0.52%$2,190.00 65 18 CANTOR MD JEFFREY B364727660 Yes $29,865.56 0.50%$2,940.00 6 1 PUBLIX SUPER MARKETS INC 590324412 Yes $28,941.91 0.48%$103.17 495 389 Remaining Physicians $5,603,851.61 93.59%$1,241,851.06 43,751 22,763 Page 5 of 14 Paid: 1/1/2020 to 12/31/2020SAMPLE Episode Treatment Groups, third party software included in Design180 ™, is the proprietary and copyrighted intellectual property of Symmetry ™. Copyright © 2015, NavigatorMD, Inc. Top 10 Facilities ST MARYS MED CTR 752932830 EMORY UNIV HSP 580566256 MEML HSP PEMBROKE 596014973 CLEVELAND CLINIC HSP 650844880 UNIV OF MIAMI HSP AND CL 592616017 HOLY CROSS HSP 590791028 MEML HSP MIRAMAR 596014973 UMHC 592616017 MEML HSP WST 596014973 MEML REG HSP 596014973 $0$500,000$1,000,000$1,500,000$2,000,000$2,500,000$3,000,000$3,500,000PROVIDER NAME IN NETWORK?PLAN PAID % PLAN PAID OF TOTAL PLAN PAID MEMBER PAID # OF CLAIMS # OF CLAIMANTS MEML REG HSP 596014973 Yes $3,434,325.87 32.24%$118,515.29 1,426 677 MEML HSP WST 596014973 Yes $808,816.37 7.59%$39,858.43 370 184 UMHC 592616017 Yes $674,395.85 6.33%$8,632.35 237 62 MEML HSP MIRAMAR 596014973 Yes $399,926.60 3.75%$15,975.20 120 88 HOLY CROSS HSP 590791028 Yes $342,999.84 3.22%$15,917.53 247 65 UNIV OF MIAMI HSP AND CL592616017 Yes $340,243.69 3.19%$12,765.06 158 56 CLEVELAND CLINIC HSP 650844880 Yes $273,594.83 2.57%$9,848.03 132 72 MEML HSP PEMBROKE 596014973 Yes $268,864.38 2.52%$19,988.08 181 129 EMORY UNIV HSP 580566256 Yes $215,404.06 2.02%$250.00 1 1 ST MARYS MED CTR 752932830 Yes $204,599.50 1.92%$1,325.00 14 5 Remaining Facilities $3,689,942.11 34.64%$206,274.98 2,362 1,137 Page 6 of 14 Paid: 1/1/2020 to 12/31/2020SAMPLE Episode Treatment Groups, third party software included in Design180 ™, is the proprietary and copyrighted intellectual property of Symmetry ™. Copyright © 2015, NavigatorMD, Inc. Top 10 Places of Service 31 41 20 24 81 12 23 11 21 22 $0$800,000$1,600,000$2,400,000$3,200,000$4,000,000$4,800,000$5,600,000$6,400,000PLACE OF SERVICE CODE PLACE OF SERVICE PLAN PAID # OF CLAIM SERVICE LINES MEMBER PAID TOP CONDITION 22 Outpatient Hospital $6,340,084.46 36,403 $327,816.17 Oth infl non-crnial nrv, wo comp, w surg 21 Inpatient Hospital $4,424,750.76 19,304 $208,527.10 Record outside date range 11 Office $3,344,930.76 84,605 $1,080,624.50 Jt degen -knee L/leg, wo comp, wo comorb, w surg 23 Emergency Room - Hospital $2,738,390.80 20,741 $171,771.93 Brain trauma, wo comp, wo comorb, wo surg 12 Home $582,383.90 11,169 $156,302.57 Minor bact skin infection, wo comp, w comorb 81 Independent Laboratory $559,983.40 37,765 $18,880.92 Mal neo breast, wo comp, w comorb, w surg & a/m 24 Ambulatory Surgical Center $328,193.74 1,523 $26,431.20 Orphan record 20 Urgent Care Facility $138,728.32 1,879 $44,317.83 Migraine headache, wo comp, wocomorb 41 Ambulance - Land $60,739.83 763 $36,444.06 Other inflam lung disease, w surg 31 Skilled Nursing Facility $56,309.37 350 $556.56 Cerebral vascular disease, wo comp, wo comorb, wo surg Remaining Placesof Service $163,408.59 5,461 $50,307.94 Page 7 of 14 Paid: 1/1/2020 to 12/31/2020SAMPLE Episode Treatment Groups, third party software included in Design180 ™, is the proprietary and copyrighted intellectual property of Symmetry ™. Copyright © 2015, NavigatorMD, Inc. Top 10 Pharmacies 1066390 1011624 2633611 5732917 1933666 1162419 1028388 4304096 4440486 5715834 $0$400,000$800,000$1,200,000$1,600,000$2,000,000PHARMACY PLAN PAID % PLAN PAID OF TOTAL PLAN PAID MEMBER PAID 5715834 $2,168,624.67 18.78%$40,256.65 4440486 $794,062.12 6.88%$4,623.80 4304096 $528,869.57 4.58%$44,067.73 1028388 $313,325.91 2.71%$2,700.27 1162419 $244,764.10 2.12%$5,608.86 1933666 $210,707.46 1.82%$3,620.53 5732917 $207,787.70 1.80%$3,019.94 2633611 $201,371.06 1.74%$2,857.49 1011624 $195,385.92 1.69%$14,811.68 1066390 $180,791.86 1.57%$23,022.19 Remaining Pharmacies $6,500,262.63 56.30%$816,074.87 Page 8 of 14 Paid: 1/1/2020 to 12/31/2020SAMPLE Episode Treatment Groups, third party software included in Design180 ™, is the proprietary and copyrighted intellectual property of Symmetry ™. Copyright © 2015, NavigatorMD, Inc. Top 10 Pharmacy Claimants vr7FFsq/5REywOlmV72BKg== t703oA9CcZw4jf0wXCuUzg== 5j11YyPIsjjBs66Hjt9ILw== veHHnEnSuFvZf9w8MMN1hQ== uWyts/2jOt37tCUPCLEeBA== WYel9NIL1FuZB/G5JSFqMQ== xQ2VFOhrTYsFqCGc9WWxXw== OTPGOpUURGS1onZGB1UQuw== 0YXGMVBRshxw+xWHav3veA== ftZ8uWs13fb0U76LXs/7Lg==$0$70,000$140,000$210,000$280,000$350,000$420,000$490,000$560,000MEMBER ID PLAN PAID MEMBER PAID AGE GENDER RELATIONSHIP TOP CONDITION ftZ8uWs13fb0U76LXs/7Lg= =$531,853.10 $1,000.00 22 M C Invalid NDC 0YXGMVBRshxw+ xWHav3veA==$270,612.21 $1,500.00 66 M E Multiple myeloma, wo surg, w a/m OTPGOpUURGS1onZGB1UQ uw==$248,497.86 $1,000.00 89 M E Multiple myeloma, wo surg, w a/m xQ2VFOhrTYsFqCGc9WWxXw==$220,152.72 $1,000.00 63 M E Mal neo thyroid gland, wosurg, w a/m WYel9NIL1FuZB/G5JSFqMQ ==$204,616.28 $1,500.00 56 M S Orphan drug record uWyts/2jOt37tCUPCLEeBA==$193,668.38 $1,500.00 46 M E Orphan drug record veHHnEnSuFvZf9w8MMN1h Q==$178,699.17 $1,000.00 65 F E Lymphoma, wo surg, w a/m 5j11YyPIsjjBs66Hjt9ILw==$172,176.70 $1,500.00 56 M E Mal neo prostate, wcomorb, wo surg, w a/m t703oA9CcZw4jf0wXCuUzg ==$151,545.59 $1,000.00 62 M E Mal neo prostate, w comorb, wo surg, w a/m vr7FFsq/5REywOlmV72BKg==$142,265.07 $2,850.80 46 F S Psoriasis, wo comp, wocomorb Remaining Members $9,231,865.92 $946,813.21 Page 9 of 14 Paid: 1/1/2020 to 12/31/2020SAMPLE Episode Treatment Groups, third party software included in Design180 ™, is the proprietary and copyrighted intellectual property of Symmetry ™. Copyright © 2015, NavigatorMD, Inc. Formulary vs. Non-Formulary FORMULARY?PLAN PAID % PLAN PAID OF TOTAL PLAN PAID MEMBER PAID # OF CLAIMANTS # OF CLAIM SERVICE LINES PER EMPLOYEE PER MONTH Non-Formulary $3,206,554.63 27.77%$167,122.24 1,298 6,667 $107.85 Formulary $8,339,398.37 72.23%$793,541.77 3,342 71,665 $280.50 $11,545,953.00 $960,664.01 78,332 $388.35 Page 10 of 14 Paid: 1/1/2020 to 12/31/2020SAMPLE Episode Treatment Groups, third party software included in Design180 ™, is the proprietary and copyrighted intellectual property of Symmetry ™. Copyright © 2015, NavigatorMD, Inc. Pharmacy Relationships RELATIONSHIP PLAN PAID % PLAN PAID OF TOTAL PLANPAID # OFCLAIMANTS MEMBER PAID PER MEMBERPER MONTH E $7,990,380.89 69.21%2,017 $674,289.96 $149.91 S $2,618,618.10 22.68%734 $218,660.54 $49.13 C $936,954.01 8.11%629 $67,713.51 $17.58 $11,545,953.00 3,380 $960,664.01 $216.62 Page 11 of 14 Paid: 1/1/2020 to 12/31/2020SAMPLE Episode Treatment Groups, third party software included in Design180 ™, is the proprietary and copyrighted intellectual property of Symmetry ™. Copyright © 2015, NavigatorMD, Inc. Calculated as of 1/2021 Risk Index By Demographics 0-5 6-10 11-15 16-20 21+ Risk Index Range 0 300 600 900 1,200 # of Members$0 $10,000 $20,000 $30,000 Average PaidMember Count Average Total Paid Average Member Paid RISK INDEX AVERAGE AGE MEMBER COUNT % EMPLOYEE % MALE AVG MEMBER PAID PERCLAIMANT AVG TOTAL PAID PER CLAIMANT 0-5 30 1,295 40.93%62.63%$48.67 $463.05 6-10 36 831 43.92%52.59%$221.16 $1,602.50 11-15 46 1,061 58.06%53.53%$500.45 $4,419.26 16-20 55 1,261 69.55%53.45%$1,159.94 $11,565.79 21+61 260 76.15%60.00%$2,267.39 $35,640.04 Page 12 of 14 Paid: 1/1/2020 to 12/31/2020SAMPLE Episode Treatment Groups, third party software included in Design180 ™, is the proprietary and copyrighted intellectual property of Symmetry ™. Copyright © 2015, NavigatorMD, Inc. Calculated as of 1/2021 Risk Index Summary Risk Index, 1 year prior Risk Index Prospective Risk Index Actuarial Risk Index 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Average Risk IndexRISK TYPE BEGINNING DATE ENDING DATE AVERAGE RISK INDEX Risk Index, 1 year prior 1/29/2019 1/28/2020 11.5 Risk Index 1/29/2020 1/30/2021 10.7 Prospective Risk Index 1/31/2021 1/30/2022 11.8 Actuarial Risk Index 8/31/2021 7/30/2022 11.9 Risk Indexes range from 0 to 25 Page 13 of 14 Paid: 1/1/2020 to 12/31/2020SAMPLE Episode Treatment Groups, third party software included in Design180 ™, is the proprietary and copyrighted intellectual property of Symmetry ™. Copyright © 2015, NavigatorMD, Inc. Calculated as of 1/2021 Risk Index Ranges by Cost 21+ 16-20 11-15 6-10 0-5 Risk Index R...$0 $7,500,000 $15,000,000 Total Paid Member Paid Plan Paid 21+ 16-20 11-15 6-10 0-5 Risk Index R...$0 $12,500 $25,000 $37,500 Average Paid per Member Member Paid Plan Paid 21+ 16-20 11-15 6-10 0-5 Risk Index R...0 200 400 600 800 1,000 1,200 1,400 Number of Members RISKRANGE # OFMEMBERS AVERAGE TOTAL PAID PER MEMBER TOTAL PAID PLAN PAID MEMBER PAID % TOTAL PAIDTO TOTAL % MEMBERS OFALL MEMBERS 0-5 1,295 $463.05 $599,644.86 $536,614.70 $63,030.16 1.97%27.51% 6-10 831 $1,602.50 $1,331,675.26 $1,147,891.35 $183,783.91 4.37%17.65% 11-15 1,061 $4,419.26 $4,688,838.03 $4,157,864.48 $530,973.55 15.39%22.54% 16-20 1,261 $11,565.79 $14,584,460.14 $13,121,774.11 $1,462,686.03 47.86%26.78% 21+260 $35,640.04 $9,266,410.25 $8,676,890.05 $589,520.20 30.41%5.52% 4,708 $6,472.18 $30,471,028.54 $27,641,034.69 $2,829,993.85 Page 14 of 14 Paid: 1/1/2020 to 12/31/2020SAMPLE Episode Treatment Groups, third party software included in Design180 ™, is the proprietary and copyrighted intellectual property of Symmetry ™. Copyright © 2015, NavigatorMD, Inc. Exhibit D Sample Client Seminar/Webinar 1 Outbreak, Vaccine Update, and the Considerations of the American Rescue Plan on Public Sector Presented by: Kate Grangard, CFO/COO, Gehring Group Ben Conley, Partner, Seyfarth Shaw Ron Kramer, Partner, Seyfarth Shaw 1 1 Outbreak, Vaccine Update, and the Considerations of the American Rescue Plan on Public Sector Presented by: Kate Grangard, CFO/COO, Gehring Group Ben Conley, Partner, Seyfarth Shaw Ron Kramer, Partner, Seyfarth Shaw Agenda I. Employee Benefits •Expanded COBRA – Ben Conley •Dependent Care •Emergency Paid Sick Leave •Emergency Family Medical Leave II. Aid to Individuals III. Aid to Public Sector •State & Local Government •Transportation •Utilities •Education 2 • Reconciliation Act – 628 Pages • FEDERAL Minimum Wage provision of $15 removed• Passed with Majority on March 11, 2021 – Anniversary of Global Pandemic Declaration• $1.9 Trillion • Other Major COVID Bills: FFCRA ($192B), CARES Act ($2.2 Trillion), Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) 2021 ($900 Billion) American Rescue Plan Act (ARPA) 3 State & Local Gov’t Aid COVID‐19Aid Business AidIndividual Aid • CDC and OSHA Guidance on Vaccination • Workplace Vaccination Issues • Benefits Guidance on Testing & Vaccines • Outbreak Period Update • American Rescue Plan • Questions and Answers The Latest on COVID 5 CDC AND OSHA GUIDANCE ON VACCINATIONS • Updated March 8, 2021 • People are considered fully vaccinated for COVID-19 ≥2 weeks after they have received the second dose in a 2-dose series, or ≥2 weeks after they have received a single-dose vaccine. • Rationale – • Evidence suggests the vaccinated are less likely to be asymptomatic and less likely to be contagious• How long protection lasts and how much vaccines protect against COVID variants still under review. CDC Guidance on Vaccinations 12 34 56 2 Fully vaccinated people can: • Visit with other fully vaccinated people indoors without wearing masks or physical distancing • Visit with unvaccinated people from a single household who are at low risk for severe COVID-19 disease indoors without wearing masks or physical distancing • Refrain from quarantine and testing following a known exposure if asymptomatic CDC Guidance on Vaccinations Fully vaccinated people should continue to: • Take precautions in public like wearing a mask and physical distancing• Wear masks, practice physical distancing, and adhere to other prevention measures when visiting with unvaccinated people who are at increased risk for severe COVID disease or who have an unvaccinated household member who is at increased risk for severe COVID-19 disease• Wear masks, maintain physical distance, and practice other prevention measures when visiting with unvaccinated people from multiple households • Avoid medium- and large-sized in-person gatherings • Get tested if experiencing COVID-19 symptoms • Follow guidance issued by individual employers • Follow CDC and health department travel requirements and recommendations CDC Guidance on Vaccinations What the CDC Guidance means for work • Only employee reference is that vaccinated employees who were exposed to the virus need not quarantine, but testing through a workplace screening program is recommended. • CDC otherwise has not revised or amended its COVIDguidance for the workplace. CDC Guidance on Vaccinations •OSHA Guidance 1/29/21: • Make vaccine available at no cost to employees • Vaccinated workers must continue to follow protective measures, such as wearing face masks and social distancing, because at this time, there is no evidence that COVID-19 vaccines prevent transmission of the virus from person-to-person. • Employers should implement COVID-19 Prevention Programs. The most effective programs engage workers and their union or other representatives in the program's development, and include the following: conducting a hazard assessment; identifying a combination of measures that limit the spread of COVID-19; adopting measures to ensure that workers who are infected or potentially infected are separated and sent home; and implementing protections from retaliation for workers who raise COVID-19 related concerns. •Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace | Occupational Safety and Health Administration (osha.gov) OSHA Guidance on Vaccinations • Arrival of vaccines does not end the pandemic. • Employers should maintain COVID-19 mitigation protocols during distribution of the vaccine. • These policies may continue for a lengthy period as the vaccine is rolled out to different groups of workers and as employers work through accommodation requests. • Employers who have operated with, e.g., social distancing, masks, etc., should be able to continue (and may be able to use these procedures as ongoing accommodations for those employees who do not receive a vaccine). Continue Risk Mitigation Protocols 12 Workplace Vaccination Issues 78 910 11 12 3 • The EEOC has said all employers can require mandatory vaccines as long the employer: i. allows employees to receive the vaccine from a third party that does not have a contract with the employer, and ii. follows accommodation requirements under the ADA and Title VII. • A vaccine is not a medical exam and asking employees about whether or not they have been vaccinated is not a disability-related inquiry. • Note at least one federal court has arguably held to the contrary, holding that inquiring about whether an employee is immune to a disease is a disability-related inquiry. Employer Vaccination Rights • The EEOC identified two scenarios in which an employer can ask pre-screening questions without showing that they are job-related and consistent with business necessity: • Voluntary vaccinations: If an employer offers vaccination on a voluntary basis and the decision to answer the pre-screening questions is also voluntary. The employee can choose not to answer, and the only consequence will be that the employee will not receive the vaccine. • Mandatory vaccinations: If the employer mandates the COVID vaccine and an employee receives the vaccine from a third party pharmacy or other medical provider with whom the employer does not have a contract. Employer Vaccination Rights Employers must have an accommodation process disability or religious objections • Potential Accommodations • masks, testing, social distancing, working remotely, transfers • may be scenarios where accommodation is not possible considering job duties and workplaces • Undue hardship • consider prevalence of employees in workplace who have been vaccinated • consider amount of contact person requesting accommodation would have with those whose vaccination status is unknown • Documentation • documentation from medical provider on medical necessity to be excused from vaccine • documentation from employee/clergy related to objection to vaccine EEOC and Vaccinations • Mandating vaccinations generally considered a mandatory subject of bargaining for represented employees. • PHT of Miami-Dade County, Order Denying Petition, Case No. DS-2016-003 (FPERC 06/28/2016) • Several states considering bills prohibiting mandatory vaccinations • Employee morale issues • Employers generally using information campaigns and in some cases monetary incentives for be vaccinated. Employer Vaccination Rights • A method to track and verify a person’s COVID-related metrics. • Can be paper or electronic • Could be used to confirm contractors, business partners or even customers (e.g. air travel) are vaccinated or COVID-free • Could be used to assure constituents that your employees are vaccinated • Could be used to enforce a mandatory employee vaccination requirement, or to verify which employees have been vaccinated to the extent protocols change for vaccinated versus unvaccinated COVID Passports Issues • Purpose and Intent • Technology and Data Privacy • Equity and Accommodation Issues • Liability and Risk Issues COVID Passports 13 14 15 16 17 18 4 19 •Mandatory versus Voluntary –Pros and Cons of Mandatory Vaccines in the Workplace Pros ‐ 1. More people will be vaccinated –at least in theory 2. Increased morale for pro‐vaccineemployees 3. Tell clients and customers yourequirethe vaccine 4. Demonstrates reasonablecare Mandatory v. Permissive 20 •Mandatory versus Voluntary –Pros and Cons of Mandatory Vaccines in the Workplace Cons 1. Unlikely you will have 100% vaccinatedworkforce 2. Decreased morale for anti‐vaccine employees3. Increased risk of litigation 4. Administering accommodation process5. Potential workers compensation liability 6. Likely need to pay for time spent beingvaccinated and any attendant costs 7. EEOC blesses mandate, but will the states in lightof state law.8. Possible bargaining obligations 9. Need to discipline/terminate otherwise goodemployees who do not want to be vaccinated. Mandatory v. Permissive 21 •Key Questions 1. Will significantly more employees will bevaccinatedif you mandatethe vaccine? 2. Are there better ways to encouragevaccination? 3. Is it worth waiting for one or more of thevaccines to be fully approved by the FDA (asopposed to authorized under EUA status)before deciding abouta mandate? 4. Does it make sense to see what rules areestablished for partially vaccinatedworkplaces? Mandatory v. Permissive 22 Vaccination Issues – Benefits Concerns • Health plans must cover vaccines at no cost for all plan participants. • Includes associated costs (injection fee/administration charge) • During Public Health Emergency, plans must also cover non-network vaccinations with no cost-sharing (priced at reasonable amount based on prevailing market rates) • Mandate does not apply to retiree-only plans. (It does apply to retiree plans bundled with active plans) Vaccine Rules for Health Plan Participants • Voluntary vaccination program for non-health plan participants could create ACA issues (no issue for mandatory programs) • Solution: • Bundle with EAP or onsite clinic • Consider HIPAA privacy concerns (still considered subject to HIPAA privacy) Vaccine Rules for Non-Health Plan Participants 19 20 21 22 23 24 5 • ADA Wellness Rules only apply if incentive is limited to persons receiving vaccine through employer (directly or via onsite clinic). (Even if ADA wellness rules do not apply, reasonable accommodation required) • If ADA applies: • Vaccination must be “voluntary” •De minimis? • 30% of cost? • ADA notice requirement • Reasonable alternative Incentivizing Vaccines 26 Outbreak Period Update •What is it? • Due to COVID Outbreak, Agencies created “disregard” period, tolling the following deadlines occurring on or after March 1, 2020: • HIPAA Special Enrollment • COBRA Election Deadline • COBRA Payment Deadline • Claim, Appeal, External Review Filing Deadline (including health FSA claim submission deadline) •How Long is it? • Shorter of: • One Year • Declared Public Health Emergency + 60 days Outbreak Period - Refresher • Does the Outbreak Period apply to Public Sector Employers? • “CMS will . . . extend similar time frames otherwise applicable to non-Federal governmental group health plans, and their participants and beneficiaries• “CMS encourages (but will not require) sponsors of non-Federal governmental plans to provide relief to participants and beneficiaries”• “The relief provided by this Bulletin does not apply to health insurance issuers offering individual health insurance coverage.” Outbreak Period – Refresher • Disregard period applies on a person-by-person basis •Start date: Any election “permitted or required” on or after March 1, 2020 •End date: • Earlier of• One year after start or • Public Health Emergency + 60 days • Plans should “consider” sending a notice informing of the end of the extension • Notice should inform participants of other enrollment options Outbreak Period – New Guidance •Polly Pfizer terminates employment on January 29, 2020. Original COBRA election deadline would have been March 30, 2020. What is Polly’s new deadline •New Deadline: •March 30, 2021 •The Math:•Original deadline (March 30, 2020) + Earlier of (1 Year or Public Health Emergency + 60 days) •When is Polly’s coverage effective? •January 29, 2020 (but, consider impact of ARPA) Outbreak Period - Examples 25 26 27 28 29 30 6 •Molly Moderna’’s employer sponsors a health FSA with a run-out period deadline of March 31 following the year in which the expenses were incurred. Molly has 2019 healthcare expenses. What is her deadline to submit? •New Deadline:•March 31, 2021 •The Math: •Original deadline (March 31, 2020) + Earlier of (1 Year or Public Health Emergency + 60 days) Outbreak Period - Examples •Johnnie Johnson has a baby on June 1, 2021. Johnny doesn’t enroll his baby within 30 days, by July 1 (as required by plan). Assume Public Health Emergency expires on March 1, 2022. •New Deadline:•May 30, 2022 •The Math: •Original deadline + Earlier of (1 Year or Public Health Emergency + 60 days) Outbreak Period - Examples • Does the guidance require continued coverage (subject to retro term if non-payment) or termination of coverage (subject to retro reinstatement if election/payment made) • Answer may depend on vendor administrative capabilities. • Guidance does not directly bind insurance carriers Outbreak Period – Unanswered Questions 34 American Rescue Plan Act – COBRA Subsidy •What is it?• 100% government subsidy of cost of COBRA (102% of actuarial value of coverage)• Covers period from April 1, 2021 – September 30, 2021 •What type of coverage is eligible for subsidy? • Definitely medical• Definitely not health FSA• In 2009, the subsidy also extended to dental & vision – unclear if it will under American Rescue Plan COBRA Subsidy – Your Questions Answered •Who is Eligible?•Timeframe: Any person still within 18-month COBRA window at any point between April 1, 2021 and September 30, 2021 • Potentially includes anyone experiencing qualifying event retro to October 2019. •Scope of Qualifying Event: Only includes employees losing coverage due to involuntary termination (including loss of coverage due to involuntary reduction in hours) + dependents covered at time coverage was lost •Offer of Other Coverage Cuts off Eligibility: Person who have an open, active offer between April 1 and September 30 lose eligibility for subsidy COBRA Subsidy – Your Questions Answered 31 32 33 34 35 36 7 •What are the Notice Obligations? • Plan administrator (employer or its delegate) is required to send:1. Notice of enrollment right • New 60 day election window. Extends election right to persons:• Whose COBRA election window lapsed or • Who previously had coverage but coverage ceased due to nonpayment of premium• Coverage would be prospective2. Notice when subsidy will terminate (between 45 and 15 days prior to term)• Plan administrator may send:• Notice of special 90 day election window• Participants may switch to any other coverage option, excluding: • Coverage that is more expensive• QSEHRA or Excepted Benefit (e.g., dental or vision)• Government will issue model notices no later than March 11 COBRA Subsidy – Your Questions Answered •Where does the Subsidy Come From? • Plan does not collect COBRA premium.• Plan can then claim advanced payroll tax credit equal to the full amount of the subsidy. •Who Can Claim the Credit? • Fully-insured plans: • Carrier claims the credit• Self-insured plans: • Employer claims the credit COBRA Subsidy – Your Questions Answered •Do Public Sector Employers Qualify? •Yes •How Do (Self-Funded) Public Sector Employers Claim the Tax Credit? • To be determined • In 2009, credit was claimed on Form 941 •Does the COBRA premium subsidy provision apply to employers in Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands?• Unclear, but in 2009, yes COBRA Subsidy – Your Questions Answered •What About the Outbreak Period? • Unclear how the two laws will interact. • Will 60 day election window extend to the earlier of 1 year later or end of PHE + 60 days? • Will participants be given the option of either electing retro coverage (at their cost) or prospective coverage (subsidized)? • Can notices be combined? COBRA Subsidy – Your Questions Answered 41 American Rescue Plan Act – Dependent Care Tax Exclusion Increase • Typical DCAP Limits: • $5,000 (married filing jointly)• $2,500 (single, married filing separately) • 2021 DCAP Limits under ARPA: • $10,500 (married filing jointly)• $5,250 (single, married filing separately) • Plan must be amended by end of 2021 • But….Beware the Ides of March• Employers that typically fail dependent care FSA testing may just fail by more Dependent Care Exclusion More than Doubled 37 38 39 40 41 42 8 • Extends from March 31, 2021 expiration to September 30, 2021 – •EMPLOYER OPT IN IS OPTIONAL • Increase amount of max Employee Wages on which Employer can claim a credit - $12k/Employee (from 10k)• Increases credit by Employer share of social security & medicare taxes (7.65%) • Refundable against Medicare portion of tax due only eff 4/1• EFML can now be claimed for all reasons previously under EPSL PLUS to receive vaccine or recover from vaccine • Contiguous 12 weeks – not replenished, only extended Employee Benefits: EFML 43 Staff = 11.2 Years • Extends from March 31, 2021 expiration to September 30, 2021 – •EMPLOYER OPT IN IS OPTIONAL • Max credit for PSL still capped at $511/day for EE own diagnosis, isolation, or quarantine; $200 take care of other• Increases credit by Employer share of social security & medicare taxes (7.65%) • Refundable against Medicare portion of tax due only eff 4/1• Gross up for health plan expenses – not part of cap•Two weeks EPSL resets – April 1, 2021 •BOTH LEAVES – CANNOT DISCRIMINATE Employee Benefits: EPSL 44 Staff = 11.2 Years Q&A 45 QUESTIONS ON: COBRA, DEPENDENT CARE, EFM L, EPSL? The American Rescue Plan 46 KG1 Aid to Businesses, Public Health, Safety Net 47 Employee RetentionCredit Employee Retention Credit PPP $350 B Restaurant Revitalization Fund $3.6B SBA Loan Funding & Relief$17B Small Business Emergency Grants $10B Airlines$58B Hospitals $100B Community Health Ctrs$1.32B Drug Access: Vaccines$11B Veterans Health $20B National Stockpile $16B Child Nutrition‐Schools $8.8B SNAP $15.5B Food Banks $450M 48 Aid to Individuals: Summary 48 Staff = 11.2 Years 43 44 45 46 47 48 9 49 Aid to Individuals: Stimulus Payments •Individual Stimulus Checks•$1400 Individual •$2800 Married Filing Joint •$1400 Per Dependent •Eligibility: •Single: Full Amount ‐ Income to $75,000; phases out $80K •Married: Full Amount ‐ Income to $150,000; phases out $160K •AGI – 2019 or 2020 if filed •EFT or check: Get my payment tool•https://www.irs.gov/coronavirus/get‐my‐payment •https://www.irs.gov/newsroom/recovery‐rebate‐credit 49 • Eligibility: Full Amount 2021 2020 credit: $2000 per child<17yo • Phase-out above 200k Single or Head of Household • Phase out above 400k Married Filing Joint • Child Tax Credit Expansion - 2021 • $3600 Child Under Age 6 • $3000 Child Age 6-17 • Payable in advance vs Tax Refund: ½ required up front by IRS – est July • Eligibility: Full Amount 2021 • Single - Income to $75,000 • Head of Household – Income to $112,500 • Married: Full Amount - Income to $150,000; phases out $160K•Calculator Tool: https://www.kiplinger.com/taxes/602334/2021‐child‐tax‐credit‐calculator Aid to Individuals: Child Credit 50 • Continues additional Federal Benefit • $300 per week• March 14 – September 6, 2021 •2020 up to $10,200 Unemployment Income Tax Free •$150,000 Phase‐out Household Income•Non‐stacked •Filed 2020 return – don’t amend until IRS issues guidance Aid to Individuals: Unemployment 51 • 100% subsidy below 133% FPL • 100% subsidy –Unemployment income in 2021 • 8.5% max based on household income regardless of income amount Aid to Individuals: Marketplace Subsidies 52 Household income(expressed as a percent of the FPL) The American Rescue Plan’s initial premium percentage is— Current law’s initial premium percentage is— The American Rescue Plan’s final premium percentage is— Current law’s final premium percentage is— Up to 133%‐‐ 2.0% ‐‐ 2.0% 133% up to 150% ‐‐ 3.0% ‐‐ 4.0% Up to 150%0.0% ‐‐ 0.0% ‐‐ 150% up to 200% 0.0% 4.0% 2.0% 6.3% 200% up to 250% 2.0% 6.3% 4.0% 8.05% 250% up to 300%4.0% 8.05% 6.0% 9.5% 300% up to 400%6.0% 9.5% 8.5% 9.5% 400% and higher 8.5% N/A 8.5% N/A Aid to Government: Summary 53 Employee RetentionCredit States & DC $195.3B (25.5B equally & 169B based on Unemployed) Metro Cities >50k Population $44.7B(Modified CDBG formula) Cities <50k Population $19.53B (through state with cap 75% budget) Counties $65.1B (Population) Territories $4.5B Tribal Governments $20B 54 Aid to Government: State & Local 54 Staff = 11.2 Years 49 50 51 52 53 54 10 Eligible Use of Funds (page 603) 1. COVID‐19 response or negative economic impacts of it (assistance to households, small businesses, nonprofits, aid to impacted industries)2. Provide premium pay to essential employees or grants to their employers. Premium pay couldn’t exceed $13 per hour or $25,000 per worker.3. For the provision of government services to the extent of the reduction in revenue from COVID‐194. Investments in water, sewer or broadband infrastructure Also: (Can transfer to private nonprofit organization, public benefit corporation involved in the transport of passengers/cargo, special purpose units of SLG (page 604)) Aid to Government: State & Local 55 56 Aid to Government: State & Local Disallowed Use of Funds•Cannot spend on pensions. (page 604)•Cannot offset revenue resulting from tax cut enacted since 3/3/2021 Establishes 10B for a Coronavirus Capital Projects Fund (Page 607) Certifications made by governments directly to Treasury are not very specific at all, just that the jurisdiction will use the funds on eligible expenditures. (page 586)Incentive for Non‐Medicaid Expansion States to Expand Medicaid – 90% 56 Additional Assistance 57 Emergency Rental Assistance ‐$21.5B to Dept of Treas for emergency assistance grants through 09/2027 ‐18.36B to treasury to SLG & Territories for rental & util assistance ‐9.96B to states, territories & tribes for homeowners ‐ mortgage, prop taxes, insurance, util for homeowners Also, $10B to HUD for homeless assistance & emergency housing Transportation & Infrastructure ‐$50B to FEMA – Vaccine efforts/assistance, PPE for public sector; disinfect schools & public facilities ‐$3B Economic Development Administration ‐$30B Transit: Oper costs incl PPE & PR Airports: $8B incl $800 M for concessionaires $3B for Aerospace manuf ‐ Low‐Income Water & Energy Assistance ‐$4.5B to HHS for Low‐ income energy assistance program ‐$500M to HHS for financial assistance for consumers financially affected by COVID for payments for water & wastewater 58 Aid to Schools Background•ACRONYMS: institutions of higher education (IHEs); the Elementary and Secondary School Emergency Relief (ESSER) Fund, the Emergency Assistance to Non‐Public Schools (EANS) program, and the Higher Education Emergency Relief Fund (HEERF)•CARES Act allowed HEERF and ESSER authorization under the Education Stabilization Fund (ESF) – recertified under CRRSAA •EANS program authorized under Governors Emergency Education Relief Fund (GEER) authorized by CRRSAAEducation Stabilization Fund 58 Aid to Schools: Elementary & Secondary 59 Aid to Schools: Elementary & Secondary 60 55 56 57 58 59 60 11 Aid to Schools: Non-Public Schools 61 62 Aid to Schools: Higher Education 62 Aid to Schools: Higher Education 63 Other Relief for Higher Education Students•Temporary student loan relief – payments deferred through Sept 30th •Work Study Funds – unused funds can be turned into grants and continue to be aid when school suspended•Student loan debt forgiven between 1/1/21 and 12/31/25 will be tax free •$1.25B Shuttered venue operations – (SBA) – movie theaters, museums, performance venues of live events Other Education Related & Other 64 Summit Sign-Ups Open! 65 Additional Resources 66 American Rescue Plan Act (ARPA) texthttps://rules.house.gov/sites/democrats.rules.house.gov/files/BILLS‐117HR1319EAS.pdfARP Title‐By‐Title Summary [LINK]ARP Summary of Modifications to the House Bill [LINK] Joint Committee on Taxation staff revenue estimateshttps://www.jct.gov/CMSPages/GetFile.aspx?guid=52961732‐5521‐49ea‐8443‐59a539b71b62 Congressional Research Memo dated 03/09/2020 – Revised Estimate 2021 Grants to States and Institutions of Higher Education under the Education Stabilization Fundhttps://gfoaorg.cdn.prismic.io/gfoaorg/54dda435‐e60e‐47dc‐94d7‐ef72c8222f3e_Revised+CD+memo_ESSER_EANS_HEERF_Senate+passed+sub+to+HR1319_3‐9‐21.pdf 61 62 63 64 65 66 12 Additional Resources 67 State and Local Fiscal Relief [LINK]Enhanced Federal Unemployment Insurance [LINK]Expanded Earned Income Tax Credit and Child Tax Credit [LINK]Additional Round of Direct Payments [LINK]Education Relief Funding [LINK]Emergency Rental Assistance [LINK]FEMA Disaster Relief Fund Estimates [LINK]Child Care and CCDBG [LINK]Head Start [LINK]Transit Relief for Urbanized Areas [LINK]Rural Transit [LINK]Paratransit [LINK]Enhanced and Expanded ACA subsidies [LINK] [LINK]Extension of ACA Premium Subsidies to UI Recipients [LINK]Incentives for Non‐Expansion States to Expand Medicaid [LINK to Increased FMAP] [LINK to Increased Coverage] (Hover over Blue Link, Hold Ctrl button, and Click on LINK to access) Q&A 68 QUESTIONS??? … There’s More Guidance Coming! Thank you 69 “For…..Sticking Your Neck Out” 67 68 69 Exhibit E Sample Employee Benefit Newsletters This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. April 7, 2021 COMPLIANCE UPDATE COBRA Subsidy Provisions of the American Rescue Plan Act The American Rescue Plan Act (ARPA), signed into law March 11, 2021, provides a 100% subsidy of premiums for employer-sponsored group health insurance continued under the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) and similar state continuation of coverage (mini-COBRA) programs. Important links to model notices issued today are included within this compliance update. ARPA subsidies cover the full cost of COBRA or mini-COBRA premiums from April 1, 2021, through Sept. 30, 2021, for employees (and their qualifying family members), if the employee lost or loses group health insurance due to an involuntary job loss or reduction in work hours. The subsidy applies to people who are still within their original COBRA or mini-COBRA coverage period, for the length of that coverage period, even if they declined or dropped COBRA or mini-COBRA coverage earlier. The subsidy does not apply to: • Individuals whose job loss was voluntary or the result of gross misconduct; or • Individuals who are eligible for another group health plan or Medicare. The subsidies are funded through a payroll tax credit. Employers are required to provide new notices about the subsidy to employees. The U.S. Department of Labor (DOL) will issue model notices for this purpose. Employers should familiarize themselves with the provisions of the ARPA and watch for agency guidance on its implementation. Eligible Individuals The subsidy is generally available to people who elected COBRA, become eligible for COBRA, or declined or discontinued COBRA and are still within their original COBRA coverage period. Funding The subsidy is funded by a refundable, advanceable credit against payroll taxes taken by employers or carriers. Option to Switch Coverage The ARPA allows covered individuals to switch to similarly priced health coverage, if the employer allows it. April 1, 2021 ARPA 100% subsidy begins to cover COBRA premiums. Sept. 30, 2021 ARPA subsidy provision for COBRA premiums expires. Provided to you by Gehring Group Highlights Important Dates Action Steps COBRA Subsidy Provisions of the American Rescue Plan Act 2 Overview COBRA requires group health plans to allow covered employees and their dependents to continue their group health plan coverage when it would be lost due to specific events, such as a termination of employment or reduction in working hours. Individuals are usually allowed to continue their COBRA coverage for 18 months, although some similar state mini-COBRA laws mandate a longer coverage period. Under COBRA, group health plans may require those covered to pay 102% of the premium for their continuing health insurance, leading many eligible individuals to decline coverage. The ARPA subsidy covers the full cost of COBRA or mini- COBRA premiums from April 1 - Sept. 30, 2021, for “assistance-eligible individuals.” Covered Plans The COBRA subsidy in the ARPA applies to group health plans subject to federal COBRA or to a state mini-COBRA program. Plans subject to federal COBRA are plans maintained by employers with 20 or more employees on more than 50% of the business days in the previous calendar year. Small-employer plans, small governmental plans and church plans are not subject to federal COBRA, but may be subject to a state mini-COBRA law and therefore be covered by the ARPA’s COBRA subsidy provisions. Health flexible spending arrangements under Section 125 cafeteria plans are not covered by the ARPA COBRA subsidy. Eligible Individuals Individuals are eligible for the COBRA subsidy if they: • Are a qualified beneficiary of the group health plan; and • Are eligible for COBRA or mini-COBRA continuation coverage because of the covered employee’s involuntary termination (unrelated to gross misconduct) or reduction in hours of employment. The subsidy is not available for people who voluntarily left their job. It is also unavailable for people who are eligible for Medicare or another group health plan, not including:  A plan covering only excepted benefits;  A qualified small employer health reimbursement arrangement; or  A flexible spending arrangement. Furthermore, individuals receiving a COBRA subsidy who become eligible for a group health plan or Medicare must inform the health plan for which they are receiving the subsidy of that fact, or face a penalty. The premium subsidy is not counted as gross income. Extended Election Period The ARPA allows individuals to elect subsidized COBRA if they: • Become eligible for COBRA or mini-COBRA due to involuntary job termination (not caused by gross misconduct) or reduction in hours between April 1 and Sept. 30, 2021; • Previously declined COBRA or mini-COBRA after becoming eligible due to involuntary job termination (not caused by gross misconduct) or reduction in hours, but would still be within their COBRA or mini-COBRA coverage period had they elected the coverage at that point; or • Previously elected COBRA or mini-COBRA but discontinued the coverage before April 1, 2021. COBRA Subsidy Provisions of the American Rescue Plan Act 3 The election period for subsidized COBRA under ARPA begins on April 1, 2021, and runs until 60 days after the date individuals receive notice from the health plan of the availability of the COBRA subsidy. Duration of Coverage COBRA and mini-COBRA coverage under the ARPA election extension starts with the first period of coverage beginning on or after April 1, 2021, and continues through the end of the individual’s COBRA or mini-COBRA coverage period. The individual’s COBRA or mini-COBRA coverage period is the period that would have applied had the individual elected the continuation coverage when first eligible following the initial qualifying event. For individuals who previously elected COBRA or mini-COBRA, discontinued it, and are now using the ARPA extended election period to obtain COBRA, the COBRA coverage period is calculated as if they had not dropped the coverage. Switching Coverage The ARPA contains a provision that—at the employer’s option—allows individuals eligible for the COBRA subsidy and enrolled in the employer’s group health plan to change to different health coverage also offered by the employer. The new coverage cannot have a higher premium than the individual’s previous coverage, and it must be offered to similarly situated active employees. The option does not apply to plans that provide only excepted benefits, to qualified small employer health reimbursement arrangements or to health flexible spending arrangements. The change must be elected within 90 days of the employee receiving notice of the option. Notice Requirements The ARPA imposes new COBRA notice requirements on health plans. General Notice Plan administrators must provide notification of COBRA benefits under ARPA. The notice must be written in clear and understandable language, and it must inform recipients of the availability of ARPA premium assistance and the option under the ARPA to enroll in different coverage (if the employer permits the option). The notice must be provided to individuals who become eligible for COBRA or mini-COBRA during the period of April 1 - Sept. 30, 2021. In addition, it must be provided by May 31, 2021, to people who have already elected COBRA coverage, and to people subject to the ARPA election extension—that is, people eligible for the subsidy who declined or discontinued COBRA or mini-COBRA before April 1, 2021. The notification may be included in an amendment to a plan’s existing notices or be given in a separate notice, but it must contain the following information: 1. The forms necessary for establishing eligibility for premium assistance 2. The name, address and telephone number necessary to contact the plan administrator and any other person maintaining relevant information in connection with premium assistance 3. A description of the extended election period under the ARPA 4. A description of the obligation of qualified beneficiaries to notify the plan if they become eligible for another group health plan or Medicare, and the penalty for failure to do so COBRA Subsidy Provisions of the American Rescue Plan Act 4 5. A prominently displayed description of the right to a subsidized premium and any conditions on entitlement to the subsidized premium 6. A description of the option of the right to enroll in different coverage (if the employer permits this option) Today, the DOL issued the following FAQ’s and model general notice for plans to use to meet the general notice requirement: • FAQs about COBRA premium assistance under the American Rescue Plan Act: https://www.dol.gov/sites/dolgov/files/EBSA/about-ebsa/our-activities/resource-center/faqs/cobra-premium- assistance-under-arp.pdf [dol.gov] • Model General Notice and COBRA Continuation Coverage Election Notice: MS Word [dol.gov] | PDF [dol.gov] • Model Notice in Connection with Extended Election Period: MS Word [dol.gov] | PDF [dol.gov] • Model Alternative Notice: MS Word [dol.gov] | PDF [dol.gov] Notice of Expiration of Subsidy Plans must also provide individuals eligible for the ARPA subsidy with notice of its expiration. The notice must be written in clear and understandable language, and inform recipients that: • The premium assistance will expire soon, prominently identifying the expiration date; and • The individual may be eligible for coverage without premium assistance through COBRA continuation or a group health plan. Plans are not required to issue an expiration notice to individuals whose subsidy is expiring because they became eligible for other group health plan coverage or Medicare. The notice must be provided during the 45 - 15-day period before the individual’s subsidy expires. The DOL has issued the following model expiration notices today: • Model Notice of Expiration of Premium Assistance: MS Word [dol.gov] | PDF [dol.gov] • Summary of COBRA Premium Assistance Provisions under the American Rescue Plan Act of 2021: MS Word [dol.gov] | PDF [dol.gov] Tax Credit The ARPA COBRA subsidy is funded through a tax credit to employers whose plans are subject to federal COBRA or are self-insured, to the plan for multiemployer plans, and to the insurer for other plans. The credit is taken against payroll taxes. It can be advanced (according to forms and instructions to be provided by federal agencies) and is fully refundable. The credits will be provided each quarter in an amount equal to the premiums not paid by assistance-eligible individuals. This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. March 31, 2021 COMPLIANCE UPDATE Face Masks and Other PPE Treated as Deductible Medical Expenses, allowing these Purchases to be Paid or Reimbursed from FSA, HRA, and HSA Accounts The Internal Revenue Service has issued Announcement 2021-7, clarifying that amounts paid for certain personal protective equipment (PPE)—such as masks, hand sanitizer and sanitizing wipes—used for the primary purpose of preventing the spread of coronavirus (COVID-19) are deductible medical expenses. Therefore, amounts paid for COVID-19 PPE that are not compensated for by insurance or otherwise are deductible, provided that the taxpayer’s total medical expenses exceed 7.5% of adjusted gross income. Tax-favored Accounts Amounts paid for COVID-19 PPE are also eligible to be paid or reimbursed under: • Health flexible spending arrangements (FSAs); • Archer medical savings accounts (Archer MSAs); • Health reimbursement arrangements (HRAs); or • Health savings accounts (HSAs). However, if an amount is paid or reimbursed under any of the above accounts, or any other health plan, it will not be considered a deductible medical expense. Plan Amendments Group health plans (including health FSAs and HRAs) may be amended pursuant to the announcement to provide for reimbursements of expenses COVID-19 PPE incurred for any period beginning on or after Jan. 1, 2020, if certain requirements are satisfied. Group health plans can be amended to provide for reimbursements of COVID-19 PPE expenses pursuant to the announcement if:  The amendment is adopted by the last day of the first calendar year following the plan year in which it is effective;  The plan is operated consistently with the amendment terms until the amendment is adopted; and  No amendment with retroactive effect is adopted after Dec. 31, 2022. Health FSAs, Archer MSAs, HRAs and HSAs can reimburse COVID- 19 PPE expenses incurred for any period beginning on or after Jan. 1, 2020. Provided to you by Gehring Group Plan Amendment Requirements This Gehring Group Compliance Bulletin is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. March 10, 2021 COMPLIANCE UPDATE Proposed Rules on Wellness Program Incentives Withdrawn On Feb. 12, 2021, the Equal Employment Opportunity Commission (EEOC) withdrew two proposed rules it previously issued in January 2021, on wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). Overview of the Proposed Rules These proposed rules were issued in response to a federal court decision that vacated a portion of EEOC regulations describing the incentives that an employer could offer: • Under the ADA as part of wellness programs that ask about employees’ health and/or ask them to undergo medical examinations; or • Under GINA to an employee whose spouse provides information about the spouse’s manifestation of disease or disorder as part of a wellness program. The proposed rules would have generally allowed only de minimis incentives to be offered for wellness program participation. Exceptions allowing larger incentives would have applied to health-contingent wellness programs that are part of, or qualify as, group health plans under the ADA rules. Withdrawal These proposed rules were withdrawn because they were not published by Jan. 20, 2021, the time of President Joe Biden’s inauguration. Upon inauguration, the president issued a memorandum requiring all agencies to immediately withdraw any proposed rules that had not yet been published. As a result, the next steps for these proposed rules are currently under consideration by the EEOC. This means that significant confusion remains for employers regarding what incentives, if any, they may offer employees. Gehring Group will host a webinar in coordination with Seyfarth once new guidance is issued by the current administration. • The EEOC removed the incentive limits from prior final rules, effective Jan. 1, 2019, due to a court ruling that invalidated the limits. • The proposed rules would have established a de minimis incentive limit to be offered for wellness program participation. • The next steps for these proposed rules are currently under consideration. These rules were withdrawn due to a Jan. 20, 2021, White House memorandum requiring all unpublished proposed rules to be withdrawn. Provided to you by Gehring Group Highlights This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. March 2, 2021 COMPLIANCE UPDATE DOL Guidance on COVID-19 Relief for Employee Benefit Plans On Feb. 26, 2021, the Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued Disaster Relief Notice 2021-01 to provide guidance on the duration of the COVID-19-related relief regarding certain employee benefit plan deadlines during the Outbreak Period. The relief requires employers to disregard the Outbreak Period when enforcing certain employee benefit plan deadlines and gives plan sponsors additional time to distribute plan notices and disclosures. Under federal law, this period cannot exceed one year. Because the Outbreak Period began on March 1, 2020, the relief was expected to expire on Feb. 28, 2021. However, this guidance allows the relief to extend beyond this date in some situations. Application of the One-year Limit The DOL Notice interprets the one-year limit on the relief related to the Outbreak Period to begin on the date the action would otherwise have been required in a given situation. Specifically, individuals and plans will have the applicable periods disregarded until the earlier of: • One year from the date they were first eligible for relief; or • 60 days after the announced end of the National Emergency (the end of the Outbreak Period). On the applicable date, the time frames for individuals and plans with periods that were previously disregarded will resume. In no case will a disregarded period exceed one year. Examples The Notice provides the following examples to illustrate EBSA’s guidance on the duration of the relief: • If a qualified beneficiary would have been required to make a COBRA election by March 1, 2020, that requirement is delayed until Feb. 28, 2021. This date is the earlier of one year from March 1, 2020, or the end of the Outbreak Period (which remains ongoing). • If a qualified beneficiary would have been required to make a COBRA election by March 1, 2021, that election requirement is delayed until the earlier of one year from that date (that is, March 1, 2022) or the end of the Outbreak Period. • Began on March 1, 2020. • Continues until 60 days after the announced end of the COVID-19 National Emergency (or other date announced in a future notification). • By law, cannot exceed one year. • Separate from the public health emergency declared by the Department of Health and Human Services, which expires after 90 days unless an extension is issued. The most recent extension lasts through April 20, 2021. Plan administrators should continue to make reasonable accommodations to prevent the loss of or delay in payment of benefits. Outbreak Period Provided to you by Gehring Group DOL Guidance on COVID-19 Relief for Employee Benefit Plans 2 March 2, 2021 COMPLIANCE UPDATE • If a plan would have been required to furnish a notice or disclosure by March 1, 2020, the relief would end with respect to that notice or disclosure on Feb. 28, 2021. The responsible plan fiduciary would be required to ensure that the notice or disclosure was furnished on or before March 1, 2021. In all of these examples, the delay for actions required or permitted that is provided by the Notices does not exceed one year. Reasonable Accommodations The DOL recognizes that plan participants and beneficiaries may continue to encounter problems when the relief described above is no longer available, due to the one-year limit. Accordingly, plan fiduciaries should make reasonable accommodations to prevent the loss of or undue delay in payment of benefits in these cases and should take steps to minimize the possibility of individuals losing benefits because of a failure to comply with pre-established time frames. • The administrator or other fiduciary should consider affirmatively sending a notice regarding the end of the relief period when individuals are at risk of losing coverage. • Plan disclosures issued prior to or during the pandemic may need to be reissued or amended if those disclosures failed to provide accurate information regarding the time in which participants and beneficiaries were required to take action (for example, COBRA election notices and claims procedure notices). • In the case of ERISA group health plans, plans should consider ways to ensure that participants and beneficiaries who are losing coverage under their group health plans are made aware of other coverage options that may be available to them, including the opportunity to obtain coverage through the Exchange in their state. The DOL also acknowledges that full and timely compliance with ERISA’s disclosure and claims processing requirements by plans and service providers may not always be possible. In the case of fiduciaries that have acted in good faith and with reasonable diligence under the circumstances, the DOL’s approach to enforcement will be marked by an emphasis on compliance assistance, and includes grace periods and other relief. This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. October 29, 2020 COMPLIANCE UPDATE Health FSA Limit will Remain the Same for 2021 The Affordable Care Act (ACA) imposes a dollar limit on employees’ salary reduction contributions to health flexible spending accounts (FSAs) offered under cafeteria plans. This dollar limit is indexed for cost-of-living adjustments and may be increased each year. On Oct. 27, 2020, the IRS released Revenue Procedure 2020-45 (Rev. Proc. 20-45), which announced that the health FSA dollar limit on employee salary reduction contributions will remain at $2,750 for taxable years beginning in 2021. It also includes annual inflation-adjusted numbers for 2021 for a number of other tax provisions. Employers should ensure that their health FSAs will not allow employees to make pre-tax contributions in excess of $2,750 for the 2021 plan year, and communicate the 2021 limit to their employees as part of the open enrollment process. Employer Limits An employer may continue to impose its own dollar limit on employees’ salary reduction contributions to health FSAs, as long as the employer’s limit does not exceed the ACA’s maximum limit in effect for the plan year. For example, an employer may decide to limit employee health FSA contributions for the 2021 plan year to $2,500. Per Employee Limit The health FSA limit applies on an employee-by-employee basis. Each employee may only elect up to $2,750 in salary reductions in 2021, regardless of whether he or she also has family members who benefit from the funds in that FSA. However, each family member who is eligible to participate in his or her own health FSA will have a separate limit. For example, a husband and wife who have their own health FSAs can both make salary reductions of up to $2,750 per year, subject to any lower employer limits. • The IRS announced that the health FSA dollar limit will remain at $2,750 for 2021. • Employers may continue to impose their own dollar limit on employee salary reduction contributions to health FSAs, up to the ACA’s maximum. • Employers should communicate their 2021 limit to their employees as part of the open enrollment process. The health FSA dollar limit on employee salary reduction contributions will remain at $2,750 for taxable years beginning in 2021. Highlights October 23, 2020 COMPLIANCE UPDATE Final Forms and Instructions for 2020 ACA Reporting Released The Internal Revenue Service (IRS) released final 2020 forms and instructions for reporting under Internal Revenue Code (Code) Sections 6055 and 6056. • 2020 Form 1094-B and Form 1095-B (and related instructions) will be used by providers of minimum essential coverage (MEC), including self-insured plan sponsors that are not ALEs, to report under Section 6055. • 2020 Form 1094-C and Form 1095-C (and related instructions) will be used by applicable large employers (ALEs) to report under Section 6056, as well as for combined Section 6055 and 6056 reporting by ALEs who sponsor self- insured plans. These forms and instructions include a number of changes and clarifications related to 2020 reporting. • The deadline for furnishing statements to individuals under Sections 6055 and 6056 has been extended to March 2, 2021. • Relief from penalties for reporting incorrect or incomplete information, and providing individual statements under Section 6055 only upon request, has been extended to 2020 reporting. • The “Plan Start Month” box is now required for 2020 reporting. Changes were also made to Forms 1095-B and 1095-C related to offers of individual coverage health reimbursement arrangements (ICHRAs). Employers should become familiar with these forms and instructions for reporting for the 2020 calendar year. Individual statements must be furnished by March 2, 2021, and IRS returns must be filed by Feb. 28, 2021 (March 31, 2021, if filed electronically). • Final forms and instructions for 2020 reporting under Sections 6055 and 6056 are now available. • The “Plan Start Month” box on the Form 1095-C is now required for 2020 reporting. • Form 1095-C includes additional codes in Code Series 1 related to ICHRAs. • Form 1095-B includes letter G for use on line 8, Origin of the Health Coverage, to indicate coverage under an ICHRA. Feb. 28, 2021 IRS returns for 2020 must be filed by Feb. 28, 2021 (March 31, 2021, if filed electronically). March 2, 2021 The deadline for furnishing individual statements for 2020 was extended to March 2, 2021. Highlights Action Steps Important Dates Final Forms and Instructions for 2020 ACA Reporting Released This Gehring Group Compliance Bulletin is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. 2 Background The Affordable Care Act (ACA) created reporting requirements under Code Sections 6055 and 6056. Under these rules, certain employers must provide information to the IRS about the health plan coverage they offer (or do not offer) or provide to their employees. Each reporting entity must annually file all of the following with the IRS: • A separate statement (Form 1095-B or Form 1095-C) for each individual who is provided with minimum essential coverage (for providers reporting under Section 6055), or for each full-time employee (for ALEs reporting under Section 6056); and • A transmittal form (Form 1094-B or Form 1094-C) for all of the returns filed for a given calendar year. Reporting entities must also furnish related statements (Form 1095-B or 1095-C) to individuals, subject to the relief for furnishing individual statements under Section 6055 described below. Forms must generally be filed with the IRS no later than Feb. 28 (March 31, if filed electronically) of the year following the calendar year to which the return relates. Individual statements must generally be furnished to individuals on or before Jan. 31 of the year immediately following the calendar year to which the statements relate. 2020 Forms and Instructions The 2020 instructions include a number of changes and clarifications related to 2020 reporting. • Extension of due date for furnishing statements. The due date for furnishing Forms 1095-B and 1095-C to individuals has been extended from Jan. 31, 2021, to March 2, 2021. • Relief for failure to furnish statements. The IRS has extended relief from penalties for failure to furnish individual statements under Section 6055 for 2020 calendar year reporting. Specifically, the IRS will not impose a penalty for reporting entities that furnish Form 1095-B to individuals only upon request, if certain conditions are met. • Extension of good faith relief for reporting and furnishing. The IRS has extended good faith relief from penalties related to 2020 calendar year reporting. Specifically, the IRS will not impose a penalty for reporting incorrect or incomplete information on the Forms 1095-B or 1095-C, as applicable, if the reporting entity makes a good faith effort to comply with the information reporting requirements. • Individual coverage health reimbursement arrangement (ICHRA). For plan years beginning on or after Jan. 1, 2020, employers may offer HRAs integrated with individual health insurance coverage or Medicare, subject to certain conditions (ICHRAs). o Section 6055: Generally, an HRA, including an ICHRA, is a self-insured group health plan and, therefore, is an eligible employer-sponsored plan. A new code G must be entered on Form 1095-B, line 8 “Origin of Health Coverage,” to identify an ICHRA. o Section 6056: On Sept. 30, 2019, the IRS issued proposed regulations clarifying the application of the employer shared responsibility (pay or play) rules to ICHRAs and providing proposed safe harbors for the application of those provisions to ICHRAs. Form 1095-C has been modified to add new codes in Code Series 1 for reporting offers of ICHRAs and new lines for reporting required information. • Plan start month. The “Plan Start Month” box is now required for the 2020 Form 1095-C. This section has previously been optional for each prior year of reporting. Final Forms and Instructions for 2020 ACA Reporting Released This Gehring Group Compliance Bulletin is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. 3 Specific Changes Related to ICHRAs Certain additions were also made to the 2020 Forms 1095-B and 1095-C related to ICHRAs. Specifically, Form 1095-B includes an additional letter for line 8 to identify the origin of the health coverage. Letter G indicates coverage under an ICHRA. In addition, the Form 1095-C includes the following additional codes in Code Series 1: • 1L. ICHRA offered to employee only with affordability determined by using employee’s primary residence location zip code. • 1M. ICHRA offered to employee and dependent(s) (not spouse) with affordability determined by using employee’s primary residence location zip code. • 1N. ICHRA offered to employee, spouse and dependent(s) with affordability determined by using employee’s primary residence location zip code. • 1O. ICHRA offered to employee only using the employee’s primary employment site zip code affordability safe harbor. • 1P. ICHRA offered to employee and dependent(s) (not spouse) using the employee’s primary employment site zip code affordability safe harbor. • 1Q. ICHRA offered to employee, spouse and dependent(s) using the employee’s primary employment site zip code affordability safe harbor. • 1R. ICHRA that is NOT affordable offered to employee; employee and spouse or dependent(s); or employee, spouse and dependents. • 1S. ICHRA offered to an individual who was not a full-time employee. • 1T-1Z. Reserved for future use. The 2020 Form 1095-C also includes a new section to enter the zip code used to determine affordability for an ICHRA, if one was offered to the employee. In addition, Part II of the 2020 Form 1095-C includes a new section to enter the employee’s age on Jan. 1. Additional Resources The 2019 versions of these forms are currently available on the IRS website: • Form 1094-B and Form 1095-B (and related instructions); and • Form 1094-C and Form 1095-C (and related instructions). These forms must have been filed with the IRS no later than Feb. 28, 2020 (March 31, 2020, if filing electronically). However, the IRS extended the due date for furnishing individual statements for 2019 from Jan. 31, 2020, to March 2, 2020. According to the IRS, information returns under Sections 6055 and 6056 may continue to be filed after the filing deadline (both on paper and electronically). Employers that missed the filing deadline should continue to make efforts to file their returns as soon as possible. Final Forms and Instructions for 2020 ACA Reporting Released This Gehring Group Compliance Bulletin is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. 4 The IRS also previously released: • Q&As on Section 6055 and Q&As on Section 6056; and • A separate set of Q&As about Information Reporting by Employers on Form 1094-C and Form 1095-C. More Information Please contact Gehring Group for more information on reporting under Code Sections 6055 and 6056. June 10, 2020 COMPLIANCE UPDATE REMINDER: PCORI Fees Reinstated Through 2029 A federal spending bill enacted at the end of 2019 included several provisions affecting benefit plans. The bill repealed three major taxes and fees under the Affordable Care Act (ACA)—the Cadillac tax, the medical devices excise tax and the health insurance providers fee. The law also extended the PCORI fees for an additional 10 years. These fees will continue to apply for the 2020-2029 fiscal years. Overview The ACA created the Patient-Centered Outcomes Research Institute (PCORI) to help patients, clinicians, payers and the public make informed health decisions by advancing comparative effectiveness research. The Institute’s research is funded, in part, by fees paid by health insurance issuers and sponsors of self-insured health plans. Under the ACA, the PCORI fees were scheduled to apply to policy or plan years ending on or after Oct. 1, 2012, and before Oct. 1, 2019. The PCORI fee is calculated based on the average number of lives covered under the policy or plan. The fee amount is set by the IRS each year and was $2.45 per covered life for the most recent reporting year (plan years ending on or before October 1, 2018 and September 30, 2019.) • Determine which employee benefit plans are subject to the PCORI fees. • Assess plan funding status (insured vs. self-insured) to determine whether the employer or a health policy issuer is responsible for the fees. • For any self-insured plans, select an approach for calculating average covered lives. Oct. 1, 2019 The PCORI fees were scheduled to expire for policy or plan years ending before Oct. 1, 2019; and the fee for the 2018 plan years was $2.45 times the average number of covered lives for the period. Extended to 2020-2029 Fiscal Years Under the new law, the PCORI fees will now apply for the 2020-2029 fiscal years. For plans that end between October 1, 2019 and October 1, 2029 will now be subject to the PCORI fee annually under Sections 4375 and 4736 July 31, 2020 PCORI fees are required to be paid annually on IRS Form 720 by July 31 of each year. The next PCORI fee payment will be due July 31, 2020 and will equal $2.54 per covered life as determined based on the current methods allowed pursuant to sections 4375 and 4376 for plans whose years ended between October 1, 2019 and September 30, 2020. (See IRS Notice 2020-44 for more information.) The most common methods used by our clients are the snapshot method and the actual count method. We expect the IRS to update the Form 720 now that they have released this information. For Bentek clients, Bentek will continue to make the PCORI fee report available to assist you in calculating covered lives through 2029. Important Dates Action Steps Provided to you by Gehring Group REMINDER: PCORI Fees Reinstated Through 2029 This Gehring Group Compliance Bulletin is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. 2 Paying PCORI Fees PCORI fees are reported and paid annually using IRS Form 720 (Quarterly Federal Excise Tax Return). These fees are due each year by July 31 of the year following the last day of the plan year. It will generally cover plan years that end during the preceding calendar year. For plan years ending in 2018, the PCORI fees were due by July 31, 2019. For plan years ending in 2019, the next PCORI fee payment will be due July 31, 2020. The IRS instructions for filing form 720 include information on reporting and paying the PCORI fees. Reporting the PCORI Fee on Form 720 Issuers and plan sponsors will file Form 720 annually to report and pay the PCORI fee, no later than July 31 of the calendar year following the policy or plan year to which the fee applies. The PCORI fee applies separately to “specified health insurance policies” and “applicable self-insured health plans,” and is based on the average number of lives covered under the plan or policy. Using Part II, Number 133 of Form 720, issuers and plan sponsors will be required to report the average number of lives covered under the plan separately for specified health insurance policies and applicable self-insured health plans. That number is then multiplied by the applicable rate for that tax year, as follows: • $1 for plan years ending before Oct. 1, 2013 (that is, 2012 for calendar year plans). • $2 for plan years ending on or after Oct. 1, 2013, and before Oct. 1, 2014. • $2.08 for plan years ending on or after Oct. 1, 2014, and before Oct. 1, 2015 (see Notice 2014-56). • $2.17 for plan years ending on or after Oct. 1, 2015, and before Oct. 1, 2016 (see Notice 2015-60). • $2.26 for plan years ending on or after Oct. 1, 2016, and before Oct. 1, 2017 (see Notice 2016-64). • $2.39 for plan years ending on or after Oct. 1, 2017, and before Oct. 1, 2018 (see Notice 2017-61). • $2.45 for plan years ending on or after Oct. 1, 2018, and before Oct. 1, 2019 (see Notice 2018-85). • $2.54 for plan years ending on or after Oct. 1, 2019, and before Oct. 1, 2020 (see Notice 2020-44). The fees for specified health insurance policies and applicable self-insured health plans are then combined to equal the total tax owed. May 26, 2020 COMPLIANCE UPDATE HSA/HDHP Limits Increase for 2021 On May 20, 2020, the IRS released Revenue Procedure 2020-32 to provide the inflation-adjusted limits for health savings accounts (HSAs) and high deductible health plans (HDHPs) for 2021. The IRS is required to publish these limits by June 1 of each year. These limits include: • The maximum HSA contribution limit; • The minimum deductible amount for HDHPs; and • The maximum out-of-pocket expense limit for HDHPs. These limits vary based on whether an individual has self-only or family coverage under an HDHP. Eligible individuals with self-only HDHP coverage will be able to contribute $3,600 to their HSAs for 2021, up from $3,550 for 2020. Eligible individuals with family HDHP coverage will be able to contribute $7,200 to their HSAs for 2021, up from $7,100 for 2020. Individuals who are age 55 or older are permitted to make an additional $1,000 “catch-up” contribution to their HSAs. The minimum deductible amount for HDHPs remains the same for 2021 plan years ($1,400 for self-only coverage and $2,800 for family coverage). However, the HDHP maximum out-of-pocket expense limit increases to $7,000 for self-only coverage and $14,000 for family coverage. Employers that sponsor HDHPs should review their plan’s cost-sharing limits (minimum deductibles and maximum out-of-pocket expense limit) when preparing for the plan year beginning in 2021. Also, employers that allow employees to make pre-tax HSA contributions should update their plan communications for the increased contribution limits. • Each year, the IRS announces inflation-adjusted limits for HSAs and HDHPs. • By law, the IRS is required to announce these limits by June 1 of each year. • The adjusted contribution limits for HSAs take effect as of Jan. 1, 2021. • The adjusted HDHP cost-sharing limits take effect for the plan year beginning on or after Jan. 1, 2021. January 1, 2021 The new contribution limits for HSAs become effective. 2021 Plan Years The HDHP cost-sharing limits for 2021 apply for plan years beginning on or after Jan. 1, 2021. Highlights Action Steps Provided to you by Gehring Group Important Dates HSA/HDHP Limits Increase for 2021 This Gehring Group Compliance Bulletin is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. 2 HSA/HDHP Limits The following chart shows the HSA and HDHP limits for 2021 as compared to 2020. It also includes the catch-up contribution limit that applies to HSA-eligible individuals who are age 55 or older, which is not adjusted for inflation and stays the same from year to year. Type of Limit 2020 2021 Change HSA Contribution Limit Self-only $3,550 $3,600 Up $50 Family $7,100 $7,200 Up $100 HSA Catch-up Contributions (not subject to adjustment for inflation) Age 55 or older $1,000 $1,000 No change HDHP Minimum Deductible Self-only $1,400 $1,400 No change Family $2,800 $2,800 No change HDHP Maximum Out-of-pocket Expense Limit (deductibles, copayments and other amounts, but not premiums) Self-only $6,900 $7,000 Up $100 Family $13,800 $14,000 Up $200 Provided by Gehring Group This Risk Insights is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. Protecting Workers From Coronavirus As concerns about the COVID-19 continue to rise, many employers are left to wondering what they can do to protect their workforce. This Risk Insights will examine what coronavirus is, how it spreads, and what employers can do to protect their workforce. What Is Coronavirus? According to the World Health Organization (WHO), coronavirus is a family of viruses that cause illnesses ranging from the common cold to more severe diseases. Common signs of infection include headache, fever, cough, sore throat, runny nose and breathing difficulties. In more severe cases, infection can cause pneumonia, severe acute respiratory syndrome, kidney failure and even death. Individuals who are elderly or pregnant, and anyone with preexisting medical conditions are at the greatest risk of becoming seriously ill from coronaviruses. How Does Coronavirus Spread? Although the ongoing outbreak likely resulted from people who were exposed to infected animals, COVID-19 can spread between people through their respiratory secretions, especially when they cough or sneeze. According the Centers for Disease Control and Prevention (CDC), the spread of COVID-19 from person- to-person most likely occurs among close contacts who are within about 6 feet of each other. It’s unclear at this time if a person can get COVID-19 by touching a surface or object that has the virus on it and then touching their own mouth, nose or eyes. CDC Interim Guidance In order to help employers plan and respond to COVID- 19, the CDC has issued interim guidance. The CDC recommendations include: • Actively encourage sick employees to stay home. Employees who have symptoms of acute respiratory illness are recommended to stay home and not come to work until they are free of signs of a fever and any other symptoms of COVID-19 for at least 24 hours, without the use of fever-reducing or other symptom-altering medicines. What’s more, employees should be instructed to notify their supervisor and stay home if they are sick. • Separate sick employees. Employees who appear to have acute respiratory illness symptoms (e.g., cough or shortness of breath) upon arrival to work or become sick during the day should be separated from other employees and be sent home immediately. Sick employees should cover their nose and mouth with a tissue when coughing or sneezing. • Emphasize hand hygiene. Instruct employees to clean their hands often with an alcohol-based hand sanitizer that contains at least 60%-95% alcohol, or wash their hands with soap and water for at least 20 seconds. Soap and water should be used preferentially if hands are visibly dirty. • Perform routine environmental cleaning. Employers should routinely clean all frequently touched Protecting Workers From Coronavirus surfaces in the workplace, such as workstations, countertops and doorknobs. Additional Best Practices In addition to following the CDC’s interim guidance, employers should consider the following best practices to help prevent the spread of COVID-19: • Educate employees on the signs and symptoms of COVID-19 and the precautions that can be taken to minimize the risk of contracting the virus, without causing panic. • Appoint a single individual or department as the point of contact within your organization for employee questions about COVID-19. • Review safety programs and emergency action plans to ensure that they include infectious-disease protocols. • Implement travel guidelines and procedures for approving travel to and from China. Stay Informed Despite the current low level of risk for the average American employee, it is important to understand that the COVID-19 situation evolves and changes every day. Employers should closely monitor the CDC and WHO websites for the latest and most accurate information on COVID-19. Exhibit F Letters of Recommendation 3228 Gun Club Road  West Palm Beach, Florida 33406-3001  (561) 688-3021  Email: BradshawR@pbso.org October 9, 2018 Ladies & Gentlemen: The Palm Beach County Sheriff’s Office has enjoyed a long relationship with the Gehring Group, as they have been our Agent of Record for Employee Benefits for over 20 years. During this extensive period of service, Gehring Group has provided outstanding service to our organization. They are highly regarded by me and my staff and have been a source of unqualified support and expertise to us throughout the years. It is with pleasure that I recommend Gehring Group to other organizations. Please do not hesitate to call for further information. Sincerely, Ric L. Bradshaw Sheriff 2021 Arthur J. Gallagher & Co. City of Clearwater Request For Proposals #29-21 Employee Benefits Brokerage and Consulting Services Chuck Tobin Area Vice President Gallagher Benefit Services, Inc. 4350 W. Cypress Street, Suite 300 Tampa, Florida 33607 April 29, 2021 The Gallagher Way. Since 1927. 2021 Arthur J. Gallagher & Co. Table of Contents TAB 1 – Letter of Transmittal ............................................................................................................................................................ 1 TAB 2 - Demonstrated Experience of Firm and Project Personnel ................................................................................................... 2 TAB 3 - Program Description AND Method of Approach ..................................................................................................................15 TAB 4 – References .........................................................................................................................................................................29 TAB 5 – Cost of Services .................................................................................................................................................................31 TAB 6 – Other Forms .......................................................................................................................................................................33 2021 Arthur J. Gallagher & Co. 1 The Gallagher Way. Since 1927. TAB 1 – Letter of Transmittal City of Clearwater Attn: Procurement Division 100 S. Myrtle Ave, 3rd Fl Clearwater, FL 33756-4748 We at Gallagher Benefit Services, Inc. (Gallagher) appreciate the opportunity to submit this proposal so that we may continue to support the City of Clearwater (the City) in the delivery of a world-class benefits program. The City, as an organization, and your employees have benefited from our exemplary performance and documented savings. In the Florida Market, we have multiple benefit offices with our largest presence being right here in Tampa. Our lead consulting team and all other assigned resources are located in the Tampa office. Our team will deploy the local resources necessary to fully serve the City’s every requirement. Gallagher’s local presence is backed by 190+ benefit offices in 140+ countries with 35,000+ employees. Our local presence gives you hands-on service with global resources. The client team assigned to the City is actively involved in the management of your benefit program. Your Gallagher team is the City’s local resource whose efforts are backed by the expertise and resources of a global organization. One of the team's most valuable assets is a network of more than 3,300 colleagues who are dedicated to helping them meet your employee benefits needs. Your Gallagher professionals will work hard together. They pool their strengths to not only help the City grow, but also to grow stronger with the most competitive employee benefits program possible. Here is our Value Proposition for the City: • Support you with a forward looking strategy that includes analysis and best practices • Provide you with reporting including finance to budget and utilization information • Provide complete underwriting and actuarial guidance and assistance • Provide you with compliance guidance and support for all ACA and other regulatory issues • Manage all vendors • Be fully transparent in all compensation earned • Locally based services – Tampa The following individual(s) are authorized to bind Gallagher and are the principal company contacts during this proposal. We look forward to our continued partnership with the City and would welcome the opportunity to meet with you to review our proposal and to address any questions you may have. Sincerely, Chuck Tobin Area Vice President Health & Welfare Consulting Chuck Tobin, Area Vice President Gallagher Benefit Services, Inc. 4350 W. Cypress St., Suite 300 Tampa, FL 33607 Chuck_Tobin@ajg.com Jodie M. Petrone, Area President Gallagher Benefit Services, Inc. 2056 Vista Parkway, Suite 300 W. Palm Beach, FL 33411 Jodie_Petrone@ajg.com 2021 Arthur J. Gallagher & Co. 2 The Gallagher Way. Since 1927. TAB 2 - Demonstrated Experience of Firm and Project Personnel 1. A statement of qualifications, abilities, experience and expertise in providing the requested services. Gallagher started as a single office in Chicago and has grown to a publicly traded global organization with more than $6 billion in adjusted revenues, 850 offices in 49 countries, more than 32,000 team members with service capabilities in 150-plus countries. Our business units and subsidiaries provide the full spectrum of specifically tailored risk management products and solutions for complex operations. Gallagher’s history is a compelling story of the insurance business; to learn more visit ajg.com/about-us/. Our Culture The ideals, principles and values embodied by the founder whose name still appears on our door are part of our corporate DNA. Gallagher’s approach to business, fostered through three generations of family leadership, has always centered on creating relationship value as true partners to our clients. Your Gallagher team understands that they can make a genuine difference in protecting and supporting your human capital only if they fully engage in your business. We take the time to ask the right questions so that we can offer you the best recommendations. By specifically addressing your unique challenges, benefit objectives and business goals, your consultants gain the insights they need to help you act strategically in the present with a long-term view of success. Our mission statement, and the shared values that we refer to as The Gallagher Way, describe how our culture and people are dedicated to yours. Mission • To build the best benefits services practice with brokers and consultants who understand the value of building relationships and trust, and creating experiences and results that inspire our clients’ confidence. • To provide superior, cost-effective benefit products and services that meet the ever-changing needs of employers, while striving for the highest professional excellence in the delivery of those solutions. • To measurably help organizations manage and grow their businesses through our benefit services expertise and counsel. We will accomplish our mission with the kind of leadership that grows our company by enriching our culture. We will honor the moral and ethical standards that are vital to gaining organizations’ trust, and their confidence in our ability to continually build and develop a Gallagher benefit services team that excels at what we do. 2021 Arthur J. Gallagher & Co. 3 The Gallagher Way. Since 1927. The Gallagher Way The Gallagher Way is a one-page document written in 1984 by our former chairman and CEO, Robert E. Gallagher, which defines the Gallagher culture. It describes the principles, behaviors and beliefs that have produced great work at Gallagher – and great working relationships – since the company was founded. The document's 25 shared values guide business conduct for each of us as individuals, and all of us as a team. a. A description of what qualifies your firm, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. GALLAGHER’S PUBLIC SECTOR EXPERTISE Budgeting for the public sector is a complex process with multiple stakeholder groups and the need to factor the changing regulatory landscape, including healthcare reform. With over 3,000 public entity and school clients, Gallagher’s Public Sector Practice is solely dedicated to serving the needs of public employers and school districts. The City will have a partner who is a national leader in working with states, counties, cities, government employers and K-12 public schools and special education districts. The public sector practitioners at Gallagher, led by a full-time practice leader, have spent years understanding and providing for the nuances of your industry. We actively participate in the community, including organizations such as GFOA, ASBO, PRIMA, ICMA, IPMA-HE, and NPELRA so we know the market, the players, the legislation and the cost factors. As a provider of services to the public, we understand that the City faces unique challenges. Your organization is exempt from certain laws and governed by others that may allow for flexibility and cost efficiency. Tax revenue streams and other sources that are subject to change drive the design and financing of your employee compensation and benefit programs. Also, in many cases, the City decisions are affected by collective bargaining agreements and intense public scrutiny. Your Gallagher team takes these factors into consideration. We bring a broad range of public sector- focused solutions and expertise such as collective purchasing, benchmarking data and healthcare utilization review and analysis. With our industry specialization and mass of public entity and scholastic clients, you have instant access to industry benchmarks through your consultants. Gallagher will strengthen the City with: • Guidance throughout the bargaining process and recommendations on best practices moving forward • Communication with employees, spouses and retirees so they understand the value of their benefits package • A deep understanding of compliance and legal issues, including healthcare reform and labor laws • Collaborative communication with key stakeholders to build consensus and resolve issues As a partner to the City Gallagher will carefully align a strategy to invest in your employee’s health, talent, financial wellbeing and career growth with the financial realities that public sector organizations face. We’ll help you build a better workplace that inspires your employees to give their professional best — and help the City meet its business objectives for years to come. Your Gallagher team will partner with you to overcome the challenges presented by complex issues, and assist you in serving the public in a fiscally responsible way— now and well in to the future. Some of our local government sector clients include; • City of Tampa • City of St. Petersburg • Hillsborough County BOCC • Manatee County BOCC • Pasco County BOCC 2021 Arthur J. Gallagher & Co. 4 The Gallagher Way. Since 1927. • Hillsborough County Aviation Authority b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or special expertise your firm has in providing employee benefits and insurance services to clients with similar or related business activities, specifically include experience with self-insured health plans offered by government employers. Include a list of current client relationships (local or otherwise), if not included in your references. Work Plan The constantly changing employee benefits regulatory environment pressures employers to meet planning needs and program requirements in the short term. However, the most effective way to address organizational priorities is done within the context and process of long-term strategic planning. A stable solution for balancing an engaged workforce and a healthy bottom line is needed in an era of unpredictable costs and market trends. Gallagher takes a long-term approach with a dual focus and purpose. This method will help the City design and manage benefit programs that satisfy current needs, and at the same time, develop a forward-looking strategy with built-in cost control measures for the next three to five years. Results are driven by the Gallagher Annual Partnership Blueprint, a step-by-step process that organizes and prioritizes the services you receive throughout the year. The six elements of the Gallagher Annual Partnership Blueprint are: Assessment Your Gallagher team starts each year with an assessment of the City’s benefits program that allows us to: Review your goals, objectives and philosophy: • Conduct a compliance inventory • Complete a plan design analysis • Present an actuarially accredited annual report that outlines results from the prior year • Collect and evaluate claims and financial data Strategy Strategizing often gets lost in the shuffle of day-to-day priorities. Gallagher does not let that happen. Each year we will sit down with the City to: • Determine what your previous experience tells us • Brainstorm creative approaches • Share information on new benefit trends, approaches and products • Identify the realm of possible solutions • Explore administrative needs to enhance benefits design and delivery 2021 Arthur J. Gallagher & Co. 5 The Gallagher Way. Since 1927. • Set goals that mesh with your long-range plan Client Service Plan The Assessment and Strategy phases provide the data needed to prepare your written Client Service Plan for the year. This working document will describe the scope of what we do for the City, what our focus will be and when you will receive reports and information. Your Client Service Plan includes your action plan for the year: • A record of your goals and priorities • A commitment to deliver specific agreed-upon services • A timeline for delivering the services • An outline of individual responsibilities for services Action Once the Annual Partnership Blueprint is in place, we go to work for you. Your Gallagher team never loses sight of the priorities and commitments in the Client Service Plan. At the same time we know that priorities change, and sometimes very quickly. We are swift to respond when necessary and take action in a new direction for the City. Checkpoints The Blueprint makes us accountable to you. At checkpoints throughout the year you will be asked to: • Review your Client Service Plan • Assess results • Adjust priorities and timeframes as appropriate Report Card Another aspect of our accountability to the City each year is the report card. Because your Gallagher team wants to be fully responsive to your needs, you will be asked about the experience we’re delivering two times each year. With the Gallagher Annual Partnership Blueprint, our services are a commitment, not a promise. This approach to true partnership aligns our services with your needs while establishing clear expectations. Self-Insurance Experience Gallagher has just under 2,000 clients that are self-funded. Our proposed team has extensive experience with self-funded clients and several of our team members are former underwriters and actuaries by training. Gallagher has a large set of self-funded clients that we manage, many of them were converted from fully- insured arrangements. With the arrival of healthcare reform and the new alternative funding products available in the market, converting to self-insurance is a common practice for Gallagher. Gallagher’s investment in infrastructure to support self-funded clients speaks to our experience and expertise in this area. An underwriter is assigned to each of our self-funded clients to analyze data, set rate equivalents, review stop loss and TPA quotes and partner with the consulting team to ensure the program is financially protected. Nationally, Gallagher has preferred relationships with many stop loss carriers that provides our clients with preferred contracts and better terms and conditions than our competitors. In most cases, Gallagher requires our stop loss partners to work directly with our organization rather than our client’s claim administrators (TPAs, BCBS plans, carriers, etc.) on such things as renewals, specific and aggregate contract concerns, plan document/SPD adoption/approval, and plan amendments. 2021 Arthur J. Gallagher & Co. 6 The Gallagher Way. Since 1927. Therefore, all aspects of cost savings to our clients associated with stop loss placement is managed through Gallagher. Below is a sampling of our additional Florida Public Entity clients: Cities and Towns School Boards Apopka, City of Moore Haven, City of Broward County Bartow, City of Okeechobee, City of Calhoun County Belleair, Town of Palm Beach Gardens, City of Columbia County Belle Glade, City of Perry, City of Hamilton County Boca Raton, City of Plant City, City of Jackson County Crystal River, City of Punta Gorda, City of Lake County Eustis, City Safety Harbor, City of Marion County Fort Meade, City of Seminole, City of Monroe County Fort Pierce, City of St. Petersburg, City of Orange County Fort Walton Beach, City of Starke, City of Pinellas County Schools Taylor County Gainesville, City of Tampa, City of Suwanee County Gulfport, City of Treasure Island, City of Washington County Gulf Breeze, City of Trenton, City of Special Taxing Districts/Constitutionals Hallandale Beach, City of Umatilla, City of Bartow Municipal Airport Development Authority Indian Rocks Beach, City of Zephyrhills, City of Broward Clerk of Courts Indian Shores, Town of Counties Florida State Fair Authority Inverness, City of Bradford Gainesville Airport Authority Jacksonville, City of Columbia Hendry County Sheriff’s Jupiter, Town of Gilchrist Housing Authority of HART of Fort Myers Kenneth City, Town of Glades Jacksonville Aviation Authority Labelle, City of Gulf Jacksonville Port Authority Lakeland, City of Hamilton Lakeland Housing Authority Lady Lake, Town of Hendry County Okeechobee Utility Authority 2021 Arthur J. Gallagher & Co. 7 The Gallagher Way. Since 1927. c. Describe your firm’s efforts to remain current on business and employee benefit issues relating to the City of Clearwater business profile, including industry or association memberships, if applicable. Gallagher’s thought leaders continually monitor, measure and interpret marketplace trends affecting employers as a routine – and essential – business practice. Some of our information comes from external resources and experts. We also rely on data and findings brought to light by proprietary analysis and benchmarking tools, and research conducted by our survey practice team and our healthcare analytics practitioners. Gallagher's thought leaders in all areas of employee benefits, as well as specific industries, draw practical insights from the relationship of data to current market behaviors. Your Gallagher team meets with local carriers and administrators throughout the year to stay abreast on new products and solutions in the market. Gallagher continually explores trends in all major aspects of employee benefits plan design. We will help you understand what those trends mean, and work with you to decide how they should factor into the City's employee benefit strategies and planning. To keep your benefits plan aligned with your organization’s business goals in the near term, medium term and long term, your Gallagher team will consider the value of all options and opportunities. We'll guide you on a path that most effectively serves the City and your employees. As part of this commitment, we’ll keep you informed about developments in both your competitive marketplace and the marketplace as a whole. 2. Identification of dedicated personnel to be assigned to the City. Personnel named in the proposal may not be substituted without permission of the City. Include an estimate of each key person’s allocated time to the City of Clearwater’s account. Include an organizational chart identifying the team and reporting structures. Your Gallagher Team will continue to be your local resource that puts the strength of our entire 4,300-person global benefits team to work for the City’s benefits and compensation programs. Our Team’s expertise spans the benefits and human resources spectrum, including: • Experience with all types of benefit programs • Strategic planning and consulting • Carrier underwriting and negotiation • Relationship management and executive presentations • Employee communication programs Lake Mary, City of Hillsborough Panama City Airport Authority Lake Placid, Town of Levy Port Labelle Community Dev. District Largo, City of Manatee Sarasota-Manatee Airport Authority Longboat Key, Town of Miami-Dade South Florida Conservancy Longwood, City of Monroe Suwanee River Water Mgmt. District Madeira Beach, City of Okeechobee Tampa Airport Authority Marianna, City of Palm Beach Panama City Airport Authority Miami Beach, City of Pasco Milton, City of Suwanee Lake Mary, City of Jacksonville, City of 2021 Arthur J. Gallagher & Co.8 The Gallagher Way. Since 1927. •Compliance and regulatory support •Human resources management and consulting •Leadership development and training •Compensation consulting •Employee engagement and salary surveys •Human resources and benefits technology •Market research and statistical reporting •Third party administration and ancillary services •Wellbeing and engagement programs •Qualified and non-qualified retirement plans •Institutional investment and fiduciary services a. Resumes, including relevant experience may be included. Chuck Tobin, CEBS Area Vice President, Lead Consultant Chuck Tobin has been a consultant with Gallagher Benefit Services, Inc. (GBS) for over 24 years. He is an Area Vice President in the Tampa office managing major accounts and providing consulting services to large organizations throughout the country. Prior to Gallagher, Chuck spent three years with Greensboro Associates after having spent over three years with William M. Mercer. He is a graduate of Western New England University holding a Bachelor of Science Business Administration degree in Quantitative Methods and is recognized as a Certified Employee Benefits Specialist (CEBS) through the International Foundation of Employee Benefit Plans. Chuck also holds a designation in Cafeteria Plans from the American Society of Actuaries. As Lead Consultant for the City, Chuck will be responsible for the overall management of your Client Service and Consulting Plan. Chuck will manage the coordination of resources assigned to ensure that all timelines and client commitments are met and all possible outcomes are maximized. Activities under his management include: •Primary Consultant Lead •Provide industry education and guidance •Managing Client Compliance plan •Direct and manage GBS Healthcare Analytics team and deliverables •Provide Health, Disease and Wellness management consultation and strategic plans •Negotiating and managing carriers and vendors contracted •Consult Communication Strategies •Provide Healthcare Reform support and consultation •Government Procurement Law related to Employee Benefits and HR Consulting •State of Florida Statutes and Local Municipal Laws specifically •Contractual Negotiations with Vendors and Clients •Strategic Health and Welfare Plan Consulting •Insurance Vendor Subject Matter Expert •Client Relationship Management •Insurance Vendor Procurement, Marketing and Analysis •Presentation of Vendor Marketing Results •Implementation of New Health and Welfare programs or Vendors •Assistance with Collective Bargaining Negotiations for Public Sector Clients Licenses: •Life and Annuity (2-14) •Life, Health & Variable Annuity (2-15) •Life & Health (2-18) •Health (2-40) 2021 Arthur J. Gallagher & Co.9 The Gallagher Way. Since 1927. Kelly Schmidt, GBA Area Assistant Vice President Kelly is a Benefits Consultant in the Gallagher Benefit Services, Inc. (GBS) office in Tampa, Florida, and is the lead consultant on many accounts. Kelly has been with Gallagher for 14 years. Prior to coming to Gallagher, Kelly was employed by another large broker in Tampa. Kelly also spent eight years as a National Account Manager with Metropolitan Life Insurance Company. During this time, Kelly had Account Management responsibilities for clients with over 25,000 employees. Kelly obtained her Group Benefits Associate (GBA) designation in 2010. Kelly attended college in DuPage County Illinois, working towards her Bachelors in Science. Kelly has been recognized by several clients for her responsiveness, knowledge and superior customer service. Activities under her management include: •Strategic Health and Welfare Plan Consulting •Compliance Management •Contractual negotiations with Vendors and Clients •Wellbeing management consultation and strategic plan development and delivery •Develop & Execute effective employee communications strategies •Partners with HR & Compensation, Technology, Retirement and Global benefitsTeams to deliver holistic solutions Licenses •Life, Health & Variable Annuity (2-15) Allison Marshall Client Manager Allison is a Client Manager in the Gallagher Benefit Services, Inc. (GBS) office in Tampa, Florida. Prior to coming to Gallagher, Allison was employed by a regional broker in St. Petersburg, Florida. Allison graduated from University of South Florida holding a Bachelor’s of Science degree in Psychology and is recognized as a Certified Benefits Account Manager through the National Association of Health Underwriters. Areas of Responsibility As your Client Manager, Allison will be responsible with assisting with the overall management of your plan. Allison will assist throughout the renewal and marketing processes as well as provide compliance, claims, billing and open enrollment assistance. A sampling of Allison’s responsibilities include but are not limited to: •Claim, billing and general support •Open Enrollment attendance and communication support •Compliance •Claim Analysis •Communications •Benchmarking •Carrier relations •Wellness support Licenses •Life, Health & Variable Annuity (2-15) 2021 Arthur J. Gallagher & Co.10 The Gallagher Way. Since 1927. Amy Robinson Client Service Associate Amy has been a Client Service Associate with Gallagher since July 2013. Amy works with the Gallagher Account Managers to support the day to day activities that support our clients. With 18 years of Industry experience, Amy has developed excellent long term relationships with all our carriers which have proved invaluable in resolving problems in assisting her clients. As a specialized Client Service Associate, Amy will be responsible in working with the Gallagher Benefit Services Team to assist you in the day to day administration of your company’s benefit program. Specifically, Amy will be primarily responsible for the following: •Facilitate Claims Resolution •Resolve Billing Issues •Manage Eligibility Issues •Coordinate Requests for Carrier materials •Assist with Open Enrollment coordination •Manage day to day service inquiries •Assist with Employee Communications•Assist with Special Project Coordination •Negotiating and managing carriers and vendors Licenses •Life, Health & Variable Annuity (2-15) Glen Volk, (FSA) Member of the American Academy of Actuaries (MAAA) Area Vice President, Consulting Actuary Glen is a Consulting Actuary with Gallagher HealthCare Analytics (HCA), a division of Gallagher Benefit Services, Inc. He has over 35 years of varied experience (both public and private entities) in the actuarial field, and has been with the Gallagher family of companies since April 2000. Glen’s primary responsibility with HCA is to work with plan sponsors in the design, pricing, and financial management of their benefit plans. He works with several Gallagher offices around the country, typically with their largest and most complicated clients. He also provides consulting support to health plans and provider organizations. Prior to joining Gallagher in 2000, Glen held various positions in the management consulting and insurance industries. He has extensive experience in managed care and in the reinsurance field. He has also served on several health care reform panels and committees. Education and Professional Designations •B.S. in Mathematics, University of Regina (Saskatchewan) •M. Math in Applied Mathematics, University of Waterloo (Ontario) •Member of the American Academy of Actuaries (MAAA), Fellow of the Society ofActuaries (FSA) Responsibilities of Your Consulting Actuary •Quarterly financial and cost driver analysis •Monthly experience reviews •Reserve calculations and review •Actuarial attestations management •Data management 2021 Arthur J. Gallagher & Co.11 The Gallagher Way. Since 1927. Sharon Leach, Society of Actuaries (ASA), Member of the American Academy of Actuaries (MAAA), Fellow of the Conference of Consulting Actuaries (FCA), Senior Actuarial Consultant Sharon has worked with public sector clients in a variety of capacities throughout her career. Most recently, prior to joining Gallagher, she worked with state governments to develop strategies to ensure individuals and small businesses had multiple options to purchase affordable health insurance in all areas of the state. This included in depth review of rate filings to ensure compliance with the Affordable Care Act and statewide analysis to identify rates considered outliers. She has also worked with school districts in other states to form an association plan and then work with the association in all aspects of the management of the benefits. Sharon, as part of the Gallagher Health Care Analytics Team, will work with the City in all financial aspects of the management of the employee benefits including presenting ways to best support the City & PTSA’s short and long-term health care strategies. Sharon holds a Bachelor’s of Science degree in actuarial science from Ball State University in Muncie, Indiana. Sharon is credentialed in both the Society of Actuaries and the American Academy of Actuaries. Jodie Petrone, Area President, South Florida Jodie is the Area President for Gallagher South Florida Offices. Jodie has over eighteen years of benefits consulting and human resources experience. Today, Jodie oversees the branch operations for the South Florida offices inclusive of Tampa, West Palm Beach, Boca Raton, Miami, Fort Lauderdale and Naples. She has expertise in specialized solutions to manage benefit costs, strategic planning, benefit administration and onsite medical centers to clients. Jodie worked as a Principal with Mercer Health & Benefits prior to joining Gallagher, where she was the Practice Leader for South Florida. She was responsible for overseeing the under 500 market, directing operations, process and client deliverables. Prior to Mercer Health & Benefits, Jodie developed a benefits department with products and services for a growing Florida based PEO. She also has seven years of experience in the human resources, recruiting and staffing industries. Honors & Awards •Athena Leadership Award Nominee •2015 & 2017 Branch of the Year•Women In Leadership Award Nominee •Influential Women In Leadership Award•SFBJ 40 Under 40 Award Organizational Affiliations •Leadership of Palm Beach County Alumni •Society for Human Resources—HRPBC & HRABC •Florida Public Human Resources Association •Florida Blue Advisory Board in South Florida License(s): •Life, Variable Annuity (214) 2021 Arthur J. Gallagher & Co.12 The Gallagher Way. Since 1927. Gerard E. Desmond, CEBS, PRP, AIF, Retirement Plan Consulting Mr. Desmond has over 35 years of employee benefit consulting experience extensively related in Retirement, Health & Welfare, Compensation and Human Resource issues. Prior to joining Gallagher, he served in a leadership role at a number of consulting practices including Frank B Hall Consulting Company, Meeker Sharkey Benefits Consultants, Fleet Boston Financial, Charles W. Cammack & Associates, Inc. and Hogg Robinson Consulting Group where he also served as President and CEO. Mr. Desmond was one of the first individuals to attain the designation of Certified Employee Benefit Specialist (CEBS) and Fellow of The International Society of CEBS (The ISCEBS). He has served on various professional and educations committees of the ISCEBS and The International Foundation, including the development of national and regional seminars. He has aided the International Foundation and Wharton in the continuing development of the CEBS program. Mr. Desmond is the past President of the Central New Jersey Chapter, Northern New Jersey Chapter and the New York Chapter of The ISCEBS. He served on the Governing Council of The ISCEBS, which oversees the international management of the ISCEBS program. Mr. Desmond has lectured and spoken at various professional conferences and employer sponsored meetings throughout the United States on a wide range of benefit subjects. He has published several articles in professional journals regarding benefit issues. Mr. Desmond earned his Bachelor of Arts degree from Rutgers University in 1979. He earned his CEBS designation from the Wharton School of Business in 1984. Kristen Gray, JD, Area Vice President, Compliance Counsel Kristen Gray, JD, is the Area Vice President, Compliance Counsel in the Southeast Region’s Legislative Compliance team. Kristen provides support to clients within the Southeast Region with a focus on the Florida and Atlanta offices. Kristen utilizes her knowledge in healthcare reform, COBRA, HIPAA, GINA, MHPAEA, the Internal Revue Code and state regulations to provide guidance to internal staff members and plan sponsor clients on their employee benefit plans. Kristen assists clients with day-to-day compliance questions, educates internal consultants and clients and develops new tools to help clients understand changes to benefit laws, and implications to their benefit plans. With these tools, Kristen works with clients to develop action plans promoting compliance. Prior to joining Gallagher, she served as a Senior Sourcing Strategist for a Fortune 10 company. She began her career in employee benefits as an Investigator for the U.S. Department of Labor, Employee Benefits Security Administration, where she enforced Title I of ERISA by conducting investigations of employee benefits plans, including health and welfare plans. She identified violations of applicable federal regulations, and worked with plan sponsors and fiduciaries to obtain plan compliance. Following her time at the DOL, she practiced law at a boutique law firm with a robust labor and employment and employee benefits practice. Kristen worked with multi-employer clients on day-to-day employee benefit compliance issues, and assisted in plan design creation and modification. Lindsey Surratt, JD, Area Senior Vice President, Regional Compliance Counsel As Compliance Director, Lindsey leads a team of compliance experts that provides support to the offices within the Southeast Region. Lindsey utilizes her knowledge of healthcare reform, COBRA, HIPAA, and the Internal Revenue Code to provide guidance to employer plan sponsors. With the support of her team, Lindsey educates clients and internal staff members on health and welfare plan regulatory compliance, delivers practical answers to day-to-day compliance questions, and helps develop new tools to promote compliance. Previously, Lindsey practiced law with a boutique health care firm in Louisiana where she advised physicians and healthcare providers on compliance with physician self-referral and anti-kickback statutes, analyzed healthcare contractual relationships, and provided advice on mergers and acquisitions. Her work with employers in other areas of the healthcare 2021 Arthur J. Gallagher & Co.13 The Gallagher Way. Since 1927. industry provides her with a unique, well-rounded perspective on health and welfare plan compliance. She is a licensed attorney in the states of North Carolina, Louisiana, and Mississippi. She is an active member of the Health Law section of the American Bar Association and a frequent speaker on employer-sponsored health and welfare plan compliance topics. Kate Siano, CWC, Regional Wellbeing & Engagement Specialist Kate works closely with our Healthcare clients, Hospitality clients and Public Sector clients as an extension of their strategic team. Each client is unique and our approach in supporting our clients and their employees’ wellbeing includes: Assessing and evaluating current resources and programs; Measuring levels of employee interest and evaluating employee engagement strategies and metrics; and Creating short and long term goals and objectives as it relates to attracting and retaining talent and enhancing the employee experience by creating a Culture of Total Wellbeing. Kate has 22 years of experience in the Health and Wellness industry. Prior to Gallagher, Kate served as the Director of Corporate Wellness for a National Health Management Company in the Labor & Trust and Union Market and was responsible for developing customized health management solutions for new and existing clients. Her experience also includes working for a Platinum Level Country Club as their Fitness and Wellness Director. Kate oversaw the operations, fitness and wellness programming, physical therapy services and the contractors and employees of the Spa and Fitness department that served over 1800 private residents. In her 10+ years with the Club, Kate was an integral part of two major facility renovations that included facility design, equipment selection and developing SOP’s and operating guidelines. She holds numerous certifications in health, fitness and wellness and is a recipient of the Top 100 Wellbeing award granted by the Healthcare Revolution and Corporate Wellness Magazine in 2018. John Hughes, Wellbeing & Engagement Specialist John Hughes is the Wellbeing & Engagement Specialist for Gallagher’s Southeast Region. John currently works hands-on with clients to optimize vendor solutions, lead tactical wellbeing program execution, develop wellbeing metrics and incentives, and facilitate successful program rollout and communications. John served as Program Coordinator for an international utilities company prior to joining Gallagher. He was responsible for Fitness Management, creating custom Health Promotion Campaigns, Health Education, Biometric Screening management and Implementation of Wellness Programming. John holds a Masters’ Degree in Exercise Science from Florida Atlantic University and Bachelors’ Degree Exercise Science from Florida State University and is a certified Ergonomist. John worked as a Program Coordinator at NextEra Energy for HealthFitness Corporation. He was responsible for all aspects of fitness management and wellness at the Jupiter West campus. John spearheaded the implementation and execution of wellness programs focused on a variety of topics including physical activity, nutrition and stress management. He created a stress management program that has since been used at a several companies. Other responsibilities included creating and presenting on wellness topics, fitness center management, and management of biometric screenings, pioneer community wellness awareness events, and ergonomic evaluations. Prior to NextEra Energy, John was a personal trainer at Boca West Country Club and Addison Reserve Country Club. In this role, he conducted one-on-one fitness sessions, developed long-term fitness plans and educated members on fitness topics. 2021 Arthur J. Gallagher & Co.14 The Gallagher Way. Since 1927. Matthew Patella, Area Vice President, Pharmacy Benefit Consulting As Area Vice President, Pharmacy Benefit Consulting, Matt is responsible for pharmacy benefit consulting for the Southeast region. Matt has over 22 years of healthcare experience in sales, finance, marketing, account management and leadership. Matt’s areas of expertise include pharmacy benefit finance, account management, benefit analysis and design, contract review, and negotiation. Prior to joining Gallagher, Matt served as Regional Vice President of Sales for WellDyneRx. During his tenure, he was responsible for building out sales within the Southeast region. He worked closely with marketing, operations, account management, implementations, and other areas to bring market feedback and opportunities into the organization. Matt also spent 5 years at Vital Decisions, a startup healthcare organization focused on behavioral care. He built the sales, marketing, and account management capabilities for that organization and was responsible for the entire revenue side of the business. Matt’s career includes an extensive background working in positions of increasing responsibility for both Express Scripts and Medco spanning over 16 years. His deep understanding of PBM operations, account management, and financial analysis helped him to provide significant value to his customers. Matt has sold and managed business in the employer, payer, labor union, and public sector space. He has won various awards for his service and for bringing creative value-add solutions to his customers. Matt has BBA in finance from Pace University and a MBA in management from Iona College. Kelly Prange, HR & Benefit Technology Sales Practice Leader, Southeast Region Kelly is the HR & Benefit Technology Sales Practice Leader, Southeast Region for Gallagher. In this role, she works closely with consultants and employer groups to deliver innovative HR technology solutions. She has 20 years’ experience in the health and welfare industry. Prior to joining Gallagher, she served as Vice President of Sales for Assurant Health’s MGA channel where she was responsible for large national General Agency distribution. She is an acute observer of health and welfare trends and is passionate about data analytics, consumerism and developing sustainable benefit programs for employers to attract top talent. She holds a Bachelor’s of Science degree in Business Administration from North Georgia College and State University. Ryan Whittington, Consultant, Voluntary Benefits Ryan Whittington is Voluntary Benefits Specialist for the Southeastern region for Gallagher. Ryan works with our clients throughout the Southeast to create competitive, compliant, and integrated voluntary benefit programs and enrollment solutions. Ryan specializes in marketing and selecting key carriers and benefit offerings, as well as works to support our clients throughout the year as needs arise. Ryan holds a Bachelor’s of Science Degree in Business Administration from the University of Central Florida. Licenses: •Life, Health, and Variable Annuities Licenses (215) 2021 Arthur J. Gallagher & Co.15 The Gallagher Way. Since 1927. TAB 3 - Program Description AND Method of Approach 1.Employee Benefits Assessment and Analysis: Provide a summary of your firm’s process in conducting risk assessment and analysis for firms similar to the City of Clearwater. Identify resources to be used, if not already part of the proposed service team. Provide samples of internal or external reports that are a product of such assessment and analysis. Based upon the information currently available, identify areas of emerging risk relative to the City of Clearwater operations, or risk warrants greater attention. Gallagher continually explores trends in all major aspects of employee benefits plan design. Your Gallagher team will help you understand what those trends mean and work with you to decide how they should factor into the City employee benefits strategies and planning. To keep your benefits plan aligned with your organization’s business goals in the near term, medium term, and long term, Gallagher will consider the value of all options and opportunities. Looking ahead and in the past, employee benefits thought leaders are evaluating trends and what works best for your organization. From Gallagher’s perspective, several industry trends are becoming more broadly relevant for employers. Some of them include: As healthcare reform takes hold, Gallagher anticipates the marketplace transitioning to a platform that is more employee choice-oriented. One way to achieve this is through defined contribution and a private exchange. Thought leaders across industries see this combination as an emerging trend. Consumer-driven health plans (CDHPs), which entered the marketplace in the early 2000s, have attract more interest from employers. CDHPs encourage participants to become actively involved in their own healthcare decisions by pairing a high deductible component with a personal, tax-advantaged savings account. These accounts are set up to pay a portion of medical expenses that the employer’s plan does not cover, and can include a Health Savings Account (HSA), a Flexible Spending Account (FSA) and a Health Reimbursement Arrangements (HRA) – alone or in combination. Data gathered from Gallagher’s Benefits Strategy & Benchmarking Survey of thousands of U.S. organizations shows that these plans continue to gain acceptance by employers as a way to temper rising healthcare costs. Despite this growth trend, the plans have not caught on as quickly with employees. To the extent that consumer- driven health plans become more prevalent, employee participation in HSAs and FSAs will also increase. The Gallagher survey confirmed that another trend is the increasing role of technology in the benefits process. Employers are adopting benefits technology at a faster rate. Ongoing advances in these technologies are likely to contribute to greater time and cost savings, as well as improved productivity and employee satisfaction. Improving the health of employees can significantly improve the bottom line by reducing costs and increasing productivity, so it is no surprise that a focus on healthy employees is a high priority for many organizations. Wellness is one of the top three benefits management issues. This indicates that wellness programs will continue to become a higher priority. Many organizations spend a significant amount of money on healthcare each year, and the majority of that cost goes toward treating instead of preventing illness. Proactive prevention is a more cost-effective strategy that has a positive effect on employee health and the potential to decrease health insurance costs over time. Gallagher has considerable experience implementing wellness programs that encourage healthier lifestyles. With health risk assessment screenings and comprehensive physical exams for members who exhibit questionable results, Gallagher’s wellness programs have been effective in reducing the risk of large claims. Regardless of what trends take root, Gallagher will continue to guide you on a path that most effectively serves the City and your employees. As part of this commitment, Gallagher will keep you informed about developments in both your competitive marketplace and the marketplace as a whole. 2021 Arthur J. Gallagher & Co.16 The Gallagher Way. Since 1927. 2. Marketing: Describe your firm’s proposed marketing processes and strategies. Provide comment on current program structure and pricing (to the extent possible) with particular emphasis on your firm’s assessment of the insurance market. Include identification of resources that are not part of the proposed service team. Provide a suggested listing of markets that may be considered for each major line of coverage, including your rationale for such a course of action. Include any intermediaries to be used and your relationship with those companies. (Note: The City is requesting a sample only of the markets that your company would use for an account of the size of Clearwater). Strategic Planning, Marketing and Placement of Programs As Gallagher consultants, we are constantly thinking about helping our clients get better: better engagement, better productivity, better recruiting, and better culture. We will approach the City holistically, using data and insight to approach the total wellbeing of the City and the individuals that are a part of it. As a part of our commitment to partnering with the City, your relationship with Gallagher will kick-off with a strategic meeting. To better identify how purpose can drive strategy, your organization's decision makers and key stakeholders will have access to the Gallagher Better Works Assessment where they can rank your organization's effectiveness and priority on a variety of human resource categories. Your Gallagher team will aggregate the individual perspectives to help prioritize organizational urgencies for the City. Priorities set during this meeting will guide annual and long-term priorities to drive purposeful meetings with intentional resources and targeted solutions. Why the Gallagher Better Works℠ Assessment? Gallagher offers an endless amount of solutions and expertise; the Gallagher Better Works Assessment allows your organization to self-identify its urgent priorities so that Gallagher can match the best solution. Survey Benefits and Long-term Use •Created for quick completion to meet leaderships’ busy schedules while providing targeted insights •Provides transparency of the varying wellness (physical & emotional, career, and financial) priorities among leadership •Better aligns decision makers’ perspectives •Optimizes organizational spend and focus on most urgent issues •Strengthens attraction, retention and engagement of talent •Allows HR to become more strategic in developing people strategy 2021 Arthur J. Gallagher & Co.17 The Gallagher Way. Since 1927. Using the Gallagher Better Works℠ Assessment Pairing the Gallagher Better WorksSM Assessment results with our significant experience in your industry, your Gallagher team will help you create a plan to control costs with tailored concepts, ideas, and trends in health plans based on your priorities. Through the aforementioned initial analysis phase and with each subsequent plan renewal, Gallagher will review the City's plan goals. Based on priorities set in collaboration with your organization, Gallagher may probe into the following areas: •General Business Environment •Degree to which your staffing needs will increase or decrease in the next three to five years •Extent to which you compete for staff •Compensation and Benefits Philosophy •Proportion of overall compensation that is represented by benefits •Balance of cost considerations, competitiveness, and employee satisfaction that defines success •Cost of Plans •Measurement of current benefit costs •Potential growth or reduction of your benefits budget in the future •Extent to which external trend factors affecting benefits can be absorbed by the benefits budget •Competitive Benefits Environment •Ideal comparative strength at, above or below market •Reasonableness of plan cost sharing within your industry and geographic area •Level of comparative strength your benefits program offers in terms of your industry benchmark group •Wellbeing Integration •Partnership with key stakeholders for wellness initiatives at the City to develop a holistic approach in addressing your employees’ physical, financial, and career wellbeing With an emphasis on gaining a better understanding of your needs and goals first, we will take a comprehensive approach to helping your organization receive competitive marketing and placement of your plans. This includes detailed marketing specifications, identification of market conditions relevant to your industry landscape and your location, and administration of plans and contracts with insurance providers. The following is a breakdown of the services your Gallagher team may provide based upon the objectives set by the City. 1.Review Plan Design Gallagher will review and assess your current benefits program for competitiveness, cost-effectiveness and alignment with your benefits philosophy. After this step is complete, we routinely work with clients to develop a three to five year plan that serves as the template for plan funding, benefits changes and a comprehensive wellness strategy. This ensures that your employee benefits program stays in sync with your long-range financial and HR objectives. *sample determination of one to five year financial and HR objectives 2021 Arthur J. Gallagher & Co.18 The Gallagher Way. Since 1927. For example, if an organizational business objective is to control benefit costs, Gallagher’s actuaries can complete a detailed analysis of the City past experiences and program results, and then develop models that illustrate how plan design changes can create cost savings opportunities. Or, if recruitment and retention is a priority, your Gallagher team can conduct an industry benchmarking analysis to contrast your offerings with peer employers in your area. When the City chooses to move forward with a plan design change, we will develop a strategy to communicate changes and educate employees for effective utilization. Communication touchpoints will be tailored to the City's culture and could include webinars, online communications via your intranet, mailing communication tools or an additional variety of communication avenues that work best for the City and its employees. 2.Determine Employee Contribution Strategy Plan design and employee contribution modeling are fundamental to an effective program strategy. We have broad experience developing contribution strategies to meet a variety of objectives, including: cost control, plan migration goals, protection against anti-selection and promotion of consumer driven initiatives. We have access to considerable benchmark data from both proprietary tools and subscription sources to assist your organization in its decision making process. We believe that the key element in designing the correct contribution strategy is to understand your short and long-term objectives. We take contribution strategies to levels beyond the shifting of program costs between employer and employee. For example, one of our clients wanted to promote their wellness programs, which included an onsite biometric screening. Our account team assisted in designing a reward/penalty contribution strategy that encouraged participation. Over 80% of the eligible population participated in the biometric screening, and the screening identified previously unknown risk factors in 35% of the participants. The client was then able to offer program participation to improve their conditions with the long-term objective of controlling costs through avoidance of future large claims. 3.Leverage Data Analysis and Claims Benchmarking Gallagher leverages the latest in sophisticated analysis techniques from our Healthcare Analytics actuarial division. As we build your program together, our in-house specialists review your benefits experience and create models to determine the effects of multiple plan design scenarios. We will carefully monitor your completed program and you will receive detail and summary reports at regularly scheduled intervals. Additionally, your core account team has ready access to a vast and varied benchmarking data. We can provide the City with benchmarking information on benefits, employer and employee contributions, medical utilization, cost analytics, and cost and network information. Actuarial services are also available for testing assumptions about multiple enrollment scenarios and benefits design. Gallagher uses three key benchmarking resources. They include: •GBSInsider: Gallagher’s proprietary data warehouse platform will critically analyze data within your organization to provide an understanding of the costs associated with your medical benefit plan. With this tool, the City will be able to assess where, how and why healthcare costs are incurred, and then compare your results with cost and utilization benchmarks in over 40 different medical service categories. •National Benchmarking Survey: Gallagher’s Benefits Strategy & Benchmarking Survey provides data and insights that help guide better talent outcomes through better benchmarking. Our most recent annual survey gathered responses from more than 4,000 organizations across the U.S. The survey includes both public and private data for your organization to compare within industry and identify strategies to adopt from the private sector. We are also highly experienced in conducting client-specific benchmarking and can target the specific industries where you compete. *A separate fee may be applied for this service, depending on your plan and scope of services. 2021 Arthur J. Gallagher & Co.19 The Gallagher Way. Since 1927. 4.Provide Rate and Budget Projections For many clients, rate development is a core account management process. The rate development process has been developed in conjunction with our actuaries and follows sound underwriting practice. We have a stringent peer-review process, but at the same time the rate development reflects client specific needs including rating by division/business unit, internal pooling arrangements, and variations in demographics or unitization across populations or locations, etc. Premium Equivalent Rates are then developed based on this renewal cost projection. Depending on available carrier information, rates and required rate changes can be developed on an aggregate basis for the entire group, or on an operation unit basis, reflecting differences in plan design, demographics, claim costs, business goals, risk fluctuation tolerance, margin requirements, and internal pooling levels etc. Clients consistently tell us that Gallagher’s ability to provide in-depth analysis of benefit-related issues is one of our most valuable services. Sample monthly, quarterly and annual reports are provided below. Monthly Reports •Summary of plan costs •Analysis of actual versus budget •Identification of employee contributions •Tracking of large claims •Comparison of claims to aggregate stop loss, if not provided by carrier •Identification of plan costs by specific line of coverage (i.e., medical, dental, pharmacy, etc.) Quarterly Reports •Comparison of plan costs to projections and trends •Identification of services provided •Utilization review, if not provided by carrier •Comparisons to prior claim periods Annual Reports •Executive summary of program expenses •Comparison of current costs to renewal costs •Renewal alternatives •Incurred but not reported (IBNR) dollar projections, if not provided by carrier •Overview of specific stop loss projections, if not provided by carrier •Future plan cost projections •Dollars saved by contract negotiation •Percent of benefit dollars paid by employee •Plan funding/budget comparison •Benefits paid by type of service •Fixed expense comparison, if not provided by carrier •Physician visit details •Claims by size 5. Assess Current Market Conditions and Establish Custom Market Studies When it comes to representing the City to carriers, we know the markets, and we know their specific strengths. As a result, we can objectively evaluate carriers that offer the right products for your individual needs. Gallagher maintains complete independence to remain objective in providing the most qualified carriers, vendors, networks and risk arrangements for each unique negotiation. Gallagher interacts with vendors to truly understand their capabilities and offerings. You can be confident we will recommend only those companies whose products and services combine the broadest and most effective range 2021 Arthur J. Gallagher & Co.20 The Gallagher Way. Since 1927. of options at a fair value. Gallagher has the experience, the relationships and the independence you need to get the most effective combination of rates, policy terms and plan design. Your Gallagher team will leverage our extensive experience in handling renewals. We manage every detail of the marketing process, including: •Strategic development to analyze program costs and review current and alternative funding arrangements •Management of the renewal with the current carrier geared to achieving lower costs •Recommendation on exploring alternatives to your current carrier •Renewal timeline that covers every aspect from Request for Proposal (RFP) preparation to the delivery of employee communications •RFP development that involves tailoring the RFP to the exact desires, needs, and financial directions provided by the City business officials •Exploration of funding alternatives •Evaluation of vendor responses to identify variations in coverage and cost •Conduct finalist interviews to explore intangibles, such as personalities, service orientation and responsiveness •Renewal analysis report, covering program, and claims cost projections as well as complete information on benefit designs •Finalize decisions involving close collaboration with the Gallagher team and the City's HR leadership and business officials 6.Provide Detailed Contract Review Contracts will be formally reviewed by your Gallagher team to help ensure that they accurately reflect the appropriate provisions, services and/or coverage placed on behalf of the City. The review must be checked against such documents as the application(s), proposal(s), prior policy(s) and/or renewal(s). This is to determine the accuracy of the policy. Once completed and documented, we will request any necessary corrections from the carrier. Some of the key items we review are: •General Provisions/Contract Changes •Eligibility/Elections •Description of Benefits •Termination/Continuation/COBRA •Client expectations of review 7. Additional Innovative Solutions Delivered for our Clients Employers are at different places on the path to an integrated, holistic approach to benefits and compensation. They use different sets of tools to meet their goals and are equipped with different experiences and expertise. Regardless, employers are striving to achieve a 360-degree integration across total compensation strategies and programs. A big-picture perspective makes it possible to fully address employee wellbeing and human capital talent needs while controlling costs and managing risk. As employers gain a deeper understanding of how these elements work together, they can see more clearly how to align human resource and organizational strategies to drive better business results. Gallagher offers an array of solutions to help you achieve a holistic approach to employee benefits. •Benefits Stop-Loss Captive | Blend the advantages of self-funding medical costs with stop-loss insurance, increased control over rising healthcare costs and healthcare plan design and successful risk management strategies through a Benefits Stop-Loss Captive. •Cost Plus/Medicare Plus pricing strategy | this is an option that is getting a lot of attention these days. The current PPO system is not always the best pricing method. Discounts of billed charges/charge master pricing does not always work and sometimes does not make sense. Organizations want to reimburse providers at a fair rate based on the actual cost of the care vs. 500% to 1,000% mark-ups above the hospital’s actual cost to provide the services. 2021 Arthur J. Gallagher & Co.21 The Gallagher Way. Since 1927. •HDHP/HSA Reimbursements | A low cost High Deductible Health Plan (HDHP) combined with an HSA (Health Savings Account) and reimbursements can be a great way for clients to reduce total benefit spend. HDHPs cost significantly less in monthly premium than low deductible plans. To account for the increased exposure to larger potential out-of-pocket expense, your organization can offer an HSA which allows employees to save tax-sheltered earnings to pay for eligible healthcare expenses. Alternatively, you can offer reimbursements for part of the employee’s deductible. •Coinsurance reimbursement on Rx copays | Prescriptions are covered in the form of a copay (i.e. $10 for a generic and $30 for a specialty drug) in traditional health insurance plans. This structure helps protect the employee from the ever-inflating cost of prescriptions but does not support employer goals for reducing overall prescription drug claims. To incentivize employees to select lower cost drugs, employees can apply coinsurance reimbursements on Rx copays. This drives employees to be more educated healthcare consumers by offering reimbursements when they select lower cost Rx options. This leads to reduced out-of- pocket expense for the employees and lower overall claims for the organization to support the long-term goal of controlling premium renewals. •Dispense as Written Policy | The policy requires pharmacy’s to issue prescriptions to employees as, “Dispense as Written.” Insurance carrier will only cover the cost of the exact drug prescribed by the employee’s doctor. Employees who attempt to substitute the prescription with an alternative drug (i.e. brand- name) will be required to cover the difference in cost. Dispense as written policies encourage employees to use low-cost, generic drugs prescribed by their doctors to help employer’s keep prescription drugs claims lower and reduce renewals/increases in premium. 3.Data Management: Provide commentary on the projected needs for the City of Clearwater relative to data management and your firm’s approach to meeting those needs. Include resources or systems that might be utilized to enhance this area of benefits management. Gallagher has both a proprietary solution called GBSInsider as well as access to leading third-party data warehouse solutions. While our proprietary solution fits the needs of 99% of clients today and provides both risk adjustment and predictive models, we find that sustaining market options as well allows us to remain adaptable to unique or custom needs that may arise. It also enables us to stay at the forefront of innovation and evolve. This differentiates us from our competitors, who may rely on a single solution, as we know technology and data sources are evolving and we remain committed to our clients to ensure we always have options available. Proprietary tools bring complex data into focus and help clarify your long-term strategy. GBSInsider Data Warehouse Having access to actionable client-owned data is a basic building block of a long term healthcare management strategy. Gallagher has a proprietary data warehouse – GBS Insider – that will provide the City with a solid, accurate, and actionable data platform. We receive bulk feeds from many national insurance carriers taking claims and eligibility data and warehouse it all in one comprehensive database used to generate meaningful reports. Meaningful reports and strong analytic conclusions are what make these services valuable; the City will be able to assess where, how, and to what end healthcare dollars are being spent. Key Differentiators •As listed above, the City would have access to Gallagher’s Data Warehouse (which will be a critical component of long- term strategy) •Analytic system developed by actuaries and underwriters to focus specifically on employers’ unique needs •Strong financial integrity Benchmarking •National Benchmarks on detailed utilization and unit cost data in over 40 detailed medical and prescription drug service categories based on Gallagher’s client base of over 4 million lives covered by health benefit plans across the US •Benchmarks tied to Gallagher’s proprietary pricing model, which is also utilized by Health Plans nationally 2021 Arthur J. Gallagher & Co.22 The Gallagher Way. Since 1927. •Ability to monitor Disease Management and Wellness Program Performance with actionable information focused on selected chronic diseases to identify specific areas where intervention or preventive programs can have the best chance for mitigating future claim costs •Robust Clinical/Predictive model with CRG-base logic and predictive modeling 4.Program Design: Provide a brief summary of potential program designs that may be appropriate for the City of Clearwater for the major lines of coverage. Include the rationale for your suggestions. Given the information provided, identify your firm’s key strategies in evaluating the optimum alternatives for the City of Clearwater in the major lines of coverage. In the limited information we have regarding the City’s plans, we identified one area that has the potential to offer significant plan cost savings. Pharmacy benefit contracts are changing rapidly. We are able to negotiated better terms and conditions with most pharmacy benefit managers to about 10% in the pharmacy cost. We know what to look for in the pharmacy contracts that can result is opportunities that benefit the City of Clearwater. These include updating contractual terms and conditions, enhanced report programs, pharmacy manufacturers program optimization, site of care programs for oncology, etc. Another way we could save the City of Clearwater is to revamp the legacy stop-loss insurance contract. There are alternatives approaches we have incorporated for our clients to have them share in the years of good experience, without the downside in the bad years. Also, we have capacity for the City to participate in a stop- loss insurance captive arrangement. 5.Communications: Describe formal and informal communication processes for the City of Clearwater. Include proposed schedules of key meetings, timelines, and other process mileposts for the proposed client service. Include any proprietary client communications that may be appropriate and available to the City of Clearwater to facilitate communications. Describe your firm’s capability of producing annual benefit statements and open enrollment communications for employees. Your Gallagher Communications team begins any project by understanding your organization, culture, objectives, workforce demographic and key messages. Through a process of listening, questioning, discovery and collaboration we work with you to determine the best strategy and campaigns needed to best reach your goals. It is through this process that insights in tone, image and culture surface to create the design and delivery of your communications program. Producing truly effective benefit communication requires effort, time and money. But, when done effectively, it delivers tangible benefits for associates and employers. The Gallagher Communications Team works with companies across the world to deliver tailored strategies and solutions that help maximize benefits spend by increasing employee awareness, understanding and engagement. We offer two levels of communication capabilities. Our standard package is outlined below. We also offer additional communication support at a fee. Those capabilities are listed below under the heading “additional services”. Standard Package Our standard package includes an annual Employee Benefits at a Glance Guide, Open Enrollment Guide and New Hire Guide. In addition we provide customized Open Enrollment post cards, posters, digital versions of New Hire and Open Enrollment Guides. Although Gallagher manages the fulfillment and print production with a reliable local vendor, the cost associated with fulfillment, print and postage are not part of this response. We believe (and have enough evidence to support our belief) that for communication to be truly effective the design, messaging, tone of voice and channels used need to be tailored to a company’s culture and workforce. Our dedicated communications team consists of strategists, copywriters, consultants, designers, data analysts, personalization programmers and digital experts. We have all of the skills needed to produce all forms of communication. 2021 Arthur J. Gallagher & Co.23 The Gallagher Way. Since 1927. Additional Services This is not an exhaustive list but the most common projects we deliver for an additional fee: •Branding •Games and apps •Presentation templates •Change communication •Interactive modelling •Research •Communication strategy •Mailers •Summary Plan Documents •Data-driven benefit portals •Microsites •Total Reward Statements •Decision support tools •Newsletters •Video and animation 6.Other Services (Optional): Provide a brief summary of other services available from your firm that may be appropriate to the City of Clearwater. Our Approach - Gallagher Better WorksSM Gallagher has created an approach to benefits, compensation, retirement, employee communications and workplace culture unlike any other. Gallagher Better Works℠ centers on strategic investments in your employees’ health, financial wellbeing and career growth, with a holistic focus on organizational wellbeing. Gallagher Better Works is a comprehensive approach to overall holistic organizational wellbeing that: •Aligns an organization’s people strategy with its overall business goals •Helps an organization’s people thrive by focusing on their total wellbeing •Optimizes a company’s financial investment in its people •Mitigates organizational risk associated with employees Organizational Wellbeing Solutions •Compliance •Employee Communications •HR & Benefits Technology •Wellbeing & Engagement Physical & Emotional Wellbeing Solutions •Health & Welfare •Healthcare Analytics •Multinational Benefits & HR •Pharmacy Benefit Management •Voluntary Benefits Career Wellbeing Solutions •Human Resources & Compensation •Compensation & Rewards Consulting •Employee Engagement •Executive Compensation Consulting •Executive Search •Governance Consulting •HR & Leadership Development Consulting •Research & Insights Financial Wellbeing Solutions •Financial & Retirement Services •Executive Benefits •Investment & Fiduciary Consulting •Retirement Plan Consulting •Individual Life & Wealth Additional Information on Select Gallagher Practices Benefit Advocacy Center (BAC) *additional fee Gallagher can provide sophisticated Benefit Advocacy Center (BAC) services to the City. Employees may reach their advocate between 8:00 AM – 6:00 PM, Pacific Time, Monday through Friday, and all calls are returned within 4 hours. Employees can phone, email, or fax their dedicated Employee Advocate at any time. These services are offered in Spanish, if necessary. 2021 Arthur J. Gallagher & Co. 24 The Gallagher Way. Since 1927. The assigned Benefit Advocate is knowledgeable about your plan and can address health and welfare issues. Most of them also have backgrounds in Human Resources, doctor’s offices, carriers and brokers. They are required to participate in on-going training in compliance, products, and customer service skills. The Benefit Advocate provides hands-on support to plan administrators, employees, dependents, and COBRA participants to resolve claims issues, explain plan parameters and online tools, and advise on appropriate plan utilization. The Benefit Advocate will negotiate with carriers and providers and involve the core Gallagher account team as necessary. As the opportunity arises, Gallagher Benefit Advocates are trained to educate employees to become more savvy healthcare consumers. Benefit Advocates can assist with all of the health and welfare plans and are ready to support all of your communication campaigns (e.g. open enrollment or wellness rollout). While we close 70% of our calls in the first contact, we track the “aging” of complete multiple contact requests to make sure nothing “drops through the cracks.” Cases are automatically escalated when milestones are hit. Our tracking technology manages both e-mails and phone calls in a unified environment, so cases started by e-mail can be tracked, updated and closed via e-mail. Per your request we are offering the City our Benefit Advocate Center. We all know that your employee’s benefits plans are a large part of their compensation package. When an employee or their family members needs to use those benefits, it can, in some cases be a confusing process even for individuals who work in the industry. Whether finding a network provider, explaining an Explanation of Benefits versus the Provider’s billing statement, or how to file a disability claim – the healthcare maze can be confusing to participants. Gallagher’s BAC is here to help your employees, regardless of their location, understand and appreciate their benefit package. Accessible through one phone number and/or e-mail address our advocates will provide seamless assistance to any health and welfare question. Our dedicated BAC not only helps your employees with their specific questions, but supports your member locations with general benefit tasks and questions. Gallagher BAC team members will respond to your employees with knowledge, empathy and patience. Our Advocates go above and beyond when resolving questions or issues. Whether it is a general benefit question, a member sitting at the pharmacy with a sick child who is not showing up in the system, someone who needs to find a specialist doctor in their area, or not understanding how a claim was processed, your Advocate’s goal is to assist until the caller is 100% satisfied with the resolution. 2021 Arthur J. Gallagher & Co.25 The Gallagher Way. Since 1927. Voluntary Benefits At Gallagher, we believe that a one-size-fits-all approach to employee benefits is not in the best interest of the City or your members. A more effective strategy for the long-term success of your organization is to offer a selection of voluntary benefits. Options such as life, disability, and critical illness insurance often determine how employees rate their program and their employer. Gallagher will help craft the ideal set of voluntary options to help you compete effectively for the right employees. Through single-source planning, record keeping, and project management, we’ll also support your hard-working HR staff. Benefits Administration Technology Consulting Our HR & Benefits Technology (HRBT) Consulting Practice is Gallagher’s go-to source for human resources and benefits administration technology solutions. Serving organizations with 2–25,000 lives, HRBT consultants possess a deep working knowledge of the HR technology market and its many players. They work directly with your Gallagher core team to bring together the right players to provide the optimal solution for your needs. We maintain a database of over 800 HR Technology vendors which include web portal tools and cost and quality transparency tools. We evaluate vendors against two criteria—the first is fit with client requirements, and the second is our proprietary risk framework that takes into account the following factors: security, technology, financial strength, operational risk, general business attributes, and platform attributes. We will employ the expertise and market knowledge of our HRBT team to review our data base of benefits administration vendors to ensure the right competitors are brought to the table to fit your technology needs. Our core consulting team will collaborate with HRBT in conducting the discovery and marketing process and analyzing proposals and pricing. Your client service team members will support the implementation process and provide all the benefits information that has to be uploaded into the new system. HRBT can provide consulting support for you and your employees in these key verticals: •Benefits administration •Leave management •COBRA administration •Learning and development •PPACA reporting & outsourcing •Private exchanges •Decision support tools •Talent management •Healthcare spending accounts • Human capital management, including payroll and workforce management Retirement Services Gallagher includes an internal retirement benefit consulting practice that can be integrated with our health and welfare benefit consulting approach. Their services include program design, plan integration and transition management, investment selection and employee communications. Gallagher’s Retirement Consultants use a data driven approach using six elements for a plan success: 2021 Arthur J. Gallagher & Co. 26 The Gallagher Way. Since 1927. Vendor search and management 1) Participant education 2) Strategic plan design and optimization 3) Fiduciary risk mitigation 4) Investment monitoring 5) Plan compliance Pharmacy Benefit Management Pharmacy benefit costs continue to increase, and are estimated to grow by as much as 8.1 percent in 2020 according to Gallagher’s actuarial trend forecast. Gallagher’s Pharmacy Benefit Management consultants have cracked the code for identifying cost savings through smart contract negotiations and savvy auditing. Our dedicated Pharmacy Benefit Management (PBM) Consultants can help you better manage your prescription drug plans by utilizing a number of different tactics, tailored to the unique needs of your organization. Solutions Offered • Pharmacy benefit manager (PBM) contract reviews • Pharmacy plan RFPs • Pharmacy plan implementation support • Ongoing pharmacy plan management and audits • Gallagher Pharmacy Alliance • Clinical consultation • Medical/pharmacy specialty analysis Gallagher’s approach • Objective and transparent • Data analysis coupled with innovative approaches to mitigate costs without cutting benefits or cost shifting • Proprietary PBM pricing model that quantitatively evaluates all competitive bids in a PBM procurement to adjust for contractual loopholes and techniques that drive up costs for employers and employees • Negotiation without bias toward specific products, vendors or vehicles such as coalitions and collectives • Audits are a core service, ensuring guarantees are met and plan designs are administered properly • Industry leading expertise with providing strategic guidance to large employers, large health plans and some of the nation’s largest purchasing groups. Gallagher Global Brokerage (GGB) Risk Management Services Gallagher’s Property & Casualty and Risk Management Divisions have developed a proprietary model, CORE360, which allows us to effectively partner with our clients in the evaluation and management of the six cost drivers of risk management. By helping you understand all of your actual and potential costs, providing actionable advice, and delivering world-class service and support – we help you develop a risk management program that allows you to control your organization’s total cost of risk and maximizes profitability. 2021 Arthur J. Gallagher & Co.27 The Gallagher Way. Since 1927. The six cost drivers are: 1)Insurance Premiums 2)Program Structure 3)Coverage Gaps 4)Uninsured/Uninsurable Losses 5)Loss Prevention & Claims 6)Contractual Liability We provide solutions in the following areas: •Property, casualty & workers compensation •Self-insurance, captives & alternative risk options •Management & professional liability •Change management – developing long-term strategies •Claims advocacy •Quality & safety improvement programs •Cost management •Emerging exposures (privacy/cyber liability, managed care E&O, regulatory proceedings, ACO integrated products, provider stop-loss, HMO reinsurance) 7.Broker/Consultant Compensation: Identify your firm’s preference on the means of compensation for services. Provide a detailed analysis of the fee build-up, including allocated time and rates for the service providers. Identify any proposed services that may be outside an agreed-upon fee and an estimate for those services, if applicable. Include the details of any proposed incentive plan, if recommended. Gallagher customizes our compensation arrangements to meet the unique needs of each client and the nature of the services they have requested. We are flexible in the method of compensation in which we are paid and we are open to a number of compensation arrangements, depending on The City of Clearwater preference. Our general approach to compensation, however, never changes. We make these promises to all of our clients: •Our compensation may be derived from fees or commissions, or a combination of both. The choice is made by each client based on their philosophical and budgetary considerations •Our compensation will be a fair reflection of the services we are asked to provide 2021 Arthur J. Gallagher & Co.28 The Gallagher Way. Since 1927. •Our compensation will be inclusive and agreed upon in advance •We will fully disclose to our clients any and all compensation we receive each year We do believe an important part of our value proposition is that we can offer a broad and deep set of services under a fully transparent fee model. Our proposal is based on an accurate assessment of the scope of work and sets forth a budget allocated for the services required. We track our services against this budget regardless of whether it’s being paid on a retainer basis or under a commission arrangement. We don’t use a “billable hour” structure to determine our costs and therefore we can offer you the flexibility of getting the right team assigned without risking quality and service delivery. We believe our fees should and do represent the cost to get the work done right with absolutely no restrictions. 2021 Arthur J. Gallagher & Co.29 The Gallagher Way. Since 1927. TAB 4 – References A minimum of three (3) references, preferably from other public entities of similar size to the City of Clearwater and three (3) government accounts utilizing a self-insured health plan, within the past three (3) years, for whom firm has provided brokerage/consulting services. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, dates these services were provided. City of Tampa Dave Blasewitz P: (813) 274-8103 E: dave.blasewitz@tampagov.net Address: 306 E. Jackson St., 5th Floor E, Tampa, FL 33602 Scope of Services: Consulting on all employee benefit plans including Self-funded health plan, PBM, On-Site Health clinic, dental, vision, life, disability, Medicare Advantage insurance programs. Provide Actuarial Services for budgeting, FS 112.08, Communications, Wellbeing, vendor marketing, negotiations, and management, Benchmarking and Compliance support. Dates: June 2008 - present City of St. Petersburg Jason Hall P: (727) 893 E: jason.hall@stpete.org Address: One 4th St. N, St. Petersburg, FL 33701 Scope of Services: Consulting on all employee benefit plans including Self-funded health plan, PBM, On-Site Health clinic, dental, vision, life, disability, Medicare Advantage insurance programs. Provide Actuarial Services for budgeting, FS 112.08, RDS Attestation, Communications, Wellbeing, vendor marketing, negotiations, and management, Benchmarking and Compliance support. Dates: November 2003 - present Pasco County BOCC Barbara Hitzemann P: (727) 847-8103 E: bhitzemann@pascocountyfl.net Address: 7536 State Street, New Port Richey, FL 34654 Scope of Services: Consulting on all employee benefit plans including Self-funded health plan and pharmacy program, On-Site Health clinic, dental, vision, life, disability insurance programs. Provide Actuarial Services for budgeting, FS 112.08, Communications, Wellbeing, vendor marketing, negotiations, and management, Benchmarking and Compliance support. Dates: March 2013 - present Hillsborough County BOCC Becky Buehrle P: (813) 276-2728 E: buehrleR@hillsboroughcounty.org Address: 601 E. Kennedy Blvd., Tampa, FL 33602 Scope of Services: Consulting on all employee benefit plans including Self-funded health plan and pharmacy program, dental, vision, life, disability insurance programs. Provide Actuarial Services for budgeting, FS 112.08, Communications, Wellbeing, vendor marketing, negotiations, and management, Benchmarking and Compliance support. Dates: October 2013 - present Manatee County Kim Stroud P: (941) 748-4501, ext. 3813 E: kim.stroud@mymanatee.org Address: 1112 Manatee Avenue West, Bradenton, FL 34205 2021 Arthur J. Gallagher & Co. 30 The Gallagher Way. Since 1927. Consulting on all employee benefit plans including Self-funded medical plan, dental, vision, life, disability insurance programs. Provide Actuarial Services for budgeting, FS 112.08, Medical Claim Audit, Communications, Wellbeing, vendor marketing, negotiations, and management, Compliance support, and Benchmarking. Dates: December 2017 - present Inteva Products Michelle Brown P: (248) 655-8453 E: mbrown@intevaproducts.com Address: 1401 Crook Rd., Troy, MI 48084 Consulting on all employee benefits including self-funded health plan, Actuarial Services, Communications, Compliance, Executive Benefits and vendor management Dates: June 2012 - present 2021 Arthur J. Gallagher & Co.31 The Gallagher Way. Since 1927. TAB 5 – Cost of Services 1.Proposals shall include an annual service fee as part of their response to this RFP. The successful firm shall be compensated on an annual fee basis. Fees will be payable quarterly at the end of each quarter. All program premiums and charges are to be written net of commission and the acceptance of a commission shall be grounds for immediate termination of the contract. If a carrier does not or cannot work on a net of commission arrangement, the firm shall disclose this fact and the commission shall be deducted from the annual fee. All services as discussed in Section 4, Scope of Work will be included in our annual Consulting fee of $240,000, with the exception on Item 4.2h, Automated Benefits and Enrollment services and programs. Our solution for Benefits Administration Technology can range from $60,000 to $160,000 per year. In all fairness to employers, many are unaware that there are independent HR technology service providers that operate outside the sphere of a benefits brokerage operation and work with any number of consultants. In fact, there are more than 150 benefits administration providers in the market today due, in part, to the fact that no two employers share the exact same set of needs (or have the same resources). There is no appropriate “one-size- fits-all” model in our estimation, and to take this approach would be a disservice to our clients. Gallagher advocates a consulting-first approach to helping employers find the technology solution that best meets their specific needs. Practicing what we preach, we do not own or recommend a single, specific solution. Instead, we guide each organization in sourcing their best-fit option available from among the vast pool of HR and benefit technology providers. There are very good benefit consultants in the market who associate themselves with very good technology. However, that technology is not going to be right for every client. Gallagher made a conscious decision to eschew this model and to embrace a consulting-first approach. This ensures that our clients have access to the broadest possible range of solutions and to help them avert the risk and limitations associated with a consultant- sponsored benefits platform. In all likelihood, at some point, you will want to make a change. You may become dissatisfied with either your benefits consultant or the service provider. If the two are tied together, it’s very difficult to swap out just half the package. We frequently work with employers who love their technology but want to make a change in benefits consultant but fail to understand that because their consultant provided the technology when that relationship goes, so too does the technology. And, even if they can get the same technology directly from the provider, transferring all the data is not like flipping a switch. It usually requires implementing from scratch, which takes time and resources. Gallagher has strong relationships with many vendors including, BusinessSolver, Emperyon, Alight, Benefit Express and many, many others that can provide Benefits Administration technology to the City of Clearwater. These systems range in cost and scope of services from $3.00/employee per month to upwards of $8.00/employee/month. We would not want to put a system in at the City that $8.00 when City only needs the system that costs $3.00, that would be a waste of money. Vice-versa, if we put in a low cost system, which most broker add-ons system are just that, it may not fit the needs and objectives of the City. We have be successful in partnering with ancillary carriers in asking for their partnership in funding Benefits Administration systems for our clients. 2021 Arthur J. Gallagher & Co. 32 The Gallagher Way. Since 1927. 2. The successful firm shall provide an annual statement from each carrier confirming that the insurance carrier has paid no commissions. Full disclosure of all compensation earned, either directly or indirectly, is required. Use of intermediaries, wholesalers, subsidiary companies, etc. is expected and encouraged if advantageous to the City of Clearwater. However, all fees and or commissions earned as a result of their use must be disclosed and will be deducted from the annual fee. Additionally, the City reserves the right to seek additional relevant records as a means of enforcing this provision. Gallagher is committed to full transparency and we look to you for direction as to how Gallagher is to be compensated for the services it provides. Gallagher’s policy is complete disclosure of all forms of compensation. In general, Gallagher may be compensated as follows: • Gallagher companies are primarily compensated from commissions or fees received from the brokerage and servicing of policies handled for your account. As permitted by law, Gallagher companies may receive both commissions and fees. • Gallagher companies may access other facilities, including wholesalers, reinsurance intermediaries, underwriting managers, and others that act as intermediaries for both Gallagher and other brokers in the insurance marketplace. If such a facility was utilized in the placement of your account, it may have earned and retained brokerage commission or fees for its work. • In placing, reviewing, consulting, or servicing your insurance coverages, Gallagher companies may participate in contingent commission arrangements with insurance companies that provide for additional contingent compensation if certain underwriting, profitability, volume or retention goals are achieved. Such goals are typically based on the total amount of certain insurance coverages placed by Gallagher with insurance company, not on an individual policy basis. 2021 Arthur J. Gallagher & Co.33 The Gallagher Way. Since 1927. TAB 6 – Other Forms 1.Exceptions/ Additional Materials /Addenda form 2.Vendor Information form 3.Vendor Certification of Proposal form 4.Scrutinized Companies form(s) as required 5.E Verify Eligibility form 6.Copies of licenses and/or certifications 7.W 9 Form. Include a current W 9 form EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Brokerage and Consulting Services 25 RFP #29-21 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: Gallagher Benefit Services, Inc.4/29/2021 1 JT 2 JT X Please refer to the "Exceptions and Clarifications" on the next page. X 1. Staff Licenses 2021 Arthur J. Gallagher & Co. 34 The Gallagher Way. Since 1927. Exceptions and Clarifications In our thorough review of the contract and other requirements we noted certain items that will need further discussion if we are awarded the bid. We welcome the opportunity for dialog with the City’s legal department in order to come to a mutually agreeable contract. • Section i.22(b)(PDF page 6) & Section S.14 (PDF page 11) – We are unable to agree this provision that allows for an audit of our personnel or payroll. • Section S.15 (PDF page 11) – In regards to the vendor adopting and maintaining a background screening program and related personnel policies reasonably designed to exclude dishonest, immoral, and unlawful personnel from providing services and shall ensure that all personnel have successfully passed all requisite and appropriate background screening prior to commencement of employment, including, but not limited to: (1) county, state, and federal criminal history checks, including felony and misdemeanor; (2) education and employment verification to confirm all employment positions and highest degree earned; (3) Social Security verification; and (4) an OFAC (Office of Foreign Assets Control) check. • Section S.25 (PDF page 13) – Can the Indemnification be limited to negligent acts and omissions, breaches of the contract, intentional misconduct, or violations of law? • Section S.29 (PDF page 14) - Gallagher will retain sole and exclusive ownership of all right, title and interest in and to its intellectual property and derivatives thereof which no data or confidential information of the City was used to create and which was developed entirely using Gallagher’s own resources. To the extent Gallagher’s intellectual property is necessary for the City to use the services provided, Gallagher will grant to the City a non- exclusive, royalty-free license to Gallagher’s intellectual property solely for the City’s use of such services. • Section 7 (PDF pages 19-20) – Insurance • Section 7 (PDF page 19) – Our insurance policies include the following deductibles: Professional Liability - $10M deductible; Workers’ Compensation & Employer’s Liability - $1M deductible; Commercial General Liability - $500K deductible; Automobile Liability - $2M deductible; these are not stated on the Certificates of Insurance and are not subject to change. Will this cause an issue for the City? We are the broker on the Property and Casualty insurance and all of our insurances run across the entire company. • Section 7 (PDF page 19) – We are able to provide tail coverage for 2 years, not 3. • Other Insurance Provisions (a)(PDF page 19) – We can only agree to name the City as an additional insured on its Commercial General Liability Policy (not Commercial Automobile Liability) and it will be via a Certificate of Insurance, not an endorsement. • Other Insurance Provisions (a)(PDF page 19) – We will not provide copies of our actual policies to clients. It will evidence coverage via Certificates of Insurance. • Other Insurance Provisions (b)(PDF page 20) – Our insurers are not required to provide advance notice of cancellation/non-renewal via the terms of the policies, so Gallagher cannot agree to provide 30 days prior notice to its clients. Rather, any cancelled or non-renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided to the City. • Other Insurance Provisions (C)(PDF page 20) – We request that the primary, non-contributory language be removed as it is Gallagher’s preference to have the City’s Commercial General Liability policy be primary. • Other Insurance Provisions (d)(PDF page 20) – We cannot agree to this provision. 2021 Arthur J. Gallagher & Co. 35 The Gallagher Way. Since 1927. • Section 4(a)(PDF page 21) – We cannot agree to most favored customer pricing schemes. • Tab 2(2)(PDF page 22) – Can this section be modified so that no prior approval of personnel is required from the City? We are willing to provide notice to the City of substitutions after they occur. Gallagher can agree to a reasonable time period to provide such notice and will use good faith efforts to ensure that the City is satisfied with any replacement personnel assigned. FLORIDA DEPARTMENT OF FINANCIAL SERVICES Jeff Atwater Chief Financial Officer State of Florida Please Note:To validate the accuracy of this license you may review the individual or business entity's license record under "Licensee Search" on the FL Dept. of Financial Services website at http://www.myfloridacfo.com/agents/. Charles Jerome Tobin License Number: A265939 Issue DateTYPE 05/16/1997 05/16/1997 05/16/1997 l 0214 - LIFE INCL VAR ANNUITY l 0218 - LIFE & HEALTH l 0240 - HEALTH l 0215 - LIFE INCL VAR ANNUITY & HEALTH 05/16/1997 FLORIDA DEPARTMENT OF FINANCIAL SERVICES Jeff Atwater Chief Financial Officer State of Florida Please Note:To validate the accuracy of this license you may review the individual or business entity's license record under "Licensee Search" on the FL Dept. of Financial Services website at http://www.myfloridacfo.com/agents/. JODIE PETRONE License Number : D054807 Issue DateResident Insurance License l 0214 - LIFE INCL VAR ANNUITY & HEALTH 10/14/2000 •0240 - HEALTH •0218 - LIFE & HEALTH 10/14/2000 10/14/2000 FLORIDA DEPARTMENT OF FINANCIAL SERVICES Jeff Atwater Chief Financial Officer State of Florida Please Note:To validate the accuracy of this license you may review the individual or business entity's license record under "Licensee Search" on the FL Dept. of Financial Services website at http://www.myfloridacfo.com/agents/. KELLY JO REYNOLDS License Number : E098670 Issue DateResident Insurance License 0215 - LIFE INCL VAR ANNUITY & HEALTH 02/18/2004l FLORIDA DEPARTMENT OF FINANCIAL SERVICES Jeff Atwater Chief Financial Officer State of Florida Please Note:To validate the accuracy of this license you may review the individual or business entity's license record under "Licensee Search" on the FL Dept. of Financial Services website at http://www.myfloridacfo.com/agents/. Allison Marshall License Number: W383262 Issue DateTYPE 02/13/2017l0215 - LIFE INCL VAR ANNUITY & HEALTH VENDOR INFORMATION Brokerage and Consulting Services 26 RFP #29-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address:Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. Gallagher Benefit Services, Inc. 4350 W. Cypress Street, Suite 300 www.ajg.comchuck_tobin@ajg.com Tampa FL 33607 727-796-6185 07-442-4540 Chuck Tobin 727-796-6185 chuck_tobin@ajg.com Chuck Tobin 727-796-6185 chuck_tobin@ajg.com VENDOR CERTIFICATION OF PROPOSAL Brokerage and Consulting Services 27 RFP #29-21 By signing and submitting this Proposal, the Vendor certifies that: a)It is under no legal prohibition to contract with the City of Clearwater.b)It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, aswell as its attachments, and any referenced documents.c)It has no known, undisclosed conflicts of interest.d)The prices offered were independently developed without consultation or collusion with any of the otherrespondents or potential respondents or any other anti-competitive practices.e)No offer of gifts, payments or other consideration were made to any City employee, officer, elected official,or consultant who has or may have had a role in the procurement process for the services and orgoods/materials covered by this contract.f)It understands the City of Clearwater may copy all parts of this response, including without limitation anydocuments and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer,or in response to a public records request under Florida’s public records law (F.S. 119) or other applicablelaw, subpoena, or other judicial process.g)Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigrationlaws and regulations that relate to their employees.h)Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act andnot debarred by any Federal or public agency.i)It will provide the materials or services specified in compliance with all Federal, State, and Local Statutesand Rules if awarded by the City.j)It is current in all obligations due to the City.k)It will accept such terms and conditions in a resulting contract if awarded by the City.l)The signatory is an officer or duly authorized agent of the respondent with full power and authority to submitbinding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: Gallagher Benefit Services, Inc. John H. Tournet Regional President, Southeast Region April 15, 2021 SCRUTINIZED COMPANIES FORMS SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria ; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to , acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engage in business operations in Cuba and Syria. STATE OF North Carolina COUNTY OF Mecklenburg John H. Tournet Printed Name Regional President, Southeast Region Title Gallagher Benefit Services, Inc. Name of Entity/Corporation The foregoing instrument was acknowledged before me by means of ~ physical presence or □ online notarization on, this _1_s_ day of April 20_21_, by _Jo_h_n_H_. T_o_ur_ne_t ________ _ (name of person whose signature is being notarized) as the Regional President, Southeast Region (title) of Gallagher Benefit Services, Inc. (name of corporation/entity), personally known __ _, or produced North Carolina Drivers License (type of identification) as identification, and who did/did not take an oath. MANi KA WOP,).' No tary P~1o!tc, :\lor ,h '_ ~11,J'.1.•d M bC~!e nbLlf~ 1:0.~rlt lj My Coni n~; ss1on E ~1i res -Z./,lfl/,Zff"?, __ _ My Commission Expires: _0_21_24_12_0_23 _____ _ NOTARY SEAL ABOVE Brokerage and Consulting Services Notary Public Mani Ka Worix Printed Name 28 RFP #29-21 SCRUTINIZED COMPANIES FORMS SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NON RESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. "Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. Printed Name Regional President, Southeast Region Title Gallagher Benefit Services, Inc. Name of Entity/Corporation STATE OF _N_o_rth_C_a_ro_lin_a _____ _ COUNTY OF _Me_c_kle_n_bu_rg ____ _ The foregoing instrument was acknowledged before me by means of 6sl physical presence or □ online notarization on, this _1_5 -day of April 20_21_, by _Jo_h_n _H._T_ou_rn_e_t -------- (name of person whose signature is being notarized) as the Regional President, Southeast Region (title) of Gallagher Benefit Services, Inc. (name of corporation/entity), personally known --~ or produced North Carolina Drivers License (type of identification) as identification, and who did/did not take an oath . !'10 {i (M • MANI KA WORIX ~ -~ Notary Public, North Carolina Notary Public Mecklenburg County Mani Ka Worix ~~~~~;'issiu,jj'~~~s -P-ri-nt_e_d_N_a_m_e _____________ _ My Commission Expires: _0_21_24_12_0_23 ____ _ NOTARY SEAL ABOVE Brokerage and Consulting Services 29 RFP #29-21 E-VERIFY ELIGIBILITY FORM VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STA TUT£ 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE £-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448 .095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. Printed Name Regional President, Southeast Region STATE OF North Carolina COUNTY OF Mecklenburg Title Gallagher Benefit Services, Inc. Name of Entity/Corporation The foregoing instrument was acknowledged before me by means of C!!I physical presence or □ on line notarization on , this __j_§_ day of April , 20..1,L, by John H Tournet (name of person whose signature is being notarized) as the Regional President, Southeast Region (title) of Gallagher Benefit Seryjces Inc (name of corporation/entity), personally known --~ or produced North Carolina Drivers License (type of identification) as identification, and who did/did not take an oath. ill . MANI KA WORIX --IY/anj, ~ U}bAYC) Notary Public, North Carolina Notary Public Mecklen_bu~g Coun_ty Mani Ka Worix My Comm, ssron EM1?tres ..:.=_::..:..:..:.~c....:....:..:..:...:.:..:__ _________ _ _____ _ ~--Pnnted Name My Commission Expires: 02/24/2023 NOTARY SEAL ABOVE Brokerage and Consulting Services 30 RFP #29-21 State of Florida Department of State I certify from the records of this office that GALLAGHER BENEFIT SERVICES,INC.is a Delaware corporation authorized to transact business in the State of Florida,qualified on December 9,1999. The document number of this corporation is F99000006362. I further certify that said corporation has paid all fees due this office through December 31,2020,that its most recent annual report/uniform business report was filed on January 24,2020,and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the Fifteenth day of March,2021 Tracking Number:5162957234CU To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication 01/12/2021 City of Clearwater Request for Proposal #29-21 Employee Benefits Brokerage and Consulting Services April 29, 2021 City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 1 Table of Contents Tab 1 - Letter of Transmittal. ............................................................................................................ 2 Tab 2 – Demonstrated Experience of Firm and Project Personnel ............................................ 4 Tab 3 - Program Description AND Method of Approach. .......................................................... 10 Tab 4 – References. .......................................................................................................................... 47 Tab 5 - Cost of Services .................................................................................................................... 48 Tab 6 - Other Forms. ........................................................................................................................ 49 Exceptions/Additional Materials/Addenda form .......................................................................................... Vendor Information formVendor Certification of Proposal form ................................................................. Scrutinized Companies form(s) as required ................................................................................................. E-Verify Eligibility form .................................................................................................................................... Copies of licenses and/or certifications ......................................................................................................... W-9 Form. Include a current W-9 form ......................................................................................................... Team Resumes ................................................................................................................................................. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 2 Tab 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1.The proposer’s understanding of the work to be performed. 2.A positive commitment to perform the service within the time period specified. 3.The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. Valerie Craig, CPPB Senior Procurement Analyst City of Clearwater 100 S Myrtle Ave Clearwater FL 33756-5520 Dear Valerie, Thank you for allowing Aon the opportunity to participate in the City of Clearwater’s (the City’s) search for Employee Benefits Consulting Services. Aon is helping many public sector clients by implementing innovative human capital and risk management strategies—strategies targeted to optimize available revenue, provide competitive total rewards to employees, and advance an entity’s mission of providing quality services to taxpayers. We are confident we can partner with and help the City achieve its objectives of ensuring that current arrangements are still competitive from a cost and service perspective as well as providing crucial support toward encouraging greater health care consumerism for our employees using efficient and effective technologies, processes, and communications.as outlined below: Stabilization of medical / pharmacy spend and management of chronic conditions utilizing public sector specific data analytics Our physicians and nurses bring exceptional experience and knowledge on topics of the greatest importance to clients focused on improving clinical outcomes and managing the costs associated with hospital services and the complex chronically ill. Development of an enhanced communication strategy Aon’s Communications team has over 20 years of experience communicating benefit offerings to employees, educating them on wellbeing and promoting enrollment events. The mediums we use provide education around important details and direct employees toward resources where they can learn more about their benefits. Our proposal will demonstrate the four critical differentiators that position Aon as the best partner to help the City achieve these objectives, including: Data-Driven Insights: Unmatched insights gained by harnessing the power of Aon as a leader in risk management and human capital that no other firm can offer. Aon’s significant investment in data allows us to more deeply understand our clients’ pain points and to drive meaningful change to improve care and reduce cost at the local health system level. Aon is also a market leader in terms of benchmarking and will deploy multiple databases, including Florida Public Sector, to assess plan design, rates, contribution and approach to ensure the City’s program is competitive. Market Innovators: Drive solutions that optimize the City’s health care benefits in areas that span from digital tools that ensure compliance with regulations to personalized communication delivery designed to reach a richly diverse population. Client Satisfaction: Based on our public sector experience, in-depth expertise, and extensive understanding of public sector plans and challenges, public entities like the City have selected Aon and have consistently scored us a “10/10” on our annual Client Promise client satisfaction survey. People and Experience: Hand-selected team of national and local leaders with expertise aligned with the needs of the City. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 3 Partnering With Aon Our promise is simple: We will deliver the services you need—efficiently, on time, and cost-effectively—operating as an extension of your staff through an interactive process. Our solutions in this proposal are specifically tailored to the needs of the City, and we are prepared to partner with you to secure the most valuable arrangements and enhance employee engagement while reducing annual spend. We look forward to discussing our proposal with the City and your benefits team to answer any additional questions you may have, demonstrate our approach to serving our clients, and further illuminate how we can partner to manage your employee benefits program. Aon Diversity Solutions Aon is investing and cultivating an equitable workplace, as demonstrated by signing of the CEO Action for Diversity & Inclusion pledge and our social impact work by way of our global supplier and business diversity commitment. Clients have never faced greater risk, volatility and complexity than they do today. This requires building diverse teams to bring the full power of our firm, new thinking and innovative approaches to help the City with the escalating challenges you face. Please let us know if we can assist in any way as you work through the selection process. Primary Contact for the RFP Process Jeff Jinks, Vice President–Health Solutions, will serve as your primary contact during the RFP process: 7650 W. Courtney Campbell Causeway | Suite 1000 | Tampa, FL 33607 +1.813.636.3556 jeff.jinks@aon.com | www.aon.com Sincerely, Jeff Jinks, Vice President Aon Health Solutions City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 4 Tab 2 – Demonstrated Experience of Firm and Project Personnel The following information should be included: 1.A statement of qualifications, abilities, experience, and expertise in providing the requested services. a.A description of what qualifies your firm, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. Health care is complex, and it often takes a variety of skillsets to deliver optimal results. Your primary consulting team members, led by Jeff Jinks and Paul Boutin, each have 30 years of experience leading clients similar to the City. As experienced as they are, it benefits the City that they have access to the best health care consulting, broking, and actuarial talent in the industry—plus a coast-to-coast network of subject matter experts across the spectrum of specialties, including: health plan financial management, FL 112.08, GASB, audits, on-site health clinics, wellbeing, communication, data analytics, disability, ancillary and elective benefits, compliance, life, pharmacy, and more. Most importantly, we place a high priority on developing teams with appropriate expertise and skillsets to deliver the results you need. With more than 70 years of human resources experience and the ability to provide a comprehensive range of consulting services, Aon is widely recognized as a leading provider of health and benefit solutions for the public sector. We provide health and benefits consulting advice to over 225 states, cities, counties, and public agencies around the country. Aon’s Health & Benefits Public Sector practice consists of over 100 consultants and actuaries around the United States who consult with states, cities, counties, municipalities, transit agencies, schools, and other public sector entities of all sizes. Aon Overview Aon plc (NYSE: AON) is a leading global professional services firm providing a broad range of risk, retirement, and health solutions enabled by data and analytics. Our 50,000 colleagues in 120 countries empower results for clients by using proprietary data and analytics to deliver insights that reduce volatility and improve performance. Our client-focused approach has brought consistently strong year-over-year growth and stability to our firm. Some highlights of our recent financial performance include: Aon History Aon is a Gaelic word meaning “oneness.” We chose the name Aon in 1987, and it perfectly captures the essence of our history with roots that go back more than 100 years. Building strength through oneness has been a singular focus for Aon since the modern-day organization was launched with the merger of Ryan Insurance Group and Combined International Corporation in 1982. Aon’s rapid expansion and success in the global marketplace over the last 30 years is a testament to hard work, organic growth, and investment that is unprecedented in the industry. The power of Aon United is the culmination of a decade-long integration of our capabilities to the deliver the best of our global firm to local clients. From Hudig-Langeveldt, Benfield Group, and Hewitt Associates, to the acquisitions of cut-e, Stroz Friedberg, and The Townsend Group, each has been a building block allowing Aon to better address the needs of our clients. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 5 Public Sector Consulting Experience Aon’s Florida Health & Benefits practice serves 22 Florida public entities, more than 5,000 clients in the United States and more than 10,000 clients globally, including 40% of the Fortune 500. Our success is predicated on our ability to leverage the thought leadership, strategic advice, and ingenuity to bring creativity, expertise, and significant market presence to our clients. Aon brings to the table the optimal combination of project management, analytical skills, innovative consulting, and measurement tools to support the State’s goals of providing proactive, innovative health care concepts to its employees. Aon’s Health and Benefits Public Sector Practice has a mission to leverage our firm’s considerable expertise and intellectual capital to: Enhance delivery of our specialty services and products to all clients Facilitate sharing of ideas, information, best practices and resources Anticipate and communicate challenges and opportunities in the market Develop innovative HR/Benefits solutions of value for our clients Our Health and Benefits public sector practice consists of over 100 practitioners with expertise in actuarial, legal, underwriting, accounting, clinical, data analytics, customer service, information technology, and management. We provide advice and develop solutions for public sector clients of all sizes across the country, representing a broad array of entities: States Education Municipalities Transportation authorities Public utilities Pools Trusts Our team is committed to partnering with the City. By partnering with Aon, we will help you keep pace with the continually changing health care marketplace and lead the way with solutions that connect your long- term health strategy to broader objectives. Our team of industry experts can help you solve challenges in every area of health and wellbeing. With our big-picture perspective, we work with you to shape the State’s programs and benefits to best support your organization and workforce. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 6 b.An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or special expertise your firm has in providing employee benefits and insurance services to clients with similar or related business activities, specifically include experience with self-insured health plans offered by government employers. Include a list of current client relationships (local or otherwise), if not included in your references. Aon’s Florida Health & Benefits practice serves 22 Florida public entities, more than 5,000 clients in the United States and more than 10,000 clients globally, including 40% of the Fortune 500. Our success is predicated on our ability to leverage the thought leadership, strategic advice, and ingenuity to bring creativity, expertise, and significant market presence to our clients. Aon brings to the table the optimal combination of project management, analytical skills, innovative consulting, and measurement tools to support the City’s goals of providing proactive, innovative health care concepts to its employees. Aon’s size of health public sector business is our second largest industry sector. Our Health & Benefits Public Sector practice consists of over 100 practitioners with expertise in actuarial, legal, underwriting, accounting, clinical, data analytics, customer service, information technology, and management. We provide advice and develop solutions for public sector clients of all sizes across the country, representing a broad array of entities: States Education Municipalities Transportation authorities Public utilities Pools Trusts The chart below outlines savings Aon has delivered for Florida public entities: Client Total Eligible Savings Medical $ Managed Ancillary $ Managed Notes $$ Savings School District 25,200 Strong renewal negotiations and marketings produced significant savings over the last few years $16,000,000 $192,200,000 $14,000,000 School District 13,762 RFP Stop Loss savings $1.1 million $132,199,000 $11,131,043 County Government 4,500 Marketing Life and Voluntary Life products plus creative pharmacy changes resulted in strong savings $1,490,828 $76,950,000 $5,180,000 School District 14,000 Rx formulary change, Dental renewal, Rx credit and rebates, Medical audit, Shared Savings, Wellness, On-site reps $5,110,000 $88,387,000 $9,763,696 School District 6,800 Pharmacy Audit, plan modeling, negotiated rate pass on Dental $47,795,000 City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 7 School District 8,500 Medical and Rx Marketing Added value - Rx Audits, Claims Audit, Wellness Credit, On site/Wellness, Communications, Clinical Mgt., Medical Audit, Vendor Truven, Dental Neg $3,416,000 $74,364,000 $7,100,000 School District 6,500 Stop Loss: Marketed and negotiated savings from initial renewal from incumbent VB: Negotiated w/vendor to absorb benefit admin fees Capitation negotiation savings $235,000 $50,000,000 $8,055,000 School District 4,000 Dental RFP negotiations, Rx Audit, negotiated Stop Loss renewal $41,208,000 $809,000 School District 7,000 Medical Negotiation, FSRBC, GASB, VBES enrollment $16,500,000 $56,291,000 School District 35,000 Negotiated Rx, Claims audit, ASO fee $26,200,000 $378,571,000 $30,964,832 School District 2,000 RFP - Life/STD/LTD/Dental, Vision, FSA/Cobra, CI, Cancer, Accident $677,000 $20,251,00 $1,545,656 Aggregate Savings Total $70,728,828 $1,137,965,000 $88,549,227 c.Describe your firm’s efforts to remain current on business and employee benefit issues relating to the City of Clearwater business profile, including industry or association memberships, if applicable. Across our company and within our various lines of business, Aon assumes a highly proactive role in ensuring that our colleagues are updated on legislation and industry trends: Legislative Monitoring. Aon has a research staff dedicated to tracking the federal and state legislative and compliance program developments. This practice’s primary function is to keep both consultants and clients abreast of developing legislative and technical issues, new ideas, and business trends. Trend Monitoring. Aon conducts surveys of major employers to gather primary data and determine trends in benefit plans, their administration, and other areas of human resources. In addition, Aon publishes various white papers and trend reports discussing the latest trends in health care benefits and the human resources industry. Our health and benefits colleagues have access to the information collected through legislative reporting and surveys; they dial in to webcasts and periodic practice training calls; they have access to robust internal databases that house related information; and they receive training through Aon University as well as through on-the-job opportunities. Topics of webcasts, databases, etc., include but are not limited to health care reform, primary data collected through our surveys, new or improved tools, vendor-specific initiatives, and changes. Marketplace Intelligence The marketplace of vendors in the health improvement space is an active and sometimes volatile space. There are numerous emerging vendors in new niche areas that we learn about each week. To stay abreast of the capabilities within this dynamic environment, the Health Transformation Team developed a proprietary searchable vendor database application called Vendor Guide. The Vendor Guide currently includes over 400 health improvement vendors supporting a wide array of health improvement needs. Our Vendor Guide tracks core capabilities, key differentiators, and sample clients and acts as our communication vehicle to share vendor experiences with all our consultants. Vendors update their information at least annually. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 8 By staying close to the marketplace, we can guide our clients to the most successful engaging solutions that aligns with their overarching wellbeing strategy. In addition, Aon is very active in the National Business Group on Health (NBGH). We are the exclusive consulting partner for the NBGH Institute on Innovation in Workforce Wellbeing. We also have a membership in the Institute on Health, Productivity and Human Capital. We are also regular speakers at the different NBGH conferences with our clients presenting new innovation and successful initiatives. Aon also plays an active role in the Health Enhancement Research Organization (HERO), where we co-lead the awards committee, participate in the Think Tank, and contribute to HERO Forum presentations and breakout sessions. Well One In 2021, Aon’s Well One app will be made available to U.S.-based employers. Well One empowers the individual to track their emotional, physical, lifestyle, and financial wellbeing. The user is given an aggregated health score and a separate financial wellbeing score. The tool aggregates the user’s data combined with real-time activity tracking to provide the user with a wellbeing score between 0 and 1,000. Through regular fitness tracking and digital interaction with an online coach, the user can set goals and targets, take part in challenges ,and interact socially with colleagues through the platform. Clients who choose to provide the app to their workforce will gain access to a consolidated health score for the company and measure its evolution over time. They will be able to analyze and compare anonymized data across dimensions such as location, gender, and age bands in a secure way to visualize anonymously the key modifiable health risks among the workforce. In addition, the employer will be able to identify preferred activities and engagement levels among its employees and choose to offer rewards and incentives to motivate its workforce to maintain and improve healthy lifestyles. 2.Identification of dedicated personnel to be assigned to the City. Personnel named in the proposal may not be substituted without permission of the City. Include an estimate of each key person’s allocated time to the City of Clearwater’s account. Include an organizational chart identifying the team and reporting structures. a.Resumes, including relevant experience may be included. We are committed to meeting your standards for responsiveness, quality, and stability—and to do so cost-effectively. We achieve this objective by maintaining one of the largest health and benefits consulting practices with 1,800 colleagues, including more than 270 health care actuaries and actuarial students. At the end of the day, it is the combined talents of experienced individual team members who make the difference for our clients. Our client teams are carefully matched to each proposed engagement, with senior consultants leading each team. Our proposed team will offer best-in-class value by providing the City not only their expertise but also flexibility, openness, and a whatever-it-takes attitude. We have developed a team composed of the members outlined below that will be further supported by our industry-leading analytic tools, databases, and other resources. The City has been assigned a hand- selected team, outlined in the Experience Requirement Section of this Proposal, that has over 200 years of combined public sector experience. Jeff Jinks is Vice President in the Tampa Health Solutions practice and will be the Lead H&B Consultant. As the Lead Consultant, Jeff will act as the Account Executive for all health and benefit consulting for the City. Jeff will work closely with Paul Boutin in developing and executing the City strategy. Paul Boutin is a Senior Vice President within the practice, and also has an actuarial background serving in an actuarial capacity in former roles. Each has over 30 years of large employer and public sector expertise with large school districts and governmental entities. Jeff has held several roles in his 20 years with Aon. Paul has a senior role in the Florida Public Sector Industry Group, which includes the oversight and management of accounts with premium equivalent of over $ 300 million, including Miami-Dade County Public Schools, and is uniquely positioned with not only extensive consulting experience, but actuarial as well. Jeff and Paul work collaboratively on Manatee Schools and Sarasota Schools and will be supported by Emily Alchin, Consultant, Amanda Brooke-Kross, Lead Actuary, as well as the entire Aon City in house dedicated team outlined in this response. All team members have extensive experience with the unique needs of not only Florida Public Sector, but the unique needs of Bay Area public sector clients that will give us unique perspective in serving the City. As described, the City will benefit from our broad Florida Public School District knowledge, expertise, and bench strength. the City will benefit from designated consultants, project managers, in-house actuaries, in-house clinical professionals City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 9 (including pharmacists), and more. This team will leverage Aon’s proprietary project management approach in implementation and throughout the course of our relationship. In addition, we will leverage our proprietary strategic planning process to ensure we are establishing and meeting intentional short-term and long-term goals and objectives. These unique tools have been developed based upon our many years of experience with the Florida School District market - a deep understanding of both public entities and unionized organizations. Name A. Percentage of time to be assigned full-time to this program. B. How many years with this firm? C. How many years with other firms? Jeff Jinks 25% 20 years 12 years Paul Boutin 25% 10 years 20 years Amy Booher 25% 7 years 4 years Emily Alchin 15% 3 years 2 years Amanda Brooke-Kross 10% 12 years 5 years Resumes are included in the Appendix City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 10 Tab 3 - Program Description AND Method of Approach. Clearly define the program offered and your method of approach to include, but not limited to the following elements: 1.Employee Benefits Assessment and Analysis: Provide a summary of your firm’s process in conducting risk assessment and analysis for firms similar to the City of Clearwater. Identify resources to be used, if not already part of the proposed service team. Provide samples of internal or external reports that are a product of such assessment and analysis. Based upon the information currently available, identify areas of emerging risk relative to the City of Clearwater operations, or risk warrants greater attention. Aon confirms providing a medical plan performance review and analysis. Aon also confirms providing after the end of every plan year, a report of the preceding plan year. To meet the City’s short-term and long-term strategic needs, we will deploy our strategic planning tools and benchmarking data. We review your current strategy and work with you on any necessary modifications. This written strategy links the City’s business and benefits strategies. It includes a mission statement and guiding principles to be used to define ongoing benefits tactical decisions. We revisit this strategy annually and update it based on changes in your business and emerging trends. We frame the strategic process as Discover, Develop, Deliver, and Review: •Discover: We will collaborate to understand specific location needs for both yournear- and long-term business priorities, how we can add value to yourorganization, and how we can help you respond to changing market dynamics. Understand your business climate and priorities Discover health and benefits challenges and priorities Define ideal outcomes At the end of this phase, we will have a thorough understanding of how your business climate and employee benefits philosophy provide a framework to alternative strategies that make sense for your organization. •Develop: We will jointly author a plan to define how we will work together duringthe year, outline our commitments to you, and define how we will measure oursuccess. Assess, plan, design, and measure Provide alternatives to address the new health care era Develop a multiyear health and benefits plan strategy A comprehensive employee benefits plan and strategy will be developed to meet both your short- and long-term goals •Deliver: We will follow through on our plan, execute with excellence, and track outcomes. Provide a comprehensive, cost-competitive health and benefits program Use Aon leverage and execution Meet your deadlines A detailed project plan with key deliverables, roles and responsibilities, and milestones will provide you with a clear roadmap of how and when we will deliver our commitments to executing your strategy. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 11 •Review: We will continually seek your input on how we are doing—both through informal feedback sessions andannual surveys. Evaluate Aon team and program performance Align with your changing business priorities and challenges Deliver the Aon Client Promise® An outstanding client stewardship requires frequent validation that we are keeping our commitments and meeting your needs. Our regularly scheduled client meetings, formal feedback from you, and our client surveys will help us to make sure we continue to meet and exceed your expectations. Market Assessment and Analysis Aon invests more than $10 million annually to build and maintain the most extensive health care and general benefits databases. During the Discover phase of our strategic planning process, we use our extensive industry-leading surveys and benchmarking tools to develop a competitive multiyear strategy and plan design. We begin by analyzing the competitiveness of the City’s current plans and identifying areas for improved cost and purchasing efficiencies. This information will provide a quantitative basis for your decision-making process as we evaluate potential changes to the current program. Descriptions of our benchmarking tools follow: Aon Bench Aon Bench is a proprietary Aon database that captures benefits information for 624 clients and 1,933 medical, dental, and vision plans offered by our clients (as of February 2019). This platform will provide the City with market insights and a measure of how your benefit programs compare to the competition. Data is available for medical (including prescription drug), dental, and vision plans across a variety of industries, regions, and employer sizes. The type of information available via Aon Bench includes: Cost information: Premiums, employee contributions, employer subsidies Specific plan design features: Deductibles, various copays, in-network benefit coverage Aon Bench features statistical distributions, attribute-by-attribute comparisons, and holistic summaries that tie in the financials with plan actuarial values. These features are integrated with Aon’s actuarial valuation models. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 12 The following is a screenshot of a sample summary provided by Aon Bench: Since its inception in the fall of 2014, the Aon Bench database has seen consistent double-digit growth YOY. As a result of significant improvements in the data collection, we have been able to make current year results available two months earlier than the prior year. Aon’s Benefit Index® Aon’s Benefit Index is our analytics tool for benchmarking the competitive value of benefit programs and modeling the impact of potential changes. Benefit Index is developed from one of the largest, most up-to-date benefit plan specifications database in the U.S. and contains summaries of benefit plans from more than 1,000 organizations across a variety of industries, geographies, and employment populations. By comparing your organization’s benefit program to our vast database, you gain invaluable insights and information. Peer Group Comparisons Benefit Index uses actuarial techniques to compare your organization’s benefits to the programs of your selected peer group. The methodology is based on relative values calculated from plan specifications—not cost—eliminating a common source of bias. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 13 The resulting analysis details all major benefit areas, including: Health care Retirement Disability Death Paid time off Analysis at a Glance Each comparison is accompanied by an easy-to-understand “speedometer” illustrating whether your benefit programs are below average, average, or above average. You will also see how your programs’ total value stacks up against that of similar organizations. You can further refine your report to reflect different scenarios, such as future design changes, or create comparisons with Fortune magazine-ranked companies. Answers to Pressing Benefits Questions •With Benefit Index, you receive answers to such critical questions as: •What is the competitive value of ourbenefits? •What are leading employers doing withtheir benefits? •What percentage of the market is movingto consumer-driven health care plans orexchanges? •Which employers have open pensionplans? •How can we make sense of our conflictingbenefit plans resulting from a merger,acquisition, or joint venture? Additional Benchmarking Tools Along with Benefit Index, you gain access to an additional, interactive, internet-based tool: Benefit SpecSelect™ performs quick-and-easy benefit comparisons with any organization(s) in our database and access the latest summary prevalence data. Aon’s Benefit SpecSelect Aon’s Benefit SpecSelect provides quick-and-easy benefit design comparisons with the programs of any organization in our database. Today’s benefits challenges include an increasingly diverse workforce with a wider range of needs, new legislation, and constant pressure to enhance value while lowering costs. Benefit SpecSelect helps tackle those challenges head-on by providing access to the latest summary prevalence data and the ability to perform custom comparisons. 0.27% 12.38% 30.10% 10.42% 72.40% 53.16% 23.69% 2.32% 0%10%20%30%40%50%60%70%80% Other Traditional EPO Traditional HMO Traditional POS Traditional PPO Account-based HSA Account-based HRA Indemnity Percent of EmployersType of PlanSample Data—General Medical Plan Prevalence by Type of Plan City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 14 Gain Valuable Insights Into a Wide Array of Benefit Offerings Benefit SpecSelect gives you access to critical benefit information pertaining to: Health care (active medical, prescription drugs, dental, vision, hearing, and retiree medical) Retirement income (defined benefit and defined contribution) Disability (short-term and long-term) Death (group life, survivor benefits, and retiree life) Paid time off (holidays, vacations, and PTO banks) Work/life benefits Part-time benefits Learn How Other Organizations Are Responding With Benefit SpecSelect, you will receive insights into actions peers and competitors are taking such as: What are employers charging employees for health care coverage? How many employers have added health care exchanges? How prevalent are PTO programs? What are employers doing with retirement income plans? City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 15 Create Customized Benefit Comparison Reports Internet-based and highly interactive, Benefit SpecSelect gives you the versatility to compare organizations based on a number of classifications: Employee group (salaried, hourly, faculty, etc.) Industry Company type State or metropolitan area Total sales Size of employee population Fortune 500 rank Standard & Poor’s 500 You also can create multiple customized peer groups by selecting the specific organizations that are most appropriate for your analysis. You may then view company-by-company plan design details and plan prevalence summaries for your chosen peer group. City of C learwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 16 Aon’s Surveys Aon surveys have become industry standards for gathering directional data about cost trends, strategy, and design features of employer-provided health care and other benefits. We will use the results of these surveys to give the City perspectives on what employers are currently doing and what they are planning in broad and specific areas of health care—to craft your strategy and multiyear roadmap. In addition, we are able to filter these results by industry type and provide industry-specific perspective. The key surveys we will use on the City’s behalf include: Aon’s Health Care Survey—Aon administers our proprietary Aon Health Survey to collect health plan insights from employers of all sizes, geographies, and industries. Responses provide a statistically valid, comprehensive view into current and emerging trends, broadly addressing employee health from a health and benefits perspective. The tool offers a variety of benchmarking capabilities to uniquely understand and prioritize future opportunities as opposed to looking backwards. In our most recent survey, more than 315 employers shared their current strategies and tactics as well as what they hope to implement in the future. Our survey report assessed four emerging themes: •Overall Satisfaction: Satisfaction with health and benefits strategies is neutral, but respondents are optimistic todriving improvements to existing plans. •Evolutionary Versus Revolutionary: Firms often cite they want to take their strategies from good to great butnot many aim to be innovators. Securing budget for new projects and working with the right vendors is critical inmoving beyond traditional practices. •Health Ecosystem Approaches: Not often a part of current plans but interest is high to incorporate variousapproaches in the next three to five years, including data analytics to drive in-the-moment information (48%) andredirection to optimal provider with site of care (48%). •Employee Experience: Firms are doing more with their plans to improve the employee experience, but firms areinterested in tools for employees to access their information, particularly digital navigation and consumerengagement platforms (46%). The Aon Health Survey is one of the many resources available to empower our colleagues to provide superior consulting advice and support. Annual Retiree Health Care Survey: Aon conducts an annual survey to understand plan sponsors’ current thinking and future expectations with respect to U.S. retiree health care strategies. The survey specifically focuses on plan sponsors that offer health care benefits to retirees and their families and their current and expected ongoing strategies related to the retiree health care aspects of federal health care reform. Consumer Mindset Survey: As a counterpoint to the employer perspective, we’re a partner in the Alight Consumer Health Mindset Study® along with Alight Solutions, the National Business Group on Health, and Kantar Consulting. This study explores the health attitudes, motivations, and preferences of consumers across the U.S. as they use their employer-sponsored health plans and wellbeing programs and maneuver through the broader health landscape. CDHP Survey: We conduct an annual CDHP survey to collect information on the plans offered by our clients across our health and benefits, health and welfare administration, and communication consulting practices. Our survey database represents results for approximately 130 large and 261 mid-market employers. Our survey data also spans over a 10-year period, allowing us to truly capture and analyze trends. Our consultants review the findings of the CDHP survey to better partner with clients to design an effective CDHP program. Pharmacy Benchmarking Tools Benchmarking Tools for Market Checks and Renewals: Aon maintains a library of over 100 proposals available for clients of various sizes and financial arrangements. Proposals with detailed discount, dispensing fees, rebates, and administrative fees are used to benchmark clients’ financial arrangements to determine competitiveness of current contract. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 17 2.Marketing: Describe your firm’s proposed marketing processes and strategies. Provide comment on current program structure and pricing (to the extent possible) with particular emphasis on your firm’s assessment of the insurance market. Include identification of resources that are not part of the proposed service team. Provide a suggested listing of markets that may be considered for each major line of coverage, including your rationale for such a course of action. Include any intermediaries to be used and your relationship with those companies. (Note: The City is requesting a sample only of the markets that your company would use for an account of the size of Clearwater). Aon has worked and supported public entities in various manners throughout vendor RFPs and procurement processes. We understand the process, the key stakeholders, and the commitment needed for successful results. The first step is to develop a detailed RFP based on your benefit strategy and proposed plan design. We will rely on our extensive experience with other bid projects and on-site vendor evaluations to develop this RFP. Our vendor selection services include the following components: Strategic assessment—It is important that we spend time with the key stakeholders. In a directed meeting, we will work together to determine your key requirements, discuss future needs, and leverage our experience and expertise to help define the criteria we will look for in evaluating and selecting a successful vendor for you RFP development—Based on the strategic assessment, we can build a formal RFP that addresses those needs specifically RFP evaluation—You can expect a thorough evaluation of the RFP process to be presented to the county in a formal, in-person meeting. The evaluation will be based on a formal “scoring criteria” that we would have vetted and developed during the Strategic Assessment process. A typical RFP evaluation will include the following: Evaluate financials and cost components Work with the City’s senior staff and procurement departments Help compare and analyze all responses, focusing on financial issues such as network discount, claims processing fees and network access fees (self-funded), and premium rates (fully insured) guarantees. The Aon team understands the complexity of a public procurement. We know how to analyze proprietary information using the best procurement processes Provider networks and network disruption. Access to medical providers is a critical feature in the design of any healthcare program. If employees and their dependents cannot access physicians (both primary care and specialists) and hospitals readily, they are unlikely to use the network, thus seriously compromising the program’s ability to achieve long-term savings Understand how the current fees compare with the market. As part of a recent review and negotiation for medical claims processing services, we compiled the current rates for many of our state clients, which enabled our client to benchmark their current rate and lead to a more informed negotiating position Review the non-financial, qualitative issues identifying the relative strengths and weaknesses each organization possesses in its ability to administer the healthcare program Contract negotiations and contract terms—Aon assists our state clients in most contract renewals and negotiations. We have the market presence and client relationships to know what “the going rate” is and to assist our clients in leveraging their position (usually as the largest, by far, employer group in the state) to get the most effective rates possible Finalist meetings—Aon will lead finalist meetings with up to three finalist vendors City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 18 Vendor selection—At the end of the finalist meetings, we will work together to make a final recommendation on a vendor partner for the City Market Leverage Throughout our history, Aon has built a reputation on delivering high-quality, financially impactful, market-bidding results. Our client teams and Actuarial practice work in harmony during the bidding process to accurately common-size vendor responses, identify hidden fees (i.e., shared savings retained by the vendors that are billed through claim wire transfers), and to highlight pricing or plan provision deviations warranting further vendor negotiation. As a firm, we pride ourselves on establishing strong, lasting relationships with every vendor with whom we collaborate. Given the importance of our relationships with the vendor community, we have created the role of Chief Broking Officer to lead our firmwide view of how Aon and the health plans collaborate across consulting, benefits administration, and our private exchanges. Our clients spend over $100 billion in medical premium/premium equivalent volume annually, including $6.5 billion in lines such as life and disability, vision, dental, and stop loss. Volume of this magnitude grants us unprecedented access, innovation, pricing, and contract terms with insurers and service providers. For example, due to the size of our book of business, we were successfully able to implement the nation’s first multicarrier, fully insured private health care exchange, which includes all major insurers and HMOs. Our leadership, locally and nationally, regularly meets with each of the carriers and vendors in the marketplace on client-specific matters and for general information-sharing purposes. We sit on the major broker advisory panels and host senior leadership meetings twice a year to exchange strategic and innovative ideas with health plans and other vendors. We have developed efficient working relationships with all carriers. Our online interfaces for renewals and eligibility transmissions and the streamlined collection of RFI/RFP information on a national basis have proven to be mutually beneficial for our clients and their carriers. We encourage you to ask your carriers about their impressions of Aon. We know they will have positive things to say. Structured Portfolio Solutions (SPS) Another market leverage advantage we will offer the City is the ability to market non-medical plans through our newly developed Structured Portfolio Solutions. Aon created a cost effective and innovative way to deliver non-medical coverages like group life insurance, disability, and voluntary benefits to employees. This is done via a select panel of insurance carriers, Aon’s Structured Portfolio Solutions, that compete aggressively for our clients' business. While results vary by client, we are seeing double digit pricing decreases in certain instances. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 19 Our Health and Benefits practice established our Structured Portfolios to drive the following objectives: Innovation. (And Best-in-Class Carriers) Aon is the first Health & Benefits consulting firm to improve client service and value by establishing strategic panels of insurers— carefully selected through a comprehensive and transparent process—to drive carrier competition and innovation. In partnership with these carriers, we will continue to offer new solutions to benefit our clients. Value. (Better Terms & Conditions) With each participating carrier, we negotiated market-leading coverage enhancements, terms and conditions generally unavailable in the open insurance marketplace (i.e., only available through Aon Health Solutions). Efficiency. (Streamlined Process) We centralized the renewal and RFP transactions across benefits coverages to drive efficiency and promote product expertise, further increasing value to our clients. Excellent Service Dedicated team offers product expertise and consulting services Guaranteed service and performance standards Market-leading quality assurance City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 20 Our subject matter experts (SMEs) and specialty practice leaders have been deeply involved in the development of the coverage enhancements and requested service level agreements to ensure we have attained the best possible outcomes for our clients. The concept focuses on panels of selected non-medical insurance carriers and administrative service vendors to provide services to Aon clients. SPS Savings Since we launched SPS in late 2012, we have seen significant savings each year for our large and middle market clients. Our most updated savings results for policies placed with effective dates from 2/1/2015 to 1/31/2016 are highlighted below. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 21 About Our SPS Carriers Aon's SPS insurers are market leaders with a proven record of meeting the needs of employer and their employees across geographies, industries and company size. SPS has established National Carrier Relationship Managers for all of our carriers to assist in escalations you may have. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 22 b.Data Management: Provide commentary on the projected needs for the City of Clearwater relative to data management and your firm’s approach to meeting those needs. Include resources or systems that might be utilized to enhance this area of benefits management. Aon offers the following financial analysis services: •IBM Watson •Actuarial Modeling Suite (AMS) •Experience Monitoring Reporting •Data Forensics & Intelligence •Pharmacy Financial Analysis IBM Watson Aon has expertise in the arena of data analytics. We invest millions of dollars each year, infusing powerful data analytics into our solutions. Our Expertise. A key facet of our approach to measurement and monitoring is that we have a dedicated Data Forensics & Intelligence (DFI) team. Part of our larger Innovation practice, DFI serves as the data warehouse experts for the Heath & Benefits practice. This team of data-savvy experts has deep experience with various data warehouse decision-support tools available in the industry, as well as knowledge of health, wellness, risk, productivity, and absence data. They have strategic relationships with many of the well-known data warehouse vendors, and we currently manage close to 300 employer clients’ data (~4 million lives worth of experience) across more than 150 disparate data sources on a monthly data update basis. DFI remains abreast of best practices and emerging capabilities in this space, and they partner directly with the local client teams/consultants to identify actionable opportunities and drive greater value in our client engagements. Our Solution. By partnering with Aon, the City will have direct access to management-level reporting tools available from IBM Watson. IBM Watson’s Dynamic Health Insights (DH) tool will provide insight into your workforce’s changing demographics, help you pinpoint what is driving costs, and call out areas on which to focus (e.g., are members receiving appropriate care in the appropriate setting? What conditions should be targeted for disease management?). The data visualization tool features: A summary dashboard of key metrics Opportunities for trend migration “Drill-down” functionality by location Ability to view data at specific executive level rollups City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 23 What Will the City Receive? You will receive more. Data analysis/reporting is a vital component to establishing plan designs—this we know. We also know that our clients would benefit from more consolidated, comprehensive reporting that integrates key metrics across all vendors/carriers. As a result, Aon developed an interactive reporting package that leverages leading indicators demonstrating how the employer clients’ health and risk are tracking, incorporating a manageable number of measures that are understandable and evidence-based. Our new, more aggressive approach to data warehousing turns on “more” with IBM Watson while also leveraging more of Aon’s internally developed analytic solutions with more direct access to data. •Best-in-class data management support through the pre-eminent data management organizations, Health Analytics(now owned by IBM Watson) has been in the data management and data quality business for almost 30 years •Monthly data warehouse updates •Client and client team has access to interactive, web-based reporting •IBM Watson’s differentiated, value-added methodologies (i.e., med/drug episode groupers, gaps in care rules andquality measures engine, and DxCG predictive risk score models) will be at our fingertips and also updated on amonthly basis Actuarial Modeling Suite (AMS) A number of our proprietary actuarial tools and models are considered the leading tools in the industry. These tools and models are used in our consulting work with hundreds of major organizations to evaluate costs, set budgets, model plan changes, analyze risk thresholds for large medical claims, compare benefit plan designs, produce financial reports, and establish contribution requirements across all benefits and health plan designs for active and retired employees. The data supporting these models represents more than 17.4 million members and over $63 billion in claims data. All of Aon’s tools and models are proprietary tools owned by Aon. They are developed alongside software developers by Aon actuaries with a unique skillset of both actuarial expertise and model building. Maintenance and enhancements are performed by the teams dedicated to supporting these actuarial models. Our overarching objective is to allow our actuaries to devote more time to analyzing risk, examining alternative strategies, and consulting with our clients. Our web-based Actuarial Modeling Suite (AMS) platform is the new market-leading standard in the industry, and it takes actuarial consulting to the next level. This proprietary technology was developed by Aon and we are the only consulting firm using this platform. The AMS platform streamlines actuarial modeling, enhances our consulting capabilities, minimizes risk of errors, and provides deeper insights for more meaningful and strategic discussions with our clients. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 24 Highlights of the platform include: •Web-based platform with interconnected models •Actuarial data hub—One repository that holds inputs and output for all of the models •Powerful, easy-to-use interface that enables consultants to run multiple scenarios quickly and accurately •Built-in safeguards, data and quality checks •Robust benchmarking to identify emerging benefit and pricing trends •Automated generation of output, from analyst-level to executive client summaries •Integrated workflow and peer review documentation These features of our new AMS platform empower Aon to access our full analytical capabilities to resolve client issues, faster and more effectively than ever before. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 25 Actuarial Value Model The Actuarial Value (AV) Model tool allows us to develop consistent relative value factors associated with unique plan designs. Using this proprietary tool, we are able to establish a baseline of current plan value and quantify the plan cost impact of potential design changes over time. Plan relative values are fundamental to projecting future plan costs and are incorporated into our pricing model when developing gross cost forecasts for plan year budgeting. This relative value model is built on a base of $50 billion of self-insured claims data across 12 million members. Claims are organized by service category into various continuation tables to support the valuation of plan design changes. The AV Model helps to create and refine costs for medical, prescription drug, behavioral health, vision, dental, and disability plans. One of its most significant features is its ability to model the financial implications of any plan design changes. It can determine the impact of moving from copays to coinsurance, of changing deductibles, of out-of-pocket costs, or of changing drug designs. The AV Model offers unparalleled benefit valuation flexibility and contains the following features. •Cloud-based solution evaluates plan design based on a representative sample of 12+ million members in a matter ofmilliseconds •Advanced parallel calculation engine with the ability to evaluate complex multi-layer plan designs, and interactionsbetween deductibles, out-of-pocket maximums, and cost-sharing provisions •Integrated Affordable Care Act Minimum Value (60% AV test) Calculations •Model can be calibrated and customized to match any underlying population or claims distribution through granulardemographic, geographic, utilization and price adjustments •Advanced sharing features allow each consultant to work with the same designs without passing around Excel files,thereby eliminating document control concerns •Full integration with all our benchmark reporting tools City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 26 Aon Architect® Aon Architect® is a new and industry leading, innovative and efficient solution for plan design and contribution modeling. It enables quick identification of the most cost-effective and attractive combinations across 500,000 different program combinations. Plan recommendations are based on your actual population demographics and our proprietary employee perception index, allowing you to accurately balance cost impact with employee appreciation. Analysis and recommendations can be easily customized in seconds, without any back-office involvement. What used to take days and weeks can now be accomplished in a single meeting with Aon Architect. Aon Architect offers plan design and contribution modeling to enhance value from benefits dollars. Experience Monitoring Reporting The Experience Monitoring Reporting (EMR) package, which is customized to the City’s specifications, is delivered and reviewed monthly. The EMR provides feedback on how your plan performance is emerging relative to budget expectations and industry trend benchmarks. The report is divided into the sections referenced below: •Executive Summary—An overview of the full array of data findings and analysis •Rate Adequacy Analysis—A 24-month running total of paid claims by plan, incurred claims, premiums and loss ratios,and a year-end projection •Plan Performance Analysis—A comparison of the financial performance of your plans •Rate Action Analysis—A rate projection for the upcoming year compared against the final rate action implemented •Incurred But Not Reported (IBNR) Analysis—A detailed analysis of the true claim lag triangle reports provided by theclaims administrators •Experience Detail—By plan and member status Reporting is available 30–60 days after the end of the month, depending on timeliness of vendor reporting. Your account team is available to meet with your vendors to discuss program results and to develop remediation plans. In addition, the work we do in developing these reports allows us to quickly respond to your needs for ad hoc reporting requested by the City’s accounting/finance, human resources, and executive management. Data Forensics & Intelligence Aon welcomes the opportunity to demonstrate our unique ability to immediately, and seamlessly become an extension of the City’s data-based solution team. Aon’s Data Forensics & Intelligence (DFI) team offers an ideal blend of: Local market knowledge National scale Leverage Industry-leading thought leadership Innovation Subject matter expertise Our DFI team consists of approximately 30 data informatics experts who excel at assessing customer’s data-based needs (particularly non-standard projects), and ensuring both internal and external customers receive a high value return on their investment. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 27 DFI team features: Diverse mix of data managers, certified project managers, data warehouse experts, reporting analysts,SAS/SQL/Tableau/VBA/MS Office Suite programming experts, statisticians, actuaries, health economists, informationtechnologists, and custom solution architects Deep understanding of health, risk and productivity data — including medical claims, prescription drug claims,eligibility, health risk questionnaires, biometric screening results, health improvement program participation (lifestylemgmt., disease mgmt., case mgmt., etc.), absenteeism, disability, workers’ comp, attitudinal/behavioral trait data, andother related data sets Access to software and hardware resources to securely store and process large, detailed data files – longitudinal,multi-million record data sets Collaboration with experts from the various parts of the organization; integration with data-driven parts of Aon (AonRisk Solutions, Aon Absence Management, pharmacy practice, actuarial teams, etc.) DFI team members located across the country (including virtual connectivity points to our Singapore Innovation/ToolsTeam and our Aon Canadian Data Analytics Team) with offices in Chicago, New York, Connecticut, Kentucky,Atlanta, Boston, Missouri, and Wisconsin A key part of Aon’s differentiated approach to more aggressive measurement/monitoring is that we have a dedicated data warehouse team (part of our Data Forensics & Intelligence practice) responsible for the success of engagements that employ complex data warehouses (we currently manage over 200 employer relationships through these strategic data warehousing initiatives). More specifically, our data warehouse team works with local Aon client team members to help clients optimize the data warehouse investment by identifying actionable opportunities within the data/tools. Our data warehouse team serves as the data warehouse experts for Aon by constantly staying abreast of best practices and emerging capabilities in this space. They partner directly with local client teams/consultants to drive greater value in our client engagements. Members of our data warehouse team are extremely data savvy and have experience with health, wellness, risk, productivity, and absence data. Each team member has experience with the various data warehouse decision support tools (e.g., IBM Watson, Ingenix/Optum, Verscend Technologies, DHS, HCMS, HDMS, ProfSoft). In addition to being knowledgeable with analytic capabilities, the team is well versed in behind-the-scenes data architecture and corresponding data management operations. c.Program Design: Provide a brief summary of potential program designs that may be appropriate for the City of Clearwater for the major lines of coverage. Include the rationale for your suggestions. Given the information provided, identify your firm’s key strategies in evaluating the optimum alternatives for the City of Clearwater in the major lines of coverage. Over the next three to five years, health insurance will continue on its course of becoming more highly regulated. It is unlikely that the Affordable Care Act will be repealed or modified in the near future. Thus, health care policy will be driven by the Affordable Care Act's three policy goals—health care access first, cost reduction second, and health improvement somewhere down the road. The Aon Health & Benefits Legal Consulting Group (H&B Legal Consulting), consists of more than a dozen attorneys, paralegals, consultants, and analysts with an average of 15 years of legal and consulting experience. Our team is well versed in ERISA, COBRA, HIPAA, the Affordable Care Act, and DOL regulations. We will provide an objective and unbiased analysis of the impact of proposed legislation and regulations for the City. Absent the still unpredictable structure and outcome of a repeal and replace effort, we expect the following trends to shape the market over the next three to five years: •The shift from fee-for-service to value-based payment arrangements will continue City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 28 •Mergers and acquisitions in the health care arena will continue (especially hospital and provider systems) and potentially increase •Drug costs will continue to accelerate, especially specialty drugs, prompting more calls for legislation and potentialgovernment intervention •The demand for care will continue to increase as the population ages and more individuals enter the workforce withone or more chronic conditions •Affordability will continue to be a concern, with deductible levels exceeding available savings for an increasingly largepercentage of the population •As health care costs increase, employers will have more difficulty offering benefit packages that are both costeffective and truly differentiated from the competition •Employers will focus on the employee experience and offer broader total rewards choices to accommodate the needsof the multigenerational workforce •Increased levels of quality and cost transparency will allow employers to steer more individuals and a greaterpercentage of spend to the highest-performing providers •More employers will explore and offer local solutions involving ACOs and clinically integrated networks •Individuals who use the health care system or anticipate needing to are going to increasingly insist on a rational,personal, caring, and simpler experience that is based on real data that distinguishes one provider from another onboth clinical outcomes and episode costs. Wellbeing Aon has a specialty team within our Health Solutions practice that focuses exclusively on population health improvement consulting services called the Health Transformation Team. This team focuses on both U.S. and global multinational clients. We currently have over 35 members of our Health Transformation Team across the U.S. Our team’s average number of years of experience is 12 years and in our senior ranks, it is over 20 years. Our services range from deep dive analytics and assessments to strategy, tactical design, vendor selection and management, and measurement and evaluation. Our Health Transformation Team offers comprehensive collective intelligence due to its diverse subject matter experts, including exercise physiologists, registered dieticians, and individuals with advanced health care degrees in behavioral economics, public health, and health care economics. The team also has a breadth of clinical expertise, including MDs, RNs (master’s and Ph.D.), physician assistants, and psychologists. These professionals work hand in hand with our clients to effectively and uniquely address population health and wellbeing. We are a recognized global leader in the wellbeing consulting space. We invest in our people and continually enhance our approaches, tools, and services to be leading the industry versus following it. One area that we believe sets us apart is how we work as a cohesive team internally and with clients. We work hard, establish strong communication lines, listen thoroughly, create high quality deliverables, and have fun. We push the industry to change, so you achieve better wellbeing results for your population and organization. The core mission of Aon’s Health Transformation Team is to help clients create innovative strategies and tactics to improve the health and wellbeing of their workforce, reduce the risk of chronic disease, and increase employee performance. We are dedicated to innovation and believe our firm helps shape the market using an integrated vision across all lines of business to deliver market changing approaches. This process brings together different expertise and skill sets of subject matter experts, market leaders, and business disciplines to brainstorm, identify, and deliver solutions. Aon is committed to ongoing innovation and keeping our clients up to date on new and upcoming wellbeing market trends both in the U.S. and around the globe. At Aon, wellbeing is regarded as a state of balance that consists of having the appropriate resources, opportunities, and commitment needed to achieve optimal health and performance for the individual and the organization. We don’t see wellbeing as just a program but as a people and performance strategy that is imbedded in daily work, life, and organization DNA. We typically focus on four dimensions of wellbeing: Social: connections to others; Emotional: attitudes and reactions to everyday living; Financial: confidently managing every day and future finances; and Physical: energy to complete daily living tasks. We believe that these dimensions are interrelated and therefore should not be looked at as individual program silos. Instead, these dimensions are used in identifying and focusing a behavior by working it across all dimensions of wellbeing to have the greatest impact and engage both the individual and the organization. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 29 Pharmacy Financial Analysis Overview Aon ensures the financial, operational, and clinical management of your program is functioning effectively, and that your PBM is held accountable for delivering what they have contracted and those items they have promised. To this end, we perform the following analyses: Reports, Benchmarking, and Trend Review Rebate Validation •Rebate validation validates that annual rebate guaranteed minimums have been paid according to the contract •Calendar-year claims are matched against Aon’s MediSpan subscribed NDC database to identify eligible rebated claims (brand status typically) •Review client’s contract for any exceptions to rebate guarantees or language impacting rebate payments •Review client’s annual rebate reports (from the PBM) and payment reports compared to contract guarantees andabove claim counts •Calculate the expected guarantee and compares it to the PBM’s reports to determine if guaranteeshave been satisfied Plan Performance Review and Benchmarking •Provide semiannual prescription program reports (PPRs) and drill-down reports in key utilization categories (e.g., topdrugs and top therapy classes by utilization and plan cost) •Provide client with benchmark comparison to the industry/Aon book of business •Provide up to 10 hours of ad hoc reporting •Recommend clinical and/or plan design changes to improve plan performance, as needed High Cost Claims Report and Clinical Analysis •Aon will provide a high-cost claims report twice per year that includes the following components: o Claims over $3,500 (all types) o Claims over $1,000 that are not specialty medications o Claims for medications with the greatest AWP increase o Claims from top 10 compounding pharmacies (compound and non-compound) o Recommendations on the high cost claims, including alternatives and action steps to recommend to thepharmacy benefit manager (PBM) Plan Design Review •Collaborate with the City and your PBM to discuss clinical programs and potential benefit changes, as applicable •Provide insight into innovative programs available in the marketplace or observations about formulary managementstrategies, clinical program offerings, and benefit design Clinical Programs Review •Review clinical programs for efficiency and performance •Define performance as inefficient when the program expense negates plan savings or when the program does not achieve the desired behavioral change Market Check, Renewal, and RFP Financial Tool Aon collects actual claim experience for the analysis and use our Pharmacy Financial Forecasting Model (PFFM)—the proprietary tool that we rely upon for financial evaluation and negotiation. This model uses actual utilization data to project future prescription drug costs under competing pricing offers, allowing for a detailed side-by-side comparison of vendor financial proposals. Steps in our analysis include: •Develop baseline cost projections based on the current PBM financial arrangements City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 30 •Evaluate bottom-line projected costs under each bidder’s proposed financial offers, using forecasting assumptions agreed to •Develop a line item comparison of financial offers by each financial guarantee component We have also developed proprietary tools to monitor: •Top utilizers by spend •Top mostly used drugs •Utilization by certain drug class or category •Trends over a certain time period. Outcomes of the Pharmacy Services •RFPs: Our RFP outcomes have delivered best in class contractual terms and outstanding financial value for our clients. Our holistic approach addresses known PBM financial gamification based on almost 50 claim level inclusion/exclusion tactics on that PBMs use to artificially inflate discount and rebate guarantees. Getting the level of detail that we request in our RFP enables us to account for variables within the financial analysis process to ensure that the results are reflective of the true value of the deals that you will be seeing in the marketplace. In addition to addressing the financial concerns during the RFP process with our quantitative questionnaire, we also have a robust qualitative questionnaire. This is meant to address a host of potential issues you can experience during your partnership with the PBM and focus on the operations of the formulary, network, clinical, billing, account management, and member service aspects of your plan. •Market Checks and Renewals: As part of the RFP process, Aon will request Market Check language to be included in your contract. During both the Market Check and Renewal process, Aon is able to leverage our database of deals to negotiate market-based pricing on your behalf to ensure that your discount, dispensing fees, and rebates are in line with market expectations without having to go through the full RFP process. During the Renewal process, we are also able to negotiate further contractual language improvement in areas that had not been addressed before in addition to address ongoing PBM concerns or potential new market dynamics that were not a consideration prior to that point. •Audits: As part of promoting the financial wellbeing of your benefit, we also offer a whole suite of audits. Specific to financials, we regularly perform financial and rebate audits on our clients’ behalf. These audits are meant to ensure that all of the previously negotiated financial terms are working in line with expectations and that there haven’t been any ongoing issues on how the PBM is adjudication and reconciling your claims and rebates. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 31 d.Communications: Describe formal and informal communication processes for the City of Clearwater. Include proposed schedules of key meetings, timelines, and other process mileposts for the proposed client service. Include any proprietary client communications that may be appropriate and available to the City of Clearwater to facilitate communications. Describe your firm’s capability of producing annual benefit statements and open enrollment communications for employees. Aon’s Communication Solutions are designed to engage all employees while elevating their benefits knowledge. Through our exclusive three-tiered approach—Awareness, Education, and Enrollment—Aon strives to alleviate the complexities and stress of benefits communication through multiple methodologies and platforms. Our engaging communications help you present a concise overview of the benefits, helping employees make informed decisions when enrolling in their benefits. Aon designs and executes high-quality communication campaigns for each client. These campaigns not only promote the enrollment event, they also build enthusiasm and begin the educational process by explaining benefit plans in a concise, reader-friendly format. For mid-sized clients, we provide our Design Series communication prototypes. These standard- yet-customizable templates present a fast and economical solution, giving clients with a limited budget and defined objectives the advantage of our experience and expertise A themed campaign consisting of frequent communications via multiple methods has tremendous power to increase employee knowledge, participation, and satisfaction. Your Aon consultant will guide you through a communication development process that takes four to six weeks, depending on the scope. All documents are delivered as high-resolution “print-ready” PDFs (unless otherwise noted in the ultimate agreement). In addition, if you need printing, fulfillment, and/or translation services, we can help with that, too (for additional fees and up to one to three additional weeks in the schedule). City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 32 e.Other Services (Optional): Provide a brief summary of other services available from your firm that may be appropriate to the City of Clearwater consideration. Responding to COVID-19 With the global spread of the coronavirus disease (COVID-19), Aon continues to closely monitor the situation based on the latest guidance from the World Health Organization (WHO) and other public health agencies in cooperation with our country and regional leaders to take precautions to help protect the health and safety of our clients and colleagues. Aon has prepared content and resources to help clients think through these issues at our Coronavirus Disease COVID-19 Response Site https://www.aon.com/event-response/coronavirus.aspx. We encourage you to access this site for insight and services that can help mitigate the risk, drive operational resiliency, and support duty of care for employees. Aon’s COVID-19 Employee Impact Model (EIM) provides the City an estimate of the short-term impact of COVID-19 on your employee population using your census data and real-time updates to help you manage the challenges presented by this pandemic. The model is informed by epidemiologic model sources, reflects social distancing measures taken by local governments, and has separate versions for a U.S. workforce and a global workforce. Since release in April 2020, the EIM has been used across 100+ employers with sustained interest from both ongoing and new EIM clients. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 33 Key Features of the Model Now on our “2.0” version, the EIM release includes these features: •Extended forecast period through the end of 2020 and continued updates into 2021 •Visual heat map to reflect the latest COVID-19 risk by geography: Green/Yellow/Red areas •Ability to calibrate assumptions to emerging client experience •New “real-time” epidemic spread metrics and transmission rate scenarios •Additional visualization and validation charts •Adjust for essential employees and industry-specific infection exposure •Model infection peak for each employer group •Estimate the number of mild cases, hospitalizations, ICU visits, and fatalities based on specific populationdemographics •Model impact of mitigation measures and mitigation end date •Refine lockdown and mitigation controls by geography, enabling increased insights into the timing of future wavesand return to work scenarios •Estimate healthcare costs associated with testing and treatment (U.S. only) •Identify medical and pharmacy claims cost offsets (due to utilization reductions during lockdowns and whenlockdowns are lifted) •Estimate employee days lost by case severity •Estimate cost of time away by case severity, including sick time, short-term disability, caregiving time away, andworker replacement costs •Project hypothetical workers’ compensation costs for medical and lost time for COVID-19 claims •Powered by a cloud-based platform always updated with the latest data and forecasts Cutting-Edge Data Modeling The COVID-19 Impact Model forecasts are based on geographic-specific infection rates and advanced epidemiologic models from the U.S. Centers of Disease Control and Prevention (CDC) and The COVID Tracking Project as well as consultation with national carriers and labs. Sample Model Results The model results allow you to select a date to see projected cases and medical claims cost for your employee population. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 34 How Aon Can Help In addition to the City’s real-time COVID-19 impact results, we can help you leverage the data to make strategic decisions about your workforce, including benefits costs, time off, and paid leave. The model offers broad applicability, and its functionality and scope are rapidly increasing over time. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 35 Time Away and Life Solutions Aon’s dedicated Time Away and Life Solutions team is a consulting leader due to the solutions we bring to clients and the depth and breadth of our subject matter expert consultants who are focused on and specialize in paid and unpaid time off, family medical leave, and life and disability programs for clients throughout the country. Aon intentionally combined our former absence management and life and disability teams because absence, leaves (occupational and non-occupational), short-term disability, long-term disability, and life insurance are frequently interconnected—often highly so. Furthermore, given that absence costs U.S. employers more than healthcare does, and managing this business risk of absence while creating affordable, desirable benefits is not an easy challenge for employers, Aon’s combined team allows us to better handle the complexities involved with managing these programs. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 36 Our Expertise—People + Technology Our Time Away and Life Solutions team employs dedicated actuaries, underwriters, clinicians, auditors, attorneys, and regulated leave design experts to facilitate compliant design innovation and leading financial solutions for our clients. This team has an average of 20 years of experience as industry professionals. We participate as speakers and board members in many professional conferences/roundtables specific to the absence and disability arena. We also deploy a comprehensive approach that naturally extends and leverages our solutions into other Aon experts such as legal, audit, health transformation, health analytics, and casualty. Our consulting is powered by technology. We have the data and analytics tools to show you what is happening, along with the expertise and breadth of services to use that information. We quantify your leave of absence challenges by developing metrics and insights about costs, performance and causality, compliance, legal risk, administrative burden, employee engagement, and health and wellbeing. Based on the insights gained during analysis, we design, plan, and help you set objectives for a program that will strategically improve your challenges. We also help you establish a business case for investment. Time Away/Absence Management Organizational leaves of absence are complex. It is a company risk that needs to be managed—and in fact, most companies first need to quantify absence to know its true impact. According to Aon’s recent Absence Management Pulse Survey, 90% of survey respondents did not know the total cost of absence to their organization’s bottom line, though 70% of these respondents thought it was important to know this important business metric. In addition, the U.S. Bureau of Labor Statistics reports that 9.6% of compensation is spent on lost time benefits and overtime, while 8.6% of total compensation is spent on health. The world of time away has more than 40 paid sick and family-regulated jurisdictions that create challenges with balancing desirable time-off benefits for young families while offering time and income protection to an aging workforce. Managing this business risk of absence—while creating affordable, desirable benefits—is not an easy challenge for employers. Coupling the need to manage the acute risk of absence to the need to manage the longer-term risk of LTD and life should be recognized as an end-to-end opportunity to create best-in-class benefits at a controlled and acceptable cost level. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 37 Absence affects organizational performance, employee engagement, and the bottom line. Managing these in silos inhibits the management of leaves of absence. We define absence (time away) as “anything related to a day away from work” whether it’s a regulated leave (paid sick leave, paid family leave, Family Medical Leave Act, Americans with Disabilities Act Amendments Act, etc.), an absence policy (vacation, sick, caregiver leave, etc.), or an insured/self-insured product (like short-term disability or workers’ compensation). We believe solutions that address the full spectrum of leave of absence dynamics are the only way to create improvements in all areas of time away. With our comprehensive approach to leaves of absence, we can provide the City with expertise spanning the entire leave of absence spectrum: risk analysis, program design and planning, cost analysis, and vendor-supported solutions. Whether you have identified a segment or two of your programs to evaluate or wish to revamp your entire program holistically, our approach and diverse expertise will be beneficial. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 38 Analysis Gaining a true understanding of your leave of absence dynamics is the first critical step in transforming them. Through proprietary analytical tools, we help you capture, assess, and understand the cost of leave of absence and its utilization trends. This creates a clearer lens for understanding your company’s absence issues, their factors and patterns, risks and costs, root causes, and the opportunities for change. Our analyses may include: Leave of absence metrics and related benchmarking Predictive analytics Leave of absence trending and pattern identification Financial impact analysis of time off, leave, and disability plan changes Compliance risk assessment, including the Americans with Disabilities Act Amendment Act (ADAAA), Family and Medical Leave Act (FMLA), paid sick leave, paid family leave, etc. Gap and opportunity analysis Policy development Outcomes measurement Custom, actionable dashboard and roadmap development Continual program calibration Program Design Our absence consultants will help you set objectives for a program that will strategically address your challenges, then design, plan, and help you establish a business case for investment. We can: Recommend policy changes Incorporate supporting pre-leave of absence programs like wellbeing or safety Align administration solutions with existing human resources systems and vendors Work with you to establish a business case for investment in improved leave of time away solutions Perform root-cause analysis Review or design policy Provide behavior-change communications advice and design Recommend compliance risk mitigation ideas Deploy our actuaries to assist with PTO and parental leave modeling to ensure that any new designs have predictable expenditures for accurate budget projections Perform core competency internal or external administrative audits and identify task-oriented cures for and administration defects found Help with your delivery needs. When you need to select STD/LTD/WC vendors, Aon has the industry knowledge to help you select and/or implement the ideal solution for your situation. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 39 Aon Health Transformation Team Aon has been helping organizations develop, implement, and measure the impact of population health initiatives for more than 20 years as a discrete area of specialty. Aon’s 40 Health Transformation Team members represent clinical experts, including MDs, RNs (master’s and Ph.D.), and physician assistants, as well as subject matter experts with advanced healthcare degrees in behavioral health, public health, nutritional science, exercise physiology, and population health management. The Health Transformation Team applies our extensive experience and knowledge to deliver innovative solutions to the issues of greatest importance to plan sponsors, including: Keeping healthy employees healthy, safe, and productive Improving healthcare value by addressing both cost and quality Effectively managing complex chronic illnesses Improving population health and wellbeing Aon’s Pharmacy Practice Market forces shaping healthcare overall will certainly leave an imprint on pharmacy. Four key trends will emerge, affecting how employers manage pharmacy programs: Impact of stakeholder changes Impact of medical system changes Impact of exchanges Impact of consumer behavior change Our rich resources allow us to commit to team member availability and mobilize resources across the country to manage capacity among team members. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 40 Audit Capabilities Aon’s Audit Group practice was formed more than 35 years ago when we originated and implemented the first-ever medical plan audits for our clients. Our audit methodology sampling and testing processes were developed with the assistance of an actuary and Ph.D. in statistical science more than 30 years ago. They have since been enhanced twice, most recently by a professor of statistics at a major Midwestern university. Our methodology has been termed “best in class” by major healthcare administrators. Aon has steadily built our audit expertise since that time and continues its industry leadership role today as we complete approximately 200 audit-related projects each year. These projects include regular medical, dental, vision, and FSA audits, as well as implementation audit projects involving those products or benefit programs. The audit group comprises 26 team members. Tenure of the audit team averages 25 years in the health plan industry and 10 years with Aon. The Audit Group practice is responsible for conducting health plan audits, evaluating administrator performance, and sharing “best practices” within the industry. We tie these to clear benefit design documents and the contract, resulting in a strong record of getting resolution and payment for our clients. Medical, Dental, and FSA Claims Audits: When overpayments are found during our audits, we make sure they are accurately quantified. We help clients to get restitution when financial recoveries are due. Pharmacy Audits: We perform a 100% claims audit that looks at all aspects of claims processing, including: Claim level review—Review of claims to assess compliance with contractual terms and determination of accuracy for items such as ingredient cost, dispensing fees, member copayments, drug coverage, dispensing limitations, and duplicate claims Financial audit—Review of duplicate claims, compound claims, and paper claims Plan benefit and drug plan review—Review of dispensing limits, multisource brand issues, pass-through of rebates, and copay issues City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 41 Voluntary Benefits & Enrollment Solutions (VBES) Overview Aon’s Voluntary Benefits & Enrollment Solutions (VBES) practice is an integral component of Aon’s Health & Benefits practice, helping clients promote and protect financial wellness by extending their benefits portfolios to support a variety of benefits and enrollment and communications strategies. With best-in-class intellectual property, a team of more than 250 full-time colleagues, and over 2,000 W-2 licensed Benefits Counselors who are experts in employee enrollment and communications support, Aon offers an end-to-end benefits solution that provides an integrated, holistic, and high-touch enrollment experience. We deliver quality services with a deep focus on the employee experience focused on improving employee financial wellness. The following illustration outlines our core areas of expertise: Enrollment Solutions. A comprehensive and client-centric set of “enrollment only” services to help employers execute on HR, benefits, and communication strategies. Our enrollment solutions include self-service platforms, call center enrollment, field enrollment (one-to-one), and Benefits Counselor-assisted self-service enrollment (enrollment café). Consumer Education and Engagement Solutions. We support existing client open enrollment solutions and technology by deploying our communications and enrollment solution options, our award-winning benefits campaigns, and multisensory learning optionality to help employees become better benefits consumers. Custom Solutions. Aon offers temporary and ongoing call center solutions to meet the needs of clients. Whether a client is interested in year-round support, quick deployment solutions to support mergers and acquisitions, educational hotlines, or open enrollment support, Aon offers quick and cost-efficient solutions. Voluntary Benefit Solutions. Working closely with Health & Benefits Structured Portfolio Solutions (SPS), we help clients define, source, and deploy voluntary benefits products that protect consumers from the financial consequences of out-of-pocket medical costs, disability, and death. Tier I Plans: Critical Illness, Hospital Indemnity, Accident, Life, and Disability Insurance Tier II Plans: Identity Theft, Legal, Auto/Home, Pet, Purchasing, and Discount Platforms Our Voluntary Benefits and Enrollment Solutions Experience We believe voluntary benefits programs are playing an increasingly important role in today’s fast-changing benefits landscape, and they will continue to do so to an even greater extent in the future. For more than 30 years, Aon has maintained resources exclusively dedicated to the development, implementation, and ongoing management of voluntary benefits programs for our clients: City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 42 •Operating today as our Voluntary Benefits & Enrollment Solutions practice, this specialty resource is composed of a nationally distributed group of highly experienced subject matter experts and client services staff. They help achieveour clients’ voluntary benefits goals across the full spectrum of today’s most-popular insured and non-insuredvoluntary products and services. •Aon’s operating model is based on the best-in-class selection of the products, providers, and services that will most effectively align with and support our clients’ HR and benefits strategies and goals. In that model, we also know thatthere is no substitute for product and carrier quality and competitiveness for our clients’ employees. •Guided by the principle of “Design With Intent,” Aon begins all engagements with a thorough understanding of ourclients’ strategies around health, welfare, and retirement benefits; talent acquisition and retention; and financial and administrative priorities. Aon seeks to gain all possible insight into the characteristics of our clients’ employeepopulations, to assure the optimal matching of products, pricing, and methods to various demographic segments andtheir needs. •Aon’s access to the leading carriers and providers of voluntary benefit programs is without limitation throughout the marketplace and is reinforced by the very substantial volumes of business we maintain with most of our carrierpartners. •Aon has created our Structured Portfolio Solutions (SPS) for voluntary benefits product portfolios. Each portfolio iscomposed of up to nine thoroughly vetted carriers who have committed to enhanced terms and conditions for Aon clients (e.g., high guaranteed issue limits), thereby offering greater value exclusively to Aon clients and theirparticipating employees. Aon negotiates market-leading coverage enhancements, terms, and conditions generallyunavailable in the open insurance marketplace. Aon SPS carriers compete aggressively for your business, bringingyou better results. •Aon has long been at the forefront of innovations in the design and operation of many voluntary products andservices, and we are recognized for these achievements by the many carriers and providers we engage on behalf ofour clients. •Our internal communications team will craft a custom communication campaign specifically designed to reach and educate all employees, explain benefits plan changes, introduce a new HDHP, educate on wellness plan, etc. •Our flexibility allows us to work with our clients to develop the most appropriate enrollment strategies for their distinctemployee populations: self-service, call center, Benefits Counselor-assisted self-service (café), and/or face-to-face. •Aon Voluntary Benefits & Enrollment Solutions employs more than 2,000 multilingual, licensed, certified BenefitsCounselors representing over 17 different languages who are experts in employee enrollment and communicationsupport. •We invest heavily in Benefits Counselor recruitment, training, and proprietary certification programs, resulting inoutstanding experiences for our clients and their employees. Our Benefits Counselors work on a non-commissionedbasis (W-2 employees)—eliminating the possibility of sales pressure. •Aon has experience integrating with virtually all prominent carrier and third-party systems in the administration of voluntary programs, including a wide scope of third-party HRIS and payroll systems. Our expertise in the voluntary benefits space enables us to help clients create a comprehensive total rewards package to improve recruitment and retention among employees. Throughout our 30+ years of providing voluntary benefits solutions, we have developed the following best practices for a successful implementation of voluntary benefits programs: City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 43 City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 44 Education and Enrollment Solutions Strategically communicating benefits information plays a critical role in elevating employee understanding and appreciation of their benefits. Aon’s Voluntary Benefits & Enrollment Solutions practice has an internal communication department that creates comprehensive communications campaigns to effectively promote our clients’ benefits plans and enrollment details, providing the foundation of a positive enrollment experience while maximizing the company’s investment in their benefits program. The goal of the communications campaign is to educate employees on all their benefits options, empower them to make informed decisions, and prepare them for the open enrollment process. Education and Engagement Approach Effective communication means more than just a one-shot effort. Staying in touch with the company’s employees requires planning. Aon provides a range of materials to keep the employees informed, remind them of important issues, and keep the lines of communication open. We will start by developing clear and concise content that is easy to understand, complemented by innovative creative designs that will engage your employees’ attention. When a client is making major benefits changes, we recommend communications be sent early and often so employees are ready for and understand the changes that are coming, mitigating any potential employee dissatisfaction. To be effective, the content must reach its audience, which is why we offer multiple mediums (web/print), allowing employees to learn in the way they are most comfortable. Our communications campaign will include a review of the objectives, message, and culture, and offer a customized campaign specific to the City. During content and curriculum creation, we will review existing benefits media and summary plan descriptions (SPDs) and craft content (in-house copywriters), with final approval by the City. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 45 We provide a complete pre-communication campaign consisting of print, electronic, and web-based communications for the enrollment. The enrollment campaign will consist of a “custom-themed” event that may include posters, postcards, manager memos, email blasts, benefit brochures, flyers, videos, and educational web portals. Communication materials are distributed at various times during the implementation process. Enrollment Strategies In addition to the communication and education methods above, we will also provide licensed Benefits Counselors trained specifically on the client’s benefits package. During open enrollment, our Benefits Counselors will be available to employees to educate them on their benefits package, answer any questions, update demographic data, and make benefits transactions on behalf of the employee. The most appropriate method or combination of methods for the enrollment will be determined during the planning phase when we have learned more about your employee demographics and overall organizational goals. Aon delivers the same personalized enrollment experience face to face or by phone, so employees will enjoy exceptional service no matter which methodology is used. Also available are flexible enrollment scheduling arrangements, including executive enrollments and access to bilingual Benefits Counselors. The online enrollment system follows the same process flow as the telephonic and face-to-face enrollments, ensuring that regardless of the enrollment mechanism, employees are provided with the same personalized experience. Our solutions are technology and system agnostic. We can work with any benefits administration/HRIS platform or we can use our own proprietary system, U2X™. U2X is Aon’s proprietary enrollment system that is exclusive to Aon and its partner companies. It is a combination of database management and interactive graphic software that can visually communicate your core, group, and voluntary benefit programs; update employee data; electronically enroll any or all of your benefits; and conduct and tabulate employee surveys. •Dual Cloud-Based Platform: Allows simultaneous programming for both a laptop (one-to-one) and internet platform(html, used for employee self-service and call center) •Visual Display Layer: Functions as a “bolt-on front face” to a client’s current platform to improve employeecomprehension and for a better user experience. •Residentially Hosted: Core, group, and voluntary benefits are all built onto one singular platform rather than anybridging or framing of other systems. •Easy User Interface: Prioritizes user tasks and ensures that the messaging is simple and concise. •Guided Enrollment Flow: A disciplined linear presentation of all benefits through open enrollment allows anemployee to review benefits prescribed rather than menu-driven. •Proper Sequencing: Benefits are properly sequenced based on category. For example, supplemental medical plansare directly connected with major medical plans. We can provide the following enrollment and communication methods for your employee population: •Self-Service: An online, easy-to-use, linear employee self-service portal •Call Center: Employees can access a licensed Benefits Counselor via a dedicated toll-free number •Counselor-Assisted Self-Service (Enrollment Café): On-location Benefits Counselors assist employees in a group setting as they enroll via a self-service portal •Face-to-Face: Employees can meet with a licensed Benefits Counselor on-site/in the field at their work location City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 46 f.Broker/Consultant Compensation: Identify your firm’s preference on the means of compensation for services. Provide a detailed analysis of the fee build-up, including allocated time and rates for the service providers. Identify any proposed services that may be outside an agreed-upon fee and an estimate for those services, if applicable. Include the details of any proposed incentive plan, if recommended. The structure we use to determine our fees is flexible. In general, fees are based on associate billing rates which are commensurate with skill and experience levels, combined with the length of time we estimate to service your account. Our services are set forth in a clear scope of services agreement. The service agreement confirms roles and responsibilities, expected deliverables, timelines and the agreed upon amount of compensation. Aon can structure compensation based on the City’s preference, which can include commissions, fees, retainers or PEPM. Some of our clients appreciate a set annual fee that includes all the services expected during the year. Many of our clients prefer a combined approach that allows their employees to participate in the overall cost of managing the program. There may be an advantage in using commissions as this method allows your current employee contribution structure to lessen the financial impact on the City. It also eliminates the need for specific checks to be cut by the City and can provide funding for additional projects outside the current scope, should commissions increase. Aon will disclose any and all financial arrangements with vendors associated with the City. Our compensation, negotiations and scope of services are completely transparent and consistent whether we work on a fee or commission basis. Aon has a strict transparency policy and places the utmost importance on the value of our services and the results we achieve with our clients. We do so in a variety of ways: •We clearly define in our client service agreements those activities that are core (included in our fees or commissions)and those that are ad hoc. •We mutually establish metrics so Aon and its clients can monitor the value of our specific services. •We deliver an annual stewardship report that describes our activities and the results we have created with the City aswell as where we are heading in the future. •We disclose all fees and commission schedules and require written client approval of these fees and commissionsbefore binding coverage. City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 47 Tab 4 – References. A minimum of three (3) references, preferably from other public entities of similar size to the City of Clearwater and three (3) government accounts utilizing a self- insured health plan, within the past three (3) years, for whom firm has provided brokerage/consulting services. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, dates these services were provided. The references below speak to our ability to successfully provide employee benefits consulting services and complete projects of similar size, scope, time frame, and complexity as requested by the City. They also speak to our ability to meet deadlines, deliver work within specified budgets, avoid conflicts of interest, satisfy clients, and can validate the work experience of our proposed team. Reference #1 Name of Client School District of Manatee County Type of Services Full Service H&B Consulting, Rx Analysis, 112.08 Filing and Actuarial Modeling Date of Services 2013-Present Address 215 Manatee Avenue West, Bradenton, FL 34205 Contact Person Bill Kelley, Director of Risk Management Telephone Number (941) 708-8770 ext 41057 Email Address Kelley2w@manateeschools.net Reference #2 Name of Client School Board of Sarasota County Type of Services Full Service H&B Consulting, Rx Analysis, 112.08 Filing and Actuarial Modeling Date of Services 2013-Present Address 1960 Landings Blvd., Sarasota, FL 34231 Contact Person Lynn Peterson, Supervisor Risk Management Telephone Number (941) 927-9000 ext 32315 Email Address Lynn.peterson@sarasotaschools.net Reference #3 Name of Client Lee County Board of County Commissioners Type of Services Full Service H&B Consulting, Rx Analysis, 112.08 Filing and Actuarial Modeling Date of Services 2013-Present Address 1825 Hendry Street, 2nd Floor Suite 200, Ft. Myers, FL 33901 Contact Person Lynne Peterson, Manager, Benefits & Fiscal Telephone Number (239) 533-0822 Email Address Hpeterson@leegov.com City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 48 Tab 5 - Cost of Services The cost portion of the proposal should include the following elements: 1.Proposals shall include an annual service fee as part of their response to this RFP. The successful firm shall be compensated on an annual fee basis. Fees will be payable quarterly at the end of each quarter. All program premiums and charges are to be written net of commission and the acceptance of a commission shall be grounds for immediate termination of the contract. If a carrier does not or cannot work on a net of commission arrangement, the firm shall disclose this fact and the commission shall be deducted from the annual fee. Confirmed and agreed. Aon proposes an annual fee of $175,000 to deliver the scope of services. 2.The successful firm shall provide an annual statement from each carrier confirming that the insurance carrier has paid no commissions. Full disclosure of all compensation earned, either directly or indirectly, is required. Use of intermediaries, wholesalers, subsidiary companies, etc. is expected and encouraged if advantageous to the City of Clearwater. However, all fees and or commissions earned as a result of their use must be disclosed and will be deducted from the annual fee. Additionally, the City reserves the right to seek additional relevant records as a means of enforcing this provision. Confirmed and agreed. Tab 6 - Other Forms. The following forms should be completed and signed: Exceptions/Additional Materials/Addenda Form Vendor Information Form Vendor Certification of Proposal Form Scrutinized Companies Form E-Verify Eligibility Form Copies of licenses and/or certifications W-9 Form Team Resumes City of Clearwater – RFP #29-21 | April 29, 2021 | Aon Consulting, Inc 49 EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Brokerage and Consulting Services 25 RFP #29-21 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: Aon Consulting, Inc.April 28, 2021 X Aon response to terms and conditions attached on the following page. 1: 4/5/21 2: 4/20/2021 X Aon Consulting, Inc Response to RFP #29-21 Terms and Conditions Aon Consulting, Inc. (“Aon” or “we”) understands the contractual and regulatory requirements that the City of Clearwater (“City” or “you”) must comply with, but we have generally found most government and quasi-governmental entities have enough flexibility in their terms to negotiate and address Aon’s business and legal concerns. We have attached a sample of our standard consulting agreement. We have found that the following provisions are generally those that we discuss most frequently with our clients during the negotiation process though there may be others based on the nature of the services to be provided. Termination Aon requests that this provision be mutual. In addition, in the event of a termination for cause, Aon would like to propose a mutually agreeable time period for both parties to cure any defaults. Indemnification and Limits of Liability Aon will to the extent practical and reasonably necessary, perform corrective services to the extent that it makes an error in the performance of services. Aon is willing to accept liability for its errors up to an agreed upon annual cap. For other breaches of the Agreement (such as intellectual property infringement, criminal misconduct, willful misconduct, etc.), Aon is willing to accept total liability. Aon is willing to accept only direct liability in connection with the Agreement, and therefore, to the extent permitted by law, Aon expects to be indemnified by our clients from and against all third-party claims (including, most significantly, claims by a client’s plan participants) relating to Aon’s services. To the extent that any third-party claims causes losses, damages, etc. to our clients, Aon will be liable for such losses, damages, etc. subject to the limitations described above. Aon expects a mutual exclusion for any consequential and indirect damages. Proprietary Information and Confidentiality Subject to applicable FOIA obligations, Aon recognizes and is highly sensitive to the confidential nature of the information it is provided regarding its clients and their participants. Accordingly, Aon imposes stringent confidentiality obligations on its personnel. Aon employs numerous procedures and safeguards to ensure that such information remains confidential, and we are happy to discuss the safeguards Aon places on our client’s information. Given the value to Aon of its proprietary information, we would expect the inclusion of mutual confidentiality provisions. Aon requires some flexibility with regard to the use of client’s information in a de-identified and aggregate format and would need to keep a copy of all information for archival purposes. Ownership In order to continue its provision of consulting services to our clients, current and prospective, Aon must retain sufficient ownership rights in its proprietary information and know-how. Aon builds upon its proprietary information and know-how, which in turn distinguishes Aon from its competitors and enables us to better serve our clients. Consequently, Aon retains ownership of its underlying technology (whether pre-existing or newly developed), while our clients are granted a license to use such materials as they are embedded in any deliverables. Our clients will continue to own all information that they provide to Aon to perform the services, and any final deliverable, subject to the licensing rights of embedded Aon proprietary information. Audit Aon is willing to support annual financial audits at its cost and expense upon reasonable notice. In addition, Aon would like to modify any audit language to ensure that confidentiality is maintained with regard to any documents that are inspected or subject to audit. With respect to assistance with additional audits, depending on the nature and frequency, Aon would like to reserve the right to discuss and negotiate at the time of the request or have any additional audits considered as additional services, billed at our then standard billing rates. Assignment Aon requests the right to subcontract or assign tasks under an agreement to an Aon affiliate and/or subsidiary in common control with Aon. Payment Terms Aon requests that any payment terms include an interest rate of 9% per annum applied to late payments. In addition, if a client requires Aon to pay outside suppliers on a client’s behalf, a 10% administrative charge would be added. Finally, Aon requires its clients to pay a miscellaneous expense amount, currently 7% of charges, to cover miscellaneous client-related expenses such as long-distance telephone charges, copying charges, postage and the like. Warranty Aon stands behind its work and the resulting deliverables. Aon is occasionally subject to lawsuits and claims arising in the normal conduct of its business. None of such prior lawsuits or claims has had, and management does not expect the outcome of any pending matter to have, a material adverse effect on the business, financial condition or results of operations of the company. Aon Health Solutions Proprietary and Confidential Statement of Work Employee Benefit Plan Consulting Services This Statement of Work (“SOW”), effective as of ___________, is between Aon Consulting, Inc. and its licensed brokerage affiliates (“Aon”) and _________________ (“Client”). This SOW and the services provided hereunder are subject to the terms and conditions in the Master Services Agreement between Aon and Client, dated as of ____________ (“MSA”). In the event of any conflict between this SOW and the MSA, the terms of this SOW shall govern. This SOW commences on________, and will remain in effect until ________, unless terminated earlier by either party as permitted in the MSA. Aon’s obligation to render services will end at the expiration of this SOW. Services The services to be provided under this SOW are set forth in Exhibit A hereto (“Services”). Any work product arising out of the services set forth in Exhibit A shall constitute the “Deliverables” as that term is defined in Section 5 of the MSA. Client acknowledges that, in order for Aon to meet critical completion dates and operate within budget expectations, Client will need to provide information requested by Aon at various intervals. For example, Aon may need Client to:  Provide historical benefit plan documentation.  React to preliminary project findings.  Be accessible for conference calls and/or meetings.  Approve final versions of project-related documentation.  Provide written approval of Aon’s compensation and written instruction to bind Client’s chosen insurance program. Fees and Payment Schedule Aon is named broker of record for the plan. For completing the Services, Client agrees to pay to Aon an annual retainer of $___________. Aon will bill Client $______a month starting with the _____invoice, which will be billed in _______. Aon will use its best efforts to negotiate placements for Client’s insurance programs on a net of (without) commission basis, to Aon; however, it is not always possible or advisable to do so. In instances where a commission is paid to Aon, Aon will credit the commission against its fees, where Aon is permitted to do so by applicable law. Aon will advise Client of all such commissions in writing prior to binding. If Aon is required, for any reason, to return any commissions that were credited against the fee, Client agrees to reimburse Aon for this amount. Out-of-Pocket Expenses Charges from third-party vendors for printing or production services on Client’s behalf will be passed through to Client, as well as any sales or use tax that Aon becomes obligated to pay in connection with services provided on Client’s behalf. Aon Health Solutions Proprietary and Confidential If Client require copies of files for transferring services to other service providers during or after this engagement, such services will be available based on Aon’s standard hourly time-and-expense rates. Change In Scope Please be aware that requested changes in the scope of services provided by Aon could result in an increase in fees and charges. Changes in scope could include, but are not limited to, the following:  Bidding the life, disability, medical, dental or vision coverage;  Assignment of additional roles, responsibilities, or functions related to the plan; or  Other factors which were not anticipated and increase the complexity of timing of plan operations or which affect Aon’s responsibilities or duties. In the event that Client’s operations or insurance programs substantially change by merger, acquisition, expansion, or other material change in scope and nature of exposures, Client will inform Aon, and Client and Aon will negotiate in good faith to revise this SOW as appropriate. Changes in the services or additional projects may also be included as part of this engagement, as mutually agreed to in writing or email by the parties. Unless otherwise set forth in such writing, Aon’s fees for other projects will be determined on a time and materials basis in accordance with Aon’s then current billing rates and the value of Aon’s services based on Aon’s time, complexity, and the level of skill and urgency required. Aon will discuss estimated fees in more detail for larger projects. Materials include (but are not limited to) such items as printing, binding, shipping, outside supplier charges, etc. Disclosures Aon will disclose to Client all marketing quotes, including any applicable commission rates, received prior to binding any coverages for Client’s insurance programs. Client will also be provided prior to binding with a disclosure of any amounts to be paid to Aon and/or Aon affiliate intermediaries if available, in connection with coverages placed for Client’s insurance programs, including any fees, if applicable, paid to Aon for services it provides to third parties. In addition to retail commissions, Aon may receive additional forms of compensation from insurers and third parties including but not limited to: national additional commissions, subscription market brokerage charges and/or administrative expense reimbursements. This revenue is in addition to and shall not be credited against the fees or any other compensation earned hereunder and shall not be applied to any service set forth in Exhibit A. As of the effective date of this SOW, the Health and Benefits Practice does not accept contingent compensation. If this policy on accepting contingent compensation changes, we will notify you at that time. Additional information is available upon request. In some instances, insurance placements made by Aon on Client’s behalf may require the payment of state surplus lines or other premium taxes and/or fees in addition to the premium itself. Aon will make every effort to identify any of these taxes and/or fees in advance, but in all instances the payment of these taxes and/or fees will remain Client’s responsibility. Aon will invoice Client for the payment of these taxes and fees. Client acknowledges its responsibility to report and communicate in writing to Aon changes in exposures, loss related data, and other material changes during the course of this SOW. Aon’s goal is to procure insurance for Client with insurance companies possessing the financial strength to perform in today’s economic environment. Toward this objective, Aon regularly reviews publicly available information concerning an insurer’s financial condition, including, but not limited to: Aon Health Solutions Proprietary and Confidential  Approvals by various regulatory authorities;  Analyses of insurers by professional rating agencies such as A.M. Best, Standard and Poor’s, Moody’s, and/or Fitch; and  The input of Aon’s global affiliates and correspondents. Most Aon placements are made with insurers that are rated “Excellent” by the professional rating agencies; however, Aon does not guarantee the solvency of any insurer. Aon encourages Client to review the publicly available information made available by Aon. The decision to accept or reject an insurer will be made solely by Client. Aon and/or its affiliates may from time to time maintain contractual relationships with the insurers that are recommended as potential markets, or with whom Client’s coverage may ultimately be placed. Further details concerning Aon’s relationship with insurance carriers can be found at http://www.aon.com/about- aon/corporate-governance/corporate/market-relationships/contractual-relationship-with-carriers.jsp#. Aon’s professional services do not in any case include legal, investment, or accounting services, and we are not a fiduciary to your plans. The services and work product provided by Aon hereunder are provided solely for Client’s internal use; they are not intended to be used or relied upon by third parties. This SOW must be signed below by authorized representatives of the parties. Counterparts may be delivered via facsimile, electronic mail (including pdf) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. ______________________________ Aon Consulting, Inc. By: By: Name: Name: Title: Title: Date: Date: Aon Health Solutions Proprietary and Confidential Exhibit A—Services to Be Provided Consulting Services Frequency Cost Strategy  Strategic plan linking business objectives Annually Included  Benchmark design/costs Annually Included  Health Care Reform assessment As needed Included  Cost containment tactics Quarterly Included  Plan cost forecasting Annually Included  Executive/Board summary reports Quarterly Included  Annual stewardship report Annually Included  Annual service review—Client Promise  Action plan and service schedule Financial Management  Develop budget projections Quarterly Included  Monitor/communicate budget variances  Large claim probability modeling  Contribution modeling Annually (if necessary) Included  COBRA rate development  Stop loss deductible and attachment level analysis  Alternate funding arrangement analysis  Actuarial impact of design changes  Health Care Reform modeling  IBNR calculation Quarterly Included  Financial reporting including dashboards  Comprehensive medical/Rx utilization analysis Renewal/Marketing  Pre-renewal projections Annually, if necessary Included  Detailed marketing/renewal report  Market selection and approval  Total and itemized costs  Independent network discount analysis  Network access and provide disruption analysis  Carrier/Vendor performance/rate guarantees  Funding methodology evaluation  Carrier financial ratings/market review At renewal, marketing and stewardship Included  Finalist meetings and scorecard analysis Annually, as needed Included  Best and final negotiations  Vendor site visits As needed Included  Disclosure of all proposals and compensation Annually Included Aon Health Solutions Proprietary and Confidential Consulting Services Frequency Cost Implementation  Carrier application preparation assistance Annually Included  Enrollment meeting support/coordination  Contract review  Review vendor created employee communications  Administrative arrangements (billing, banking, reporting, data)  Preimplementation audits As needed Included  Executive summary of final decisions Annually Included Ongoing Service  National Aon vendor liaisons As needed Included  Scheduled vendor service meetings  Issue resolution (claim, billing, eligibility)  Work plan for ongoing tasks/projects Annually Included Compliance & Regulatory support  Compliance review of SPD provisions, contracts, agreement and documents Ongoing Included  Web-based Compliance Dashboard Ongoing Included  Compliance assessment and Scorecard As needed Additional cost  Current plan year 5500 preparation—signature ready (excludes delinquent filings) Annually Included  Summary Annual Report preparation  Section 125 non-discrimination testing  Ongoing webcasts and legislative alerts Ongoing Included  Upon request, provide additional information to assist in client’s fulfillment of ERISA fiduciary duties * As requested Included Communications  Communication strategy Annually Included (printing additional)  Know How—eight-page open enrollment guide  Benefits website—client branded Ongoing Included Wellbeing  Provide wellbeing program assessment and annual evaluation Ongoing Included  Review vendor data Ongoing Included  Develop a wellbeing program roadmap Ongoing Included  Develop wellbeing champion network Ongoing Included  Provide Wellness Council of America (WELCOA) resources and tools Ongoing Included Resources  Subject Matter Experts – Wellness – Pharmacist – Actuary Ongoing and as requested Included Aon Health Solutions Proprietary and Confidential Consulting Services Frequency Cost – Underwriters – M.D.s and R.N.s – ERISA experts – Absence and Leave – Elective Benefits  Access to local geographic experts in 50 U.S. offices  Pharmacy purchasing coalition  Stop loss alliance  HR Online training courses (7)  Employee and family advocacy services (to be provided by ______________, as detailed in a separate agreement) VENDOR INFORMATION Brokerage and Consulting Services 26 RFP #29-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. Aon Consulting, Inc. Aon 7650 W. Courtney Campbell Causeway, Suite 1000 Tampa FL 33607 (813) 636-3556 (813) 636-3010 jeff.jinks@aon.com www.aon.com 01-502-0568 Jeff Jinks (813) 636-3556 (813) 636-3010 jeff.jinks@aon.com Same as above VENDOR CERTIFICATION OF PROPOSAL Brokerage and Consulting Services 27 RFP #29-21 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater.b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, aswell as its attachments, and any referenced documents.c) It has no known, undisclosed conflicts of interest.d) The prices offered were independently developed without consultation or collusion with any of the otherrespondents or potential respondents or any other anti-competitive practices.e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official,or consultant who has or may have had a role in the procurement process for the services and orgoods/materials covered by this contract.f) It understands the City of Clearwater may copy all parts of this response, including without limitation anydocuments and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer,or in response to a public records request under Florida’s public records law (F.S. 119) or other applicablelaw, subpoena, or other judicial process.g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigrationlaws and regulations that relate to their employees.h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act andnot debarred by any Federal or public agency.i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutesand Rules if awarded by the City.j) It is current in all obligations due to the City.k) It will accept such terms and conditions in a resulting contract if awarded by the City.l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submitbinding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: Aon Consulting, Inc. Jeff Jinks Vice President April 28,2021 SCRUTINIZED COMPANIES FORMS SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NON RESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. "Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ST A TE OF Florida ~~~~~~~~~ COUNTY OF Hillsborough Brokerage and Consulting Services Printed Name Vice President Title Aon Consulting, Inc. Name of Entity/Corporation Printed Name 29 RFP #29-21 E-VERIFY ELIGIBILITY FORM YERIFICAJION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THEE-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. Authorized Signature Printed Name Vice President Title Aon Consulting, Inc. Name of Entity/Corporation SJ ATE OF Florida ~~~~~~~~~ COUNTY OE Hillsborough Brokerage and Consulting Services 30 RFP #29-21 4/28/2021 Licensee Detail https://licenseesearch.fldfs.com/Licensee/378986 1/3 Licensee Detail Licensee Search License #: A315838 Full Name: JINKS, JEFFREY T Business Address: AON HEWITT 7650 W COURTNEY CAMPBELL CAUSEWAY, SUITE 1000 TAMPA, FL 33607 Mailing Address: 2513 SUNSET DRIVE TAMPA, FL 33629 Email: JEFF.JINKS@AON.COM Phone: (813) 636-3556 County: Hillsborough NPN #: 2625851 Continuing Education Statistics CE Due Date:12/31/2021 Continuing Education Status:In Progress Number of Hours Required:20 Number of Hours Completed:5 Valid Licenses 4/28/2021 Licensee Detail https://licenseesearch.fldfs.com/Licensee/378986 2/3 Type Issue Date Qualifying Appointment LIFE INCL VARIABLE ANNUITY (0214)3/9/2001 YES LIFE INCL VAR ANNUITY & HEALTH (0215)3/9/2001 YES HEALTH (0240)3/9/2001 YES Active Appointments LIFE INCL VAR ANNUITY & HEALTH (0215) Company Name Issue Date Exp Date AETNA LIFE INSURANCE COMPANY 9/17/2008 12/31/2022 HEALTH (0240) Company Name Issue Date Exp Date AETNA HEALTH INC.9/17/2008 12/31/2022 Invalid Licenses Type Issue Date Status GENERAL LINES (PROP & CAS) (0220)6/11/2004 INVALID NONRES LIFE, HEALTH, & VAR ANN (0815)3/9/1999 INVALID Inactive Appointments LIFE INCL VAR ANNUITY & HEALTH (0215) Company Name Issue Date Exp Date Status Date COMBINED INSURANCE COMPANY OF AMERICA 6/30/2001 12/31/2005 11/22/2005 NONRES LIFE, HEALTH, & VAR ANN (0815) Company Name Issue Date Exp Date Status Date PRUDENTIAL INSURANCE COMPANY OF AMERICA (THE) 3/31/1999 12/31/2001 2/18/2000 4/28/2021 Licensee Detail https://licenseesearch.fldfs.com/Licensee/992780 1/2 Licensee Detail Licensee Search License #: W558229 Full Name: BOUTIN, PAUL BERNARD Business Address: AON 7650 WEST COURNEY CAMPBELL CAUSEWAY TAMPA, FL 33607 Mailing Address: 110 20TH AVE NORTH ST PETERSBURG, FL 33704 Email: PAUL.BOUTIN@AON.COM Phone: (215) 760-4281 County: Hillsborough NPN #: 4561804 Continuing Education Statistics CE Due Date:2/28/2022 Continuing Education Status:In Progress Number of Hours Required:24 Number of Hours Completed:0 Valid Licenses 4/28/2021 Licensee Detail https://licenseesearch.fldfs.com/Licensee/992780 2/2 Type Issue Date Qualifying Appointment LIFE INCL VAR ANNUITY & HEALTH (0215)4/3/2019 NO Active Appointments No active appointments found. Invalid Licenses No invalid licenses found. Inactive Appointments No inactive appointments found. Copyright © Florida Department of Financial Services 2018 4/28/2021 Licensee Detail https://licenseesearch.fldfs.com/Licensee/1450942 1/2 Licensee Detail Licensee Search License #: W240258 Full Name: ALCHIN, EMILY ELIZABETH Business Address: 7650 W COURTNEY CAMPBELL CSWY ROCKY POINT, FL 336071462 Mailing Address: 2632 2ND CT PALM HARBOR, FL 346843809 Email: EMILY.ALCHIN@AON.COM Phone: (813) 636-3049 County: Hillsborough NPN #: 17512809 Continuing Education Statistics CE Due Date:6/30/2021 Continuing Education Status:In Progress Number of Hours Required:24 Number of Hours Completed:3 Valid Licenses 4/28/2021 Licensee Detail https://licenseesearch.fldfs.com/Licensee/1450942 2/2 Type Issue Date Qualifying Appointment LIFE INCL VAR ANNUITY & HEALTH (0215)2/21/2015 YES Active Appointments LIFE INCL VAR ANNUITY & HEALTH (0215) Company Name Issue Date Exp Date STANDARD INSURANCE COMPANY 1/6/2019 6/30/2021 Invalid Licenses No invalid licenses found. Inactive Appointments LIFE & HEALTH (0218) Company Name Issue Date Exp Date Status Date METROPOLITAN LIFE INSURANCE COMPANY 7/16/2015 6/30/2018 2/21/2017 HEALTH (0240) Company Name Issue Date Exp Date Status Date SAFEGUARD HEALTH PLANS, INC.7/31/2015 6/30/2018 2/21/2017 Copyright © Florida Department of Financial Services 2018 Request for Taxpayer Give Form to the requester. Do not sendtotheIRS. Form W-9 Identification Number and Certification(Rev. October 2018) Department of the TreasuryInternal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. 4 Exemptions (codes apply only tocertain entities, not individuals; seeinstructions on page 3): Individual/sole proprietor orsingle-member LLC C Corporation S Corporation Partnership Trust/estate Exempt payee code (if any)Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC isanother LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate boxfor the taxclassification of its owner. Exemption from FATCA reporting code (if any)(Applies to accounts maintained outside the U.S.)Other (see instructions) 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 6 City, state, and ZIP code 7 List account number(s) here (optional)Print or type.SeeSpecific Instructions on page 3. Taxpayer Identification Number (TIN) Part IEnter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for aresident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get aTIN, later. Social security number or Employer identification numberNote: If the account is in more than one name, see the instructions for line 1. AlsoseeWhat Name and Number To Give the Requester for guidelines on whose number to enter. Certification Part II Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal RevenueService (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I amno longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholdingbecause you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interestpaid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally,payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions forPart II, later. Sign Signature of U.S. personHere DateGeneral Instructions Form 1099-DIV (dividends, including those from stocks or mutualfunds)Section references are to the Internal Revenue Code unless otherwisenoted.Form 1099-MISC (various types of income, prizes, awards, or grossproceeds)Future developments. For the latest information about developmentsrelated to Form W-9 and its instructions, such as legislation enactedafter they were published, go to www.irs.gov/FormW9.Form 1099-B (stock or mutual fund sales and certain othertransactions by brokers)Form 1099-S (proceeds from real estate transactions)Purpose of Form Form 1099-K (merchant card and third party network transactions)An individual or entity (Form W-9 requester) who is required to file aninformation return with the IRS must obtain your correct taxpayeridentification number (TIN) which may be your social security number(SSN), individual taxpayer identification number (ITIN), adoptiontaxpayer identification number (ATIN), or employer identification number(EIN), to report on an information return the amount paid to you, or otheramount reportable on an information return. Examples of informationreturns include, but are not limited to, the following. Form 1098 (home mortgage interest),1098-E (student loan interest),1098-T (tuition)Form 1099-C (canceled debt)Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a residentalien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you mightbe subject to backup withholding. See What is backup withholding, later. Form 1099-INT (interest earned or paid) JSA Form W-9 (Rev. 10-2018)8W9050 2.000 Aon Consulting, Inc. Aon Consulting, Inc. (NJ) X 5 E 200 E. Randolph Street Chicago, IL 60601 22 2232264 1/4/2021Melinda Misanko Digitally signed by Melinda Misanko DN: cn=Melinda Misanko, o=Aon, email=melinda.bair.misanko@aon.c om, c=US Date: 2021.01.04 16:11:42 -06'00' OCPS - RFP2010381 | January 7, 2021 29 Timothy N. Nimmer, FSA, MAAA Global Chief Actuary 1900 16th Street Suite 1000 Denver, CO 80202 Office +1.303.782.3388 Mobile +1.303.827.6218 timothy.nimmer@aon.com Responsibilities Timothy (Tim) N. Nimmer is a Senior Vice President and serves as Aon’s Global Chief Actuary. He has 25 years of consulting and industry experience with a heavy emphasis in actuarial disciplines related to the health industry. Working with leadership teams from across the globe, he specializes in the development of complex financial solutions for clients. He is member of Aon’s Executive Leadership Team, Global Health Executive Committee, and other leadership teams specific to the Americas, EMEA, and APAC. Experience Previously, Tim was Senior Vice President and Regional Health Practice Leader for Aon Hewitt's Central and West Regions. In this role, Tim led more than thirty of Aon Hewitt’s consulting offices to provide consultative and brokerage services to clients. Expertise Tim focuses primarily on large clients with more than 10,000 lives in the multi-national, Fortune 500 Corporate markets, and public sector. He routinely provides testimony on actuarial and health issues to a variety of State Legislatures throughout the USA, as well as the Federal level on Capitol Hill. Additionally, Nimmer recently assisted the Department of Defense, Health and Human Services, and the Economic Advisors to the White House. Education Tim is a Fellow of the Society of Actuaries and a Member of the American Academy of Actuaries. He graduated from the University of Missouri with a bachelor's degree in statistics, with an emphasis in mathematics and psychology. OCPS - RFP2010381 | January 7, 2021 30 Jeff Jinks Vice President, Account Executive 7650 W. Courtney Campbell Causeway, Suite 1000 Waterford Plaza Tampa, FL 33607 Office +1.813.636.3556 Mobile +1.813.546.6715 jeff.jinks@aon.com Responsibilities Jeff is a Vice President in the Health & Benefits Practice and the Market Development Leader of the Tampa office. He has responsibility for leading client teams, ensuring client satisfaction and retention, as well as developing and delivering solutions across Aon practices. Experience Prior to joining Aon in 2001, Jeff worked for 12 years with Prudential, managing a branch as well as a book of benefits clientele. His experience at Prudential also included Corporate Marketing, Training and Development, Affinity Marketing, and Group Benefits. During his 30 years in the industry, Jeff has delivered employee benefits consulting and financial services to clients as well as developed internal and external business strategies. Jeff’s experience with clients crosses industry and practice lines. He has more than 30 years of employee benefits experience with both Prudential and Aon. He has been P&C, NASD Securities as well as LA&H licensed during his tenure and has extensive middle market and public sector experience. Before his Tampa Health & Benefits Account and Market Development responsibilities, Jeff led the Aon Consulting U.S. Sales Operations team, integrating our national technology, marketing, practice and sales disciplines. From 2002 to 2006, he led the Southeast Region Sales Team. Education Jeff holds a B.S. in Industrial Management from Clemson University. OCPS - RFP2010381 | January 7, 2021 31 Paul Boutin, ASA, MAAA Senior Vice President 7650 W. Courtney Campbell Causeway, Suite 1000 Waterford Plaza Tampa, FL 33607 Mobile: +1.215.760.4281 paul.boutin@aonhewitt.com Responsibilities Paul is a senior health care Consultant and Actuary with Aon Hewitt’s Tampa Health & Benefits Consulting practice. Paul’s client responsibilities include delivering strategic health care planning for active and retiree health care benefit programs, developing complex actuarial/financial analyses, and conducting general benefit plan management activities. Experience Paul has more than 30 years of health and welfare benefit plan design and financial analysis experience, including ten years with Aon Hewitt. Paul has led consulting projects for several clients spanning diverse industries including public sector, hospitals and health care providers, higher education institutions, financial services firms, and manufacturing organizations. He also previously managed an Aon consulting practice, comprising 30 practitioners serving 75 clients. Recent client projects Paul has completed include setting three-year health care strategies for large complex organizations, harmonizing benefit plans and consolidating vendors for organizations in merger situations, developing population health management strategies with supporting initiatives, and developing and managing financial models to project plan expenses under alternative designs, funding approaches and carriers. Prior to joining Aon, Paul worked as a senior healthcare consultant and actuary for another leading employee benefits consulting firm. Education Paul holds a B.A. in mathematics from Westfield State University in Massachusetts and was a pre-doctoral fellow at the University of Connecticut. He is an Associate of the Society of Actuaries and a Member of the American Academy of Actuaries. OCPS - RFP2010381 | January 7, 2021 33 Emily Alchin Consultant 7650 W. Courtney Campbell Causeway, Suite 1000 Waterford Plaza Tampa, FL 33607 Office +1.813.636.3049 emily.tinevez@aon.com Responsibilities Emily’s primary function is to provide project management, support clients, vendor management, plan design and implementation, compliance issues, and act as a main point of contact for day-to-day issues. Specific to product placements, such as those described in the RFP, Emily has managed the RFP process and benchmarking for Lee County Government and other public sector clients. Experience Emily has been working in the industry for the past five years, starting with small group sales before transitioning to the consultant side of the business. She has expertise in group products solicitations, ancillary offerings and working with clients on finding strategic solutions for their group benefit needs. Education Emily has a bachelor’s degree in criminology and criminal justice from Florida State University and holds an active Life, Health and Annuity License (2-15) through the State of Florida. OCPS - RFP2010381 | January 7, 2021 34 Amanda Brooke-Kross, ASA, EA, MAAA Vice President, Actuary and Financial Manager 7650 W. Courtney Campbell Causeway, Suite 1000 Waterford Plaza Tampa, FL 33607 Office +1.772.918.8018 amanda.brooke.kross@aon.com Responsibilities Amanda is an actuary for Aon’s public sector, large and middle market clients. Specializing in health and benefits consulting, she has more than 16 years of experience in the design and financing of employee benefit programs. Experience Her actuarial and consulting experience includes pricing, projections, renewal negotiations, claims reserve modeling, Florida 112.08 filings and plan design consulting. Amanda has been a Health Actuary with Aon since Sept 2006. Expertise Amanda’s expertise is in health and benefits consulting. Education Amanda Brooke is a graduate of Vanderbilt University, having earned a B.A. with a double major in mathematics and economics. She is an Associate of the Society of Actuaries (ASA), Enrolled Actuary (EA), and a member of the American Academy of Actuaries (MAAA). OCPS - RFP2010381 | January 7, 2021 35 Irene Gallagher, Esq. Vice President, H&B Legal Consulting Group 7650 W. Courtney Campbell Causeway, Suite 1000 Waterford Plaza Tampa, FL 33607 Office +1.813.636.3071 Mobile +1.813.326.9052 irene.gallagher@aon.com Responsibilities Irene is a vice president at Aon in the Health & Benefits Practice’s Legal Consulting Group. Her responsibilities include assisting consultants and working with clients to develop solutions for all planning and compliance aspects of their health and welfare plans. Experience Irene has 20 years of experience as an employee benefits attorney and consultant. She started her career with Hewitt Associates and has since served as a partner in national law firms exclusively devoted to employment and employee benefits law before joining Aon in 2018. Expertise Irene has served as president of a national benefits professional organization and has repeatedly received national recognition, including being named among “Best Lawyers in America” and as a “Super Lawyer” and received the highest “AV Preeminent” rating from Martindale Hubbell for the past decade. Irene has been a frequent lecturer on employee benefits and compensation matters locally and nationally. Education Irene earned her bachelor’s degree in English literature from the University of Chicago and her juris doctorate from the University of Illinois College of Law. She is admitted to practice law in Colorado, Florida, Idaho, and Illinois. Request for Proposal Employee Benefits Brokerage and Consulting Services McGriff Insurance Services, Inc. 12485 28th Street N., 2nd Floor St. Petersburg, FL 33716 McGriff.com Contents Tab 1: Letter of Transmittal 4 Tab 2: Demonstrated Experience of Firm and Project Personnel 7 Tab 3: Program Description and Method of Approach 29 Tab 4: References 47 Tab 5: Cost of Services 50 Tab 6: Other Forms 56 Tab 7: Additional Attachments 67 Tab 1: Letter of Transmittal McGriff | 4 CITY OF CLEARWATER | Request for Proposal 2021/RFP April 29, 2021 Ms. Valerie Craig, CPPB Sr. Procurement Analyst – Procurement Division The City of Clearwater 100 S. Myrtle Ave. Clearwater, FL 33756 Re: Request for Proposal #29-21 Employee Benefits Brokerage and Consulting Services Dear Ms. Craig: McGriff is pleased to present our partnership proposal for Employee Benefits Brokerage and Consulting Services to The City of Clearwater. We reviewed the RFP thoroughly, understand the requirements set forth by the City and are prepared to provide professional consulting services as set forth by the City of Clearwater. For almost 100 years, McGriff has served with distinction employers and plan sponsors by providing leading edge employee benefit management, actuarial and consulting services. Our work consists of serving all size of employers including public entities, who seek broad support and resources to manage complex benefit plans. As part of Truist Financial, McGriff operates with access to permanent capital and no debt. This is an important distinction in the market place. SunTrust Bank and BB&T – now part of Truist, offers the City enormous resources from traditional banking services to a full suite of investment and financial services. Together with McGriff, the City has unmatched resources from a single partner with a deep commitment to serving Floridians and public entities requiring best in class services from top notch people. At McGriff, our experienced insurance and risk management professionals develop highly tailored services and deliver them to meet the needs of our clients. Our client first approach provides the City with the tools and personalized solutions necessary to advance your long-term strategies while developing a customized approach to fit the City’s goals, strategic objective and unique culture. We distinguish ourselves by offering a “high-touch” level of service. We are accessible and available for our clients at all times. McGriff offers our value-added services as an extension of your Human Resources Department through a strategic partnership. Our No. 1 goal is to alleviate as many benefit-related burdens as possible, providing our clients with the tools and recommendations necessary to choose the best possible plan designs with “best in class” vendors. We also believe we set ourselves apart from the competition by the following: • INDEPENDENT: Our loyalty is and always will be to our clients and their employees. Our independent status allows us to be truly objective in our analysis of carriers, products and their financial underwriting analysis. • EXPERIENCED: Servicing large complex self-funded accounts and serving the public entity client • FOCUSED: We help manage our clients’ employee benefits while protecting their most valuable resource – their employees. • FLEXIBLE: The size of our firm combined with our expertise allows us to seek solutions far beyond the ordinary, while exploring ways to provide our clients the means for meeting their goals. • COMMITTED: We are committed to the process of negotiating the most comprehensive benefit program with the most competitive financial results for our clients. McGriff | 5 CITY OF CLEARWATER | Request for Proposal 2021/RFP Lastly, our presence with public entities in Florida is growing. Our consultative, hands-on approach makes McGriff different from other companies. Simply put, our focus is on you and our references will attest to our client first attitude, our team’s ability to listen and understand and do everything we say we will do. The authorized persons to make representations for McGriff and legally bind McGriff for our proposed services are: James Vigue, CLU, FLMI, ACS John. D. Bass, CEBS Vice President – Employee Benefits Vice President – National Public Entity Practice 12485 28th St N, 2nd Floor 8200 IH 10 West, Suite 215 St. Petersburg, FL 33716 San Antonio, TX 78230 (727) 803-8134 (210) 339-2481 jvigue@mcgriff.com john.bass@mcgriff.com McGriff does not submit any Exceptions to the Solicitation. We fully believe a change in benefit consultants can be positive for a plan sponsor. We also believe The City of Clearwater will greatly benefit from McGriff’s approach – with fresh ideas and extensive resources available to meet the City’s needs today and in the future. Jim Vigue is your primary contact for proposal clarifications and questions. John Bass is also available for proposal clarifications and appropriate contact information is above. We are seeking an opportunity to serve the City of Clearwater and welcome your business. Sincerely, Jim Vigue James Vigue, CLU, FLMI, ACS Vice President McGriff Insurance Services, Inc. Tab 2: Demonstrated Experience of Firm and Project Personnel McGriff | 7 CITY OF CLEARWATER | Request for Proposal 2021/RFP TAB 2 – Demonstrated Experience of Firm and Project Personnel The following information should be included: 1. A statement of qualifications, abilities, experience and expertise in providing the requested services. a. A description of what qualifies your firm, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. McGriff, founded in 1922, provides consultative risk management and insurance brokerage services for nearly all types of coverages serving the employer market. McGriff is a subsidiary of Truist Insurance Holdings, the sixth largest insurance broker in the United States. With offices across the United States, our growth is attributable to a client first approach with strategic resources for targeting industry client development and a top-tier client service. Truist Insurance Holdings national insurance operation’s 2020 revenue was $2.3 billion, includes 250 locations and more than 7,500 teammates that meet our client’s needs each day. 6th Largest Risk and Benefits Consulting Firm in the US Truist Insurance Holdings is owned by Charlotte, N.C.-based Truist Financial Corporation (NYSE: TFC), one of the nation’s largest and best managed financial institutions with assets approaching $525 billion. Truist was formed by the merger of equals SunTrust Banks and BB&T, completed in December 2019 with corporate headquarters in Charlotte, NC. Combined with our Insurance Holdings division, our corporate footprint in the State of Florida is significant and now actively pursuing new relationships and opportunities, growing our brand and customer base. McGriff, the retail insurance broker subsidiary of Truist, combines a full array of consulting services for Medical, Pharmacy, Dental, Vision, Disability, Life, Communications, HR, Employee Advocacy, Actuarial and Underwriting, Retirement Services, Benefit Administration, COBRA, FMLA, Cafeteria Plans, ERISA, and Compliance with exceptional market expertise and industry knowledge to deliver comprehensive insurance programs designed specifically for the City of Clearwater. Unlike our competitors, our growth has largely been organic instead of through acquisition. While our Florida public sector client list in is smaller compared to others, our enterprise’s commitment, expertise and diverse resources to the State of Florida and the Clearwater area is unmatched in the marketplace and further separates us from our competition. Moreover, our expertise in employee benefits and our approach to serving public entities is well established by a large and diverse client base. We understand the different intricacies that separate the public sector from the private sector and are able to conform to the specific requirements and preferences for this Project and the Service delivery method. Moreover, we believe our mission and promise supporting our clients separates us from our McGriff | 8 CITY OF CLEARWATER | Request for Proposal 2021/RFP competitors. As part of the sixth largest broker in the U.S., McGriff leverages our market position, intellectual capital, and excellent industry relationships to deliver the best possible pricing, terms, and service delivery from all insurance carrier and vendor partners. The data below includes information specifically about our employee benefits book of business: • More than 65 employee benefits offices across the United States including five distinct offices in Florida  Tampa/St. Petersburg  Orlando  Tallahassee  Jacksonville  South Florida • Over 10,000 employer clients and over 500 public entity clients nationally across our risk and benefits platform • Approximately 2,600 self-insured clients • Clients range from 2 employees to 55,000 employees • Employee benefits retention rates between 95% and 98% since 2008 • Diversity of business operations and specialized practices allows for unique perspectives on the industry and stability of performance across multiple markets • Broad infrastructure with resources and capabilities in key areas to support our local teams and their clients, including: actuaries, attorneys, clinical professionals and other subject matter experts • Full-service third-party administration, including ERISA compliance support • Full-service benefits administration services • Access to world-class vendors for additional services in technology, analytics, population health management, employee engagement, and other key capabilities • We are members of the National Advisory Council with over 15 carriers The servicing office for the City of Clearwater is: McGriff Insurance Services 12485 28th St N, 2nd Floor St. Petersburg, FL 33716 Our Mission and Promise guides our service to clients. McGriff’s Mission – To protect and improve the financial security and well-being of our clients and their employees while supporting our community and each other. The McGriff Promise: We will…. • Listen first • Invest in our clients and employees • Deliver innovative solutions • Act with integrity • Do all that we say we will do • Champion Certainty It is our belief we have an indisputable competitive advantage over our competitors and it is namely our people. We have some of the most knowledgeable, experienced and passionate people in this industry – especially working with the government buyer. We recruit talent with unique backgrounds, experience and perspectives. Our team consists of former underwriters and account executives from large insurance carriers, account managers from competitors, and leaders from within and outside our industry. McGriff | 9 CITY OF CLEARWATER | Request for Proposal 2021/RFP We do what we say we will do every single time. Working together as teams, we are passionate and relentless about making our clients successful. We believe ethics, trust and integrity backed by dedicated experts in a wide field of financial solutions is the best way to help our clients meet their objectives. b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or special expertise your firm has in providing employee benefits and insurance services to clients with similar or related business activities, specifically include experience with self-insured health plans offered by government employers. Include a list of current client relationships (local or otherwise), if not included in your references. McGriff aligns our consulting practice supporting 16 unique industries include Public Entity. For over 30 years, McGriff has dedicated resources supporting public entity employers to maintain comprehensive and cost effective benefits. McGriff Employee Benefits structures its operations to address the focused specialization needed to operate a benefit program in today’s complex and ever-changing business and regulatory environment. The City of Clearwater, as a large public entity, requires expertise to manage costs, maintain compliance for its self-funded plans and coordinate benefit administration for almost 2000 employees and hundreds of eligible retirees. To maximize the value of the products and services offered, technical expertise available, and the security of accurate compliance advisory, McGriff delivers through our unique shared services platform, we call our Specialty Practices. Our in-house, consultative team helps our clients manage costs, drive employee engagement and allow Human Resources and Benefits more time for strategic initiatives. Our specialty practices include: Financial Analytics McGriff provides the actuarial and underwriting expertise you need to help manage costs, mitigate risks, and reduce administrative burdens while optimizing the design of your employee benefits program. From plan design changes to performance metrics, access to complete, accurate and actionable data is the key to making informed decisions about your medical benefits. Our Financial Analytics team has the resources to help you do just that. Our solutions include: Actuarial Services • Plan design evaluation • Actuarial minimum value analysis • Claims analysis • Data analytics • Benefit strategy analysis • Benefit change impact analysis Underwriting and Claims Reporting • Renewal analysis and recommendations including negotiation strategy • Mid-year renewal projections • Multi-year renewal/cost projection • Funding comparisons (Fully-insured vs. self-insured) • Stop loss policy optimization • Data-driven claims reporting McGriff | 10 CITY OF CLEARWATER | Request for Proposal 2021/RFP Industry Benchmarking • Benefit plan design • Employee contributions • HSA/HRA funding • Affordability • Financial cost On-Going Education • Webinars, seminars, and e-newsletters to keep you up-to-date on industry trends • Training programs on key actuarial and underwriting topics • Actuarial and underwriting resources to help make data driven decisions about plan design and contribution strategies, costs and risk Retirement Services Retirement consulting services for pension plans and post-retirement medical actuarial valuation. Our team of actuaries and pension experts provide coordinated retirement plan services that reduce administrative burden, mitigate risks, and provide a quality participant experience. McGriff retirement plan experts offer: • Strategic Advice – We provide guidance in all areas of retirement benefits including plan design, pension risk transfer, forecasting and cash flow planning, and plan termination. • Compliance – We monitor the ever-changing compliance landscape to keep you up-to-date on all rules and regulations that may impact your plan. • Actuarial Services – Our comprehensive actuarial services cover pension valuations, FASB and GASB reporting, post-retirement medical (OPEB) and executive retirement plans. You can count on sound models with reasonable assumptions based on plan history and future expectations to provide timely and accurate measurement of retirement obligations. • Plan Administrative Services – Our full-service capabilities include participant call center, benefits administration and distribution management, online tools, and data warehousing. Additional services from McGriff Retirement Consulting include:  Traditional Defined Benefit Plan Services  Cash Balance and Other Hybrid Plan Services  Post-Retirement Medical and Life Insurance Services  Actuarial Valuations  FASB and GASB Reporting  Benefits Administration and Outsourcing  De-Risking Pension Plans  Plan Termination Support  Forecasting and Cash Flow Planning  Asset/Liability Modeling  Plan Design  Participant Communications  Mergers and Acquisition Human Resources Advisory McGriff will provide advice, best practices and insights on a wide range of HR issues across the employee life cycle including direct access to McGriff’s in-house HR Advisory team led by Janie Warner. We are here to assist our clients, help train their staff and address employers’ most critical concerns. People risk is inevitable for an organization and reducing it is no small feat given the potential risks, ever-changing legislation and the need for high impact expertise in the moment. McGriff recognizes these significant risks center around an organization’s people. To that end, we also provide our clients no-cost access to Think HR – a robust resource with live advisor, reliable content and interactive technology solutions that provides an end-to end People Risk Management McGriff | 11 CITY OF CLEARWATER | Request for Proposal 2021/RFP Section. We can produce an annual “cost impact” report showing how much the City has saved in plan administration expenses by using Think HR. McGriff can provide your HR team with guidance on practically every HR topic, issue or concern. If you are like most human resources professionals, you probably have more work than time. Let us give you more time back in your day by providing timely research, information and thought leadership to help you with your HR strategy. Compliance We provide our clients with Legislative alerts, webinars, white papers, and other resources from our team of law-degreed advisors to keep you current on compliance issues. McGriff has a team of in-house attorneys and legal advisors that operate through our McGriff platform. They serve many purposes; internally, they advise our consultants on the growing legal obligations and regulatory requirements that our clients face with respect to their benefit plans, including ERISA and ACA compliance. They are also available on a daily basis to assist our consultants in resolving the complex issues and problems that our clients face and to answer benefits related questions for our clients. In addition to our in-house legal counsel, McGriff maintains a relationship with Ogletree Deakins, a leading labor and employment law firm to provide legal services that exceed our scope or requires a legal opinion. This is a value-added benefit included in our scope of services. Lastly, the cost impact of outside compliance services can be significant and McGriff includes this service in our core fees saving the City time and expenses from securing compliance resources from a third party. Clinical Wellness – Industry insights, solutions and thought leadership to promote better employee health, reduce future health risks, and improve productivity Our team will traditionally conduct an environmental assessment of City’s policies and worksite issues relating to wellness and its impact on the City’s claim experience. We will work hand in hand with all stakeholders – the City’s HR, Benefits and Wellness teams and City Leadership to see that all-important issues are addressed. Routinely, all current wellness strategies – both in-house and external vendors are analyzed for: • Cost effectiveness and measurement of key performance indicators • Proper design and programing based on City culture • Alignment with City’s strategic vision regarding employee health, wellness and total rewards • Together, we will develop multi-year strategies and phased approaches, offer guidance in evaluating vendors, and provide ongoing support and counsel in the following key areas:  Program Assessment – We help with data collection and review, historical analysis, defining goals, understanding cultural considerations and implement consistent performance standard to measure outcomes and each program’s quantitative and qualitative value.  Consultative Support and Stewardship – Developing and maintaining an effective clinical wellness program requires a multi-faceted approach that evolves with your employees. We work with you for the long-term as a trusted advisor providing support for strategic initiatives and helping to address challenges.  Thought Leadership – Stay up to date on the latest workplace wellness trends with white papers, email alerts, webinars and in-person presentations. Pharmacy Benefit Consulting Expertise to help elect the best pharmacy benefit partner for your organization and your employees with skill to maintain partner compliance and financial competiveness Understanding complex pharmacy claims data can help you make decisions that have a direct impact on plan costs. True transparency exists only if the cost of a paid claim is the same for the client, pharmacy and PBM. Financial McGriff | 12 CITY OF CLEARWATER | Request for Proposal 2021/RFP guarantees must be well defined to hold a PBM accountable to all contract terms. McGriff is dedicated to providing an unbiased review so you can make the best choice when choosing a PBM provider. Let our pharmacy experts review and update key areas including: • RFP management to assist in vendor selection and ensure stringent contract terms • Contract and Pricing negotiations • Data analytics review with clinical and economic observations • Trend reporting to provide future population health projections • Clinical program strategy including gaps in care, drug adherence and utilization management • Specialty drug management through plan design and manufacturer assistance programs • Pharmacy Network options including 90 days at retail, limited networks and onsite pharmacies • Employee Clinic Pharmacy services and 340B management • Audit services to validate that all financial and administrative PGs are met or reconciled Communications Strategies that build awareness educate employees and drive engagement in your benefits. For years, benefit communications have largely focused on plan attributes – “what is my deductible, co-payment, and out of pocket maximum” and basics such as choosing a network provider vs. out of network provider. There is plenty of research to suggest that health literacy and sub-optimal health care decision-making remains an area for great improvement. McGriff has continued to build out our digital capabilities to enhance your “virtual communication” tools and resources to help you communicate more effectively with your employees about benefits, open enrollment, financial-related issues, and other HR-related topics. Benefits Administration Technology Knowledge and experience to help select the best technology solution to meet your needs and the guidance to ensure a successful implementation. McGriff has the expertise to help you make the best technology decisions for you, your employees and your organization. Since we live and breathe benefits every day, you can rely on us to provide unbiased advice to identify the best partner to meet your needs. Our team can help identify a solution that could eliminate the need to make repetitive entries into multiple sites to add, term or change employee coverage – or into payroll to make appropriate payroll deductions. By choosing and implementing the right technology, you can more easily audit and monitor insurance eligibility to ensure billing is accurate and benefits are administered correctly and timely – saving the City precious time, resources and money. Flexible Benefit Services The full suite of administrative services for FSAs, HSAs, HRAs, Transportation Spending Accounts (TSAs), COBRA, and retiree billing. McGriff offers a full-suite of Flexible Benefit administration through McGriff proprietary platform Voluntary Employee Benefits – Leadership in the design and administration of voluntary benefits to enrich the core benefit offerings that meet their diverse and unique needs of a changing workforce McGriff | 13 CITY OF CLEARWATER | Request for Proposal 2021/RFP With McGriff, the City is able to have all the necessary services provided from one firm. Key members of the in-house specialty practice team who will support the City are: Compliance Clinical Wellness / Wellbeing Anne Hensley, JD, ERISA & Employee Benefits Consultant Tom Lerche, Director of Health Management Katie O’Neill, Practice Leader Actuarial Employee Benefit Communications R. Edward Johnson, ASA, MAAA, ACA, SVP, Healthcare Consulting Actuary David Meckle, Practice Leader Flex & COBRA Services HR Advisory Ryan Peterson, Practice Leader Jamie Warner, Practice Leader Ben Admin & Technology Pharmacy Kisha Moliere, Practice Leader Denise Cabrera Of course, our business and client commitments could not succeed unless we had very strong relationships with carriers and other business plan partners. As of January 2021, McGriff’s list of approved vendors is approximately 800 local, national and regional insurance companies, pharmacy benefit managers, health care providers, benefit administrators, and health services companies. McGriff is an authorized agent and broker for all Blue Cross Blue Shield Plans, Cigna, Aetna, Humana, Kaiser, UnitedHealthcare, regional TPAs and other national carriers. We maintain large books of business with standalone PBMs including CVS/Caremark, ESI, OptumRX, and have strong relationships with most every specialty carrier for Life/AD&D, Dental, Vision, Disability and Critical Illness and Financial Protection products including Hartford, MetLife, Delta Dental, Unum, Principal, Guardian, VSP, Symetra, Avesis, SunLife, Lincoln, Mutual of Omaha, EyeMed, Superior, Ameritas, and many more. McGriff offers significant experience in placing excess risk insurance (stop-loss) using our proprietary stop-loss panels and at times, captives to obtain favorable stop-loss pricing and terms for our clients. Further, McGriff serves on Broker Advisory Councils for many Blue Cross Blue Shield Plans, Aetna, Cigna, UnitedHealthcare, Anthem, Guardian, SunLife, Hartford, UNUM, Kaiser, MetLife and Ameritas. McGriff only works with financially sound, highly rated insurance carriers, third party administrators and other companies who provide health care, benefit administration and other related services. As a subsidiary of Truist, one of the unique and differentiating factors separating us from other consulting firms is that McGriff is held to the same compliance standards as a commercial financial institution. Therefore, the McGriff / Truist Market Security Team performs an in-depth approval process for every vendor and involves multiple levels of review of vendor documents and financial statements. Approvals are reviewed periodically to ensure the vendor continues to meet required standards. McGriff maintains an open dialogue with all our vendors. We have relationships with senior level executives at the vendors with whom we conduct business, as well as strong relationships at the local level. We understand the importance of these relationships and realize it is a true partnership. We typically have annual meetings with them to discuss what is new at their company as well as periodic meetings throughout the year. It is always our goal both personally and professionally to maintain quality business relationships built on honesty and integrity. First, we treat clients, carriers and our competition with the utmost respect. It is important to note that our allegiance is to the client first, and we will always represent and advocate for you in the most prudent and ethical manner. Further, we routinely request that carriers include performance guarantees in their contract and will negotiate McGriff | 14 CITY OF CLEARWATER | Request for Proposal 2021/RFP stronger guarantees as part of the RFP process, especially new guarantees that reflect the changing dynamics of care delivery, consumer advocacy, and clinical engagement and the drive to lower cost. We also like to request implementation credits and transitional allowances that provide real money to the client, in order to ease the burden of carrier change. Another popular allowance offered today are wellness credits or allowances. We like to request this allowance so the carrier can assist in funding wellness programs and associated wellness rewards. Further, we will monitor the City with each vendor partners’ client service team. We review claims experience on a regular basis and speak with our clients frequently to discuss how the plan is running and how the carrier is performing. Any negative comments received from the client will be discussed with the carrier as soon as possible, and we expect those problems to be handles quickly. In short, we serve as a liaison between the City and your vendor partners to resolve any issues that arise. Finally, McGriff has experience working with clients that have employees covered through Collective Bargaining Agreements. McGriff is strongly committed to support the City’s Leadership, Human Resources and Benefits team in all aspects of managing all CBA’s within your plan. Understanding the complexity of CBA arrangements, we are experienced in dissecting the agreement language to guide you during renewal negotiations as well as helping to develop a strategy that meets our client needs while maintaining adherence to the in-force agreements. McGriff provides additional support including our presence at negotiations and delivering insights and guidance by our in- house legal counsel, if desired. We believe the City is in safe hands with the McGriff team; experienced in developing health strategy and across the entire benefit spectrum, devoted to serving the public entity and with skillful resources to support the City in Employee Benefits Administration across your entire population. We have provide a short list of sample work documents, communication and other work products for the City’s review. In Tab 7, we have provided additional sample work documents and reports. McGriff | 15 CITY OF CLEARWATER | Request for Proposal 2021/RFP McGriff | 16 CITY OF CLEARWATER | Request for Proposal 2021/RFP McGriff | 17 CITY OF CLEARWATER | Request for Proposal 2021/RFP c. Describe your firm’s efforts to remain current on business and employee benefit issues relating to the City of Clearwater business profile, including industry or association memberships, if applicable. McGriff’s has been servicing public entity accounts for over 30 years and our Public Entity practice is one of the strongest industry verticals within McGriff. McGriff’s has over 500 public entity clients nationally across our entire risk and employee benefit operations. We easily navigate the different intricacies that separate the public entities from the private sector. This includes providing services such as accurate and timely financial reporting that helps local governments meet budgeting requirements; aiding in the design and implementation of RFP’s for vendor services, while adhering to fair practice, compliance and ethics requirements; and aiding HR and financial staff in presenting findings and recommendations to governing Boards. Our consulting model provides our clients with local employee consulting and client leadership support from seasoned and experienced individuals with local knowledge and relationships in the area with support from our national public entity practice team – a dedicated group of public entity experts supporting our local teams and clients. This model is similar to our banking operations at SunTrust now Truist and BB&T now Truist – dedicated individuals serving the Public Entity employers with valuable banking and financial services supported by the local resources. Adam Horn is our Truist banking teammate residing in the greater Tampa area and dedicated to serving public entities. McGriff also strives to keep our staff abreast of industry and legislative changes. In addition to the continuing education requirements for licensing, we also encourage our staff to obtain professional designations, elevating their creditability as a professional in employee benefits. Many of the staff that would be working directly on your account hold professional designations that allow them to better analyze your group benefits with respect to the ACA environment, contract provisions, marketing, underwriting, plan designs, cost containment and alternate funding methods. McGriff | 18 CITY OF CLEARWATER | Request for Proposal 2021/RFP McGriff is very active on many public entity and government industry associations including various RIMS Chapters, State and Local Government Benefit Association (SALGBA) and Public Risk Management Association (PRIMA). In addition, McGriff is a frequent speaker at national and regional conferences and Scott Gibbs, McGriff’s National Employee Benefit Public Entity Lead serves on the Governing Board of SALGBA. 2. Identification of dedicated personnel to be assigned to the City. Personnel named in the proposal may not be substituted without permission of the City. Include an estimate of each key person’s allocated time to the City of Clearwater’s account. Include an organizational chart identifying the team and reporting structures. a. Resumes, including relevant experience may be included. Our client management approach is personal for each client. Our multi-disciplinary team approach ensures that the City will have the necessary resources to execute all services and have a close relationship with those who are working on your group’s behalf. Your dedicated McGriff team will have a complete understanding of your culture and goals for your employees and their benefits. We believe our high client retention is a reflection of how we interact and provide service to our clients. We strive to exceed our clients’ expectations each day. We stay in close communication with all of our clients and their decision makers to make sure they are satisfied with the partnership and our services. Once we get involved in an issue, we “own” it until it is completely resolved. Employee Benefits Team Our client management philosophy reflects in how we structure our consulting teams. We assign each client a strategic/core consulting team consisting of: • Senior Consultant(s) – Overall responsibility for the account; leads strategic oversight, program design and relationship management and support from our National Public Entity Practice. • Lead Account Executive – Responsible for project management; coordinates and works with all involved internal and external parties. • Account Executive(s) – Responsible for day-to-day activities; first point of contact for administrative functions, vendor interface, compliance needs and employee communications and enrollment coordination. • Financial Benefits Analyst – Supports team with project delivery, research and analysis. Forrest Boushall, a senior member of the McGriff Florida Team, leads our local team. The assigned client team is responsible for general consulting and day-to-day serving. Our National Public Entity practice personnel will provided added support and expertise. In conjunction with our core consulting team, the City will have access to a team of specialists in the practice areas of Compliance, Actuarial and Financial Analytics, Pharmacy, Communications, Benefits Administration Technology, HR Advisory, Clinical Wellness, Retirement Plan Consulting and Flexible Benefits and COBRA. McGriff | 19 CITY OF CLEARWATER | Request for Proposal 2021/RFP Organizational Chart Jim Vigue Vice PresidentEmployee Benefits Consultant Barney Spurlock Account Executive Employee Benefits Gina Pickard Account Executive Employee Benefits Barbara Brockman Client Service Manager Employee BenefitsWest Florida Forrest Boushall Vice President Employee Benefits McGriff | 20 CITY OF CLEARWATER | Request for Proposal 2021/RFP JIM VIGUE, FLMI, CLU, ACS, Advanced Self-Funding Certified, Hopsitality & Tourism Management Certified Direct: 727.803.8134 Vice President/Employee Benefits Consultant Email: JVigue@mcgriff.com EDUCATION Bachelor of Arts in Business Management, Eckerd College LICENSES/CERTIFICATIONS Florida Life, Accident, Health & HMO Non-Resident Life & Health License in Multiple States Advanced Self-Funding Certified- NAHU Hospitality & Tourism Management Certified- FAU AREAS OF EXPERTISE • Servicing all health and welfare benefits plans for large employers • Primary focus middle market and large multi-state employers • Long term strategic planning with employers allowing them to develop an overall corporate benefits plan that is consistent with the company’s future goals and budget • Evaluating carrier underwriting on both fully-insured and self-funded plans • Evaluating risk and funding arrangements for both new business and renewals • Hospitality & Tourism Industry Employers • US Divisions of Foreign owned companies EXPERIENCE HISTORY McGriff Insurance Services 2008 – Present Senior Vice President Employee Benefits Consultant Modern Business Associates 2007 Executive VP of Sales BB&T Insurance Services 2004- 2006 Employee Benefits Consultant Jim Vigue, Vice President Consultant has been with McGriff for over 15 years and 28 years in the industry. Jim has spent the majority of the time as a Group Benefits Consultant, and has previously worked in the related fields of Life & Health Underwriting, PEO sales, Human Resource and Payroll outsourcing. Jim has been a presenter and key speaker for SHRM Groups, Chambers of Commerce, and Industry panels. Jim is known for developing innovative strategies that affect his client’s bottom line by assisting clients with defining and understanding their goals and long term planning. Jim is able to deliver today’s complicated benefit plans to employers in a manner that is impactful and understandable. McGriff | 21 CITY OF CLEARWATER | Request for Proposal 2021/RFP GINA PICKARD Direct: 727.471.6474 Account Executive/Employee Benefits Email: Gina.Pickard@Mcgriff.com Gina Pickard, MHP – Account Executive is the assigned Lead account manager. She is an experienced McGriff representative responsible for benefit plan reporting oversight of compliance, risk and claim adjudication, and ACA review. She brings experience in medical and pharmacy due diligence and patient advocacy. She has performed and conducted complex statistical and financial analysis. She can provide analytical and research support for her clients. Gina takes a proactive approach to client management including ACA and HIPAA compliance, employee benefits engagement, pharmacy plan management, forecasting future trends to employee benefits and their impact. Her clients are primarily large self-funded employers requiring strong client involvement and industry insights. EDUCATION Bachelor of Science, University of South Florida Certified Hospitality & Tourism: College of Business, Florida Atlantic University The Science of Wellbeing: College of Psychology, Yale University LICENSES/CERTIFICATIONS Florida: Life, Health Managed Health Care Professional (MHP) America Health Insurance Plans Hospitality & Tourism Management Certified- FAU AREAS OF EXPERTISE • Servicing all health and welfare benefits plans for large employers • ACA/HIPAA Compliance Claim Advocate • Specialty Projects including Insurance Fraud and Benefits adjudication • Prescription Assistance with plan cost saving measures • Evaluating provider network access and discounts EXPERIENCE HISTORY McGriff Insurance Services 2014 – Present Account Executive/ Employee Benefits Teaberry Health and Welfare Benefits Practice 2009 – 2014 Vice President/Principal Manatee Diagnostic Center 1996 - 2009 Managed Care Director Service, Leadership and Recognitions MVP 2020 McGriff Insurance Services President, Student Parent Association, SPCS Chairperson, Annual Festival 2006-2019 SPCS Chairperson, Partners With Haiti 2014-2018 McGriff | 22 CITY OF CLEARWATER | Request for Proposal 2021/RFP BARNEY SPURLOCK Direct: 727-803-8127 Employee Benefits Account Executive Email: bspurlock@mcgriff.com Barney Spurlock, Account Executive, has been with McGriff for over 7 years, and has been in the Employee Benefits field for 15 years. Barney has served in multiple roles within the industry, ranging from Consultant to Account Management. He started out consulting with small groups as they developed their Employee Benefits programs and has since moved on to manage and consult with our larger, more complex clients as they continually work on developing their Benefits Programs. Barney has his Florida Life and Health License as well as a Self-Funding Certification from the National Association of Health Underwriters. EDUCATION Bachelor of Science in Management Studies, University of Maryland LICENSES/CERTIFICATIONS Florida Life & Health License Advanced Self-Funding Certified- NAHU AREAS OF EXPERTISE • Servicing all health and welfare benefits plans for large employers • Consulting with employers to help them as they develop their corporate benefits plan that is consistent with the company’s future goals and budget • Federal and State health insurance laws • Health Insurance regulations and compliance EXPERIENCE HISTORY McGriff Insurance Services 2013 – Present Ceridian 2011 – 2012 Payroll and Benefits Consultant Wallace Welch & Willingham 2008 - 2010 Employee Benefits Consultant Advanced Benefit Plans 2006- 2008 McGriff | 23 CITY OF CLEARWATER | Request for Proposal 2021/RFP BARBARA BROCKMAN Direct: 727.471.6473 Client Service Manager/Employee Benefits-West Florida Email: barbara.brockman@mcgriff.com Barbara Brockman is McGriff West Florida’s Employee Benefits Department Manager. Barbara has been with McGriff for 3 years and 11 years in the industry. With the acquisition of Regions Insurance by BB&T, Barb joined McGriff in her current role. As the department manager, she inherited a talented group of existing BB&T Insurance staffers and blended those individuals with the Regions team. She continued to build the department by recruiting new staff members from carriers, PEOs, competing agencies and HR professionals. In addition, she ensures that clients are up-to-date on all compliance requirements and the financial analytics that our team of corporate specialists provide without exception. Barbara has managed Employee Benefits groups of all sizes, and continues to provide expertise to our largest self-funded customers. LICENSES/CERTIFICATIONS Florida Life & Health AREAS OF EXPERTISE • Service support for staff and clients • Compliance support for staff and clients • Contribution strategy collaboration with employer groups • Relationship Manager • Talent Recruitment EXPERIENCE HISTORY McGriff Insurance Services 2018 – Present Client Service Manager/Employee Benefits-West Florida Regions Insurance 2014 – 2018 Client Service Manager/Employee Benefits- Florida Teaberry Health & Welfare Benefits Practice 2010 - 2014 Client Service Manager McGriff | 24 CITY OF CLEARWATER | Request for Proposal 2021/RFP FORREST BOUSHALL Direct: 813.300.1900 Vice President/Employee Benefits Email: forrest.boushall@Mcgriff.com Forrest Boushall, Vice President has been in the industry over 31 years. Forrest works with companies and entities in helping them understand what drives their cost then introduces specific solutions tailored to their plan performance issues. Health care is in the midst of a transformation of not being able to sustain the continued cost increases employers experience. Yet employers have been conditioned to believe their only options are with minor changes to past platforms. Forrest and his team’s role is to educate and implement transformative solutions creating better results and a more sustainable solution. EDUCATION Bachelor of Arts in History, University of Virginia LICENSES/CERTIFICATIONS Florida General Agent Florida Life, Accident, Health & HMO Florida Property & Casualty Non-Resident Life & Health License in Multiple States AREAS OF EXPERTISE • Servicing all health and welfare benefits plans for large employers • Primary focus middle market and large multi-state • Long term strategic planning with employers coupled with innovative solutions in reducing cost and providing tools for employees to better manage health care decisions and cost • Evaluating carrier underwriting on both fully-insured and self-funded plans • Evaluating risk and funding arrangements for both new business and renewals EXPERIENCE HISTORY McGriff Insurance Services 2017 – Present Vice President Lanier Upshaw 2007 – 2017 Principal/Consultant Davis Baldwin / Wachovia Insurance Services 1999 - 2007 Consultant Boushall & Associates 1989 - 1999 Principal/Consultant McGriff | 25 CITY OF CLEARWATER | Request for Proposal 2021/RFP National Public Entity Team JOHN D. BASS, CEBS Direct: 210.339.2481 Vice President – Employee Benefits Email: john.bass@mcgriff.com John Bass, CEBS, Vice President, a senior consultant and will provide strategic consulting support to the City of Clearwater. He is a member of McGriff’s National Public Entity Practice. A Certified Employee Benefit Specialist (CEBS), John has over 35 years in employee benefits administration and client facing leadership roles within the health and benefits industry including serving as the National Practice Lead for Public Sector and Labor markets for a major managed care organization. John is an industry expert on health strategy, managed care and clinical applications and has extensive knowledge of benefit plan design and management. In his career, he has served many public plan sponsors including state and local governments, educational institutions and other publically funded organizations. EDUCATION Bachelor of Arts (Economics), Austin College, Sherman, Texas LICENSES/CERTIFICATIONS Texas General Agent – Life, Accident, Health and HMO Non-Resident Licenses – Multiple States Certified Employee Benefit Specialist (CEBS) – The Wharton School, University of Pennsylvania AREAS OF EXPERTISE • Broad experience in health and benefit strategy and expert in managed care and clinical applications. • Extensive knowledge of architecture for benefit design and emerging strategies • Member of McGriff’s National Public and Educational Entity Consulting Practice • Expert in understanding hospital and provider network configurations: ACOs, PCMHs, Direct Primary Care models and the applicable payment methodologies to assess overall financial performance and care improvement • Skilled at long-term strategic planning using plan data, peer benchmarking and insight analytics for process improvement. • Experienced with Vendor Management and Procurement Strategies • Expert with Retiree strategies using Group Medicare / Medicare Advantage to reduce OPEB liability EXPERIENCE HISTORY McGriff Insurance Services 2020 to Present Vice President UnitedHealthcare 1995 - 2020 Various roles including Regional Vice President & National Practice Lead for Public Sector / Labor & Trust The Travelers Insurance Company 1983 – 1995 Sales Leader- Commercial Markets McGriff | 26 CITY OF CLEARWATER | Request for Proposal 2021/RFP SCOTT GIBBS Direct: 469.232.2188 Senior Vice President/Employee Benefits Email: sgibbs@mcgriff.com Public Entity Practice Leader Scott Gibbs, Senior Vice President is McGriff’s National Public Entity Benefits Practice Leader. Scott has been with McGriff for over 18 years and 22 years in the industry. Scott serves on the McGriff Executive Team and holds a Life and Health Insurance Counselor’s License. In addition, he holds the certification of Certified Government Benefits Administrator through State and Local Government Benefits Association (SALGBA), SALGBA is one of the largest professional organizations providing government entities with educational and collaborative support. He also serves on the SALGBA Board and is a frequent speaker at regional and national conferences. Scott currently works with over 20 different public entity clients providing creative solutions for all aspects of their health and welfare benefit plans. EDUCATION Bachelor of Arts in Sociology, Baylor University Master of Science in Health Care Administration, Trinity University LICENSES/CERTIFICATIONS Texas General Agent Texas Life, Accident, Health & HMO Texas Life & Health Insurance Counselor Non-Resident Life & Health License in Multiple States Certified Government Benefits Administrator (CGBA) through State and Local Government Benefits Association (SALGBA) AREAS OF EXPERTISE • Servicing all health and welfare benefits plans for large employers • Primary focus large public entities • Long term strategic planning with employers allowing them to develop an overall corporate benefits plan that is consistent with the company’s future goals and budget • Evaluating carrier underwriting on both fully-insured and self-funded plans • Evaluating risk and funding arrangements for both new business and renewals • Evaluating provider network access and discounts • Associate Board Member State and Local Government Benefits Association (SALGBA) EXPERIENCE HISTORY McGriff Insurance Services 2002 – Present Senior Vice President/Employee Benefits National Practice Leader Benefit Partners 2000 – 2002 Principal Humana 1999 - 2000 Sales Manager McGriff | 27 CITY OF CLEARWATER | Request for Proposal 2021/RFP SANDY BROWN Vice President / Account Executive Sandy Brown, Vice President/Account Executive, is the senior member of the assigned client service team and a member of our National Public Entity Practice. Sandy has been with McGriff for 18 years and over 22 years in the industry. In addition, she holds the certification of Certified Government Benefits Administrator through State and Local Government Benefits Association (SALGBA), SALGBA is one of the largest professional organizations providing government entities with educational and collaborative support. Sandy has significant expertise in helping public sector clients develop creative solutions surrounding their health and welfare benefit programs, enhance communications strategies and lead the account team in providing excellent service to our clients. EDUCATION Bachelor of Science in Human Relations & Business, Amberton University LICENSES / CERTIFICATIONS General Lines Agent, Life, Accident, Health and HMO CGBA - Certified Government Benefits Administrator AREAS OF EXPERTISE • Development and evaluation of marketing specifications for employee benefit plans, including medical, dental, vision, life, AD & D, disability, COBRA, HIPAA, cafeteria plans and retirement plans • Attending planning sessions with employers to develop benefit programs • Comprehensive account service, including problem solving and liaison with various vendors for benefit administration • Creating of employee communication materials and conducting employee enrollment meetings • Researching and responding to customer inquiries regarding their perspective health and welfare benefits plans Troubleshooting employee/dependent claim issues • Contract & Plan Document review for accuracy and compliance • Form 5500 tracking & reporting EXPERIENCE HISTORY McGriff Insurance Services 2002 – Present Vice President / Account Executive Lockton Dunning Benefits 1999 - 2002 Executive Assistant Prudential HealthCare 1998 - 1999 Proposal Technician McGriff | 28 CITY OF CLEARWATER | Request for Proposal 2021/RFP JORDAN NIXON Direct: 469-232-2134 Account Manager / Financial Analyst Email: jnixon@mcgriff.com Jordan Nixon, Account Manager, is the assigned financial data and reporting analyst for the City. Jordan has been with McGriff for four years and provides all standard reporting and data analytics to City’s team. Jordan is highly engaged in his clients’ data needs working to customize data reports and analytics for the benefit of the client. Jordan is responsible for all monthly, quarterly and annual reporting including budget projections, financial forecasts, IBNR calculations and annual benefit benchmarking. Jordan serves a as member of McGriff’s National Financial Analytics and Reporting Team. EDUCATION Bachelor of Arts in Mathematics with Biblical Studies Minor, Ouachita Baptist University LICENSES / CERTIFICATIONS General Lines Agent, Life Accident & Health & HMO AREAS OF EXPERTISE • Tracking and analysis of benefit plan performance • Proposal comparison and analysis • Benefits administration, including transfer of eligibility data to vendors • Benchmarking analysis • Stop Loss threshold analysis • Data Analytics platform specialist EXPERIENCE HISTORY McGriff Insurance Services, Inc. 2017 - Present Financial Analyst Tab 3: Program Description and Method of Approach McGriff | 30 CITY OF CLEARWATER | Request for Proposal 2021/RFP TAB 3 – Program Description AND Method of Approach Clearly define the program offered and your method of approach to include, but not limited to the following elements: 1. Employee Benefits Assessment and Analysis: Provide a summary of your firm’s process in conducting risk assessment and analysis for firms similar to the City of Clearwater. Identify resources to be used, if not already part of the proposed service team. Provide samples of internal or external reports that are a product of such assessment and analysis. Based upon the information currently available, identify areas of emerging risk relative to the City of Clearwater operations, or risk warrants greater attention. With the City’s continued growth, we believe this RFP allows the City to reexamine current benefit strategies emphasizing organizational culture and alignment with leadership’s vision of the employee benefit plan. McGriff brings a unique and powerful approach to the City of Clearwater. McGriff MORE InsightsTM provides awareness and opportunity to impact four key areas of your program: • Managing Costs • Operational Efficiency • Risk Mitigation • Employee Experience MORE Insights is McGriff’s approach to the optimization of employee benefits. As employee benefits consultants, our job is to help our clients take care of their people; doing that is about helping our clients navigate the balance of offering the most competitive and cost effective benefits. Succeeding in that balance is about understanding YOUR ecosystem of benefits and how it aligns with YOUR organization’s culture. McGriff MORE Insights brings clarity in defining that ecosystem and direction to optimizing it: it answers three key questions related to your benefits program and we do this across best practices in four areas: managing cost, operations, risk and employee experience (that is what makes up the acronym MORE), and it all centers around culture. More to the point, McGriff MORE Insights quantifies your benefits ecosystem. McGriff | 31 CITY OF CLEARWATER | Request for Proposal 2021/RFP How is your organization doing? Are the City’s initiatives in place today to drive better healthcare behavior having a meaningful impact? Where should you aim? Will a conservative, moderate or aggressive strategy, drive optimal plan performance over a specified period? What is the value in getting there? What is the financial impact of optimal plan performance? How is it measured? Benefit from Our Approach McGriff MORE InsightsTM is a proprietary system designed to create best practice metrics that quantify benefit plan performance and help us develop a best-in-class benefits program tailored to your goals and objectives. Further, many of our clients using McGriff MORE InsightsTM have consistently outperformed national healthcare cost trends. Managing Costs We design and implement solutions to control your future spending up to 50% below market trends: • Our actuaries and underwriters focus their strategies on maximizing the value from investments for insured and self-insured products focusing on all key cost indicators. • Claims analytics tools provide leading indicators of the clinical side of claims – enabling us to develop a plan design best suited to your population profile – for medical and pharmacy design, ancillary benefits and your entire benefit program. • Our strategy encourages employees to migrate to a plan design that best fits their probable usage, by ensuring participants enroll in coverage that does not provide more insurance than they need, thereby saving both employee and employer unnecessary premium costs. • Deployment of leading edge pharmacy analytics for optimal plan design and savings opportunity with enhanced member support. • We leverage our market presence to deliver best-possible pricing and service delivery from all insurance carrier partners. We have worked with carriers to give us preferred partner pricing, based on our proven methodologies of improving employee health engagement and reducing claims. Operational Efficiency We make sure you have the right administration solutions in place: • Vendor Management, Online enrollment and Administration system • Employee Portal for benefit elections modeling tools and health management • Integration of Employee Health Center into all aspects of plan administration • Data management services linking payrolls with eligibility • Benefit administration services • Monthly billing and reconciliation services • Employee Call Center • Leave Management Risk Mitigation We take a proactive approach based on years of experience and market trends to minimize exposure: • Mitigate current and future risks and exposure through plan strategy and plan design based on cost, compliance, and health care reform. • Compliance audits of current programs – and suggestions for improvement. • Health care reform assessment on issues related to eligibility, affordability, and actuarial value for your group’s total population. McGriff | 32 CITY OF CLEARWATER | Request for Proposal 2021/RFP • Health management services that alter employees’ lifestyle and behaviors – to improve health and engagement for clinical support and coaching programs. Employee Experience We deliver superior client service to the employer and to the employee through multiple educational communication methodologies which provides for a better experience and improved morale: • Use of our Client Experience Roadmap to improve the employer and employee experience • Easy access to educational, valued, and personalized employee communications that aid participant understanding of their benefits and guide them to make the best decisions for their individual needs. • Define the benefits enrollment process and access to decision making tools to aid members with healthcare decisions • Help defi ne the right well-being program • Satisfaction surveys annually for clients and participants for continuous improvement Are Your Strategy and Culture Aligned? The core of McGriff’s Employee Benefit Solutions value statement is our emphasis on understanding your business — how your human capital strategy connects to your overall business strategy and how your benefits plan reflects your key human capital strategy objectives. We make sure you connect key cultural aspects of the City’s leadership approach to your benefits program. Your culture score can inform both the direction of change for your benefits plan and the speed of that change and McGriff will guide you every step of the way. 2. Marketing: Describe your firm’s proposed marketing processes and strategies. Provide comment on current program structure and pricing (to the extent possible) with particular emphasis on your firm’s assessment of the insurance market. Include identification of resources that are not part of the proposed service team. Provide a suggested listing of markets that may be considered for each major line of coverage, including your rationale for such a course of action. Include any intermediaries to be used and your relationship with those companies. (Note: The City is requesting a sample only of the markets that your company would use for an account of the size of Clearwater). Once awarded your business, our team will begin joint planning for a thorough needs and risk analysis that delivers multi -year, strategic recommendations that meet the City’s HR and Benefit objectives and financial goals. To begin, we will listen. We will ask questions and work to understand the unique attributes of the City, the HR, Benefits, and Wellness teams and other City staff. We will engage in a candid discussion regarding the City’s objectives, history of the programs, culture and key points of interest where you would like us to concentrate. If necessary, we will conduct focus groups with your employees to identify employee attitudes and perceptions towards the current programs and to measure their receptivity to possible changes in these programs. Simultaneously, we will collect demographic and participation data from payroll and group insurance coverage records, historical claim and utilization data, SPDs and other benefit communication materials describing your plans. We recommend strategic planning sessions to review claims and financial reports, vendor performance and identify any outstanding issues. We will discuss what considerations are most important to you in areas such as quality of care, cost share and cost efficiency, innovations, administrative ease and employee reaction. We will discuss your tolerance for risk as it relates to financial strategy. We will also discuss areas influencing the total cost of the plan – benefit designs, incentives, provider access, network performance, virtual care, member decision making, pharmacy services, clinical support and advocacy, wellness, communications, cost sharing and other approaches in benefit plan and healthcare delivery. Using these guidelines, your McGriff team will begin our work and support of the marketing efforts of the City’s plans. McGriff | 33 CITY OF CLEARWATER | Request for Proposal 2021/RFP Routine and comprehensive vendor assessment of all benefit programs is an on-going process. The overall goal is to develop benefits programs that continue to meet your needs and the changing needs of The City of Clearwater and its plan participants. We traditionally provide a three-year rolling financial forecast; explain factors influencing future costs and effect on overall plan costs. Ultimately, the goal is to show you a year-over-year strategy with recommended courses of action in several different categories that will help you attain a unified theme for the year, as well as remain in line with favorable trends over time. For annual renewal negotiations and vendor assessment, the financial and underwriting team normally assists with negotiations to obtain the best overall cost and value. During the annual audit meeting, we present the summary of results and plan design recommendations. During this meeting, the client receives a comprehensive overview of the market analysis (benchmarking), the recommended plan designs (if necessary), the McGriff underwriting methodology workup, and the detailed cost projections for the approaching year. This report is an integral part of each annual renewal. Following review and discussion, it is at this point that the client makes the renewal selections and the implementation process can begin including McGriff’s collaboration of annual enrollment with the City staff and oversight and fulfillment of employee communication materials and their dissemination for a smooth and successful campaign. For scheduled procurements (Proposed RFP in 2022 for January 1, 2023 effective date), we traditionally propose a strategic planning session to review claims and financial reports, identify any outstanding and systemic issues requiring discussion prior to RFP release. This process provides clarity on program direction, short and long-term objectives and measurement criteria to determine success. We typically recommend procurement of medical and pharmacy plans every three years and ancillary products every three to five years (dependent on rate guarantee). Selecting a new vendor is a process that involves examining multiple layers of TPA's capabilities and long-term commitment to a forward thinking partnership. Your McGriff team will be a valuable partner in this process. After receiving vendor responses, our team reviews every page and prepare comparisons, summaries, and analysis of their findings. Our team understands the behind the scenes internal discussions that vendors go through in deciding upon how to approach a bid. This enables them to navigate clients through the process and articulate key points clients should be thinking about when evaluating capabilities. They also know the right questions to ask vendors, read questionnaire responses, and call out responses, which are noteworthy. Evaluation Process – Your McGriff team use an evaluation matrix that weighs many elements of a proposal. This scorecard aggregates the key decision factors according to each client’s desires. We will work with the City of Clearwater to prioritize the criteria and the weighting. The most common evaluation factors on the Scorecard include the following: • Fees and target claims guarantees • Service team experience, access to leadership, and onsite support • Employee support services and ease of technology (apps, website, call centers) • Reporting flexibility and integration of external vendors • Enrollment support and communications • Commitment to 90 day member advance notice of network changes • Stability and Solvency • HIPAA security policies • Pharmacy contract terms, guarantees and rebates and other forms of revenue sharing • Administrative and Clinical Performance Guarantees • Administrative flexibility and ability to integrate with third parties • Provider Access • Provider Disruption (in the event of change) • Discount Analysis and claims repricing McGriff | 34 CITY OF CLEARWATER | Request for Proposal 2021/RFP • Implementation Consideration • Comparable Clients • Additional Resources (well-being, disease management, etc.) • Client Compatibility • Communications • Total Plan Affordability After vendor s election, we will begin implementing the selected programs; developing an implementation calendar and working closely with each vendor to make certain programs are correct and built in a timely manner. We will confirm all fees, plan designs, claim system setup, reporting structure and data requirements. We will help you with contract documents, review transition issues (new vendors), ensure accurate transfer of the eligibility file, and make sure we have all required documents prior to the effective date. Lastly, McGriff is fully committed to staffing the City’s account upon award. We have closely examined the scope of services and timeline involved and we are confident that we can staff the project and begin the execution of the scope of services in a timeline and manner that meets the City’s expectations. Further, we are confident a transition from your current consulting firm to McGriff will be smooth. We pride ourselves on the professionalism of our people and firm, our parent company Truist and our purpose to inspire and build better lives and communities. Below is an outline of our plan to transition the City of Clearwater to our organization, detailing the steps of our process. Planning Phase/Meeting • Furnish list of all coverage lines and providers • Determine objectives • Determine scope of project • Discuss timetable • Identify information needed for market specifications • Share Employee Benefit Data Request and execute NDAs, where applicable Information Gathering (Review historical information, determine and request any missing information) • Historical claims data and execute necessary Cotiviti agreements • Summary Plan Description • Master Plan Document and Amendments • Rate, benefit and financial history • Develop benefit summary matrix • Review funding alternatives • Determine funding alternatives to include in market specifications • Discuss potential plan design changes Employee Communications • Review prior communications and current goals • Suggest theme and develop plan • Decide on approach • Review draft and modify text as needed • Obtain input from successful providers • Assist in finalizing text McGriff | 35 CITY OF CLEARWATER | Request for Proposal 2021/RFP Enrollment • Determine enrollment information needed • Facilitate arrangement to furnish enrollment data to providers • Decide on billing format • Determine ongoing method for maintenance of eligibility information Provider Bid Specifications • Inventory current services provided • Review contractual obligations of current providers • Finalize list of desired providers of services • Determine other bidding requirements • Review any prior bid specifications • Draft/edit/refine • Meet to confirm specifications • Prepare final specifications Provider Solicitation • Identify providers • Provide specifications to providers • Answer provider questions/provide additional information • Receive proposals Provider Selection • Conduct preliminary review of proposals • Request clarification/missing information • Evaluate proposals • Develop report and recommendations regarding finalists • Conduct rate negotiations with finalists • Review contracts of finalists • Negotiate contractual provisions • Select successful bidders As previously discussed, McGriff maintains very strong relationships with carriers and other business plan partners. As of January 2021, McGriff’s list of approved vendors (carriers, TPA’s health service and wellness providers etc.) is approximately 800. McGriff is an authorized agent and broker for all Blue Cross Blue Shield Plans, Cigna, Aetna, Humana, Kaiser, UnitedHealthcare, regional TPAs and other national carriers. We maintain large books of business with standalone PBMs including CVS/Caremark, ESI, OptumRX, and newer PBMs with different administration models promoting pass-through pricing, greater transparency and stronger consumer advocacy. McGriff maintains strong relationships with most every specialty carrier for Life/AD&D, Dental, Vision, Disability and Critical Illness and Financial Protection. McGriff offers significant experience in placing excess risk insurance (stop-loss) using our proprietary stop-loss panels and at times, captives to obtain favorable stop-loss pricing and terms for our clients. Further, McGriff serves on Broker Advisory Councils for many Blue Cross Blue Shield Plans, Aetna, Cigna, UnitedHealthcare, Anthem, Guardian, SunLife, Hartford, UNUM, Kaiser, MetLife and Ameritas. McGriff | 36 CITY OF CLEARWATER | Request for Proposal 2021/RFP When conducting a RFP marketing service, we will work with the City to identify markets likely best suited to administer programs within the City’s plan, culture and a proven tenure of employee advocacy and support. Our approach to client marketing and RFP management aligns with our client first approach. McGriff is known as accessible to our clients and as independent and objective – working for our client and not a carrier or other health services provider. We will always place the City’s interest ahead of ours and this approach has served our firm very well since 1922. Therefore, upon review of the publically available information, we recommend the City focus resources and efforts in the following areas – primarily to achievable savings due to variation in total cost, provider quality, operating efficiency and impact a positive employee experience. Area Focus Potential Savings Employee Health Clinic Next Gen of Integration / Virtual Care 2-5% High Performing Providers Reduce Variability of Care/Cost 4-8% Pharmacy Contract Compliance Use AI and Data Analytics for Savings 10-50% (Pharmacy spend) Consumer Advisor Model Improvement in Employee Care Choices, Engagement and Decisions 4-7% Mental Health/EAP Support (including Public Safety personnel) Re-assess programs based on post COVID and understand cost impact 2-4% The above grid is considered confidential / not for public disclosure. There are others area where we encourage the City to review its benefit design and vendor selection. For example, unless there are significant variances in dental vendors, we recommend combining the two separate dental vendors for greater cost advantage and administrative simplicity. Finally, our proposed annual consulting fee is sufficient to offer strategic consulting and direction, insights and reasonable marketing efforts for each of these areas. In some instances, we will charge an additional fee based on a fixed amount (PEPM) and the City may elect now or anytime in the future. The additional fee represents the incorporation of value-added services within McGriff and are not for use of an external vendor. If we suggest a service outside of McGriff, we will make specific note. 3. Data Management: Provide commentary on the projected needs for the City of Clearwater relative to data management and your firm’s approach to meeting those needs. Include resources or systems that might be utilized to enhance this area of benefits management. McGriff’s team of benefit consultants, health management experts and clinical wellness consultants are well versed in analyzing cost trends, the effectiveness of a vendor’s utilization and care management program, disease management programs, analytics used in the identification of high-risk patients and assessment of overall financial performance and value. An extensive list of sample reports is included in the electronic proposal. McGriff follows a comprehensive process that allows us to collaborate with the City of Clearwater to review, compare, and determine the effectiveness of a health plan’s performance. In designing a competitive program, a key element will be peer benchmarking against similar organizations, as well as regional and national norms and metrics. Understanding how an organization compares to other employers in your region or service industry is an essential part of making well-informed decisions about your plans – and how they support your benefit strategy. Our Financial Analytics practice led by Edward Johnson, ASA, MAAA. Ed and his team of underwriters, actuaries and financial analysts performs premium rate and contribution calculations for our clients, handling all reporting needs including our standard customer reporting tools and data warehouse services. The Financial Analytics team performs a wide array of underwriting and actuarial services and is experienced to perform cost and budget projections and McGriff | 37 CITY OF CLEARWATER | Request for Proposal 2021/RFP contribution setting for both fully insured and self-insured clients. Jordan Nixon is your assigned financial analyst and serves on McGriff’s National Financial Analytics and Reporting Team. Our team of underwriters and actuarial experts handle group risk assessment, claims analysis, renewal projections, trend analysis, and plan design recommendations; we have experience in both fully insured and self-insured environments. Our underwriting and actuarial services include all aspects of a benefit plan but are not limited to forecasting of self-funded plan costs, IBNR calculations and establishment of accrual / premium equivalent and COBRA rates for self-funded. McGriff is a data-driven organization. As such, the process for developing cost projections begins with creating data transparency through a client-specific data warehouse (data is provided directly from the insurance carriers). We will work in conjunction with your finance and HR teams to set a budget with confidence and accuracy. Below is a list of the major items we would consider in our budget process, assuming this data is available: • Prior two years’ loss ratios and renewal calculation. For fully insured contracts, our internal underwriting • Team analyzes the carrier’s renewal to better understand their pricing model and determine its accuracy. • Prior two years’ claims utilization and stop-loss impact (for self-funded contracts) • Changes to the plan design that have not been implemented • Claims on an incurred basis, which includes adjustment for incurred but not paid claims • Changes to administrative contracts • Leveraging effect of high-cost claims • Claim trends forecasted for benefits utilization and unit cost assumptions • Company’s business plans that could influence the size and location of workforce • Shifts among employees between plan options are anticipated in our forecasts • Change in federal and state regulation • Employee contribution structures • Margins to absorb claim fluctuations Additionally, we are very comfortable and welcome the opportunity to present to large audiences in myriad formats. McGriff has extensive experience presenting to senior management teams. With guidance from our client’s benefits team, we filter and select the most effective information for the presentation. We understand senior management meetings are not “working meetings,” but rather a presentation of recommendations and the approval process. We can customize our presentations to include the use of high-level of technology or, if preferred, simply hard copy. Our role in the meeting is determined by the benefits team and may be as much or little as desired. We have extensive experience in leading all aspects of these types of meetings, including preparing the agenda, presenting the information, directing the discussion, fielding questions, and securing approval. We have experience projecting costs across all forms of funding including fully insured, fully unbundled Third-Party Administrator (TPA) and standalone stop loss insurance, bundled Administrative Services Only (ASO), and medical captive programs. Our consulting benefit professionals are available to provide insight and guidance by identifying emerging trends and managing risk when developing valuations and financial projections. We can assist you in: • Pricing plan design changes and budgeting by assessing the financial impact of changes in benefit plan design, administration and funding. McGriff underwriters can provide an objective evaluation of a carrier’s renewal terms given your demographics, claim experience and business conditions. • Matching our underwriting talent against that of the carriers to put you in a better position to negotiate favorable terms. You will know what is driving your costs, if these factors will continue next year and whether they should have a bearing on renewal rates. McGriff | 38 CITY OF CLEARWATER | Request for Proposal 2021/RFP • Setting Reserves (IBNR) and liability estimates and will provide an actuarial certification for medical, dental and disability plans. McGriff utilizes the Claros Analytics Actuarial software platform with over 10 million enrolled lives and $100+ Billion of charged claims. Claros allows the McGriff team to provide detailed health plan modeling, sophisticated analysis of the risk / reward trade-offs in stop loss structures, perform migration analysis to assist clients set budget rates based on a consistent and actuarially sound methodology to accurately determine employee migration between plans. As noted, the Claros Actuarial suite includes a Plan Migration modeler and takes information from the most recent three plan years to evaluate how changes in plan designs affect future costs. This tool takes into account a multitude of parameters including: • Enrollment (by plan and tier) • Demographics of subscribers and dependents (age, gender, etc.) • Trend by service category • Location of employees (zip codes) • Carrier discounts • Plan designs • Plan utilization The tool will also: • Determine savings/increases for certain plan design changes • Determine an expected number of large claimants • Estimate the cost of Specific stop loss • Estimate the cost of Aggregate stop loss • Estimate the likelihood of a spike in claims, approaching an aggregate claim breach • Run up to 100,000 trial scenarios to simulate claims McGriff uses a variety of other modeling tools depending on the structure and complexity of the underlying program including Cotiviti, Scripta Analytics, Truveris Rx, industry standard aggregate trend projection and underwriting models, and in-depth forecasting and plan modeling tools built and managed within our actuary services. Our risk mitigation, consulting and actuarial services include: • Examination, analysis and recommendations regarding plan enhancement and savings opportunities using McGriff’s modeling tools which simulate plan changes based on the Plan’s actual utilization • Claim utilization review and analysis via McGriff proprietary data analytics tools • Prescription Drug Analytics to bid and benchmark pharmacy benefits program • Budget Development, Tracking, Variance Analysis • COBRA Rate Development • Spearheads budget and projections process • Data Warehousing, including data aggregation of point solution vendors • Multi-Year Cost Projections and Forecasting • Renewal forecasting and projections • Incurred but not reported (IBNR) claim liability calculations • Large Claim Tracking– Stop Loss Management • Monthly claims reporting package designed to quickly illustrate plan performance and identify trends • Plan Design Change modeling (incremental changes to current plans as well as translation models that allow conversion from one health care delivery system to another) • Claims Experience Monitoring & Financial Plan Performance and reporting, to include a monthly dashboard report, paid claims by month, and plan, summary of large claims activity • Trend Analysis McGriff | 39 CITY OF CLEARWATER | Request for Proposal 2021/RFP • Claim Utilization Analysis • Pharmacy Utilization Analysis • Pharmacy Rebate Analysis and annual Rebate Calculations • Assist in identifying and monitoring potential large claims and work with case management regarding impact of large claims on plan performance • Contribution Modeling • Workforce demographic analysis and profiling • Annual utilization reporting, network usage Data Management and Actuarial Services Our proposed services and solutions comply with the requested scope including: Actuarial Services • Plan design evaluation • Actuarial minimum value analysis • Claims analysis • Data analytics • Benefit strategy analysis • Benefit change impact analysis • Cost of mandated benefit programs • IBNR Calculations • GASB 75 valuation (optional service) Underwriting and Claims Reporting • Renewal analysis and recommendations including negotiation strategy • Mid-year renewal projections • Multi-year renewal/cost projection – rolling three year forecast • Funding comparisons and cost shifting scenarios • Large Claim analysis and opportunities for impact • Data-driven claims reporting Benchmarking • Benefit plan design • Employee contributions • HSA/HRA funding • Affordability Initiatives • Financial cost On-Going Education • Webinars, seminars, and e-newsletters to keep you up-to-date on industry trends • Training programs on key actuarial and underwriting topics for THE CITY Staff. Examples of other services • Deep dive analysis – Reviewing specific member or member class (cohort) utilization patterns offer tremendous insight into where the future risks of claims, absenteeism, and presenteeism exist. Our team has available resources to offer this service, as well as many years of direct experience that can identify the most efficient changes to help protect against the identified risks. • Alternative PCP Models – With the potential significant cost associated with an employee health clinic or other PCP driven models, it is important to keep an eye on not only its value, but also its value relative to other available options. Other options we may explore include near-site clinics, direct primary care options, expansion of telemedicine, mobile care, etc. McGriff | 40 CITY OF CLEARWATER | Request for Proposal 2021/RFP • Wellness’ Key Performance Indicators (KPIs) – McGriff has been a pioneer in consulting and designing wellness initiatives with our clients. Our goal is to implement initiatives consistently year-after -year to track the change in risk factors, project long-term cost reduction and measure success through use of City of Clearwater’s specific KPIs. • Collective Bargaining Agreement Support – We understand the importance of access to timing and informative data during labor negotiations including the impact of plan costs. We help you determine future costs by using a mix of proprietary analytical and underwriting tools and software comparing demographics, benefits, carrier/vendor/provider availability and historical utilization. • Network Performance Analysis – The complexity of provider networks continues to grow, creating both challenges and opportunities. We will analyze your provider network to identify ways to increase efficiency and lower costs. The goal is not merely to maximize discounts, but to balance a list of priorities that includes lowest cost per episode of care, higher quality outcomes, and the least amount of disruption to a patient’s daily life. By considering all of these factors, claims cost better controlled and employee morale and productivity increased. 4. Program Design: Provide a brief summary of potential program designs that may be appropriate for the City of Clearwater for the major lines of coverage. Include the rationale for your suggestions. Given the information provided, identify your firm’s key strategies in evaluating the optimum alternatives for the City of Clearwater in the major lines of coverage. After a brief review of the City’s Benefit Programs, McGriff recommends review of the following program designs/re-designs: 1. Medical a. Traditional carrier platforms are built for an integrated administrative experience – meaning the carrier provides all substantive administrative, clinical, consumer and provider network services. Blue Cross Blue Shield, UnitedHealthcare, Cigna and Aetna (BUCAs) are examples of this model. Today, more and more employers demand strong cost management, well-designed and efficient provider networks and so on but need flexibility and customization to integrate other vendors into their “ecosystem of benefits”. While BUCAs try hard to be flexible, TPAs have emerged to fill this vacuum and are gaining market share. Even TPA’’s owned by Aetna, UnitedHealthcare’s and Cigna are seeing unprecedented growth. We recommend the City review other administrative models during the next RFP. b. McGriff has successfully designed strategies to control the variable and inflated cost of imaging and advanced testing – sometime as much as a 400% difference in cost. Through setting up an incentive based steerage program aligned with direct contracting to specific facilities, this model has produced sizable claims saving for clients with no decrease in efficiency or quality of care. This program can be integrated with the existing Employee Health Center too. c. High Performing Providers – there is substantial evidence of variation in provider cost and quality – at the facility and physician level. The City must begin to use data and analytics to determine the right network augmentation to improve quality and decrease cost. This approach applies to inpatient care, surgical care and other examples of high variability of total cost and quality. 2. Pharmacy a. The Centers for Medicare and Medicaid Services projects that spending for prescription drugs will be the fastest growing health care expense over the next decade, outpacing other health care spending. b. McGriff Pharmacy Benefit Consulting offers pre-emptive audit services, which allows the City to review their pharmacy benefit contract and compare against current financial arrangements to market competitive drug discounts, rebates, clinical programs, utilization management strategies and specialty drug trend control. c. McGriff has negotiated market leading specialty drug arrangements cutting specialty drug cost by as much as 50%. d. On average, our approach to pharmacy cost savings can range from 10% to 50% of total pharmacy spend. e. Whether the City elects to integrate/carve-in or “carve-out” pharmacy care services, maintain a traditional or McGriff | 41 CITY OF CLEARWATER | Request for Proposal 2021/RFP pass-through approach, McGriff has negotiated very strong contractual arrangements (minimum guarantees, rebates, performance standards) with eight (8) PBMs and all major PBMs and we encourage the City to review new options soon - even for the January 1, 2022 renewal. 3. Wellness a. Consider migrating wellness incentive dollars to an outcomes based program with alternative compliance model for employees unable to meet the defined standard. 4. Voluntary Benefit a. McGriff believes well-designed Voluntary benefits are a creative way to help the City meet internal and total rewards objectives and employees’ needs too, allowing for: i. Added flexibility - In today’s changing workforce, 70% of millennials and 59% of Gen X employees are looking for more benefits that are flexible. ii. Offer student loan assistance - About 86% of millennials say student loan repayment assistance is an important benefit and a must have. In fact, these benefits can play a large role in recruitment and retention efforts. iii. Drive employee engagement: for example, increase employee participation in consumer directed or on-demand care when complemented by strong voluntary benefits program. iv. Fill gaps and cut costs: Voluntary benefits can help control costs, improve compliance and fill coverage gaps for your employees. Two out of 3 Americans worry about the financial unexpected medical bills. Emergency Medical Transportation coverage is a new benefit and inexpensive benefit growing in popularity with employees. v. Supplemental medical benefits may include traditional plans such as dental and vision but standardly, financial protection plans are offer including Critical Illness, Hospital Indemnity, and Accident Insurance, Pet Insurance and ID Theft Protection. 5. Benefit Administration McGriff provides two distinct options for consideration: Benefits Administration Technology Consulting and McGriff’s own Benefit Administration Technology platform. Either way, McGriff has the expertise to help you make the best technology decisions for your employees and District. As stated earlier McGriff will not charge any fees and is willing to accept commissions from carriers to offset fees. Option 1 - Benefits Administration Technology Consulting • Discovery – With so many benefits administration technology solutions in the marketplace, and considering each client is unique, one way we differentiate ourselves is by helping our clients conduct a thorough examination of their current benefits administration solution. Our specialized consulting team provides tools that aid clients in having productive internal discussions around their ben admin technology goals, as well as assisting them in uncovering pain points, errors and inefficiencies that currently exist. • Search Support – We can assist in identifying benefits administration technology providers that fulfill the objectives and goals identified during the discovery process - and participate in the reviewing their solutions. McGriff works with several online vendors to provide these services to our clients such as Benefit First, Hodges Mace and FBS to name a few. Once the client selects a provider, we can provide guidance on vendor contracting, as well as setting appropriate expectations, and clarifying roles and responsibilities. • Implementation Support – No matter how technologically advanced the new platform, if not implemented correctly, it will lead to an unpleasant client experience for all involved. We assist our clients by providing guidance and best practices in all areas of the system. Option 2 - McGriff has a proprietary platform and can provide complete HR benefit solutions including benefits McGriff | 42 CITY OF CLEARWATER | Request for Proposal 2021/RFP administration/outsourcing, billing administration, benefit technology, integrated wellness consulting and incentive management, as well as COBRA and Flexible Spending Account (FSA) administration. • Benefits Administration and Outsourcing Services • Enrollment and Eligibility Management • Consolidated Premium Billing and Reconciliation • Benefit Call Center • COBRA and FSA Administration: We offer complete COBRA and FSA administration solutions, wherein we administer COBRA and FSA plans within full compliance of all laws and regulations, and offer both self- service and telephonic support for both participants and HR staff. • Benefit Technology Services • Customized Benefits Portal: We create and manage customized online portals that provide clear and efficient communication of all benefits available for the employees. This includes documents and direct links to important benefit sites. • Online Enrollment Services: We offer a best-in-class online enrollment system that allows employees to quickly, efficiently, and securely make and manage benefit elections. This system also provides extensive administrative capabilities and reporting. • Data Management Services: We manage electronic data exchange used to communicate benefit elections and changes with carriers, vendors, payroll and/or HRIS systems. We also have the capability to create custom interfaces to your specifications. McGriff will not charge any fees for bend admin services and will accept commissions from carriers to offset necessary costs. 6. Medicare a. For over 30 years, McGriff’s Retirement Advisory practices has performed post-employment liability calculations for commercial and public entity clients including provides GASB 75 Actuarial Valuations The cost is shown as an optional services. b. With the City’s large eligible retiree population, we can provide a successful Medicare Awareness Program often provided to our larger clients. Developed my McGriff Communication team, the program provides awareness, information and guidance to the employee population as they approach retirement age, plan options for consideration and resources to assist with alternative coverage outside the City’s medical plan. All Responses to #4 (Program Design) are considered confidential / not for public disclosure. 5. Communications: Describe formal and informal communication processes for the City of Clearwater. Include proposed schedules of key meetings, timelines, and other process mileposts for the proposed client service. Include any proprietary client communications that may be appropriate and available to the City of Clearwater to facilitate communications. Describe your firm’s capability of producing annual benefit statements and open enrollment communications for employees. Our communications consultants have everything you need to develop and deliver strategic campaigns that build awareness, educate employees, and drive engagement in your benefits programs. Benefits are complex, but communicating them to your employees does not have to be. We prefer an approach that incorporates many successful consumer-marketing techniques when developing an effective benefits communication campaign. That means understanding employee demographics, presenting information clearly and creatively, and using a variety of media to reinforce messaging and maximize value. For years, benefit communications have largely focused on plan attributes – “what is my deductible, co-payment, and out of pocket maximum” and basics such as choosing a network provider vs. out of network provider. There is plenty of research to suggest that health literacy and sub-optimal health care decision-making remains an area for improvement McGriff | 43 CITY OF CLEARWATER | Request for Proposal 2021/RFP and a path for better cost management. In a 2019 survey, one national managed care company reported the following from a survey of 1008 adults (18 years or older) with a sample error of +/-3%. • 53% knew the correct meaning of the term “health plan deductible” • 33% knew the correct meaning of the term “out-of-pocket maximum”. • 21% knew the correct meaning of the term “co-insurance” • 64% said they “never” know the cost of the medications before leaving the doctor’s office. The survey also noted some interesting statistics regarding transparency trends. • 37% of respondents used the internet or mobile apps to comparison shop for health care services. • 50% of Millennials shop for health care services online, continuing to lead the trend. • 80% of those who use the internet or mobile apps to comparison shop for a health care procedure or service rated the experience “very helpful” or “somewhat helpful.” • 39% of comparison shoppers said the process prompted them to change the health care provider or facility (or both) for the service. Finally, regarding Telemedicine services (pre-COVID), 39% of those surveyed said they are likely to use telemedicine to access health care services - a figure that will assuredly rise in the future. We begin by asking detailed questions about your company and culture, employees, existing communication methods, and your organizational goals. Our experts then develop a strategy and plan tailored to you. McGriff provides a wide range of options to help educate employees about your benefits from standard, do-it-yourself templates to fully customized solutions. Our capabilities include: • Strategy and communication plan development (Open Enrollment and On-going) • Campaign project management • Benefits brand logo creation • Creative and graphic design services • Messaging and content development • Printed materials: benefit guides, posters, flyers, brochures, postcards, and more • Digital media: email, video, web, and Brainshark presentations • Print and fulfillment coordination McGriff has continued to build out our digital capabilities to enhance your “virtual communication” tools and resources to help you communicate more effectively with your employees about benefits, open enrollment, financial-related issues, and other HR-related topics. McGriff has licensed Flimp’s standard video library for you to use to educate employees about benefits. The library consists of 60 videos (1:30-2:00 minutes in length), in both English and Spanish, that provide an overview of the benefits and other topics in 4 main categories – Medical and Pharmacy, Voluntary and Specialty, Financial and Other HR Topics. There is no additional cost for the City to access our digital video library. Using a smartphone’s camera, scan the QR code to review our library of videos. McGriff | 44 CITY OF CLEARWATER | Request for Proposal 2021/RFP An educated consumer is critical to managing benefit costs and McGriff is prepared to provide very strong consulting insight support to help educate employees to choose the right care, at the right time and from the right provider. 6. Other Services (Optional): Provide a brief summary of other services available from your firm that may be appropriate to the City of Clearwater consideration. Examples may include: • Pharmacy Consulting Analytics • Employee Benefit Call Center Services • Flexible Benefit Administration Services • Retirement Advisory/OPEB Actuarial Services • Discrimination Testing McGriff | 45 CITY OF CLEARWATER | Request for Proposal 2021/RFP 7. Broker/Consultant Compensation: Identify your firm’s preference on the means of compensation for services. Provide a detailed analysis of the fee build-up, including allocated time and rates for the service providers. Identify any proposed services that may be outside an agreed-upon fee and an estimate for those services, if applicable. Include the details of any proposed incentive plan, if recommended. McGriff is flexible on the compensation earned. We have proposed an annual consulting fee of $95,000 as stated in Tab 5. This fee includes all services within the scope of the RFP. Our fee is based on estimated allotted time and hourly rates for McGriff personnel. Position Hourly Rate* Consultant $275 Account Executive $150 Actuary $275 Communication Consultant $150 Marketing Executive $125 Underwriting /Data Analyst $125 Administrative $ 75 *Hourly rates shown are illustrative and not part of our proposed compensation unless specifically stated. Employee Benefit Call Center Services McGriff's Employee Benefits Call Center solution provides you with a team of knowledgeable, experienced experts to help your employees clarify the complexities of health care and make benefits understandable. We offer three (3) levels of support including a 4th level for highly customized services. We recommend Level 1 or 2 for the City. • Level 1 - $1.86 PEPM plus a $1,000 Implementation Fee • Level 2 - $1.96 PEPM plus a $1,800 Implementation Fee Please review Tab 7 – Pages 71 and 72 for additional information. We are happy to provide more information as needed. Value Added – Optional Services Pre-emptive Pharmacy Audit Services using proprietary analytics (Market Check/Negotiations) $1.00 PEPM PBM Optimization and Savings Quarterly review - Identifying wasted spend & recommending actionable solutions - breaks down pharmacy spending into 13 actionable categories for Employers and 11 actionable categories for employees Employer Savings - $1.30 PEPM Employee Savings - $1.30 PEPM Performance Guarantee Minimum 1:1 ROI Flexible Benefit Administration (Provided by McGriff Employee Benefit Services) • COBRA Administration – $.50 PEPM (McGriff retains 2% of COBRA Premium) • FSA, Dependent Care, Limited FSA, Transit – Fees range from $3.95 to $4.75 Per Participant Per Month (PPPM) based on number of products offered and anticipated enrollment • HSA Administration - $2.25 to $2.75 PPPM dependent on enrollment McGriff | 46 CITY OF CLEARWATER | Request for Proposal 2021/RFP Benefit Administration (On-Line Enrollment and Administration) McGriff provides two distinct options for consideration: Benefits Administration Technology Consulting and McGriff’s own Benefit Administration Technology platform. Either way, McGriff has the expertise to help you make the best technology decisions for your employees and District. As stated earlier, carrier commissions will offset the costs associated with the implementation of a Benefit Administration System. McGriff Retirement Advisory Services We have more than 150 clients that utilize our services for strategic advice and measuring liabilities pursuant to GASB 75. Our experience with actuarial liabilities related to other post-employment benefits predates GASB 75. Our experience with these kinds of valuations began in the late 1980's. We have helped clients adopt and transition to GASB 45. We continued to help our clients manage these obligations according to the measurement and reporting requirements of GASB 75. We have completed 1,000's of OPEB analyses over the past 30 years. • $12,000 (Year 1) and $7,000 (Year 2); $12,000 (Year 3) and $7,000 (Year 4); $12,000 (Year 5) and $7,000 (Year 6) The preparation of GASB cost and liabilities reporting require an annual review of employee and plan information. Generally, a valuation must be performed every year for GASB 75. Each project begins with a discovery meeting with your Consulting Actuary, and other appropriate members of your McGriff Client Service Team. Client service needs are documented and the project commences. Other Value Added Services • ACA Reporting Administration - Cost range from $2.50 to $4.50 per participant per year with the variance due scope of purchased services. 1095C reporting is typically $2-$3 per form and in addition to the base fee. • Discrimination testing – average $1,000 per test. • Dependent Eligibility Audit - Cost varies by exact scope of services. Estimated cost is $25,000 based on group size and includes a 1:1 ROI Guarantee. • DOL audit preparation – McGriff provides many complimentary support services at no cost including our comprehensive DOL Audit Guide and Appendix of helpful materials. These services are traditionally sufficient for most plan sponsors. In the unlikely event of a DOL audit and the City requires our additional audit preparation support, our fees range from $150 to $300 per hour dependent on the seniority of McGriff personnel involved. Tab 4: References McGriff | 48 CITY OF CLEARWATER | Request for Proposal 2021/RFP TAB 4 – References. A minimum of three (3) references, preferably from other public entities of similar size to the City of Clearwater and three (3) government accounts utilizing a self- insured health plan, within the past three (3) years, for whom firm has provided brokerage/consulting services. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, dates these services were provided. McGriff has over 10,000 employer clients nationally and across all industries. We have provided a select number of area references to contact directly: Benefit Consulting Greater Orlando Aviation Authority Contact: Denise Andrews – HR Manager Phone: 407-825-3765 Email: dandrews@goaa.org Length of Relationship – 2012 to present Number of Employees - 1950 Funding – ASO Historic Tours of America Contact: Joanna Huestis – Director Human Resources Phone: (305) 293-7253 Email: Joanna.Huestis@historictours.com Length of Relationship – 2015 to present Number of Employees – 900 Funding – ASO Kimmins Contact: Jason Wescoat CFO Phone: (813) 248-3878 Email: jwescoat@kimmins.com Length of Relationship – 2002 to present Number of Employees – 250 Funding – ASO City of Mesquite Contact: Rick French, HR Director Phone: (972) 216-6399 Email: rfrench@cityofmesquite.com Length of Relationship – 2014 to present Number of Employees – 1,300 Funding – ASO City of Arlington Contact: Heather Moorehead, HR Manager, Operations Phone: (817) 459-6862 Email: Heather.Moorhead@arlingtontx.gov Length of Relationship – 2013 to present Number of Employees – 1,300 Funding – ASO McGriff | 49 CITY OF CLEARWATER | Request for Proposal 2021/RFP City of Albuquerque Contact Mark A. Saiz; Insurance and Benefits Manager Phone Number: 505-768-2927 Email: msaiz@cabq.gov Length of Relationship – 2018 (Project Work); 2021 (Full Service Consulting) Humber of Employees – 8,500 Funding – ASO Reference information is considered confidential / not for public disclosure. Tab 5: Cost of Services McGriff | 51 CITY OF CLEARWATER | Request for Proposal 2021/RFP TAB 5 – Cost of Services. The cost portion of the proposal should include the following elements: 1. Proposals shall include an annual service fee as part of their response to this RFP. The successful firm shall be compensated on an annual fee basis. Fees will be payable quarterly at the end of each quarter. All program premiums and charges are to be written net of commission and the acceptance of a commission shall be grounds for immediate termination of the contract. If a carrier does not or cannot work on a net of commission arrangement, the firm shall disclose this fact and the commission shall be deducted from the annual fee. Confirmed 2. The successful firm shall provide an annual statement from each carrier confirming that the insurance carrier has paid no commissions. Full disclosure of all compensation earned, either directly or indirectly, is required. Use of intermediaries, wholesalers, subsidiary companies, etc. is expected and encouraged if advantageous to the City of Clearwater. However, all fees and or commissions earned as a result of their use must be disclosed and will be deducted from the annual fee. Additionally, the City reserves the right to seek additional relevant records as a means of enforcing this provision. Confirmed Core Brokerage & Consulting Services Strategic Planning • Executive management meetings and benefits philosophy development • Development of 3-5 year strategy • Benchmark plan design, costs and cost sharing • Employee contribution strategies • Development of prototype plan designs provide to bring in additional members support $95,000 McGriff Core Consulting Underwriting & Actuarial • Budget development, tracking, variance analysis • COBRA rate development • Multi -year cost projections and renewal forecasting • Large claim tracking - stop loss management (If Applicable) • Plan design modeling • Experience monitoring (according to data availability), including: − Trend analysis − Claim utilization analysis − Pharmacy utilization analysis − Contribution modeling − Workforce demographic analysis and profiling − Review of medical network usage Included in Fee Benefit Plan Renewal Process • Evaluate alternatives to current plan strategy and funding options that may better support your company’s long-term needs • Prepare alternative funding analysis and actuarial analysis of claim reserves • Produce renewal projections • Work with vendors to review performance of medical and Rx programs in areas including large claims, network utilization, provider discounts, drug utilization, etc. Provide recommendations for improving cost-management performance Included in Fee McGriff | 52 CITY OF CLEARWATER | Request for Proposal 2021/RFP • Develop a multi-year strategy and objectives for benefit plans focused on reducing and preventing health risks • Conduct renewal negotiations with insurance carriers and vendors • Evaluate and make recommendations on employee cost-sharing strategies • Analyze employee demographics to identify trends, pattern and potential cost drivers • Recommend new programs that increase plan value and support plan objectives Vendor Marketing Review & Vendor Management • Develop requests to solicit proposals from medical, pharmacy and ancillary vendors • Request proposals and analyze vendor submissions to assess product capability and fit, network access and quality, health management capabilities and tools, employee resources and tools, reporting and analytics and overall costs • Summarize results and provide recommendation for selecting a vendor that will best support your company’s objectives going forward • Assist with changes to vendors, • processes and programs • Negotiate performance guarantees with vendors • Assist with ongoing vendor management and resolution to problems as they occur Included in Fee Plan Communications & Open Enrollment Service and Support • Coordinate open enrollment and develop communication strategy • Design and develop customized benefits enrollment guide for new hires and open enrollments that can be distributed electronically • Develop customized open enrollment presentation for your company employees and conduct enrollment meetings, conference calls or webinars as necessary • Coordinate and communicate renewal decisions with all vendors to ensure accuracy of systems and benefit information • Provide support for administrative system updates and file fees. • Coordinate enrollment meetings. Included in Fee Ongoing Service Support for Plan Management & Compliance • Review all vendor contracts for compliance on a continuing basis to ensure federal compliance • Review and maintain copies of current plan SPDs • Participate in ongoing benefits strategy meetings with your company • Continually work to identify issues and exposures to your company benefit offerings • Provide updates and commentary on impact of legislative and regulatory changes • Evaluate vendor-provided reports on claims, premiums and enrollments and provide summary of findings (As data is available) • Provide support for understanding and implementing changes in plans and administration required under Health • Care Reform legislation including affordability and minimum value. • Act as a resource for other policies and procedures that are impacted by the insurance benefits (i.e., vacation, sick leave, LOA policies, FMLA, etc.) • Ongoing invitations to McGriff/Truist’s compliance seminar series • Provide annual compliance guide Included in Fee McGriff | 53 CITY OF CLEARWATER | Request for Proposal 2021/RFP Wellness Consulting Services • Wellness Vendor RFP • Review of claims, demographics, and utilization data to identify key health issues and cost drivers in your company’s population and provide recommendations for improving performance • Provide recommendation for developing a corporate wellness strategy based on key clinical and cost issues identified in your company’s population • Provide recommendations for implementing online health risk assessments, on-site biometric screenings and other programs that can be used to augment current wellness initiatives • Review health plan benefits to assess potential integration with wellness initiatives • Manage and administer wellness marketing and communications • Supervise the performance of the program overall • Analyze results and recommend wellness program activities and modifications • Provide wellness communications • Flu Shot Clinic coordination and oversight Included in Fee HR Support Services (HR Training – Provided By McGriff) • Monthly HR educational webinars on a broad range of HR topics • SHRM approved for CE credit • Think HR – robust on-line resource with live advisor, reliable content and interactive technology solutions that provides an end-to end People Risk Management Section. Included in Fee Benefit Administration / Enrollment System Option 1 – Benefits Administration Technology Consulting • Discovery – With so many benefits administration technology solutions in the marketplace, and considering each client is unique, one way we differentiate ourselves is by helping our clients conduct a thorough examination of their current benefits administration solution. Our specialized consulting team provides tools that aid clients in having productive internal discussions around their ben admin technology goals, as well as assisting them in uncovering pain points, errors and inefficiencies that currently exist. • Search Support – We can assist in identifying benefits administration technology providers that fulfill the objectives and goals identified during the discovery process - and participate in the reviewing their solutions. McGriff works with several online vendors to provide these services to our clients such as Benefit First, Hodges Mace and FBS to name a few. Once the client selects a provider, we can provide guidance on vendor contracting, as well as setting appropriate expectations, and clarifying roles and responsibilities. • Implementation Support – No matter how technologically advanced the new platform, if not implemented correctly, it will lead to an unpleasant client experience for all involved. We assist our clients by providing guidance and best practices in all areas of the system. Option 2 – McGriff has a proprietary platform and can provide complete HR benefit solutions including benefits administration/outsourcing, billing administration, benefit technology, integrated wellness consulting and incentive management, as well as COBRA and Flexible Spending Account (FSA) administration. • Benefits Administration and Outsourcing Services • Enrollment and Eligibility Management • Consolidated Premium Billing and Reconciliation • Benefit Call Center • COBRA and FSA Administration – We offer complete COBRA and FSA administration solutions, wherein we administer COBRA and FSA plans within full compliance of all laws and regulations, and offer both self-service and telephonic support for both participants and HR staff. No cost to City; Carrier Commissions to offset Fee for Ben Admin Program McGriff | 54 CITY OF CLEARWATER | Request for Proposal 2021/RFP Benefit Technology Services • Customized Benefits Portal: We create and manage customized online portals that provide clear and efficient communication of all benefits available for the employees. This includes documents and direct links to important benefit sites. • Online Enrollment Services: We offer a best-in-class online enrollment system that allows for employees to quickly, efficiently, and securely make and manage benefit elections. This system also provides extensive administrative capabilities and reporting. • Data Management Services: We manage electronic data exchange used to communicate benefit elections and changes with carriers, vendors, payroll and/or HRIS systems. We also have the capability to create custom interfaces to your specifications. Retirement Advisory Services (Optional – See Proposed Scope of Work) • Actuarial Services – GASB 75 Valuation and disclosures • Fee is based on annual valuation and disclosures • Additional fees outside scope billed on a per hourly basis unless other arrangements are made $12,000 (Years 1, 3, 5) $7,000 (Years 2, 4, 6) • Annual Consulting Fees guaranteed for initial contract term (through December 31, 2025) - $105,000 through December 31, 2027. • Other value added service fees guaranteed for initial contract term (through December 31, 2025) – Plus 5% through December 31, 2027 • The fee is inclusive of materials and supplies, travel expense and other administrative costs. • We will apply any existing commissions as an offset to our proposed fee or apply toward additional value added services. • We will place 50% of our fees at risk as a sign of good faith. We are confident the City will be pleased with our services and the financial impact on your overall cost structure. McGriff | 55 CITY OF CLEARWATER | Request for Proposal 2021/RFP Performance Guarantees McGriff is willing to place 50% of core consulting fees at risk annually based on the following metrics: (Scoring criteria and methods to be mutually agreed upon) Category Guarantee Fees at Risk Account Management Overall Account Management • 24-Hour response on urgent requests • 3-Hour telephone, text, in-person or email response on sensitive or time-sensitive issues 25% Renewal Management Financial and Methodological Review of Renewal Assumptions • Validate/compare City’s annual medical/prescription costs to annual industry trend methodology to ensure City’s annual trend is below industry standards • Identify and prioritize City’s needs and preferences prior to benefits renewal or placement 25% Cost Mitigation Strategies • Present alternative solutions to maintain existing cost basis on medical benefits such as alternative plan options and include projected savings, benefits and financial impact • Provide alternative(s) for pharmaceutical cost reduction from price structure to include projecting savings or discounts 25% Innovation Solutions • Introduce innovative emerging cost saving marketplace solutions specific to City that add quantifiable value and provide its impact(s) 25% Total 100% Tab 6: Other Forms McGriff | 57 CITY OF CLEARWATER | Request for Proposal 2021/RFP TAB 6 - Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. E-Verify Eligibility form 6. Copies of licenses and/or certifications (refer to Item 5, LICENSES, page 19) 7. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) McGriff | 58 CITY OF CLEARWATER | Request for Proposal 2021/RFP McGriff | 59 CITY OF CLEARWATER | Request for Proposal 2021/RFP McGriff | 60 CITY OF CLEARWATER | Request for Proposal 2021/RFP McGriff | 61 CITY OF CLEARWATER | Request for Proposal 2021/RFP McGriff | 62 CITY OF CLEARWATER | Request for Proposal 2021/RFP McGriff | 63 CITY OF CLEARWATER | Request for Proposal 2021/RFP McGriff | 64 CITY OF CLEARWATER | Request for Proposal 2021/RFP McGriff | 65 CITY OF CLEARWATER | Request for Proposal 2021/RFP McGriff | 66 CITY OF CLEARWATER | Request for Proposal 2021/RFP Tab 7: Additional Attachments McGriff | 68 CITY OF CLEARWATER | Request for Proposal 2021/RFP McGriff | 69 CITY OF CLEARWATER | Request for Proposal 2021/RFP McGriff | 70 CITY OF CLEARWATER | Request for Proposal 2021/RFP McGriff | 71 CITY OF CLEARWATER | Request for Proposal 2021/RFP McGriff | 72 CITY OF CLEARWATER | Request for Proposal 2021/RFP 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| Request for Proposal 2021/RFP You manage your business. We’ll manage your risks. ©2021 McGriff Insurance Services, Inc. All rights reserved.McGriff Insurance Services, Inc. is a subsidiary of BB&TInsurance Holdings, Inc. CITY OF CLEARWATER Request For Proposals #29-21 Employee Benefits Brokerage and Consulting Services CBIZ Employee Benefits Consulting Services April 29, 2021 Jeff Booker Vice President, Benefits Consultant 1605 Main Street, Suite 1010 Sarasota, FL 34236 215.292.8540 | jbooker@cbiz.com Nichelle Santos Vice President, Benefits Consultant 1605 Main Street, Suite 1010 Sarasota, FL 34236 732.223.0070 | nsantos@cbiz.com 2 CITY OF CLEARWATER TAB ONE LETTER OF TRANSMITTAL April 29, 2021 City of Clearwater Attn: Procurement Division 100 S Myrtle Avenue, 3rd Floor Clearwater, FL 33756-5520 To Whom It May Concern: The ability to offer competitive and comprehensive benefits packages is critical when it comes to attracting and retaining a workforce. With this goal in mind, CBIZ Employee Benefits makes it easier to navigate the complicated process of choosing the right benefits package. At CBIZ, we believe the growing complexity of the insurance industry necessitates a team who can offer a fresh look and innovative solutions, unique to each client and industry. Working with an experienced consultant provides critical guidance, leaving your HR team time to focus on the human element of their job. With CBIZ, you have a strategic local partner who is backed by national resources, ensuring you always receive the most up-to-date options. Our dedicated staff have the knowledge and partnerships needed to deliver a fresh take in an industry that often becomes set in its ways. The dedicated CBIZ team, formed specifically for you, will be led by Jeff Booker, Vice President. Your highly experienced team will include:  Jeff Booker – Vice President, CBIZ Public Sector Benefits & Insurance and consulting partner, to provide innovation and expert guidance of plan design.  Nichelle Santos – Vice President, CBIZ Public Sector Benefits & Insurance, will provide expertise in consulting for health plan design, account satisfaction and retention.  Karen Lingenfelter – Account Executive, will be responsible for providing consulting, developing strategy, renewal support, plan design, technical expertise and overall account management.  Tammy Bryan-Sylvestre – Director of Client Services, will provide local client service and support from our South Florida office. We ensure a competitive advantage by:  Analyzing opportunity and risk related to cost, compliance, communication and administration  Projecting costs using data analytics to aid in budgetary forecasting  Providing consistency and engagement through a dynamic communication platform  Tailoring multi-year strategy solutions to desired outcomes  Minimizing uncertainty while maximizing health and welfare-plan dollars 3 CITY OF CLEARWATER Diversity & Inclusion in Action A year after cities across the country went into pandemic-related lockdowns, local governments continue to struggle with budget challenges caused by the most expansive disruption of economic activity since the Great Depression. Even before COVID-19 absorbed all of the energy from public sector operations and planning, local governments were grappling with difficult budget realities headlined by costs for health care and employee pensions. While some included the insulation of a rainy-day fund, it’s safe to say local budgets did not accommodate a pandemic scenario. The COVID-19 pandemic has been a perfect storm for local jurisdictions – an unimagined demand for services and equipment as funding sources plunged. Workforces were reduced by furloughs and health issues while the rapid expansion of remote operations created the challenges of managing a remote or hybrid workforce. Equipment and then vaccines were first hard to come by, then once available, distrust and confusion have become an impediment to a fully vaccinated public. Recently, CBIZ addressed these issues with City and County Managers from across the Country at the National Forum for Black Public Administrators (NFBPA) 2021 Virtual Summit, offering best practice examples of cost saving strategies and a roadmap for managing through COVID-19 and beyond from the lens of compliance and financial stewardship. As the presenting sponsor of the keynote address featuring Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Diseases (NAID), CBIZ’s Nichelle Santos facilitated an interactive discussion and Q&A session. The dialogue delved into the impacts of COVID-19 in the African American community, vaccine apprehension, testing, and vaccine strategy for economic recovery. The fascinating interview featuring Dr. Fauci is available here. Equity At CBIZ, we believe Diversity, Equity, and Inclusion is a business imperative and we continuously work together toward making it an essential and valued part of our OneCBIZ culture. We strive to create an environment that welcomes, values, respects, leverages and develops our individual differences and similarities and this commitment includes identifying and actively combatting racism and discrimination in any form, to remove barriers created by systemic social injustices. We are proud and celebrate the diversity of our teams internally, the diversity of our clients, as well as the diverse organizations we partner with. In 2020, CBIZ renewed our commitment to improving diversity and inclusion across the company and in the industries and communities where we work. We are in the process of accelerating our efforts with a focus on actionable steps short-term to engage our team members and build momentum. View our most recent statement on these efforts here: CBIZ D&I Statement to Stakeholders June 2020 4 CITY OF CLEARWATER We are excited to explore the opportunity of a partnership that offers an innovative benefits solution. We understand the work to be performed and look forward to sharing a range of accessible program services that meet your needs in the timeframe you’ve indicated. Best regards, Jeff Booker Vice President & Benefits Consultant 1605 Main Street, Suite 1010 Sarasota, FL 34236 215.292.8540 | jbooker@cbiz.com Nichelle Santos Vice President, Benefits Consultant 1605 Main Street, Suite 1010 Sarasota, FL 34236 732.223.0070 |nsantosr@cbiz.com 5 CITY OF CLEARWATER TABLE OF CONTENTS TAB ONE LETTER OF TRANSMITTAL ............................................................................................. 2 TABLE OF CONTENTS ..................................................................................................... 5 TAB TWO DEMONSTRATED EXPERIENCE OF FIRM AND PROJECT PERSONNEL ..................... 6 TAB THREE PRORAM DESCRIPTION AND METHOD OF APPROACH ............................................ 16 TAB FOUR REFERENCES ............................................................................................................... 27 TAB FIVE COST OF SERVICES ...................................................................................................... 29 TAB SIX OTHER FORMS ............................................................................................................. 30 EXHIBITS....................................................................................................................... 31 6 CITY OF CLEARWATER TAB TWO DEMONSTRATED EXPERIENCE OF FIRM AND PROJECT PERSONNEL 1. A statement of qualifications, abilities, experience and expertise in providing the requested services. a. A description of what qualifies your firm, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. Jerry Grisko is our Chief Executive Officer and Director, and currently oversees approximately 5,000 CBIZ associates in 100 offices across the country. He was appointed CEO of CBIZ, Inc. in March of 2016, and has been with CBIZ since 1998. We have been operating under the present name since 1999. The corporation was incorporated on 12/23/1997 as GNG Transfer, Inc. The name was changed in 1998 to The Grant Nelson Group, Inc. The name was changed to CBIZ Benefits & Insurance Services, Inc. on 7/6/1999. Who We Are CBIZ is in the business of making things easier for our clients. As a leading provider of Employee Benefits Consulting Services, CBIZ is proud to offer Benefits & Insurance and Financial & Accounting options to public and private businesses throughout the nation. You’ll find our corporate headquarters located in Cleveland, Ohio, with the benefits consulting practice based in Kansas City, Missouri. Our long-standing tenure as a top broker of U.S. Business allows us to navigate the changing insurance industry. We help our clients prevent escalating health care costs through a creative benefits strategy, robust services and reasonable fees. We do the right thing. Our people matter. We are dedicated to the success of our clients. We want to win. We are ONE CBIZ. 7 CITY OF CLEARWATER People-Centered Philosophy We place an emphasis on investing in our employees through ongoing training, allowing time for volunteer opportunities and emphasizing communication throughout the organization. We are constantly on the lookout for ways to refine our offerings for CBIZ employees and the clients we serve. We believe the people who choose to work at CBIZ are what differentiate us from our competitors. With each interaction, we strive to communicate our passion to produce the best customer experience. When we ask our clients to describe their CBIZ team, we hear the words: organized, well-informed, professional, empathetic, reliable, focused, responsive, solutions-driven and customer-focused. We are gratified to have our efforts rewarded with numerous Workplace and Community awards recognizing our goals of employee engagement, optimal outcomes and long-term client satisfaction. These include recognition as a Great Place to Work, the Alliance for Workplace Excellence Seal of Approval, and The Nation’s Best and Brightest in Wellness. Because CBIZ invests significantly in our employee resources to create industry-leading results, we can build a better future for our staff and the clients they serve. We believe successful education leads to better understanding and healthier, happier employees. Focusing on What Matters We know that when we treat our employees well, they show the same level of respect and commitment to the clients they support. We will consistently provide superior services and continue to build long-lasting relationships with our clients. Our investment in our people and our resources translates to industry-leading results designed to grow your business The CBIZ Difference We know you have options when it comes to choosing an employee benefits consultant. While any broker can run the numbers and market your plans, it takes an innovative partner to execute a collaborative strategy. We guide our clients through the complex world of employee benefits leveraging unparalleled creativity and innovation. As one of the largest U.S. Benefits Specialists, CBIZ offers the necessary resources to create innovative benefit plans for your organization. However, what we’re most proud of is the people who serve our CBIZ clients daily. At CBIZ, our average employee tenure is 13 years. We believe our tenure is long because we invest in our people, who in turn invest in their clients. Each team member stands ready to solve your most critical business concerns, providing solutions to manage your risk while improving employee communication, enrollment and administration. By understanding the unique needs of the City of Clearwater, we can provide your HR, employee benefits, finance teams and employees the personal attention they deserve. 8 CITY OF CLEARWATER CBIZ pledges to provide exceptional service focused on individual attention, responsive action and proactive assistance. If you’re not satisfied with the service provided, tell us immediately – we will correct the situation to your satisfaction. We believe this comprehensive approach is instrumental in building better benefit plans that create a culture of healthier, happier employees. As a publicly traded company, CBIZ posts all financial statements on our website, in addition to all SEC filings, stock information, annual reports, and 10-K forms. We strive to maximize shareholder value and believe this is accomplished through growth in revenue and earnings per share, as well as the strategic allocation and deployment of free cash-flow and capital resources. The completed listings for the Benefits and Insurance Services division for the last three years are below.  2018: $288,437,000  2019: $296,288,000  2020: $297,758,000 The link to view these documents is http://phx.corporate-ir.net/phoenix.zhtml?c=73481&p=irol-reports. b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or special expertise your firm has in providing employee benefits and insurance services to clients with similar or related business activities, specifically include experience with self-insured health plans offered by government employers. Include a list of current client relationships (local or otherwise), if not included in your references. We are confident our scope of services will exceed the City of Clearwater’s employee benefits needs. We have successfully implemented and continue to support an array of clients who are very similar to the City of Clearwater in structure and size. The response we've provided identifies how each service we provide fits the City of Clearwater’s employee benefit services requirements. We listen to our clients and are constantly devising and refining approaches and strategies to help our clients stay in front of trends and regulatory changes. Tell us what matters most to you, and we will work with you to address it. First and foremost, our 9 CITY OF CLEARWATER CBIZ team tailors the scope of services and then executes to meet the objectives of the client. CBIZ’s collaborative and strategic approach fosters a true partnership between CBIZ professionals and our clients. Our focus is to help you strategically align your employee benefit offerings with organizational goals and legislative mandates, obtain the best pricing, manage compliance liability, and maximize employee satisfaction. The proposed scope for the City of Clearwater, should you select CBIZ as your benefits consulting partner, includes the following areas of support.  Managing health care costs  Saving time and money on administrative tasks  Attracting and retaining great employees  Keeping employees healthy and productive  Getting maximum value from vendors through solutions, pricing and service  Maintaining regulatory compliance including health care reform While we do not typically include client lists for confidentiality purposes, we have provided contact information for the references you requested in Tab Four as well as a letter of recommendation from one of our current public sector clients of similar size on the following page. If you need anything further, please let us know and we will be happy to provide additional references. 10 CITY OF CLEARWATER 11 CITY OF CLEARWATER c. Describe your firm’s efforts to remain current on business and employee benefit issues relating to the City of Clearwater business profile, including industry or association memberships, if applicable. R EGULATORY AND C OMPLIANCE S UPPORT CBIZ believes in making a continuous investment in compliance and regulatory resources, offering training for all CBIZ associates. By learning to identify, research and analyze complex legal issues, our compliance team ensures every plan is fully compliant with all state and federal mandates. We can quickly identify issues in-house and then share best practices to relieve the burden of billable hours from traditional legal resources. Your team members will receive ongoing support from our national attorneys and legal teams within the Regulatory Affairs and Compliance department led by Karen McLeese, J.D. Her department monitors state and federal regulations and reviews and interprets laws, court decisions, administrative rulings and pronouncements affecting employee benefits. Stay current on compliance issues with up-to-date communication materials such as the proprietary “For Your Benefit” annual compliance manual, “At Issue” and “Benefit Beat” communications, CBIZ Health Reform Bulletins, the Annual Compliance Checklist and timely webinars throughout the year. A NNUAL C OMPLIANCE M ANUAL - "FOR Y OUR B ENEFIT " CBIZ prepares an annual compliance manual with accompanying sample documents for Federal guidelines. There is a State section for each applicable State. This is provided to each CBIZ client, at no additional cost. T IME S ENSITIVE COMMUNICATION - "AT I SSUE " AND "BENEFIT B EAT " CBIZ understands the critical nature of ongoing regulatory and legislative updates in our current environment. CBIZ notifies our clients about the most time-sensitive information on an as-needed basis through the "At Issue" and "Benefit Beat" newsletters. These publications can be provided electronically or via a hardcopy. A NNUAL C OMPLIANCE C HECKLIS T CBIZ provides a "Compliance Checklist" to your staff. The Compliance Checklist is a 50-page checklist of compliance guidelines and necessary actions to mitigate exposure. A FFORDABLE C ARE A CT Your engagement team has exceptional experience in guiding organizations through ACA regulations and assisting with adopting compliant policies and procedures. Further, as an organization specializing in tax, benefits, and payroll, we 12 CITY OF CLEARWATER provide a comprehensive view of the ACA, implementing unique strategies for numerous clients to address tax, fee and penalties and other challenges. 2. Identification of dedicated personnel to be assigned to the City. Personnel named in the proposal may not be substituted without permission of the City. Include an estimate of each key person’s allocated time to the City of Clearwater’s account. Include an organizational chart identifying the team and reporting structures. The dedicated CBIZ team, formed specifically for you, will be led by Jeff Booker, Vice President. Your highly experienced team will include:  Jeff Booker – Vice President, CBIZ Public Sector Benefits & Insurance and consulting partner, to provide innovation and expert guidance of plan design.  Nichelle Santos – Vice President, CBIZ Public Sector Benefits & Insurance, will provide expertise in consulting for health plan design, account satisfaction and retention.  Karen Lingenfelter – Account Executive, will be responsible for providing consulting, developing strategy, renewal support, plan design, technical expertise and overall account management.  Tammy Bryan-Sylvestre – Director of Client Services, will provide local client service and support from our South Florida office. Our team is committed to allocating as much time as needed to ensure that we are meeting the City’s needs. Our success is measured by your satisfaction. This team has been specifically formed to service the City of Clearwater due to their experience in handling public entity clients. Please see the below organizational chart. 13 CITY OF CLEARWATER a. Resumes, including relevant experience may be included. Jeffrey M. Booker, Sr. – Vice President, CBIZ Public Entities 215.292.8540 | jbooker@cbiz.com Business Experience With a background spanning consumer finance, mortgage and insurance consulting, and non-profit administration, Jeff Booker offers a blend of business, policy, finance, and community relations insight unique among many professionals. In his current role as a Vice President with CBIZ Employee Services Organization, a nationwide industry leader, Jeff works with businesses, non-profit organizations, and public entities to provide tailored insurance consulting services targeting group benefits planning. Jeff has served as Employee Benefits Consultant to NJ public entities including Paterson Board of Education (3,200 employees in Passaic County) Washington Township Board of Education (1,600 employees in Gloucester County) and Deptford Township Board of Education (900 employees in Gloucester County) Prior to assuming his current position, Jeff spent over 26 years with nationally recognized financial services organizations, including Brown & Brown, GMAC, First Union and MassMutual. Education Jeff studied Political Science and Organizational Management at Liberty University and Eastern University, respectively. Community Involvement Committed to giving back both professionally and personally, Jeff currently serves as a member of the Sea Bright Borough Council in Monmouth County. In addition, Jeff has served as Commissioner and Treasurer of the Gloucester Township Human Relations Commission; as Chairman of the South Jersey Biz Buzz Government Relations Committee; as a Member of the Gloucester County Branch of the NAACP, and as Vice President of the New Jersey Chapter of the National Forum for Black Public Administrators (NFBPA) and Member of the NFBPA’s National Corporate Advisory Council. A New Jersey native, Jeff studied Political Science and Organizational Management at Liberty University and Eastern University, respectively. He makes his home in Sea Bright, NJ. Nichelle Santos – Vice President, 732.433.0557| nsantos@cbiz.com Business Experience Results driven healthcare and insurance executive, strategist and business development expert with senior leadership experience from both the carrier side and private sector, with a passion for excellence, client experience, efficiency and transformation. As a Risk Manager in the insurance industry and Safety Engineer for private manufacturers, Nichelle has managed and consulted on numerous client portfolios for Safety 14 CITY OF CLEARWATER Management, Behavior Based Safety, Process Safety Management, Crisis Management, Waste Management, Public Relations, and Wellness Programs for complex organizations with an increasingly competitive and regulated marketplace. She has designed and executed strategic plans to resolve insurmountable challenges and achieve ambitious compliance, sustainability and growth objectives. As a Business Development Consultant and creative entrepreneur, Nichelle has worked on multiple Start- ups, with mission driven purposes to make a social impact on lives and the environment. She has developed a strong network of executives in both the public and private sectors; as well as with government affairs, having participated and testified in legislative hearings. As a Vice President of CBIZ Benefits and Insurance Services, Nichelle creates opportunity to provide health and wellness solutions to the public and private sector, with a comprehensive consultative process to gain insight into a business organization’s DNA; leveraging technology in healthcare, to provide innovative, high impact benefits solution programs, to implement and engage employees for improved outcomes. Education  Harvard Kennedy School, Public Leadership Credential  Rutgers University, Cook College, New Brunswick, NJ  Bachelor of Science, Environmental/Occupational Health and Safety  Rutgers Varsity Track and Field Team Life, Accident, and Health, and Property & Casualty Insurance licenses in the states of NJ, PA, and VA. Community Involvement and Organizations Nichelle continues to give back through service as a member of organizations past and present, Rutgers Alumni; National Forum for Black Public Administrators; Somerset County Business Partnership; Jr. League; American Society of Safety Engineers; National Association of Professional Women; Statewide Hispanic Chamber of Commerce of NJ; CBIZ Women’s Advantage. Karen Lingenfelter, Senior Account Executive 610.862.2267 | klingenfelter@cbiz.com Karen provides strategic advice to employers on how best to manage risk and retain quality benefits. Healthcare has become a very complex part of every employer and employee's life. She strives to consult with her clients to continue to stay ahead of the evolving trends in the marketplace. Providing cost containment strategies has become a passion of hers to enable employers to take the next step to control trend and reduce claim costs over time. Karen will provide day-to-day support and works with her clients to develop strong benefit plans tailored to their employee populations. In the last fifteen years, Karen has developed quality relationships with insurance carriers and vendor representatives in the Philadelphia area along with nationally. These relationships she has developed serve as a benefit for her clients to negotiate the best programs on their behalf. She gains client confidence and builds vendor relationships by her sincere efforts to find unique solutions to various benefit and employer/employee related problems. Karen primarily supports large groups and has worked with many in the public entity sector. She also has extensive benefit plan knowledge including fully and self-insured 15 CITY OF CLEARWATER funding arrangements, consumer driven health plans and compliance. Karen has received the Health Insurance Association (HIAA) designation of Managed Healthcare Professional (MHP). She is also a Registered Investment Advisor and a Registered Representative with CBIZ. Tamara Bryan-Sylvestre, Director of Client Services 561.900.1605 | tbryansylvestre@cbizwc.com Tamara joined CBIZ Weekes Callaway in 2007 and in our South Florida location is currently responsible for HR, Client Retention, Employee Benefits department work flow and manages all initiatives related to our Country Club Segment. She has been an asset to our team as she provides an HR perspective to all faculties related to Employee Benefits and is often consulted by our clients. She is a graduate of Angelo State University majoring in Business Administration and a minor in Business Law. She is also licensed in both Employee Benefits and Property and Casualty in three states. Her blended role has been a testament to her honed abilities after 20 years of experience in the insurance industry. 16 CITY OF CLEARWATER TAB THREE PRORAM DESCRIPTION AND METHOD OF APPROACH Program Description AND Method of Approach. Clearly define the program offered and your method of approach to include, but not limited to the following elements: 1. Employee Benefits Assessment and Analysis: Provide a summary of your firm’s process in conducting risk assessment and analysis for firms similar to the City of Clearwater. Identify resources to be used, if not already part of the proposed service team. Provide samples of internal or external reports that are a product of such assessment and analysis. Based upon the information currently available, identify areas of emerging risk relative to the City of Clearwater operations, or risk warrants greater attention. We deliver monthly claims dashboards and financial overview to the management and benefits team so that your leadership can see how the plan is performing against YTD funding. Each of these is a CBIZ reporting tool developed by a certified actuary – we don’t merely forward carrier reporting. In addition, we provide: Q UARTERLY R EPORTS / M EETINGS :  Utilization Data Analysis  Performance Standard Review - Vendor performance guarantees, if available A NNUAL R EPORTS / M EETINGS :  Financial Comparison  Benchmark Review/Analysis  Performance Standard Review/Stewardship Report  Wellbeing Scorecard  Strategic Review Using health risk assessment and biometric screening data, CBIZ provides an annual comprehensive health risk analysis, evaluating the effectiveness of the wellbeing initiatives in place. Samples of our benchmarking resources can be found in Exhibit D. CBIZ N ATIONAL P HARMACY C ONSULTING The CBIZ National Pharmacy Consulting Practice is one of CBIZ Employee Benefits’ national services delivered locally by employee benefits and human capital management experts. Visit www.cbiz.com/rx for more information. 17 CITY OF CLEARWATER Industry Trends Industry estimates show prescription drug benefits will continue a steady rise in year-over-year expense-to-health plan costs, with specialty costs equating to 50% of overall pharmacy spend in the near future. The CBIZ National Pharmacy Consulting Practice understands the need to curb these prescription drug benefit costs and control health plan expenses. We bring robust clinical and financial consulting expertise to clients as they navigate the ever-changing pharmacy benefit landscape. Our Solution Our practice consults with clients to review past pharmacy experiences and provide strategic recommendations specific to an organization’s needs and culture, while also providing guidance around best practices for pharmacy management. In collaboration with local CBIZ consultants, the pharmacy team provides client-specific pharmacy guidance, pertaining to health care reform, industry trends and a client’s operating objectives. Our team also works with pharmacy benefit managers (PBMs) to maximize the value of a client’s pharmacy benefit spend by implementing the following strategies:  Identifying the most prudent contracting strategy  Ensuring safe and appropriate use of medications  Optimizing distribution channels  Ensuring adequate reporting of pharmacy expenditures  Holding vendors accountable for medication adherence and outcomes  Meeting the needs of state and federal regulations  Planning for drug launches and guideline changes 2. Marketing: Describe your firm’s proposed marketing processes and strategies. Provide comment on current program structure and pricing (to the extent possible) with particular emphasis on your firm’s assessment of the insurance market. Include identification of resources that are not part of the proposed service team. Provide a suggested listing of markets that may be considered for each major line of coverage, including your rationale for such a course of action. Include any intermediaries to be used and your relationship with those companies. (Note: The City is requesting a sample only of the markets that your company would use for an account of the size of Clearwater). Funding Arrangements Your dedicated consultants and service team have valuable expertise working with various funding arrangements. Our clients range from being fully insured, to hybrid ensured, to fully self-funded. We are skilled at utilizing the data available to us to determine the best funding strategy for your company. CBIZ has been working in the field of self-funded health and ancillary plans since the early 1980s. We are experts regarding stop-loss contracts, plan designs and funding techniques that are conducive to cost containment without alienating employees, multiple plans that increase flexibility, and cutting-edge components of flexible benefit and cafeteria plans. 18 CITY OF CLEARWATER Innovations Tailored to Our Clients CBIZ thrives on creating innovative solutions that are meaningful to our clients in a rapidly changing regulatory healthcare environment. With over 50 years of experience in successfully guiding our clients through the healthcare maze, we are committed to providing this technical expertise. Through alternative funding techniques, pharmacy carve-out solutions, employee education, claims and risk analytics, wellbeing expertise and custom plan design structure, CBIZ has been able to minimize employer cost increases and develop strategies that support both short and long-term objectives. We have continued to stay curious and try new solutions, leading to many innovations. A couple of the innovations we've developed for clients are outlined below. Healthcare Firm Case Study Client type: Healthcare Participants: 563 employees Challenges:  Rising healthcare costs;  Limited budgetary predictability;  Geographically dispersed employees;  Communication challenges. Interventions:  CBIZ reviewed and recommended simplifying the plan design and contribution strategy.  Market evaluation of Pharmacy and Medical Carriers – ultimately carved-out pharmacy into a pharmacy coalition.  Implemented no-cost employee call center for education and communication to employees.  Created a customized benefits brand and revised employee-friendly benefit guide.  Mitigated section 105h challenges and risks. Results:  Lowered Employer Per Employee Per Year cost by $2155 PEPY.  Lowered Employee Cost by $775 PEPY.  Enhanced benefit offering and plan design with some of the employer savings.  Lowered administrative cost of benefits.  More competitive pharmacy contractual provisions.  Increased enrollment in HDHP by 37%. 19 CITY OF CLEARWATER Engineering Firm Case Study Client type: Engineering Participants: 2,400 employees Challenges:  Expand existing Wellness programs to Wellbeing;  Increase workplace safety;  Decrease healthcare cost while increasing healthcare experience;  Incorporate Wellbeing into Corporate vision and values. Interventions:  Implemented Wellbeing committee inclusive of C-Suite; HR; Regional VP; IT; and Marketing and Safety representatives.  Complete evaluation of culture through Executive, Staff and Regional interviews, as well as employee surveys.  Developed a Three Year Strategic Plan which integrated with the 2017 Corporate Strategic Plan.  Evaluated market resources to best meet the Wellbeing Strategic Plan requirements.  Value-Based Benefits incorporated.  Population Health Management resources implemented. Results:  Improved Participation in Health Assessment and Biometrics by 40%.  Medical claims average PMPM has moved from a 9% increasing trend to a 0% trend, which is well below the national average.  Added chronic condition management and programming coupled with lifestyle coaching.  Partnered with vendors to receive funding for Wellbeing Coordinator and communications.  Winner of the Edington Next Practice Award. P RE-RENEWAL P LANNING Selecting insurance products is secondary to identifying, building, documenting and executing a strategic plan. Traditional insurance brokers will commoditize the census and claims data, while an employee benefits specialist places the buying process on the importance of the strategy. This allows our clients to optimize pricing and other outcomes. The CBIZ process begins when a senior consultant establishes a relationship with each new client and stays with them throughout the entire process. That consultant works with the entire CBIZ team, accessing resources, knowledge, and expertise to ensure every client gets the most of what CBIZ has to offer. It starts with a comprehensive analysis of our client’s business to understand their goals and help us customize a plan to each business case. We benchmark our client’s current position, take an assessment, and then work to build a strategic plan with key metrics to deliver on our client’s vision. R ENEWAL N EGOTIATION The most competitive pricing is achieved when a vendor becomes a partner with the City of Clearwater. Our responsibility is to develop these relationships to the fullest. For prospective partners, CBIZ must paint the 20 CITY OF CLEARWATER picture of why the City of Clearwater is the most attractive group to insure. For current partners, CBIZ will enrich the relationships through collaborative development of strategic plans. Activities prior to the renewal negotiations such as Wellbeing Summits, CBIZ/vendor partner development sessions and regularly scheduled partner updates allow CBIZ to aggressively achieve the most cost effective pricing for all plans and Wellbeing resources at renewal. As one of the largest purchasers of insurance and related products and services, our clients benefit from preferred level pricing and service models from both national and regional insurance companies and other vendors. The City of Clearwater will benefit from both our strategic approach and our significant volume placements. F INAL N EGOTIATION AND S ELECTION OF N EW V ENDORS As discussed above, the final negotiations and/or selection of new vendor is most effective with the appropriate preparation in the renewal planning and strategic planning stages. At the point that final negotiations are appropriate, CBIZ will represent the City of Clearwater to obtain the solution that will best fit the City of Clearwater’s needs at the most cost effective pricing. Once this is accomplished, we will stay locked in with the vendor/partner to ensure that they deliver according to final negotiated provisions. M EASURING S UCCESS Creating and forecasting are just a few components of a successful engagement. We take the process one step further and create metrics that will then determine the success of the strategy. This will answer the question; “Did we help you accomplish what we set out to do?” This comes in the format of an annual stewardship report and through a scorecard that measures key metrics. For a sample client service timeline and 3-year strategic plan, please see Exhibit H. 3. Data Management: Provide commentary on the projected needs for the City of Clearwater relative to data management and your firm’s approach to meeting those needs. Include resources or systems that might be utilized to enhance this area of benefits management. CBIZ has been working in the field of self-funded health and ancillary plans since the early 1980’s. We are experts regarding stop-loss contracts, plan designs and funding techniques that are conducive to cost containment without alienating employees, multiple plans that increase flexibility and cutting-edge components of flexible benefit and cafeteria plans. S ELF -F UNDED B UNDLED /UNBUNDLED A RRANGEMENTS With many more insurers and reinsurers entering the market it is important to review funding alternatives on an annual basis. This engagement includes data management tools to analyze claims information for utilization patterns. CBIZ excels in supporting our clients over a spectrum of self-funded arrangements from a bundled national carrier arrangement, to a national carrier arrangement with allowed carve outs, to a TPA self-funded arrangement, all the way to open access arrangements/reference-based pricing. P LAN M ANAGEMENT E XPERTISE CBIZ utilizes our stop loss, pharmacy and actuarial expertise to drive decisions and implement solutions. CBIZ has a stop loss team that specializes in placing the most competitively priced policies and consulting in regard to the most effective use of lasers within the contract. In addition, CBIZ can also provide analysis and placement of captive solutions. 21 CITY OF CLEARWATER CBIZ pharmacy expertise ranges from the evaluation of the most effective PBM solution, to consulting on more innovative options such as Rx Advocacy programs. Annually, the pharmacy team will advise on the appropriate levers to utilize within your chosen PBM, such levers may include greater pre- authorization, closed formularies or additional condition management resources. The CBIZ actuarial team scope of services is built to support our self-funded client’s needs. From network discount evaluation to projections reflective of plan design or program changes, the actuaries are integral in the annual planning. 4. Program Design: Provide a brief summary of potential program designs that may be appropriate for the City of Clearwater for the major lines of coverage. Include the rationale for your suggestions. Given the information provided, identify your firm’s key strategies in evaluating the optimum alternatives for the City of Clearwater in the major lines of coverage. Our Health Innovations practice is dedicated to identifying leading solutions for the purpose of managing risk, improving health and the member experience. While not all strategies will fit with the City of Clearwater’s culture, we will expose you to all innovations so that you can understand the spectrum of options available including both the financial and non-financial impacts of each strategy. Please click here for our 2020 State of Health Care guide that our Health Innovations Practice curated recently. The following page includes innovative ways CBIZ is approaching the ever-changing healthcare landscape. Direct Contracting & Referenced-Based Pricing: Direct contracting and reference-based pricing creates cost savings opportunities in which providers and employers agree on a defined rate for services, which is usually based upon some multiple of Medicare, or the compensation is determined via negotiation based on the hospital’s areas of specialty and medical quality. This also will apply to domestic medical tourism and condition-specific carve-out programs, such as for dialysis. Specialty Carve-Out: The largest proportion of new medicines launched in the last five years has been specialty drugs, and the share of spending on specialty drugs has risen, while traditional net medicine spending has declined by more than $133 per person over the past decade. Some methods we use to manage specialty pharmaceuticals largely include: Establishing aggressive utilization management (such as requiring prior authorization, step therapy and quantity limits), requiring that these medications be obtained through a specialty pharmacy or pharmacy benefit manager (PBM) firm, and using site-of-care management to ensure drugs are administered in appropriate and cost-effective settings. Pharmacy Advocacy Programs: These programs are designed to control specialty pharmacy costs to a greater degree and have emerged over the past 24 months. Typically, these programs involve requiring the member to work with a pharmacy advocate and removing specialty medications from the plan. The advocate works with the member to obtain the medication at no cost directly through the drug manufacturer. If the member is unable to obtain the 22 CITY OF CLEARWATER medication through this process then the plan will cover the medication. This strategy can result in significant savings to the plan; however, it also involves employee engagement in the process. While the original versions of these programs required using a special pharmacy benefit manager, more recently large PBM’s such as CVS have adopted a version that is less intrusive to employees with a more streamlined approach. Integrated Care Coordination: By placing customer service, verification of benefits, pre-certification, care coordination and provider with an unbiased third-party entity that is dedicated to the member experience, the member has a partner in navigating the complexities of healthcare and health insurance at their time of need. Care coordination refers to the organization and integration of information across providers and settings, enabling a more personalized experience for the patient. Centers of Excellence (COE): COEs have the capacity to deliver enhanced quality through the application of innovative devices, technologies and techniques, which improves outcomes. Further, COEs can benefit institutions financially by increasing efficiencies and improving reimbursements, while providing better clinical outcomes for employee- patients through reductions in readmissions, proper diagnosis and other quality of care metrics for their areas of specialty. A centers of excellence (COE) program can be used to direct members to hospitals nationally regarded as the best in class for treatment of these services. Direct Primary Care & Enhanced Primary Care: Adoption of direct primary care create better avenues for access and treatment and, more importantly, to develop steerage platforms to the appropriate site of care and invoke considerations regarding referrals to higher quality medical providers when specialty care, surgeries and hospitalizations are needed. This is of particular value in areas where members are displaced from traditional care models, such as in a rural or isolated part of the country. Potential Concerns These days, managing a health benefits program means managing change. Health care benefits must serve the evolving needs of employees and their families, support the organization’s short and long-term objectives, and adapt to the rapid-fire change –even paradigm shifts – occurring in the health care market and in health care policy. Health plan consolidation and vertical integration of health-related entities continue. In many markets, this has reduced choice and raised cost. New entrants into the market create uncertainty, along with new opportunities to explore. Additionally, Washington’s focus on undoing the ACA continues. The new tax law repealed the individual mandate penalty, which is likely to mean more uninsured and more cost- shifting to employer plans from uncompensated care. Against this challenging backdrop, employers must not only continue to manage cost but also to offer benefits that are more attractive. Growing competition for talent means benefits must support attraction and retention, and health coverage is the benefit that matters most to employees. 23 CITY OF CLEARWATER It is imperative for organizations to make informed and strategic decisions about what benefits to offer as part of their total rewards strategy. Using a variety of sources to stay up to date on benefits trends and innovative strategies and continually assessing the fit of offerings with your organization’s culture are crucial in securing your current and future talent needs. 5. Communications: Describe formal and informal communication processes for the City of Clearwater. Include proposed schedules of key meetings, timelines, and other process mileposts for the proposed client service. Include any proprietary client communications that may be appropriate and available to the City of Clearwater to facilitate communications. Describe your firm’s capability of producing annual benefit statements and open enrollment communications for employees. NATIONAL EMPLOYEE COMMUNICATIONS PRACTICE CBIZ recognized several years ago that the ability to provide effective employee communication was lacking in traditional insurance brokers. We believe that highly customized communication is critical to human capital management. Rather than outsourcing this necessary practice, CBIZ began to invest in customized communication resources with the goal of better educating our clients’ employees. As you will see in the following pages, the CBIZ communication practice is a major differentiator in the employee benefits broker marketplace. Communication resources have become increasingly important in an age of expanding technology and information overload. It takes more than a printed benefits guide to spur employees to make informed benefits decisions. While many of our competitors outsource their communications, we continue to invest in in-house resources to make these more accessible for our clients. Developing an employee benefits plan is only the beginning. Successful rollouts require communicating to all employees in a way that clearly defines the responsibilities, deadlines and costs. Issues of geographic reach, language barriers and diverse employee population require consistent and comprehensive messaging. Your CBIZ team will be there to guide you every step of the way. 24 CITY OF CLEARWATER The CBIZ National Communications Practice provides best practices to consider when building a benefits communication strategy. This includes consideration of the following: To secure an optimal return on your benefits investment, CBIZ offers a range of communication channels to distribute benefits messaging including paper, mobile, online and social media options at no additional charge. This includes:  Customized, engaging benefit guides designed to educate your employees  Brainshark videos, a cloud-based platform to create video messaging 25 CITY OF CLEARWATER  FlippingBook, which turns static PDF documents into interactive, online resources with data tracking capabilities  Vendor Partners (an additional cost – but will receive CBIZ preferred pricing) MULTIMEDIA RESOURCES Custom Video Creation CBIZ has partnered with Brainshark, a leading cloud-based platform for employer and employee education, to create customizable benefits education presentations. Presentations can be viewed on-demand at the audience’s convenience, “anytime, anywhere,” including on mobile devices. Employees can review benefits communications as often as needed and easily share with others in their household. Online Distribution CBIZ can also utilize a software called FlippingBook. This site transforms files into digital, interactive online publications and can be used for employee communication and education. Sample FlippingBook Projects include Employee Benefit Guides, benefits highlight brochures, Open Enrollment materials, and HR/New Hire Handbooks. The FlippingBook tool allows us to measure the effectiveness of our communication strategy and adjust as necessary. Using Google Analytics, CBIZ can track interaction and utilization of the guides and materials published on this platform. We are pleased to provide benefit guides, Brainshark & Flimp videos, and FlippingBook technology at no additional cost. BENEFITS AND TRAINING VIDEO LIBRAR Y As part of our communication toolkit, CBIZ offers clients access to the Flimp video library. This library includes a variety of animated videos designed to provide your employees with education on various benefits topics, HR communications and overall training. Your CBIZ team will work with you to determine which videos best fit your needs and can provide a customized URL you can send to your employees. These videos are hosted online and can be emailed as a link or included in documents like your benefit guides. OPEN ENROLLMENT SUPPORT Open enrollment is a key component of employee involvement and appreciation of the benefit offerings. We are intimately involved in the process. An effective open enrollment process is customized based on the attributes and desires of the covered population. We work closely with the human resource team and the benefit vendors in the communication program to facilitate vendor fairs, host webinars and lead open enrollment presentations. EMPLOYEE SURVEYS CBIZ can conduct a variety of surveys if requested. Our most common surveys solicit employee feedback on current benefit options, satisfaction with carrier customer service, likelihood they may purchase an option if it were available, and the success of wellness programs. If the City of Clearwater would like to conduct a survey, CBIZ will provide guidance on constructing and administering it to employees. We also have third party resources we may use should it be beneficial for a survey to come directly from CBIZ to your employees. As you redefine your strategic multi-year benefits and administration plans, any new initiatives 26 CITY OF CLEARWATER which may create significant opportunities, changes or disruptions in benefit offerings to the employees would be good opportunities to use surveys. 6. Other Services (Optional): Provide a brief summary of other services available from your firm that may be appropriate to the City of Clearwater consideration. If we are selected as your Employee Benefits consulting firm, you can rest assured that all our benefits consulting services are included in our compensation structure. If the City of Clearwater requires additional professional services, CBIZ can connect you to professionals in a variety of specializations within our organization. Each client is unique and together we will leverage resources to enhance your organizational objectives. These services may require additional costs, to be negotiated upon determination of the scope of the projects. The following CBIZ services are offered regionally and nationally through a network of CBIZ professionals. These services are listed below and are outside of the Scope of Services detailed in this proposal:  Business Valuation Services  Executive Financial Services  Human Capital Advisory Services  Mergers and Acquisition Services  Payroll Services  Retirement Plan Services  Risk Management & Specialty Insurance  Accounting, Tax & Advisory Services  Technology Solutions  Executive Recruiting  Talent & Compensation Consulting Services 7. Broker/Consultant Compensation: Identify your firm’s preference on the means of compensation for services. Provide a detailed analysis of the fee build-up, including allocated time and rates for the service providers. Identify any proposed services that may be outside an agreed-upon fee and an estimate for those services, if applicable. Include the details of any proposed incentive plan, if recommended. We recommend and prefer written and signed service and fee agreements for accounts we manage similar in size and complexity as the City of Clearwater. The fee portion of the agreement provides the details of any compensation arrangement. While we prefer simple agreements on compensation, we will entertain agreements which have some subjective and objective incentive compensation elements. We have entered into various performance incentive compensation agreements whereby clients have specific targeted achievements, standards or results they are seeking to emphasize or reward through a compensation arrangement. 27 CITY OF CLEARWATER TAB FOUR REFERENCES A minimum of three (3) references, preferably from other public entities of similar size to the City of Clearwater and three (3) government accounts utilizing a self-insured health plan, within the past three (3) years, for whom firm has provided brokerage/consulting services. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, dates these services were provided. R EFERENCE NO . 1 Charter Schools USA 800 Corporate Drive, Suite 700 Ft. Lauderdale, FL 33334 Stacey Montanez, smontanez@charterschoolsusa.com (954) 202-3500, Ext. 1749 Type of Service Provided: Medical and pharmacy benefits: Stop loss; dental; vision; and voluntary benefits. Dates Provided: 2016 to present R EFERENCE NO . 2 Gunster 777 S Flagler Drive, Unit 500E West Palm Beach, FL 33401 Susan Faby, sfaby@gunster.com (561) 655-1980 Type of Service Provided: Medical, dental, vision, and voluntary benefits Dates Provided: 2014 to present R EFERENCE NO . 3 Paterson Public Schools 90 Delaware Avenue, 4th Floor Paterson, NJ 07503 Eileen Shafer, eshafer@paterson.k12.nj.us (973) 321-0980 Type of Service Provided: Medical and pharmacy benefits: Stop loss; dental; vision; and voluntary benefits. Dates Provided: 2019 to present 28 CITY OF CLEARWATER R EFERENCE NO . 4 Philadelphia Housing Authority 3100 Penrose Ferry Road Philadelphia, PA 19145 Josh McQuoid, Joshua.mcquoid@pha.phila.gov (215) 684-3585 Type of Service Provided: Full-service broker/consultant Dates Provided: 2000 to present R EFERENCE NO . 5 Township of Edison 100 Municipal Boulevard Edison, NJ 08817 Maureen Ruane, mruane@edisonnj.org (732) 248-7298 Type of Service Provided: Full-service broker/consultant Dates Provided: 2012 to present R EFERENCE NO . 6 Dallas Area Regional Transit Authority (DART) 1401 Pacific Avenue Dallas, TX 75202 Ruby Sanders, rsanders2@dart.org (214) 200-1765 Type of Service Provided: Pharmacy Benefit Consultant Dates Provided: 2021 29 CITY OF CLEARWATER TAB FIVE COST OF SERVICES The cost portion of the proposal should include the following elements: 1. Proposals shall include an annual service fee as part of their response to this RFP. The successful firm shall be compensated on an annual fee basis. Fees will be payable quarterly at the end of each quarter. All program premiums and charges are to be written net of commission and the acceptance of a commission shall be grounds for immediate termination of the contract. If a carrier does not or cannot work on a net of commission arrangement, the firm shall disclose this fact and the commission shall be deducted from the annual fee. Our compensation will be $7.50 per active full-time employee and retiree per month. We will ensure all carrier or vendor quotes are presented net of commission per the RFP instructions. If any voluntary benefits or other policies are placed with embedded commissions, we will use those commissions to offset our PEPM fee. 2. The successful firm shall provide an annual statement from each carrier confirming that the insurance carrier has paid no commissions. Full disclosure of all compensation earned, either directly or indirectly, is required. Use of intermediaries, wholesalers, subsidiary companies, etc. is expected and encouraged if advantageous to the City of Clearwater. However, all fees and or commissions earned as a result of their use must be disclosed and will be deducted from the annual fee. Additionally, the City reserves the right to seek additional relevant records as a means of enforcing this provision. CBIZ will be transparent with compensation and will provide whatever is requested by the City of Clearwater. 30 CITY OF CLEARWATER TAB SIX OTHER FORMS The below-listed forms have been completed and signed and can all be found in Exhibit A. 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. E-Verify Eligibility form 6. Copies of licenses and/or certifications 7. W-9 Form 31 CITY OF CLEARWATER EXHIBITS EXHIBIT A – OTHER FORMS EXHIBIT B – SCOPE OF SERVICES EXHIBIT C – SAMPLE COMPLIANCE MATERIALS EXHIBIT D – BENCHMARKING RESOURCES EXHIBIT E – COST CONTAINMENT STRATEGIES EXHIBIT F – CBIZ EMPLOYEE COMMUNICATION SAMPLES EXHIBIT G – SAMPLE RMNEWAL PACKAGE EXHIBIT H – SAMPLE TIMELINE & 3-YEAR STRATEGIC PLAN EXHIBIT I – SAMPLE ANNUAL PERFORMANCE REVIEW EXHIBIT J – COVID-19 RESOURCES EXHIBIT K – REPORTING SAMPLES EXHIBIT L – SAMPLE WELLBEING RESOURCES EXHIBIT M - PUBLIC SECTOR RESOURCES 32 CITY OF CLEARWATER EXHIBIT A OTHER FORMS EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Brokerage and Consulting Services 25 RFP #29-21 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: X X CBIZ does not provide copies of corporate insurance policies absent of a court order. Attached is the corrected Page 19 of the RFP as per our Corporate Director, Risk Management and Insurance. 1 2 CBIZ Benefits & Insurance Services, Inc.04/28/2021 NM NM DETAILED SPECIFICATIONS Brokerage and Consulting Services 19 RFP #29-21 7. INSURANCE REQUIREMENTS. To be reviewed by Risk Manager. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having anAM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, theVendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the CommercialGeneral Liability Insurance and the Commercial Automobile Liability Insurance.. The address where such certificates shall be sent or delivered is as follows: City of Clearwater Deleted: In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies Deleted: and certified policies VENDOR INFORMATION Brokerage and Consulting Services 26 RFP #29-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address:Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. CBIZ Benefits & Insurance Services, Inc. 1605 Main Street, Suite 1010 Sarasota FL 34236 (215) 292-8540 (610) 862-2500 jbooker@cbiz.com www.cbiz.com Jeff Booker (610) 862-2500 jbooker@cbiz.com(215) 292-8540 Jeff Booker (610) 862-2500 (215) 292-8540 jbooker@cbiz.com Jeff Atwater Chief Financial Officer State of Florida Agency License Number L019843 Location Number: 118356 Issued On 09/15/2006 Pursuant To Section 626.0428, Florida Statutes, This Agency Location Shall Be In The Active Full-Time Charge Of A Licensed And Appointed Agent Holding The Required Agent Licenses To Transact The Lines Of Insurance Being Handled At This Location. Pursuant To Subsection 626.172(4), Florida Statutes, Each Agency Location Must Display The License Prominently In A Manner That Makes It Clearly Visible To Any Customer Or Potential Customer Who Enters The Agency Location. ATTN: LICENSING DEPT 700 W 47TH STREET, SUITE 1100 KANSAS CITY MO 64112 CBIZ BENEFITS & INSURANCE SERVICES, INC. Jeff Atwater Chief Financial Officer State of Florida Agency License Number L019843 Location Number: 21 Issued On 09/15/2006 Pursuant To Section 626.0428, Florida Statutes, This Agency Location Shall Be In The Active Full-Time Charge Of A Licensed And Appointed Agent Holding The Required Agent Licenses To Transact The Lines Of Insurance Being Handled At This Location. Pursuant To Subsection 626.172(4), Florida Statutes, Each Agency Location Must Display The License Prominently In A Manner That Makes It Clearly Visible To Any Customer Or Potential Customer Who Enters The Agency Location. 3945 W ATLANTIC AVE DELRAY BEACH FL 33445 CBIZ BENEFITS & INSURANCE SERVICES, INC. ! " #$ " % &% & " % % '('($)* '#$+$* % ,- . ! /0 / ., 12 32!14&!& 2305 67(6&32384 943034 :-82-;1 < 6*()(6)76$)#&32384 04;=8>0433?!5 6*()(6)76$#6&32384 43!@40!@6*()(6)7 ! " #$ " % &% & " % % '('($)* '#$+$* % ,- . ! /0 / ., 12 32!14&!& 2305 67(6&32384 943034 :-82-;1 < 6*(+(6)76$)#&32384 04;=8>0433?!5 6*(+(6)76$#6&32384 43!@40!@6*(+(6)7 4/21/2021 44 CITY OF CLEARWATER EXHIBIT B SCOPE OF SERVICES 45 CITY OF CLEARWATER SCOPE OF SERVICES 46 CITY OF CLEARWATER SCOPE OF SERVICES 47 CITY OF CLEARWATER EXHIBIT C REGULATORY & COMPLIANCE SUPPORT 48 CITY OF CLEARWATER 49 CITY OF CLEARWATER EXHIBIT D BENCHMARKING RESOURCES 50 CITY OF CLEARWATER BENCHMARKING RESOURCES • Mercer National Survey of Employer-Sponsored Health Plans, (Released in 2018) • International Foundation of Employee Benefit Plans, 2018 • Kaiser/HRET Survey of Employer-Sponsored Health Benefits, 2018 • BenefitFocus The State of Employee Benefits Survey, 2018 • Segal Consulting Health Plan Cost Trend Survey, 2018 • National Business Group on Health Fidelity Survey Report, March 2017 • Group Marketshare, LLC, 2018 (Industry Data including Guardian) • Willis Towers Watson, 2018 • Society For Human Resource Management (SHRM), 2018 51 CITY OF CLEARWATER BENCHMARKING RESOURCES To download the full 2019 CBIZ Employee Benefits Benchmark Report, click here: Full Report. 52 CITY OF CLEARWATER BENCHMARKING RESOURCES Sample 2019 Benchmarking Report for “ABC Client” 53 CITY OF CLEARWATER EXHIBIT E COST CONTAINMENT STRATEGY 54 CITY OF CLEARWATER COST CONTAINMENT STRATEGY TRENDS 55 CITY OF CLEARWATER EXHIBIT F EMPLOYEE COMMUNICATION MATERIALS 56 CITY OF CLEARWATER BENEFIT GUIDE TEMPLATE 57 CITY OF CLEARWATER VIDEO LIBRARY 58 CITY OF CLEARWATER To download the full CBIZ Benefits Communication Strategy Checklist, please click here. 59 CITY OF CLEARWATER EXHIBIT G SAMPLE RENEWAL PRESENTATION 60 CITY OF CLEARWATER SAMPLE RENEWAL PRESENTATION To view a sample client renewal presentation, click here: Renewal presentation. 61 CITY OF CLEARWATER EXHIBIT H SAMPLE TIMELINE & 3-YEAR STRATEGIC PLAN 62 CITY OF CLEARWATER 63 CITY OF CLEARWATER EXHIBIT I SAMPLE ANNUAL PERFORMANCE REVIEW 64 CITY OF CLEARWATER ANNUAL PERFORMANCE REVIEW To view a sample APR presentation, click here: APR Presentation. 65 CITY OF CLEARWATER EXHIBIT J COVID-19 RESOURCES 66 CITY OF CLEARWATER LIVE WEBINARS THOUGHT LEADERSHIP SUBJECT MATTER EXPERTS COVID-19 RESOURCES 67 CITY OF CLEARWATER EXHIBIT K REPORTING SAMPLES 68 CITY OF CLEARWATER 69 CITY OF CLEARWATER EXHIBIT L SAMPLE WELLBEING RESOURCES 70 CITY OF CLEARWATER SAMPLE WELLBEING RESOURCES 71 CITY OF CLEARWATER EXHIBIT M PUBLIC SECTOR RESOURCES 72 CITY OF CLEARWATER Click on the images below to view the full resources. PUBLIC SECTOR RESOURCES Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9421 Agenda Date: 8/19/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve a Sublease Amendment between the City of Clearwater, the Greater Clearwater Chamber of Commerce, Inc. and the State of Florida, Bureau of Public Land Administration, Division of State Lands to extend the lease period from ten years to thirty years for use of the Florida Department of Transportation Building and property located at 3204 Gulf-to-Bay Boulevard for a visitor welcome center and trailhead facility and authorize the appropriate officials to execute same. (consent) SUMMARY: The City entered into a Sublease Agreement with the State of Florida, Bureau of Public Land Administration, Division of State Lands for lease of said property on August 16, 2017. On April 18, 2019, the City entered into a Sublease Agreement between the City, State and Greater Clearwater Chamber of Commerce, Inc. (Amplify) to develop a portion of the property and building into a visitor welcome center. Terms of the Sublease were for ten years. Amplify notified city staff that in order to obtain grant funding for renovations of the building, the Sublease needed to be a minimum of twenty-five years. The State was contacted and agreed to change the Sublease from ten years to thirty years to accommodate the time frame needed by Amplify. All other terms of the original Sublease remain untouched. Amplify will be responsible for all costs associated with the operations, general maintenance, and improvements to be made inside the building. The City has agreed to pay for water and sewer. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/17/2021 This Amendment was prepared by: Jay Sircy Bureau of Public Land Administration Division of State Lands Department of Environmental Protection, MS 130 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 AID# 43639 ATS1 [0.039 +/- acres] CITY OF CLEARWATER, FLORIDA ___________________________________________ AMENDMENT NUMBER ONE TO SUBLEASE NUMBER 4799-002 THIS SUBLEASE AMENDMENT is entered into this _____ day of ________________, 20____, by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, hereinafter referred to as "SUBLESSOR" and the GREATER CLEARWATER CHAMBER OF COMMERCE, INC., a Florida not for profit corporation, hereinafter referred to as "SUBLESSEE"; W I T N E S S E T H WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, by virtue of Section 253.03, Florida Statutes, holds title to certain lands and property for the use and benefit of the State of Florida; and WHEREAS, on May 7, 2019, SUBLESSOR and SUBLESSEE entered into Sublease Number 4799-002; and WHEREAS, SUBLESSOR and SUBLESSEE desire to amend this Sublease to extend the term of the Sublease. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1.Paragraph 4. of Sublease Number 4799-002 is hereby revised, replaced and superseded by the following: 4.SUBLEASE TERM: The term of this sublease shall be for a period of thirty years commencing on May 7, 2019, and ending on May 6, 2049, unless sooner terminated pursuant to the provisions of this sublease. 2.It is understood and agreed by SUBLESSOR and SUBLESSEE that in each and every respect the terms of the Sublease Number 4799-002, except as amended, shall remain unchanged and in full force and effect and the same are hereby ratified, approved and confirmed by SUBLESSOR and SUBLESSEE as of the date of this amendment. 3.It is understood and agreed by SUBLESSOR and SUBLESSEE that this Amendment Number One to Sublease Number 4799-002 is hereby binding upon the parties hereto and their successors and assigns. [Remainder of page intentionally left blank; Signature page follows] Page 2 of 4 Amendment Number One to Sublease No 4799-002 R 04/15 CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation _________________________ By: (SEAL) Witness Frank Hibbard, Mayor _________________________ Print/Type Witness Name _________________________ Witness _________________________ Print/Type Witness Name "SUBLESSOR" STATE OF FLORIDA COUNTY OF _____________ The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this______ day of ________________, 20___, by Frank Hibbard, as Mayor, City of Clearwater, Florida, a Florida municipal corporation, who is personally known to me or who has produced ___________________________ as identification. _________________________________ Notary Public, State of Florida _________________________________ Print/Type Notary Name Commission Number: Commission Expires: Page 3 of 4 Amendment Number One to Sublease No 4799-002 R 04/15 GREATER CLEARWATER CHAMBER OF COMMERCE, INC. _________________________ By: (SEAL) Witness Amanda Payne, President _________________________ Print/Type Witness Name _________________________ Witness _________________________ Print/Type Witness Name "SUBLESSEE" STATE OF FLORIDA COUNTY OF _____________ The foregoing instrument was acknowledged before me by means of [ ]physical presence or [ ]online notarization, this______ day of ________________, 20___, by Amanda Payne, as President, for and on behalf of Greater Clearwater Chamber of Commerce, Inc., who is personally known to me or who has produced ___________________________ as identification. _________________________________ Notary Public, State of Florida _________________________________ Print/Type Notary Name Commission Number: Commission Expires: R 12/16 Page 4 of 4 Amendment Number One to Sublease No 4799-002 Consented to by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida on the _____ day of ______________, 20____. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: APPROVED SUBJECT TO PROPER EXECUTION By: DEP Attorney Brad Richardson, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of EnvironmentalProtection, as agent for and on behalf of the Board of Trustees of the Internal ImprovementTrust Fund of the State of Florida 06-26-2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9443 Agenda Date: 8/19/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve a purchase order to TriCorps of Oklahoma City, OK for security services in an annual not-to-exceed amount of $172,000.00, including three, one-year renewal options, pursuant to Request for Proposal (RFP) 26-21, Security Services and authorize the appropriate officials to execute same. (consent) SUMMARY: RFP 26-21 was issued on March 17, 2021 for licensed security service companies to perform services for various departments and locations within the City of Clearwater, with trained, uniformed, unarmed security guards/officers on an as-needed basis. The City received six responsive proposals, which were evaluated by a committee comprised of staff from the General Services and Parks and Recreation departments. The proposals were evaluated on three key areas: responsiveness, responsibility, and technical capabilities. The committee chose TriCorps to provide these services. The amount requested includes a contingency (approximately 10%) in the event additional services are requested and to cover any applicable Consumer Price Index increases. APPROPRIATION CODE AND AMOUNT: Funds have been budgeted in Building and Maintenance contractual services cost code for the Municipal Services Building and Main Library which includes Work Sessions, Council Meetings, and designated advisory board meetings. Security services for special events will be charged to Parks & Recreation Special Events Programs which are funded by special events revenues. Security services for parking will be charged to Engineering’s Parking Fund which is funded by parking revenues. Page 1 City of Clearwater Printed on 8/17/2021 2 TABLE OF CONTENTS Executive Summary………………………………………………………………………………………………………………3 Bios……………………………………………………………………………………………………………………………………….4 Copy of TriCorps’ Proposal to Clearwater……………………………………………………………………………….6 Questions / Clarifications for Presentations………………………………………………………………………..43 3 EXECUTIVE SUMMARY Thank you for selecting TriCorps Security as one of your two remaining finalist for security firms to protect assets in Clearwater, Florida! We were excited to see the results of your evaluation committee which placed TriCorps Security as the top ranked firm. We realize the work is not done but only beginning. We are confident our presentation will confirm that your evaluation was correct! To make sure that our presentation is comprehensive but yet convenient, we have included our original proposal that you will find on pages 6 through 42. Our direct responses to your questions for the presentation begin on page 43. Thank you for allowing TriCorps Security to meet with you and discuss our security partnership. David Ross President and CEO, TriCorps 844.TRICORPS (office) | 405-850-2951 (cell) davidross@tricorps.com 4 BIOS Dennis Harris, Florida State Director 844.TRICORPS | 239.370.0202 (cell) | dennisharris@tricorps.com Based in Naples, Florida, Dennis Harris has over 32 years of experience in law enforcement. He has a master's degree in Criminal Justice from Boston University. He began his law enforcement career in the United States Army as a Military Police Officer assigned to the 793rd Military Police Battalion in Nuremberg, Germany. This three-year period led him to a 29-year career with the Boston Police Department. For 21 of the 29 years, he was a homicide detective who investigated approximately 200 homicides. He has acquired extensive investigative experience, which included conducting thousands of interviews. He was also an Interview and Interrogations Instructor at the Boston Police Academy. Since retiring, he has obtained his private investigator's license, security license, and agency manager's license. Dennis will serve as the point of contact for the City of Clearwater. Sarah Burrows, Chief Marketing Officer 844.TRICORPS | 405.503.3455 (cell) | sarahburrows@tricorps.com Sarah serves as Chief Marketing Officer for TriCorps. Sarah is responsible for the communication and branding strategy efforts of the company. Sarah has also developed TriCorps' customer service training program; she has implemented it throughout TriCorps and measures its progress through assessments tailored to the client's needs. Sarah joined TriCorps in 2008. In this time, she has managed many administrative tasks for the company to include employee onboarding coordinator, accounts payable administrator, and payroll manager. Sarah earned her bachelor’s degree in Strategic Communications and has received certification from The Disney Institute in their Approach to Quality Service training. Jack Rosenberg, Chief Operations Officer 844.TRICORPS | 918.261.6471 (cell) | jackrosenberg@tricorps.com Jack serves as TriCorps' Chief Operations Officer and is responsible for day-to-day leadership and management that mirrors the company's mission and core values. He directs the staff in identifying, developing, implementing, and maintaining sound security processes and efficient responses to incidents. Jack oversees and implements site security, operations, and activities to ensure the protection of executives, managers, employees, physical and information assets for our clients while ensuring optimal use of personnel and equipment. He started his career in law enforcement as a Trooper with the State Police in 1982. While with the Patrol, he advanced through the ranks holding positions of Supervisor, Troop 5 Commander, Zone Commander, Turnpike Liaison, and Deputy Chief where he managed around 800 uniformed and non-uniformed personnel including Troopers in the eastern half of the state, Law Enforcement Technology, Special Operations, and Fleet. As Deputy Chief, Jack was responsible for high-level command decisions and the department's direction and leadership. Jack retired from the patrol with 25 years of service and worked for a year as Administrator for the Department of Public Safety before going to a large energy company, where his role evolved from investigations and executive protection to ethics compliance/training. He managed the company's vendor background screening process, Office of Foreign Asset Controls, business continuity, drug and alcohol programs, and the fleet department. Jack worked with Compliance Counsel to review and draft policies and completely rewrote its business code of conduct and supplier code of conduct. David Ross, President & Chief Executive Officer 844.TRICORPS | 405.850.2951 (cell) | davidross@tricorps.com Since May of 2000, David Ross has grown TriCorps into a nationally recognized corporation, headquartered in Oklahoma City, while building other companies in different industries. David graduated high school and enlisted in the United States Army. After the military, he returned home and earned a bachelor's degree in Criminal Justice. He then joined the Oklahoma Highway Patrol as a State Trooper, rising to the rank of Major. During his career with the Highway Patrol, David commanded the Governor's Security Detail, protecting several governors and first families. He also commanded the Investigations Division and the State's Tactical Team. David retired from the patrol in January 2012 to focus on his family and their businesses. 6 COVER PAGE 7 TABLE OF CONTENTS TAB 1 - LETTER OF TRANSMITTAL ........................................................................................... 8 TAB 2 – DEMONSTRATED EXPERIENCE OF THE FIRM .............................................................. 10 a. Organization and Management ................................................................................................... 10 b. Firm’s Business Experience and History ....................................................................................... 11 TAB 3 – QUALIFICATIONS AND AVAILABILITY OF SECURITY STAFF AND ABILITY TO MEET SCHEDULING REQUIREMENTS ................................................................................................ 18 a. Primary management staff experience, including Director(s), Manager(s), Supervisor(s), including resumes, job descriptions, and work schedules ................................................................ 18 b. Provide job description(s) for other key positions (i.e., guard/officer) ..................................... 21 c. Overview the availability of qualified staff and equipment necessary to perform the contract requirements set forth herein ......................................................................................................... 22 d. Overview the firm’s hiring and training programs .................................................................... 24 TAB 4 – REFERENCES .............................................................................................................. 39 TAB 5 – SERVICES PRICING ..................................................................................................... 41 Invoicing Processes ......................................................................................................................... 41 Invoice Sample ............................................................................................................................... 42 QUESTIONS / CLARIFICATIONS FOR PRESENTATIONS ............................................................. 43 8 TAB 1 - LETTER OF TRANSMITTAL On behalf of the TriCorps executive team and Florida employees, I declare our company and employees fully understand the scope of work as articulated in the RFP for Security Services (#26-21) issued by the Clearwater Procurement Division. I further state a positive commitment to fulfill the contract requirements expressed in the subject RFP #26-21. Names of key persons, representatives, and project manager who will be the primary contacts for the duration of the contract: • Dennis Harris, Florida State Director/Project Manager dennisharris@tricorps.com | 239.370.0202 • Todd Lamb, Chief Legal Officer toddlamb@tricorps.com | 844.TRICORPS (24-hour on-call number) • Garrett Kilborn, Chief Financial Officer garrettkilborn@tricorps.com | 844.TRICORPS (24-hour on-call number) Thank you for allowing TriCorps Government Security (TriCorps) the opportunity to provide our response to your RFP for security services for various departments and locations within the City of Clearwater. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region, with an estimated population of nearly 118,017 residents. The City of Clearwater is a major tourist destination. Clearwater Beach was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. Citizens, visitors, and tourists should be able to have a Clearwater experience without a thought or concern of safety or security. TriCorps is best equipped to provide that peace of mind. For over twenty years, TriCorps has excelled at physical security, and we have been owned and operated by the same leadership team. TriCorps is not a new start-up, nor does it share the unfortunate trend of security firms of frequent name changes due to mergers and acquisitions. Expressed in greater detail in the body of this proposal, TriCorps has the capacity to meet large-scale needs and goals, with our unique advantage to tailor medium, smaller and special event requests. In two decades of providing corporate, campus, static, and roving security, our commitment has proven no job is too small and no job is too large. TriCorps is the company best positioned to deliver security services to the City of Clearwater and provide a safe and secure environment. Four strategic and vital reasons that TriCorps will be a tremendous security vendor for the City of Clearwater: 1. Florida Operations. TriCorps is a national firm with a client base stretching from San Francisco to the East Coast. However, one of the most significant footprints of our corporate operation is in Florida. From the state office in 9 Naples, TriCorps operates throughout Florida, with operations from Panama City to Ft. Myers. Our Florida office has additional resources that will benefit the City (supervisor personnel, administrative support, vehicles, and uniforms). 2. Government Experience. TriCorps is not only adept but excels at securing staff, visitors, and government assets. As you will read in our past performance and similar work, TriCorps provides security to the British Embassy (Washington, D.C.), Panama City Hall (FL), and El Paso Courts (TX). International, municipal, and county governments trust TriCorps. The City of Clearwater cannot find a better-experienced security firm that specializes in government contracts. 3. Customer Service & Quality Control: The public service nature of the City of Clearwater makes customer service crucial. It is important to contract with a security firm that knows how to balance a security presence with customer service skills. In the body of this proposal is our detailed approach to customer service. TriCorps has achieved the highest rankings of customer satisfaction from numerous local governments. TriCorps’ officers are well known in the industry to be interactive, interpersonal workers that are proactive at safety awareness, gifted at verbal de-escalation. Those qualities are fundamental to our company and essential on a college campus. Quality Control is the bedrock of TriCorps' institutional structure. TriCorps is committed to participating in quarterly meetings with City personnel to discuss any issues or changes in procedure, security systems, and equipment. This is not only a commitment but our traditional approach with existing clients. See page 12 (refer to quote from a judge in past performance) 4. Qualifications & Availability of Staff: The City will find TriCorps’ personal and company experience unmatched. The TriCorps team has worn the uniform or carried the badge of the U.S. Secret Service, state police, police departments, and Department of Public Safety. As explained in the body of this proposal, TriCorps has a large employee pool from which to draw excellent staff for the City of Clearwater. The following proposal is as detailed, comprehensive, and thorough as any security proposal should be. From countless government clients, Fortune 500 companies to high target buildings, TriCorps has been asked to protect what others cannot. Like the City, TriCorps exists for a significant purpose - to serve others. Thank you for this opportunity. It is our hope we can make you another thankful TriCorps client. Sincerely, Todd Lamb Chief Legal Officer, TriCorps| 844.TRICORPS office | 405.740.1365 cell 10 TAB 2 – DEMONSTRATED EXPERIENCE OF THE FIRM a. Organization and Management i. Corporate and local organization charts showing responsibilities by position Organizational Chart David Ross President & Chief Executive Officer Todd Lamb Chief Development Officer Jack Rosenberg Chief Operations Officer Dennis Harris Florida State Director Penny Harris Administrative Coordinator Corporate Office Florida Office/Responsibilities Garrett Kilborn Chief Financial Officer Administrative Support Florida Employees Administrative Support 11 ii. Location of office(s); identify primary servicing location for this contract Dennis Harris, Florida State Office 4290 San Pablo Court Naples, Florida 34109 b. Firm’s Business Experience and History i. Provide description of the firm, including brief history, and length of time providing security services Who We Are: TriCorps is an integrated security and technology firm specializing in providing cost-effective, world-class services tailored to meet our clients' needs. Founded in 2000, TriCorps provides physical security, electronic security, and cybersecurity services throughout the country. We have several branch locations throughout all regions we operate. TriCorps is exceptionally unique in the services our company can offer. TriCorps has unparalleled experts in physical security that the City of Clearwater RFP calls for. However, if additional needs arise, we want the city to know all of our capabilities. The Integrated Security Model is explained and can be implemented upon mutual agreement. TriCorps operates in each region shown in blue. 12 Integrated Security Model TriCorps incorporates a unique integrated security model to ensure our clients' safety as threats evolve and technology advances. Integrated security is the only comprehensive security. Physical, electronic, and cybersecurity must work together and evolve faster than threats. An active shooter, a cyber-attack, or theft of your property or data could be catastrophic for your organization. TriCorps is the only integrated security firm with the experience and technology to protect your organization from these dynamic threats. What We Do: Physical Security Since 2000, TriCorps has provided physical security tailored to ensuring the protection of our clients and their assets. TriCorps' physical security experience includes deploying officers onto various government and corporate sites, schools, and campuses, protecting executives, dignitaries and, VIPs, and use of roving patrols. TriCorps' officers are the backbone of our company. •Background Screening •Covert Surveillance •Active Shooter Training •Handheld Metal Detectors (wands) Physical Security Services: •Security and Site Assessments •Workplace Violence Education •K9 Services o Narcotic Detection o Explosive Detection •Security Officers (Armed, Unarmed, Commissioned) •Roving Security Patrols •VIP and Executive Protection •Investigations 13 Roving Security TriCorps' roving patrol program provides a visible security presence that has effectively demonstrated the ability to reduce theft, vandalism, and other related incidents. Officers driving vehicles perform area patrols, conduct safety checks, establish speed checkpoints with radar monitoring, assist with periodic traffic control, and respond to critical needs as they occur. A Diverse Security Force TriCorps values diversity and inclusivity and is proud that our security force is fifty percent minority. In addition, approximately one-third of our employees are women, many of whom hold executive positions and are some of the company's longest-tenured employees. Electronic Security TriCorps has developed a robust electronic security program to help mitigate criminal activity. This service provides turn-key commercial and residential security solutions to meet the client's needs, including high-definition cameras, access control systems, intrusion detection systems, and GPS trackers. All services are monitored in TriCorps' state-of-the-art Global Security Operations Center. This hardened facility is staffed 24/7/365 by trained, professional operators and technical specialists. TriCorps' Global Security Operations Center is equipped with advanced equipment and technology. Electronic Security Services: •24/7 Global Security Operations Center •Facial Recognition •Geo-Fence Monitoring •Counterintelligence Services •Intrusion Detection Systems •Intrusion Film •Vehicle & Fleet Tracking •High-Definition Cameras •Advanced Video Analytics •Security Management Systems •Access Control Systems •Intrusion Detection Systems •Laser Scan Detectors •Solar-based Camera and Access Control Solutions •Visitor Management Solutions •Remote Gate Access Security Systems Integration: 14 Cybersecurity TriCorps blends our law enforcement and technology experts' talents to provide cybersecurity solutions unmatched in the industry to help organizations defend themselves from a growing number of cyber threats. •Internal & External Assessments •Managed Detection & Response •Employee Cybersecurity Training •TriWatch® Intelligence Monitoring Services •Digital Forensics •Information Security Officer Hiring & Coaching •Incident Management •Cybersecurity Risk Analysis Cybersecurity Services: 15 ii. Highlight comparable contracts to the requirements set forth herein British Embassy Washington, DC Washington, DC TriCorps provides security to one of the largest and highest-profile embassies in Washington, D.C. The British Embassy awarded the security contract to TriCorps after a nationally competitive RFP in 2019. TriCorps received the award, “because of all security companies that responded, TriCorps was the only company that understood the scope of services and had the requisite government experience to serve The Crown.” The British Embassy employs 210 diplomats and approximately 250 additional staff members. TriCorps provides security services for the embassy to include badge checks at entry gates, guardhouses, foot patrols, and other services as needed. The officers assigned to the British Embassy are provided specialized instruction to include orientation, general scope of services training, post-specific training, and customer service training. Panama City Beach City Hall Panama City, Florida Municipal and County governments are public service entities that require courteous, patient, and respectful security officers to interface with their constituents. TriCorps and Panama City have enjoyed a strong professional relationship due to the city hall’s structure and TriCorps meeting those high expectations. Barefoot Beach Bonita Springs, Florida Similar to the Panama City area, Barefoot (Bonita Springs, Florida) is a highly sought-after place to live and visit. Barefoot Beach is home to nearly 14,000 residents. TriCorps provides security officers for their entry and exit gates and foot and roving patrols on golf carts. TriCorps also places a high priority on providing residents with courteous, patient, and respectful world-class customer service. 16 Chabad Jewish Center of Naples Naples, Florida TriCorps provides armed security for this location that includes a Jewish synagogue and pre-school. The assigned officers conduct foot patrols with constant surveillance and controls access to the building, permitting only those allowed on the premises. Anchor Associates Naples, Florida TriCorps provides unarmed security officers for Anchor Associates' clients, including the Briarwood Community and Leawood Lakes Community. This includes guarded gate services and roving patrols throughout the premises seven nights a week. Additionally, TriCorps assists with investigations of suspicious vehicles on an as-needed basis. Museum of the Bible Washington, DC TriCorps provides armed and unarmed security services for the Museum of the Bible. The Museum of the Bible is approximately 430,000 square feet with eight floors, making it the second-largest museum in Washington, D.C. The museum has over 3,000 biblical texts and artifacts on display. TriCorps has provided a world-class security force as well as supplementary executive protection for the museum's prestigious visitors since its opening in 2017. TriCorps also provides staffing for their Global Security Operations Center (CCTV monitoring), electronic security measures for worldwide and traveling exhibits, and executive protection for visiting dignitaries, founders, and board members. “TriCorps has exceeded our expectations and continually adapts to the changes our mutual clients require. TriCorps has always provided quality representatives who are properly and constantly trained and professional in appearance. They have always responded promptly and appropriately.” President, Anchor Associates 17 City of El Paso Multiple sites across El Paso, Texas The City of El Paso is home to 680,000 citizens and spans over 250 square miles. Since 2019, TriCorps has provided security to El Paso’s municipal court and other government buildings, the city’s Zoo, and Waterparks. TriCorps officers are entrusted with screening patrons into government buildings, protecting judges and city officials, and other government assets. TriCorps’ background and experience in law enforcement provide unique expertise to meet the City of El Paso's needs. iii. Provide a summary of all lawsuits filed against company in the last five (5) years In the last five (5) years, no lawsuits have been filed against this company. “Judge Salas came into report that he had a defendant in court giving him attitude and a hard time but that two security officers serving as bailiffs did a great job immediately reacting to the situation and securing the defendant. Judge Salas wanted to commend everyone on what a great job they did.” Olivia Santiesteban, El Paso Municipal Court Supervisor 18 TAB 3 – QUALIFICATIONS AND AVAILABILITY OF SECURITY STAFF AND ABILITY TO MEET SCHEDULING REQUIREMENTS a. Primary management staff experience, including Director(s), Manager(s), Supervisor(s), including resumes, job descriptions, and work schedules Executive officers and supervisors of TriCorps have been members of the U.S. Secret service, state and local police, and campus security. TriCorps leadership and supervisors’ careers include protecting U.S. presidents, governors, state capitols, and foreign embassies. We have over 100 years of cumulative experience protecting critical infrastructure and high-value targets to our government's enemies, both foreign and domestic. Many of our leadership and employees served in the aftermath of the Oklahoma City bombing and the attack on our country on September 11, 2001. Dennis Harris, Florida State Director 844.TRICORPS | 239.370.0202 (cell) | dennisharris@tricorps.com Based in Naples, Florida, Dennis Harris has over 32 years of experience in law enforcement. He has a master's degree in Criminal Justice from Boston University. He began his law enforcement career in the United States Army as a Military Police Officer assigned to the 793rd Military Police Battalion in Nuremberg, Germany. This three-year period led him to a 29-year career with the Boston Police Department. For 21 of the 29 years, he was a homicide detective who investigated approximately 200 homicides. He has acquired extensive investigative experience, which included conducting thousands of interviews. He was also an Interview and Interrogations Instructor at the Boston Police Academy. Since retiring, he has obtained his private investigator's license, security license, and agency manager's license. Dennis will serve as the point of contact for the City of Clearwater. 19 Jack Rosenberg, Chief Operations Officer 844.TRICORPS | 918.261.6471 (cell) | jackrosenberg@tricorps.com Jack serves as TriCorps' Chief Operations Officer and is responsible for day-to-day leadership and management that mirrors the company's mission and core values. He directs the staff in identifying, developing, implementing, and maintaining sound security processes and efficient responses to incidents. Jack oversees and implements site security, operations, and activities to ensure the protection of executives, managers, employees, physical and information assets for our clients while ensuring optimal use of personnel and equipment. He started his career in law enforcement as a Trooper with the State Police in 1982. While with the Patrol, he advanced through the ranks holding positions of Supervisor, Troop Commander, Zone Commander, Turnpike Liaison, and Deputy Chief where he managed around 800 uniformed and non-uniformed personnel including Troopers in the eastern half of the state, Law Enforcement Technology, Special Operations, and Fleet. As Deputy Chief, Jack was responsible for high-level command decisions and the department's direction and leadership. Jack retired from the patrol with 25 years of service and worked for a year as Administrator for the Department of Public Safety before going to a large energy company, where his role evolved from investigations and executive protection to ethics compliance/training. He managed the company's vendor background screening process, Office of Foreign Asset Controls, business continuity, drug and alcohol programs, and the fleet department. Jack worked with Compliance Counsel to review and draft policies and completely rewrote its business code of conduct and supplier code of conduct. Todd Lamb, Chief Development and Legal Officer 844.TRICORPS | 405.740.1365 (cell) | toddlamb@tricorps.com From early in his career as a special agent with the U.S. Secret Service to a later position as Lieutenant Governor with a protective detail, Todd Lamb has been involved in all aspects of personal, site, transportation, and cybersecurity. During his U.S. Secret Service tenure, Todd investigated and made numerous arrests in counterfeiting, bank fraud, threats against the President, computer crimes, and identity theft. His duties included domestic and international protection assignments during the Clinton and George W. Bush administrations. During the 2000 presidential campaign, Todd worked as a site supervisor for countless presidential campaign events across the country. In early 2001, he was appointed to the National Joint Terrorism Task Force (JTTF), and after the terrorists' attacks, he was assigned to portions of the 9-11 investigation. He received training and briefings from the U.S. Secret Service, FBI, and FBI headquarters in Langley, VA. 20 Before joining the TriCorps executive team, Todd served eight years as Lieutenant Governor in his home state. During his tenure as the state's second in command, he led a statewide effort for better campus security of schools. He received numerous awards from the public and private sectors for his commitment to service, excellence, and innovation. When Todd departed public service, he was the only Lieutenant Governor in the country to be elected by his peers to lead the bi-partisan National Lt. Governors Association and his respective party's professional association. David Ross, President & Chief Executive Officer 844.TRICORPS | 405.850.2951 (cell) | davidross@tricorps.com Since May of 2000, David Ross has grown TriCorps into a nationally recognized corporation, headquartered in Oklahoma City, while building other companies in different industries. David graduated high school and enlisted in the United States Army. After the military, he returned home and earned a bachelor's degree in Criminal Justice. He then joined the Oklahoma Highway Patrol as a State Trooper, rising to the rank of Major. During his career with the Highway Patrol, David commanded the Governor's Security Detail, protecting several governors and first families. He also commanded the Investigations Division and the State's Tactical Team. David retired from the patrol in January 2012 to focus on his family and their businesses. 21 b. Provide job description(s) for other key positions (i.e., guard/officer) Clearwater Municipal Services Building (MSB) • A security guard/officer shall be stationed at the MSB lobby reception desk Monday through Friday, 8:00 a.m. until 5:00 p.m. (EST), excluding City recognized holidays. • The security guard/officer assigned to the MSB shall be trained and experienced in building security, customer service, and handling difficult people as well as escalated situations. • Due to Covid 19, visitors and delivery personnel are not permitted to enter our building past the security checkpoint. Once COVID-19 restrictions are lifted, the security guard/officer shall monitor entry and egress access to ensure all visitors are checked in and issued a visitor badge. All persons entering the building will be required to sign in and out and indicate the department and employee(s) they will be visiting. Delivery persons will be allowed entry for department access. • The security guard/officer shall assist City staff with disruptive and/or unruly visitors. This includes asking individual(s) to leave the premises and/or coordinating with the City of Clearwater’s Police Department to escort the individual(s) off the premises. • The security guard/officer shall report any unusual activity to Parks Administrative Services Manager, and depending on severity of situation, the City of Clearwater Police Department. • The security guard/officer shall assist City staff in the event of an emergency, including assistance during a building evacuation. • The security guard/officer stationed at this site will submit a daily incident/operating report, which shall include the roster of all visitors that entered/exited the building and any events of suspicious nature that required supplemental attention, including all parties involved (i.e., police, department staff, etc.). • If awarded the contract, TriCorps will require all employees performing under this contract to personally sign and be responsible for each electronic access card to gain entry to the MSB. Access cards are to be used only by the individual who has been assigned the card and approved by the City of Clearwater. When an individual is no longer employed by TriCorps, the card will be reassigned using the City of Clearwater’s employee exit procedures. If a card is lost, the Parks Administrative Services Manager will be notified immediately. The above job descriptions and duties are common for TriCorps personnel. These descriptions will be the foundation for training, expectations, and quality control. 22 City of Clearwater Special Events If awarded the contract before any event, TriCorps will work with the City of Clearwater’s event staff to develop an action plan for an upcoming event. The action plan will include identifying the number and type of security staff needed (i.e., parking lot staff, security guards/officers, event pit personnel, etc.), utilize event metrics to assign supervisors, roamers, and other required staffing. Review City prepared event map with security placement locations and finalize the plan with site visit several days before the event. c. Overview the availability of qualified staff and equipment necessary to perform the contract requirements set forth herein Dennis Harris Florida State Director | dennisharris@tricorps.com 239.370.0202 (cell) | 844.TRICORPS Dennis Harris has over 32 years of experience in law enforcement. He has a master's degree in Criminal Justice from Boston University. He began his law enforcement career in the United States Army as a Military Police Officer assigned to the 793rd Military Police Battalion in Nuremberg, Germany. This three-year period led him to a 29-year career with the Boston Police Department. For 21 of the 29 years, he was a homicide detective who investigated approximately 200 homicides. He has acquired extensive investigative experience, which included conducting thousands of interviews. He was also an Interview and Interrogations Instructor at the Boston Police Academy. Since retiring, he has obtained his private investigator's license, security license, and agency manager's license. Dennis serves as TriCorps’ Florida State Director. TriCorps' Florida State Director will be available at all times via cell phone (voice, text, email capable) to control and manage the overall administration of this contract. The project manager will have complete authority to act on TriCorps' behalf and will have the authority to accept notices of deductions, inspection reports and discuss and entertain invoice and billing questions. TriCorps' Florida State Director will be responsible for the officer force, the coordination and completion of all contract administration and work requirements, and other duties required by Clearwater. 23 TriCorps has ample staff currently available to perform all contract requirements. Due to the large amount of work TriCorps performs in Florida (from Panama City to Naples), staffing for the City of Clearwater will not be any issues. Additional Resources Available Locally TriCorps' Florida operation is headquartered in Naples, FL. Upon receiving the award, Clearwater would be benefitted from all TriCorps local assets as requested in the RFP. Resources from the Florida TriCorps office, including but not limited to: TriCorps Vehicles Administrative Staff • Scheduler • Payroll Coordinator • Administrative Assistant Surplus Equipment • Uniforms • Flashlights • Radios • Weather Gear Employee Roster • TriCorps has surplus personnel throughout Florida that will benefit the initial transition and supplement the overall Clearwater special events. 24 d. Overview the firm’s hiring and training programs i. Recruitment methods and procedures The backbone of TriCorps' service model is two-fold: • Hire quality people • Lower our overhead and profit margin to keep costs competitive Our hiring model starts with recruiting, screening, testing, quality individuals. With support from our corporate office and senior management, local management will be involved in the recruitment and selection process. Recruiting Recruit Your Partner Program TriCorps’ best employees come from employee referrals. This makes recruitment easier and helps us assure high-quality applicants. With TriCorps recruit your partner program, a referring employee is eligible to receive a bonus. Unique Recruiting While TriCorps utilizes standard recruiting tools, our preferred method is to ask our law enforcement, military, government, and private sector contacts to refer quality candidates. TriCorps is viewed as a world-class security firm, and over the years, we have employed many people referred by these contacts. Local Recruiting Traditional recruiting through newspapers, universities, and job fairs will also be utilized. We actively seek veterans and college students pursuing criminal justice degrees or careers in law enforcement and have found these candidates are often excellent employees. Digital Recruiting We reach a broad audience of potential candidates through online recruiting with Indeed.com, ZipRecruiter.com, and social media sites such as LinkedIn and Facebook. Digital posting of job openings can reach many likely candidates who may not otherwise be exposed to the security profession's opportunities. 25 ii. Hiring practices including background screening, performance evaluations, disciplinary policies, and termination procedures Pre-Employment Screening & Minimum Requirements All potential candidates are required to undergo a comprehensive pre-employment screening that consists of the following: Background Checks TriCorps is committed to our clients and our staff's safety. One of the key ways we can help ensure a safe environment is by conducting background checks and assessing potential employees before they start working with the client. Before hiring, a criminal records check, sex offender registration records check, military dishonorable discharge check, and drug screening will be conducted. A copy of the background check will be provided to City of Clearwater representatives before any security personnel will be allowed to work under the City of Clearwater. Drug Screening With guidance and requirements stipulated in client-specific RFPs and contracts, TriCorps requires new-hire candidates to undergo a drug screening. All testing will be conducted by a licensed independent medical laboratory, which will follow standards established by the state and federal government. We also randomly test employees for compliance with our drug-free workplace policy. If a new-hire or current employee fails a drug test, the employee is subject to immediate discharge. • Review application to determine suitability and to look for disqualifying information. • Conduct an interview of the applicant. • Verify U.S. Citizenship or an authorization to work. • Conduct a criminal record check in each area where the person has resided in the past 10 years. • Verify all required licenses the applicant has listed. • Require drug testing at a certified facility. • Qualify the person for any specific contractual requirements. • Conduct an in-person interview. • If requested, assist in scheduling an interview with the client. 26 Employee Review and Evaluation Practices TriCorps' employee review system constantly monitors and assesses performance and focuses on giving constructive and positive feedback. TriCorps has checklists and procedures for our management procedures but can meet with the customer to customize the reporting to their specifications. Once an employee is hired, performance reviews are conducted during the probationary period. During our probationary period, employees are reviewed at the 90-day point and once again at the end of six months. If the employee does not meet the standards set by TriCorps and the City of Clearwater, they will not be offered continued employment. During the probationary period, employees are monitored closely for alignment with customer's values, appearance, attention to detail, and ability to meet and exceed job expectations. Internal Investigations – Office of Professional Conduct Process in Responding to Complaints In investigating internal complaints, TriCorps has a wealth of knowledge and experience. We are one of the only security firms with our own internal Office of Professional Conduct. The commander of that office has full authority and responsibility to investigate all complaints, internal or external, anonymous or identified. They have the ability and experience to conduct interviews, evaluate evidence such as video recordings, including polygraph examinations. The commander and members of this office have years of experience with Internal Affairs Units in Federal and State law enforcement agencies. TriCorps takes an intentional and proactive approach in responding to complaints. We operate a 24-hour, 7-day-a-week Global Security Operations Center with a hotline available for anyone who needs to speak about a concern or a complaint involving any of our 27 employees. The hotline number will be posted at all key locations, and our employees and our clients will understand its purpose. All callers will have their phone call answered by an actual operator and not an automated system. Those operators will take a brief synopsis of the nature of the complaint and forward it to the appropriate supervisor. TriCorps three objectives when investigating any complaint: 1. Treat the complainant with respect and sensitivity. 2. Examine the facts and determine the truth. 3. Seek to improve training, communication, and ultimately performance through an honest assessment of complaints. Disciplinary Procedures TriCorps utilizes the progressive disciplinary system - the most commonly used system in law enforcement, and we have found it to be the most effective for security officers. It provides a clear understanding of expectations and also a clear understanding of failures to meet those expectations. It reduces misunderstanding and perceptions of unfair treatment. Our steps in the progressive disciplinary system are outlined below as well as in the TriCorps Employee Handbook. Remedial Procedures Policy and purpose – it is the policy of TriCorps that officers be given sufficient opportunity to improve their job performance. TriCorps believes officers wish to do a good job and do so when they know what is required. It is the responsibility of the employee's supervisor to communicate expectations and performance requirements to the officer. However, nothing in this policy obligates TriCorps to any specific course of action when dealing with Officer misconduct or performance issues. Procedure When remedial procedures become necessary, they will typically be progressive in nature. However, any step or steps in the procedure described below may be skipped at the discretion of TriCorps after analysis of the entire situation, including past practice, mitigating circumstances, ability and willingness of the officer to change behavior, and seriousness of the violation. The possible alternatives for remedial procedures are as follows: Verbal Warning The inappropriate behavior is addressed in as much detail as possible, with possible corrections and potential consequences discussed. Reducing the contents of the verbal warning to writing does not change the character of the warning. 28 Written Reprimand Upon repetition of the behavior, a formal written reprimand may be prepared to inform the officer of the nature of the misconduct, referencing earlier warnings and setting out the necessary steps to return to compliance with this policy. This may include remedial training, probation, disciplinary suspension, temporary or permanent reassignment, or any other action designed to encourage compliance by the officer. Termination – Upon repetition of the behavior, the officer is subject to termination. At the discretion of the department, termination may be the first and only remedial step taken. When an officer is terminated as a result of a disciplinary process, they will be terminated for cause. Suspension Investigative suspension – An investigative suspension is a period during which the officer is relieved of duty due to alleged serious misconduct. Administrative leave pending an investigation of the use of force is not considered an investigative suspension. If after the investigation: • Discharge is warranted; the officer may not be paid for the period of investigative suspension. • Misconduct is determined but not of a sufficiently serious nature to warrant termination, and the officer shall receive the appropriate disciplinary action. • If no misconduct is determined, the officer shall be returned to full duty status. Disciplinary Suspension A disciplinary suspension is a period that may be given as a punishment for a violation or pattern of violations that do not rise to the level of warranting termination. The officer will not be paid for time off due to disciplinary suspension. The disciplinary suspension will not be used as a form of discipline for officers displaying attendance problems. TriCorps' Disciplinary Matrix TriCorps' success hinges upon the success of our employees and the integrity with which they perform their job duties. TriCorps' integrity as an organization is a summation of the individual integrity of each employee. Each employee will be held to a high standard of conduct both in and outside the workplace. TriCorps' responsibility is to ensure a workplace environment free from harassment, discrimination, and distraction. Any conduct by employees, either on or off duty, that affects their ability to perform their duties or creates an unwelcome or uncomfortable situation for partners, affiliates, subsidiaries, and/or vendors of TriCorps and/or the City of Clearwater will be addressed immediately. TriCorps will not allow for the poor conduct of a small group of employees to create a workplace environment that is less than excellent for the entire team. Any unethical conduct that does not align with the expectations outlined in 29 this memorandum will result in disciplinary action up to and including termination. TriCorps expects employees to conduct their personal activities in a manner that does not reflect poorly on the reputation of TriCorps and/or the City of Clearwater. • Employees should conduct themselves in such a manner as to maintain and enhance the integrity and professional reputation of both TriCorps and the City of Clearwater. • Employees should not use their position to secure unwarranted privileges, awards, or exemptions for themselves or others. • Employees should avoid real or perceived conflicts of interest between the employee's private interest and the employee's official duties. The matrix below may be altered upon mutual agreement between the City of Clearwater and TriCorps. Offense / Job Deficiency First Offense Second Offense Third Offense Fourth Offense Failure to be properly groomed. (See appropriate SOP's and contract requirements) Verbal counseling with MFR in personnel file Written reprimand Two (2) days suspension to DISMISSAL DISMISSAL Smoking in prohibited areas while on duty Verbal counseling with MFR in personnel file Written reprimand Three (3) days suspension to DISMISSAL DISMISSAL Improper conduct Verbal counseling with MFR in personnel file Written reprimand Two (2) days suspension to DISMISSAL DISMISSAL Failure to wear the proper uniform, wearing a dirty or untidy uniform, and/or failure to wear required equipment while performing duties Verbal counseling and sent home to correct malfunctions. If not returned, a written reprimand will be followed up with one (1) day suspension Written reprimand Two - Three (2-3) days suspension DISMISSAL Reading unauthorized material and/or unauthorized use of electronic devices while on duty Written reprimand Two (2) days suspension DISMISSAL Failure to take proper action to ensure the safety of client or company personnel and/or property Written reprimand with two - three (2- 3) days suspension Five (5) days suspension to DISMISSAL DISMISSAL Failure to properly submit any required report within two (2) workdays Written reprimand Two (2) days suspension DISMISSAL Non-willful failure to carry out assigned task Written reprimand Two (2) days suspension DISMISSAL 30 Losing property or equipment in your charge Written reprimand and reimbursement One (1) day suspension and reimbursement DISMISSAL Offense / Job Deficiency First Offense Second Offense Third Offense Fourth Offense Tardiness or failure to observe assigned work hours Written reprimand Two - Three (2-3) days suspension Five (5) days suspension DISMISSAL Participating in games of chance, lotteries, sports pools, or gambling while on duty Written reprimand to five (5) days suspension Five (5) days suspension to DISMISSAL DISMISSAL Two or more unexcused Call-offs from scheduled duty within a two (2) week period Written reprimand to Five (5) days suspension Five (5) days suspension to DISMISSAL DISMISSAL Unauthorized use of equipment (Client or Company property) Written reprimand to five (5) days suspension and reimbursement Five (5) days suspension to DISMISSAL and reimbursement DISMISSAL and reimbursement Violation of security procedures or regulations Written reprimand to DISMISSAL Five (5) days suspension to DISMISSAL DISMISSAL Being inattentive to duty but not asleep Two (2) days suspension Five (5) days suspension DISMISSAL Failure to complete contractually and company required forms Written reprimand Two (2) days suspension DISMISSAL Permitting or engaging in destruction or damage to customer or company property or equipment through carelessness or inattention to duty Five (5) days suspension and reimbursement to DISMISSAL and reimbursement DISMISSAL and reimbursement Willful insubordination Five (5) days suspension to DISMISSAL DISMISSAL Leaving assigned post without Supervisor's authorization Five (5) days suspension to DISMISSAL DISMISSAL Disorderly conduct, use of abusive or offensive language, quarreling, intimidation, or disruptive actions that interfere with security operations Five (5) days suspension to DISMISSAL DISMISSAL Deliberately allowing unauthorized person(s) on post or client property DISMISSAL Fighting on the job (Aggressor{s}) DISMISSAL 31 Giving verbal or written reports of any activity or incident to an unauthorized person(s) without company approval DISMISSAL Offense / Job Deficiency First Offense Second Offense Third Offense Fourth Offense Aiding a competitor without obtaining Company approval by providing Proprietary information and/or confidential data without obtaining company approval DISMISSAL Failure to report in writing offers, bribes, or gratuities DISMISSAL Proven theft, dishonesty, fraud, or bribery DISMISSAL Possession of alcoholic beverages or illegal drugs, either on the person, in a company or customer vehicle, or on any company or client property DISMISSAL Under the influence or reporting to work in an impaired state (this applies to alcohol, drugs, and/or narcotics) DISMISSAL Horseplay or any other activity with potentially serious consequences such as personal injury or property damage DISMISSAL Sleeping on duty DISMISSAL Harassment (including sexual or racial) of fellow employees, client employees, or members of the public DISMISSAL Unexcused No Call, No Show absence(s) DISMISSAL Wearing or bearing a firearm, baton (nightstick), or other weapon or equipment not specifically issued and/or required by the company DISMISSAL Offense / Job Deficiency First Offense Second Offense Third Offense Fourth Offense 32 Refusing to assist or cooperate in administrative investigations or inquiries DISMISSAL Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents, records, or concealment of material facts by willful omissions from official documents, records, or statements (written or verbal) DISMISSAL Falsification or fraudulent alteration of any company document or record DISMISSAL Unethical or improper use of official authority or credentials DISMISSAL Conviction or pleading guilty to any felony DISMISSAL Arrest for felony violations or indications of felony violations of Federal, State or Municipal Laws Suspension and removal from contract pending results of an investigation to DISMISSAL Any other act, which by its nature and impact, severely limits the employee's ability to perform the essential elements of the job or its injurious to the interest of the Company and/or Client* DISMISSAL *These may be acts such as, but not limited to the following: Concealing or failing to report the suspension and/or revocation of job required certifications, licenses, or permits Concealing or failing to report the expiration of job required certifications, licenses, or permits Note: Where applicable, offense/job deficiency definitions or requirements are set forth in the appropriate provision(s) of the SOP's and/or contractual agreement 33 iii. Employee records maintenance TriCorps complies with all federal and state law as it relates to the maintenance of employee records. The enumerated list below includes but is not all of the employee records compiled and maintained by our human resources department. 1) Personal details (name, DOB, nationality, medical, blood-group, educational level, address) 2) Contact details (email address, mailing address, emergency contact person, etc.) 3) Employment details (employment identification code, employment status, EOD, financial information, etc. 4) Job details (qualifications, skills, expertise, current client assignment) 5) Training and development details (certifications, licenses, permits, dates of completion, and dates of expiration) 6) Awards and achievements TriCorps employee records are maintained with a stringent structure and limited access depending on the type of information and the level of authority of the individual. iv. Employee retention and incentive practices TriCorps has an atmosphere that allows the members of our organization to give their best effort each day. Studies show engaged employees are more productive, have better attitudes, and stay with their current employer longer. TriCorps has multiple avenues we utilize to keep employee engagement high. TriCorps' average annual turnover is 15%, which is well below the national industry average of over 75%, according to the American Society for Industrial Security, ASIS. TriCorps recognizes that consistency in the assignment of specific officers to posts provides stability and reliability for the customer. Historically, TriCorps has observed two primary and positive reasons for turnover: 1) our clients hire our employees, and 2) our employees pursue a law enforcement career. Often, the best way to fill an open position is to hire existing personnel. TriCorps promotes from within for both officer and executive positions to the fullest extent possible. Security officers with above-average reviews and attendance records will be the first candidates we consider for promotions for this contract. The following sections detail a comprehensive and multifaceted approach to employee satisfaction, which benefits our clients by resulting in employee retainment. 34 Increased Pay Incentives TriCorps consistently attempts to give pay raises to employees who have acceptable annual evaluations. This will allow TriCorps to attract and hire quality security personnel and is an important first step in employee retention. Employee Appreciation Program TriCorps' employee appreciation program exists to show our employees our gratitude on an individual basis. When an officer is hired, they are sent a welcome card along with a few items. After an employee has been with us for one year, we send them an anniversary package with various items. We also send each employee a card for their birthday. The employee appreciation program is just one way to show our officers how thankful we are for their work each day. The Employee of the Month Every month, TriCorps consults with our managers, supervisors, and clients to recognize an Employee of the Month. These security officers are recognized for outstanding performance. We often select employees of the month based on "atta boys" we receive from the client regarding an employee going above and beyond the call of duty. We believe that recognizing hard work and commitment to excellence is critical in keeping our workforce's morale high. In addition to the recognition among their management and peers, TriCorps also gives a cash bonus to each employee who receives this accolade. Special Awards Recently, a TriCorps officer in Florida received a Lifesaving Award for their efforts in saving a young child’s life in a residential community in Naples, Florida. This officer administered chest compressions, rescue breaths when a young resident was choking. According to the emergency responders on the scene, the young child is alive today only because of our officer's quick action. We held a recognition ceremony for our officers where our officer's family and client were in attendance. 35 Employee Medical Benefits and Incentives Eligibility for Health Care Coverage Type(s) of insurance coverage available and related cost: TriCorps understands that access to affordable insurance is critical for most families; every employee is offered the following insurance benefits after employment for 60 days. • Medical insurance: Can help lower out-of-pocket expenses for covered members and their families—doctor visits, medication discounts, illness, injury, etc. • PPO Dental insurance: Can help lower out-of-pocket expenses for covered members and their families. • Vision insurance: Coverage can include savings on eye exams, eyewear, and discounts on laser vision correction. • Life Insurance: Provide families with financial support when suffering a loss. It can help pay for household expenses, a significant debt, or allow covered members to leave an inheritance. • Short-Term Disability Insurance: Provides covered members with a weekly cash benefit—after their claim is approved—if covered members are out of work due to a covered disabling illness or injury. • Accident Insurance: Helps costs if a covered member experiences an accident resulting in fractures, x-rays, or doctor visits. • Critical Illness Insurance: Can reduce stress about money if covered members are diagnosed with a covered condition, like heart attack, stroke, or cancer. • Hospital Indemnity Insurance: When covered members have to stay in the hospital for a covered condition, it provides cash payments to help protect their finances from unexpected expenses. Insurance costs will vary based on the employee's enrollment selection. Employees have access to contact information and basic questions and answers through TriCorps online software portal. Each year, TriCorps offers open enrollment for employees to make any changes to their current plan. TriCorps also has a call center that will reach out to our employees and walk them through each individual offering and help design a customized benefits plan for each employee and their family. 36 v. Employee training programs, not limited to orientations, site orientations, review training, scenario testing, etc. Officer Training Program TriCorps will provide training to any person selected for duty at the City of Clearwater from the day they are hired and provide refresher training regularly. As further outlined below, TriCorps will offer training in many different formats but believes live training led by qualified experts to be the most effective type of training. Repetition is the pathway to the subconscious. Therefore, TriCorps’ training is frequent, consistent, and thorough. New Employee Orientation Before any TriCorps security officer works their first shift at the City of Clearwater, TriCorps will provide mandatory new employee orientation. During this session, security officers will be provided information concerning TriCorps’ policies and expectations, payroll, and other basic information. On-the-Job Training This training will be specific to the type of job and location the security officer will be assigned to work. Examples of on-the-job training include specific post orders, foot patrol procedures, customer service, maintaining log sheets, telephone protocol, event escalation, equipment familiarization, interacting with City of Clearwater staff, customers, and patrons, observation skills, and dealing with complaints. 37 First-Aid / CPR / AED Training TriCorps has on-staff registered nurses certified to train to provide First-Aid, CPR, AED training to our officers as needed. Refresher and Remediation Training TriCorps will provide training in the form of online training and in-person training from a certified instructor on various security topics specific to the City of Clearwater. vi. Describe firm’s safety program, including training frequency and program Safety Training TriCorps is unique in the security industry, as we strive and maintain a standard of excellence in safety training and execution. As a company, we strive for the highest health and safety standards in our day-to-day operations. TriCorps’ Health and Safety Program has developed standards and frequency to comply with federal, state, and local regulations. Employees, at all levels, must work to execute the TriCorps Health and Safety Policy. Accident prevention is essential, and we believe that our employees are our most valuable asset. In our Safety Mission Zero Initiative, TriCorps places a strong emphasis on safety in the workplace. TriCorps has a robust safety program, to include a Corporate HSE Manager, HSE manual, and strict incident reporting procedures. We evaluate trends and take a proactive approach to mitigate risks before an incident occurs. All TriCorps officers are trained in our HSE Manual. Some of the topics in the manual include Stop Work Authority, Incident Reporting and Investigation, Emergency Action Plans, Fatigue Management, JSA and JHA Policies and Procedures, Personal Protective Equipment, First Aid/CPR/Bloodborne Pathogens, Extreme Weather, and a Safety Discipline Program. 38 In addition, officers are trained in a Behavior-Based Safety and Maintenance Request program that operates on a mobile phone application and directly communicates with our HSE Manager and site managers. The entire HSE manual is available to our officers 24/7 through our mobile phone app, eHub. The training begins at point of hire and is continued on a monthly basis with one-on-one training and annual classroom training. Our HSE Manager also conducts random audits of this training to test knowledge and comprehension. TriCorps is one of few, if not the only, security firms with a strong safety program. Joey Bezio, Corporate HSE Manager Mobile: 940.452.2482 Email: joeybezio@tricorps.com Joey has over 20 years of Quality, Health, Safety, and Environment (QHSE) experience. His role with TriCorps is to develop, implement, and oversee that all TriCorps employees adhere to our corporate health and safety program. vii. Explain firm’s efforts to maintain necessary certifications and/or licenses As described previously, TriCorps is diligent in maintaining employee records. Our company’s greatest asset is our employees, and TriCorps is fortunate to have the best trained and qualified in the security business. To assist our security personnel, TriCorps Human Resource Department monitors all licenses, certifications, and permits to ensure our security officers’ paperwork complies with all clients we serve. This maintenance is a high-level computer program that sends pre-notification alerts to our human resources officer, pertinent supervisor, and of course, the specific security officer. 39 TAB 4 – REFERENCES City of Panama City Steve Lewis | Logistics Director 501 Harrison Ave, Panama City, FL 32401 850-896-7798 | slewis@pcgov.org Services provided: Physical security of city hall and its employees Dates: 2019 – present Summary of staff turnover: less than 15% . One employee moved out of the area, and another left the private security industry. Chesapeake Energy Corporation Keith Faris | Senior Manager of Corporate Security 6100 North Western Avenue, Oklahoma City, OK 73118 405.935.8199 | keith.faris@chk.com Services provided: Physical security of corporate headquarters and multiple national well sites. Dates: 2005 – present Summary of staff turnover: less than 15% . In the last 15 years, employees have left for a variety of reasons to include being hired internally, moving out of the market, being hired by law enforcement agencies, and enlistment into the military. Museum of the Bible Darrell Utt | Director of Security 400 4th Street Southwest, Washington, D.C. 20024 719.201.2936 |dutt@thorntonthomasetti.com Services provided: Physical security of Washington, DC’s second-largest museum, to include all employees, visitors, and artifacts. Dates: 2017 – present Summary of staff turnover: less than 15% . Employees have left for a variety of reasons to include being hired internally, moving out of the market, being hired by law enforcement agencies, enlistment into the military, and termination for a better-qualified applicant. 40 Sunbird Beach Resort Mike Lindor | Board of Directors President 9850 S Thomas Dr, Panama City Beach, FL 32408 334.790.0028 | sunbirdowner1104@gmail.com Services provided: Physical security of resort properties to include residents, guests, and property assets Dates: 2019 – present Summary of staff turnover: less than 15% Barefoot Beach Community Bill Zwicker | President 170 Barefoot Beach Blvd, Bonita Springs, FL 34135 239.287.2743 | bill@barefootonthebeach.com Services provided: Physical security of neighborhood properties to include residents, guests, and property assets Dates: 2019 – present Summary of staff turnover: less than 15% Chabad Jewish Center of Naples Rabbi Fischel Zaklos | Co-Director 1789 Mandarin Road, Naples, Florida 34102 239.404.6993 | rabbi@chabadnaples.com Services provided: Physical security of synagogue, school, personnel, and properties. Dates: 2014 – present Summary of staff turnover: less than 15% Anchor Associates Brad Phelps | President 3940 Radio Road, Suite 112, Naples, Florida 34104 239.649.6537 | brad@anchormanagers.com Services provided: Physical security of neighborhood properties to include residents, guests, and property assets Dates: 2016 – present Summary of staff turnover: less than 15% 41 TAB 5 – SERVICES PRICING Please see the table below for billing rates applicable to the staffing positions referenced in Tab 3. Additionally, you will see the estimated number of hours and overtime costs associated will fulfilling the contract requirements. Bill Rate Estimated Hours Total Security Officer $ 17.00 2,008 $ 34,136.00 Security Officer OT $ 25.50 260 $ 6,630.00 Special Events Officer $ 19.50 2,700 $ 52,650.00 Total Year 1: $ 93,416.00 TriCorps has experience with scheduling and invoicing special events, executive protection details, and “one-off” assignments outside the standard scope of work. TriCorps prides itself on catering its invoicing structure towards its clients. Invoicing outside the standard shifts can be handled however the City of Clearwater desires. Invoicing Processes Invoice Dates Unless otherwise directed, TriCorps will send monthly invoices to Clearwater. Invoices for the previous month will arrive by the 15th of the following month. Should Clearwater decide it would be helpful to modify our invoicing, we can easily make adjustments. Invoicing can be a major source of frustration, and TriCorps commits to total transparency and easy-to-understand invoicing. Invoice Formats We are always working to provide invoices on time and in a format the client desires. TriCorps is able to include as much or as little information as requested by the client. All invoices will include the information requested by Clearwater and will be submitted via email or any other method requested by you, the client. Invoice Efficiency We strive to handle every invoice question immediately and take care of many clients with extremely complex invoicing procedures. We are often required to allocate costs to multiple budget lines, split invoices among joint ventures or client groups. We will always be accessible to the client, will promptly answer any invoicing question, but most importantly, we will strive to get it right the first time. 42 Plan for Invoice Accuracy The focus of our invoicing system and procedures is efficiency and accuracy. TriCorps will generate the monthly schedule in which our employees will be able to view in eHub. Our system will automatically update the officers’ time, which our site supervisor will verify. Invoice Sample 43 QUESTIONS / CLARIFICATIONS FOR PRESENTATIONS 1. Describe your process with handling employees who are unable to perform, call in sick, a no-show to their post, or who have been requested by the city to be removed from their post or duty. a. How quickly can a post be staffed? TriCorps understands the City of Clearwater will need additional security services with little or no advance warning. In order to cover notices given with a minimum of 24 hours, TriCorps will maintain a pre-agreed upon portion of our employees that will have part-time status. These positions will give us the flexibility to assign additional personnel should The City of Clearwater need them on short notice. In addition to our part-time security personnel, we will also maintain a minimum number of daily personnel in an on-call status. Personnel who are on-call are subject to reporting for duty within certain time parameters. In the last year, in the state of Florida, we’ve had zero posts unfilled! We believe a post can be staffed within two hours. 2. How many employees do you currently keep on staff for security services? a. How many of those staff members live in or close to Clearwater? TriCorps has 750 employees’ company wide. 150 of them are in the Pinellas, Lee, and Collier Counties of Florida. “TriCorps has given me the opportunity to work for a professional company that provides a valuable service to the customers we serve and the community we live in. I consider myself lucky to have such a great paying job and am proud to say I work for TriCorps.” Florida Employee 44 3. How much lead time is required to have staff available for a smaller event that may require one (1) to twenty-four (24) employees? 4. How much lead time is required to have staff available for a larger scale special event that may require staff of twenty-five (25) or more employees? In response to questions three and four, we always appreciate as much lead time as possible. Certainly 24 hours is very helpful, however we are accustomed to reacting at a moment’s notice. Please find examples in the narrative below on our ability to provide staffing for emergencies and special events. Staffing Capabilities TriCorps fully understands the importance and size of a security force required to protect the City of Clearwater. For over twenty years, TriCorps Security has successfully protected clients of the size and scope of the City of Clearwater. TriCorps is accustomed and capable of safeguarding highly visible, high-traffic locations in large metropolitan areas. Additional Emergency Services TriCorps has significant experience providing the appropriate level of security force for both normal operations and unexpected emergencies. TriCorps understands that increasing manpower during emergencies will be necessary. TriCorps will provide adequate personnel numbers to respond to emergencies, and will manage those crises with experienced law-enforcement executives. Some examples of large and rapid deployments TriCorps has executed in the past are: Hurricane Katrina In the aftermath of Hurricane Katrina, the gulf coast needed security and logistical support for FEMA and local first responders. TriCorps provided over 100 security personnel that were deployed to protect our clients' assets in New Orleans. TriCorps was able to successfully protect all of its client's assets without any major loss. We were also able to do so without any injuries to our personnel and without any significant conflict with the criminal element or members of the community. 45 Labor Strike One of TriCorps' large corporate clients had several hundred union employees in West Virginia and Kentucky. TriCorps was required to provide 24-hour security at more than 100 locations in preparation for a labor strike. In less than 72 hours, and over a holiday weekend, TriCorps mobilized, transported, equipped, and had on-location more than 175 security officers, supervisors, patrol officers, and project managers. Energy Related Disaster One of our Fortune 500 client companies made the decision to implement a security force on all of its locations due to a series of energy related disasters. The client needed a security force of over 100 personnel to be deployed within 90 days. That goal was achieved to the great satisfaction of the client and TriCorps personnel have been securing their locations for over seven years. “The client later reported that in their opinion the rapid mobilization of the security force was instrumental in the union’s decision not to strike, since there would be little or no disruption in service.” 46 Case Study – Response to a Critical Incident Our client, Devon Energy, required emergency additional security personnel due to an unforseen incident that occurred to their building. Devon has the tallest building in the state of Oklahoma, with fifty floors, which also serves as the hub of downtown Oklahoma City with the general public walking through the main floor concourse every minute of the day. Letter of Recommendation to Commend TriCorps' Response, Scalability, and Transition Ability ~~ Martin Herman Devon Energy Center 405.552-8038 Direct ~~ Director 333 West Sheridan Avenue martin.herman@dvn.com ~~~o~ Security Oklahoma City, 01< 73102-5015 May 24, 2019 City of Sarasota Mr. Barney Kavanaugh, CPPB 1565 1st Street Sarasota, FL 34236 Dear Mr. Kavanaugh, This letter speaks to the outstanding coverage TriCorps has historically provided oar company, employees as well as the general public. In fourteen years of service to Devon Energy, TriCorps has always provided security staffing at the requisite levels. Due to a recent unforeseen accident, our company was in a position to request additional security. On May 14, 2019 the Devon Corporate office; a fifty story high rise building located in the heart of downtown Oklahoma City, suffered a large window break due to high winds blowing window washing equipment into the building. As Corporate Security Director, I immediately called TriCorps to request additional manpower. Due to the high visibility and downtown location of our corporate office, the security staffing increase need was over 100% of the scheduled force. TriCor`ps' on- site supervisor extended her shift and worked an 18 hour day to make certain coverage was complete and expectation were met. This emergency situation included a request for TriCorps to provide 24 hour security coverage. TriCorps not only met the need immediately, they exceeded the numbered request with highly qualified and professional security officers. Since 2005, Devon has contracted with TriCorps to provide security. Whether the company need has been static and within the norm ,of contract terms, or an unforeseen and immediate increase in staffing TriCorps has exceeded expectations with integrity, professionalism and expediency. Sincerely, ...../~ f~L ~ _ _.___.__-__~___ Martin Her an Corporate Security Director Devon Energy ~~ Martin Herman Devon Energy Center 405.552-8038 Direct ~~ Director 333 West Sheridan Avenue martin.herman@dvn.com ~~~o~ Security Oklahoma City, 01< 73102-5015 May 24, 2019 City of Sarasota Mr. Barney Kavanaugh, CPPB 1565 1st Street Sarasota, FL 34236 Dear Mr. Kavanaugh, This letter speaks to the outstanding coverage TriCorps has historically provided oar company, employees as well as the general public. In fourteen years of service to Devon Energy, TriCorps has always provided security staffing at the requisite levels. Due to a recent unforeseen accident, our company was in a position to request additional security. On May 14, 2019 the Devon Corporate office; a fifty story high rise building located in the heart of downtown Oklahoma City, suffered a large window break due to high winds blowing window washing equipment into the building. As Corporate Security Director, I immediately called TriCorps to request additional manpower. Due to the high visibility and downtown location of our corporate office, the security staffing increase need was over 100% of the scheduled force. TriCor`ps' on- site supervisor extended her shift and worked an 18 hour day to make certain coverage was complete and expectation were met. This emergency situation included a request for TriCorps to provide 24 hour security coverage. TriCorps not only met the need immediately, they exceeded the numbered request with highly qualified and professional security officers. Since 2005, Devon has contracted with TriCorps to provide security. Whether the company need has been static and within the norm ,of contract terms, or an unforeseen and immediate increase in staffing TriCorps has exceeded expectations with integrity, professionalism and expediency. Sincerely, ...../~ f~L ~ _ _.___.__-__~___ Martin Her an Corporate Security Director Devon Energy ~~ Martin Herman Devon Energy Center 405.552-8038 Direct ~~ Director 333 West Sheridan Avenue martin.herman@dvn.com ~~~o~ Security Oklahoma City, 01< 73102-5015 May 24, 2019 City of Sarasota Mr. Barney Kavanaugh, CPPB 1565 1st Street Sarasota, FL 34236 Dear Mr. Kavanaugh, This letter speaks to the outstanding coverage TriCorps has historically provided oar company, employees as well as the general public. In fourteen years of service to Devon Energy, TriCorps has always provided security staffing at the requisite levels. Due to a recent unforeseen accident, our company was in a position to request additional security. On May 14, 2019 the Devon Corporate office; a fifty story high rise building located in the heart of downtown Oklahoma City, suffered a large window break due to high winds blowing window washing equipment into the building. As Corporate Security Director, I immediately called TriCorps to request additional manpower. Due to the high visibility and downtown location of our corporate office, the security staffing increase need was over 100% of the scheduled force. TriCor`ps' on- site supervisor extended her shift and worked an 18 hour day to make certain coverage was complete and expectation were met. This emergency situation included a request for TriCorps to provide 24 hour security coverage. TriCorps not only met the need immediately, they exceeded the numbered request with highly qualified and professional security officers. Since 2005, Devon has contracted with TriCorps to provide security. Whether the company need has been static and within the norm ,of contract terms, or an unforeseen and immediate increase in staffing TriCorps has exceeded expectations with integrity, professionalism and expediency. Sincerely, ...../~ f~L ~ _ _.___.__-__~___ Martin Her an Corporate Security Director Devon Energy 47 5. Do you have a local presence in the Tampa Bay area? a. If so, provide location While we do not currently maintain a contract in Clearwater, we have extensive experience and numerous contracts from Tampa Bay south to Naples. Our strong South Florida presence and our excellent management team there give us an inside track regarding relationships with law enforcement agencies and military installations. TriCorps is confident and guarantees that our proven model of training and retaining a world-class security force will meet and exceed the standards required by the City of Clearwater. 6. Do you have a 24/7 dispatcher or contact individual to be able to respond to unforeseen situations as they develop? In addition to our local supervision that will be avalible to the City of Clearwater at all times, TriCorps has a 24/7/365 Global Security Operations Center that is staffed by trained professional operators and technical specialists. TriCorps’ GSOC is available 24/7/365 to our security personnel, clients, and the citizens of Clearwater, Florida at 844.TRICORPS. A little about our GSOC: TriCorps’ Security Operations Center is a hardened facility that is staffed 24/7 by trained professional operators and technical specialists. TriCorps’ Security Operations Center is equipped with the following equipment and features: • Redundant Network Connectivity (fiber and copper) • Backup Commercial Generator Power • Access Controlled Doors • High-Definition IP Cameras and Video Management System • Server Room with available rack space for cliental • Modular furniture design with the ability to expand operator workstations • Four (4) Operator Workstations containing the following: o Three (3) Monitors per Workstation o One (1) Windows PC Workstation o One (1) IP Telephone with Headset • Module Video Wall featuring a total of ten (10) HD LED Monitors Compound Period 12 2022 FY Periods Security Officers Rates Hourly Rate Hours B&M Regular Hours Rate 17.00 Overtime Rate 25.50 Special Events Officers 19.50 Overtime Rate 29.25 0101804-530300 Special Events Hourly Rate Annual Hours Annual Amt Clearwater National Boat Racing 19.50 288.00 9,360.00 Clearwater Jazz Holiday (Oct14-17-2021)19.50 480.00 9,360.00 Clearwater Sea-Blues Festival (2/26/22)19.50 394.00 7,683.00 Pier 60 Sugar Sand Festival Fireworks (4/8/22)19.50 130.00 2,535.00 Clearwater Celebrates America (07/04/2022)19.50 20.00 390.00 Special Events Overtime as needed 29.25 250.00 7,312.50 Total Annual Payments 1,562.00 36,640.50 0101830-530300 Athletics Hourly Rate Annual Hours Annual Amt Cougars Football Home Games 17.00 120.00 2,040.00 St. Pete/Clearwater Elite Invitational (2/1720/22 17.00 680.00 11,560.00 ESPN Overtime 17.00 120.00 2,040.00 CoC/MS Spring Series Week (3/4-6/22)17.00 224.00 3,808.00 CoC/MS Spring Series Week (3/11-13/22)17.00 224.00 3,808.00 Big East Conference Championship (5/14/22)17.00 60.00 1,020.00 Athletics Overtime as needed.25.50 150.00 3,825.00 Total Annual Payments 1,578.00 28,101.00 0101816-530300 Rec Programming Hourly Rate Annual Hours Annual Amt Long Center Swimming Events 17.00 832.00 14,144.00 Security Guard Rate Calculater https://www.vertex42.com/Calculators/mortgage-calculators.html © 2008 Vertex42 LLC Total Annual Payments 832.00 14,144.00 4351333-530300 Parking Hourly Rate Annual Hours Annual Amt Parking Garage Roamer 17.00 1,820.00 30,940.00 Total Annual Payments 1,820.00 30,940.00 5656531-530300 Building & Maint Hourly Rate Annual Hours Annual Amt MSB Front Desk 17.00 2,340.00 39,780.00 Council Meeting Coverage 17.00 400.00 6,800.00 Total Annual Payments 2,740.00 46,580.00 TOTALS Parks & Rec - 3,972.00 78,885.50 Parking - 1,820.00 30,940.00 Building & Maint - 2,740.00 46,580.00 Total INTEREST Paid - 8,532.00 156,405.50 https://www.vertex42.com/Calculators/mortgage-calculators.html © 2008 Vertex42 LLC TriCorp Security Special Events 0101804-530300 36,640.50 Athletics 0101830-530300 28,101.00 Rec Programming 0101816-530300 14,144.00 78,885.50 Parking 4351333-530300 30,940.00 30,940.00 Building & Maint 5656531-530300 46,580.00 156,405.50 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 11.2018 REQUEST FOR PROPOSALS #26-21 Security Services March 17, 2021 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, April 20, 2021 to provide Security Services. Brief Description: The City of Clearwater is seeking proposals from licensed security service companies with trained, uniformed, unarmed security guards/officers to perform security services for various departments and locations within the City of Clearwater. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS Security Services 2 RFP #26-21 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: April 20, 2021 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $ 0.00 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as INSTRUCTIONS Security Services 3 RFP #26-21 may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING. The integrity of the procurement process is critical. Communication regarding this solicitation for purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is strongly discouraged. This does not prohibit public comment at any City Council meeting, study session or Council committee meeting. This shall not apply to vendor-initiated communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to pre-bid conferences, clarification of responses, presentations if provided in the solicitation, requests for Best and Final Proposals, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than (seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather INSTRUCTIONS Security Services 4 RFP #26-21 than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the INSTRUCTIONS Security Services 5 RFP #26-21 proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Manager no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Security Services 6 RFP #26-21 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: EVALUATION CRITERIA (Response Elements, pp. 22 and 23) Points Demonstrated Experience of the Firm (Tab 2) 25 Qualifications and Availability of Security Staff (Tab 3) 25 Ability to Meet Scheduling Requirements (Tab 3) 20 References (Tab 4) 15 Services Pricing (Tab 5) 15 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City’s discretion. The location for these presentations and/or interviews will be determined by the City and may be held virtually. INSTRUCTIONS – EVALUATION Security Services 7 RFP #26-21 i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary and will determine the scope and subject of any best & final request. However, the proposer should not expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: March 17, 2021 Advertise Tampa Bay Times: March 17, 2021 Responses due: April 20, 2021 Review proposals: April 20-29, 2021 Presentations (if requested): Week of May 10, 2021 Award recommendation: Week of May 10, 2021 Council authorization: June 2021 Contract begins: July 1, 2021 TERMS AND CONDITIONS Security Services 8 RFP #26-21 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified TERMS AND CONDITIONS Security Services 9 RFP #26-21 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. TERMS AND CONDITIONS Security Services 10 RFP #26-21 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. TERMS AND CONDITIONS Security Services 11 RFP #26-21 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s TERMS AND CONDITIONS Security Services 12 RFP #26-21 current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. TERMS AND CONDITIONS Security Services 13 RFP #26-21 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this TERMS AND CONDITIONS Security Services 14 RFP #26-21 warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final TERMS AND CONDITIONS Security Services 15 RFP #26-21 judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. TERMS AND CONDITIONS Security Services 16 RFP #26-21 S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Security Services 17 RFP #26-21 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of nearly 118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home to Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. GENERAL PURPOSE. The City of Clearwater is seeking proposals from licensed security service companies with trained, uniformed, unarmed security guards/officers to perform security services for various departments and locations within the City of Clearwater. 3. Current servicing locations: LOCATION ADDRESS; Clearwater, FL Clearwater Municipal Services Building (MSB) 100 S Myrtle Avenue City of Clearwater Special Events/P&R Department Various Locations Citywide Additional locations may be added / deleted during term of contract. 4. SCOPE OF WORK. The specific schedule and work requirements for the listed locations are described below. These requirements shall not preclude the City from requesting additional tasks and/or duties related to security. General staffing (guards/officers) requirements include:  All personnel must be able to communicate orally, read, and write, in English. Bilingual personnel may be requested for specific events or assignments, as needed.  Customer Service and an event-attendee’s positive experience is a priority in Clearwater. All security staff must demonstrate a commitment to be courteous, helpful, attentive, and alert during their shifts.  All personnel shall maintain a professional appearance and demeanor, be properly uniformed for the assignment, and wear an identification badge at all times (a minimum of three [3] photos of guard/officer uniforms are required with RFP response). Appropriate equipment will be provided by the vendor to all staff – a cell phone or radio is a requirement; a City radio may be provided to the on–site manager during City events.  Security guards/officers are prohibited from carrying weapons of any kind, including but not limited to: firearms, nightsticks, martial arts weapons or equipment, batons, or any chemical agent spray or liquid.  Vendor shall provide appropriate and necessary management and supervision for all employees and shall be solely responsible for instituting any disciplinary action of employees not in compliance with the vendor’s rules and regulations, as well as any other policy established by the contracting parties.  The City reserves the right to require immediate removal of any security personnel deemed unfit for service. The Vendor must have appropriate staffing resources to be able to provide a replacement within twenty-four (24) hours. DETAILED SPECIFICATIONS Security Services 18 RFP #26-21 3.1 CLEARWATER MUNICIPAL SERVICES BUILDING (MSB) A security guard/officer shall be stationed at the MSB lobby reception desk Monday through Friday, 8:00 a.m. until 5:00 p.m. (EST), excluding City recognized holidays. a. The security guard/officer assigned to the MSB shall be trained and experienced in building security, customer service, and handling difficult people as well as escalated situations. b. Due to Covid 19, visitors and delivery personnel are not permitted to enter our building past the security checkpoint. Once restrictions are lifted, the security guard/officer shall monitor entry and egress access to ensure all visitors are checked in and issued a visitor badge. All persons entering the building will be required to sign in and out and indicate the department and employee(s) they will be visiting. Delivery persons will be allowed entry for department access. c. The security guard/officer shall assist City staff with disruptive and/or unruly visitors. This includes asking individual(s) to leave the premises and/or coordinating with the City of Clearwater’s Police Department to escort the individual(s) off the premises. d. The security guard/officer shall report any unusual activity to Parks Administrative Services Manager, and depending on severity of situation, the City of Clearwater Police Department. e. The security guard/officer shall assist City staff in the event of an emergency, including assistance during a building evacuation. f. The security guard/officer stationed at this site will be required to submit a daily incident/operating report which shall include the roster of all visitor(s) that entered/exited the building and any events of suspicious nature that required supplemental attention including all parties involved (i.e. police, department staff, etc.). g. The City will equip the reception desk with standard equipment including a computer, phone, and a two-way (2-way) radio to be used for business purposes only. h. The City will provide building access card(s) to the Vendor. Vendor shall require all employees performing under this contract to personally sign and be responsible for each electronic access card to gain entry to the MSB. Access cards are to be used only by the individual who has been assigned the card and approved by the City of Clearwater. When an individual is no longer employed by the Vendor, the card must be reassigned using the City of Clearwater’s employee exit procedures. Procedures will be provided to the awarded vendor. If a card is lost, the Parks Administrative Services Manager must be notified immediately. The use of an access card by any person other than the individual to whom the card is assigned will be cause for termination of the Contract. 3.2 CITY OF CLEARWATER SPECIAL EVENTS The City hosts a variety of concerts and sports events throughout the year. Each event has unique security requirements that are pre-planned and vetted with the awarded vendor. Event security personnel are prohibited from “hands-on” contact with event attendees. Prior to an event, Vendor will work with City of Clearwater’s event staff to develop an action plan for an upcoming event. The action plan will include identifying the number and type of security staff needed (i.e. parking lot staff, security guards/officers, event pit personnel, etc.), utilize event metrics to assign supervisors, roamers, and other required staffing. Review City DETAILED SPECIFICATIONS Security Services 19 RFP #26-21 prepared event map with security placement locations and finalize plan with site visit several days prior to the event. Pricing shall be extended for special events and athletics, co-sponsored groups (i.e. City Co-Sponsored Youth Sports Groups, etc.) and billed directly to the group. Coachman Park is currently closed and is expected to reopen to host events in 2022/2023. Once the park is opened, priorities may change. 5. MINIMUM QUALIFICATIONS. Companies responding to this RFP, and their employees, will be properly licensed in accordance with state, county, and/or city requirements, and be able to demonstrate relevant experience and qualifications to comply with the requirements set forth herein. A minimum of three (3) references, preferably from other public entities for which similar services have been provided, are required. 6. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and DETAILED SPECIFICATIONS Security Services 20 RFP #26-21 umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFP #26-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Security Services 21 RFP #26-21 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. July 2021 – June 2022 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Three (3), one (1) year renewal is possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. a. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. b. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for the one (1) year renewal term. d. No fuel surcharges will be accepted. RESPONSE ELEMENTS Security Services 22 RFP #26-21 1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, three (3) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: If submitting proposals electronically, copies are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non-responsive to this RFP. Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal Provide a brief letter of transmittal that includes the following information: a. The proposer’s understanding of the work to be performed b. A positive commitment to fulfill the contract requirements set forth herein c. The names of key persons, representatives, project managers who will be the main contacts for the duration of this contract TAB 2 – Demonstrated Experience of the Firm Provide the following information: a. Organization and Management i. Corporate and local organization charts showing responsibilities by position ii. Location of office(s); identify primary servicing location for this contract b. Firm’s Business Experience and History i. Provide description of the firm, including brief history, and length of time providing security services ii. Highlight comparable contracts to the requirements set forth herein iii. Provide a summary of all lawsuits filed against company in the last five (5) years TAB 3 – Qualifications and Availability of Security Staff and Ability to Meet Scheduling Requirements Provide the following information: a. Primary management staff experience, including Director(s), Manager(s), Supervisor(s), including resumes, job descriptions, and work schedules b. Provide job description(s) for other key positions (i.e. guard/officer) c. Overview the availability of qualified staff and equipment necessary to perform the contract requirements set forth herein d. Overview the firm’s hiring and training programs i. Recruitment methods and procedures ii. Hiring practices including background screening, performance evaluations, disciplinary policies, and termination procedures iii. Employee records maintenance iv. Employee retention and incentive practices v. Employee training programs, not limited to orientations, site orientations, review training, scenario testing, etc. vi. Describe firm’s safety program, including training frequency and program overview vii. Explain firm’s efforts to maintain necessary certifications and/or licenses RESPONSE ELEMENTS Security Services 23 RFP #26-21 Tab 4 – References Provide a minimum of three (3) references for comparable contracts currently being performed. Include complete contact information of the agency/company point-of-contact including name, phone number, and email address. Indicate the services being provided, contract term, and a summary of staff turnover for each contract. Tab 5 – Services Pricing Provide billing rates applicable to the staffing positions referenced in Tab 3, estimating the number of hours and overall costs associated with fulfilling the contract requirements set forth herein. Identify overtime rates associated with each position and the likelihood of overtime associated with the contract requirements set forth herein. Explain the firm’s ability to maintain multiple billings by agency department, how invoices are processed, frequency, terms, etc. Include a sample of billing invoice. TAB 6 - Other Forms. The following forms should be completed and signed: a. Exceptions/Additional Materials/Addenda form b. Vendor Information form c. Vendor Certification of Proposal form d. Scrutinized Companies form(s) as required e. E-Verify Eligibility form as required f. Copies of licenses and/or certifications g. Copy of Employee/Personnel Handbook required h. A minimum of three (3) photos detailing the guard/officer uniforms i. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Security Services 24 RFP #26-21 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Security Services 25 RFP #26-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. VENDOR CERTIFICATION OF PROPOSAL Security Services 26 RFP #26-21 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCRUTINIZED COMPANIES FORMS Security Services 27 RFP #26-21 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORMS Security Services 28 RFP #26-21 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ______________________________________ Authorized Signature ______________________________________ Printed Name ______________________________________ Title ______________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Security Services 29 RFP #26-21 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Security Services 30 RFP #26-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #26-21, Security Services Due Date: April 20, 2021, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #26-21, Security Services Due Date: April 20, 2021, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ Page 1 of 1 Addendum #1 RFP# 26-21, Security Services March 23, 2021 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on RFP 26-21, Security Services. Question 1: Approximately how many hours per week of security services are being provided under the current contract? Who is the current provider of these services? Please provide me with their current hourly bill rate(s). Answer to Question 1: Sentry Event Services is the City’s current provider for security services. Rates vary based on type of services required. Currently, the Municipal Services Building (MSB) requires security services nine (9) hours per day, five (5) days per week, excluding holidays, at a rate of $17.13 per hour. Due to the COVID-19 pandemic, the special events programs have been limited. Included below is a list from previous fiscal years (October – September), to include locations, hourly rates and hours worked for special events. Question 2: Can you tell me if RFP Advertisement #26-21 for Security Officers in Clearwater allows for subcontracting to other vendors. Answer to Question 2: Subcontractors will not be permitted under this solicitation. End of Questions and Answers End of Addenda Page 1 of 1 Addendum #2 RFP# 26-21, Security Services March 29, 2021 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on RFP 26-21, Security Services. Question 1: Is there a local office requirement for this contract? Answer to Question 1: No, The City makes no reference to location of office requirements in this solicitation. Question 2: Would an office in Palm Beach County, South Florida be acceptable? Answer to Question 2: Reference Answer to Question 1 above. Question 3: If a local office is required, and Palm Beach County is not sufficient, would the promise to open and maintain a local office be sufficient to meet the requirements? Answer to Question 3: Reference Answer to Question 1 above. Question 4: Is there a price sheet accompanying this RFP that will be provided? Answer to Question 4: No, respondents should provide all Service Pricing requirements in a proposal format as identified in RESPONSE ELEMENTS, pp. 22-23. Question 5: As the Municipal Services Building is the only servicing location within this contract with clearly defined hours and the hours and scope of other special events will be determined at a later date, what exactly in terms of pricing and scheduling/staffing needs are you looking for in Tab 5? Answer to Question 5: Reference RESPONSE ELEMENTS; TAB 5 - Services Pricing, pg.23 as well as additional information provided in Addendum #1, Answer to Question 1. Question 6: Are there specific license requirements pertaining to this bid? Answer to Question 6: Reference DETAILED SPECIFICATIONS; Item 5, MINIMUM QUALIFICATIONS. The City suggests respondents consult with Florida Department of Agriculture & Consumer Services at www.fdacs.gov for specific license requirements. Question 7: Is a business tax receipt required for this bid? Answer to Question 7: Yes, the awarded vendor will be required to obtain a business tax receipt. Link for more information: https://www.myclearwater.com/government/city-departments/planning-development/divisions- /construction-services-building/business-tax-receipts-btr Question 8: How many Officers will be needed to cover the locations? Answer to Question 8: Currently the City has one (1) full time security officer/guard on site at the Municipal Services Building (MSB). Reference Addendum #1, Answer to Question 1 and Answer to Question 5 above for additional information. End of Questions and Answers End of Addenda Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9533 Agenda Date: 8/19/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Ratify and confirm the City Manager’s authorization to increase purchase order(s) to the City’s custodial vendor(s) for custodial services in an amount of $150,000.00 for a new cumulative annual not-to-exceed amount of $750,000.00 for the remainder of this term; authorize to increase purchase order(s) to the City’s custodial vendor(s) for custodial services in the amount of $180,000 for a new cumulative not-to-exceed amount of $780,000.00 for the final term August 1, 2021 through July 31, 2022, pursuant to Invitation to Bid (ITB) 24-18, Custodial Services. (consent) SUMMARY: On July 19, 2018, City Council authorized the award of ITB 24-18 to multiple vendors for citywide custodial services for a one-year term, with three one-year renewal terms at the City’s discretion. Due to increased cleaning requirements associated with the COVID virus, the frequency of cleaning city facilities, recreation, and athletic centers as well as the opening of park and athletic restroom facilities have increased throughout 2020 and into 2021. A request was approved by the City Manager to cover services rendered to date. Both the Parks and Recreation Department and the Building and Maintenance Division are requesting the cumulative increase of $180,000.00, bringing the cumulative total to $780,000.00 for the final contract term which expires on July 31, 2022. APPROPRIATION CODE AND AMOUNT: Funds are available in FY 21 departmental budgets and planned for in FY22. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/17/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9541 Agenda Date: 8/19/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Authorize purchase orders to Aqua Triangle 1 Corp d/b/a Triangle Pool Service of Largo, FL, Harcros Chemicals Inc of Tampa, FL and Leslie’s Poolmart Inc d/b/a Leslie’s swimming Pool Supplies of Phoenix, AZ to provide swimming pool chemicals for a cumulative annual not to exceed amount of $150,000 for the term of October 1, 2021 through September 30, 2022, with two one-year renewal options at the City’s discretion pursuant to Invitation to Bid (ITB) No. 36-21 - Swimming Pool Chemicals and authorize the appropriate officials to execute the same. (consent) SUMMARY: The City operates swimming pools, splash pads, slides, and kiddy pools at six of the seven community parks, the exception being Countryside Recreation Complex. While only the Olympic-size pool and therapy pool at The Long Center are operated year-round, the other pools need to be maintained during the off season as well. ITB No. 36-21, Swimming Pool Chemicals was issued on June 3, 2021 with four submissions received on July 6, 2021 however, one respondent withdrew their bid. After full review, the Parks & Recreation Department is recommending award for the purchase of swimming pool chemicals to the three responsive, responsible vendors as follows: Triangle Pool Service Item 1: Liquid Chlorine (Sodium Hypochlorite 10-12% available chlorine) - per Gallon Item 3: Muriatic Acid (Hydrochloric Acid 31.45-37% 20-22 Degrees Baum) - per 15 Gallons Item 5: Sulfuric Acid (40%) - per 15 Gallons Harcros Chemicals Inc Item 4: Muriatic Acid (Hydrochloric Acid 31.45-37% 20-22 Degrees Baum) - per 55 Gallon Drum Item 7: Calcium Hypochlorite - Pulsar Granules (65%) - per 100lb Bag Leslie’s Swimming Pool Supplies Item 2: Muriatic Acid (Hydrochloric Acid 31.45-37% 20-22 Degrees Baum) - per Gallon Item 8: Sodium Bicarbonate (100%) - per 50lb Bag Item 6: Calcium Hypochlorite-Pulsar Granules (65%) received no bids therefore will be Page 1 City of Clearwater Printed on 8/17/2021 File Number: ID#21-9541 purchased from the open market on an as needed basis. In the event the awarded vendors cannot fulfill the needs of the Parks and Recreation Department, due to lack of supply or delivery, the City may purchase products from the second lowest bidder if available and a tertiary from the open market if needed. APPROPRIATION CODE AND AMOUNT: Funding for this purchase order will come from various Parks and Recreation cost centers including 0101813; 0101816; 0101817; 0101825; 0101827 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/17/2021 CITY OF CLEARWATER ITB #36-21, Swimming Pool Chemicals DUE DATE: July 6, 2021; 10:00 AM BID TABULATION Item No.Description Est. Annual Quantity Unit Per Unit Price(UOM) Total Price Unit Price(UOM) Total Price Unit Price(UOM) Total Price 1 Liquid Chlorine (Sodium Hypochlorite 10-12% available chlorine)33,720 Gallon $1.19 $ 40,126.80 No Bid $ - No Bid $ - 2 Muriatic Acid (Hydrochloric Acid 31.45-37% 20-22 Degrees Baum)35 Gallon No Bid $ - No Bid $ - $3.75 $ 131.25 3 Muriatic Acid (Hydrochloric Acid 31.45-37% 20-22 Degrees Baum)46 15 Gallons $97.50 $ 4,485.00 No Bid $ - No Bid $ - 4 Muriatic Acid (Hydrochloric Acid 31.45-37% 20-22 Degrees Baum)55 55 Gallon Drum No Bid $ - $208.00 $ 11,440.00 No Bid $ - 5 Sulfuric Acid (40%)136 15 Gallons $71.25 $ 9,690.00 No Bid $ - No Bid $ - 6 Calcium Hypochlorite - Pulsar Granules (65%)6 25lb. Bag No Bid $ - No Bid $ - No Bid $ - 7 Calcium Hypochlorite - Pulsar Granules (65%)4 100lb. Bag No Bid $ - $175.00 $ 700.00 No Bid $ - 8 Sodium Bicarbonate (100%)375 50lb. Bag $18.95 $ 7,106.25 $20.00 $ 7,500.00 $15.97 $ 5,988.75 Harcros Chemicals, Inc 5132 Trenton StreetTampa, FL 33619 Leslie's Poolmart, Incd/b/a Leslie's Swimming Pool Supplies 2005 E Indian School RdPhoenix, AZ 85016 Aqua Triangle 1 Corpd/b/a Triangle Pool Service 12801 S Belcher RdLargo, FL 33773 Page 1 of 1 July 29, 2021 NOTICE OF INTENT TO AWARD Parks and Recreation and Procurement recommend award of ITB No. 36-21, Swimming Pool Chemicals, to the lowest most responsible bidders, in accordance with the bid specifications, in the estimated annual amount of $150,000, for a period of one (1) year, with two (2), one (1) year extension options. Triangle Pool Service Item 1: Liquid Chlorine (Sodium Hypochlorite 10-12% available chlorine) – per Gallon Item 3: Muriatic Acid (Hydrochloric Acid 31.45-37% 20-22 Degrees Baum) – per 15 Gallons Item 5: Sulfuric Acid (40%) – per 15 Gallons Harcros Chemicals Inc Item 4: Muriatic Acid (Hydrochloric Acid 31.45-37% 20-22 Degrees Baum) – per 55 Gallon Drum Item 7: Calcium Hypochlorite - Pulsar Granules (65%) – per 100lb Bag Leslie’s Swimming Pool Supplies Item 2: Muriatic Acid (Hydrochloric Acid 31.45-37% 20-22 Degrees Baum) – per Gallon Item 8: Sodium Bicarbonate (100%) – per 50lb Bag Item 6: Calcium Hypochlorite - Pulsar Granules (65%) received no bids therefore will be purchased from the open market on an as needed basis. This award is being made to multiple vendors to ensure a continuity of supply. Flexibility to order products from the awarded vendors listed above as a secondary source, or tertiarily from the open market may be used if needed. This Award recommendation will be considered by the City Council at the August 16, 2021 Work Session (9:00 a.m.) and voted on at the August 19, 2021 Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst Kelly Rogers at Kelly.Rogers@myclearwater.com , or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Kelly Rogers Kelly Rogers Procurement Analyst 1) Aqua Triangle 1 Corp 2) Aquasol Commercial Chemicals, Inc db/a Triangle Pool Service d/b/a Poolsure 12801 S Belcher Rd 1707 Townhurst Largo, FL 33773 Houston, TX 77043 727-531-0473 800-858-7665 *withdrew bid on 7/28/21* 3) Harcros Chemicals, Inc 4) Leslie's Poolmart, Inc5132 Trenton St d/b/a Leslie's Swimming Pool Supplies Tampa, FL 33619 2005 E Indian School Rd 813-247-4531 Phoenix, AZ 85016602-366-3848 ADVERTISED: TAMPA BAY TIMES 6/9/2021POSTED:myclearwater.com 6/3/2021 FOR THE CITY OF CLEARWATER Due/Opening: July 6, 2021, 2021, 10:00 a.m. INVITATION TO BID No. 36-21 SWIMMING POOL CHEMICALS Solicitation Response Listing v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #36-21 Swimming Pool Chemicals June 3, 2021 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, July 6, 2021 to provide Swimming Pool Chemicals. Brief Description: The City of Clearwater’s Parks and Recreation Department is soliciting sealed bids from qualified vendors to supply and deliver swimming pool grade chemicals to various facilities throughout the City. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Kelly Rogers Procurement Analyst Kelly.Rogers@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Swimming Pool Chemicals 2 ITB #36-21 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: July 6, 2021 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if INSTRUCTIONS Swimming Pool Chemicals 3 ITB #36-21 any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.10 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.11 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.12 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the INSTRUCTIONS Swimming Pool Chemicals 4 ITB #36-21 brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.13 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.14 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.15 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.16 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.17 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.18 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.19 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. INSTRUCTIONS Swimming Pool Chemicals 5 ITB #36-21 i.20 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any discrepancy exists between this Section and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Swimming Pool Chemicals 6 ITB #36-21 i.21 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.22 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.24 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.25 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.26 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.27 BID TIMELINE. Dates are tentative and subject to change. Release ITB: June 3, 2021 Advertise Tampa Bay Times: June 9, 2021 Bids due: July 6, 2021 Review bids: July 6-12, 2021 Award recommendation: July 12, 2021 Council authorization: August 2021 Contract begins: October 2021 STANDARD TERMS AND CONDITIONS Swimming Pool Chemicals 7 ITB #36-21 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Swimming Pool Chemicals 8 ITB #36-21 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS Swimming Pool Chemicals 9 ITB #36-21 S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the STANDARD TERMS AND CONDITIONS Swimming Pool Chemicals 10 ITB #36-21 contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and STANDARD TERMS AND CONDITIONS Swimming Pool Chemicals 11 ITB #36-21 including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. STANDARD TERMS AND CONDITIONS Swimming Pool Chemicals 12 ITB #36-21 S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and STANDARD TERMS AND CONDITIONS Swimming Pool Chemicals 13 ITB #36-21 cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). STANDARD TERMS AND CONDITIONS Swimming Pool Chemicals 14 ITB #36-21 S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Swimming Pool Chemicals 15 ITB #36-21 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of nearly 118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home to Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. SCOPE OF WORK & FACILITIES. The City of Clearwater’s Parks and Recreation Department is soliciting sealed bids from qualified vendors to establish an annual contract for the supply and delivery of swimming pool grade chemicals to six (6) facilities, five (5) recreation/aquatic centers and one (1) splash pad, owned and operated by the City. The facilities are: 1. Clearwater Beach Family Aquatic Center Address: 51 Bay Esplanade, Clearwater, FL 33767 Tank size: 300 gallons Estimated Frequency: One (1) to two (2) deliveries per week Delivery Hours: 8:00 AM – 4:00 PM, M-F (excluding holidays) Operating Season: Mid-March through mid-October Estimated annual usage: 4,800 gallons of chlorine 2. Crest Lake Park (Splash Pad) Address: 201 S Glenwood Ave, Clearwater, FL 33755 Tank size: 120 gallons Estimated Frequency: Two (2) deliveries per month Delivery Hours: 8:00 AM – 4:00 PM, M – F (excluding Holidays) Operating Season: Year-round Estimated annual usage: 720 gallons of chlorine 3. The Long Center Address: 1501 N. Belcher Rd., Clearwater, FL 33765 Tank size: Lap pool 500 gallons / training pool 15 gallons Estimated Frequency: Two (2) deliveries per week Delivery Hours: 6:00 AM – 5:00 PM, M – F (excluding Holidays) Operating Season: Year-round Estimated annual usage: Two (2) pools at 7,200 gallons of chlorine 4. Morningside Recreation Center Address: 2400 Harn Blvd., Clearwater, FL 33764 Tank size: Lap pool 300 gallons / Activity pool 300 gallons / Training pool 25-gallon drums Estimated Frequency: One (1) to two (2) deliveries per week Delivery Hours: 10:00 AM – 5:00 PM, M – F (excluding Holidays) Operating Season: March through November Estimated annual usage: Three (3) pools at 9,500 of gallons of chlorine 5. North Greenwood Recreation and Aquatic Complex Address: 900 N. MLK Jr. Ave, Clearwater, FL 33755 Tank size: 350 gallons Estimated Frequency: One (1) to two (2) deliveries per week Delivery Hours: 8:00 AM – 5:00 PM, M – F (excluding Holidays) Operating Season: May through August Estimated annual usage: 5,500 gallons of chlorine DETAILED SPECIFICATIONS Swimming Pool Chemicals 16 ITB #36-21 6. Ross Norton Recreation and Aquatic Complex Address: 1426 S. MLK Jr. Ave., Clearwater, FL 33756 Tank size: Lap pool 300 gallons / Activity pool 55 gallons / Plunge pool 55 gallons Estimated Frequency: One (1) to two (2) deliveries per week Delivery Hours: 8:00 AM – 4:00 PM, M – F (excluding Holidays) Operating Season: May through September Estimated annual usage: Three (3) pools at 6,000 gallons of chlorine 3. SPECIFICATIONS. A. GENERAL SPECIFICATIONS. • The Vendor shall provide all labor, materials, tools, connection hoses, vehicles, insurance, and any other associated materials to supply and deliver swimming pool grade chemicals as specified herein. • Although the swim season is year-round, the frequency of deliveries by location will vary during operating and non-operating seasons. • The City reserves the right to add additional related items and/or facilities at any time during the term of the contract. • The City owns all holding tanks and will be responsible for all maintenance and repairs. B. CHEMICAL SPECIFICATIONS. C. ESTIMATED QUANTITIES. • The quantities provided in the bid pricing sheet, page 24, are an estimated usage for a one (1) year period. Estimated quantities are for bid preparation purposes only and should not be interpreted as restrictive minimum or maximum quantities to which bid prices apply. D. ORDER/DELIVERY. • Orders for swimming pool chemicals shall be placed by an authorized City representative via telephone or email for specific quantities of items covered in the resultant contract, as requirements arise. Item Description Unit of Measure Liquid Chlorine (Sodium Hypochlorite 10-12% available chlorine) Per gallon Muriatic Acid (Hydrochloric Acid 31.45-37% 20-22 Degrees Baum) Per gallon Per 15 gallons Per 55 gallon drum Sulfuric Acid (40%) Per 15 gallons Calcium Hypochlorite - Pulsar Granules (65%) Per 25 lb. bag Per 100 lb. bag Sodium Bicarbonate (100%) Per 50 lb. bag DETAILED SPECIFICATIONS Swimming Pool Chemicals 17 ITB #36-21 i. Regular call-in and emailed orders shall be delivered within three (3) business days from date of receipt of the order. ii. Emergency orders shall be fulfilled within twenty-four (24) hours of receipt of the order. • All deliveries shall be coordinated with an authorized City representative from each facility, as days and/or times may vary per facility. • Delivery of pool chemicals shall be from the contracted Vendor and not a third party. • If Vendor is unable to meet the scheduled delivery date/time, Vendor must notify the City of the delay as soon as possible and no later than 12:00 PM on the scheduled delivery date. The Vendor shall reschedule the delivery date at the time of the delay notification. Rescheduled delivery must be within twenty-four (24) hours of original delivery date, unless mutually agreed upon with the City representative. • The Vendor will be responsible for filling the various tanks and barrels at each delivery location. A City representative must be present to verify the delivery quantity. The Vendor shall provide a receipt, signed by the City representative, with each delivery showing the number of gallons or other units delivered. • Liquid chlorine shall be pumped into the existing chlorine storage tanks/barrels. During each visit, the tanks/barrels should be filled to designed capacity. Chlorine cannot be delivered or wheeled in pre-filled barrels of any size. E. VEHICLE/EQUIPMENT. • Transportation of chemicals shall be in compliance with State and Federal transportation handling and safety requirements. Vendor shall, if requested by City, produce documentation to demonstrate compliance with such requirements (i.e. Florida Department of Transportation (FDOT) Certification to transport chemicals). Vehicles shall be capable of loading and unloading the chemicals, as described for each chemical in the bid specifications. • It shall be the Vendor’s responsibility to have the proper fittings to connect to the existing fittings, or to fit the hoses within the existing delivery receptacle tanks, at each delivery site. It shall also be the Vendor's responsibility to provide appropriate step ladders or other mechanism for safely accessing tank inlets unless agreed upon in writing by the City. • Delivery shall be made with a box truck in lieu of semi-trailer due to space constraints. • The delivery truck shall be equipped with a hose of a minimum of two hundred to three hundred feet (200-300 ft). • The delivery truck shall have a metered way of measuring actual amount of liquid chlorine and/or other chemicals dispensed. • All Vendor vehicles on City properties must have their company name and telephone number visible. F. PRICING / PAYMENT. • Bid pricing shall be all inclusive to include but not limited to labor, materials, tools, equipment, delivery and freight charges. The City will not pay any additional add-on fees. DETAILED SPECIFICATIONS Swimming Pool Chemicals 18 ITB #36-21 • The Vendor shall submit all invoices to the Parks and Recreation Department. Invoices shall be itemized and include the following: i. Vendor name ii. Invoice date iii. Invoice number iv. City’s Purchase Order/Contract number v. Delivery location (name and address preferred) vi. Date of service vii. List of products delivered to include quantity and unit price • Copies of delivery tickets per location, signed by City representative, shall be included with each invoice. • Invoices are paid on a “Net thirty (30)” basis. Delays in payment may result if discrepancies exist with delivery ticket and invoicing, resulting in additional verification. The Vendor shall provide complete cooperation during any such time. G. VARIATIONS OF SPECIFICATIONS. • For purposes of bid evaluations, the bidder must indicate any variations from the City’s specifications and/or terms & conditions, no matter how slight. All variations must be stated in detail on EXCEPTIONS/ADDITONAL MATERIAL/ADDENDA form, page 25. If variations are not stated, it will be assumed that the product or service fully complies with the City’s specifications. H. ACCEPTANCE OF MATERIAL. • Products which are not compliant with the specifications and/or not up to City’s quality standards will be returned and replaced with compliant products at the Vendor’s expense. Payment will not be made for any non-compliant materials. I. REJECTION OF DELIVERY. • The City reserves the right to refuse delivery of any product which does not meet Federal, State, and local rules and regulations to which the supply and delivery of the specified chemicals applies. The City reserves the right to cancel any such item(s) and obtain such items from another source on the open market, if necessary. J. TIMELY DELIVERY. • Time will be of the essence for any orders placed as a result of this bid. 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 in Item D. ORDER/DELIVERY, pages 16-17. The City reserves the right to cancel the order and make such purchases on the open market, if necessary. K. EMERGENCY, OCCUPATIONAL HEALTH AND SAFETY. • The awarded Vendor shall provide the City with contact information for its designated representatives to be reached twenty-four (24) hours a day, seven (7) days a week, including holidays in case of emergency due to spill, equipment failure, or weather. • At Vendor's own cost and expense, Vendor shall comply with all laws, ordinances, rules, and regulations of the federal, state and local laws and Occupational Safety and Health Administration (OSHA) authorities and departments relating to or affecting the work hereunder, DETAILED SPECIFICATIONS Swimming Pool Chemicals 19 ITB #36-21 and shall secure and obtain any and all permits, licenses, certifications and consents as may be necessary in connection therewith. • In compliance with Chapter 442, Florida Statutes, any item delivered to the City resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). This MSDS will be reviewed by the City, and if approved, the materials, product or chemical can be used. If the MSDS is rejected, the Vendor must identify a substitute within seven (7) days that will meet the City’s criteria for approval. The MSDS must be maintained by the user agency and must include the following information: i. The chemical name and the common name of the toxic substance. ii. The hazards or other risks in the use of the toxic substance, including: • The potential for fire, explosion, corrosion, and reactivity; • The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and • The primary routes of entry and symptoms of overexposure. iii. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of over-exposure. iv. The emergency procedure for spills, fire, disposal, and first aid. v. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. vi. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. L. SPILL PROCEDURES. • The Vendor shall be responsible for any spills and/or leaks resulting from delivery or faulty equipment. All incidents must be reported immediately to a City representative and the Vendor is responsible for appropriate actions used to clean up the spill. If the Vendor has not begun a clean-up remediation within thirty (30) minutes of the spill, the City will hire a certified hazardous material handling company and the cost of such service will be charged to the Vendor. If the spill is due the City’s equipment and not the fault of the Vendor, such as a faulty pipe, valve, or level indication, the Vendor will be relieved of cleanup and/or charges. M. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. • Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation systems, vehicles, etc. on or around the job site. Damage to public and/or private property shall be the responsibility of the Vendor and shall be repaired and/or replaced at no additional cost to the City. N. AWARD. • The City intends to award term contract(s) to the lowest responsive and responsible bidder(s) in each category as defined on the Bid Pricing Form on page 24. Vendors interested in responding to this ITB may provide a price for a single, multiple, or all the categories of services in this solicitation. Vendors providing services in more than one (1) category may be awarded multiple categories. The City reserves the right to award some, none, or all of the services categories described in this solicitation. DETAILED SPECIFICATIONS Swimming Pool Chemicals 20 ITB #36-21 4. REFERENCES. Vendor shall provide with bid a minimum of three (3) current customer references where the Vendor has performed similar work, preferably for a public agency of similar size in the last five (5) years. 8. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition, when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: DETAILED SPECIFICATIONS Swimming Pool Chemicals 21 ITB #36-21 City of Clearwater Attn: Procurement Division, ITB #36-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Swimming Pool Chemicals 22 ITB #36-21 1. BEGINNING AND END DATE OF INITIAL TERM. October 2021 – September 2022. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year (change as appropriate) renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Producer Price Index for PPI 0613 Basic inorganic Chemicals, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION Swimming Pool Chemicals 23 ITB #36-21 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested) Bid container properly labeled Bid pricing form Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form Minimum of three customer (3) references W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Swimming Pool Chemicals 24 ITB #36-21 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to supply and deliver Swimming Pool Chemicals to the City of Clearwater at the price(s) stated below. Item Description Estimated Annual QTY Frequency Delivery location(s) Unit Per Bid Amount per Unit Liquid Chlorine (Sodium Hypochlorite 10-12% available chlorine) 33,720 As Needed Various/All Gallon Muriatic Acid (Hydrochloric Acid 31.45-37% 20-22 Degrees Baum) 35 As Needed Various Gallon Muriatic Acid (Hydrochloric Acid 31.45-37% 20-22 Degrees Baum) 46 As Needed Various 15 Gallons Muriatic Acid (Hydrochloric Acid 31.45-37% 20-22 Degrees Baum) 55 As Needed Various 55 Gallon Drum Sulfuric Acid (40%) 136 As Needed Various 15 Gallons Calcium Hypochlorite - Pulsar Granules (65%) 6 As Needed Various 25lb. Bag Calcium Hypochlorite - Pulsar Granules (65%) 4 As Needed Various 100lb. Bag Sodium Bicarbonate (100%) 375 As Needed Various/All 50lb. Bag DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices shall include all freight and transportation charges PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Swimming Pool Chemicals 25 ITB #36-21 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION Swimming Pool Chemicals 26 ITB #36-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. SCRUNTINZED COMPANIES FORM SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by ______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Swimming Pool Chemicals 28 ITB #36-21 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: REFERENCES Swimming Pool Chemicals 30 ITB #36-21 Instructions: Vendor shall provide with bid a minimum of three (3) current customer references where the Vendor has performed similar work, preferably for a public agency of similar size in the last five (5) years. Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 3 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Swimming Pool Chemicals 31 ITB #36-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #36-21, Swimming Pool Chemicals Due Date: July 6, 2021, at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #36-21, Swimming Pool Chemicals Due Date: July 6, 2021, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9523 Agenda Date: 8/19/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2021-2022 in the amount of $252,549.84 to underwrite the cost of additional Community Policing services by the Clearwater Police Department in the Downtown Gateway District, Prospect Lake District, and the Downtown Core District, encompassed by the CRA to address quality of life issues, drug dealing, prostitution, and homelessness and authorize the appropriate officials to execute same. (consent) SUMMARY: Quality of life issues, drug dealing, prostitution, and homelessness, all negatively impact the re-development plans. Additional community policing resources are needed to effectively address these issues above and beyond the level provided by routine road patrol functions. An allowable funding source of this active item is the use of CRA Tax Increment Financing (TIF) funds. Florida Statutes allows for the use of TIF funds for “community policing innovations” in the Community Redevelopment Areas. The CRA is providing an additional $40,000 to work with the police department to develop a community policing co-responder program. The program will assist police officers with connecting persons encountered in the CRA area with services needed to address homelessness, mental health, drug addiction and physical support services. The CRA and Clearwater Police Department have reached an agreement on a proposed scope of services and terms as delineated in the Interlocal Agreement. Included in the scope is the delineation of specific, measurable crime reduction targets by which to monitor the success of the initiative as well as providing clear language required by statute assuring that the resources are applied to the CRA/Downtown Gateway area. APPROPRIATION CODE AND AMOUNT: Funding for this Interlocal Agreement will be from CRA Project Code R2001 Community Policing. Page 1 City of Clearwater Printed on 8/17/2021 INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this ________ day of _____________, 2021 by and between the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), a redevelopment agency established pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the State of Florida. WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the “Florida Interlocal Cooperation Act of 1969”; and WHEREAS, Section 163.387(6)(c)(8) of the Florida Statutes allows for the use of Tax Increment Funding (TIF) funds for community policing innovations in Community Redevelopment Areas; and WHEREAS, the CRA has ascertained that the Downtown Gateway District, Prospect Lake District, and Downtown Core District, continue to experience a critical need for an enhanced community policing presence in order to specifically reduce drug dealing, prostitution and street crimes in the target area, and address quality of life issues; and WHEREAS, the CRA and the CITY first entered into an Interlocal Agreement during the Fiscal Year 2008-2009 in order to provide for the CRA's financial contribution to an additional community policing presence by the CITY in the Downtown Gateway area above and beyond the current activity levels; and WHEREAS, the CRA has funded two police officers for Fiscal Years 2012-2013, 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019, 2019-2020 and 2020-2021 and wants to continue the use of TIF funds to fund the program; and WHEREAS, the CRA and the CITY recognize that police officers encounter persons with a wide variety of social, mental and physical health needs and require additional support to connect people with options other than jail, emergency rooms or shelters; and WHEREAS, the CRA and the CITY want to enter into another Interlocal Agreement during the Fiscal Year 2021-2022, outlining the scope of services and responsibilities of the parties. NOW THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the CRA and the CITY agree as follows: Interlocal Agreement between CRA/CPD FY 2021/22 2 Section 1. Term. The term of this Interlocal Agreement will be October 1, 2021 through September 30, 2022. Section 2. Intent. It is the intent of the parties that the TIF funds paid to the CITY by the CRA pursuant to Section 163.361(1), Florida Statutes, be used to provide a more visible community policing presence within the Community Redevelopment Area which includes the Downtown Gateway District, Prospect Lake District, and Downtown Core District. Section 3. Responsibilities of the CRA Function: Provide TIF funding in the total amount of $252,549.84 for the contract year, said funds to be utilized by the Clearwater Police Department (CPD) to provide the additional community policing presence, to be allocated in the following manner: A. $206,050 to pay for the salaries, and benefits for two (2) police officers for the contract year. Exhibit "A," Position Enhancement Fact Sheet, attached hereto and incorporated by reference, contains detailed specifications on salary and benefits. B. $6,499.84 the estimated fuel cost for the contract year for a police vehicle used by the two (2) police officers within the Community Redevelopment Area. C. $40,000 to pay for a community policing co-responder program. The co-responder program will assist police officers with connecting persons encountered in the CRA with services needed to address homelessness, mental health, drug addiction, and physical support services. Section 4. Responsibilities of the CITY Scope of Duties. The services that the CITY will provide will be carried out by the CPD. These services are: A) Implementation of a Law Enforcement Strategy in the Community Redevelopment Area as follows: Goal 1: Reduce the sale of illegal narcotics and reduce the prevalence of prostitution. Objective 1: Eliminate sales and distribution of illegal narcotics. Interlocal Agreement between CRA/CPD FY 2021/22 3 Tasks: a) Identify street level dealers which may be engaging in sales of illegal narcotics; b) Gather intelligence information through proactive law enforcement techniques, utilizing undercover techniques and surveillance equipment; and c) Conduct regular plainclothes operations to determine if illegal narcotics are being offered for sale in the Community Redevelopment Area. Outcome Measures: a) Conduct a minimum of six (6) operations to determine if individuals in the Community Redevelopment Area are selling illegal narcotics. b) File criminal charges against anyone where probable cause is established that they are selling illegal narcotics. c) If any retail establishments are found to be engaging in the sales of illegal narcotics, the Florida Division of Alcoholic Beverages and Tobacco will be notified so that administrative action may be taken against those establishments which hold licenses to sell alcoholic beverages. Objective 2: Reduce incidence of prostitution and solicitations by "Johns" in the target area. Tasks: a) Conduct prostitution operations in the Community Redevelopment Area utilizing police officers as decoys; b) Utilize directed patrols to discourage prostitutes and "Johns" from frequenting the area; and c) Seek prosecution enhancements for repeat offenders that commit prostitution and solicitation offenses when applicable. Outcome measures: a) Conduct minimum of six (6) prostitution operations annually in the Community Redevelopment Area. b) File criminal charges against anyone where probable cause is established that they are either engaging in or soliciting prostitution. Interlocal Agreement between CRA/CPD FY 2021/22 4 Goal 2: Address homeless issues in the Community Redevelopment Area. Objective 1: Participate in the city’s homeless initiative. Tasks: a) Utilize directed patrol in areas known to be frequented by homeless individuals for the purpose of locating homeless encampments and identifying homeless persons new to the area or not known to the CRA officers; b) Enforce statutes and ordinances against public drinking, public urination, loitering or prowling, etc.; c) Utilize the “no trespass” affidavit program when authorized to address public safety interests in the target area; and d) Participate in activities/programs related to homelessness, as appropriate. Outcome measure: a) 100% of reported or observed violations of criminal law or ordinances will result in arrest, report, citation, warning, or referral to the appropriate social services agency; b) 100% of observed or reported trespass violations will result in trespass warnings, or arrest when authorized by Florida State Statute within the Community Redevelopment Area; c) CRA officers will complete Field Interview Reports (FIRs) in the appropriate circumstances. Goal 3: Improve safety and security of residents and businesses in the Community Redevelopment Area. Objective 1: Enhance code enforcement activities and identify properties meeting the criteria for referral to the Nuisance Abatement Board. Tasks: a) Coordinate with the CRA and the City's Code Compliance Department to enhance code enforcement in the target area relative to properties that are in disrepair and negatively impact the quality of life in the East Gateway; and b) Identify those properties meeting the criteria for referral to the Nuisance Abatement Board to discourage criminal behavior at those locations. Interlocal Agreement between CRA/CPD FY 2021/22 5 Outcome Measures: a) Conduct regular inspections of properties that are in disrepair and negatively impact the quality of life in the East Gateway, on a schedule as agreed upon the CRA, Code Enforcement Inspector, and CPD; and b) Identify and report to the CRA negative environmental factors (need for improved street lightning, vacant buildings, neglected properties, etc.) c) Identify and refer all properties determined to meet the criteria for referral to the Nuisance Abatement Board and provide the necessary documentation to support that referral. Objective 2: Enhance the relationship between the residential neighborhoods and the police department and increase the perception of safety through enhanced community policing efforts. Tasks: a) Conduct regular park, walk and talk (PWT) activities in the Community Redevelopment Area; and b) Make citizen contacts during PWT activities for the purpose of community relations and information gathering. c) Design and implement a co-responder program that provides a community advocate for those in the CRA who police officers come into contact with who need assistance connecting with available services to address homelessness, mental health, drug addiction, and other physical support services. Outcome Measures: a) CRA officers will conduct a minimum of four (4) PWT activities in the Community Redevelopment Area per week. b) CRA officers will document the outcome of the PWT activities in the TriTech clearance notes for that PWT. B) In order to carry out the Law Enforcement Strategy above, the CPD will provide the following: 1. Two (2) fully-equipped police officers to provide law enforcement services to the target area defined as the East Gateway for a minimum of 40 hours per week. 2. Specific duties, activities, and responsibilities: Interlocal Agreement between CRA/CPD FY 2021/22 6 a) The officers will be assigned to a Community Policing Team with geographical responsibility for the Community Redevelopment Area only; b) The Team assignment will always ensure coverage by two (2) officers; c) Schedules of the officers will vary based on the determination of the CRA and CPD management to best serve the residents and business owners in the Community Redevelopment Area. CRA shall be notified of significant changes of officers’ schedules or assignments; d) Officers will patrol by either vehicles, foot, or bicycles; e) A report of police activities and statistical information will be provided to the CRA on a monthly and yearly basis; and f) The officers selected will be experienced, current members of the CPD. 3. An existing, fully-equipped Police Car. a) All CRA funds pursuant to this agreement will be kept in the CPD's departmental account. b) No charges to the CRA account will be made for activities or hours worked by the two (2) officers outside the Community Redevelopment Area or for equipment used outside the Community Redevelopment Area. c) Other administrative duties as mutually agreed. Section 5. Notice. Sixty (60) days notice by either party to the other pursuant to the Interlocal Agreement shall be given in writing and hand-delivered or mailed as follows: Clearwater Community Redevelopment Agency Attn: Amanda Thompson, CRA Director PO BOX 4748 Clearwater, Florida 33756 Telephone: (727) 562-4072 City of Clearwater Attn: William B. Horne II, City Manager PO BOX 4748 Clearwater, Florida 33756 Telephone: (727) 562-4046 Interlocal Agreement between CRA/CPD FY 2021/22 7 Section 6. Entire Agreement. This document embodies the whole Agreement of the parties. There are no promises, terms, conditions or allegations other than those contained herein. This Agreement shall be binding on the parties, their successors, assigns and legal representatives. Section 7. Indemnification. The CRA and the CITY agree to be fully responsible for their own acts of negligence, or their respective agents’ acts of negligence when acting within the scope of their employment and agree to be liable for any damages resulting from said negligence only to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability that the CRA and the CITY are entitled to under the doctrine of sovereign immunity (Section 768.28, Florida Statutes). Nothing herein shall be construed as consent by the CRA or the CITY to be sued by third parties in any manner arising out of this Agreement. Section 8. Maintenance of Effort. The expenditures authorized by this Agreement are solely and exclusively to increase community policing activity and resources. The City agrees that no diminishment of existing police efforts in the East Gateway will occur as a result of this agreement. Section 9. Filing Effective Date. As required by Section 163.01(11), Florida Statutes, the Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County after execution by the parties and shall take effect upon the date of filing. IN WITNESS WHEREOF, the parties hereto, or their law representatives, have executed this agreement as the date first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: ______________________________ Frank V. Hibbard, Chairperson Approved as to form: Attest: ____________________________ _______________________________ Michael Fuino Rosemarie Call CRA Attorney City Clerk Interlocal Agreement between CRA/CPD FY 2021/22 8 Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: _____________________________ Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ____________________________ _______________________________ Matt Smith Rosemarie Call Assistant City Attorney City Clerk 7/21/2021-8:38 AM 1 Officer 1 Officer 2 Officers Base Salary 73,749.00 73,509.00 147,258.00 Pension 15,155.00 15,106.00 30,261.00 Social Security 1,002.00 1,055.00 2,057.00 Major Medical 13,411.00 10,436.00 23,847.00 Life Insurance 10.00 10.00 20.00 Workers Compensation 1,301.45 1,301.45 2,602.90 104,630.00 101,420.00 206,050.00 Fuel $6,499.84 TOTAL 212,549.84 Police Department - CRA Funded Officers For FY 2021/22 EXHIBIT "A" Position Enhancement Fact Sheet G4549 Period Amount Period 1 $283.45 Period 2 $189.16 Period 3 $145.74 Period 4 $326.68 Period 5 $331.63 Period 6 $348.30 Average:$270.83 Annual:$3,249.92 Summary Results: I pulled the past five months of fuel costs for G4541 to come up with the average monthly fuel costs. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9531 Agenda Date: 8/19/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve acceptance of University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management (IPTM), High Visibility Education (HVE) and Enforcement Campaign for Pedestrian and Bicycle Safety Grant Award in the amount of $21,455.01 for police overtime and authorize the appropriate officials to execute same. (consent) SUMMARY: The Clearwater Police Department (CPD) was granted approval by the Resource Management Committee to submit a grant application under the state HVE program to continue its grant-funded pedestrian and bicycle safety project. The grant has been officially awarded in the amount of $21,455.01 and CPD now seeks approval to accept it. CPD has conducted eight grant-funded comprehensive enforcement/education projects since March 2014 aimed at changing the behavior of all who use Clearwater’s roadways - pedestrians, bicyclists, and motorists. Due to the success of the previous projects, the University would like to see Clearwater continue to build upon what it has already accomplished. CPD will again carefully select a pool of patrol officers/sergeants for this project who have demonstrated a sincere interest and affinity for traffic, bicycle, and pedestrian enforcement. The details will be worked by this select group of officers, focusing on those areas with a high volume of crashes compared to other parts of the city, have a high volume of pedestrian traffic, or both. The project period will commence within 30 days of the contract execution date and will end on or before May 13, 2022. As with the previous grants, selected officers will receive specific training as required on traffic enforcement and educational opportunities with the public prior to implementation of the project. CPD will also work closely with the University during the project period to ensure accurate data collection and to advise of any problems or successes that are accomplished. CPD will continue to get the word out about the project through a variety of means. CPD’s Public Safety Information Officer will distribute a minimum of two releases, as outlined in the Page 1 City of Clearwater Printed on 8/17/2021 File Number: ID#21-9531 agreement. There will be no direct adverse impact to the Police Department annual operating budget nor is there a required match. APPROPRIATION CODE AND AMOUNT: Special project number G2110 - Pedestrian/Bicycle Safety Grant 2022, will be established to account for the grant expenditures. Page 2 City of Clearwater Printed on 8/17/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9422 Agenda Date: 8/19/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Approve Amendment No. 1 for the Fire Protection Services Agreement between Pinellas County and City of Clearwater to add reimbursement for Marine 49 and Engine 50 to the Clearwater Fire District and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Fire Protection Authority is a special district created for the purpose of providing fire protection services throughout the unincorporated areas of Pinellas County, pursuant to Chapter 73-600, Laws of Florida. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide fire protection services, including the City of Clearwater, for the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. Pinellas County Fire Protection Authority will continue to compensate Clearwater Fire and Rescue for the fiscal year commencing October 1, 2019 and ending midnight September 30, 2024, which may be extended for an additional five-year period following the initial term, provided that the Parties mutually agree in writing to such extension which is subject to Authority and Contractor approval prior to July 1, 2024. This agreement provides for reimbursement of fire stations and apparatus as outlined in the projected capital projects in Appendix A. The County will pay its proportionate share of the capital expenditure based upon the percentage of unincorporate area within the Fire District. Amendment No. 1, effective October 1, 2021, will add Marine 49 to the capital projects for water rescue services within the Clearwater Fire District in FY 2021-2022 and Fire Engine 50 in Fiscal Year 2023-2024. All terms of the initial Agreement will remain in full force and effect, and the Contractor and Authority agree that Amendment No. 1 will run concurrent with the Fire Protection Services Agreement. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/17/2021 FIRE PROTECTION SERVICES AGREEMENT AMENDMENT NO. 1 CITY OF CLEARWATER 2021 PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY 12490 Ulmerton Road Largo, Florida 33774 Fire Protection Services Agreement Page 2 FIRE PROTECTION SERVICES AGREEMENT AMENDMENT NO. 1 THIS FIRST AMENDMENT made this _______ day of ____________ 2021 between the CITY OF CLEARWATER, a Florida municipal corporation (“Contractor”) and PINELLAS COUNTY (“County”), by and through its Board of County Commissioners (“Board”). In consideration of the mutual benefits set forth below, the parties agree as follows: 1. Contractor currently contracts with the County to provide Fire Protection Services. The Contractor and the County are currently parties to the Fire Protection Services Agreement, dated September 24, 2019, which contract is referred to herein as the “Agreement.” 2. Appendix A of the 2019 Agreement is hereby deleted and replaced with Amended Appendix A, which is attached hereto and made a part hereof by reference. All references in the 2019 Agreement to Appendix A shall mean Amended Appendix A. 3. In FY21-22, the Contractor will purchase a marine rescue unit. This unit is reflected in the Amended Appendix A. Upon receipt of the written request from Contractor, the County will pay its proportionate share of the capital expenditure based upon the percentage of unincorporated area within the Fire District. 4. Except as is otherwise set out herein, the Contractor and the County agree that upon approval by the respective Boards of the Contractor and the County and upon signing this First Amendment, all terms of the 2019 Agreement will remain in full force and effect. 5. Contractor and County agree that the effective date is October 1, 2021. [Signature Page to Follow] Fire Protection Services Agreement Page 3 IN WITNESS WHEREOF the parties hereto, by and through their undersigned authorized officers have caused this Agreement to be executed on this __________day of _________________, 2021. ATTEST: PINELLAS COUNTY, KENNETH BURKE, CLERK by and through its governing body, the Pinellas County Board of County Commissioners, sitting as the Fire Protection Authority by: ___________________________ by: ________________________________ Deputy Clerk Chairman Countersigned: CITY OF CLEARWATER, FLORIDA by: __________________________ by: ____________________________ Mayor City Manager Approved as to Form: Attest: by: __________________________ by: ____________________________ Assistant City Attorney City Clerk Fire Protection Services Agreement Page 4 APPENDIX A FUNDING METHODOLOGY PROFILE FY19-20 Preliminary Tax Roll Just Value Real Property % Incorporated $ 16,417,663,144.00 88.69% Unincorporated $ 2,094,004,309.00 11.31% Total $ 18,511,667,453.00 100.00% Per 2019 Taxable Value Preliminary Roll 07-01-19 per the Pinellas County Property Appraiser. The funding calculation shall be based upon the July 1st Tax Roll and the lower of the Submitted Budget request or the Adopted Budget each Fiscal Year. Fire Protection Services – Anticipated Capital Projects (Updated) Fiscal Year Fire Station Related Apparatus Related FY19-20 None Truck 48 FY20-21 None Engine 49 Engine 51 FY21-22 None Staff Vehicle - CL610 Marine 49 FY22-23 Station 46 Station 47 Engine 48 FY23-24 None Engine 50 FIRE BUDGET TYPE FIRST RESPONDER & FIRE COMBINED Clearwater FY 19-20 Fire Protection Services Estimated Net Operating Budget Estimated County % Estimated County Annual Funding $ 18,424,515.00 11.31% $ 2,083,812.65 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9470 Agenda Date: 8/19/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Authorize an increase to Purchase Order 21000897, InSource Software Solutions, Inc. of Richmond, VA, for additional SCADA licenses and associated software maintenance in a not-to-exceed amount of $115,138.38 for a two-year term, effective July 1, 2021 through June 30, 2023, and increase the authorization for existing licenses ($35,994.97 through 6/30/2022) by an estimated amount of $37,254.79 to allow for and extension of the support of existing licenses from July 1, 2022 through June 30, 2023 bringing the new cumulative total $188,388.14 between 6/1/2021 and 6/30/2023, pursuant to Clearwater Code of Ordinances 2.563(1)(a) Single Source, and authorize the appropriate officials to execute same. (consent) SUMMARY: InSource Software Solutions, Inc. is the sole provider for the SCADA Software, which is utilized for day-to-day plant operations and assists Plant Operators in management of the city’s water and wastewater facilities. This software provides real time data for plant operation to staff as they maintain the plants in compliance with Florida Department of Environmental Protection (FDEP) rules. This item represents a reconfiguration and upgrade of our current SCADA system, as well as an expansion of the number of terminals the city uses, and includes licensing and maintenance costs through June 30, 2023. Because the agreement did not begin on 7/1/2021, the total amount expended should not reach the total not to exceed amount. APPROPRIATION CODE AND AMOUNT: Budgeted funds are available in Public Utilities’ cost centers to cover the cost of the contract for FY21. Funding for the period in fiscal year FY22 will be requested within contract calendar and spending limits. 7/1/2021 - 06/30/2022 Existing licenses support cost $35,994.97 7/1/2021 - 06/30/2023 New licenses and support cost $115,138.38 7/1/2022 - 06/30/2023 Existing licenses support cost estimated $37,254.79 (based on a 3.5% increase from previous year, July 1, 2021 through June 30, 2022) Page 1 City of Clearwater Printed on 8/17/2021 May 28,2021 Kervin St. Aimie City of Clearwater 1605 Harbor Dr Clearwater FL 33755-1824 REF: Representation of AVEVA Operator Interface Products This letter is to certify that Wonderware Southeast (aka lnSource Solutions) is the only authorized distributor in the area of industrial operator interface products from AVEVA and the only company authorized by AVEVA to sell and support our products. - As the exclusive distributor of AVEVA operator interface products in Florida, Wonderware Southeast is the only authorized distributor in the area for City of Clearwater to purchase Wonderware software and support. AVEV A industrial operator interface products may be procured and supported by contacting Wonderware Southeast. Please call me or anyone at Wonderware Southeast whenever we can be of service. Sinc~rely, Eric Talbott AVEVA Software, LLC Commercial Operations Manager Ph: 949-639-8609 AVEV A Software, LLC 26561 Rancho Parkway South Lake Forest, CA 92630 USA Phone: +1 949 727 3200 Fax: + 1 949 727 3270 in linkedin.com/company/aveva ~ @avevagroup ~ PUBLIC UTILITIES-ADMIN L 1650 N ARCTURAS AVE L BLDGC CLEARWATER, FL 33765 T Phone: 727-562-4960 0 ¥ INSOURCE SOFTWARE SOLUTIONS N PO BOX 72804 D RICHMOND, VA 23235 0 R ' 1 PART# CF-CIT-10-7001R Purchase Order Page 1 of 1 Purchase Order# 21000897 Purchase Order is subject to standard Terms and Conditions posted at www.myclearwater.com/purchaseorder-TandC S PUBLIC UTILITIES-ADMIN 7 1650 N ARCTURAS AVE p BLDG C CLEARWATER, FL 33765 T Phone: 727-562-4960 0 CUSTOMER FIRST-CITECT SCADA-STANDARD LEVEL- RENEWAL 1.0 EA $24,118.3 $24,118.34 START DATE: 711/21 -6/30/22 2 PART# CF-HST-10-7001R CUSTOMER FIRST-VIJEO HISTORIAN-STANDARD LEVEL SUPPORT -RENEWAL START DATE: 7/1/21 -6/30/22 By: La_j llJ&, ePfJ6 Procurement Manager 1.0 EA $11,876.63 $35,994.97 $35 994.97 fe9 #72/0JL/30 PUBLIC UTILITIES REQUISITION REQUEST FORM Select Type X Sole Source NOTE: Exempt from bidding2.564(1)(b): SOLE SOURCE LETTER ADDRESSED TO CITY AND DIRECTOR (OR DESIGNEE) JUSTIFICATION ATTACHED. (complete Sole Source section below) Standardization-NOTE: Exempt from bidding 2.564(1)(e): IMPRACTICAL TO BID (Complete Sole Source Section below and state why it is impractical to bid) $1,000 -$2,499.99 Purchasing a Fixed Asset (Quote for equipment) $2,500-$50,000 (3 Quotes) $50,000 -$99,999 (Formal Bid) $100,000 (Agenda City Council Approval) Note: Certificate of Insurance is required for vendor on City property or working on City asset DATE 4/15/2020 VENDOR INSOURCESOLUTIONS AMOUNT $35,994.97 SHIP TO PUADMIN VENDOR EMAIL RHINKLE@INSOURCESS.COM RICH. HINKLE804-419-9141 Marshall Williams mwilliams@insourcess.com Send PO to: orderentry@insourcess.com EMPLOYEE KERVIN ST. AIM IE ACCTCODE MULTIPLE CODES SEE ATTACHED BREAKDOWN C../e = q2.{) SOLE SOURCE SECTION What are we buying? Software Maintenance RenewalforCitect How do you intend to use the product/service? Citect SCADA support is provided by lnsource Solutions to help maintain Public Utilities SCADA systems properly function throughout the Wastewater & Water Plants Estimated cost/timeframe? $35,994.97 one year 7/1/20-6/30/21 What is the benefitforthe agency/city/public? Public Utilities has selected CitectSCADA as it software which collects plant data and presents this information so plant staff can properly operate the facility remotely. What about this vendor makes them a single source? Wonderware Southeast(aka lnSource Solutions) is the only company authorized by AVEVA to sell and supportWonderware software and support. What is unique about the product? This software communicates with the plant's instruments and provides feedback to the staff. The staff uses this information to properly operate the plant. Is there an alternative available? Yes If so, why is not acceptable? Due to the cost of changing system, an alternative is not feasible. Revised: 5/11/18 May 28,2021 Kervin St. Aimie City of Clearwater 1605 Harbor Dr Clearwater FL 33755-1824 REF: Representation of AVEVA Operator Interface Products This letter is to certify that Wonderware Southeast (aka lnSource Solutions) is the only authorized distributor in the area of industrial operator interface products from AVEVA and the only company authorized by AVEVA to sell and support our products. - As the exclusive distributor of AVEVA operator interface products in Florida, Wonderware Southeast is the only authorized distributor in the area for City of Clearwater to purchase Wonderware software and support. AVEVA industrial operator interface products may be procured and supported by contacting Wonderware Southeast. Please call me or anyone at Wonderware Southeast whenever we can be of service. Sincerely, Eric Talbott AVEVA Software, LLC Commercial Operations Manager Ph: 949-639-8609 AVEVA Software, LLC 26561 Rancho Parkway South Lake Forest, CA 92630 USA Phone: +1 949 727 3200 Fax:+ 1 949 727 3270 in linkedin.com/company/aveva W @avevagroup Wednesday, June 9, 2021 City of Clearwater Kervin St Aimie Water Pollution Control 1605 Harbor Dr Clearwater, FL 33755-1824 kervin.staimie@myclearwater.com Dear Kervin, lnSource appreciates the opportunity to continue to support your organization's operations with AVEVA'sCitect Customer First renewal. Yourprogram includes: • All security releases and new version upgrades, when they become available (without an active software maintenance agreement, upgrades alone cost roughly 50% of the current list price of your licenses). • Domestic phone/email technical support from a team of trained and certified specialists in our Davidson, NC office. Unlike a national call center, our local team offers the familiarity you need. • Tech Alert communications and access to the lnSource and Wonderware software support websites: lnSource Solutions Customer First Center Aveva(Citect) Knowledge & Support Center Here is the quote to renew your agreement. To place your order, please provide the following information to orderentrv@insourcess.com or fax to 804.378.8648 • Purchase orderwith the lnSource quote number • Tax exemption certificate (if exempt) o If you are not tax exempt, add state and county tax amounts to your purchase order. • Credit application (if applicable) Taxes, shipping, handling, and other fees may apply Please contact me if I can be of further assistance on this or other matters. Marshall Williams Account Manager InSource Solutions 704.895.9753 . " Quote #021999 v5 , , . . · _Wednesd~y; June 9, 2021 . . . . . 1/4 Software Maintenance Renewal for Citect Quote Information: Prepared for: Account Executive: Prepared by: Quote#: 021999 Version: 5 City of Clearwater Kervin StAimie Water Pollution Control 1605 Harbor Dr Wednesday, June 9, 2021 Expiration Date: 06/30/2021 Clearwater, FL 33755-1824 kervin.staimie@myclearwater.com (727) 562-4994 x1 Annual Maintenance Renewal CF- CIT- 10- 7001R CF- .HST- 10- 7001R Customer FIRST -Citect SCADA-Standard Level- Renewal .Customer FIRST -Vijeo · Historian -Standard L~vel·· .Support-Repewal · Site ID: 5476 City of ClearwaterWat er Pollution Control1605 Harbor DrCiearwater FL 33755- 1824 City o( .· ··; qearwaterWat. er Pqllution Controli60~ Harbor · · .. bi-Ciearw'ater .fL 33755:-~ 1.824 -... Marshall Williams Marshall Williams 704.895.9753 704.895.9753 mwilliams@insourcess.co mwilliams@insourcess.com m 7/1/2021 6/30/2022 $24,118.34 .7/1/2021 .6/30(2022 .$11,8';76.63 ,•.' Subtotal: $35,994.97 Quote #0?_1~~9 y5 ·~. ,-, . . : .. :. ·, . , :. ¥1/,ednes<;fay,Jufl~ .~, ~Qf.~;,, "",: . . .. _.,::, .. .:·.: · ..... : : .. · •· . _;.:.·:.,. . 2{4. Quote Summary Annual Maintenance Renewal · · Total: Payment Terms: Net 45 Quote #0~1999 vS . _ . . . '{Vednesday, _Ju11e 9, 2021 _ . . . . . · ... z 3/4 Additional Information About Order *List of supported licenses available upon request from your Customer First Representative* Wonderware (Aveval Customer First Client Brochure lnSource Solutions Customer First Center lnSource Training Center * Important note regarding expiration: Customer First Maintenance Agreements carry no "grace period" beyond the maintenance agreement expiration date. If an agreement is allowed to lapse, the customer has the following 60 days to renew with a mandatory 10% penalty fee. Beyond 60 days, the renewal still requires a 10% penalty AND the agreement loses its license volume-based discount. Order Terms: Taxes, Shipping, handling and other fees may apply. Your order will be processed after we receive your purchase order at orderentry@insourcess.com or by fax at 804-378-8648. We reserve the right to cancel orders arising from pricing or other errors. In certain circumstances, tariffs may impact the pricing of products and services relied upon by ISS from it's vendors. In such a case where a Quotation is affected by a tariff after its issuance, ISS reserves the right to withdraw it's Quotation and offer a new Quotation based upon pertinent impacts of tariffs. Products/Maintenance: See Payment Terms Above. Training: Pre-pay or payment of invoice prior to class attendance. Services: Net 30 Days from date of invoice with approved credit and credit limit. Time & Expense Services invoiced weekly as consumed. Fixed Cost Services (including Ready to Go Services) invoiced 50% at time of order and 50% upon project completion. Travel and Living Expenses billed separately and at cost. NOTE: You may receive separate invoices for individual Products, Maintenance, Training, Services. Remit-To Address: lnSource Solutions, PO Box 72804, Richmond, VA23235 After You Order: After Purchase Order acceptance, order processing takes 3-5 business days. The first portion of the order will arrive via email(s) directly from Aveva and will contain activation links and codes for Wonderware Online lnStudio. The second portion will arrive via email from lnSource and will contain a link to download media (if needed) along with an attached ZIP file consisting of license file(s), license certificate(s) and the maintenance agreement. Invoicing occurs within 48 hours of delivery of the lnSource email. Freight, if required, is FOB shipping point -freight is prepaid and added to the invoice. ISS Standard Terms and Conditions apply and can be viewed here . . Qttote #021999 vS .. .. . . Wedr}esdav., June 9, 20~.1 . . ; . . . . . .. . . 4/4 City of Clearwater New Citect Licenses with Maintenance We have prepared a quote for you QUOTE #022583 V6 PREPARED FOR 804.378.8981 mwilliams@insourcess.com www.insource.solutions 804.378.8981 mwilliams@insourcess.com www.insource.solutions City of Clearwater Kervin St Aimie Water Pollution Control 1605 Harbor Dr Clearwater, FL 33755-1824 kervin.staimie@myclearwater.com Dear Kervin, Wednesday, July 28, 2021 Thank you for your business. InSource is committed to the revitalization of manufacturing in America. In support of this effort, we focus on making clients more productive and more profitable. For many years, we have provided software, hardware, services, and consulting. Through these engagements, we identified multiple dimensions that have impact on the success of an organization. We have found that there is great value in providing industrial IT software or hardware or implementation services. Yet, the value our clients realize is multiplied and has greater potential to be sustained when several dimensions are addressed in concert. We work hard to correct misconceptions about manufacturing while reviving interest. We reach out in our communities to educate and support the next generation of manufacturers. We provide solutions and services that help our clients compete globally, and we do it because we are passionate about manufacturing. Ask me how we can help Please send your purchase order to orderentry@insourcess.com or by fax to 804.378.8970. Note: when sending purchase orders, please include a copy of your company's tax exempt certificate, if applicable. This omission could delay your order. Melisa January Sales Support Partner Richmond, VA Page 2 of 7Quote #022583 v6 Jul 28, 2021 804.378.8981 mwilliams@insourcess.com www.insource.solutions Plant North East - New Purchase Item Description Price Qty Ext. Price (8) New 5000 Point Clients for: Remote Chief Operator, Control Room 1, Control Room 2, BFP Building, Twins Building, Filter Building, Reuse Building, Primary Pump House CT102014 Citect SCADA Control Client, 5000 Points $3,180.00 8 $25,440.001 CT109921 Citect Historian USB Key $108.00 8 $864.002 CT102288 Citect SCADA, Web Control Client, Redundant license $185.00 8 $1,480.003 CF-CIT-10- 7050 Customer FIRST - Citect SCADA - Adding New Purchases to existing SupportCoverage period 7/1/2021 - 6/30/2023 $8,695.50 1 $8,695.504 Subtotal:$36,479.50 Plant East - New Purchase Item Description Price Qty Ext. Price (3) New 1500 Point Clients for: Control Room 1, Control Room 2, Remote Chief Operator CT102213 Citect SCADA, Web Control Client, 1500 Points $2,740.00 3 $8,220.005 CT109921 Citect Historian USB Key $108.00 3 $324.006 CT102288 Citect SCADA, Web Control Client, Redundant license $185.00 3 $555.007 CF-CIT-10- 7050 Customer FIRST - Citect SCADA - Adding New Purchases to existing SupportCoverage period 7/1/2021 - 6/30/2023 $2,797.03 1 $2,797.038 Subtotal:$11,896.03 Plant Marshall - New Purchase Item Description Price Qty Ext. Price (6) New 5000 Point Clients for: Filter Building, Maintenance Building, Control Room 1, Control Room 2, Reuse Building, Blower Building CT102214 Citect SCADA, Web Control Client, 5000 Points $3,180.00 6 $19,080.009 CT109921 Citect Historian USB Key $108.00 6 $648.0010 Page 3 of 7Quote #022583 v6 Jul 28, 2021 804.378.8981 mwilliams@insourcess.com www.insource.solutions Plant Marshall - New Purchase Item Description Price Qty Ext. Price CT102288 Citect SCADA, Web Control Client, Redundant license $185.00 6 $1,110.0011 CF-CIT-10- 7050 Customer FIRST - Citect SCADA - Adding New Purchases to existing SupportCoverage period 7/1/2021 - 6/30/2023 $6,435.56 1 $6,435.5612 Subtotal:$27,273.56 Plant RO1 - New Purchase Item Description Price Qty Ext. Price (2) New 5000 Point Clients for: Control Room 1, Control Room 2 CT102214 Citect SCADA, Web Control Client, 5000 Points $3,180.00 2 $6,360.0013 CT109921 Citect Historian USB Key $108.00 2 $216.0014 CT102288 Citect SCADA, Web Control Client, Redundant license $185.00 2 $370.0015 CF-CIT-10- 7050 Customer FIRST - Citect SCADA - Adding New Purchases to existing SupportCoverage period 7/1/2021 - 6/30/2023 $2,145.19 1 $2,145.1916 Subtotal:$9,091.19 Plant RO2 - New Purchase Item Description Price Qty Ext. Price New, Secondary Server for Server Room Matches Serial Number 0480-53115 for Primary Server CT101114 Citect SCADA Server, 5000 Points $10,085.00 1 $10,085.0017 CT102014 Citect SCADA Control Client, 5000 Points $3,180.00 1 $3,180.0018 CT102214 Citect SCADA, Web Control Client, 5000 Points $3,180.00 1 $3,180.0019 CT109921 Citect Historian USB Key $108.00 1 $108.0020 New Client for Fred's Office CT102214 Citect SCADA, Web Control Client, 5000 Points $3,180.00 1 $3,180.0021 CT109921 Citect Historian USB Key $108.00 1 $108.0022 Page 4 of 7Quote #022583 v6 Jul 28, 2021 804.378.8981 mwilliams@insourcess.com www.insource.solutions Plant RO2 - New Purchase Item Description Price Qty Ext. Price CF-CIT-10- 7050 Customer FIRST - Citect SCADA - Adding New Purchases to existing SupportCoverage period 7/1/2021 - 6/30/2023 $6,255.47 1 $6,255.4723 Subtotal:$26,096.47 Plant WTP3 - New Purchase Item Description Price Qty Ext. Price (1) New 5000 Point Clients for: Control Room CT102214 Citect SCADA, Web Control Client, 5000 Points $3,180.00 1 $3,180.0024 CT109921 Citect Historian USB Key $108.00 1 $108.0025 CF-CIT-10- 7050 Customer FIRST - Citect SCADA - Adding New Purchases to existing SupportCoverage period 7/1/2021 - 6/30/2023 $1,013.63 1 $1,013.6326 Subtotal:$4,301.63 Page 5 of 7Quote #022583 v6 Jul 28, 2021 804.378.8981 mwilliams@insourcess.com www.insource.solutions City of Clearwater Kervin St Aimie Water Pollution Control 1605 Harbor Dr Clearwater, FL 33755-1824 kervin.staimie@myclearwater.com (727) 562-4994 x1 Richmond, VA Marshall Williams 704.895.9753 mwilliams@insourcess.co m Quote #: 022583 New Citect Licenses with Maintenance Version: 6 Delivery Date: 07/28/2021 Expiration Date: 08/31/2021 Prepared by:Prepared for:Quote Information:Account Executive: Richmond, VA Melisa January 804.419.1353 mjanuary@insourcess.com Quote Summary Description Amount Plant North East - New Purchase $36,479.50 Plant East - New Purchase $11,896.03 Plant Marshall - New Purchase $27,273.56 Plant RO1 - New Purchase $9,091.19 Plant RO2 - New Purchase $26,096.47 Plant WTP3 - New Purchase $4,301.63 Total $115,138.38 Taxes, Shipping, handling and other fees may apply. Your order will be pre-processed awaiting final processing after we receive your purchase order at orderentry@insourcess.com or by fax at 804.378.8970. We reserve the right to cancel orders arising from pricing or other errors. In certain circumstances, tariffs may impact the pricing of products and services relied upon by ISS from its vendors. In such a case where a Quotation is affected by a tariff after its issuance, ISS reserves the right to withdraw its Quotation and offer a new Quotation based upon pertinent impacts of tariffs. Payment Terms:Net 45 Signature Date Page 6 of 7Quote #022583 v6 Jul 28, 2021 804.378.8981 mwilliams@insourcess.com www.insource.solutions Delivery and Payment Terms General Delivery Terms Software/Maintenance:3-5 Business Days for Electronic Delivery. *Requests for physical delivery of software (when available) must be made at time of order. Hardware:2-3 weeks for pre-built/off-the-shelf hardware 3-8 weeks for custom/build-to-order hardware 4-8 weeks after drawing approval for Strongarm build-to-order enclosures Services:Per Contract Agreement Onsite Training:Date to be negotiated after receipt of order, but generally no sooner than 30 days from date of order receipt FOB:Shipping Point – Freight is prepaid and added to invoice Standard Payment Terms NOTE: You may receive separate invoices for individual Products, Maintenance, Training, and/or Services Products/Maintenance:Net 30 Days from date of invoice with approved credit/credit limit Training:Pre-pay or payment of invoice prior to class attendance Services:Net 30 Days from date of invoice with approved credit/credit limit Time & Expense Services invoiced weekly as consumed Fixed Cost Services (including Ready to Go Services) invoiced 50% at time of order and 50% upon project completion Travel and Living Expenses billed separately and at cost Remit to Address InSource Solutions PO Box 72804 Richmond, VA 23235 Page 7 of 7Quote #022583 v6 Jul 28, 2021 Standard Terms and Conditions - InSource Software Solutions, Inc. InSource Standard Terms & Conditions – Rev. November 2020 - City of Clearwater FL Priority. These Terms and Conditions govern the sale and purchase of the Products, Software and/or Services as defined herein that are provided by InSource Software Solutions, Inc. (“ISS”) as set forth in the applicable Quotation or Purchase Order (collectively, the “Order”) to Client (as identified in the Order). These Terms and Conditions constitute an integral part of the contract between ISS and Client for the purchase of the Products, Software and/or Services set forth in the applicable Order. By signing the Order or any similar ordering document, Client shall be deemed to enter into a purchase order for the subject Products, Software and/or Services and to agree and acknowledge specifically that (a) Client has read and understands and agrees to these Terms and Conditions; (b) that the Order (or similar ordering document), including these Terms and Conditions, constitutes a "writing signed by Client" under any applicable law or regulation; and (c) Client consents to the electronic delivery of the disclosures contained in these Terms and Conditions. Any changes in these Terms and Conditions must be specifically agreed to in writing signed by an authorized officer of ISS. In the event of a conflict between these Terms and Conditions and different terms and conditions set forth in an Order, these Terms and Conditions shall prevail unless the inconsistent term in the Order expressly states otherwise. All capitalized terms and phrases used herein but not otherwise defined shall have the same meanings given to them in the Order. Definitions. • “Perpetual License” is a license for computer software that is not limited in duration. • “Product” means the computer hardware that Client purchases from ISS. The Product may be sold directly by ISS, or through ISS by a third party. • “Services” means the relevant combination of the Software Services, Technical Services, and Technical Support & Maintenance. • “Software” means the software offered as an FTP download or other direct provision that is loaded onto Client’s hardware or into an environment owned or controlled by Client. • “Software Services” means the software provided by ISS either as a hosted, cloud-based or remote solution. ISS controls the hardware upon with the Software Services are loaded and from which the Software Services are provisioned to Client. • “Solution” or “Solutions”” means the content, methodologies, hardware, software, deliverables, or documentation provided to Client pursuant to any Order. • “Technical Services” means the professional services provided to Client on a time & materials, or other agreed upon basis. • “Technical Support & Maintenance” means the services through which ISS supports Client’s use of the Software & Software Services. Term and Termination. The Term of any Order shall be as set forth in the Order. If not otherwise specified, the Term shall commence as of the date of execution of the Order and expire at the later of the date ISS receives final payment for all Products, Software, Solutions, and/or Services provided, or the date ISS completes its provision of the applicable Products, Software, Solutions, and/or Services that are the subject of the Order. Orders accepted by ISS may be canceled by Client only with the written consent of ISS (which ISS may withhold) and upon payment of reasonable cancellation or restocking charges as specified in the applicable Order. ISS shall have the right to cancel any order or to refuse or delay the shipment or provision thereof for failure of Client to make payments due or for any acts or omissions that delay or impair ISS’s performance. In the event of bankruptcy or insolvency of Client, or in the event any proceeding is brought by or against Client, voluntarily or involuntarily, under any provision of the Bankruptcy Act or any insolvency law, ISS shall be entitled to cancel any order then outstanding, at any time during the period allowed for filing claims against the estate, and shall receive reimbursements for its reasonable and proper cancellation charges. The Ownership, Intellectual Property Indemnification, Governing Laws, Disclaimer of Warranty, Limitation of Liability provisions and those other provisions that by their nature are intended to remain in effect after the termination of the applicable Order shall survive such termination or expiration. Upon termination of the Order, Client will no longer have access to the Solution as defined herein. Furthermore, ISS reserves the right to suspend Client’s access to the Solution in the event of late renewal, restoring access upon payment in full. ISS also reserves the right to revise these Terms and Conditions upon commencement of any new Term. License. Solutions—and components thereof—are licensed, not sold to Client. As between ISS and Client, ISS shall be the sole and exclusive owner of all right, title, and interest therein, including without limitation, all copies thereof, all updates and other modifications thereto, and all intellectual property rights therein, whether suggested, created, made, or provided by ISS, Client, or Client’s affiliates, and users of the Solution shall not acquire any right, title, or interest in any Solution or components of it. To the extent that any of these parties has or does acquire any such right, title, or interest, Client, on behalf of itself and its affiliates, shall assign and hereby assigns it to ISS. 1) Subscription. ISS may offer its Solution on a subscription basis (“Subscription”) for a time period agreed to by the parties pursuant to the applicable Order. For such Subscriptions, Client will be assessed the fee agreed upon by the parties for that Subscription period. Client access to the Solution may be restricted or terminated if a Subscription is terminated or not renewed on a timely basis. Client must provide a minimum of 30-days written notice to terminate any Subscription prior to the next scheduled billing date or renewal anniversary, and such termination will be subject to a 25% penalty of: 1.) the remaining Subscription fee, if any; or 2.) the total Subscription fee of the then-current term, whichever is greater. a) AVEVA FLEX Subscriptions: i) Virtual credits purchased by the Client may be redeemed to create a license file allowing access and use of a variety of interchangeable products. Credits will be allotted to respective twelve calendar month periods (each a “Year”). Once activated, licenses begin consuming Credits on a monthly basis as prorated against the annual Credit consumption schedule listed for that product. ii) To the extent permitted by applicable law, at the end of each year, any Credits not consumed will be lost and cannot be carried over into the next Year of the subscription. iii) “Right to use” and “right to access” licenses under the AVEVA Flex Credit program include Support without an additional fee. Clients will not have an option to obtain licenses without also obtaining support. In the event the Client wants higher levels of support, they may select either the Premium or the Elite support for a corresponding upcharge in their subscription over their chosen tiered price. b) AVEVA FLEX Modernization Offering or CustomerFIRST Migrations to FLEX Subscription: i) If Client chooses not to renew their FLEX Subscription at the end of the first 3-year term, Client will migrate back to a traditional Perpetual license model. The cost to migrate back to Perpetual licensing will be equal to 80% of the license value acquired during the term of the FLEX Subscription Agreement. Any FLEX license acquired during the term will be reverted to its closest perpetual equivalent, if one exists. In the event a perpetual equivalent does not exist, Client will be required to discontinue use of the FLEX license immediately. ii) The 80% fee to reinstate to perpetual cost will not factor in Client install base owned prior to entering into the Enterprise Subscription. iii) Note: For each Perpetual License converted by Client to a FLEX Software Subscription License, the FLEX Software Subscription License will replace the corresponding Perpetual license, and such Perpetual license will be terminated. 2) Perpetual License. ISS may offer a perpetual license in the Solution. Payments for perpetual licenses are due according to the timeline elaborated in the relevant Order. If Client does not pay its license fee according to the ascribed deadline, ISS reserves the right to suspend access. Access to such items will be re-instituted upon full payment of any outstanding amounts relating to any perpetual license. Quotation. Any quotation (“Quotation”) issued by ISS is firm for thirty (30) days from the Quotation Date unless otherwise set forth on the cover page of such Quotation. The pricing in the Quotation applies only to the Product, Software, Solution, and/or Software Services type and quantity set forth therein. ISS may, at its option, change the Product, Software and/or Services pricing and other terms for any subsequent sales of the applicable Product, Software and/or Software Services after the initial Quotation. Quotations are based in part on prices offered by ISS’s vendors. In certain circumstances, tariffs may impact the pricing of products and services relied upon by ISS from its vendors. In such a case where a Quotation is affected by a tariff after its issuance, ISS reserves the right to withdraw its Quotation and offer a new Quotation based upon pertinent impacts of tariffs. Prices. The applicable prices are only those specified in the Order and, unless expressly specified therein, do not include applicable destination charges or taxes. Prices, as set forth in the Order, are subject to change when interruptions, delays, or changes in the quality, quantity or scope of the applicable Products, Software and/or Services are caused or requested by Client. Taxes. In addition to the prices set forth in the Order, Client agrees to pay an amount equal to any and all applicable federal, state and local taxes, duties and other levies, which amounts shall be an additional charge to Client. Title and Delivery. Any Products will be shipped FOB ISS’s shipping location (whether an ISS facility or the facility of the third-party provider) at the cost of Client. In the absence of specific instructions from Client, ISS will select the carrier and, at its discretion, ship “collect” or prepaid, but shall not be deemed thereby to assume any liability in connection with the shipment nor shall the carrier be construed to be an agent of ISS. Client must provide its own insurance for all such shipments. Title and risk of loss or damage to the applicable Products shall pass from ISS to Client upon their delivery by ISS to the carrier. Any claims for loss or damage or misdelivery shall be filed with the carrier. Payment. Terms of payment shall be net thirty (30) days from date of invoice as set forth in the payment terms in the Order. Interest on late payments will accrue at a rate of 1.5% per month, or the highest rate allowed by law, if less. In case of return of any Product or Software in an Order by Client owing to defects covered by warranty, the invoice shall be paid within the term stated, for the amount corresponding to the quantity of Product and/or Software accepted. Notwithstanding the foregoing, Client shall not make reductions on the invoice unit price or quantities without prior written approval of ISS. Client shall pay ISS for all reasonable costs (including legal fees) of collecting payments that are overdue. Client shall not charge any service, licensing, or other fee to ISS related to invoice processing and shall pay or reimburse ISS for any such fee charged by any third party which Client requires ISS to use in connection with processing ISS’s invoices to Client. Cancellation. In the event of an alleged default by ISS, no cancellation by Client shall be effective unless ISS shall have failed to correct such alleged default within forty-five (45) days after receipt by ISS of written notice of default from Client. Once accepted by Client in writing, any order for Product, Software or Services pursuant to the applicable Order is firm and non-cancelable. Inspection and Acceptance. All Software shall be deemed accepted by Client upon delivery. With respect to Technical Services, Client must notify ISS in writing of any deficiencies in the Technical Services within thirty (30) days of ISS’s completion of the same, as set forth in the Order. All Technical Services shall be deemed accepted by Client after such thirty (30) day period elapses. Software Services shall be deemed accepted once accessed via the Internet. Software and Solutions. Any and all Software and Solutions provided hereunder are provided pursuant to a non-exclusive, terminable, license. Nothing herein shall constitute the sale or purchase of any Software or Solution or grant Client any right, title or interest in or to any Software, Solution, or components of them, unless otherwise expressly provided in an Order. In all cases (e.g., whether the Software and Solution are ISS-developed products or whether the Software and Solution are third-party software that is sublicensed or distributed by ISS), Client shall be subject to and hereby agrees to comply with the terms and conditions of these Terms and Conditions and the applicable End User License Agreement (“EULA”) or analogous document for that specific Software or Solution. Except with respect to payment terms, the terms and conditions of such software license or EULA shall control to the extent that any such terms and conditions conflict with these Terms and Conditions. The Software Services are governed by these Terms and Conditions and any online agreement presented to Client (including, without limitation, Client’s employees, contractors, and agents) prior to initial use of the Software Services. Services. To the extent that ISS provides Technical Services or Technical Support & Maintenance under the applicable Order, the following terms shall apply. Unless otherwise agreed in the Order, Technical Services shall be performed between the hours of 8:00 a.m. and 5:00 p.m. Eastern Time (provided that Services provided on site at Client’s facility shall be performed during the above-listed hours in the time zone in which Client’s facility is located). Services shall be provided on an eight (8) hour “person day” basis. When employees or contractors of ISS are required to travel outside the metropolitan areas of their primary work locations, Client shall reimburse ISS for reasonable travel and meal expenses actually incurred by ISS that have been authorized by Client in advance (provided, however, that any travel expenses listed or estimated in an Order shall be deemed approved in advance). ISS shall itemize and include such travel expenses in its invoices to Client for Services, as set forth in the applicable Order. Upon Client’s written request, ISS shall provide receipts or other appropriate documentation. For clarity, unless otherwise provided in an Order, these terms shall not apply to custom work performed under a master services agreement (including customization of Software provided in an Order), even if these Terms and Conditions are executed in addition to such agreement. Ownership. ISS will retain all right, title and interest in and to all methodologies, processes, improvements, designs, tools, algorithms and information used by ISS to deliver the any of the Services (including, without limitation, the Software Services) hereunder (“Know-how”). Client agrees that ISS’s Know-how constitutes Confidential Information (as set forth below), has tangible value and includes trade secret information of ISS. ISS shall retain all rights to the Know-how, including all copyrights therein, and no license to Client under any patent, copyright, trademark or other intellectual property right of ISS is either granted or implied by Client’s receipt of any Know-how or ISS’s use of any Know-how during the course of its provision of the Services hereunder. Client agrees that all work performed by ISS pursuant to an Order shall be owned by ISS unless otherwise specified in an Order. ISS shall accordingly have the sole and exclusive right to seek registration of any work resulting from ISS’s services under the terms of the Order with the United States Copyright Office as the sole author thereof. Limited Warranty. Products. ISS warrants only that Products sold and supplied by ISS or delivered shall conform to the standard physical characteristics for the applicable Products as defined within the applicable Product specifications supplied by ISS in connection with the Order. ISS warrants that the Products shall conform to the Product specifications for a period of one (1) year after the date of delivery to Client (the “Warranty Period”). If, during the Warranty Period, any Product is found to be defective in material or workmanship, ISS, at its option, shall replace or repair the defective Product; provided, however, that such repair or replacement is Client’s sole and exclusive remedy for receipt of a defective Product. This warranty is non-transferable and applies only to the original purchaser of the Product(s); any resale of the Product(s) without the express, prior, written permission of ISS shall render this warranty void. This warranty does not extend to damage or wear caused by misuse, negligence, accident, corrosion, modification by the Client, faulty installation, loss of product, or tampering in a manner to impair normal operation of the equipment or software. Software. The warranty applicable to Software licensed by ISS to Client is set forth in the applicable EULA for the specific Software product that is the subject of such license. Client’s sole and exclusive remedy for receipt of defective Software is as set forth in the EULA. A Client requiring the pertinent EULA may contact ISS at clientservices@insourcess.com. Services. ISS warrants that the Technical Services shall be performed in a good and workmanlike manner and shall conform to the specifications, if any, set forth in the applicable Order. If Technical Services are found not to conform to the specifications within ninety (90) days from the time of completion of the Technical Services, ISS shall correct such defects, provided that written notice of a claimed defect is given promptly upon discovery and within the services warranty period. ISS’s re-performance of any Technical Services found to be defective is Client’s sole and exclusive remedy for receipt of any defective Technical Services. Third Party Products or Software. ISS warrants Products or Software supplied by third parties only to the extent that such third parties allow ISS to pass through to Client the warranties of such third parties. To the extent permitted, ISS shall assign to Client any such applicable warranties. Client’s sole remedy for a breach of such warranty shall be the remedy offered by and available from the third-party supplier. Products or Software from third parties which are not accompanied by third-party warranties are sold on an “AS IS” basis. Disclaimer of Warranties. ISS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW, CONTRACT OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEROPERABILITY OR NON-INFRINGEMENT, ALL OF WHICH ARE SPECIFICALLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ISS’S WARRANTIES AS HEREIN SET FORTH SHALL NOT BE ENLARGED, DIMINISHED, OR OTHERWISE AFFECTED BY, NOR SHALL ANY OBLIGATION OR LIABILITY OF ISS ARISE OUT OF ISS’S PROVIDING TECHNICAL SERVICES OR TECHNICAL SUPPORT & MAINTENANCE IN CONNECTION WITH THE PRODUCTS, SOFTWARE OR SOFTWARE SERVICES FURNISHED HEREUNDER. Intellectual Property Indemnification. Client shall indemnify and hold ISS harmless from and against any expenses, damages, costs or losses including attorneys’ fees, resulting from any suit or proceeding instituted or claim asserted (including settlement of any of the foregoing)(collectively, “Claims”), for infringement of third-party patents, copyrights, trademarks or other intellectual property rights under the laws of the United States or any other nation, arising from (a) ISS’s compliance with Client’s designs or specifications; (b) the use of the Products or Software in any manufacturing or other process; or (c) the combination of the Products or Software with items not supplied by or specified by ISS. This indemnification shall not be construed as a waiver of the City’s sovereign immunity of the limitations of §768.28, Florida Statutes. The value of this indemnification is limited to the lesser of the amount payable by the City under the substantive provisions of this Agreement, or the limitations of §768.28, Florida Statutes. This provision is not intended to nor shall be interpreted as limiting or in any way affecting any defense the City may have under §768.28, Florida Statutes or as consent to be sued by third parties. Limitation of Liability. LIABILITY OF ISS TO CLIENT FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ANY ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE SHALL BE LIMITED TO THE PRICE SPECIFIED IN THE APPLICABLE ORDER FOR THE SPECIFIC PRODUCT, THE COMPONENT OF SOFTWARE OR THE SERVICE RENDERED THAT CAUSED THE DAMAGES OR THAT IS THE SUBJECT MATTER OF, OR IS DIRECTLY OR INDIRECTLY RELATED TO THE CAUSE OF ACTION. IN NO EVENT SHALL ISS BE LIABLE TO CLIENT OR OTHERS FOR LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF USE OR OTHER SPECIAL COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION THEREOF, WHETHER IN CONTRACT OR IN TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM AGAINST CLIENT BY ANY THIRD PARTY. CLIENT ASSUMES ALL LIABLITY FOR ANY AND ALL DAMAGES ARISING FROM OR IN CONNECTION WITH, THE USE OR MISUSE OF THE PRODUCTS OR SOFTWARE BY CLIENT, ITS EMPLOYEES, OR OTHERS. Force Majeure. ISS will not be responsible or liable for any delay or failure in performance arising as a result of fire, accident, acts of God, acts of public enemy, war, labor disputes, failure or delays, transportation, inability to secure product, raw materials or machinery for the manufacturing process, requirements or acts of any government or agency thereof, judicial action or other causes beyond ISS’s control. In such event, ISS may defer performance for a period equal to the time lost by reason of the delay. If such time exceeds 45 days, ISS may by written notice to Client cancel the applicable Order as to any Products, Software or Services then undelivered without liability to Client. Confidentiality. The parties recognize that, during the course of the provision of the Products, Software and/or Services, each of ISS and Client may have access to confidential or proprietary information belonging to the other party. The parties agree that any such confidential and proprietary information shall remain confidential. Each party agrees to use the same means it uses to protect its own proprietary or confidential information, but in any event, not less than reasonable means, to prevent the disclosure and protect the confidentiality of any of the following (collectively, “Confidential Information”): (a) written information received from the other party whether or not it is marked as confidential; and (b) oral or visual information disclosed by one party to another. Nothing in this Confidentiality provision shall prevent either party from disclosing Confidential Information that (i) is already known by the receiving party (so long as the Confidential Information was not received in violation of a previous confidentiality obligation of the receiving party or a third party); (ii) is publicly known or becomes publicly known without any breach of a confidentiality obligation by the receiving party; (iii) is received from a third party who is not under an obligation of confidentiality; (iv) is independently developed by the receiving party without the use of the disclosing party’s Confidential Information; or (v) is approved in writing by the disclosing party for disclosure. Nothing herein will prevent either party from disclosing the other party’s Confidential Information if required by a government agency or court of law; provided, however, that the party obligated to disclose such information shall promptly notify the other party of such obligation and reasonably cooperate in obtaining a protective order or other confidentiality agreement. If the parties may not obtain a protective order or other remedy, the parties will only disclose such portion of the Confidential Information that is required, by law, to be disclosed, and the parties will use reasonable best efforts to obtain assurances that the Confidential Information will be protected from public disclosure. Upon termination of the applicable Order and/or the completion of ISS’s provision of any Services hereunder and/or a disclosing party’s request, each party shall return or destroy all written, descriptive or tangible matter that contains or embodies the other party’s Confidential Information. The parties acknowledge that any unauthorized use or disclosure of Confidential Information would result in immediate and irreparable harm to the disclosing party for which monetary damages may not be adequate. Accordingly, either party shall be entitled to seek equitable relief in order to prevent such unauthorized use or disclosure or stop an ongoing unauthorized use or disclosure without the necessity of seeking a bond or other security. This Confidentiality obligation shall remain in effect for a period of two (2) years after termination or expiration of the Order to which these Terms and Conditions are attached; provided, however, that to the extent any Confidential Information also constitutes trade secret information, the obligations set forth herein shall remain in full force and effect with respect to such Confidential Information for so long as it remains trade secret under applicable law. Assignment. Client will not assign or subcontract its order, any interest therein or any right therein without the prior written consent of ISS. Nothing herein shall prevent ISS from subcontracting its performance of any of the Services hereunder to any affiliate or subsidiary or from assigning these Terms and Conditions to any affiliate or subsidiary or to any entity that acquires all or substantially all of ISS’s assets or securities. Governing Laws. Any dispute regarding the order (including the Terms) will be governed by and construed in accordance with the laws of the State of Florida (without regard to its conflict of laws’ provisions). Client agrees that it will submit to the personal jurisdiction of the competent courts of the Pinellas County Florida and the courts of the United States sitting in the Middle District of Florida (Tampa Division), in any controversy or claim arising out of the sale contract. Export Control. Client will comply fully with all export control laws and regulations of the United States Government and with any applicable laws and regulations of any other country and will indemnify, if requested, Company for any failure. Client agrees not to export or re-export either directly or indirectly any technical data furnished hereunder or the direct product of such technical data to any country that, as set forth in the Export Administration Regulations of the United States Department of Commerce, is prohibited. Severability of Provisions; Waiver: In the event of any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this contract will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. The waiver or failure of either party to exercise in any respect any right provided in this Agreement shall not be deemed a waiver of any further right under this Agreement. Independent Contractors. The relationship of the parties is that of individual independent contractors or of vendor and vendee and nothing contained herein shall be deemed to (i) create a joint venture or partnership among ISS and Client, or (ii) cause either party or any of their respective officers, agents or employees to be or become the agent or employee of the other party for any reason. Employee Solicitation. Client shall not solicit or hire for employment the employees of ISS with whom the party had contact during the course of providing services. This obligation shall continue for a period of 12 months following the completion of the most recent work performed or contacted. If Client breaches its obligations the Client shall, as liquidated damages and as full and complete compensation for such breach, pay ISS an amount equal to twenty-five (25%) percent of the total gross earnings of ISS generated by the affected employee for the preceding twelve (12) month period. Complete Agreement. The Order, including these Terms and Conditions and all attachments and documents incorporated by reference therein, constitutes the complete and exclusive statement of the terms and conditions of the contract between ISS and Client and supersedes all prior or contemporaneous agreements, representations and/or communications, either oral or written, between the parties hereto or any representative of such parties with respect to the subject matter hereof. No change to this contract or waiver of any provision hereof will be binding on ISS unless made in writing and signed by a duly authorized representative of ISS. Standard Terms and Conditions - InSource Software Solutions, Inc. InSource Standard Terms & Conditions – Rev. November 2020 - City of Clearwater FL QUOTE #22583 Priority. These Terms and Conditions govern the sale and purchase of the Products, Software and/or Services as defined herein that are provided by InSource Software Solutions, Inc. (“ISS”) as set forth in the applicable Quotation or Purchase Order (collectively, the “Order”) to Client (as identified in the Order). These Terms and Conditions constitute an integral part of the contract between ISS and Client for the purchase of the Products, Software and/or Services set forth in the applicable Order. By signing the Order or any similar ordering document, Client shall be deemed to enter into a purchase order for the subject Products, Software and/or Services and to agree and acknowledge specifically that (a) Client has read and understands and agrees to these Terms and Conditions; (b) that the Order (or similar ordering document), including these Terms and Conditions, constitutes a "writing signed by Client" under any applicable law or regulation; and (c) Client consents to the electronic delivery of the disclosures contained in these Terms and Conditions. Any changes in these Terms and Conditions must be specifically agreed to in writing signed by an authorized officer of ISS. In the event of a conflict between these Terms and Conditions and different terms and conditions set forth in an Order, these Terms and Conditions shall prevail unless the inconsistent term in the Order expressly states otherwise. All capitalized terms and phrases used herein but not otherwise defined shall have the same meanings given to them in the Order. Definitions. • “Perpetual License” is a license for computer software that is not limited in duration. • “Product” means the computer hardware that Client purchases from ISS. The Product may be sold directly by ISS, or through ISS by a third party. • “Services” means the relevant combination of the Software Services, Technical Services, and Technical Support & Maintenance. • “Software” means the software offered as an FTP download or other direct provision that is loaded onto Client’s hardware or into an environment owned or controlled by Client. • “Software Services” means the software provided by ISS either as a hosted, cloud-based or remote solution. ISS controls the hardware upon with the Software Services are loaded and from which the Software Services are provisioned to Client. • “Solution” or “Solutions”” means the content, methodologies, hardware, software, deliverables, or documentation provided to Client pursuant to any Order. • “Technical Services” means the professional services provided to Client on a time & materials, or other agreed upon basis. • “Technical Support & Maintenance” means the services through which ISS supports Client’s use of the Software & Software Services. Term and Termination. The Term of any Order shall be as set forth in the Order. If not otherwise specified, the Term shall commence as of the date of execution of the Order and expire at the later of the date ISS receives final payment for all Products, Software, Solutions, and/or Services provided, or the date ISS completes its provision of the applicable Products, Software, Solutions, and/or Services that are the subject of the Order. Orders accepted by ISS may be canceled by Client only with the written consent of ISS (which ISS may withhold) and upon payment of reasonable cancellation or restocking charges as specified in the applicable Order. ISS shall have the right to cancel any order or to refuse or delay the shipment or provision thereof for failure of Client to make payments due or for any acts or omissions that delay or impair ISS’s performance. In the event of bankruptcy or insolvency of Client, or in the event any proceeding is brought by or against Client, voluntarily or involuntarily, under any provision of the Bankruptcy Act or any insolvency law, ISS shall be entitled to cancel any order then outstanding, at any time during the period allowed for filing claims against the estate, and shall receive reimbursements for its reasonable and proper cancellation charges. The Ownership, Intellectual Property Indemnification, Governing Laws, Disclaimer of Warranty, Limitation of Liability provisions and those other provisions that by their nature are intended to remain in effect after the termination of the applicable Order shall survive such termination or expiration. Upon termination of the Order, Client will no longer have access to the Solution as defined herein. Furthermore, ISS reserves the right to suspend Client’s access to the Solution in the event of late renewal, restoring access upon payment in full. ISS also reserves the right to revise these Terms and Conditions upon commencement of any new Term. License. Solutions—and components thereof—are licensed, not sold to Client. As between ISS and Client, ISS shall be the sole and exclusive owner of all right, title, and interest therein, including without limitation, all copies thereof, all updates and other modifications thereto, and all intellectual property rights therein, whether suggested, created, made, or provided by ISS, Client, or Client’s affiliates, and users of the Solution shall not acquire any right, title, or interest in any Solution or components of it. To the extent that any of these parties has or does acquire any such right, title, or interest, Client, on behalf of itself and its affiliates, shall assign and hereby assigns it to ISS. 1) Subscription. ISS may offer its Solution on a subscription basis (“Subscription”) for a time period agreed to by the parties pursuant to the applicable Order. For such Subscriptions, Client will be assessed the fee agreed upon by the parties for that Subscription period. Client access to the Solution may be restricted or terminated if a Subscription is terminated or not renewed on a timely basis. Client must provide a minimum of 30-days written notice to terminate any Subscription prior to the next scheduled billing date or renewal anniversary, and such termination will be subject to a 25% penalty of: 1.) the remaining Subscription fee, if any; or 2.) the total Subscription fee of the then-current term, whichever is greater. a) AVEVA FLEX Subscriptions: i) Virtual credits purchased by the Client may be redeemed to create a license file allowing access and use of a variety of interchangeable products. Credits will be allotted to respective twelve calendar month periods (each a “Year”). Once activated, licenses begin consuming Credits on a monthly basis as prorated against the annual Credit consumption schedule listed for that product. ii) To the extent permitted by applicable law, at the end of each year, any Credits not consumed will be lost and cannot be carried over into the next Year of the subscription. iii) “Right to use” and “right to access” licenses under the AVEVA Flex Credit program include Support without an additional fee. Clients will not have an option to obtain licenses without also obtaining support. In the event the Client wants higher levels of support, they may select either the Premium or the Elite support for a corresponding upcharge in their subscription over their chosen tiered price. b) AVEVA FLEX Modernization Offering or CustomerFIRST Migrations to FLEX Subscription: i) If Client chooses not to renew their FLEX Subscription at the end of the first 3-year term, Client will migrate back to a traditional Perpetual license model. The cost to migrate back to Perpetual licensing will be equal to 80% of the license value acquired during the term of the FLEX Subscription Agreement. Any FLEX license acquired during the term will be reverted to its closest perpetual equivalent, if one exists. In the event a perpetual equivalent does not exist, Client will be required to discontinue use of the FLEX license immediately. ii) The 80% fee to reinstate to perpetual cost will not factor in Client install base owned prior to entering into the Enterprise Subscription. iii) Note: For each Perpetual License converted by Client to a FLEX Software Subscription License, the FLEX Software Subscription License will replace the corresponding Perpetual license, and such Perpetual license will be terminated. 2) Perpetual License. ISS may offer a perpetual license in the Solution. Payments for perpetual licenses are due according to the timeline elaborated in the relevant Order. If Client does not pay its license fee according to the ascribed deadline, ISS reserves the right to suspend access. Access to such items will be re-instituted upon full payment of any outstanding amounts relating to any perpetual license. Quotation. Any quotation (“Quotation”) issued by ISS is firm for thirty (30) days from the Quotation Date unless otherwise set forth on the cover page of such Quotation. The pricing in the Quotation applies only to the Product, Software, Solution, and/or Software Services type and quantity set forth therein. ISS may, at its option, change the Product, Software and/or Services pricing and other terms for any subsequent sales of the applicable Product, Software and/or Software Services after the initial Quotation. Quotations are based in part on prices offered by ISS’s vendors. In certain circumstances, tariffs may impact the pricing of products and services relied upon by ISS from its vendors. In such a case where a Quotation is affected by a tariff after its issuance, ISS reserves the right to withdraw its Quotation and offer a new Quotation based upon pertinent impacts of tariffs. Prices. The applicable prices are only those specified in the Order and, unless expressly specified therein, do not include applicable destination charges or taxes. Prices, as set forth in the Order, are subject to change when interruptions, delays, or changes in the quality, quantity or scope of the applicable Products, Software and/or Services are caused or requested by Client. Taxes. In addition to the prices set forth in the Order, Client agrees to pay an amount equal to any and all applicable federal, state and local taxes, duties and other levies, which amounts shall be an additional charge to Client. Title and Delivery. Any Products will be shipped FOB ISS’s shipping location (whether an ISS facility or the facility of the third-party provider) at the cost of Client. In the absence of specific instructions from Client, ISS will select the carrier and, at its discretion, ship “collect” or prepaid, but shall not be deemed thereby to assume any liability in connection with the shipment nor shall the carrier be construed to be an agent of ISS. Client must provide its own insurance for all such shipments. Title and risk of loss or damage to the applicable Products shall pass from ISS to Client upon their delivery by ISS to the carrier. Any claims for loss or damage or misdelivery shall be filed with the carrier. Payment. Terms of payment shall be net thirty (30) days from date of invoice as set forth in the payment terms in the Order. Interest on late payments will accrue at a rate of 1.5% per month, or the highest rate allowed by law, if less. In case of return of any Product or Software in an Order by Client owing to defects covered by warranty, the invoice shall be paid within the term stated, for the amount corresponding to the quantity of Product and/or Software accepted. Notwithstanding the foregoing, Client shall not make reductions on the invoice unit price or quantities without prior written approval of ISS. Client shall pay ISS for all reasonable costs (including legal fees) of collecting payments that are overdue. Client shall not charge any service, licensing, or other fee to ISS related to invoice processing and shall pay or reimburse ISS for any such fee charged by any third party which Client requires ISS to use in connection with processing ISS’s invoices to Client. Cancellation. In the event of an alleged default by ISS, no cancellation by Client shall be effective unless ISS shall have failed to correct such alleged default within forty-five (45) days after receipt by ISS of written notice of default from Client. Once accepted by Client in writing, any order for Product, Software or Services pursuant to the applicable Order is firm and non-cancelable. Inspection and Acceptance. All Software shall be deemed accepted by Client upon delivery. With respect to Technical Services, Client must notify ISS in writing of any deficiencies in the Technical Services within thirty (30) days of ISS’s completion of the same, as set forth in the Order. All Technical Services shall be deemed accepted by Client after such thirty (30) day period elapses. Software Services shall be deemed accepted once accessed via the Internet. Software and Solutions. Any and all Software and Solutions provided hereunder are provided pursuant to a non-exclusive, terminable, license. Nothing herein shall constitute the sale or purchase of any Software or Solution or grant Client any right, title or interest in or to any Software, Solution, or components of them, unless otherwise expressly provided in an Order. In all cases (e.g., whether the Software and Solution are ISS-developed products or whether the Software and Solution are third-party software that is sublicensed or distributed by ISS), Client shall be subject to and hereby agrees to comply with the terms and conditions of these Terms and Conditions and the applicable End User License Agreement (“EULA”) or analogous document for that specific Software or Solution. Except with respect to payment terms, the terms and conditions of such software license or EULA shall control to the extent that any such terms and conditions conflict with these Terms and Conditions. The Software Services are governed by these Terms and Conditions and any online agreement presented to Client (including, without limitation, Client’s employees, contractors, and agents) prior to initial use of the Software Services. Services. To the extent that ISS provides Technical Services or Technical Support & Maintenance under the applicable Order, the following terms shall apply. Unless otherwise agreed in the Order, Technical Services shall be performed between the hours of 8:00 a.m. and 5:00 p.m. Eastern Time (provided that Services provided on site at Client’s facility shall be performed during the above-listed hours in the time zone in which Client’s facility is located). Services shall be provided on an eight (8) hour “person day” basis. When employees or contractors of ISS are required to travel outside the metropolitan areas of their primary work locations, Client shall reimburse ISS for reasonable travel and meal expenses actually incurred by ISS that have been authorized by Client in advance (provided, however, that any travel expenses listed or estimated in an Order shall be deemed approved in advance). ISS shall itemize and include such travel expenses in its invoices to Client for Services, as set forth in the applicable Order. Upon Client’s written request, ISS shall provide receipts or other appropriate documentation. For clarity, unless otherwise provided in an Order, these terms shall not apply to custom work performed under a master services agreement (including customization of Software provided in an Order), even if these Terms and Conditions are executed in addition to such agreement. Ownership. ISS will retain all right, title and interest in and to all methodologies, processes, improvements, designs, tools, algorithms and information used by ISS to deliver the any of the Services (including, without limitation, the Software Services) hereunder (“Know-how”). Client agrees that ISS’s Know-how constitutes Confidential Information (as set forth below), has tangible value and includes trade secret information of ISS. ISS shall retain all rights to the Know-how, including all copyrights therein, and no license to Client under any patent, copyright, trademark or other intellectual property right of ISS is either granted or implied by Client’s receipt of any Know-how or ISS’s use of any Know-how during the course of its provision of the Services hereunder. Client agrees that all work performed by ISS pursuant to an Order shall be owned by ISS unless otherwise specified in an Order. ISS shall accordingly have the sole and exclusive right to seek registration of any work resulting from ISS’s services under the terms of the Order with the United States Copyright Office as the sole author thereof. Limited Warranty. Products. ISS warrants only that Products sold and supplied by ISS or delivered shall conform to the standard physical characteristics for the applicable Products as defined within the applicable Product specifications supplied by ISS in connection with the Order. ISS warrants that the Products shall conform to the Product specifications for a period of one (1) year after the date of delivery to Client (the “Warranty Period”). If, during the Warranty Period, any Product is found to be defective in material or workmanship, ISS, at its option, shall replace or repair the defective Product; provided, however, that such repair or replacement is Client’s sole and exclusive remedy for receipt of a defective Product. This warranty is non-transferable and applies only to the original purchaser of the Product(s); any resale of the Product(s) without the express, prior, written permission of ISS shall render this warranty void. This warranty does not extend to damage or wear caused by misuse, negligence, accident, corrosion, modification by the Client, faulty installation, loss of product, or tampering in a manner to impair normal operation of the equipment or software. Software. The warranty applicable to Software licensed by ISS to Client is set forth in the applicable EULA for the specific Software product that is the subject of such license. Client’s sole and exclusive remedy for receipt of defective Software is as set forth in the EULA. A Client requiring the pertinent EULA may contact ISS at clientservices@insourcess.com. Services. ISS warrants that the Technical Services shall be performed in a good and workmanlike manner and shall conform to the specifications, if any, set forth in the applicable Order. If Technical Services are found not to conform to the specifications within ninety (90) days from the time of completion of the Technical Services, ISS shall correct such defects, provided that written notice of a claimed defect is given promptly upon discovery and within the services warranty period. ISS’s re-performance of any Technical Services found to be defective is Client’s sole and exclusive remedy for receipt of any defective Technical Services. Third Party Products or Software. ISS warrants Products or Software supplied by third parties only to the extent that such third parties allow ISS to pass through to Client the warranties of such third parties. To the extent permitted, ISS shall assign to Client any such applicable warranties. Client’s sole remedy for a breach of such warranty shall be the remedy offered by and available from the third-party supplier. Products or Software from third parties which are not accompanied by third-party warranties are sold on an “AS IS” basis. Disclaimer of Warranties. ISS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW, CONTRACT OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEROPERABILITY OR NON-INFRINGEMENT, ALL OF WHICH ARE SPECIFICALLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ISS’S WARRANTIES AS HEREIN SET FORTH SHALL NOT BE ENLARGED, DIMINISHED, OR OTHERWISE AFFECTED BY, NOR SHALL ANY OBLIGATION OR LIABILITY OF ISS ARISE OUT OF ISS’S PROVIDING TECHNICAL SERVICES OR TECHNICAL SUPPORT & MAINTENANCE IN CONNECTION WITH THE PRODUCTS, SOFTWARE OR SOFTWARE SERVICES FURNISHED HEREUNDER. Intellectual Property Indemnification. Client shall indemnify and hold ISS harmless from and against any expenses, damages, costs or losses including attorneys’ fees, resulting from any suit or proceeding instituted or claim asserted (including settlement of any of the foregoing)(collectively, “Claims”), for infringement of third-party patents, copyrights, trademarks or other intellectual property rights under the laws of the United States or any other nation, arising from (a) ISS’s compliance with Client’s designs or specifications; (b) the use of the Products or Software in any manufacturing or other process; or (c) the combination of the Products or Software with items not supplied by or specified by ISS. This indemnification shall not be construed as a waiver of the City’s sovereign immunity of the limitations of §768.28, Florida Statutes. The value of this indemnification is limited to the lesser of the amount payable by the City under the substantive provisions of this Agreement, or the limitations of §768.28, Florida Statutes. This provision is not intended to nor shall be interpreted as limiting or in any way affecting any defense the City may have under §768.28, Florida Statutes or as consent to be sued by third parties. Limitation of Liability. LIABILITY OF ISS TO CLIENT FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ANY ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE SHALL BE LIMITED TO THE PRICE SPECIFIED IN THE APPLICABLE ORDER FOR THE SPECIFIC PRODUCT, THE COMPONENT OF SOFTWARE OR THE SERVICE RENDERED THAT CAUSED THE DAMAGES OR THAT IS THE SUBJECT MATTER OF, OR IS DIRECTLY OR INDIRECTLY RELATED TO THE CAUSE OF ACTION. IN NO EVENT SHALL ISS BE LIABLE TO CLIENT OR OTHERS FOR LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF USE OR OTHER SPECIAL COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION THEREOF, WHETHER IN CONTRACT OR IN TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM AGAINST CLIENT BY ANY THIRD PARTY. CLIENT ASSUMES ALL LIABLITY FOR ANY AND ALL DAMAGES ARISING FROM OR IN CONNECTION WITH, THE USE OR MISUSE OF THE PRODUCTS OR SOFTWARE BY CLIENT, ITS EMPLOYEES, OR OTHERS. Force Majeure. ISS will not be responsible or liable for any delay or failure in performance arising as a result of fire, accident, acts of God, acts of public enemy, war, labor disputes, failure or delays, transportation, inability to secure product, raw materials or machinery for the manufacturing process, requirements or acts of any government or agency thereof, judicial action or other causes beyond ISS’s control. In such event, ISS may defer performance for a period equal to the time lost by reason of the delay. If such time exceeds 45 days, ISS may by written notice to Client cancel the applicable Order as to any Products, Software or Services then undelivered without liability to Client. Confidentiality. The parties recognize that, during the course of the provision of the Products, Software and/or Services, each of ISS and Client may have access to confidential or proprietary information belonging to the other party. The parties agree that any such confidential and proprietary information shall remain confidential. Each party agrees to use the same means it uses to protect its own proprietary or confidential information, but in any event, not less than reasonable means, to prevent the disclosure and protect the confidentiality of any of the following (collectively, “Confidential Information”): (a) written information received from the other party whether or not it is marked as confidential; and (b) oral or visual information disclosed by one party to another. Nothing in this Confidentiality provision shall prevent either party from disclosing Confidential Information that (i) is already known by the receiving party (so long as the Confidential Information was not received in violation of a previous confidentiality obligation of the receiving party or a third party); (ii) is publicly known or becomes publicly known without any breach of a confidentiality obligation by the receiving party; (iii) is received from a third party who is not under an obligation of confidentiality; (iv) is independently developed by the receiving party without the use of the disclosing party’s Confidential Information; or (v) is approved in writing by the disclosing party for disclosure. Nothing herein will prevent either party from disclosing the other party’s Confidential Information if required by a government agency or court of law; provided, however, that the party obligated to disclose such information shall promptly notify the other party of such obligation and reasonably cooperate in obtaining a protective order or other confidentiality agreement. If the parties may not obtain a protective order or other remedy, the parties will only disclose such portion of the Confidential Information that is required, by law, to be disclosed, and the parties will use reasonable best efforts to obtain assurances that the Confidential Information will be protected from public disclosure. Upon termination of the applicable Order and/or the completion of ISS’s provision of any Services hereunder and/or a disclosing party’s request, each party shall return or destroy all written, descriptive or tangible matter that contains or embodies the other party’s Confidential Information. The parties acknowledge that any unauthorized use or disclosure of Confidential Information would result in immediate and irreparable harm to the disclosing party for which monetary damages may not be adequate. Accordingly, either party shall be entitled to seek equitable relief in order to prevent such unauthorized use or disclosure or stop an ongoing unauthorized use or disclosure without the necessity of seeking a bond or other security. This Confidentiality obligation shall remain in effect for a period of two (2) years after termination or expiration of the Order to which these Terms and Conditions are attached; provided, however, that to the extent any Confidential Information also constitutes trade secret information, the obligations set forth herein shall remain in full force and effect with respect to such Confidential Information for so long as it remains trade secret under applicable law. Assignment. Client will not assign or subcontract its order, any interest therein or any right therein without the prior written consent of ISS. Nothing herein shall prevent ISS from subcontracting its performance of any of the Services hereunder to any affiliate or subsidiary or from assigning these Terms and Conditions to any affiliate or subsidiary or to any entity that acquires all or substantially all of ISS’s assets or securities. Governing Laws. Any dispute regarding the order (including the Terms) will be governed by and construed in accordance with the laws of the State of Florida (without regard to its conflict of laws’ provisions). Client agrees that it will submit to the personal jurisdiction of the competent courts of the Pinellas County Florida and the courts of the United States sitting in the Middle District of Florida (Tampa Division), in any controversy or claim arising out of the sale contract. Export Control. Client will comply fully with all export control laws and regulations of the United States Government and with any applicable laws and regulations of any other country and will indemnify, if requested, Company for any failure. Client agrees not to export or re-export either directly or indirectly any technical data furnished hereunder or the direct product of such technical data to any country that, as set forth in the Export Administration Regulations of the United States Department of Commerce, is prohibited. Severability of Provisions; Waiver: In the event of any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this contract will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. The waiver or failure of either party to exercise in any respect any right provided in this Agreement shall not be deemed a waiver of any further right under this Agreement. Independent Contractors. The relationship of the parties is that of individual independent contractors or of vendor and vendee and nothing contained herein shall be deemed to (i) create a joint venture or partnership among ISS and Client, or (ii) cause either party or any of their respective officers, agents or employees to be or become the agent or employee of the other party for any reason. Employee Solicitation. Client shall not solicit or hire for employment the employees of ISS with whom the party had contact during the course of providing services. This obligation shall continue for a period of 12 months following the completion of the most recent work performed or contacted. If Client breaches its obligations the Client shall, as liquidated damages and as full and complete compensation for such breach, pay ISS an amount equal to twenty-five (25%) percent of the total gross earnings of ISS generated by the affected employee for the preceding twelve (12) month period. Complete Agreement. The Order, including these Terms and Conditions and all attachments and documents incorporated by reference therein, constitutes the complete and exclusive statement of the terms and conditions of the contract between ISS and Client and supersedes all prior or contemporaneous agreements, representations and/or communications, either oral or written, between the parties hereto or any representative of such parties with respect to the subject matter hereof. No change to this contract or waiver of any provision hereof will be binding on ISS unless made in writing and signed by a duly authorized representative of ISS. Standard Terms and Conditions - InSource Software Solutions, Inc. InSource Standard Terms & Conditions – Rev. November 2020 - City of Clearwater FL QUOTE #22583 Public Records. ISS will be required to comply with Section 119.0701, Florida Statutes, as may be amended from time to time. IF ISS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ISS’ DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. E-Verify. ISS and its Subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. ISS will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. Subcontractor must provide ISS with an affidavit stating that Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. ISS shall maintain a copy of such affidavit. The CITY may terminate this Agreement on the good faith belief that ISS or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If this Agreement is terminated pursuant to Florida Statute 448.095(2)(c), ISS may not be awarded a public contract for at least 1 year after the date of which this Agreement was terminated. ISS is liable for any additional costs incurred by the CITY as a result of the termination of this Agreement. See Section 448.095, Florida Statutes (2020). Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9130 Agenda Date: 8/19/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Authorize a purchase order to Sprinklermatic Fire Protection Systems, Inc of Seminole, FL., for safety testing, inspection, certification, and repair services of the fire sprinkler systems, in the not-to-exceed amount of $275,000 from July 1, 2021 through December 6, 2023, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Contracts, and authorize the appropriate officials to execute same. (consent) SUMMARY The Building & Maintenance Division’s fire sprinkler inspection, repair, replacement, and additions have been procured by obtaining quotes or piggybacking other government entities contracts. Staff is requesting the ability to piggyback an existing contract for Sprinklermatic Fire Protection Systems Inc. for various fire sprinkler inspection, certification, and repair services throughout the city for the duration of their respective contract. This will allow the City to benefit from pre-negotiated pricing on annual requirements of fire protection systems maintenance and repairs. Piggyback Contract: Pinellas County #178-0431-B(AM), Fire Protection Systems - Safety Testing, Inspection, Certification & repair services: Sprinklermatic Fire Protection Systems Inc., of Seminole, FL - expires December 6, 2023. Flexibility is requested to allow for expenditure of budgeted funds as needed throughout the year, in accordance with the intent of this general authorization. APPROPRIATION CODE AND AMOUNT: 5656531-530300 GSBM180008 - R&M - MTRLS Page 1 City of Clearwater Printed on 8/17/2021 FACILITY YEAR SQFT ADDRESS SPKLR ALARM ST.PIPE COMPLETED WO# CONTRACTOR BUILT PANEL Parks and Recreation Armory 1953 17,308 706 N Missouri Ave Y Y Y Beach Bathroom Building South 1989 288 07-29-15-52580-000-0010 Beach Bathrrom Bldg Mandalay 2010 900 05-29-15-16362-000-0160 Belmont Park 1970 576 1512 S MLK Carpenter Field Clubhouse 1967 23,280 651 N Coachman Rd Y Y Y Carpenter Field Maintenance Building 1994 1,431 651 N Coachman Rd Carpenter Field Training Bldg 2013 2,067 651 N Coachman Rd Carpenter Field Weight Room 1967 3,600 651 N Coachman Rd Cemetery Storage Building 2000 672 1300 S Myrtle Cherry Harris Park 2000 6,798 1141 Beckett Clearwater Bch Pool Bldg. 1995 3,122 51 Bay Esplande Y Y Y Clearwater Bch Recreation Cntr 1994 12,542 69 Bay Esplande Coachman Park/Band shell 1983 2,514 100 N Osceola Countryside Comm. Park Concession Bldg 2008 4,270 2640 Sabal Palms Dr Countryside Comm. Park Maint. Bldg 2008 1,040 2640 Sabal Palms Dr Countryside Community Rec. Ctr. 1996 25,140 2640 Sabal Palms Dr Y Y Y Countryside Plex Concession Bldg 2020 4,423 3060 N McMullen Rd Y Y YEd Wright Park 1960 1,869 1190 Russell St Eddie Moore East Chargers Bldg 1991 2,475 2988 Drew St Eddie Moore East Concession 1,2,3,4 1991 4,148 200 N McMullen Eddie Moore Fields 8&9 Batting Cage 1999 10,160 2780 Drew St Eddie Moore Fields 8&9 Concession 1999 1,936 3050 Drew St Y Y Y Eddie Moore West Concession Bldg 1999 4,030 2780 Drew St FDOT Bldg 3204 Gulf to Bay N N N Frank Tack Park 1972 665 1967 Hercukles Glen Oaks Restroom Building 2004 2,880 1345 Court Jack Russell Stadium Locker Rooms 1955 24,146 800 Phillies Dr N N N Jack Russell Stadium Offices 1955 800 Phillies Dr N N N Joe DiMaggio Concessions 2011 4,331 2450 Drew St N Y N Joe Dimaggio PressBoY 2015 1,820 2450 Drew St N Y N King's Hwy Recreation Center 1974 6,260 1751 Kings Hwy N Y N Lawn Bowling Club 1963 5,495 1040 Calumet St Lifeguard Building 2011 4,950 180 Gulfview Blvd Long Center 1988 84,681 1501 N Belcher Rd Y Y Y Long Ctr. Play Ground Bldg. 2006 300 1501 N Belcher Rd Marymount Park 1970 688 190 Gilbert McMullen Tennis Clubhouse 1975 3,800 1000 Edenville Ave McMullen Tennis Storage 1008 1,008 1000 Edenville Ave MLK Rec 1201 MLK Blvd Y N N Moccasin Lake Park Classroom Bldg 1995 3,108 2750 Park Trail Ln Moccasin Lake Park Interpretative Center 1981 2,732 2750 Park Trail Ln Moccasin Lake Rest Room Bldg 1981 529 2750 Park Trail Ln Moccasin Lake Pavilion 1981 2,592 2750 Park Trail Ln Morningside Rec Center 2019 19,921 2400 Harn Blvd Y Y Y 9/1/2020 Morningside Pool Bldg. 1992 3,565 2400 Harn Blvd N. Greenwood Rec. Ctr. & Pool 2001 36,760 900 N Martin Luther King Y Y Y 9/1/2020 Nursery 1973 5,664 901 N Saturn PBI East 1939 17,064 509 Pennsylvania Ave N N N PBI West 1939 11,952 507 Vine Ave N N N Phillip Jones Concession Bldg 1958 1,744 1190 Russell St N N N Phillip Jones Press BoY 1958 1,200 1190 Russell St Pier 60 Playground Pavilion 1,000 1 CausewayBlvd Ross Norton Park 1970 1,300 1440 S Greenwood Ave Ross Norton Pool Bldg. 1970 3,264 1440 S Greenwood Ave Ross Norton Rec 2004 20,000 1426 Greenwood Ave Y Y Y Sand Key Bathroom Bldg. 1980 625 1000 Gulf Blvd Shuffleboard Club 1963 7,600 1020 Calumet Dr N N N Sid Lickton Concession Bldg. 2013 10,463 714 N Saturn Y Y Y 9/4/2020 South Pavilion Garage 1969 775 332 S Gulfview Spectrum Filed 601 N Old Coachman Rd YYY Wood Valley Rec. Center 1982 4,338 751 KingsS Highway N Y N Woodgate Park 1980 792 2495 Countryside Fire Stations Station 44 2001 7,600 950 Gulf Blvd Y Y Y FIRE SPRINKLER/FIRE ALARM ANNUAL INSPECTION Page 1 of 4 FACILITY YEAR SQFT ADDRESS SPKLR ALARM ST.PIPE COMPLETED WO# CONTRACTOR BUILT PANEL FIRE SPRINKLER/FIRE ALARM ANNUAL INSPECTION Station 45 2014 32,839 1140 Court St Y Y Y Station 45/Maint. Bldg. 1974 3,200 Fire 45 AnneY 1974 2,280 Station 46 (Beach) 1974 10,731 534 Mandalay Ave Y N Y Station 47 (Lakeview) 1974 9,150 1460 Lakeview Ave Y N Y 9/15/2020 Station 48 (Belcher) 1974 8,266 1700 N Belcher Rd Y N Y 8/7/2020Station 48/Training 2007 13,654 1700 N Belcher Rd Y Y Y 8/7/2020 Station 48/Training Old 1700 N Belcher Rd Y Y Y Station 48/Tower Old 2007 5,960 1700 N Belcher Rd Y Y Y Station 48/Tower New 1700 N Belcher Rd N N N 8/7/2020 USED FOR TRAINING ONLY Station 48/ Storage/Logistics 2007 7,744 1700 N Belcher Rd Y Y N 8/7/2020 Station 48/ EOC 2019 3,340 1700 N Belcher Rd Y Y Y 8/7/2020 DRY CHEM SYSTEM Station 49 2002 13,226 520 Sky Harbor Y N Y 9/2/2020 Station 50 2018 9,934 2681 Countryside Blvd Y N Y 9/18/2020 Station 51 2003 13,437 1720 Overbrook Y Y Y 9/18/2020 Range Road Maint. Garage 1990 8,316 2150 Range Rd N Y N Police Beach Substation 2001 9180 700 Bayway Blvd N N N Countryside Substation 1982 7720 2851 McMullen N Y N Countryside Kennel 1983 1,320 2851 McMullen Countryside Range Training 1994 3,164 2851 McMullen Main Station 1997 63,134 645 Pierce Dt Y Y N Wood Valley 2001 1,680 2816 Park Trail Dr N N N N. Greenwood Substation 1961 3,200 1310 N MLK Hispanic Outreach Center 1953 6,500 620 Franklin N Y N S. Greenwood Substation 1998 5775 1498 S Greenwood Command Vehicle Storage 2006 4,600 1900 Grand Ave Traffic Engineering Electrical Shop & Signal Shop Bldg E 1997 17,187 1650 Arcturas Garden Ave Garage 1986 87,750 28 N Garden Ave Y Y Pierce St. (MSC) Garage 1998 ###### 644 Pierce St Y Y Beach Attendant Booths 1998 300 Gulfview Blvd Public Service Sign shop Bldg. E 1997 17,187 1650 Arcturus Infrastructure Bldg. A 1989 6,956 1650 Arcturus Infrastructure Bldg. B 1989 3,328 1650 Arcturus Infrastructure Bldg. C 1989 15,300 1650 Arcturus Y Y Y Infrastructure Bldg. D 1986 3,782 1650 Arcturus Y Y Y Infrastructure Bldg. F 1989 2,040 1650 Arcturus Infrastructure Bldg. G 1963 34,198 1650 Arcturus Y Y Y Lift Stations VARIES 2,388 Water Pollution Control WPC/East Control Bldg 1991 5,670 3141 Gulf To Bay WPC/East Filter Bldg 1991 4,476 3141 Gulf To Bay WPC/East Sludge Bldg 1991 1,836 3141 Gulf To Bay WPC/East Generator Bldg 1991 552 3141 Gulf To Bay WPC/East Chlorine Bldg 1991 1,470 3141 Gulf To Bay WPC/Marshall Control Bldg 1973 14,020 1605 Harbor Dr WPC/Marshall Mech Brk Bldg 1988 8,249 1605 Harbor Dr WPC/Marshall MCC 9 2004 341 1605 Harbor Dr WPC/Marshall Belt Press Bldg 1988 11,466 1605 Harbor Dr WPC/Marshall Influent Bldg 1988 1,800 1605 Harbor Dr WPC/Marshall Heat EYch Bldg 2004 864 1605 Harbor Dr WPC/Marshall Reactor Bldg 1988 513 1605 Harbor Dr WPC/Marshall Generator Bldg 2006 280 1605 Harbor Dr WPC/Marshall Odor Control Bldg 1988 448 1605 Harbor Dr WPC/Marshall Chem Stg Bldg 1973 3,060 1605 Harbor Dr WPC/Marshall Digester 2004 1,353 1605 Harbor Dr WPC/Marshall Filter compleY 1988 2,790 1605 Harbor Dr Marshall St. Lab 1999 9,860 1605 Harbor Dr WPC/NE Control Bldg 1976 13176 3290 SR 580 Page 2 of 4 FACILITY YEAR SQFT ADDRESS SPKLR ALARM ST.PIPE COMPLETED WO# CONTRACTOR BUILT PANEL FIRE SPRINKLER/FIRE ALARM ANNUAL INSPECTION WPC/NE Thickner Bldg 1988 2703 3290 SR 580 WPC/NE Sludge Bldg 2004 6674 3290 SR 580 WPC/NE Gen Bldg 1988 1080 3290 SR 580 WPC/NE Influent Bldg 1976 5984 3290 SR 580 WPC/NE Digester 1976 2500 3290 SR 580 WPC/NE Belt Press Bldg 1988 5733 3290 SR 580 WPC/NE Final Pump 1988 770 3290 SR 580 WPC/NE OYidation Bldg 2002 1,431 3290 SR 580 WPC/NE South final pump House 1990 770 3290 SR 580 WPC/NE Primary Pump House 2004 546 3290 SR 580 WPC/NE Generator Bldg 2 2006 320 3290 SR 580 WPC/NE GeneratorFilter CompleY 1990 6,304 3290 SR 580 WPC/NE Belt Press Generator 1990 320 3290 SR 580 WPC/NE Disinfection Bldg 2002 2,331 3290 SR 580 WPC/NE Reclaim Water Bldg 2002 2,244 3290 SR 580 WPC/NE Blower 2002 598 3290 SR 580 WPC/NE Desalination 2002 1,204 3290 SR 580 Del Oro Pump Station 2005 2,280 N N N Union St. Pump Station 2005 1,824 160 Ewing Ave Lift Station 42 NNN Lift Station 55 NNN Lift Station 58 NNN Marine Marina 1953 21,832 25 Causeway Y Y Y Coachman Dock Master 2008 760 25 Causeway Pier 60 Bait House/Canopies/Deck 1993 15,840 1 Causeway Blvd Y Y Y 9/16/2020 Sailing Center 1991 11,696 1001 Gulf Blvd N N N Air Park Hanger A 1997 9,452 1000 Hercules Air Park Hanger B 1997 10,634 1000 Hercules Air Park Hanger C 1956 11,815 1000 Hercules Air Park Hanger D 1956 11,815 1000 Hercules Air Park Hanger E 1997 11,815 1000 Hercules Air Park Hanger F 1997 11,815 1000 Hercules Air Park Hanger G 1997 11,815 1000 HerculesAir Park Hanger H 2001 11,815 1000 Hercules Air Park Hanger I 2001 11,815 1000 Hercules Air Park Maintenance Hanger 1956 8,487 1000 Hercules Corporate Hanger 1 South 2004 8,000 1000 Hercules Corporate Hanger 2 North 2012 8,000 1000 Hercules Operations Building 2006 3,648 1000 Hercules Library Main Library 2002 98,550 100 N Osceloa Y Y Y Beach Library 1994 2,000 69 Bay Esplande N Y N Countryside Library 2015 22,404 2642 Sabal Springs Y Y Y N. Greenwood Library 2001 8,250 905 N MLK N Y N Old Countryside Library Water Pump Houses & Tanks 1995 1,564 401 N Mcmullen Booth 901 N Saturn Ave 04-29-16-00000-220-0110 Water Reservoir #1-Saturn 1965 10,543 901 N Saturn N N N Water Reservoir #2-US 19 2015 22,410 21133 US 19 N N Y N Water Reservoir #3-Countryside 1975 4,110 2775 SR580 N N N Gas Gas Division/Sales Office 2019 45,240 400 N Myrtle Y Y Y Gas Equipement Shed 2019 3,883 400 N Myrtle Y Y Y Gas Welding Shop 2019 5,009 400 N Myrtle Y Y Y Gas Pipe Materail Shed 1 2019 3,706 400 N Myrtle Y Y Y Gas Material Shed 2 2019 2,016 400 N Myrtle Y Y Y Gas Propane Barn 2019 601 400 N Myrtle Y Y Y Gas Jolly Trolley Bldg. 1963 3,307 400 N Myrtle Solid Waste Administration Bldg 1994 9,000 1701 N Hercules Page 3 of 4 FACILITY YEAR SQFT ADDRESS SPKLR ALARM ST.PIPE COMPLETED WO# CONTRACTOR BUILT PANEL FIRE SPRINKLER/FIRE ALARM ANNUAL INSPECTION Container Maintenance Bldg. 1994 10000 1701 N Hercules Recycling Bldg. 2001 10000 1701 N Hercules Scale House 2005 35 1701 N Hercules Fuel Building 1993 110 1701 N Hercules Truck Wash Bldg. 1994 544 1701 N Hercules Trailer 2005 236 1701 N Hercules Transfer Station Scale House 2020 1,000 1005 Coachman Rd Transfer Station Tipping Floor 2020 25067 1005 Coachman Rd Transfer Station Admin Building 1971 1000 1005 Coachman Rd General Services B&M Offices 1980 91900 1900 Grand Ave Y Y Y Wood Shop 1994 4,000 1900 Grand Ave Electrical Shop 2005 1,800 1900 Grand Ave Bldg. & Maint. Storage 2005 4,350 1900 Grand Ave Police Storage 2005 4,600 1900 Grand AveRadio Tower North 1990 630 3290 SR 580 Radio Tower South 1987 609 Friend & Lakeview City Hall Beach Visitors Information Ctr. 2001 440 7 Causeway Blvd City Hall 1964 30,107 112 S Osceola Ave Y Y N Municipal Services Bldg MSB 1996 83,035 11 S. Myrtle Ave Y N Y Page 4 of 4 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9133 Agenda Date: 8/19/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Authorize a purchase order to Precision Gate and Security of Venice, FL. for installation, maintenance, and repair of the City’s automated gate systems, in the not-to-exceed amount of $165,000.00 from May 1, 2021 through September 23, 2022, with two, one-year renewals in the annual amount of $100,000 pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Contracts and authorize the appropriate officials to execute same. (consent) SUMMARY The Building & Maintenance (B&M) Division’s preventative maintenance, repairs and installations of automatic gates have previously been procured by obtaining quotes or piggybacking other government entities contracts. Staff is requesting the ability to piggyback an existing contract for Precision Gate and Security of Venice, FL. for various gate maintenance, repair and installs throughout the city for the duration of their respective contract. This will allow B&M to benefit from pre-negotiated pricing on various required services. Piggyback Contract: Sarasota County Contract No: 191847JSO - Precision Gate and Security of Venice FL Term: September 24, 2019 through September 23, 2022 with two, one- year renewal options. Flexibility is requested to allow for expenditure of budgeted funds as needed throughout the year, in accordance with the intent of this general authorization. APPROPRIATION CODE AND AMOUNT: 5656531-530300 GSBM180008 - R&M - MTRLS Page 1 City of Clearwater Printed on 8/17/2021 CONTRACT NO. dotj-310 TERM CONTRACT FOR BCC APPROVED Of-;)~ -\~ AUTOMATIC GATE PREVENTATIVE MAINTENANCE, REPAIR, AND INSTALLATION SERVICES THIS TERM CONTRACT is made and entered into as of the date of execution by both parties, by and between Sarasota County, a political subdivision of the State of Florida, hereinafter referred to as the "County" and Precision Gate & Security, Inc., a Florida corporation, hereinafter referred to as ''Contractor." WITNESSETH WHEREAS, the County requires the services of a contractor to perform automatic gate preventative maintenance, repair, and installation services; and, WHEREAS, the County issued Invitation for Bid (IFB) #191847JSO on June 18, 2019; and, ( .,'2' . . WHEREAS, the County evaluated the responses received and found th'e Contractor qualified to perform the necessary services; and, WHEREAS, the County approved a Notice of Recommended Award on July 25, 2019; and, ----i WHEREAS, the Contractor has reviewed the services required pursuant to this Term Contract and is qualified, willing and able to provide and perform all such services in accordance with its terms. NOW, THEREFORE, the County and the Contractor, in consideration of the mutual covenants contained herein, do agree as follows: I. CONTRACTOR'S SERVICES The Contractor agrees to diligently provide all materials, services and labor for preventative maintenance, repair, and installation services of automatic gates, in accordance with the scope of services made part of this Term Contract as Exhibit A, attached hereto and incorporated herein. II. TERM This Term Contract shall commence immediately upon execution by both the County and the Contractor and shall continue for a period of three years. This Term Contract may be renewed for up to two additional one year periods subject to written agreement of both parties. III. COMPENSATION AND PAYMENT OF CONTRACTOR'S SERVICE A. The County shall pay the Contractor for the services rendered hereunder and completed in accordance with the terms and conditions of this Term Contract a total amount not to exceed Three Hundred Sixty Thousand Dollars and Zero Cents ($360,000.00) for the Initial three-year term. Procurement Contract #1918470100 Template Revised 05/22/2018 Page 1of19 TERM CONTRACT FOR AUTOMATIC GATE PREVENTATIVE MAINTENANCE, REPAIR, AND INSTALLATION SERVICES B. Notwithstanding the preceding, Contractor shall perform no work under this Term Contract until receipt of a purchase order from the County. Contractor acknowledges and agrees that no minimum amount of work is guaranteed under this Term Contract and County may elect to issue no purchase orders. If a purchase order is issued, the County reserves the right to amend, reduce or cancel the purchase order in its sole discretion. C. The County's performance and obligation to pay under this Term Contract is contingent upon an appropriation of lawfully available funds by the Board of County Commissioners. The County shall promptly notify the Contractor if the necessary appropriation is not made. IV. METHOD OF PAYMENT A. The County shall pay the Contractor through payment issued by the Clerk of the Circuit Court in accordance with the Local Government Prompt Payment Act, §218. 70, et seq. F.S., upon receipt of the Contractor's invoice and written approval of same by the County's Administrative Agent indicating that services have been rendered in conformity with this Term Contract. B. The Contractor shall submit invoices for payment to the address indicated on the purchase order for those specific services provided pursuant to Exhibit B, Fee Schedule, attached hereto and incorporated herein. C. The Contractor's invoices shall be in a form satisfactory to the Clerk of the Circuit Court, who shall initiate disbursements. The Contractor is responsible for providing all necessary documentation that may be required by the County. V. ADDITIONAL SERVICES A. No changes to this Term Contract or the performance contemplated hereunder shall be made unless the same are in writing and signed by both the Contractor and the County. B. If the County's Administrative Agent requires the Contractor to perform additional services related to this Term Contract then the Contractor shall be entitled to additional compensation based on the Fee Schedule, as amended, to the extent necessary to accommodate such additional work. The additional compensation shall be agreed upon before commencement of any additional services or changes and shall be incorporated into this Term Contract by written amendment. The County shall not pay for any additional service or work performed before a written amendment to this Term Contract. Procurement Contract #1918470100 Template Revised 05/22/2018 Page 2of19 TERM CONTRACT FOR AUTOMATIC GATE PREVENTATIVE MAINTENANCE, REPAIR, AND INSTALLATION SERVICES Notwithstanding the preceding, in the event additional services are required as a result of error, omission or negligence of the Contractor, the Contractor shall not be entitled to additional compensation. VI. LIABILITY OF CONTRACTOR A. The Contractor shall save, defend, indemnify and hold harmless the County from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of any act, neglect, error, omission or default of the Contractor arising out of or in any way connected with the Contractor or subcontractor's performance or failure to perform under the terms of this Term Contract. B. This section shall survive the termination or expiration of this Term Contract. VII. CONTRACTOR'S INSURANCE Contractor shall procure and maintain insurance as specified in Exhibit C, Insurance Requirements, attached hereto and made a part of this Term Contract. VIII. RESPONSIBILITIES OF THE CONTRACTOR A. The personnel assigned by the Contractor to perform services shall comply with the terms set forth in this Term Contract. The Contractor shall ensure that all personnel and other agents are fully qualified and capable to perform their assigned tasks. B. The Contractor agrees to respond to communication from the County within three working days unless a shorter response time is specified by the County. C. The Contractor warrants that it has not employed or retained any company or person (other than a bona fide employee working solely for the Contractor), to solicit or secure this Term Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the Contractor; any fee, commission, percentage, gi~, or any other consideration, contingent upon or resulting from the award of this Term Contract. D. The Contractor covenants and agrees that it and its employees shall be bound by the Standards of Conduct of §112.313, F.5., as it relates to work performed under this Term Contract. The Contractor agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed. Procurement Contract #1918470100 Template Revised 05/22/2018 Page 3of19 TERM CONTRACT FOR AUTOMATIC GATE PREVENTATIVE MAINTENANCE, REPAIR, AND INSTALLATION SERVICES E. Contractor agrees that it and its employees shall communicate with County employees and members of the public in a civil manner. All aspects of a Contractor's performance, including complaints received from County employees or members of the public, may impact the County's decision to renew or terminate this Term Contract in accordance with the provisions contained herein. The County further reserves the right to suspend or debar the Contractor from consideration for award of future contracts in accordance with the Sarasota County Procurement Code if the Contractor does not abide by the terms of this subsection. F. Pursuant to §287.133(2)(a), F.S., 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 bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 §287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. G. The Contractor shall comply with all federal, state, and local laws, regulations and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Term Contract. H. The Contractor shall maintain books, records, documents, and other evidence directly pertaining to or connected with the services under this Term Contract which shall be available and accessible at the Contractor's offices for the purpose of inspection, audit, and copying during normal business hours by the County, or any of its authorized representatives. Such records shall be retained for a minimum of five (5) fiscal years (from October to September) after completion of the services. I. §287.135, F.S., prohibits agencies from contracting with companies for goods or services that are on the Scrutinized Companies that Boycott Israel List, or with companies that are engaged in a boycott of Israel, and from contracting with companies for goods or services of $1,000,000 or more that are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or are engaged in business operations in Cuba or Syria. The lists are created pursuant to §215.473 and §215.4725, F.S. Contractor certifies that the organization is not listed on the Scrutinized Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Procurement Contract #1918470100 Template Revised 05/22/2018 Page 4of19 TERM CONTRACT FOR AUTOMATIC GATE PREVENTATIVE MAINTENANCE, REPAIR, AND INSTALLATION SERVICES List, and is not engaged in a boycott of Israel or engaged in business operations in Cuba or Syria, and understands that pursuant to §287.135, F.S., the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. In accordance with §287.135, F.S., the County may terminate this Contract if a false certification has been made, or the Contractor is subsequently placed on any of these lists, or engages in a boycott of Israel or is engaged in business operations in Cuba or Syria. J. The Contractor shall notify the County's Administrative Agent at least one (1) day in advance of any meeting between the Contractor and any County Commissioner, regulatory agency or private citizen related to this Term Contract. K. The Contractor is, and shall be, in the performance of all work, services and activities under this Term Contract, an independent contractor. Contractor is not an employee, agent or servant of County and shall not represent itself as such. All persons engaged in any work or services performed pursuant to this Term Contract shall at all times, and in all places, be subject to the Contractor's sole direction, supervision and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Contractor's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees of the County. The Contractor shall be solely responsible for providing benefits and insurance to its employees. IX. FORCE MAJEURE The Contractor specifically agrees that all work performed under the terms and conditions of this Term Contract shall be completed within the time limits as set forth herein, or as otherwise identified in the County's purchase order or specified by the County's Administrative Agent, subject only to delays caused by force majeure, or as otherwise defined herein. "Force majeure" shall be deemed to be any cause affecting the performance of this Term Contract arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of the parties. X. OBLIGATIONS OF COUNTY A. The County's Administrative Agent is designated to do all things necessary to properly administer the terms and conditions of this Term Contract, including, but not limited to: 1. Review of all Contractor payment requests for approval or rejection. Procurement Contract #1918470100 Template Revised 05/22/2018 Page S of 19 TERM CONTRACT FOR AUTOMATIC GATE PREVENTATIVE MAINTENANCE, REPAIR, AND INSTALLATION SERVICES 2. Periodic reviews of the work of the Contractor as necessary for the completion of the Contractor's services during the period of this Term Contract. B. The County shall not provide any services to the Contractor in connection with any claim brought on behalf of or against the Contractor. XI. TERMINATION A. The County shall have the right at any time upon thirty (30) calendar days' written notice to the Contractor to terminate the services of the Contractor for convenience. The County shall pay to the Contractor and the Contractor shall accept as full payment for its services, a sum of money equal to the work completed in any commenced but incomplete services. B. Any failure of the Contractor to satisfy the requirements of this Term Contract, as documented by the Administrative Agent, shall be considered a default of the Term Contract and sufficient reason for termination. 1. For defaults that are curable (as determined by the County}, the Contractor shall be notified in writing by the County and shall have an opportunity to cure such default(s) within ten (10) working days a~er notification. 2. For defaults that are not curable (as determined by the County}, notice of the termination date shall be given as deemed appropriate by the County. C. In the event the County's termination of this Term Contract for default is in any way deficient, at the option of the County such termination shall be deemed to be a termination for convenience pursuant to Section XI.A. above. D. The parties may mutually agree to terminate this Term Contract. Such termination shall be evidenced by a notice issued by the County. The County shall pay to the Contractor and the Contractor shall accept as full payment for its services, a sum of money equal to the work completed in any commenced but incomplete services. E. In the event that the Contractor has abandoned performance under this Term Contract, then the County may terminate this Term Contract upon three (3) calendar days' written notice to the Contractor indicating its Intention to do so. Payment for work performed prior to the Contractor's abandonment shall be as stated above. Contractor shall have one hundred and eighty (180) days to submit invoices. Invoices submitted after one hundred and eighty {180) days may not be accepted for payment. Procurement Contract #1918470100 Template Revised 05/22/2018 Page 6 of 19 TERM CONTRACT FOR AUTOMATIC GATE PREVENTATIVE MAINTENANCE, REPAIR, AND INSTALLATION SERVICES F. The Contractor shall have the right to terminate services only in the event of the County failing to pay the Contractor's properly documented and submitted invoice within ninety (90) calendar days of the approval by the County's Administrative Agent. G. The County reserves the right to terminate and cancel this Term Contract in the event the Contractor shall be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of creditors. H. After consultation with and written notice to the Contractor providing a reasonable opportunity to cure, the County shall have the right to refuse to make payment, in whole or part due to: 1. The quality of a portion, or all, of the Contractor's work not performed in accordance with the requirements of this Term Contract; 2. The quantity of the Contractor's work not delivered or performed as represented in the Contractor's Payment Request, or otherwise; 3. Claims made, or likely to be made, against the County or Its property; 4. Damages to the County or a third party caused by the Contractor; 5. The Contractor's failure or refusal to perform any other obligation under this Term Contract. XII. DISPUTE RESOLUTION A. To the extent Chapter 558, F.S. is applicable, the parties expressly opt out of the requirements of Chapter 558, F.S., within the meaning of §558.005(1), F.S. B. In the event of a dispute or claim arising out of this Term Contract, the parties agree first to try in good faith to settle the dispute by direct discussion. If this is unsuccessful, the parties may enter Into mediation in Sarasota County, Florida, with the parties sharing equally in the cost of such mediation. C. In the event mediation, if attempted, is unsuccessful in resolving a dispute, the parties may proceed to litigation as set forth below. D. Any dispute, action or proceeding arising out of or related to this Term Contract will be exclusively commenced in the state courts of Sarasota County, Florida, or where proper subject matter jurisdiction exists in the United States District Court for the Middle District of Florida. Each party irrevocably submits and waives any objections to the exclusive personal jurisdiction and venue of such courts, including any objection based on forum non conveniens. Procurement Contract #1918470100 Template Revised 05/22/2018 Page 7of19 TERM CONTRACT FOR AUTOMATIC GATE PREVENTATIVE MAINTENANCE, REPAIR, AND INSTALLATION SERVICES E. The parties hereby waive all rights to trial by jury for any litigation concerning this Term Contract. F. This Term Contract and the rights and obligations of the parties shall be governed by the laws of the State of Florida without regard to its conflict of laws principles. G. Unless otherwise agreed in writing, the Contractor shall be required to continue its services and all other obligations under this Term Contract during the pendency of claim or dispute including, but not limited to, actual period of mediation or judicial proceedings. XIII. STOP WORK ORDER The County's Administrative Agent may at any time, by written order to the Contractor, require the Contractor to stop all or any part of the work called for by this Term Contract. Any order shall be identified specifically as a stop work order issued pursuant to this clause. This order shall be effective as of the date the order is delivered to the Contractor. Upon receipt of such an order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. The Contractor shall not resume work unless specifically so directed in writing by the County. The Administrative Agent shall take one of the following actions: 1. Cancel the stop work order; or 2. Terminate the work covered by the order; or 3. Terminate the Term Contract in accordance with provisions contained in Section XI.A. In the event the County determines to not direct the Contractor to resume work, the stop work order may be converted into a notice of termination for convenience pursuant to Section XI.A. The notice period for such termination shall be deemed to commence on the date of issuance of the stop work order. In the event the County does not direct the Contractor to resume work within ninety (90) days, the Contractor may terminate this Term Contract. XIV. PUBLIC RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Procurement Contract #1918470100 Template Revised 05/22/2018 Page 8of19 TERM CONTRACT FOR AUTOMATIC GATE PREVENTATIVE MAINTENANCE, REPAIR, AND INSTALLATION SERVICES Sarasota County Public Records office 1660 Ringling Blvd. Sarasota, FL 34236 Phone: 941-861-5886 Email: publicrecords@scgov.net XV. MISCELLANEOUS A. This Term Contract constitutes the sole and complete understanding between the parties and supersedes all other contracts between them, whether oral or written with respect to the subject matter. No amendment, change or addendum to this Term Contract is enforceable unless agreed to in writing by both parties and incorporated into this Term Contract. B. Time is of the essence with regard to each and every aspect of the Contractor's performance under this Term Contract. C. The language of this Term Contract shall be construed, in all cases, according to its fair meaning and not for or against any party hereto. D. The parties hereto do not intend nor shall this Term Contract be construed to grant any rights, privileges or interest to any third party. E. The Contractor shall not assign any interest in this Term Contract and shall not transfer any interest in same (whether by assignment or novation) without the prior written consent of the County, except that claims for the money due or to become due to the Contractor from the County under this Term Contract may be assigned to a financial institution or to a trustee in bankruptcy without such approval from the County. Notice of any such transfer or assignment due to bankruptcy shall be promptly given to the County. F. The exercise by either party of any rights or remedies provided herein shall not constitute a waiver of any other rights or remedies available under this Term Contract or any applicable law. G. If any term, condition, or covenant of this Term Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Term Contract shall be valid and binding on each party. Procurement Contract #1918470100 Template Revised 05/22/2018 Page 9of19 TERM CONTRACT FOR AUTOMATIC GATE PREVENTATIVE MAINTENANCE, REPAIR, AND INSTALLATION SERVICES H. The parties covenant and agree that each is duly authorized to enter into and perform this Term Contract and those executing this Term Contract have all requisite power and authority to bind the parties. I. Neither the County's review, approval or acceptance of, nor payment for, the services required under this Term Contract shall be construed to operate as a waiver of any rights under this Term Contract or of any cause of action arising out of the performance of this Term Contract. J. The rights and remedies of the County provided for under this Term Contract are in addition to any other rights and remedies provided by law. K. If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder. L. This Term Contract may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. M. The County may unilaterally extend this Term Contract up to ninety (90) days beyond its expiration. The unit prices in effect on the last day of this Term Contract shall remain in effect for the extension period. N. Any notices of default or termination shall be sufficient if sent by the parties via United States certified mail, postage paid, or via a nationally recognized delivery service, to the addresses listed below: Contractor's Representative: Name: Title: Address: Telephone: E-mail: Leonard Mucci Owner/Controller 5193 Indian Mound St. Sarasota, FL 34232 941-321-2321 sg lennym@gmail.com County's Administrative Agent: Name: Title: Address: Telephone: E-Mail: Emily Wenstad Contracts & Procurement Liaison 1001 Sarasota Center Blvd. Sarasota, FL 34240 941-861-0561 ewenstad@scgov.net 0. Any change in the County's Administrative Agent or the Contractor's Representative will be promptly communicated by the party making the change. P. Paragraph headings are for the convenience of the parties and for reference purposes only and shall be given no legal effect. Procurement Contract #1918470100 Template Revised 05/22/2018 Page 10of19 TERM CONTRACT FOR AUTOMATIC GATE PREVENTATIVE MAINTENANCE, REPAIR, AND INSTALLATION SERVICES Q. The solicitation and all attachments and addenda thereto are hereby incorporated in the Term Contract by reference. R. In the event of conflicts or inconsistencies, the documents shall be given precedence in the following order: 1. Term Contract 2. Solicitation 3. County's Purchase Order Procurement Contract #1918470100 Template Revised 05/22/2018 Page 11of19 TERM CONTRACT FOR AUTOMATIC GATE PREVENTAnVE MAINTENANCE, REPAIR, AND INSTALLATION SERVICES IN WITNESS WHEREOF, the parties have executed this Term Contract as of the date last below written. WITNESS: ~ Print Name: _9_-_/ 3;:;....._..-~_l_l'.J __ Signed By: AlTEST: Precision Gate & Securit,11 1.nc. .... Signed e;.;::2;-z;~, ~ .. ~o.:::Jbr----..::_:::.._-== Print Name: LB:>~ A /Yluc~ Title : ~~/~Flo > Date: 9-1.3-aDJ°J KAREN E. RUSHING, Clerk of the Circuit Court and Ex-Officio Clerk of the Board of Coun Co Approved as to form and orrectness: Procurement Contract #1918470100 Template Revised 05/22/2018 Page 12of19 1. OVERVIEW EXHIBIT A SCOPE OF SERVICES The Contractor shall provide Preventative Maintenance Inspection (PMI) and repair and installation services on automatic gate systems throughout the County. These gates include slide gates, cantilever gates, swing gates, and barrier arm gates. The County may add or delete any gate locations at any time during the Term Contract period. 2. CONTRACTOR RESPONSIBILITIES A. Every Contractor crew shall have at least one employee on site that can effectively communicate in English with the County staff or the general public. 8. The Contractor shall coordinate work so that there is minimal to no interruption to daily work at any location. C. The Contractor shall provide all personnel and equipment necessary to perform the services described herein. D. The Contractor shall assure conditions on the work site reflect good housekeeping and safety practices at all times. The Contractor shall be responsible for all trash and debris disposal from the work site daily. 3. PREVENTATIVE MAINTENANCE INSPECTION A. The Contractor shall provide an annual PMI on designated automatic gate systems. A list of the brands and model numbers for each with their corresponding locations, as of the date of the Term Contract, are listed in Attachment 1 and incorporated herein and kept on file with the County. Attachment 1 may be modified from time to time and shall be provided to the Contractor at the time of modification. 8. The Contractor's PMI per gate price shall include all materials, equipment, labor, supervision, and tools required to perform the inspection. There shall be no additional fees for consumable supplies necessary to perform the PMI. C. The Contractor shall include the following in performing the PMI: i. Inspect chain and adjust tension. ii. Inspect guide rollers and adjust. iii. Inspect transmissions and adjust. iv. Inspect all fluid levels and add fluid. v. Inspect all wheels and adjust or lubricate. vi. Inspect all operator motors and adjust. vii. Grease and lubricate all gears and fittings. viii. Inspect all belts and adjust or replace. Procurement Contract #1918470100 Template Revised 05/22/2018 Page 13of19 EXHIBIT A SCOPE OF SERVICES ix. Ensure all set point (stops) are functioning properly and at the correct stopping point. D. If the Contractor finds and completes any repairs at the PMI visit, the Contractor may charge the Service Technician Normal Business fee as stated in Exhibit B -Fee Schedule for time spent on the actual repair, not including the time spent on PMI. If additional parts are necessary for the maintenance, the Contractor shall bill the County at the markup rate for parts and materials as stated in Exhibit B -Fee Schedule. If the repair cannot be done on the same visit, the Contractor shall inform the County and schedule a repair visit to be completed within an agreed upon time frame. E. The Contractor shall maintain a file containing a copy of all gate repairs and replacement parts. The file shall be available to the County upon request by the County's Administrative Agent. The records shall be available to the County during the duration of the Term Contract period and for a minimum of five years following the Term Contract expiration or termination. F. The Contractor shall maintain all automatic gates as specified by the design manufacturer's recommendations. G. The Contractor shall provide to the County, a checklist form that identifies all items inspected, adjusted, or replaced during the PMI visit. 4. REPAIR AND INSTALLATION SERVICES A. The Contractor shall be responsible for providing repair and installation services at any County facility, owned or managed. This as-needed service shall be performed on a time and materials basis and only when authorized by the County prior to commencing the work. B. The Contractor shall provide the County a written estimate for the cost of services, parts and materials. Repair and installation services shall not be performed until the County approves the Contractor's written estimate and issues a purchase order. C. All materials stored at a County facility by the Contractor or any subcontractors working for the Contractor to be used in installation at that facility must be stored in an approved area, authorized by the County representative in charge of the facility. All tools, equipment, and materials (all parts and pieces) stored at a County facility belonging to the Contractor or any subcontractor of the Contractor awaiting installation shall be the sole responsibility of the Contractor. The County shall not be held liable for missing or stolen items. All materials shall only be stored for the duration of the job. D. All electrical work involved in the installation or repair (any component, device or piece of equipment requiring electrical work) shall be the Procurement Contract #1918470100 Template Revised 05/22/2018 Page 14of19 EXHIBIT A SCOPE OF SERVICES responsibility of the Contractor. The Contractor shall employ or subcontract with a Florida Licensed Electrician capable of performing the work as per Occupational Safety and Health Administration (OSHA) standards. 5. DISPATCH / RESPONSE TIME A. Service calls for non-emergencies shall be dispatched by means of a phone call or email to the Contractor that may include a work order and number. When provided with a work order number, the work order number must be referenced on all correspondence to the job, including invoices. B. The Contractor shall verify receipt of the dispatch request and respond within 24-hours for preventative maintenance and non-emergency service. C. The Contractor shall provide the status of the requested work along with any changes in project status upon request from the County. D. The Contractor shall supply an emergency contact number. It shall be the County's responsibility, upon placing a call for service, to distinguish between an emergency or non-emergency situation. E. Service calls for emergencies shall be dispatched by means of a phone call to the Contractor and followed-up with an email that may include a work order number. i. For an emergency service request, the Contractor shall respond, via telephone, within one hour of notification from the County and have a qualified technician on the jobsite within two hours of the request from the County. F. Annual PMI services shall be scheduled by means of a phone call or email. 6. HOURS OF WORK/ INVOICING A. PMI visits shall be performed by the Contractor during Normal Business Hours, defined as Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m., unless otherwise approved by the County and shall be paid at the PMI per gate rate provided on Exhibit B -Fee Schedule. B. Non-emergency service calls shall be performed during Normal Business Hours, defined as Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m., unless otherwise approved by the County and shall be paid at the Normal Business Hours hourly rate provided on Exhibit B -Fee Schedule. C. Emergency service related calls performed Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m. shall be paid at the Normal Business Hours hourly rate provided on Exhibit B -Fee Schedule. Procurement Contract #1918470100 Template Revised 05/22/2018 Page 15of19 EXHIBIT A SCOPE OF SERVICES D. Emergency service work performed outside of Normal Business Hours are considered After Hours and include weekends and County holidays. Emergency service work provided after normal business hours shall be paid at the After Hours hourly rate provided on Exhibit B -Fee Schedule. 7. PARTS AND NEW EQUIPMENT A. When the Contractor supplies parts or new equipment, the County's cost shall be based on the Contractor's price from the supply house plus the Contractor's percent markup as listed on Exhibit B -Fee Schedule. The Contractor's invoice shall indicate the total cost of the parts/materials and percent mark-up. The invoice must also include the supply house invoice as supporting documentation that clearly shows the manufacturer's part number, description, and supply house cost. B. All replacement parts shall be Original Equipment Manufacturer (OEM) or County approved alternate. 8. PERMITS If permits are required, the Contractor shall obtain all necessary permits. The Contractor shall be reimbursed by the County for the cost of the permit fees only. No percent markup shall be paid to the Contractor for the cost of permit fees. The Contractor's invoice shall indicate the total cost of the permit fees and shall include supporting documentation (receipt from Building Department) that clearly shows the cost of the permit. 9. SUBCONTRACTING The use of subcontractors for the work described herein shall be approved in advance by the County. The cost of the subcontractor shall be invoiced with a cost-plus markup as listed on Exhibit B -Fee Schedule. A copy of the subcontractor's invoice to the Contractor shall be submitted with Contractor's invoice to the County. 10. WARRANTY All work and materials under this Term Contract shall be fully warranted in accordance with state law and for a period of not less than one year from County acceptance of the work except when the standard manufacturer/contractor warranty is greater than one year. Procurement Contract #1918470100 Template Revised 05/22/2018 (END EXHIBIT A) Page 16of19 ITEM 1 2 3 4 5 EXHIBIT B FEE SCHEDULE DESCRIPTION ANNUAL PREVENTATIVE MAINTENANCE SERVICE SERVICE TECHNICIAN -NORMAL BUSINESS HOURS SERVICE TECHNICIAN -AFTER NORMAL BUSINESS HOURS MARKUP FOR PARTS AND MATERIALS MARKUP FOR SUBCONTRACTOR Procurement Contract #1918470100 Template Revised 05/22/2018 UNIT OF UNIT MEASURE PRICE PER GATE $35.00 PER HOUR $80.00 PER HOUR $100.00 PERCENTAGE 10% PERCENTAGE 10% Page 17of19 EXHIBIT C INSURANCE REQUIREMENTS For purposes of this Exhibit C, the terms "Vendor," "Contractor" and "Consultant" shall be interchangeable and the terms "Contract," \'Term Contract" and \\Agreement" shall be interchangeable. CONTRACTOR'S INSURANCE Contractor shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Contract, insurance coverage (including endorsements) and limits as described herein. These requirements, as well as the County's review or acceptance of insurance maintained by Contractor, are not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract. Insurance requirements itemized in this Contract and required of the Contractor shall extend to all subcontractors to cover their operations performed under this Contract. The Contractor shall be responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to subcontractors. Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best's Financial Strength Rating of A-Class VII or better. Each insurance policy required by this Contract shall apply separately to each insured against whom claim is made and suit is brought, except with respect to limits of the insurer's liability. The Contractor shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this Contract and shall be solely responsible for the payment of all deductibles and retentions to which such policies are subject. Contractor shall furnish Certificates of Insurance to the County Administrative Agent evidencing the types and amounts of coverage, including endorsements, required by this Contract prior to commencement of work and prior to expiration of the insurance contract, when applicable. Such Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day notice of cancellation (10 days for non-payment of premium) or non-renewal of coverage. Notwithstanding these notification requirements, the Contractor will be required to provide County with 5-day prior written notice of any policy cancellation or non-renewal. The County reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements, herein from time to time throughout the term of this Contract. County reserves the right, but not the obligation, to review and reject any insurer providing coverage due to its poor financial condition or failure to operate legally. A. WORKERS' COMPENSATION: Contractor agrees to maintain Workers' Compensation insurance in accordance with Florida Statutes, Chapter 440. Employers Liability to be included with a minimum limit of $100,000.00 per accident/per disease/per employee. If work is to be performed over or adjacent to navigable water and involves maritime exposure, applicable LHWCA, Jones Act, or other maritime law coverage shall be included. Procurement Contract #1918470100 Template Revised 05/22/2018 Page 18of19 EXHIBIT C INSURANCE REQUIREMENTS In the event the Contractor has "leased" employees, the Contractor or the employee leasing company must provide evidence of a Workers' Compensation policy for all personnel on the worksite. Contractors who are exempt from Florida's Workers' Compensation law must provide proof of such exemption issued by the Florida Department of Financial Services, Bureau of Workers' Compensation. B. COMMERCIAL GENERAL LIABILITY: Contractor agrees to maintain Commercial General Liability per ISO form CGOOOl or its equivalent, including but not limited to coverage for premises and operations, personal injury, products & completed operations, liability assumed under an insured contract, and independent contractors with limits of not less than $1,000,000.00 each occurrence, $2,000,000.00 aggregate covering all work performed under this Contract. Contractor agrees to endorse Sarasota County Government as an additional insured on the Commercial General Liability coverage. C. BUSINESS AUTOMOBILE LIABILITY: Contractor agrees to maintain Business Automobile Liability with limits not less than $500,000.00 combined single limit for each accident covering all Owned, Non-Owned & Hired automobiles used in the performance of this Contract. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. If the Contractor is shipping a product via common carrier, the contractor shall be responsible for any loss or damage sustained in delivery/transit. Procurement Contract #1918470100 Template Revised 05/22/2018 Page 19of19 ATTACHMENT 1 -FACILITY LIST Gate Type Gate Detail E ... ... ~ < CIJ ... Facility Name and Location tV ~ I CIJ Brand I Model No. Key Pad #of Additional Description 'g c .E ffi ~ ~ Gates FACLITIES MAINTENANCE LOCATIONS 19 ANIMAL SERVICES FAOLITY l 8350 BEE RIDGE RD, SARASOTA v Edko Yes 1 2 EMERGENCY OPERATIONS CENTER (1) v Viking No 1 card Swipe 60SO PORTER WAY, SARASOTA Model: H-10 J EMERGENCY OPERATIONS CENTER (2) v Viking No 1 card Swipe 6050 PORTER WAY, SARASOTA Model: H·lO 4 EMERGENCY OPERATIONS CENTER (3) v Viking No 1 Card Swipe 6050 PORTER WAY, SARASOTA Model: H·lO S EMERGENCY OPERATIONS CENTER (4) v Viking No 1 Card Swipe 6050 PORTER WAY, SARASOTA Model: H·lO 6 EMERGENCY OPERATIONS CENTER (5) v Viking No 1 Card Swipe 6050 PORTER WAY, SARASOTA Model: H-10 7 EMERGENCY OPERATIONS CENTER (6) v Viking No 1 Card Swipe 6050 PORTER WAY, SARASOTA Model: H·lO a ROTHENBACH PARK PEDESTRIAN GATE v Chamberlain LiftMaster 1 1 1/2 HP 120V with Battery Backup; Gate is welded 8650 BEE RIDGE RO, SARASOTA Model: MSL-DC-BB3 Linear Aluminum Black Powder Coated Wrought Iron SARASOTA COUNTY AREA TRANSIT (SCAT) v HY Security Yes 1 BAI dual beam barcode scanner, model #BA-440; g 5303 PINKNEY Alff., SARASOTA (ENTRANCE) Model: SwingSmart DC 20 numerical 10 SARASOTA COUNTY AREA TRANSIT (SCAT) v HY Security Yes 1 BAI dual beam barcode scanner, model #BA-440; 5303 PINKNEY Alff., SARASOTA (EXIT) Model: SwingSmart DC 20 numerical 11 SARASOTA COUNTY GOVT COMPLEX (BOB) (1) v DMK 6500 084 Yes 1 1001 SARASOTA CTR BLVD., SARASOTA 12 SARASOTA COUNTY GOVT COMPLEX (BOB) (2) v DMK 6500 084 Yes 1 1001 SARASOTA CTR BLVD., SARASOTA 13 SARASOTA COUNTY JAIL COMPLEX v HY Security No 1 2020 MAIN ST., SARASOTA Model: 222 Cxl.7St 14 SELBY LIBRARY (1) EDCO Yes 1 1/2 HP 1331 lST ST., SARASOTA v Bar-DC 15 SELBY LIBRARY (2) v EDCO Yes 1 1/2 HP 1331 lST ST., SARASOTA Bar-DC 16 SELBY LIBRARY (3) v EDCO Yes 1 1/2 HP 1331 lST ST., SARASOTA Bar-DC 17 SELBY LIBRARY (4) v EDCO Yes 1 1/2 HP 1331 lST ST., SARASOTA Bar-DC 18 SHERIFF'S OFFICE HEADQUARTERS (1) v Chamberlain liftMaster Yes 1 6010 CATTLERIDGE DR, SARASOTA Model: CSL24U 1 ATTACHMENT 1 -FACILITY LIST Gate Type Gate Detail ... E ... C1' < > ... C1' Facility Name and Location 'E g' C1' Brand I Model No. Key Pad #of Additional Description C1' ·c: ~ c; ] ... a Ill Gates Vi al 19 SHERIFF'S OFFICE HEADQUARTERS (2) ..; Chamberlin LiftMaster Yes 1 6010 CATILERIDGE DR, SARASOTA Model: CSL.24U FIRE STATIONS ·-8 ·--- 20 FIRE STATION 1 (GATE 1) ..; Autogate Inc Yes 1 Located in the Back; 1 Unit 1445 4TH ST., SARASOTA Model: VPL-24 21 FlRE STATION 1 (GATE 2) ..; Viking Access Systems Yes 2 2 Units; 1 Key Pad Services Both Gates 1445 4TH ST., SARASOTA Model: T-21 22 FlRE STATION 1 (GATE 3) ..; Viking Access Systems Yes 1 Located in the Back; 1 Unit 1445 4TH ST., SARASOTA Model: L-3 23 FIRE STATION 1 (GATE 4) ..; Autogate Inc No 1 Located in the Front; 1 Unit 1445 4TH ST., SARASOTA Model: VPL-24 24 FIRE STATION 4 ..; Safeglide Yes 2 2 Units; 1 Key Pad Services Both Gates 3530 OLD BRADENTON RD, SARASOTA Model: SML-211 25 FIRE STATION 20 ..; Chamberlain LiftMaster Yes 1 1 Unit 5681 PINKNEY AVENUE, SARASOTA Model: HS670 PARKS I NATURAL LANDS 3 TURTLE BEACH CAMPGROUND ..; Chamberlain LiftMaster 1 AAS 1/2 HP 120V ; Gate is Aluminum White Powder 26 8862 MIDNIGHT PASS RD, SARASOTA Model: MAT·DC-633 Keypad 1 Coated (tube) with yellow and black (caution) marking 27 WHARF ROAD PARK ..; Chamberlain Elite 1 AAS 1 Pole mounted solar collector with battery backup; WEST END OF WHARF RD Model: R030SW3·R 900 Keypad Gate size: 16'L x 6'H -400 lbs; painted yellow 28 JELKS PRESERVE ..; Chamberlain Elite Yes 1 Robo Swing R900 Operator 2300 NORTH RIVER ROAD, VENICE Model: RoboSW3·R900 PUBUC UTIUTY SITES 14 29 BEE RIDGE WRF ..; Chamberlain LiftMaster Linear 1 1{2 HP -120 Volt 4001 IONA ROAD, SARASOTA Model: MSL-DC·BB3 CARLTON WTF (GATE 1) Chamberlain Elite Chain driven 30 1255 MABRY CARLTON PKWY, VENICE ..; Model: SL-3000-UL Yes 1 Cyclone fence -entrance and exit gates • 2 openers 31 CARLTON WTF (GATE 2) v Chamberlin LiftMaster Yes 1 Roller driven 1255 MABRY CARLTON PKWY, VENICE Model: SN-7100310 32 CARLTON WTF (GATE 3) v Chamberlin Elite Yes 1 Cyclone fence -only 1 side opens 1255 MABRY CARLTON PKWY, VENICE Model: ROBOSW3R900 CENTRAL COUNTY WRF Chamberlain LiftMaster Linear 33 7905 S. MONTOSH ROAD, SARASOTA v Model: MSL-DC-BB3 Access 1 1/1. HP -120 Volt RE-1 34 JACARANDA WTF v Chamberlin LiftMaster Yes 2 l HP • Roller driven 1350 JACARANDA BLVD, VENICE Model: HS670-100-11GC Aluminum spike double gate 35 PUMP STATION 1 v Chamberlin LiftMaster Yes 1 1 HP • Roller driven 3120 UNIVERSITY PARKWAY, SARASOTA Model: HS670-100-11GC3 Cyclone fence -Galvanized 2 ATIACHMENT 1 -FACILITY LIST Gate Type Gate Detail L. E Cll < > L. Facility Name and Location ..!!! g\ Cll Brand I Model No. Key Pad #of Additional Description Cl.I :;:; c .E -g c ~ ~ a ~ Gates 36 PUMP STATION 2 ..; Chamberlin LirtMaster Yes l 1/2 HP -Chain driven 1001 BENEVA ROAD, SARASOTA Model: MSL-DC-BB3 Cyclone fence -Black plastic coated 37 PUMP STATION 3 ,/ Chamberlin LirtMaster Yes 1 1/2 HP -Chain driven S508 RUBY PL, SARASOTA Model: MSL-DC-BB3 Cyclone fence -Galvanized 38 PUMP STATION 5 .; Chamberlin LirtMaster Yes l 1/2 HP -Chain driven 5949 PROCTOR ROAD, SARASOTA Model: MSL-DC-BB3 Cyclone fence -Brown plastic coated 39 PUMP STATION 6 ..; Chamberlin LirtMaster Yes l 1/2 HP -Chain driven 4201 VAMO WAY, SARASOTA Model: MSL-DC-BB3 Cyclone fence -Galvanized 40 SIESTA KEY WWTP ..; Chamberlain Elite Linear 1 5200 OAKMONT PLACE, SARASOTA Model: 51.3000-L/l VENICE GARDENS WRF Chamberlain LiftMaster Linear 41 ..; Access l 1/2 HP: 120 Volt 375 VENICE EAST BLVD, VENICE Model: MSL-DC-BB3 RE-1 SOUD WASTE FACTl.:ITIES 4' -- OiEMICAL COLLECTION CTR Chamberlain LiftMaster 1/2 HP 120V with Solar Backup; Mega Slide, 42 8750 BEE RIDGE RD, SARASOTA ..; Model: Unknown No 1 Remote Transmitters; Chain Driven; Gate is vinyl coated Cyclone LANDFILL RIGHT OF WAY ACCESS GATE American Access System 12V DC Motor; 10 Watt Solar Panel; Remote 43 ,/ Model: Advantage DKE 26-Yes 1 9690 QARK ROAD, SARASOTA lOOL Transmitters; Gate is a Five Panel Gate ROTHENBACH PARK Chamberlain LiftMaster 2 2 slide gate operators; 1/2 HP 120V with Battery 44 8650 BEE RIDGE RD ..; Model: MSLDCBB Linear 2 Backup; Gate is welded Aluminum Black Powder Coated Wrought Iron 3 Electric Gates Amt Northeast WPC 3 General Services 1 Public Works 3 FDOT 2 East WPC 1 Countryside PD Impound Lot 1 Marshall St 2 RO #2 1 RO #1 2 RO #3 1 Solid Waste 1 Clearwater Airpark 2 Mocassin Lake 1 Solid Waste Transer Station 1 Carpenter Field 1 Baycare Ballparks 2 Gas Complex 4 Rolling Manual Gates Various locations & sizes 55‐65 Roll Down Gates various locattions & sizes 15‐20 (Concession stands & food service areas) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9376 Agenda Date: 8/19/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Authorize purchase orders to Iron Container of Miami, FL and Wastequip Manufacturing Company LLC of Statesville, NC to provide front load containers in a cumulative not to exceed amount of $250,000.00 for the term September 1, 2021 through August 31, 2022 with two one-year renewal options at the City’s discretion pursuant to Invitation to Bid (ITB) No. 32-21, Front Load Containers, and authorize the appropriate officials to execute same. (consent) SUMMARY: ITB No. 32-21, Front Load Containers was issued on May 14, 2021 with two submissions received on June 15, 2021. After full review, the Solid Waste and Recycling Department is recommending award for the purchase of front load containers to the two respondents as follows: Wastequip Manufacturing Company LLC Item 1: Two cubic yard (2 yd3) slant top - caster pads Item 2: Three cubic yard (3 yd3) slant top - caster pads Item 4: Four cubic yard (4 yd3) slant top - caster pads Item 7: Six cubic yard (6 yd3) slant top Item 9: Eight cubic yard (8 yd3) slant top Item 10: Eight cubic yard (8 yd3) straight top w/doors Iron Container Item 3: Three cubic yard (3 yd3) straight top - caster pads Item 5: Four cubic yard (4 yd3) straight top - caster pads Item 6: Four cubic yard (4 yd3) straight top w/ doors - caster pads Item 8: Six cubic yard (6 yd3) straight top w/ doors To ensure continuity of supply, due to the volatile steel market, and to minimize vendor’s freight charges, staff is requesting flexibility to order from either vendor to ensure the City is getting the best price available. APPROPRIATION CODE AND AMOUNT: Funding for this contract is available in capital project 96444, Commercial Container Acquisition. Page 1 City of Clearwater Printed on 8/17/2021 File Number: ID#21-9376 Page 2 City of Clearwater Printed on 8/17/2021 v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #32-21 Front Load Containers May 14, 2021 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, June 15, 2021 to provide Front Load Containers. Brief Description: The City of Clearwater’s Solid Waste Department is soliciting sealed bids to supply the City of Clearwater with Front Load Containers (dumpsters) to support daily operations and its customers. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Kelly Rogers Procurement Analyst Kelly.Rogers@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Front Load Containers 2 ITB #32-21 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: June 15, 2021 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if INSTRUCTIONS Front Load Containers 3 ITB #32-21 any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.10 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.11 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.12 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the INSTRUCTIONS Front Load Containers 4 ITB #32-21 brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.13 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.14 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.15 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.16 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.17 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.18 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.19 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. INSTRUCTIONS Front Load Containers 5 ITB #32-21 i.20 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any discrepancy exists between this Section and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Front Load Containers 6 ITB #32-21 i.21 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.22 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.24 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.25 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.26 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.27 BID TIMELINE. Dates are tentative and subject to change. Release ITB: May 14, 2021 Advertise Tampa Bay Times: May 19, 2021 Bids due: June 15, 2021 Review bids: June 15-22, 2021 Award recommendation: June 22, 2021 Council authorization: August 5, 2021 Contract begins: August 2021 STANDARD TERMS AND CONDITIONS Front Load Containers 7 ITB #32-21 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, STANDARD TERMS AND CONDITIONS Front Load Containers 8 ITB #32-21 dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, STANDARD TERMS AND CONDITIONS Front Load Containers 9 ITB #32-21 and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s STANDARD TERMS AND CONDITIONS Front Load Containers 10 ITB #32-21 custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. STANDARD TERMS AND CONDITIONS Front Load Containers 11 ITB #32-21 S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. STANDARD TERMS AND CONDITIONS Front Load Containers 12 ITB #32-21 S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as STANDARD TERMS AND CONDITIONS Front Load Containers 13 ITB #32-21 needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent STANDARD TERMS AND CONDITIONS Front Load Containers 14 ITB #32-21 such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Front Load Containers 15 ITB #32-21 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of nearly 118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home to Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. SPECIFICATIONS. The City’s Solid Waste Department is soliciting sealed bids to provide the City with front load containers (dumpsters) constructed per the following specifications: • NO laminated steel is to be used • Front, rear, and sides to be constructed with minimum twelve (12) gauge steel • Bottom to be constructed of ten (10) gauge steel • Heavy duty sleeves (gusseted sleeves preferred) • Watertight with drain plug • Reinforced steel top border • Painted with quality primer and rust preventative paint in designated choice of color • Paint color choices – dark blue and forest green • Caster pads on all two cubic yard (2 yd3) containers, three cubic yards (3 yd3) containers and four cubic yard (4 yd3) containers • Containers with a slant top lid: two cubic yards (2 yd3), three cubic yards (3 yd3), four cubic yards (4 yd3), six cubic yards (6 yd3), eight cubic yards (8 yd3) • Containers with a straight top lid: three cubic yards (3 yd3), four cubic yards (4 yd3) • Containers with a straight top lid w/doors: four cubic yards (4 yd3), six cubic yards (6 yd3), eight cubic yards (8 yd3) For a complete list of containers requested under this solicitation, refer to the Bid Pricing form (page 20). 3. PRICING. • Vendor agrees that they are responsible for submitting cost and pricing data which are accurate, complete, current, and in accordance with the terms set forth in this contract with respect to pricing front load containers to the City. • Prices shall be all-inclusive. • The City reserves the right to request the Vendor’s records to verify the accuracy and appropriateness of the pricing data used to price all orders during the entire term of the contract. • All prices offered herein shall be firm against any increase for ninety (90) days from the date that bids are accepted. After this date, it shall be the Vendor's responsibility to notify the City of any change in price and submit a request for a price increase to Solid Waste Department and Procurement Division by furnishing documentation of price lists reflecting supplier and/or manufacturer price increases. • The City reserves the right to accept or reject the request for a price increase within thirty (30) days of such notice. 4. DELIVERY. • The number of business days for guaranteed delivery after receipt of order shall be stated on the Bid Pricing form (page 20). Delivery timelines must be realistic, and the Vendor must be capable of meeting designated delivery date(s) for each order placed. DETAILED SPECIFICATIONS Front Load Containers 16 ITB #32-21 • The City will work with Vendor to purchase trailer-load quantities to assist in minimizing vendor’s freight charges. • Delivery shipments shall be rejected which fail to meet any contract specifications stated in this document. In the event that a delivery shipment is rejected by the City, upon notification to the Vendor that the shipment is rejected, the Vendor shall be required to ship a replacement delivery within thirty (30) days from the time of notification. Failure to provide replacement product that meets the bid specifications will constitute failure to comply with the delivery requirements set forth in this document and may be grounds for termination. • The City reserves the right to change quantities and delivery dates at their discretion within a twenty-four (24) hour notice of placing an order. • Offloading shall be included in price of containers. • Vendor shall furnish an itemized delivery ticket complete with unit pricing with each order. All delivery tickets shall include the Purchase Order number and must be signed by City personnel and a copy shall be left at the delivery location. • The City reserves the right to add or delete locations anytime during the contract period. • Delivery time of day shall be arranged upon placement of order and shall be between the hours of 7:00 AM – 3:00 PM EST, Monday thru Friday excluding all City holidays. • Delivery shall be made to the location indicated: Clearwater Solid Waste Facility 1701 N. Hercules Ave. Clearwater FL 33765 4. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. DETAILED SPECIFICATIONS Front Load Containers 17 ITB #32-21 The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition, when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #32-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Front Load Containers 18 ITB #32-21 1. BEGINNING AND END DATE OF INITIAL TERM. August 2021 through July 2022. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year (change as appropriate) renewals possible at the City’s option. 4. PRICES. The Vendor certifies that the prices offered to the City are no higher than the lowest price the Vendor charges other buyers for similar quantities under similar conditions. The Vendor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Vendor shall notify the City within seven (7) days of such price reductions. ADJUSTMENTS TO CONTRACT TERMS & CONDITIONS NECESSITATED BY MARKET VOLATILITY The City may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply are affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all of the following criteria: 1. The volatility is due to causes wholly beyond the vendor’s control. 2. The volatility affects the marketplace or industry, not just the particular vendor’s source of supply. 3. The effect on pricing or availability of supply is substantial. Substantial is defined as greater than ten (10) %. The determination as to whether a situation represents “extreme” volatility of the marketplace and/or whether the effect on pricing or availability is “substantial” shall be solely at the discretion of the City. Increase requests for increase adjustments will not be considered more than once in a 30-day period. Any claim by the Manufacturer for payment of a cost increase, as provided above, shall require written notice delivered by the Manufacturer or their assigned representative to the Solid Waste Department stating the increased cost, the building material or materials in question, and the source of supply, supported by invoices or bills of sale. NOTE: All price increases must be pre-approved by the Solid Waste Department and the Procurement Division. No fuel surcharges will be accepted. BID SUBMISSION Front Load Containers 19 ITB #32-21 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested) Bid container properly labeled Bid pricing form, page 20 Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Front Load Containers 20 ITB #32-21 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Front Load Containers to the City of Clearwater at the price(s) stated below. Unit prices shall be all-inclusive. QUANTITIES STATED ARE ESTIMATES ONLY BASED ON HISTORICAL ANNUAL PURCHASES AND INDICATED FOR BID CALCULATIONS ONLY. ACTUAL PURCHASES WILL VARY. Item Estimated No. Description Unit Price Quantity Total Price 1 Two cubic yard (2 yd3) slant top - caster pads $ 45 Each $ 2 Three cubic yard (3 yd3) slant top - caster pads $ 23 Each $ 3 Three cubic yard (3 yd3) straight top - caster pads $ 4 Each $ 4 Four cubic yard (4 yd3) slant top - caster pads $ 32 Each $ 5 Four cubic yard (4 yd3) straight top – caster pads $ 5 Each $ 6 Four cubic yard (4 yd3) straight top w/ doors – caster pads $ 5 Each $ 7 Six cubic yard (6 yd3) slant top $ 12 Each $ 8 Six cubic yard (6 yd3) straight top w/ doors $ 2 Each $ 9 Eight cubic yard (8 yd3) slant top $ 27 Each $ 10 Eight cubic yard (8 yd3) straight top w/doors $ 6 Each $ Total Bid Vendor can deliver the product within _______ business days from order date. NOTE: The City will work with Vendor to purchase trailer-load quantities to assist in minimizing vendor’s freight charges. DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices shall include all freight and transportation charge. Offloading shall be included in price of containers PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Front Load Containers 21 ITB #32-21 Bidders shall indicate any, and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION Front Load Containers 22 ITB #32-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. SCRUTINIZED COMPANIES FORM Front Load Containers 23 ITB #32-21 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by ______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Front Load Containers 24 ITB #32-21 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION Front Load Containers 25 ITB #32-21 By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Front Load Containers 26 ITB #32-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #32-21, Front Load Containers Due Date: June 15, 2021, at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #32-21, Front Load Containers Due Date: June 15, 2021, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 CITY OF CLEARWATER ITB # 32-21, FRONT LOAD CONTAINERS DUE DATE: JUNE 15, 2021; 10:00 AM BID TABULATION ITEM DESCRIPTION Iron Container 8505 NW 74th Street Miami, FL 33166 Wastequip Manufacturing Company, LLC 941 Meacham Road Statesville, NC 28677 1 Two cubic yard (2 yd3) slant top - caster pads 32,850.00$ 31,275.00$ 2 Three cubic yard (3 yd3) slant top - caster pads 20,700.00$ 19,228.00$ 3 Three cubic yard (3 yd3) straight top - caster pads 3,600.00$ -$ 4 Four cubic yard (4 yd3) slant top - caster pads 32,000.00$ 30,432.00$ 5 Four cubic yard (4 yd3) straight top – caster pads 5,000.00$ -$ 6 Four cubic yard (4 yd3) straight top w/ doors – caster pads 5,200.00$ -$ 7 Six cubic yard (6 yd3) slant top 15,588.00$ 14,736.00$ 8 Six cubic yard (6 yd3) straight top w/ doors 2,680.00$ 2,704.00$ 9 Eight cubic yard (8 yd3) slant top 41,850.00$ 39,528.00$ 10 Eight cubic yard (8 yd3) straight top w/doors 9,540.00$ 9,180.00$ Total Bid Items 1 – 10:169,008.00$ 147,083.00$ NOTE: Items with a star ( ) indicates intent to award. July 22, 2021 NOTICE OF INTENT TO AWARD The Solid Waste department and the Procurement Division recommend award of ITB No. 32-21, Front Load Containers, to the lowest most responsible bidders, in accordance with the bid specifications, in the estimated annual amount of $250,000 for a period of one (1) year, with two (2), one (1) year extension options. Wastequip Manufacturing Company LLC Item 1: Two cubic yard (2 yd3) slant top - caster pads Item 2: Three cubic yard (3 yd3) slant top - caster pads Item 4: Four cubic yard (4 yd3) slant top - caster pads Item 7: Six cubic yard (6 yd3) slant top Item 9: Eight cubic yard (8 yd3) slant top Item 10: Eight cubic yard (8 yd3) straight top w/doors Iron Container Item 3: Three cubic yard (3 yd3) straight top - caster pads Item 5: Four cubic yard (4 yd3) straight top – caster pads Item 6: Four cubic yard (4 yd3) straight top w/ doors – caster pads Item 8: Six cubic yard (6 yd3) straight top w/ doors This award is being made to multiple vendors to ensure a continuity of supply in this volatile market. Flexibility to order product from either of the awarded vendors may be used if needed. This Award recommendation will be considered by the City Council at the August 16, 2021 Work Session (9:00 a.m.) and voted on at the August 19, 2021 Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Kelly Rogers at Kelly.Rogers@myclearwater.com , or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Kelly Rogers Kelly Rogers Procurement Analyst 1) Iron Container 2) UMC Energy Solutions, Inc 8505 NW 74th Street 461 North Broadway Miami, FL 33166 Joshua, TX 76058305-726-2150 1-800-723-4056 *withdrew bid on 6/23/21 3) Wastequip Manufacturing Company LLC 841 Meacham Rd Stateville, NC 28677 1-800-424-0422 x09587 ADVERTISED: TAMPA BAY TIMES 5/19/2021 POSTED:myclearwater.com 5/14/2021 FOR THE CITY OF CLEARWATER Due/Opening: June 15, 2021; 10:00 a.m. INVITATION TO BID No. 32-21 Front Load Containers Solicitation Response Listing Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9534 Agenda Date: 8/19/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.14 SUBJECT/RECOMMENDATION: Reappoint Councilmember David Allbritton to the Forward Pinellas/Metropolitan Planning Organization (MPO)/Pinellas Planning Council (PPC), as the Clearwater representative, for a four-year term, beginning October 1, 2021 through September 30, 2025. (consent) SUMMARY: Page 1 City of Clearwater Printed on 8/17/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9535 Agenda Date: 8/19/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.15 SUBJECT/RECOMMENDATION: Reappoint Councilmember David Allbritton to the Pinellas Suncoast Transit Authority (PSTA), as the Clearwater representative, for a three-year term beginning October 1, 2021 through September 30, 2024. (consent) SUMMARY: Page 1 City of Clearwater Printed on 8/17/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-06009 Agenda Date: 8/19/2021 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3036 Glen Oak Avenue N. and pass Ordinances 9478-21, 9479-21, and 9480-21 on first reading. (ANX2021-06009) SUMMARY: This voluntary annexation petition involves a 0.214-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the north side of Glen Oak Avenue N. approximately 150 feet east of Moss Avenue. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing city boundaries to the west and south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the City of Clearwater. The closest sanitary sewer line is located in the adjacent Glen Oak Avenue N. right-of-way. The applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend city sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire, and EMS service. The property will continue to receive water service from the City. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation Page 1 City of Clearwater Printed on 8/17/2021 File Number: ANX2021-06009 of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the west and south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/17/2021 Ordinance No. 9478-21 ORDINANCE NO. 9478-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF GLEN OAK AVENUE N APPROXIMATELY 150 FEET EAST OF MOSS AVENUE, WHOSE POST OFFICE ADDRESS IS 3036 GLEN OAK AVENUE N, CLEARWATER, FL 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 19, Block C, KAPOK TERRACE, according to the plat thereof as recorded in Plat Book 36, Pages 14 and 15, of the Official Records of Pinellas County, Florida; (ANX2021-06009) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9478-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” 14/02 3.30 694(S)429(S)41/01 1.2 283 166 230363257 270000 271000ABBEY ABBEYCT 45108 12345678910 11 12 55 56 1 23 4 5 6 7 8 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4041 42 43 44 4548 49 50 51 5253 23/05 23/031 4.13 23/0410 1025.9210691(S)14 10 313.79 171.64136.5 324000 LAKE CAROL C E F C D G 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6(14) 32/01 1.57 116(S) 116 593593PARK AC(C) AC (C) AC(C) AC (C)MOS S A V E LAKE VISTA DR GLEN OAK AVE N N BAYVIEW AVE KAPOK KOVE DR GLEN OAK AVE ETERRACE VIEW LN KAPOK CIR KAPOK KOVE CIR 800 911 917 809 801 815 907 900 807 906 8 0 6 918 906 8 0 1 9112950 3030301230243050300030603006304430181200 1107 3084300130192998304230803012306830133006303030071112 30481116 3020307630833000303730243030304230741016 1113 1113 30363070901 808 915 920 916914 912 910908 904 8 0 0 924 3081306130723036304130313055304930403025306930353075304030341201 30613041306730361201 30401100 3021308730471206 3073303930351207 302930411200 30431200 308130251106 30491201 3047306330691207 30753055305730333048305330453035305730791206 305130851207 30463063-Not to Scale--Not a Survey-Rev. 6/9/2021 PROPOSED ANNEXATION MAP Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9479-21 ORDINANCE NO. 9479-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF GLEN OAK AVENUE N APPROXIMATELY 150 FEET EAST OF MOSS AVENUE, WHOSE POST OFFICE ADDRESS IS 3036 GLEN OAK AVENUE N, CLEARWATER, FL 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 19, Block C, KAPOK TERRACE, according to the plat thereof as recorded in Plat Book 36, Pages 14 and 15, of the Official Records of Pinellas County, Florida; Residential Low (RL) (ANX2021-06009) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9478-21. Ordinance No. 9479-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” 14/02 3.30 694(S)429(S)41/01 1.2 283 166 230363257 270000 271000ABBEY ABBEYCT 45108 12345678910 11 12 55 56 1 23 4 5 6 7 8 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4041 42 43 44 4548 49 50 51 5253 23/05 23/031 4.13 23/0410 1025.9210691(S)14 10 313.79 171.64136.5 324000 LAKE CAROL C E F C D G 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 (14) 32/01 1.57 116(S) 116 593593PARK AC(C) AC (C) AC(C) AC (C) WATER RL RL RL RL RL RL RL P RL CG RU RU RL R/OS R/OS RL RL P P RL WATER RM MOS S A V E LAKE VISTA DR GLEN OAK AVE N N BAYVIEW AVE KAPOK KOVE DR GLEN OAK AVE ETERRACE VIEW LN KAPOK CIR KAPOK KOVE CIR 800 911 917 809 801 815 907 900 807 906 806 918 9112950 303030123024305030003060300630441200 308430192998304230803012306830133006303030071112 30481116 3020307630833000303730243030304230741016 1113 1113 30363070901 808 915 920 916914912 910908 904 800 9 0 6 801 924 30813061307230363041303130553049304030253018306930351107 30753001304030341201 30613041306730361201 30401100 3021308730471206 3073303930351207 3029304112 0 0 30431200 308130251106 30491201 3047306330691207 30753055305730333048305330453035305730791206 305130851207 30463063-Not to Scale--Not a Survey-Rev. 6/9/2021 PROPOSED FUTURE LAND USE MAP Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9480-21 ORDINANCE NO. 9480 -21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF GLEN OAK AVENUE N APPROXIMATELY 150 FEET EAST OF MOSS AVENUE, WHOSE POST OFFICE ADDRESS IS 3036 GLEN OAK AVENUE N, CLEARWATER, FL 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9478-21. Property Zoning District Lot 19, Block C, KAPOK TERRACE, according to the plat thereof as recorded in Plat Book 36, Pages 14 and 15, of the Official Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2021-06009) Ordinance No. 9480-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” 14/02 3.30 694(S)429(S)41/01 1.2 283 166 230363257 270000 271000ABBEY ABBEYCT 45108 12345678910 11 12 55 56 1 23 4 5 6 7 8 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4041 42 43 44 4548 49 50 51 5253 23/05 23/031 4.13 23/0410 1025.9210691(S)14 10 313.79 171.64136.5 324000 LAKE CAROL C E F C D G 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 (14) 32/01 1.57 116(S) 116 593593PARK AC(C) AC (C) AC(C) AC (C) LMDR C OS/R LDR OS/R MDR MDR MOS S A V E LAKE VISTA DR GLEN OAK AVE N N BAYVIEW AVE KAPOK KOVE DR GLEN OAK AVE ETERRACE VIEW LN KAPOK CIR KAPOK KOVE CIR 800 911 917 809 801 815 907 900 807 906 806 918 9 0 6 801 9112950 3030301230243050300030603006304430181200 1107 3084300130192998304230803012306830133006303030071112 30481116 3020307630833000303730243030304230741016 1113 1113 30363070901 808 915 920 916914912 910908 904 800 924 3081306130723036304130313055304930403025306930353075304030341201 30613041306730361201 30401100 3021308730471206 3073303930351207 3029304112 0 0 30431200 308130251106 30491201 3047306330691207 30753055305730333048305330453035305730791206 305130851207 30463063-Not to Scale--Not a Survey-Rev. 6/9/2021 PROPOSED ZONING MAP Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST N BAYVIEW AVE MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE WOLFE RD LAKE VISTA DR GLEN OAK AVE N THOMAS RD KAPOK KOVE DR MISSION CIR CHAMBLEE LN BORDEAUX LN SAN MATEO ST TERRACE VIEW LN ABBEY CT BRIGADOON DR PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/9/2021 EXISTING SURROUNDING USES MAP Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 14/02 3.30 694(S)429(S)41/01 1.2 283 166 230363257 270000 271000ABBEY ABBEYCT 45108 12345678910 11 12 55 56 1 23 4 5 6 7 8 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4041 42 43 44 4548 49 50 51 5253 23/05 23/031 4.13 23/0410 1025.9210691(S)14 10 313.79 171.64136.5 324000 LAKE CAROL C E F C D G 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6(14) 32/01 1.57 116(S) 116 593593PARK AC(C) AC (C) AC(C) AC (C)MOS S AV E LAKE VISTA DR GLEN OAK AVE N N BAYVIEW AVE KAPOK KOVE DR GLEN OAK AVE ETERRACE VIEW LN KAPOK CIR KAPOK KOVE CIR 800 911 917 809 801 815 907 900 807 906 806 918 906 801 9112950 3030301230243050300030603006304430181200 1107 3084300130192998304230803012306830133006303030071112 30481116 3020307630833000303730243030304230741016 1113 1113 30363070901 808 915 920 916914912 910908 904 800 924 3081306130723036304130313055304930403025306930353075304030341201 30613041306730361201 30401100 3021308730471206 3073303930351207 302930411200 30431200 308130251106 30491201 3047306330691207 30753055305730333048305330453035305730791206 305130851207 30463063-Not to Scale--Not a Survey-Rev. 6/9/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential RU MOS S A V E MOS S A V E LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N N BAYVIEW AVE N BAYVIEW AVE KAPOK KOVE DR KAPOK KOVE DR GLEN OAK AVE EGLEN OAK AVE ETERRACE VIEW LN TERRACE VIEW LN KAPOK CIR KAPOK CIR KAPOK KOVE CIR KAPOK KOVE CIR -Not to Scale--Not a Survey-Rev. 6/9/2021 AERIAL PHOTOGRAPH Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) ANX2021-06009 Joe & Maria Hernandez 3036 Glen Oak Avenue N View looking north at subject property 3036 Glen Oak Avenue N West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Glen Oak Avenue N View looking westerly along Glen Oak Avenue N Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-06011 Agenda Date: 8/19/2021 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1272 Sedeeva Circle North and pass Ordinances 9484-21, 9485-21, and 9486-21 on first reading. (ANX2021-06011) SUMMARY: This voluntary annexation petition involves a 0.186-acre property consisting of one parcel of land occupied by a new single-family dwelling (currently under construction). The property is located on the north side of Sedeeva Circle N. approximately 220 feet west of N. Betty Lane. The applicant is requesting annexation in order to receive water, sanitary sewer, and solid waste service from the City. The property is contiguous to existing city boundaries to the north, east and south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The need for sanitary sewer and water service was prompted by the applicant ’s proposal to construct a single-family dwelling on a previously vacant lot. Due to timing issues, the applicant has started construction of the single-family dwelling while located in the County. The site plan approved by the County meets the minimum standard development provisions of the Low Medium Density Residential (LMDR) District. Due to the nature of the construction, Pinellas County will require the applicant to connect to the City’s sanitary sewer system prior to the issuance of a Certificate of Occupancy (CO). To ensure consistency in the application of Building Code inspections and to prevent any construction liability issues, the project will be built in its entirety under Pinellas County jurisdiction. For that reason, second reading of the annexation cannot occur until after the County issues a CO. The Planning and Development Department will schedule second and final reading after the applicant obtains the CO. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·Water, sanitary sewer, and solid waste service will be provided by the City. The closest sanitary sewer line is located in the adjacent Sedeeva Circle N. right-of-way. The applicant is aware that the sewer impact and assessment fees must be paid in full prior to connection and of the additional costs to extend to the City ’s sewer system. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #51 located at 1712 Overbrook Avenue. The City has adequate capacity to serve this property with water, sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have Page 1 City of Clearwater Printed on 8/17/2021 File Number: ANX2021-06011 an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The proposed use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the north, east and south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/17/2021 Ordinance No. 9484-21 ORDINANCE NO. 9484-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE N APPROXIMATELY 220 FEET WEST OF N BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1272 SEDEEVA CIRCLE N, CLEARWATER, FLORIDA 33755, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit “A” have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The West 10 feet of Lot 4 and all of Lot 5, Floradel Sub-Division, according to the map or plat thereof, as recorded in Plat Book 15, Page(s) 7, of the Public Records of Pinellas County, Florida; (ANX2021-06011) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9484-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A PROPOSED ANNEXATION MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SSHORE DR PINECREST WAY 197112781291124512571261130112651952 132512432024 1950128019491276128319541252 1329127812711942128712321273 1969 2021 1952 2025 132712901276126013101256126719471245 1295196312641234124612371235 19581249 1940 2022 19621231 12791287126712611274125612652020 123012662028 127412441275127012511960 12961260125312441288128412361938 12391240 1258127712711241127312871964 126819431233½12291998 12721992 129412901286128212741235131712351247 1941 1974 12262028 1946 1994 12851251 1249 20141300 12812020 12551937 2017 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 2027 12371940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 12261261 12911944 1981 12332031 1257 2015 2024 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021 Ordinance No. 9485-21 ORDINANCE NO. 9485-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE N APPROXIMATELY 220 FEET WEST OF N BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1272 SEDEEVA CIRCLE N, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category The West 10 feet of Lot 4 and all of Lot 5, Floradel Sub-Division, according to the map or plat thereof, as recorded in Plat Book 15, Page(s) 7, of the Public Records of Pinellas County, Florida; Residential Urban (RU) (ANX2021-06011) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9484-21. Ordinance No. 9485-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A PROPOSED FUTURE LAND USE MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 RU RU RU RU RU R/OS RU RM RU RU RU RMRU RU R/OS RM RURU RU N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SPINECREST WAY 197112781291124512571261130112651952 13251243195012801949127612831954125212781271 1942128712321273 1969 2021 1952 12901276126013101256126712451295196312641234124612371235 19581249 1940 2022 19621231 1279126712611274125612652020 123012662028 127412441275127012511960 1296126012531244128812841236193812401258 127712711241127312871964 12681233½12291998 12721992 129412901286128212741235131712351247 2024 1941 1974 12262028 1946 1994 132912851251 1249 20141300 2025 132712812020 12551937 2017 1947 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 12872027 12371940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 1239 12261261 12911944 1981 12332031 1257 2015 2024 1943 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021 Ordinance No. 9486-21 ORDINANCE NO. 9486-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE N APPROXIMATELY 220 FEET WEST OF N BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1272 SEDEEVA CIRCLE N, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9484-21. Property Zoning District The West 10 feet of Lot 4 and all of Lot 5, Floradel Sub-Division, according to the map or plat thereof, as recorded in Plat Book 15, Page(s) 7, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2021-06011) Ordinance No. 9486-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A PROPOSED ZONING MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 LMDR MDR OS/R MDRLMDR LMDR LMDR N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SSHORE DR PINECREST WAY 197112781291124512571261130112651952 132512432024 195012801949127612831954125212781271128712321273 1969 2021 1952 2025 132712901276126013101256126719471245 1295196312641234124612371235 19581249 1940 2022 19621231 1279127412562020 123012662028 127412441275127012511960 12961260125312441288128412361938 12391240 1258127712711241127312871964 126819431233½12291998 12721992 129412901286128212741235131712351247 1941 1974 12262028 1946 1994 132912851251 1249 1942 20141300 12812020 12551937 2017 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 1287126712612027 123712651940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 12261261 12911944 1981 12332031 1257 2015 2024 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021 LOCATION MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST KINGS HWY N BETTY LN DOUGLAS AVE IDLEWILD DR SUNSET POINT RD WOODLAWN TER PALM ST STATE ST BERMUDA ST POINSETTA AVE SEDEEVA CIR N ARBELIA ST THE MALL CHENANGO AVE ALOHA LN COLES RD N EVERGREEN AVE SEDEEVA CIR S MACOMBER AVE SHERIDAN RD OAKDALE WAY PINECREST WAY PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/9/2021 AERIAL PHOTOGRAPH Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) N BETTY LN N BETTY LN IDLEWILD DR IDLEWILD DR STATE ST STATE ST WOODLAWN TER WOODLAWN TER SEDEEVA CIR NSEDEEVA CIR N POINSETTA AVE POINSETTA AVE CHENANGO AVE CHENANGO AVE BERTLAND WAY BERTLAND WAY SEDEEVA CIR SSEDEEVA CIR SSHORE DR SHORE DR PINECREST WAY PINECREST WAY -Not to Scale--Not a Survey-Rev. 6/9/2021 EXISTING SURROUNDING USES MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SSHORE DR PINECREST WAY 197112781291124512571261130112651952 132512432024 1950128019491276128319541252 1329127812711942128712321273 1969 2021 1952 2025 132712901276126013101256126719471245 1295196312641234124612371235 19581249 1940 2022 19621231 12791287126712611274125612652020 123012662028 127412441275127012511960 12961260125312441288128412361938 12391240 1258127712711241127312871964 126819431233½12291998 12721992 129412901286128212741235131712351247 1941 1974 12262028 1946 1994 12851251 1249 20141300 12812020 12551937 2017 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 2027 12371940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 12261261 12911944 1981 12332031 1257 2015 2024 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021Single Family Residential Single Family Residential Single Family Residential Single Family Residential Park Single Family Residential ANX2021-06011 Paramount Court, LLC 1272 Sedeeva Circle N View looking north at subject property 1272 Sedeeva Circle N West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Sedeeva Circle N View looking westerly along Sedeeva Circle N Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9537 Agenda Date: 8/19/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Amend Clearwater Code of Ordinances, Sections 2.226 through 2.229, addressing statutorily mandated changes in Section 420.9076, Florida Statutes (2020), which sets forth the requirements for establishing a local Affordable Housing Advisory Committee and pass Ordinance 9438-21 on first reading. SUMMARY: As a recipient of State Housing Initiatives Partnership Program funding, the City of Clearwater is required by Section 420.9076, Florida Statutes, to establish an Affordable Housing Advisory Committee (AHAC). The AHAC is required to review the city’s policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan and recommend specific actions or initiatives to facilitate affordable housing. The AHAC’s recommendations are memorialized in the City’s Local Housing Incentive Strategy which is submitted to City Council and to the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program under Section 420.531, Florida Statutes (2020) at the completion of the AHAC’s work each year. In 2008, City Council adopted Ordinance No. 7981-08 to establish the Neighborhood and Affordable Housing Advisory Board as the AHAC. Ordinance No, 8068-09 provided for the AHAC to be constituted every three years, as previously statutorily mandated, and for the termination of terms of the Committee following completion of its periodic duties. Ordinance 9438-21 captures the 2020 statutory changes regarding the composition of the AHAC. The AHAC was previously required to convene every three years; the AHAC is now required to meet annually. The Committee must consist of one locally elected official from Clearwater and three additional committee members as provided for in the statute. The locally elected official serving on the AHAC must attend biannual regional workshops convened and administered under the Affordable Housing Catalyst Program as provided in section 420.531(2), Florida Statutes. If the locally elected official or a locally elected designee fails to attend three consecutive regional workshops, the Florida Housing Finance Corporation may withhold funds pending the person’s attendance at the next regularly scheduled biannual meeting. Staff will present a recommendation to appoint the 2021 AHAC by resolution at the September 2, 2021 council meeting. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/17/2021 File Number: ID#21-9537 N/A Page 2 City of Clearwater Printed on 8/17/2021 Ordinance No. 9438-21 ORDINANCE NO. 9438-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD; AMENDING CODE OF ORDINANCES, CHAPTER 2, ARTICLE III, DIVISION 9A, SECTIONS 2.226 THROUGH 2.229; PROVIDING FOR ANNUAL AUGMENTATION OF THE NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD BY RESOLUTION OF THE CITY COUNCIL, TO APPOINT THE AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR THE APPOINTMNENT OF AN ELECTED LOCAL OFFICIAL TO THE COMMITTEE; PROVIDING THAT THE ELECTED LOCAL OFFICIAL ATTEND BIANNUAL REGIONAL WORKSHOPS; PROVIDING FOR THE WITHHOLDING OF FUNDS SHOULD ELECTED OFFICIAL FAIL TO ATTEND WORKSHOPS; PROVIDING FOR THE ANNUAL REVIEW OF POLICIES AND PROCEDURES, ORDINANCES, LAND DEVELOPMENT REGULATIONS, AND ADOPTED LOCAL GOVERNMENT COMPREHENSIVE PLAN TO FACILITATE AFFORDABLE HOUSING, AND FOR THE ANNUAL SUBMISSION BY THE COMMITTEE OF A REPORT REGARDING SAME TO COUNCIL AND THE STATEWIDE AGENCY OVERSEEING THE AFFORDABLE HOUSING CATALYST PROGRAM IN ACCORDANCE WITH SECTION 420.531, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 7981-08 established the Neighborhood and Affordable Housing Advisory Board as the Affordable Housing Advisory Committee (“Committee”); and WHEREAS, Ordinance No. 8068-09 provided for the Affordable Housing Advisory Committee to be constituted every three years, as previously statutorily mandated, and for the termination of terms of the Committee following completion of its periodic duties; and WHEREAS, it has been statutorily mandated that the Committee include an additional member, specifically, an elected official from each municipality participating in the State Housing Initiatives Partnership Program; and WHEREAS, it has also been statutorily mandated that the Committee shall review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan and recommend specific actions or initiatives to facilitate affordable housing, and submit a report to the local governing body and to the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program which include Ordinance No. 9438-21 [GM14-1510-166/273901/1] 2 recommendations on the implementation of affordable housing incentives annually; and WHEREAS, the locally elected official serving on an advisory committee, or a locally elected designee, must attend biannual regional workshops convened and administered under the Affordable Housing Catalyst Program as provided in section 420.531(2), Florida Statutes; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Code of Ordinances, Division 9A, Sections 2.226 through 2.229 is hereby amended to read as follows: Sec. 2.226. - Creation; membership. (1) There is hereby created and established the Neighborhood and Affordable Housing Advisory Board of the City of Clearwater. (2) The board shall consist of a minimum of seven members and augmented by one to four members triennially annually appointed by resolution of the city council pursuant to section 2.228(4), who are residents of or conduct work in the city. Members shall be appointed by the city council. The board shall include the following: 1. One citizen who is actively engaged in the residential home building industry in connection with affordable housing. 2. One citizen who is actively engaged in the banking or mortgage industry in connection with affordable housing. 3. One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. 4. . One citizen who is actively engaged as a not-for-profit provider of affordable housing. 5. One citizen who is actively engaged as a real estate professional in connection with affordable housing. 6. One citizen who resides within the City of Clearwater. 7. One citizen who represents employers within the City of Clearwater. (3) Of the initial appointments, three members shall be appointed for a term of four years; two members shall be appointed for a term of three years; two members shall be appointed for a term of two years. Thereafter, appointments shall be for a term of four years. A member, including a member initially appointed for term of less than four years, may be reappointed for not more than one additional term. If a vacancy occurs, a new appointment shall be made by the city council for the unexpired term. Members shall serve without pay. Ordinance No. 9438-21 [GM14-1510-166/273901/1] 3 Sec. 2.227. - Officers; conduct of meetings; staff liaison. (1) The board shall elect from its membership a chairperson, a vice-chairperson, and such other officers as the board may find necessary. Each officer of the board shall serve for a term of one year. The chairperson shall not serve consecutive terms as chairperson. (2) The board shall adopt rules of procedure to govern the conduct of its business. The board shall hold at least one regular meeting every three months and may hold regular meetings more frequently as the board may agree, but not more than one regular meeting shall be held per month. Special meetings may be called as is necessary by the chairperson, or by any three members, upon not less than 24 hours written notice. A quorum shall consist of the majority of the members currently serving. In the presence of a quorum, board business shall be conducted by a majority vote of the members present and voting. The board and its members shall comply with the public records and public meeting laws and other applicable laws of the State of Florida. (3) The city manager shall designate a city employee to serve as staff liaison for the board and to assist the board in the performance of its duties, including the appointment of a recording secretary to meet the administrative needs of the board. Any request by the board for information, reports, or other significant work efforts that will reasonably be expected to exceed eight hours of staff time shall require the advance approval of the city council. Sec. 2.228. - Powers and duties. The board shall have the following powers and duties: (1) Review the programs of the city which are directed to improving the physical environment and lifestyle of low to moderate income people assisted by the various federal, state and county housing and community development programs the city receives, by: (a) Assessing neighborhood needs; (b) Formulating neighborhood goals and objectives; (c) Establishing priorities for projects within neighborhoods; (d) Monitoring programs; and (e) Evaluating programs. (2) The monitoring and evaluation of programs shall, as a minimum, include the following activities: (a) Attending and participating in public hearings regarding the programs; (b) Reviewing condition data; (c) Reporting citizen reactions to projects and programs; Ordinance No. 9438-21 [GM14-1510-166/273901/1] 4 (d) Reviewing reports regarding projects and program activities; (e) Reviewing goals and objectives and recommending priorities for the order in which activities are to be undertaken; and (f) Reviewing applications for the funding of selected programs. (3) Make recommendations to the city manager and city council regarding such programs. (4) Carry out the duties of an advisory committee when and to the extent that an advisory committee may be required for the various state, federal and county housing and community development program funding the city receives. Every three years year, the Board shall sit separately as the Affordable Housing Advisory Committee (AHAC) according to F.S. § 420.9076. In addition to the seven members, the Committee must consist of one locally elected official from Clearwater, and four three additional committee members will be appointed by resolution of the city council in from the following categories: (1) One citizen who is a representative of those areas of labor engaged in home building in connection with affordable housing. (2) One citizen who is actively engaged as a for-profit provider of affordable housing. (3) One citizen who serves on the local planning agency pursuant to F.S. § 163.3174. (4) One citizen who represents essential services personnel, as defined in the local housing assistance plan. The locally elected official serving on an advisory committee, or a locally elected designee, must attend biannual regional workshops convened and administered under the Affordable Housing Catalyst Program as provided in section 420.531(2), Florida Statutes. If the locally elected official or a locally elected designee fails to attend three consecutive regional workshops, the corporation may withhold funds pending the person’s attendance at the next regularly scheduled biannual meeting. The AHAC shall be appointed by resolution of the city council and shall have the following powers and duties: Review annually, the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the city and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The board shall submit an annual report to the city and to the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program which that includes recommendations on and triennially thereafter evaluates the implementation of affordable housing incentives in the following areas: Ordinance No. 9438-21 [GM14-1510-166/273901/1] 5 (a) The processing of approvals of development orders or permits and expedited permitting for affordable housing projects. (b) All allowable fee waivers provided The modification of impact fee requirements, including reduction or waiver of fees and alternative methods of fee payment for the development or construction of affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity for housing for very-low income persons, low-income persons, and moderate-income persons. (e) The allowance of affordable Affordable accessory residential units in residential zoning districts. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible lot configurations, including zero-lot line configurations for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which the city considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. (j) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed-use developments. The approval by the board of the city's local incentive strategies recommendations and its review of local government implementation of previously recommended strategies must be made by affirmative vote of a majority of the membership of the board taken at a public hearing. Notice of the time, date, and place of the public hearing of the board to adopt final housing incentive strategies recommendations must be published in a newspaper of general paid circulation in Pinellas County. The notice must contain a short and concise summary of the housing incentive strategies recommendations to be considered by the board. The notice must state the public place where interested persons can obtain a copy of the tentative board recommendations. Within 90 days after the date of receipt of the housing incentive strategies recommendations from the board, the city council shall adopt an amendment to its local housing assistance plan to incorporate the housing incentive strategies it will implement. The appointment of these four additional members shall terminate upon the adoption at the end of each three-year annual review by the city council of the amendments to the Local Housing Assistance Plan. (5) Those other powers and duties of the affordable housing advisory committee as are provided by law. Ordinance No. 9438-21 [GM14-1510-166/273901/1] 6 Sec. 2.229. - Removal. (1) The city council shall have the authority to remove any member of the board for misconduct or neglect of duty. (2) The city manager shall have the authority to remove any member of the board for excessive absence as defined in section 2.066. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ____________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9544 Agenda Date: 8/19/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Approve the closure, for an indefinite time, to unauthorized motorized vehicles, of certain portions of Cleveland Street, as described, generally, as the 400 and 500 blocks between Osceola and Garden Avenues with all north/south streets remaining open and adopt Resolution 21-31. SUMMARY: May 6, 2020, the City closed the described portions of Cleveland Street to unauthorized vehicles in response to requests from business owners during the State of Florida’s State of Emergency initiated by Executive Order 20-52.. September 28, 2020, City Council directed staff to develop a pilot program which would allow for the continuance of the temporary closure after the state orders allowing for flexible operations are revoked. July 12, 2021, City Council directed staff to indefinitely close the described portions of Cleveland St. Resolution 21-31, if adopted, formalizes council’s request for the closure until the proposed resolution is rescinded or replaced. Engineering has made improvements to signage and striping and replaced numerous concrete jersey barriers for the short term. A cost estimate to implement a more permanent closure will be shared with Council prior to proceeding. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/17/2021 Resolution No. 21- 31 RESOLUTION NO. 21-31 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE CLOSURE, FOR AN INDEFINITE PERIOD OF TIME, OF CERTAIN PORTIONS OF CLEVELAND STREET, AS DESCRIBED HEREIN, TO UNAUTHORIZED MOTORIZED VEHICLES; SPECIFICALLY, APPROVING THE CLOSURE OF CLEVELAND STREET FROM THE EAST BOUNDARY OF S. OSCEOLA AVENUE TO THE WEST BOUNDARY OF S. FT. HARRISON AVENUE (THE “400 BLOCK”), AND CLEVELAND STREET FROM THE EAST BOUNDARY OF S. FT. HARRISON AVENUE TO THE WEST BOUNDARY OF S. GARDEN AVENUE (THE “500 BLOCK”); RETAINING AN OPEN ROADWAY FOR ONE-WAY VEHICULAR ACCESS FROM WATTERSON AVENUE ONTO AND ALONG WESTBOUND CLEVELAND STREET TO S. FT. HARRISON AVENUE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Clearwater City Council (“Council”) has the authority to approve street closures within Clearwater boundaries; and WHEREAS, the Council temporarily closed the 400 and 500 blocks of Cleveland Street to unauthorized vehicular/motorized traffic on May 6, 2020, to expand outdoor seating in response to requests from local business owners, during the State ordered COVID closure; and WHEREAS, the Council, on September 28 ,2020, directed city staff to implement a pilot program for a temporary closure to unauthorized motorized access along Cleveland Street within the boundaries provided for above, as more particularly depicted in Exhibit “A” (attached hereto and incorporated hereto); and WHEREAS, the closure of Cleveland Street has created a unique environment and resulting success for Downtown restaurants and businesses; and WHEREAS, Downtown Clearwater has experienced increased customer and pedestrian activity since the closure of Cleveland Street; and WHEREAS, Downtown businesses and residents are supportive of the continued street closure; and WHEREAS, Council has now determined it beneficial to continue to close Cleveland Street to unauthorized vehicular traffic as described above, for an indefinite period of time; now, therefore; Resolution No. 21-31 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Clearwater City Council approves and hereby directs the closure to unauthorized motorized vehicles along Cleveland Street from the East boundary of S. Osceola Avenue to the West boundary of S. Ft. Harrison Avenue, and from the East boundary of S. Ft. Harrison Avenue to the West boundary of S. Garden Avenue, expressly retaining an open roadway for one-way vehicular movement from Watterson Avenue onto and along westbound Cleveland Street to Ft. Harrison Avenue, for an indefinite period of time. Section 2. Said closure shall remain in effect until such time as the Council rescinds the closure via a Resolution. Section 3. The City Clerk is directed to provide copies of this resolution to PSTA officials as is directed by the City Council. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of August 2021. ____________________________ Frank Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk CLEVELAND ST PARK ST LAURA ST S GARDEN AVE N GARDEN AVE S OSCEOLA AVE N OSCEOLA AVE WATTERSON AVE N FORT HARRISON AVE S FORT HARRISON AVE LAURA ST Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\ClevelandClosure-Aerial_8x11_Landscape.mxd LOCATION MAP Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1 Cleveland Street Closure400 & 500 Blocks Res. No. 21-31 N.T.S.Scale:Date:8/2/2021Aerial Flown 2019KNMap Gen By:TMReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9543 Agenda Date: 8/19/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Amend Clearwater Code of Ordinances, Chapter 2, Article VI, Division 3, Purchasing by adding Section 2.561(1)(k) and new Subdivision V Public-Private Partnerships and pass Ordinance 9502-21 on first reading. SUMMARY: Division 3 of Article VI, Chapter 2 governs the purchasing procedures for the acquisition of commodities, services, and construction, and the expenditure of those funds. This amendment will create a uniform process for private entities and the city to engage in a public-private partnership (P3) consistent with section 255.065, Florida Statutes. A summary is as follows: Sec. 2.561(1)(k) - Adds P3 as new procurement method. Subdivision V - Public-private partnerships. Sec. 2.581 - Purpose and scope. Sec. 2.582 - Definitions. Sec. 2.583 - Conceptual proposal. Sec. 2.584 - Unsolicited detailed proposals. Sec. 2.585 - Solicited detailed proposals. Sec. 2.586 - Competitive review and negotiation of detailed proposals. Sec. 2.587 - Public records. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 8/17/2021 File Number: ID#21-9543 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/17/2021 1 ORDINANCE NO. 9502-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ARTICLE VI, DIVISION 3, PURCHASING; PROVIDING FOR SECTION 2.561(1)(K); SUBDIVISION V. PUBLIC-PRIVATE PARTNERSHIPS; SECTION 2.581 PURPOSE AND SCOPE; SECTION 2.582 DEFINITIONS; SECTION 2.583 CONCEPTUAL PROPOSAL; SECTION 2.584 UNSOLICITED DETAILED PROPOSALS; SECTION 2.585 SOLICITED DETAILED PROPOSALS; SECTION 2.586 COMPETITIVE REVIEW AND NEGOTIATION OF DETAILED PROPOSALS; SECTION 2.587 PUBLIC RECORDS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Division 3 of Article VI, Chapter 2 establishes fair and equitable methods of administering purchases of commodities, services, and construction to maximize the purchasing value of public funds; and WHEREAS, in 2013, the Florida Legislature enacted Chapter 2013-223, Laws of Florida, section 2 of which governs public-private partnerships (the "P3 Statute"); and WHEREAS, in 2016, the Florida Legislature enacted Chapters 2016-153 and 2016-154, Laws of Florida, amending the P3 statute; and WHEREAS, public-private partnerships ("P3"), while not defined in the P3 Statute, are commonly recognized as contractual agreements between a public body and the private sector that allow for greater private sector participation in the delivery of public projects; and WHEREAS, there is a public need for timely and cost-effective delivery of projects serving a public purpose, and this need may not be wholly satisfied by existing methods of procurement; and WHEREAS, P3’s have demonstrated that they can meet the needs of the public by improving the schedule for project delivery, lowering project costs, and providing other benefits to the public; and WHEREAS, the City of Clearwater wishes to encourage investment in the City by private entities, to facilitate funding sources for the development of public projects, and to provide for the greatest possible flexibility in contracting for public projects under the P3 Statute; and 2 WHEREAS, the City of Clearwater is a "responsible public entity" as defined in the P3 Statute, authorized to follow the processes described in the P3 Statute to establish a P3 for a “qualifying project” as defined in the P3 Statute; and WHEREAS, the P3 Statute recognizes the authority of local governments to create procurement processes for qualifying projects, and does not limit a local government’s existing authority to enter into agreements with the private sector, including authority from existing home rule powers; and WHEREAS, the procedures for a P3 project will not apply when the City of Clearwater procures stand-alone professional services, as defined in section 287.055, Florida Statutes, or when it procures professional services in the context of a design-build project, both of which will continue to be procured pursuant to section 287.055, Florida Statutes; and WHEREAS, to promote the efficient and effective use of the P3 method of project delivery, the City Council finds it necessary to adopt uniform procedures to be used by both the City and private entities for the procurement of such projects. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA IN SESSION AND DULY ASSEMBLED THAT: Section 1. The above-mentioned recitals are true and accurate and included herein by reference. Section 2. Division 3 of Article VI, Chapter 2, Code of Ordinances, is hereby enacted to read as follows: DIVISION 3. PURCHASING ***** Sec. 2.561. Methods of source selection. (1) Methods of source selection. Unless otherwise authorized by law, all city contracts shall be procured by one of the following methods: (a) Competitive sealed bidding. (b) Competitive sealed proposals. (c) Request for qualifications. (d) Small purchases. (e) Professional services subject to CCNA. (f) Construction management at risk and design-build contracts. (g) Invitation to negotiate. (h) Job order contracting. 3 (i) Reverse auctions. (j) Exceptions pursuant to section 2.563. (k) Public-private partnerships (P3). ***** Subdivision V. Public-Private Partnerships (P3) Sec. 2.581. Purpose and scope. (1) This subdivision creates a uniform process for private entities and the city to engage in a public-private partnership (P3) consistent with Chapter 2013-223, Laws of Florida, section 2, as amended by Chapters 2016-153 and 2016-154, Laws of Florida. (2) When considering a public project, the city may elect to (1) follow this P3 process if consistent with Chapter 2013-223, Laws of Florida, as amended by Chapters 2016-153 and 2016-154, Laws of Florida, (2) follow any other legally available project delivery process, or (3) not pursue the project. (3) The procurement of P3 agreements by the city shall follow the provisions of this subdivision. Requirements of other sections or articles of this code shall not apply to procurements under this subdivision unless such requirement is expressly included or incorporated by reference in the procurement documents. The city shall ensure that generally accepted business practices for exemptions provided by this subdivision are part of the procurement process or are included in the P3 comprehensive agreement. (4) The city may develop and maintain a separate P3 policy containing more detailed procedures and requirements for entering into P3 agreements, consistent with this subdivision. (5) When the city procures stand-alone professional services, as defined in the Consultants’ Competitive Negotiation Act, codified at section 287.055, Florida Statutes, or when it procures professional services in the context of a design-build project, the city will not follow the P3 process, but will instead continue to comply with section 287.055, Florida Statutes. Sec. 2.582. Definitions. Terms not defined in this subdivision shall have the meaning customarily assigned to them. Otherwise, the following words, terms, and phrases, when used in this subdivision, shall have the meanings ascribed to them in this subdivision, except where the context clearly indicates a different meaning: 4 Conceptual proposal means an unsolicited proposal that includes conceptual information sufficient for the city to determine whether the proposed ideas are attractive enough to justify investment of city resources to undertake a process that may lead to formation of a contract to implement the ideas. Detailed proposal means a proposal (solicited or unsolicited) that contains detail beyond a conceptual level sufficient for the city to compare the proposal competitively to others. P3 means a public-private partnership, which is an agreement between the city and a private entity that allows for greater private sector participation in the delivery of a city qualifying project. P3 Statute means Chapter 2013-223, Laws of Florida, section 2, as amended by Chapters 2016-153 and 2016-154, Laws of Florida, as codified in section 255.065, Florida Statutes, and as may be further amended from time to time. Private entity means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other private business entity. Proposal review fee means the fee paid by the private entity submitting an unsolicited proposal or by the private entity submitting a detailed proposal that competes with an unsolicited proposal. Qualifying project means a facility or project that serves a public purpose, or a facility or infrastructure that is used or will be used by the public or in support of a public purpose or activity, as defined in the P3 Statute. Unsolicited proposal means a conceptual proposal or a detailed proposal that a private entity submits to the city on its own initiative, and not in response to a solicitation. Sec. 2.583. Conceptual proposal. (1) A private entity may submit a conceptual proposal to the city, to gauge the city’s potential interest in pursuing the proposed project as a P3. A conceptual proposal is not required. A private entity may forego submitting a conceptual proposal and submit an unsolicited detailed proposal. (2) A private entity must tender a proposal review fee of $5,000 with its conceptual proposal. The city will not review a conceptual proposal that is not accompanied 5 by the payment of this fee. Payment must be made by cash, cashier’s check, or other noncancelable instrument. Personal or business checks will not be accepted. (3) A conceptual proposal must contain information sufficient to inform the city about (1) the overall character of the proposed qualifying project, (2) the general experience of the private entity, and (3) the general strategies to ensure successful project delivery. (4) Within ten (10) business days after receipt of the conceptual proposal, the city will either (1) summarily reject the conceptual proposal and return the proposal review fee or (2) accept the conceptual proposal for substantive review and notify the private entity of the anticipated time required for the city to complete the review of the conceptual proposal. (5) If the city decides to accept the conceptual proposal for substantive review, the city will preliminarily assess whether: (1) the proposed project is a qualifying project; (2) the proposed project delivery model offers advantages over traditional models, for example, lower cost, shorter schedule, increased investment, etc.; and (3) the proposed project is reasonably likely to satisfy the criteria established by the P3 Statute. (6) Upon completion of review of the conceptual proposal, the city will notify the private entity in writing of the city’s position regarding the proposed project. The city may: (a) Decide not to pursue the proposed project; (b) Decide to pursue the proposed project, or a similar project, using other procurement methods (in which, if open to private companies, the private entity may compete if otherwise qualified); or (c) Decide to continue considering the proposed project under the P3 Statute and request the private entity to submit a detailed proposal (which request shall not constitute a formal solicitation). (7) The city’s disposition of a conceptual proposal does not limit its discretion or authority with respect to future projects, whether solicited or unsolicited. Sec. 2.584. Unsolicited detailed proposals. (1) A private entity may submit an unsolicited detailed proposal to the city, to initiate the city’s consideration of whether to deem the proposed project as a qualifying project and whether to pursue it further under the P3 Statute. The city is not obligated to pursue a project under the P3 Statute, even if the project satisfies the statutory definition of a qualifying project. 6 (2) A private entity must tender a proposal review fee of $25,000 with its detailed proposal, unless the private entity has already paid a fee for review of a substantially similar conceptual proposal, in which case the proposal review fee is $20,000. The city will not review a detailed proposal that is not accompanied by the payment of this fee. The proposal review fee is refundable if the city does not evaluate the detail proposal. Payment must be made by cash, cashier’s check, or other noncancelable instrument. Personal or business checks will not be accepted. (3) If the initial proposal review fee is insufficient to cover the city’s costs to evaluate the proposal, the city will request, in writing, the additional amounts required. If the private entity does not tender the additional requested amount with thirty (30) days of the written request, the city may, in its sole discretion, stop its review of the proposal. (4) A detailed proposal must contain information sufficient to inform the city about: the detailed quality and character of the proposed qualifying project; the detailed experience and capacity of the private entity; and the detailed financial and implementation strategies to ensure successful project delivery. This information should include the following: (a) A description of the private entity, including name, address, type of organization, and legal structure. (b) Name and complete contact information of the primary point of contact for the detailed proposal. (c) Names and experience of proposed key project personnel. (d) Type of support needed, if any, from the city, for example, facilities, equipment, materials, personnel, financial resources, etc. (e) Identification of any proprietary data used and the manner in which it is used. (f) Identification of any outside entities or professionals the private entity has or intends to consult with respect to the project. (g) The names of any other federal, state, or local agencies receiving the same proposal. (h) A complete discussion of the objective of the project, the method of approach, the nature of the anticipated results, and the characteristics that make it a qualifying project worthy of pursuit by the city. (i) A detailed overview of the proposed business arrangements, including the plan for the development, financing, and operation of the project. (j) A preliminary project schedule. (k) A detailed financial analysis of the proposed project. (l) Specification as to when the pricing or terms of the proposal will expire. 7 (5) Within ninety (90) business days after receipt of the detailed proposal, the city will notify the private entity in writing of the city’s decision either to reject the detailed proposal or to accept the detailed proposal for competitive review. During this period, the city may meet with the private entity to gain a deeper understanding of the detailed proposal, and the city may request that the private entity submit additional information. These meetings will be preliminary in nature and will not include or constitute substantive negotiation of agreement terms. In considering whether to accept the detailed proposal for competitive review, the city will assess whether: (1) the proposed project is a qualifying project; (2) the proposed project delivery model offers advantages over traditional models, for example, lower cost, shorter schedule, increased investment, etc.; (3) the proposed project is reasonably likely to satisfy the criteria established by the P3 Statute. The city may determine that it requires more than 90 days to complete its review of the detailed proposal and this assessment, in which case it will notify the private entity in writing of how much time will be required. (6) An unsolicited proposal may be rejected by the city at any time. The city has complete discretion and authority to reject any unsolicited proposal it receives. (7) If the city decides to accept an unsolicited proposal for competitive review, the city will advertise the potential opportunity and accept competing detailed proposals. (a) The advertisement will include: a general description of the qualifying project; an invitation to submit a competing detailed proposal for the qualifying project, which may propose the identical project, a functionally equivalent project, or an alternative project that achieves the same purpose or uses the same city resources as the proposed project; information about how to obtain more detailed information; and a due date for responding, which ordinarily will be 45 days after initial publication, but which may be up to 120 days as the circumstances warrant. (b) The city will advertise the potential opportunity in the Florida Administrative Register at least once a week for three consecutive weeks; in a newspaper of general circulation within the city at least once a week for three weeks prior to the due date for competing proposals; and on the city’s website in the same manner as competitive solicitations. (8) If an unsolicited proposal involved architecture, engineering or landscape architecture, the city will engage licensed professionals for review and evaluation of the initial and any subsequent proposals, in accordance with section 255.065(3)(a)5., Florida Statutes. 8 Sec. 2.585. Solicited detailed proposals. (1) The city may on its own initiative determine to issue a solicitation inviting private entities to submit detailed proposals for any opportunity that the city has identified as a qualifying project. (2) Any solicitation that the city issues under the authority of the P3 Statute will identify the P3 Statute and the city’s related code sections as the governing procurement process. The solicitation documents will specify information necessary for interested parties to understand and respond to the solicitation. (3) If a solicitation under the P3 Statute includes design work, the solicitation will include a design criteria package prepared by a licensed architect, landscape architect, or engineer engaged by the city in accordance with section 255.065(3)(c), Florida Statutes. (4) The city is not obligated to proceed under the P3 Statute when soliciting proposals, and may follow any legally available procurement process, regardless of whether the project qualifies as a qualifying project and regardless of whether the ultimate transaction may be characterized as a P3. Sec. 2.586. Competitive review and negotiation of detailed proposals. (1) Whether received in response to a solicitation under the P3 Statute or in response to an advertisement concerning an unsolicited proposal, within ten days after the receipt of all competing detailed proposals the city will designate a negotiation team to conduct negotiations concerning the qualifying project. The negotiation team will consist of at least three persons, including at least one city employee, who collectively have knowledge and experience in contract negotiations, the subject matter related to the qualifying project, public procurement, and project management. No person with a financial interest in the outcome of the negotiation team’s efforts or in the qualifying project may participate on the negotiation team. (2) The negotiation team’s meetings are temporarily exempt from the Sunshine Law as provided in section 286.0113(2), Florida Statutes, and section 255.065(15), Florida Statutes. The city will record and preserve as required by law any exempt portion of a negotiation team meeting. (3) The negotiation team may rely on subject matter experts and staff for information gathering and administrative work, but the negotiation team alone will possess and exercise authority for all recommendations concerning the detailed proposals. 9 (4) The negotiation team will initially review the detailed proposals and determine whether to allow oral presentations for the purpose of gaining deeper understanding of the detailed proposals. The negotiation team is not required to allow oral presentations. Any oral presentations will be limited to reviewing and discussing information contained in the detailed proposals, and will not include or constitute substantive negotiations related to any detailed proposal or the qualifying project. (5) Within thirty days after its appointment, or after the final oral presentation, whichever is later, the negotiation team will rank the detailed proposals in order of preference. The negotiation team may meet as often as it deems necessary before ranking, in order to discuss details and strategies related to the detailed proposals and the qualifying project. The negotiation team will strive for consensus, but a majority of the team may establish the ranking. The negotiation team may use any reasonable method to rank the detailed proposals, and is not required to numerically score them. In ranking the detailed proposals, the negotiation team members will consider the private entity team members’ professional qualifications and experience, the proposed general business terms, innovative project delivery terms (including finance, design, construction, maintenance, and operation, as applicable to the particular circumstance), and any other factors indicated in the advertisement or solicitation. (6) Following its ranking of detailed proposals, the negotiation team will commence negotiations with the private entity responsible for the top-ranked proposal. The negotiation team will then conduct negotiations in accordance with the P3 Statute. (7) In its discretion, the negotiation team may recommend that the city and the private entity enter into an interim agreement as described in the P3 Statute. The negotiation team is not authorized to enter into or otherwise bind the city to an interim agreement. Any recommendation to enter into an interim agreement will be brought to the city council for consideration. Only the city council is authorized to approve an interim agreement. (8) The negotiation team may recommend that the city and the private entity enter into a comprehensive agreement as described in the P3 Statute. The negotiation team is not authorized to enter into or otherwise bind the city to a comprehensive agreement. Any recommendation to enter into a comprehensive agreement will be brought to the city council for consideration. Only the city council is authorized to approve a comprehensive agreement. 10 (9) In deciding whether to enter into a comprehensive agreement, the city council will consider and determine all reasonable factors, including but not limited to: (a) Whether the proposed project is a qualifying project. (b) Whether the qualifying project is in the public’s best interest. (c) Whether the qualifying project involves a facility that is owned by the city or for a facility for which ownership will be conveyed to the city. (d) Whether the comprehensive agreement has adequate safeguards in place to ensure that additional costs or service disruptions are not imposed on the public in the event of material default by the private entity or cancellation of the qualifying project by the city. (e) Whether the comprehensive agreement has adequate safeguards in place to ensure that the city or the private entity has the opportunity to add capacity to the qualifying project or other facilities serving similar predominantly public purposes. (f) Whether the qualifying project will be owned by the city upon completion or termination of the project and payment of amounts financed. (g) Whether there is a public need for or benefit derived from the qualifying project. (h) Whether the estimated cost of the qualifying project is reasonable in relation to similar facilities. (i) Whether the comprehensive agreement will result in the timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project. Sec. 2.587. Public records. (1) Information made or received by the city in connection with transaction of the city’s official business is subject to the Florida Public Records Law. Unsolicited proposals received by the city are temporarily exempt from the Public Records Law as provided in section 255.065(15), Florida Statutes. (2) If a private entity believes that any information it submits to the city is exempt from the Public Records Law under any additional statutory exemptions, the private entity must expressly identify the statutory basis of the claimed exemption and segregate the exempt information. Section 3: Each provision of this Ordinance shall be deemed separate and severable and if any section or part thereof is held to be invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected. 11 Section 4: This Ordinance shall take effect immediately upon its final passage and adoption. PASSED ON FIRST READING ____________________ PASSED ON SECOND AND FINAL ____________________ READING AND ADOPTED ____________________________ Frank Hibbard Mayor Approved as to form: Attest: _________________________ ____________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9615 Agenda Date: 8/19/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Approve addendum to employment agreement, appointing Micah Maxwell as the Interim City Manager, effective August 16, 2021. SUMMARY: At the August 5, 2021 council meeting, Council approved the appointment of Micah Maxwell as the interim city manager and to set the interim salary at 20%. At the August 16, 2021 work session, there was unanimous council consensus to appoint Micah Maxwell as the Interim City Manager commencing on August 16, 2021. Page 1 City of Clearwater Printed on 8/17/2021