Surplus Vehicle Sale

Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 1 of 49 Purchasing Department FCSRMC Request for Proposals #08-20C For Property & Casualty Claims Administration Services Santa Fe College invites you to submit a proposal for the Florida College System Risk Management Consortium (FCSRMC) Property & Casualty Claims Administration Services according to the terms and conditions described herein. Thank you for your interest in Santa Fe College and the FCSRMC. Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 2 of 49 RFP #08-20C: FCSRMC Property & Casualty Claims Administration Services INFORMATION SHEET Posting Date: September 18, 2019 Santa Fe College Purchasing Department Contact David Shlafer, Director of Purchasing & Auxiliary Services Changes/Inquiry Deadline (see Section 1.5) NOTE: Unless specified otherwise in a College-issued addendum to this solicitation, requested changes to any conditions or

specifications must be sent by the date in this section or they will not be considered. October 1, 2019 Date Addendum #1 to be Posted (see Section 1.6) October 7, 2019 at the SF Purchasing bids webpage Date/Time of Pre-Proposal Conference (see Section 1.7) None Date and Time Proposal is Due (see Section 1.8) October 22, 2019; 3:00 p.m. Date, Time, and Location of initial evaluation meeting to determine vendors who will provide presentations November 6, 2019; 1:00 p.m. Location: Robertson Administration Building, Room 258, 3000 NW 83rd Street; Gainesville, FL 32606. Vendors not required to attend. Dates of Presentations (see section 1.10) November 18 - 20, 2019. Exact times to be determined. Location: 4500 NW 27th Avenue, Suite B-2, Gainesville, FL 32606. Final Scoring Meeting (see Section 1.9) November 21, 2019 (Tentative); Time and Location TBD. Date of Recommended Award Posting November 22, 2019 (Tentative) Board of Trustees/Ops Committee Meeting January 2020 Any changes to the above schedule will be posted in an addendum at the SF Purchasing bids page. mailto:david.shlafer@sfcollege.edu https://www.sfcollege.edu/finance/purchasing/bids/index https://www.sfcollege.edu/finance/purchasing/bids/index Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 3 of 49 Solicitation Acknowledgement (REQUIRED) This page must be signed and included with your submission. Failure to do so will result in immediate rejection of your submission. Solicitation RFP 08-20C: FCSRMC Property & Casualty Claims Administration Services The undersigned hereby certifies that the response included herein is made without prior understanding, agreement, or connection with any person or business entity submitting a response for the same goods or services and is in all respects fair and without collusion or fraud. The undersigned understands and agrees that by submitting a response that the entirety of the response is subject to Florida Statue 119 and will be considered a public record upon solicitation award or recommendation to award subject to the following exemptions: Confidential information shall include only information that is made exempt from disclosure by Florida Statute. Should the bidder/proposer believe any information submitted is protected from disclosure under Florida’s public records law, the bidder/proposer must provide evidence of a statutory exemption under Florida law that is satisfactory to the College or obtain a protective order. All items of Confidential information must be labeled in writing as such when delivered to the recipient. (Any item marked “Confidential” that is not accompanied by sufficient evidence of statutory exemption or a protective order shall be considered a public record and by signing below the bidder/proposer hereby agrees to this provision.) The undersigned understands and agrees that any vendor-suggested changes and inquiries regarding this solicitation were due by the date shown on the solicitation information sheet (page 2), and that any vendor-required changes to the terms and conditions not already approved in an addendum issued by the College prior to the solicitation due date will likely be rejected and may (in the College’s complete discretion) result in the rejection of the entire submission. The undersigned agrees to abide by all conditions of this invitation and certifies that he or she is authorized to sign this submission for the business entity indicated below. Bidder/Proposer Business Name ____________________________________________________________________________________ Business Address ____________________________________________________________________________________ Printed Name & Title of Authorized Signatory ____________________________________________________________________________________ Signature of Authorized Signatory (Please Sign & Date) Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 4 of 49 ____________________________________________________________________________________ 1.0: General Terms and Conditions To ensure acceptance of your response to this solicitation, be sure to follow the instructions herein. By signing the Solicitation Acknowledgement, you agree to the terms and conditions below. Any and all conditions within this solicitation document which vary from these general conditions shall have precedence. Any attempts by the bidder/proposer to alter these General Terms and Conditions shall be void and unenforceable unless agreed to specifically in a written agreement signed by the parties. Any proposed changes must be submitted by the Inquiry Deadline specified on Page 2. 1.1 DEFINITIONS • Bidder/Proposer refers to the business entity submitting a bid, proposal, or reply in response to this solicitation. • Board refers to the Santa Fe College Board of Trustees • College and/or SF refers to Santa Fe College. • Contractor refers to the bidder/proposer whose response is selected for award. • Response refers to a business entity’s submission in response to this solicitation. 1.2 SEALED SUBMITTAL DEADLINE All responses must be submitted by the date/time required on the “Solicitation Information Sheet” in a sealed envelope or box addressed as follows: Santa Fe College Director of Purchasing and Auxiliary Services Robertson Administration Bldg. Room 42 3000 NW 83rd Street Gainesville, Florida 32606 The face of the envelope or box shall contain in the lower left-hand corner: Solicitation Number, Title, Due Date, and Time. Offers sent by fax, e-mail, or telephone will not be accepted. It is the sole responsibility of the bidder/proposer to deliver his or her response to the address contained herein on or before the closing hour and date shown above. Responses received after the specified due date/time shall be rejected and retained unopened for the record. The College is not responsible for late mail or any other circumstance resulting in a late submission. No Purchasing Department staff will incur responsibility for the inadvertent opening of a response not properly sealed, addressed or identified. Submissions are considered valid for 120 days from the due date unless otherwise stated herein. 1.3 EXECUTION OF RESPONSE The response must contain a manual signature of an authorized representative of the bidder/proposer on the “Solicitation Acknowledgement” form (Page 3). Responses not submitted with the “Solicitation Acknowledgement” form shall be rejected. 1.4 COSTS The College is not liable for any costs incurred by a bidder/proposer in responding to this solicitation, including those for oral presentations, if applicable. Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 5 of 49 1.5 INQUIRIES & INTERPRETATIONS Any questions concerning terms, conditions, and/or specifications shall only be directed via email to the Purchasing Department Contact (see Page 2) no later than the inquiry deadline (see Page 2). Failure to comply with this condition will result in bidder/proposer waiving the right to dispute the solicitation terms, conditions and/or specifications. Please reference the solicitation number in all inquiries. Any vendor that submits contrary terms and conditions as a requirement for their bid, or who contacts others at the College not specified on page 2 to discuss the solicitation may be disqualified. The Purchasing Department Contact may send inquiries to bidders/proposers for clarification of information, if necessary. Any clarifications received in writing shall be considered as part of the response. 1.6 ADDENDA Any addenda to this solicitation will be posted on the SF Purchasing bids page by 5:00 p.m. on the date indicated on the Solicitation Information Sheet (Page 2) or in the addenda itself if further addenda are necessary. It is the bidder’s/proposer’s responsibility to assure that any addenda are received. Calendar changes (bid due date, award date, etc.) may be posted at any time if necessary. It may be required that an addendum be signed and returned with the bidder’s/proposer’s response. Proposers who do not sign addenda (if required) may have their entire response rejected. 1.7 PRE-SOLICITATION MEETING(S) Pre-bid or pre-proposal conferences or inspections may be held to assist responders with understanding the specifications and/or viewing the relevant location(s). If such a meeting is designated as Mandatory, then only those who attend will be considered for award. Bidders/proposers are strongly urged to attend any non-mandatory pre-bid or pre-proposal conference as individual vendor appointments to review specifications will not be accepted. 1.8 SOLICITATION OPENING/DUE DATE AND TIME Anyone may be present at a solicitation opening and/or receive a list of names of bidders/proposers. For a bid opening, the pricing provided by each vendor shall also be provided. However, for an RFP, the contents of the solicitation responses shall not become public until an award or recommendation for award is made. Any responses received after the due date/time shall be deemed nonresponsive and retained unopened for the record. 1.9 SCORING MEETING If this solicitation is a Request for Proposals (RFP) or Invitation to Negotiate (ITN), then a public scoring meeting may be held to determine the award recommendation or recommendation for negotiations. The date, time, and location of the meeting will be specified on the Solicitation Information Sheet (if known) or in an addendum. Should the date, time, or location of the scoring meeting change, it will be noted in an addendum (see 1.6). Vendors are not required to attend. https://www.sfcollege.edu/finance/purchasing/bids/index Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 6 of 49 The evaluation will be based upon the following criteria: Criterion Possible Points 1. Experience – Demonstration of competency and experience; as a primary factor, the degree of relevant experience of the proposer, including Florida municipality self-insured workers’ compensation programs and third party liability programs. Documentation regarding other relevant experience regarding the scope of services, experience and resources available from proposer will also be considered. Transition Experience will be considered. References will be considered. 40 points 2. Cost – Projected cost for all requested services, including future cost guarantees. Only proposals providing all inclusive, flat annual pricing terms as requested will be considered. 30 points 3. Scope of Services – The extent to which the Proposer is willing and able to provide all of the services sought. Scoring in this section will also include any criteria not otherwise covered. 30 points 1.10 PRESENTATIONS A solicitation may require vendors to further elaborate on what they are offering in a presentation to the College or simply to answer evaluation committee questions. If presentations are required, the expected presentation days and times will be listed on the Solicitation Information Sheet (if known) or in an addendum. Any documents handed out by the proposer may be considered part of the proposer’s response or reply at the discretion of the College. If any document or any other aspect of the presentation conflicts with the proposer’s original response, the College may opt to use either the prior response or the presentation response as the College deems most favorable. 1.11 NEGOTIATIONS For an RFP, the College reserves the right to further negotiate terms either in minor conflict or not otherwise covered in the solicitation or response post-award (see Section 1.12) to create an agreement with a top-ranked, awarded, or recommended awarded proposer(s). Any negotiations as part of an ITN shall be handled in accordance with the conditions of that ITN, which may vary. [Note that any terms in material conflict between this solicitation and proposer’s response may also be grounds for finding the proposer non-responsive, and their proposal rejected.] 1.12 AWARD In the best interest of the College, the right is reserved to make award(s) by individual item, group of items, all or none, or a combination thereof. The College also reserves the right to reject any and all responses, to cancel a solicitation process at any time, or waive any minor irregularity or technicality in responses received. Further, the College reserves the right to secure expert advice in selecting the best response to meet the requirements of the College. (Any such expert advice shall in no way be associated with a business entity submitting a response.) In some cases, an award may be based on the top-ranked bidder/proposer and the College being able to agree on final contract terms. If for any reason the top- ranked bidder/proposer and College cannot agree on final contract terms, the College may elect to re- open the solicitation, cancel the solicitation, or award to the second highest-ranked bidder/proposer, and so on. Some solicitations may have a multi-award. Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 7 of 49 1.13 POSTING AND TABULATION The posting of the award or recommended award will be made on or about the date of award notification as indicated on the Solicitation Information sheet (Page 2). Award notices will be posted on the SF College Purchasing Office bulletin board (outside room F-042, 3000 NW 83rd Street, Gainesville, Florida, 32606) and on the SF Purchasing bids page. After award, solicitation files may be examined during normal working hours by appointment. In accordance with Florida Statute 119.071(1), the contents of all solicitations become public records and are available to public inspection when an award or recommendation to award is posted or 30 days after responses are open – whichever is earlier. However, if the College rejects all responses, and concurrently provides notice of its intent to reissue the solicitation, the responses shall remain exempt from disclosure until notice of an award or intended award concerning the reissued solicitation is made or 12 months has passed, whichever is sooner. 1.14 PROTEST The recommended award will be posted for review by interested parties both online at the SF Purchasing bids page and in the Alan J. Robertson Administration Building, outside Room F-46 and will remain posted for a period of at least seventy-two (72) hours. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. In accordance with FS 287.042(2)(c), any person who files an action protesting a decision or intended decision pertaining to contracts administered or purchases by the College pursuant to Section 120.57(3) shall post, at the time of filing the formal written protest, a bond payable to the College in an amount equal to one percent (1%) of the estimated total volume of the award. The aforementioned bond shall be conditioned upon the payment of all costs which may be adjudged against him/her in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, the College may accept a cashier’s check or money order in the amount of the bond. If, after completion of the administrative hearing process and any appellate court proceedings, the College prevails, it shall recover all costs and charges that shall be included in the final order judgment, excluding attorney’s fees. Upon payment of such costs and charges by the person protesting the award, the bond, cashier’s check or money order shall be returned to him/her. If the person protesting the award prevails, he or she shall recover from the agency all costs and charges which shall be included in the final order of judgment, excluding attorney’s fees. 1.15 INSURANCE The Contractor must provide proof of this insurance prior to any delivery or work being performed, and provide evidence that such insurance is in place at all times throughout the agreement. Failure to have required insurance coverage at any time during the agreement shall be grounds for default. The College may, in its option, immediately suspend the agreement until the required insurance coverage has been restored, or immediately terminate the agreement for default. Any amount due from the College under the agreement on an ongoing basis shall be reduced at a pro-rated rate for any suspended time due to inadequate insurance coverage. The Florida College System Risk Management Consortium (FCSRMC) requires all insurers: · Be licensed or approved to do business within the state of Florida. · Write required insurance on an “occurrence” basis (professional liability is acceptable written on a “claims-made” basis). · Possess a minimum A.M. Best’s Insurance Guide rating of A VII. A.M. Best rating is composed of two parts: the letter denotes the company’s financial strength level (see Figure 1), and the Roman numeral denotes financial size. Please visit http://www3.ambest.com/ratings/ default.asp for further explanation and to look up insurance company ratings. https://www.sfcollege.edu/finance/purchasing/bids/index https://www.sfcollege.edu/finance/purchasing/bids/index https://www.sfcollege.edu/finance/purchasing/bids/index http://www3.ambest.com/ratings/ Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 8 of 49 FCSRMC requires certificates of insurance providing proof of insurance prior to commencement of work. All policies are to include the following: • All policies must be written on a primary basis, non-contributory with any other insurance coverage or self-insurance carried by FCSRMC or Member Colleges. • Name The Florida College System Risk Management Consortium and Member Colleges, Boards of Regents/Trustees, officers, employees, agents, and volunteers as additional insured on all policies with the exception of professional liability and workers’ compensation. • A waiver of subrogation on all insurance policies shall be in favor of The Florida College System Risk Management Consortium and Member Colleges. • A 30 day notice of cancellation, suspension or voided coverage must be given to the FCSRMC. If any insurance company refuses to provide the required notice, the Consultant/Company or its insurance broker shall notify FCSRMC of any cancellation, suspension, or non-renewal of any insurance within seven (7) days of receipt of insurers’ notification to that effect. Insurance Coverage Requirements: Commercial General Liability: $1,000,000 each occurrence/$2,000,000 general aggregate limit. Commercial Auto Liability: $1,000,000 each accident limit for bodily injury and property damage. Coverage must include all owned, leased, hired and non-owned vehicles. Workers’ Compensation: Coverage A – Workers’ Compensation – statutory limit required and Coverage B – employers liability $1,000,000 each accident/$1,000,000 disease policy limit/$1,000,000 disease each employee. Umbrella or Excess Liability: $4,000,000 each occurrence and annual aggregate. Professional Liability/Errors & Omissions: $4,000,000 per occurrence and $4,000,000 aggregate limits. Network Security/Cyber Liability: $5,000,000 per occurrence/$5,000,000 aggregate 1.16 PRICES, TERMS, AND PAYMENT Bidder/proposer prices shall include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder/proposer may offer cash discount for prompt invoice payment (where applicable). Unless otherwise stated in this solicitation, payment terms shall be Net 30 days. 1.17 TAXES Santa Fe College does not pay Federal Excise or State Sales Tax. Do not include these items on invoices. The applicable tax exemption number is shown on the College’s Purchase Order. A copy of the College’s tax-exempt certificate is available upon request. 1.18 MISTAKES Failure to examine the specifications, delivery schedule, prices, extensions, and all instructions pertaining to any goods and services solicited herein will be at bidder/proposer's risk. In case of mistake in extension, the unit price will govern. 1.19 DELIVERY Delivery time may become a basis for making an award. Unless otherwise specified, delivery shall be made within 30 days from the date of receiving a College purchase order. Furniture orders shall be Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 9 of 49 delivered within 90 days. Unless otherwise agreed or specified herein, deliveries to the College shall be within 8:30 a.m. - 3:30 p.m., Monday through Friday. 1.20 CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All bidders/proposers must disclose with their solicitation the name of any officers, director, or agent who is also an employee of Santa Fe College. All bidders/proposers must disclose any College employee who owns, directly or indirectly, any interest in the bidder’s/proposer's business or any of its branches. The bidder/proposer shall not compensate in any manner, directly or indirectly, any officer, agent or employee of the College for any act or service which he/she may do, or perform for, or on behalf of, any officer, agent, or employee of the bidder/proposer. No officer, agent, or employee of the College shall have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the College. The bidder/proposer shall have no interest and shall not acquire any interest that shall conflict in any manner with the performance of the products or services required under this solicitation. 1.21 NON-CONFORMANCE TO CONTRACT CONDITIONS Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accor- dance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at bidder’s/proposer's expense. Non-conforming items and items not delivered as per delivery date required by the solicitation and/or purchase order may result in bidder/proposer being found in default, in which event any and all re-procurement costs may be charged against the defaulting Contractor. Any such violation of the award/agreement may also result in the bidder/proposer being prohibited from participating in future business with the College in accordance with the College’s vendor policy. 1.22 DISPUTES In case of any doubt or difference of opinions as to the services to be furnished hereunder, the decision of the College’s Purchasing Director shall be final and binding on both parties. Bidders/proposers are strongly encouraged to seek clarification if there are any questions (in accordance with Section 1.5). However, should an administrative hearing occur, the party requesting the hearing shall be held accountable for any and all costs relating thereto. 1.23 GOVERNMENTAL RESTRICTIONS In the event any governmental restrictions may be imposed which would necessitate alteration of material, quality, workmanship, or performance of the items offered in this solicitation prior to their delivery, it shall be the responsibility of the successful bidder/proposer to notify the College at once, indicating in the notice the specific regulation which required an alteration. Santa Fe College reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the award/agreement at no expense to the College. 1.24 LEGAL REQUIREMENTS Federal, State, county, and local laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 10 of 49 1.25 PATENTS AND ROYALTIES The Contractor, without exception, shall indemnify and save harmless Santa Fe College and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by Santa Fe College. If the bidder/proposer uses any design, device, or materials covered by letters, patent, or copyright, it is mutually understood and agreed without exception that the response prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.26 ADVERTISING Bidder/proposer agrees not to use the results of this solicitation as a part of any commercial advertising without prior approval from the SF Director of Purchasing. 1.27 ASSIGNMENT Any Purchase Order issued pursuant to this solicitation and the monies which may become due hereunder may be assigned with written notification to the SF Director of Purchasing. However, any such assignment shall permit the College to terminate any ongoing agreement with 30 days’ notice if desired by the College. 1.28 LIABILITY (HOLD HARMLESS AGREEMENT) The awarded business entity (Contractor) agrees, by accepting the award of this solicitation, to the following: On behalf of Contractor and any heirs, executors, administrators and assigns, Contractor hereby waives, releases, covenants not to sue, forever discharges, and AGREES TO INDEMNIFY, DEFEND AND SAVE AND HOLD HARMLESS the District Board of Trustees of Santa Fe College, FCSRMC, member colleges and the State of Florida and their respective trustees, employees, agents, successors, and assigns (collectively, “Releasees”) from all claims, liabilities, actions and causes of action, damages, costs and/or expenses of any nature, including but not limited to attorneys’ fees and costs (collectively, “Claims”), arising out of or in any way connected with the appropriate use of the products or performance of the services set forth herein. 1.29 ANTI-DISCRIMINATION CLAUSE Santa Fe College is committed to an environment that embraces diversity, respects the rights of all individuals, is open and accessible, and is free of harassment and discrimination based on, but not limited to, ethnicity, race, creed, color, religion, age, disability, sex (including pregnancy, gender identity, and sexual orientation), marital status, national origin, genetic information, political opinions or affiliations, and veteran status. To the extent applicable, the nondiscrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex, or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, are incorporated herein. 1.30 AMERICANS WITH DISABILITIES ACT The Contractor shall comply with the Americans with Disabilities Act. In the event of the Contractor’s noncompliance with the nondiscrimination clauses, the Americans with Disabilities Act, or with any other such rules, regulations, or orders, any agreement resulting from this solicitation may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further contracts. Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 11 of 49 1.31 STATE LICENSING REQUIREMENT All entities defined under Chapters 607, 617 or 620, Florida Statutes, seeking to do business with the College shall be on file and in good standing with the State of Florida’s Department of State. 1.32 PUBLIC ENTITY CRIME INFORMATION As per Florida Statutes, Section 287.133(2)(a), “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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.” 1.33 DISCRIMINATORY VENDORS LIST An entity or affiliate who has been placed on the Discriminatory Vendors List may not submit a response to provide goods or services to a public entity, may not be awarded a contract or perform work as a contractor, supplier, subcontractor or consultant under contract with any public entity and may not transact business with any public entity. 1.34 UNAUTHORIZED EMPLOYMENT OF ALIEN WORKERS The College does not intend to award publicly funded contracts to those entities or affiliates who knowingly employ unauthorized alien workers, constituting a violation of the employment provisions as determined pursuant to Section 274A of the Immigration and Nationality Act. 1.35 RECORDS All responses become the property of the College and will be a matter of public record subject to the provisions of Chapter 119, Florida Statutes. 1.35.1 PUBLIC RECORDS LAW: The bidder/proposer agrees to allow the College and the public access to any documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, made or received by the bidder/proposer in conjunction with any submission or agreement resulting from this solicitation. Refusal to comply with this provision shall constitute sufficient cause for termination of any agreement resulting from this solicitation. All written records received by College in connection with the transaction of official business, including information contained in any responses to this solicitation may be deemed public records and are subject to the provisions of Ch. 119, Florida Statutes. In addition, if federal funds are used in this procurement, the Federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. 1.35.2 AUDIT RECORDS: The Contractor agrees to maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the College under any agreement resulting from this solicitation, and agrees to provide a financial and compliance audit to the College or to the Office of the Auditor General and to ensure that all related party transactions are disclosed to the auditor. The Contractor agrees to include all record-keeping requirements on all subcontracts and assignments related to any agreement resulting from this solicitation. Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 12 of 49 1.35.3 RETENTION OF RECORDS: The Contractor agrees to retain all records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertaining to any agreement resulting from this solicitation for a period of five (5) years. The Contractor shall maintain complete and accurate record keeping and documentation as required by the College and the terms of any agreement resulting from this solicitation. Copies of all records and documents shall be made available to the College upon request. All invoices and documentation must be clear and legible for audit purposes. For the duration of any agreement resulting from this solicitation, all documents must be retained by the Contractor within the State of Florida, at an address to be provided in writing to the Purchasing Director within thirty (30) days of the agreement execution. Any records not available at the time of an audit will be deemed unavailable for audit purposes. Violations will be noted and forwarded to the College’s Inspector General and/or legal counsel for review. The Contractor shall cooperate with the College to facilitate the duplication and transfer of any said records or documents during the required retention period. The Contractor shall advise the College of the location of all records pertaining to the Contract resulting from this solicitation and shall notify the College by e-mail (with proof of receipt by the Director of Purchasing) or certified mail within ten (10) days if/when the records are moved to a new location. 1.36 SEVERABILITY The invalidity or unenforceability of any particular provision of any agreement resulting from this solicitation shall not affect the other provisions hereof, and shall be construed in all respects as if such invalid or unenforceable provision was omitted, so long as the material purposes of the agreement can still be determined and effectuated. 1.37 GOVERNING LAW AND VENUE Any agreement resulting from this solicitation is executed and entered into in the State of Florida and shall be construed, performed, and enforced in all respects in accordance with the laws, rules and regulations of the State of Florida. Any action hereon or in connection herewith shall be brought in Alachua County, Florida. 1.38 TERMINATION FOR CONVENIENCE Unless otherwise stated herein or agreed to, any agreement resulting from this solicitation may be terminated by either party upon no less than ninety (90) calendar days’ notice, without cause, unless a lesser time is mutually agreed upon by both parties. Notice shall be delivered by e-mail (with verified receipt by the recipient) or certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. 1.39 AVAILABILITY OF FUNDS The obligations of the College under the award(s) from this solicitation are subject to the availability of funds lawfully appropriated annually for its purposes by the Legislature of the State of Florida. 1.40 FORCE MAJURE Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under the Agreement resulting from this solicitation due directly or indirectly from acts of God, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, terrorism, strikes, or labor disputes. 1.41 VERBAL INSTRUCTIONS No negotiations, decisions, or actions shall be initiated or executed by the bidder/proposer as a result of any discussions with any College employee. Only those communications that are in writing from the Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 13 of 49 College's Purchasing staff identified in this solicitation shall be considered a duly authorized expression on behalf of the College. Only communications from the bidder’s/proposer’s representative that are in writing will be recognized by the College as duly authorized expressions on behalf of the bidder/proposer. 1.42 PREFERENCE TO FLORIDA BUSINESS In accordance with Florida Statute 287.084, if this solicitation is for personal property, then a preference of at least five percent (see below) must be provided to businesses that have a principle place of business in the State of Florida. Vendors whose principal place of business is outside the State of Florida must submit a written opinion of an attorney as required in 287.084(2). The written opinion is only required if this solicitation is for personal property. The statute is reprinted here for your convenience: 287.084 Preference to Florida businesses.— (1)(a) When an agency, university, college, school district, or other political subdivision of the state is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, then the agency, university, college, school district, or other political subdivision of this state shall award a preference to the lowest responsible and responsive vendor having a principal place of business within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business. In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state and that state does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be 5 percent. (b) Paragraph (a) does not apply to transportation projects for which federal aid funds are available. (c) As used in this section, the term “other political subdivision of this state” does not include counties or municipalities. (2) A vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. (3)(a) A vendor whose principal place of business is in this state may not be precluded from being an authorized reseller of information technology commodities of a state contractor as long as the vendor demonstrates that it employs an internationally recognized quality management system, such as ISO 9001 or its equivalent, and provides a warranty on the information technology commodities which is, at a minimum, of equal scope and length as that of the contract. (b) This subsection applies to any renewal of any state contract executed on or after July 1, 2012. History.—s. 1, ch. 77-460; s. 117, ch. 79-400; s. 215, ch. 95-148; s. 3, ch. 95-420; ss. 16, 53, ch. 99-228; s. 6, ch. 2000-340; s. 23, ch. 2002-207; s. 14, ch. 2012-32. 1Note.—Section 25, ch. 2012-32, provides that: “(1) The executive director of the Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules under ss. 120.536(1) and 120.54(4), Florida Statutes, for the purpose of implementing this act. “(2) Notwithstanding any provision of law, such emergency rules shall remain in effect for 6 months after the date adopted and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules.” 1.43 COLLEGE RULES Contractor understands and agrees to follow all current College rules that may apply to any service they perform, including, but not limited to, College Rule 2.8 (Policy Prohibiting Discrimination and Harassment), Rule 2.12 (Prohibition Against Fraudulent or Other Dishonest Acts), and Rule 3.38 (Prohibition of Firearms and Weapons on College Premises). These rules, which may be changed from time to time, can be viewed at the College Rules website. Contractor further understands that Board Rule 2.8 prohibits sexual harassment, including sexual violence, as a violation of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681). Contractor understands that Contractor personnel must report http://www.sfcollege.edu/rules/ Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 14 of 49 any suspected sexual harassment or violence to the appropriate authorities including the SF College Police Department and the College’s Equal Access/Equal Opportunity Coordinator. Contractor understands that current Florida law provides that any person who knows, or has reasonable cause to suspect, that a child is abused, neglected, or abandoned by a parent, legal custodian, caregiver, or other person responsible for the child's welfare shall immediately report such knowledge or suspicion to the Department of Children and Families Florida Abuse Hotline at 1-800-962-2873. More information about reporting abuse may be found online at http://www.dcf.state.fl.us/programs/abuse/index.shtml. Additionally, Contractor understands that Florida law requires reporting suspected abuse of a child even when the alleged abuser is not the parent or caregiver of the child. 1.44 CHANGES TO AGREEMENT/CHANGED CONDITIONS Any changes to the resulting agreement must be in writing and executed by authorized representatives of all parties, or by a College-issued change order and acceptance by Contractor. Should conditions change that were not anticipated, both parties shall work together in good faith to adjust the Agreement to reasonably accommodate the change. 1.45 CONFIDENTIALITY & PROPRIETARY INFORMATION Confidential or proprietary information provided by one party to the other in discharge of the terms and conditions of this agreement must be clearly marked as being proprietary or confidential. Confidential information shall include only information that is made exempt from disclosure by Florida Statute. Each party agrees to protect the information or property disclosed to the other party and will take reasonable action required to protect the disclosing party from damages arising out of the disclosure of information or property in violation of this provision. If either party believes any information submitted is protected from disclosure under Florida’s public records law, the disclosing party must provide evidence of a statutory exemption under Florida law that is satisfactory to the other or obtain a protective order. All items of confidential information must be labeled in writing as such when delivered to the recipient. This solicitation and proposer’s response is not considered confidential. http://www.dcf.state.fl.us/programs/abuse/index.shtml http://www.dcf.state.fl.us/programs/abuse/index.shtml Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 15 of 49 2.0 Specifications/Overview The District Board of Trustees of Santa Fe College is accepting sealed bids to provide FCSRMC Property & Casualty Claims Administration Services. Instructions are to be followed as outlined in this RFP. Claims are currently administered by Gallagher Basset. This Request for Proposal (RFP) has been prepared to solicit proposals for the following claims administration services currently covered by the Consortium Loss Fund: • Workers’ Compensation (WC) • Third Party Liability (AL & GL) • Property • Crime • Educator’s Legal Liability (E & O) • Network Security & Privacy Liability Proposers must propose for all of the above lines of coverage to be considered for this opportunity. Proposals are preferred which can provide all needed claims administration without the use of sub-contractors. The proposals submitted will be used to determine those proposers with whom the Consortium will directly negotiate and contract. BACKGROUND OF FCSRMC The Florida College System Risk Management Consortium (FCSRMC) was established on March 1, 1980 for the sole purpose of joining in a cooperative effort to develop, implement and participate in a coordinated statewide state college risk management program and was created by mutual agreement of the Boards of Trustees of the Florida public colleges. The primary objectives of the Consortium are: • To provide protection against civil actions, as provided for in the self-insured Plan Document of Coverage or such other policies as may be purchased; to obtain protection against loss or damage to property owned by or under the control of each board or groups of Boards, casualty loss, workers compensation protection and such other protection mutually agreed upon. • To provide an organizational structure, operating policies, guidelines and procedures to effectively implement and administer a long range program to meet risk management objectives. Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 16 of 49 • To provide for the utilization of the expertise of the state college staffs, and to incorporate the necessary authority and flexibility to administer the program. • To consolidate services to reduce duplication of effort and achieve maximum utilization of resources. The services provided by the Consortium for its members include: • Management of self-insurance, specific insurance and excess insurance for 27 state colleges Property and Casualty Programs. • The Consortium coordinates the marketing and purchasing and administration of all excess insurance, specific insurance, self-insurance and Third Party Administrator requirements for both Property and Casualty insurance programs. • Recommend actions for new and renewal coverage’s to colleges as needed using the Consortium Operations Committee and the Risk Management Council for the approval process. • Providing coverage and claims information for participating colleges as needed. • Coordinating with the fiscal agent all Consortium accounting and human resource needs. Members of the Consortium Include: Eastern Florida State College Broward College College of Central Florida Chipola College Daytona State College Florida South Western State College Florida Gateway College College of the Florida Keys Gulf Coast State College Hillsborough Community College Indian River State College Lake-Sumter State College Miami Dade College North Florida College Northwest Florida State College Palm Beach State College Pasco-Hernando State College Pensacola State College Polk State College Santa Fe College Seminole State College South Florida State College St. Johns River State College St. Petersburg College Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 17 of 49 State College of Florida Manatee-Sarasota Tallahassee Community College Valencia College Santa Fe College serves as the Consortium’s fiscal agent. CURRENT PROGRAM AND INSURANCE PROVIDERS Gallagher Bassett currently administers all claims that fall within the Consortium’s self- funded retention. Workers’ Compensation: - The Consortium is a Qualified Self-Insured for Florida Workers’ Compensation claims. Coverage in all other states (except ND, OH, WA & WY) is provided by Safety National. Excess Workers’ Compensation coverage is provided by Safety National. The Consortium Loss Fund will cover the first $750,000 of each accident. Safety National provides Employers’ Liability limits of $2,000,000. General and Auto Liability: FL – The Consortium Loss Fund will cover up to $200,000 per person, $300,000 per occurrence (F.S. 768.28). Leased vehicles (leased for one year or longer) the Consortium Loss Fund will cover $100,000/$300,000/$50,000 (F.S. 324.021(9)(b). General Liability: Federal & Other – The Consortium Loss Fund will cover up to $200,000. United Educators provides $800,000 per occurrence with a $3,200,000 aggregate limit. Coverage includes drone liability, sexual molestation and sexual abuse. United Educators also provides excess coverage of $4,000,000. Educator’s Legal Liability (E&O): The Consortium Loss Fund will cover up to $50,000 of each claim. United Educators will cover up to $5,000,000 per college on an annual aggregate basis. Defense is in addition to the policy limit for select counsel. United Educators must approve select counsel. Property: All Perils (including Auto Physical Damage, Watercraft and Fine Arts) – The Consortium Loss Fund will cover up to $1,000,000 for all perils except flood at $2,500,000 & 3% of damaged building/contents for a named storm or a $2,500,000 whichever is greater. The individual college will have a $10,000 deductible per occurrence with some exceptions. Crime: Employee Theft, Money & Securities – The Consortium Loss Fund will cover up to $45,000 after the individual college deductible of $5,000. Massachusetts Bay Insurance Company will cover up to $1,000,000 less the $50,000 ($45,000 + $5,000) deductible. Crime: (Fiscal Agent) Employee Theft, Money & Securities – The Consortium Loss Fund will cover up to $45,000 after the individual college deductible of $5,000. Massachusetts Bay Company will cover up to $1,000,000. The limit for Health/Life Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 18 of 49 and/or Property Casualty funds is $10,000,000, less the $50,000 ($45,000 + $5,000) deductible. Network Security & Privacy Liability (Cyber): - The Consortium Loss Fund will respond after the individual college deductible of $10,000 per claim. Illinois National provides limits of $5,000,000 per college aggregate and $25,000,000 policy aggregate. A currently valued summary of the Consortium’s loss experience, to include the number of open and closed claims by type and year, is included as an attachment to this RFP. A current summary of the Consortium’s insurance coverages, retentions and each College’s retentions is included as an attachment. The successful proposer will be required to assume the administration of all open claims. 2.1 Term The term of the agreement for these services shall be for a period of five (5) Years. Contract start date shall be March 1, 2020. The term may be renewed for a period of five (5) years 2.2 Minimum Qualifications Proposer must be authorized as a claims administrator in the State of Florida. Proposer must demonstrate experience since 2015 as a claims administrator for Workers’ Compensation and Third Party Liability claims for a Florida Government. 2.3 Obligations Not Terminated by Contract Period Proposals are requested to provide service on all claims occurring during the contract period and until three (3) months after the final termination of the contract (including renewals, extensions or replacements thereof), all legally required reports for the contract period rendered, and all required reports to appropriate agencies. The proposer's proposed fee should include the full consideration for such continuing obligations and, except as noted herein, no additional consideration shall be due for such obligations which extend beyond the contract period. 2.4 Access to Claim Files The proposer agrees that FCSRMC shall have real-time access to all claim files, including all adjuster notes, supervisory notes, field case management notes, diary items, payment records, medical bills and expense bills in an electronic manner with internet based access available to FCSRMC. Proposals should detail how this access to claim files will be provided. The proposal evaluation process may include review of the adequacy of proposed systems. Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 19 of 49 2.5 Ownership of Claim Files FCSRMC shall have all right, title, interest, and ownership to all loss statistics and claim files created as a result of the services to be provided by the proposer. Further, at the sole option of FCSRMC and upon ten (10) days written notice, the proposer shall return such files to FCSRMC. At the termination of the contract, at the sole expense of the proposer, the proposer shall provide FCSRMC with digital media containing all of FCSRMC’s claim data. Such data shall be made available in a format generally importable into a commonly recognized database for claims administration services. 2.6 Audit of Files and Procedures At the sole option of FCSRMC, TPA shall agree, at no additional cost to FCSRMC, to any audits conducted by FCSRMC or FCSRMC’s designee (hereinafter, “Auditor”) of TPA’s claim files and procedures as they relate to the services under this Agreement. FCSRMC shall have the right to audit during the contract period and for five years following the termination of the Agreement. 2.7 Transition Services Proposers should clearly outline how services will transition from the current TPA to Proposer. Include information regarding experience transferring claims data from the current TPA to Proposer, the time needed to effectively and accurately transition, etc. 2.8 Stewardship Reports Proposers should provide Annual Stewardship Reports to both the Consortium and to each individual participating college. Proposers should include sample reports. 2.9 Workers’ Compensation Claims Administration Services 2.9.1 BACKGROUND FCSRMC has been self-insuring its Workers’ Compensation program since 1980. Claims are currently administered by Gallagher Basset. 2.9.2 STAFFING REQUIREMENTS Proposers are preferred that are willing to commit to providing FCSRMC with input regarding staffing assigned to FCSRMC’s account. Proposals are preferred which include staff which have the ability to provide full service to English, Spanish and Creole speaking individuals. 2.9.3 Compliance With Rules of Division of Workers' Compensation Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 20 of 49 It shall be the responsibility of the proposer to comply with all rules and regulations promulgated by the various state agencies prescribing the practices and procedures of self-insurer service companies. Proposer will be responsible for all required State of Florida EDI DWC reporting. Proposer must agree to reimburse FCSRMC for payment of any fines, penalties or assessments assigned by the State of Florida, or other regulatory agency, for failure to comply with such rules and regulations, including EDI reporting, associated with the performance or responsibility of the service company. 2.9.4 Workers’ Compensation Required Services Proposers must agree to provide all of the following services:  administrative services,  claims services,  telephonic case management services  first notice of injury services,  loss statistic services,  network access, managed care and development services,  medical bill review and audit services,  pharmaceutical benefit management services 2.9.5 Administrative Services Proposers are requested to provide the following administrative services: 1. In accordance with state mandated time frames, prepare (with FCSRMC's assistance) and file with the appropriate state agencies all applications, bonds, documentation, and data required (if any) for implementation and continuance of the program. 2. In accordance with state mandated time frames, prepare, maintain, and file all records and reports as may be required by legal authorities (state, local, and federal). 3. Prepare, maintain, and file statistical or other records and reports as required by FCSRMC’s excess insurers. Report claims to FCSRMC’s excess insurer(s) in accordance with the requirements of the excess insurer(s). Provide a copy of the reports to FCSRMC. Follow specific written investigation procedures for any case for which the Excess Workers’ Compensation Insurer requires specific notification or investigation. 4. In accordance with state mandated time frames, prepare, maintain, and file statistical information required by Workers' Compensation Rating Bureaus or appropriate state agencies, including EDI and data necessary for the Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 21 of 49 promulgation of experience modifications. 5. Comply fully with all rules, regulations, guidelines or procedures established by FCSRMC and the State of Florida, including EDI. 6. Recognize that FCSRMC will be continuing a Workers’ Compensation program which focuses on respecting the injured worker and the medical providers providing care. Proposers must be committed to work collaboratively with FCSRMC to effect program changes and enhancements as requested by FCSRMC. 7. Annually, provide FCSRMC with a SSAE-18 audit as required by the financial auditors. 8. Prepare and follow provisions specific to FCSRMC, for approval by FCSRMC, for ensuring that in the event of an emergency, e.g.; hurricane preparedness, including how proposers services will continue, how FCSRMC’s employees will be paid indemnity in advance, and how they will be instructed on obtaining medical care and prescriptions. 9. Provide advance notice and coordinate in advance with FCSRMC internal any audits associated with the Workers’ Compensation program. 10. Assist FCSRMC with its Return to Work program, including identifying return to work opportunities and appropriate use of outside vendors. 2.9.6 Claim Services Proposers are requested to provide the following claims services: 1. Establish reporting procedures which are compatible with the needs and organizational structure of FCSRMC. 2. Provide necessary forms and instructions for use. Such forms are to include appropriate First Reports of Injury with mailing address of primary recipients preprinted thereon. 3. Provide toll-free customer service lines for employees. 4. Develop specific service instructions with FCSRMC for the handling of FCSRMC’s claims. Develop specific service instructions with FCSRMC for the handling of FCSRMC’s catastrophic claims. 5. Conduct such investigation into the specifics of each individual report of employee injury as in the exercise of professional judgment would seem necessary. Enhanced efforts shall be taken to identify possible fraudulent claims including recorded statements from claimants and discussions with the claimant’s supervisors. 6. Subject to the exercise of professional judgment, accept and settle or deny all reported claims for employee injuries on behalf of FCSRMC in accordance with the applicable Workers' Compensation Law or law of damages. FCSRMC shall be notified of all potential settlements and the final decision for all settlements shall rest with FCSRMC. Any settlement is to include preparation and actuation of all necessary stipulations, compromise, and release agreements. Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 22 of 49 7. FCSRMC will select and employ outside professionals such as surveillance personnel, expert witnesses, and attorneys to assist in the investigation, adjustment, and defense of claims. If it is in the best interest of FCSRMC to delegate any aspect of this function to the proposer, FCSRMC reserves the right to do so. (a) FCSRMC may select specific vendors and pricing schedules for the following services: Legal services, Field Case Management, Translation services, Transportation services, Surveillance and Investigation services, Medicare Set-Aside services and Court Reporting services. However, if it is in the best interest of FCSRMC to use vendors the proposers has existing relationships and set pricing with, FCSRMC reserves the right to do so. (b) The proposer must be able to review all bills for such services for reasonableness and conformity to any pre-established rates or fees and have the ability to adhere to any set pricing schedules. (c) The firm with whom FCSRMC contracts must agree to work collaboratively with these outside professionals, including data sharing, portals and other methods for sharing information. 8. Review all medical bills and bills for other services for which a claim is being made for reasonableness and conformity to rules, regulations, and legally imposed medical and surgical fee schedules. 9. Prepare and maintain files necessary for legal defense of claims and/or other litigation (such as actions for subrogation, contribution, or indemnity) or other proceedings. 10. Where appropriate or desirable, attend hearings, depositions, mediations, and other proceedings. The adjuster handling the claim file will provide an updated written file report within 48 hours after the hearing, deposition, mediation or other proceeding. 11. At the request of FCSRMC, provide a complete copy of all files involving litigation, potential or actual subrogation, or potential or actual recovery from special or second injury funds to the Risk Management Administrator. 12. Aggressively pursue all possibilities of subrogation, excess insurance reimbursement, third party liens, contribution or indemnity and/or recovery from special or second injury funds on behalf of FCSRMC. 13. Periodically as appropriate, but at least every quarter, review all open cases and complete a strategic action plan in order to assist in the settlement of the cases. Such written reviews shall include a review and verification of outstanding reserves. Participate in quarterly reviews of field case management progress and legal progress. A written summary of the review shall be documented in the open case file and shall be provided to FCSRMC within ten working days after Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 23 of 49 the end of the period for which the report is being made. It is anticipated that at least three claim reviews will be done annually in person at FSCRMC’s offices. 14. Provide rehabilitative services for injured employees including consultation for retraining or reassignment of employees with limited physical performance arising from covered injuries. 15. The supervising adjuster shall meet with FCSRMC’s Director of Labor Relations & Risk Management or designee thereof to consult with and refer all questionable or contested cases and those with an estimated value in excess of $5,000. 16. Aid in communications/coordination with FCSRMC’s safety and accident prevention program staff as necessary including providing claims data needed to target safety and prevention initiatives. 17. Conduct adequate, timely and complete 24 hour contact investigation of claims regardless of exposure (24 hours from first notice to WC management organization, not 24 hours from when adjuster received). 18. Document and establish reserves on a periodic basis for all claims. Review previously set reserves on a regular basis and adjust as necessary. 19. Pay vendor bills (attorneys, surveillance, etc.), within 20 days. 20. Develop and follow appropriate written policies when (i) the injured employee requests a second opinion, (ii) medical evaluation is questioned, or (iii) grievance report is filed. 21. Assist, as appropriate, in the scheduling of independent medical examinations 22. Monitor the purchase of items deemed to be medically necessary for the accommodation of an injured employee and obtain approval from the Director of Labor Relations and Risk Management or designee thereof for these items. 23. Follow all provisions of Florida Statutes in regard to medical benefit entitlement and administration. 24. Maintain a Florida office with service personnel available from 8:00 a.m. to 5:30 p.m. 2.9.7 Telephonic Case Management Services The successful proposer shall: a. Use Registered Nurses and vocational counselors to provide telephonic case management services for all appropriate claims. Telephonic case managers will be: (1) are licensed (Registered Nurses) and certified (Registered Nurses and vocational counselors) by the Florida Division of Workers’ Compensation as qualified rehabilitation providers; and (2) are experienced in Florida Workers’ Compensation medical/disability case management. Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 24 of 49 b. Provide the following services in cooperation with FCSRMC: (1) Medical care coordination, including evaluation of appropriate referrals and approvals for specialty care, surgeries, physical therapy and diagnostics. (2) Provide review of requests for DME, treatments and other procedures. Field Case Management services will not be provided by the Proposer. These services are contracted and are assigned only with Consortium pre-approval. 2.9.8 First Notice Of Injury Services Proposers are requested to provide the following administrative services: 1. Provide 24 hour telephonic and internet based electronic claim reporting and intake capabilities. Send First Notice of Injury to the State of Florida in a timely manner. Proposers must accept responsibility for penalties for late notice to the State of Florida when caused by other than the delay of FCSRMC. 2. Receive and examine on behalf of FCSRMC all reports of employee injury claims. Coordinate data between first report of injury and claims administration system. Newly reported injuries must be in the claims system as a claim within 24 hours of report. 3. The on-line claim security shall permit on-line input of accident reports by FCSRMC. 2.9.9 Information System and Reporting Services The proposer shall provide FCSRMC with the ability to access comprehensive on-line real-time electronic claim information data. The proposer must provide access to online claim information systems to all FCSRMC designees, including staff members, consultants and FCSRMC Attorney’s office. The proposer agrees that FCSRMC shall have real-time access to all claim files, including all adjuster notes, supervisory notes, field case management notes, diary items, payment records, medical bills and expense bills in an electronic manner with internet-based access available to FCSRMC. Proposals should detail how this access to claim files will be provided. Claims data must be maintained so that reporting can be provided on a Consortium wide basis and on an individual College basis. The proposal evaluation process may include review of the adequacy of proposed system and user-friendly enhancements, such as dashboard and simple links to information will be preferred. Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 25 of 49 The proposer shall provide FCSRMC with regular monthly reports, as agreed upon by the parties, in such a format as is acceptable to FCSRMC. The proposer will provide ad-hoc reports as requested by FCSRMC. All reports required herein shall be mailed or delivered to FCSRMC within five (5) working days from the end of the reporting period (i.e., month, quarter, when requested by FCSRMC, etc.). The proposer will be subject to a penalty of $100 per day per report thereafter until the required reports are provided to FCSRMC. 2.9.10 Medical Bill Review And Audit Services Proposers are requested to provide the following medical bill review and audit services: 1. For Medical Bill Review: (a) Promptly review medical/surgical bills (in and out of network) for accuracy including, but not limited to, as they relate to the following: (i) Duplicate billings (ii) Unbundling of charges (iii) Upcoding of charges (iv) Approval and appropriate precertification (b) Review all medical bills that: (i) Are not subject to fee schedule coding (ii) Are for services not specifically addressed in the fee schedule (iii) Need an in-depth medical interpretation of the rules and regulations (iv) In the exercise of professional judgment, specifically warrant review (c) Process, pay and mail bills within 20 days of receipt. 2. Reimburse FCSRMC for any overpayments made in the bill review process, within 30 days of identification of overpayment. Reimburse FCSRMC for any penalties and/or interest associated with inaccurate payments. 3. For Medical Auditing Services: (a) Audit in-network and out-network hospital/provider bills (i) Exceeding $5,000 (ii) Where a departmental charge exceeds 10% of the total bill, excluding room and City charges (iii) Others at the proposer's discretion or specific request by FCSRMC for accuracy and appropriateness Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 26 of 49 (b) Develop and follow written policies on how late charges, no show charges and special payment arrangements are to be handled 4. Develop and provide communication materials to explain the policies and procedures of the Medical Bill Review and Audit Services to: (a) FCSRMC (b) Medical providers 5. Develop and follow written grievance procedures for provider concerns. 2.9.11 Pharmaceutical Management Services The proposer shall recommend a prescription benefit management (PBM) vendor. Details regarding the PBM’s services should be provided, including access, utilization review services, coordination of claims data and reporting. 2.10 Non-WC Claims Administration Services 2.10.1 Background FCSRMC has been self-insuring its third party liability program since 1980. Claims are currently administered by Gallagher Basset. Third Party Claims includes General Liability, Automobile Liability, Automobile Physical Damage claims including subrogation, School Leaders Errors and Omissions including Professional Liability Claims, Fine Arts, Non-Catastrophic Property Claims, Crime, Internet Crisis Management and Administrative Defense Claims. o FCSRMC requires the availability of one Property General Adjuster to be utilized on an as needed basis. o In the event of a catastrophic loss, the Consortium will select a CAT adjuster. o If less than ten (10) buildings are involved, and the total CAT loss is estimated less than $500,000, the Proposer will handle the claims and no additional charges will apply. o If more than ten (10) buildings are involved, and the total CAT loss is estimated less than $500,000, the Proposer will handle the claim, but may request authorization from the Consortium to utilize an independent adjuster. o If the total CAT loss exceeds $500,000, the proposer will set up claim files, however the property insurer(s) and/or their designee will handle the field adjustment of the claims. 2.10.2 Staffing Requirement Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 27 of 49 Proposers are preferred that are willing commit to providing FCSRMC with input regarding staffing assigned to FCSRMC’s account. Proposals are preferred which include staff which have the ability to provide full service to English and Spanish speaking individuals. Proposer shall make available to FCSRMC the services of a third party liability adjuster, with a minimum of five years of experience adjusting third party liability claims, and to be able to provide on-site field adjusting services throughout the state of Florida when needed. 2.10.3 Required Services Proposers must agree to provide all of the following services:  administrative services,  claims services, and  loss statistic services 2.10.4 Administrative Services Proposers are requested to provide the following administrative services: 1. Prepare (with FCSRMC's assistance) and file with the appropriate state agencies all applications, bonds, documentation, and data required (if any) for implementation and continuance of the program. 2. Prepare, maintain, and file all records and reports as may be required by legal authorities (state, local, and federal) including Form 1099 and all reporting required for Medicare Secondary Payer provisions. 3. Prepare, maintain, and file statistical or other records and reports as required by FCSRMC’s excess insurers. 4. Prepare, maintain, and file statistical information required by Rating Bureaus or appropriate state agencies. 5. Comply fully with all rules, regulations, guidelines or procedures established by FCSRMC and the State of Florida. 2.10.5 Claims Services Proposers are requested to provide the following claims services: 1. Establish reporting procedures which are compatible with the needs and organizational structure of FCSRMC. 2. Provide necessary forms and instructions for use. Such forms are to include appropriate accident reports with mailing address of primary recipients preprinted thereon. Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 28 of 49 3. Be available on a 24 hour basis and provide immediate response to claims investigation requests through use of email or cellular telephones. 4. Provide toll-free customer service lines. 5. Prepare and follow a work plan that has been approved by FCSRMC in the handling of FCSRMC’s claims. Prepare and follow a work plan that has been approved by FCSRMC in the handling of FCSRMC’s catastrophe claims. 6. Receive and examine on behalf of FCSRMC all reports of third-party claims including claims by an employee of one Insured against another Insured. 7. Report claims to FCSRMC’s excess insurer(s) in accordance with the requirements of the excess insurer(s). Provide a copy of the report to FCSRMC. Follow specific written investigation procedures for any case for which the excess insurer requires specific notification. 8. Within 24 hours after notification of a serious (one requiring more than first aid) third party bodily injury claim, contact the claimant by telephone or in person. Within two working days after notification of any other third-party claim, contact the claimant by telephone or in person. 9. Subject to the exercise of professional judgment, accept and settle or deny all third-party claims on behalf of FCSRMC. The final decision for all settlements shall rest with FCSRMC or its designee. Any settlement is to include preparation and actuation of all necessary compromise and release agreements. 10. Conduct such investigation as in the exercise of professional judgment would seem necessary. Follow specific written investigation procedures for any case for which the excess insurer requires specific notification. 11. FCSRMC will select and employ outside professionals such as surveillance personnel, expert witnesses, and attorneys to assist in the investigation, adjustment, and defense of claims. If it is in the best interest of FCSRMC to delegate any aspect of this function to the proposer, FCSRMC reserves the right to do so. (a) FCSRMC has selected specific vendors and pricing schedules for the following services: Legal services, Translation services, Transportation services, Surveillance and Investigation services, Medicare Set-Aside (CMS) services and Court Reporting services. However, if it is in the best interest of FCSRMC to use vendors the proposer has existing relationships and set pricing with, FCSRMC reserves the right to do so. (b) The proposer must be able to review all bills for such services for reasonableness and conformity to any pre-established rates or fees and have the ability to adhere to any set pricing schedules. (c) The firm with whom FCSRMC contracts must agree to work collaboratively with these outside professionals. FCSRMC will be involved in the selection process for such outside professionals and will be involved in establishing effective utilization decision making criteria. Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 29 of 49 12. Prepare and maintain files necessary for legal defense of claims and/or other litigation (such as actions for subrogation, contribution, or indemnity) or other proceedings. 13. Where appropriate or desirable, attend hearings, depositions, mediations, and other proceedings. The attorney or other party representing FCSRMC shall provide a written report to FCSRMC within ten working days after the hearing, deposition, mediation or other proceeding. The adjuster handling the claim file will provide an oral report to FCSRMC within ten working days after the hearing, deposition, mediation or other proceeding. 14. Pay in a timely fashion all claims and expenses pertaining to FCSRMC’s claims. 15. At the request of FCSRMC, provide a complete copy of all files involving litigation, potential or actual subrogation, or potential or actual recovery from special or second injury funds to the Risk Management Administrator or the designee thereof. 16. Aggressively pursue all possibilities of subrogation, excess insurance reimbursement, third party liens, contribution or indemnity on behalf of FCSRMC. Services for Automobile Liability shall include the pursuit of subrogation on behalf of FCSRMC for Automobile Physical Damage losses. 17. Periodically as appropriate, but at least every six months, review all open cases in and complete a strategic action plan in order to assist in the settlement of the cases. Such written review shall include a review and verification of outstanding reserves. A written summary of the review shall be documented in the open case file and shall be provided to FCSRMC within ten working days after the end of the period for which the report is being made. 18. The supervising adjuster shall meet with FCSRMC’s Risk Manager, or the designee thereof, to consult with and refer all questionable or contested cases and those with an estimated value in excess of $10,000. 2.10.6 Loss Statistics Services The proposer shall provide FCSRMC with the ability to access comprehensive on-line real-time electronic claim information data. The proposer must provide access to online claim information systems to all City designees, including City staff members, consultants and FCSRMC Attorney’s office. The proposer agrees that FCSRMC shall have real-time access to all claim files, including all adjuster notes, supervisory notes, diary items, and expense bills in an electronic manner with internet-based access available to FCSRMC. Proposals should detail how this access to claim files will be provided. The proposal evaluation process may include review of the adequacy of proposed system and user-friendly enhancements, such as dashboard and simple links to information will be preferred. Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 30 of 49 The proposer shall provide FCSRMC with regular monthly reports, as agreed upon by the parties, in such a format as is acceptable to FCSRMC. The proposer will provide ad-hoc reports as requested by FCSRMC. All reports required herein shall be mailed or delivered to FCSRMC within five (5) working days from the end of the reporting period (i.e., month, quarter, when requested by FCSRMC, etc.). The proposer will be subject to a penalty of $100 per day per report thereafter until the required reports are provided to FCSRMC. The successful proposer shall, at the request of FCSRMC, have the capability to provide all reports agreed upon. Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 31 of 49 3.0 Submittals You must submit the following for your bid/proposal to be considered: 1. A signed Submission Acknowledgement Form (Page 3). 2. Any Addenda that requires a signature 3. Proposal Forms (Appendix B) You may submit the following as well, if applicable: • Appendix A: Drug-Free Workplace Statement signed 4.0 Price Sheet 4.1 Cost Requirements Proposals are requested to provide flat, annual fees for claims administration services, including the following services:  Adequate staffing to provide a high level of service and client satisfaction;  Administration of all new and old claims for the life of the contract plus an additional 90 days;  Conversion of all old claims data into their claim management system in manner that makes the data accessible to FCSRMC and for other reporting purposes;  First notice of injury reporting services;  All bill review services;  All indexing;  All telephonic case management services;  Subrogation services;  Access to internet-based information system;  All excess insurance reporting;  Access to prescription benefit management services (PBM); and  All provider network access. Fees should be payable in 12 equal monthly installments. Proposals will not be considered which include variable pricing for any of the above noted services. The above services, which are to be included in the flat, annual fee, may not be charged to claim files as Allocated Loss Adjusting Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 32 of 49 Expenses, Medical Management Billing or similar charges. Any proposals which include such charges to claim files will not be considered. The proposed fees must include the taking over of all open claims as of the time of contract inception. FCSRMC requires full and total transparency in its vendor relationships. Therefore, any commission, service fee, administrative fee or other form of remuneration paid to any agent, broker, lobbyist or third party must be identified in the proposal and throughout the term of the contract. Proposers must identify all sub-contractors who will be used to provide the services outlined in this RFP. The flat fee paid by FSCRMC must be the only remuneration to the proposer for services provided to FSCRMC and proposers must receive no revenue for these services from sub-contractors. Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 33 of 49 APPENDIX A: DRUG-FREE WORKPLACE PROGRAM STATEMENT In accordance with Section 287.087, Florida Statutes, preference must be given to vendors submitting a certificate of a drug-free workplace. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: • Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. • Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. • Give each employee, engaged in providing the commodities or contractual services that are under bid, a copy of the statement specified in subsection 1. • In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. • Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. • Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I hereby certify that this firm complies fully with the above requirements. SIGNATURE _________________________________________________________________________ TITLE ____________________________________________ DATE __________________________ Santa Fe College/FCSRMC RFP #08-20C – Property & Casualty Claims Administration Services Page 34 of 49 APPENDIX B – Proposal Forms FCSRMC/Santa Fe College RFP # 08-20C Request for Proposals For Property & Casualty Claims Administration Services PROPOSAL FORMS Proposal Form - Page 35 FCSRMC RFP # 08-20C PROPOSAL FORMS PROPOSER'S IDENTIFICATION Name of Claims Administrator: FEIN/SS#: Address: Claims Administrator Authorized Representative: Telephone Numbers Daytime: After Hours: E-mail: Proposal Form - Page 36 MINIMUM QUALIFICATIONS In order for a proposal for Claims Administration Services to be considered from a proposer, the proposer must meet the following: A. Be authorized as an administrator in the State of Florida. - Attach the proper license as documentation. B. Demonstrate experience administering a Workers’ Compensation and Third Party Liability program for a Florida governmental employer since January 1, 2015. Client Reference: Please complete reference form for this client. DEMONSTRATION OF COMPETENCY AND EXPERIENCE For the purpose of evaluating competency and experience, the degree of relevant experience of the proposer, including other Florida government self- insured programs, municipality self-insured programs and other large employer self-insured programs will be a primary factor. Other relevant experience which indicates the scope of services, experience and resources available from the proposer with respect to the specific personnel will also be considered. FCSRMC is especially interested in the competency and experience of the specific office and personnel that would be providing the services. Proposal Form - Page 37 Client References Proposers are requested to provide information regarding a minimum of three (3) references and a maximum of six (6). Please copy this page and repeat for each reference. Name & Address of Account: Principal Contact and Title: Telephone #: Email: Year proposer retained by account: Date Services last performed for account: Estimated # Active Employees: Estimated Annual # of FL WC Claims: Description of services provided. Additional Comments: Proposal Form - Page 38 Specific Personnel List staff members and attach their resumes of who will be active in the transition and development of the proposed program. At a minimum, each proposer should include a resume for each specific personnel member. Each such resume should include at least the following: 1. Name of member 2. Firm name 3. Office address, telephone number & email addresses 4. Academic credentials 5. Professional designations 6. Professional memberships 7. Brief employment history, including years in current function 8. Licenses maintained Indicate the name, office address, telephone number, and email address of those individuals of your firm who will be responsible for the City’s account if your proposal is selected. Name: Firm Name & Address: Ph: Email: Ph: Email: Proposal Form - Page 39 Ph: Email: Ph: Email: Ph: Email: FCSRMC/Santa Fe College RFP #08-20C: Property & Casualty Claims Administration Services Page 40 of 49 Authorized Representative Each proposer should identify a specific individual as the Authorized Representative, who has the authority to represent the proposer in all matters with respect to this proposal: Name: Firm Name & Address: Ph: Email: Firm Experience & Qualifications Please provide copies of your two most recent Florida Department of Financial Services Division of Workers’ Compensation audits, your two most recent excess insurer audits, your most recent SAES- 18 or comparable audit, and a summary of your EDI penalties incurred over the past 12 months. Please provide details about a successful transition you have completed. FCSRMC/Santa Fe College RFP #08-20C: Property & Casualty Claims Administration Services Page 41 of 49 COST Projected Cost, including future cost guarantees. Proposals will only be considered which provide flat annual pricing terms, inclusive of all requested services. March 1, 2020 – March 1, 2021 March 1, 2020 – March 1, 2021 March 1, 2020 – March 1, 2021 March 1, 2020 – March 1, 2021 March 1, 2020 – March 1, 2021 Please describe all services not included in the above flat annual costs. FCSRMC/Santa Fe College RFP #08-20C: Property & Casualty Claims Administration Services Page 42 of 49 Please confirm that the following services are included in your proposed flat annual fees: Service Confirm if Included in Flat Fee – Yes- Included or No – Not Included If No – Not Included, please provide detail of deviation Adequate Staffing Administration of all new claims and old claims for the life of the contract plus an additional 90 days. Conversion of all old claims data into claims management system in a manner that makes the data accessible to FCSRMC and for reporting purposes First Notice of Injury Services All Bill Review Services All Indexing All Telephonic Case Management Services Subrogation Services Access to Internet Based Information System All Excess Insurer Reporting Access to PBM All Provider Network Access Please confirm that you will provide full and total transparency in your relationship with FCSRMC. Please confirm that you will not accept any commissions, service fees, administrative fees, or other form of remuneration in relation to the services provided for FCSRMC. FCSRMC/Santa Fe College RFP #08-20C: Property & Casualty Claims Administration Services Page 43 of 49 Please identify all sub-contractors that will be used to provide the requested administrative services. SCOPE OF SERVICES Please indicate if you are unable to provide any of the listed services. Please describe your transition plan for the takeover of all old claims. Please provide a sample Stewardship Report. Please detail how you will staff the services for FCSRMC. Please detail First Report of Injury services that you will provide. FCSRMC/Santa Fe College RFP #08-20C: Property & Casualty Claims Administration Services Page 44 of 49 Please provide details about how we can view your online claim and reporting system. Please detail your ability to maintain data and provide reporting for both each individual participating College and the Consortium. Please provide information regarding your bill review services. Please provide information regarding your telephonic case management services. Please provide information regarding the provider network you will recommend and your ability to work with FCSRMC to develop access to the best quality providers throughout the state. FCSRMC/Santa Fe College RFP #08-20C: Property & Casualty Claims Administration Services Page 45 of 49 Please provide information on your pharmacy management services. Please provide information on your property claims handling services. Please detail how you will manage and maximize excess insurance recoveries. Please detail your subrogation services. FCSRMC/Santa Fe College RFP #08-20C: Property & Casualty Claims Administration Services Page 46 of 49 DEVIATIONS FROM RFP PROVISIONS Indicate whether your proposal will or will not comply with the RFP with respect to the coverage, service or provision listed below. All provisions set forth in the RFP are to be included VERBATIM in the contract unless indicated to the contrary on the Proposal Form. The absence of any notation will be presumed to indicate full compliance. Required deviations may be grounds for disqualification. FCSRMC/Santa Fe College RFP #08-20C: Property & Casualty Claims Administration Services Page 47 of 49 DEVIATIONS FROM MODEL PROGRAM Indicate whether your proposal will or will not comply with the RFP with respect to the coverage, service or provision listed below. All endorsements set forth in the RFP are to be included VERBATIM in the contract unless indicated to the contrary on the Proposal Form. The absence of any notation will be presumed to indicate full compliance. Section RFP Provisions Will Will Not 1.4 Costs 1.5 Inquiries and Interpretations 1.9 Scoring Meeting 1.10 Presentations 1.11 Negotiations 1.12 Award 1.13 Posting and Tabulation 1.14 Protest 1.15 Insurance 1.20 Conflict of Interest 1.21 Non-Conformance to Contract Conditions 1.22 Disputes 1.28 Liability (Hold Harmless) 1.29 Anti-Discrimination Clause 1.30 Americans with Disability Act 1.31 State Licensing Requirement 1.32 Public Entity Crime Information 1.33 Discriminatory Vendors List 1.34 Unauthorized Employment of Alien Workers 1.35 Records 1.36 Severability 1.37 Governing Law and Venue FCSRMC/Santa Fe College RFP #08-20C: Property & Casualty Claims Administration Services Page 48 of 49 1.38 Termination For Convenience 1.39 Availability of Funds 1.40 Force Majure 1.41 Verbal Instructions 1.42 Preference to Florida Business 1.43 College Rules 1.44 Changes to Agreement/Changed Conditions 1.45 Confidentiality & Proprietary Information 2.1 Term 2.2 Minimum Qualifications 2.3 Obligations Not Terminated by Contract Period 2.4 Access to Claim Files 2.5 Ownership of Claim Files 2.6 Audit of Files and Procedures 2.7 Transition Services 2.8 Stewardship Reports 2.9.2 Staffing Requirements 2.9.3 Compliance with the Rules of Division of WC 2.9.4 WC Required Services 2.9.5 Administrative Services 2.9.6 Claims Services 2.9.7 Telephonic Case Management Services 2.9.8 First Notice of Injury Services 2.9.9 Information System and Reporting Services 2.9.10 Medical Bill Review and Audit Services 2.9.11 Pharmaceutical Management Services FCSRMC/Santa Fe College RFP #08-20C: Property & Casualty Claims Administration Services Page 49 of 49 2.10.2 Non-WC Staffing Requirement 2.10.3 Non-WC Required Services 2.10.4 Non-WC Administrative Services 2.10.5 Non-WC Claims Services 2.10.6 Non-WC Loss Statistical Services ADDITIONAL COMMENTS/DEVIATIONS FROM RFP PROVISIONS If your proposal does not fully comply with any provision, condition or requirement in this RFP, explain fully (attach and identify additional pages as necessary) the alternative provision, condition or requirement proposed. Purchasing Department RFP #08-20C: FCSRMC Property & Casualty Claims Administration Services INFORMATION SHEET Posting Date: September 18, 2019 Solicitation Acknowledgement (REQUIRED) Solicitation RFP 08-20C: FCSRMC Property & Casualty Claims Administration Services 1.0: General Terms and Conditions 1.1 DEFINITIONS 1.2 SEALED SUBMITTAL DEADLINE 1.3 EXECUTION OF RESPONSE 1.4 COSTS 1.5 INQUIRIES & INTERPRETATIONS 1.6 ADDENDA 1.7 PRE-SOLICITATION MEETING(S) 1.8 SOLICITATION OPENING/DUE DATE AND TIME 1.9 SCORING MEETING 1.10 PRESENTATIONS 1.11 NEGOTIATIONS 1.12 AWARD 1.13 POSTING AND TABULATION 1.14 PROTEST 1.15 INSURANCE 1.16 PRICES, TERMS, AND PAYMENT 1.17 TAXES 1.18 MISTAKES 1.19 DELIVERY 1.20 CONFLICT OF INTEREST 1.21 NON-CONFORMANCE TO CONTRACT CONDITIONS 1.22 DISPUTES 1.23 GOVERNMENTAL RESTRICTIONS 1.24 LEGAL REQUIREMENTS 1.25 PATENTS AND ROYALTIES 1.26 ADVERTISING 1.27 ASSIGNMENT 1.28 LIABILITY (HOLD HARMLESS AGREEMENT) 1.29 ANTI-DISCRIMINATION CLAUSE 1.30 AMERICANS WITH DISABILITIES ACT 1.31 STATE LICENSING REQUIREMENT 1.32 PUBLIC ENTITY CRIME INFORMATION 1.33 DISCRIMINATORY VENDORS LIST 1.34 UNAUTHORIZED EMPLOYMENT OF ALIEN WORKERS 1.35 RECORDS 1.36 SEVERABILITY 1.37 GOVERNING LAW AND VENUE 1.38 TERMINATION FOR CONVENIENCE 1.39 AVAILABILITY OF FUNDS 1.40 FORCE MAJURE 1.41 VERBAL INSTRUCTIONS 1.42 PREFERENCE TO FLORIDA BUSINESS 1.43 COLLEGE RULES 1.44 CHANGES TO AGREEMENT/CHANGED CONDITIONS 1.45 CONFIDENTIALITY & PROPRIETARY INFORMATION 2.0 Specifications/Overview 2.1 Term 2.2 Minimum Qualifications 2.3 Obligations Not Terminated by Contract Period 2.4 Access to Claim Files 2.5 Ownership of Claim Files 2.6 Audit of Files and Procedures 2.7 Transition Services 2.8 Stewardship Reports 2.9 Workers’ Compensation Claims Administration Services 2.10 Non-WC Claims Administration Services 3.0 Submittals 4.0 Price Sheet 4.1 Cost Requirements APPENDIX A: DRUG-FREE WORKPLACE PROGRAM STATEMENT FCSRMC RFP # 08-20C PROPOSAL FORMS