Linking Agreement with Brown & Brown Insurance Services, Inc
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01/28/2025
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
BROWN & BROWN INSURANCE SERVICES, INC
This Linking Agreement (“Agreement”) is entered into as of this day of , 2025, between the
City of Glendale, an Arizona municipal corporation (“City”), and Brown & Brown Insurance Services, Inc,
a Florida corporation, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.”
RECITALS
A.
On July 1, 2023, the City of Tempe, a member of the S.A.V.E cooperative purchasing consortium,
entered into a contract with Contractor to purchase the goods and services described in the City of
Tempe Contract No. T23-077-01: Benefits Consultant (“Cooperative Agreement”), which is
attached hereto as Exhibit A. The Cooperative Agreement allows its cooperative use by other
governmental agencies, including the City.
B.
Section 2-149 of the City’s Procurement Code permits the Finance Director to procure goods and
services by participating with other governmental units in cooperative purchasing agreements when
the best interests of the City would be served.
C.
Section 2-149 also provides that the Finance Director may enter into such cooperative agreements
without meeting the formal or informal solicitation and bid requirements of Glendale City Code
Sections 2-145 and 2-146.
D.
The City wishes to contract with Contractor for supplies or services identical to those being provided
to other units of government under the Cooperative Agreement. Contractor consents to the City’s
cooperative use of the terms and conditions of the Cooperative Agreement, and agrees to provide
the supplies and services set forth in the Statement of Work appended hereto as Exhibit B.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and
the covenants and promises contained in this Linking Agreement, the parties agree as follows:
1.
Term of Agreement.
A.
As provided in the Cooperative Agreement, purchases can be made by governmental entities
from the date of award, which was July 1, 2023, until the date the contract terminates on
June 30, 2027, unless the term is extended by mutual agreement of the parties to the
Cooperative Agreement. The Cooperative Agreement, however, may not be extended
beyond June 30, 2029. The initial period of this Agreement is the period from the Effective
Date of this Agreement until June 30, 2027.
B.
The City may extend the term of this Agreement for one (1) additional two (2) year renewal
if the Cooperative Agreement is likewise extended and the City gives the Contractor notice
that it is exercising its option to extend this Agreement 30 days prior to the anniversary of
the Effective Date. Glendale extensions are not automatic and shall only occur if the City
affirmatively exercises its right to extend this Agreement.
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01/28/2025
2.
Scope of Work; Terms, Conditions, and Specifications.
A.
Contractor shall provide City the supplies and/or services identified in the Scope of Work
attached as Exhibit B.
B.
Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
3.
Compensation.
A.
The total purchase price for the supplies and/or services purchased under this Agreement
shall not exceed three hundred thousand dollars ($300,000) for the entire term of the
Agreement (initial term plus any extensions).
4.
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
5.
Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Contractor will require any Sub-contractor to be bound to the same
requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants
compliance with this section.
6.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the
City prior to the Effective Date.
7.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of
A.R.S. § 41-4401.
8.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties
hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to
not engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.
9.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and
during the term of this Agreement, will not use:
a.
the forced labor of ethnic Uyghurs in the People’s Republic of China;
b.
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
c.
any contractors, subcontractors or suppliers that use the forced labor or any goods
or services produced by the forced labor of ethnic Uyghurs in the People’s Republic
of China.
10.
Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with
a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate
signed by an officer of Contractor with oversight responsibility.
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
BROWN & BROWN INSURANCE SERVICES, INC
EXHIBIT A
CITY OF TEMPE
CONTRACT NO. T23-077-01
Contract Award Notice
Financial Services
Procurement Office
20 E. 6th Street
Tempe, AZ 85281
Contract Number:
T23-077-01
Issue Date:
02-17-2023
Description:
Benefits Consultant
81831
Award Period
Brown & Brown Insurance of Arizona, Inc.
Beginning:
07-01-2023
Charlie Broucek
Ending:
06-30-2025
2800 N Central Ave., Suite 1100
Phoenix, AZ 85004
Potential Renewals:
Two (2) two years ea
Phone:
602-977-3806
Cell:
602-692-3564
Email:
charlie.broucek@bbrown.com
This Contract Award Notice is issued for the purchase of goods, materials and/or services as requested by the above noted
solicitation/contract number. The contract shall remain in effect as noted in the award period block unless extended,
renewed or canceled per terms and conditions of the solicitation.
It is to be noted that any contracted vendor document(s) that conflict with the language and requirements of the City's
solicitation are not acceptable and will void the contract. In addition, contracted vendor is not to begin work or make delivery
of awarded items until any and all required insurance and/or performance bonds are posted with the City Procurement
Office.
If contracted vendor has a change of address for mailing payments and/or for mailing future bid solicitations, it is the vendor’s
responsibility to notify the City Procurement Officer identified with this contract and to ensure all such mailing address
information is kept current.
Please note that your City of Tempe contract number should appear on all shipping documents, invoices and statements.
Invoices are to be sent directly to the requesting department.
Award Information
Description
7-1-2023 thru
6-30-2025
7-1-2025 thru
6-30-2027
7-1-2027 thru
6-30-2029
Fixed monthly fee for all
requested services
$ 5,750
$ 5,865
$ 6,000
Hourly rate for any
requested services beyond
the Scope of Work
$ 300
$ 300
$ 300
________________________________
Eric Kraenzle, C.P.M.
Procurement Officer
__________________________________
Michael Greene, C.P.M., CPPO
Procurement Administrator
All terms and conditions of this Award Document are per the City's Solicitation Document
THIS IS NOT A PURCHASE ORDER
REQUEST FOR PROPOSAL
RFP# 23-077
Benefits Consultant
RFP ISSUE DATE:
November 09, 2022
DEADLINE FOR INQUIRIES/QUESTIONS:
November 30, 2022 at 5:00 P.M. Local Arizona Time
RFP DUE DATE AND TIME:
December 16, 2022, 3:00 P.M. Local Arizona Time
ALL INQUIRIES MUST BE DIRECTED TO:
Eric Kraenzle, C.P.M. Procurement Officer
Eric_Kraenzle@Tempe.Gov
480-350-8548
SUBMITTAL LOCATION: Submit electronic proposals to Bids@tempe.gov
No hard copy proposals will be accepted at this time.
Table of Contents
General Instructions ..........................................................................................................................................3
Standard Terms and Conditions ........................................................................................................................ 8
Special Terms & Conditions and Instructions ................................................................................................... 17
Scope of Work ................................................................................................................................................. 20
Proposal Questionnaire ................................................................................................................................... 23
Evaluation Criteria ........................................................................................................................................... 27
Pricing Section ................................................................................................................................................ 28
Vendor’s Offer ................................................................................................................................................. 29
Anti-Discrimination Policy ................................................................................................................................ 30
Affidavit of Compliance with House Bill 2488 ................................................................................................... 32
Supplier Sustainability Questionnaire .............................................................................................................. 33
Checklist for Submittal ..................................................................................................................................... 35
Attachment A ................................................................................................................................................... 36
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General Instructions
Failure to follow these instructions may result in rejection of proposal for non-responsiveness or cancellation of any Contract
awarded.
1.
Preparation of Proposal:
A.
Proposals shall be submitted to the City of Tempe (“City”) in the sequence specified herein, on the forms
attached hereto, including Vendor’s Offer.
B.
All proposals shall be submitted on the forms provided in this Request for Proposal, signed by an authorized
signer, and returned with the proposal response to the City.
C.
Completed and signed proposal forms for offer, acceptance and any solicitation addendums shall be signed
by an authorized individual. Such proposal constitutes an irrevocable Offer to sell the good and/or service
specified herein. Offeror shall submit all additional data, documentation, or information as requested by
the City, signifying its intent to be bound by the terms of the Request for Proposal.
D.
Negligence in preparation of a proposal confers no right of withdrawal. Offeror is solely responsible for
seeking clarification of any requirement and presenting accurate information in the proposal response. The
City shall not reimburse any costs for a proposal, or its submission, presentation, or withdrawal, for any
reason. Failure to read, examine and understand the Solicitation and any of its addenda will not excuse
any failure to comply with the requirements of the Solicitation or any resulting contract, nor shall such failure
be a basis for claiming additional compensation.
E.
Offeror shall identify each subcontractor to be utilized in the services and/or work set forth herein, if
applicable.
2.
Definitions: For purposes of this Request for Proposal and resultant Contract, the following definitions apply:
A.
“City” means the municipal corporation of the City of Tempe, Arizona.
B.
“Code Governance” means unless otherwise specified herein, the provisions of the Tempe City Code,
Chapter 26A shall apply and govern this Request for Proposal.
C.
“Contract” means the agreement for the procurement of goods, equipment, materials, software,
maintenance, contracted services, professional services, or concessions.
D.
“Contractor” means an Offeror responding to a Request for Proposal who has been awarded a Contract
with the City.
E.
“Offer” means a written offer to furnish goods, equipment, materials, software, maintenance, contracted
services, professional services, or concessions to the City, in conformity with the standards, specifications,
delivery terms and conditions, and all other requirements established in a competitive solicitation.
F.
“Offeror” means a business, entity or person who submits an Offer in response to a competitive solicitation.
G.
“Public Record” means proposals and all other documents submitted in response to this solicitation shall
become the property of the City and shall be a matter of public record available for review following the
Contract award.
H.
“Purchase Order” means a document issued by the Procurement Office directing the Contractor to deliver
the goods, equipment, materials, software, maintenance, contracted services, professional services, or
concessions. to the City.
I.
“Request for Proposal” means a competitive solicitation issued by the City for the procurement of goods,
equipment, materials, software, maintenance, contracted services, professional services, or concessions.
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3.
Late, Unsigned and/or Incomplete Proposal: A late, unsigned and/or materially incomplete proposal will be
considered nonresponsive and rejected.
4.
Inquiries: Questions regarding this Request for Proposal shall be directed to the Procurement Officer identified on
the cover page of this document, unless another City contact is specifically named. Inquiries shall be submitted in
writing (preferably via e-mail), identifying the appropriate Request for Proposal’s number, page and paragraph at
issue. PLEASE NOTE: Offeror must not place the Request for Proposal’s number on the outside of an envelope
containing questions. Oral responses provided by the City shall have no binding effect or legal effect. Inquiries
should be submitted within the designated timeframe noted on the front page of the solicitation. Those questions
received after the designated date may be considered at the sole discretion of the Procurement Officer. The City
reserves the right to contact Offerors to obtain additional information for use in evaluating proposal and solicitation
requirements.
5.
Proposal Conference: If a proposal conference is scheduled, Offerors are strongly encouraged to attend to seek
clarification on any aspects of the documents that are not clear or questions that might pertain the specifications or
scope of work published. There are times when attendance at a proposal conference is mandatory and those
conferences shall be specially noted when applicable.
6.
Withdrawal of Proposal: At any time before the specified proposal due date and time, an Offeror may withdraw
its proposal by way of written correspondence from the Offeror or its authorized representative.
7.
Proposal Addenda: Receipt and acceptance of a Request for Proposal addendum shall be acknowledged by
signing and returning the document either with the vendor’s proposal response or by separate envelope prior to
proposal due date/time. Failure to sign and return an addendum prior to the proposal due date/time may result in
the proposal being considered nonresponsive to that portion of the Request for Proposal and may result in rejection.
For all addenda published, the City will send electronic notification to those companies who have downloaded the
solicitation from the City’s web site. If a company receives the solicitation via a third- party plan holder organization,
it will be the responsibility of the company to download the solicitation from the City’s web site to ensure that their
company is included on any forthcoming addenda notification.
8.
Compliance with City Solicitation Requirements: Unless stated otherwise in this Request for Proposal, the City
reserves the right to award by individual line item, by group of items, or as a total at the City’s discretion. The City
expressly reserves the right to waive any immaterial defect or informality, or reject any or all proposals, or portions
thereof, or reissue this Request for Proposal.
9.
Compliance of Proposal Offeror/Contractor Forms: Any documents or forms (including separate Contract,
maintenance agreement or training agreement) intended by the Offeror to be utilized in any resulting Contract, must
be submitted with proposal. Any documents inconsistent with or taking exception to the terms, conditions,
specifications and/or other requirements stated within this Request for Proposal may cause the proposal to be
considered as nonresponsive and rejected. No documents will be considered unless submitted with vendor’s
proposal Offer and approved by the Procurement Office.
10.
Responsiveness to Specifications: Performance or feature requirements which are designated as mandatory,
or minimums are needed in order to satisfy an identified task or performance need. A description is given for each
designated feature. This description shall be used to determine if the Offeror's proposed product(s) and/or
service(s) is/are capable of performing the function(s) specified in the Request for Proposal.
It is recognized that more than one method may be used to accomplish the sought-after task functionality.
If Offeror has an alternate method of performing functional tasks, then Offeror shall list such method as an
"alternate" and described in full detail within the proposal. The City shall be the sole judge as to whether any
alternate methodology will be accepted.
"Must", "shall", "will", "minimum", "required" and/or "mandatory" performance/feature statements must be met or
exceeded by the Offeror. Should no Offeror be found responsive to all designated Request for Proposal
requirements, the City at its option, may either award the Contract to the most responsive Offeror or cancel the
Request for Proposal and issue another Request for Proposal for the need under revised specifications.
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11.
Questionnaire: Offeror must complete the Questionnaire portion of this Request for Proposal and provide any
documentation required to support the answers. Questionnaire items, which are designated as mandatory, are
needed to satisfy a required task or performance criteria. Items, which may be listed as desirable, are not required
to be responsive to the Request for Proposal and will be relatively evaluated against other proposals in making a
final award decision.
If supporting documentation is required, Offeror shall provide the documentation in the sequence set forth in the
Request for Proposal and ensure all technical literature and/or narrative explanations fully address the specifics of
the question. Vague or disorganized responses that do not allow sufficient information for evaluation purposes may
result in rejection of a proposal.
12.
Clarifications and Negotiations with Offerors and Revisions to Proposal: Clarifications may be made with any
submitting firm at any time during the evaluation phase of this procurement. Clarifications are not negotiations and
may be utilized by the City to ensure thorough and complete understanding of, and responsiveness to, the
solicitation requirements. Negotiations may be conducted with responsible Offerors who submit proposals
determined to be reasonably susceptible of being selected for award. The purpose of negotiations is to allow the
City and the Offeror(s) to revise initial Offers through an exchange or series of exchanges. Should the City elect to
call for best and final offers, Offerors shall be accorded fair and equal treatment with respect to any opportunity for
negotiations and revision of proposals, and such revisions may be permitted after submissions and prior to award.
In conducting clarifications and negotiations there shall be no disclosure of any information derived from proposals
submitted by competing Offerors. The purposes of such negotiations shall include but not be limited to:
A.
Determine in greater detail such Offeror's qualifications;
B.
Explore with the Offeror the scope and nature of the project, the Offeror's proposed method of performance,
and the relative utility of alternate methods of approach;
C.
Determine that the Offeror will make available the necessary personnel and facilities to perform within the
required time; and
D.
Agree upon compensation, which is fair and reasonable, taking into account the estimated value of the
required services, and the scope, complexity, and nature of such services.
13.
Proposal Opening: Proposals shall be opened at the time and place designated on the cover page of this Request
for Proposals. The name of each Offeror and the identity of the Request for Proposal for which the proposal was
submitted shall be publicly read and recorded in the presence of witnesses. Proposals, modifications, and all other
information received in response to this Request for Proposal shall be shown only to City personnel having a
legitimate interest in its evaluation. Prices shall not be read. After Contract award, the proposals and the evaluation
documentation shall be open for public inspection, except where the City has determined that specific portions of
the proposal are confidential.
14.
Technical Proposal Opening: Technical proposals (as received in step one of a two-step bidding process) shall
be opened at the time and place designated on the cover page of this document. The name of each Offeror and
the identity of the Request for Proposal for which the proposal was submitted shall be publicly read and recorded
in the presence of witnesses. Proposals, modifications, and all other information received in response to this
Request for Proposal shall be shown only to City personnel having a legitimate interest in the evaluation. Evaluation
documentation to substantiate technical proposal selection(s) shall be open for public inspection.
15.
Proposal Evaluation and Award: The City shall determine whether a proposal meets the specifications and
requirements of this Request for Proposal, at its sole discretion, and reject any proposals not meeting the intent or
requirements set forth herein. Award(s) shall be made to the responsible Offeror whose proposal is determined in
writing to be the most advantageous to the City, taking into consideration the evaluation factors set forth in the
Request for Proposal. The City shall be the sole judge as to the acceptability of the products and/or services
offered. The City reserves the right to reject any and all proposals.
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16.
Award of Contract: A proposal shall constitute a binding Offer to Contract with the City based on the terms,
conditions and specifications contained in this Request for Proposal. An Offeror shall become a Contractor only
upon execution of a formal Contract from the Procurement Office. Unless this Request for Proposal includes
separate Contract document(s) or requires the Offeror to submit a Contract for review, a Contract shall be formed
when the Procurement Office provides a written notice of award or a purchase order to the successful Offeror. All
terms and conditions of the Contract are contained herein, unless modified by an amendment approved by the City.
Proposals that take exception to the terms, conditions, specifications and/or other requirements stated within this
Request for Proposal may cause the vendor’s Offer to be considered non-responsive and rejected. Exceptions will
be evaluated on an individual basis to determine compliance with the purpose and intent of the terms and conditions
stated within this solicitation. The City shall be the sole judge as to whether an exception complies with the general
purpose and intent of any term, condition and/or specification set forth herein.
17.
Proposal Results: Offerors may attend the scheduled proposal opening at which the name of each
Offeror will be publicly read. All other information contained in the proposals shall be kept confidential
until the Contract is awarded. After award of Contract, an appointment may be made with the Procurement
Officer to review proposal documents. Formal Contract award results shall be placed on the Procurement Office
web page (www.tempe.gov/procurement) and posted at the front counter of the Procurement Office at the time
the Contract award is approved by the City Council. Award recommendations may also be viewed via the
City Clerk’s web site normally up to five (5) days prior to the scheduled City Council meeting by visiting
(http://documents.tempe.gov/sirepub/?sort=meet_date .
18.
Protests: Any actual or prospective Offeror who is aggrieved in conjunction with this Request for Proposal or award
may protest the award to the Procurement Office. A protest based upon alleged improprieties in this Request for
Proposal that are apparent before the proposal opening shall be filed prior to the proposal due date/time. A protest
concerning an award recommendation must be filed within ten (10) business days after the date of award. Up to
five (5) days before award of a contract, the Procurement Office will post award recommendations on the City Clerks
website at (http://documents.tempe.gov/sirepub/?sort=meet_date) and at the Procurement Office front counter and
web site for public review (www.tempe.gov/procurement). A protest shall be in writing and include the protester’s
name, address and phone number, identification of the solicitation or Contract being protested, a detailed statement
of the legal and factual grounds of the protest, including copies of all relevant documents and the form of relief
requested. A protest is to be on the protester’s company letterhead and signed by the protestor or its authorized
representative.
19.
Delivery: All materials, equipment and/or products shall be delivered F.O.B. Destination to the City of Tempe Per
the location identified in the solicitation.
20.
Tax: Unless specified herein, sales, use or federal excise tax shall not be included in proposal pricing. The City is
exempt from payment of federal excise tax. For proposal evaluation, transaction (sales) privilege tax paid to the
City of Tempe (1.8%) is considered a pass-through cost, calculated as zero ($0) expense when comparing pricing
among competing companies that are not located in Tempe. For information on privilege (sales) tax, please contact
the City's Tax and License Office at (480) 350-2955 or visit their web site at salestax@tempe.gov
21.
Payment: For a single requirement purchase, the City will endeavor to remit payment within thirty (30) calendar
days from receipt and approval of acceptable products, materials and/or services and approval of correct invoice.
For ongoing term Contract purchases, the City will endeavor to remit payment within thirty (30) calendar days from
approval of invoice.
22.
Discounts:
Payment discounts periods shall be computed from the date of receipt of acceptable products,
materials and/or services or correct invoice, whichever is later to the date payment is mailed. Discounts shall be
taken on the full amount of the invoice, unless otherwise indicated. The City shall be entitled to receive any
discounts offered by Offeror if payment is made within the discount period.
23.
Payment by City Procurement Card: The Procurement Office may elect to remit payment through the use of a
City procurement card. Each Offeror may indicate on the Vendor’s Offer Page in this Request for Proposal its ability
to accept City procurement card payments. The inability to accept payment by City procurement card will not
disqualify a proposal.
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24.
Code Governance: Unless otherwise specified herein, the provisions of the Tempe City Code, Chapter 26A shall
apply and govern this Request for Proposal.
25.
Public Record: Proposals and all other documents submitted in response to this solicitation shall become the
property of the City and shall be a matter of Public Record available for review following the Contract award.
Material portions of the recommended Offer(s) as determined by the City may be posted to the City’s web site up
to five (5) days prior to the City Council meeting.
26.
Late Responses: The Offeror assumes responsibility for having the Proposal submitted on time via e-mail to the
address shown on the front page of this RFP. Any Offers received after the Solicitation Due Date and Time shall
not be considered and will be returned to the Offeror. The Offeror assumes the risk of any delay in the electronic
processing of the supplier’s e-mail through both parties (Supplier and City) networks. Offerors must allow adequate
time to ensure that the e-mail is timely received by the City at the designated e-mail address. All times referenced
are Tempe, Arizona local times. Respondents agree to accept the time and date that is recorded on the received
e-mail as the official time. Any e-mail submissions that are timed at 3:01 or later on the schedule due date will be
considered late and not considered. It is critical to not wait until the last minute to press the send button for
your submittal
27.
Copying Responses: The Offeror hereby grants the City permission to copy all parts of its Offer including, without
limitation, any documents and/or materials copyrighted by the Offeror. The City’s right to copy shall be for internal
use in the evaluating the Offers.
28.
Confidential Information and Public Record: After award of a Contract, proposals shall be available for public
inspection, except to the extent that the withholding of information is required or permitted by law. Pursuant to
A.R.S. § 35-214, and 41-1330 et seq., all records relating to the Request for Proposal and Contract shall be subject
to inspection at all reasonable times by the City for five (5) years after completion of the Contract. Such records
shall be produced by Bidder or Contractor at the time and place designated by the City.
A.
If a person believes that an offer or specification contains information that should be withheld as
confidential, a statement advising the procurement officer of this fact shall accompany the submission and
the information shall be so identified wherever it appears. A general statement of confidentiality that is not
appropriately referenced to a specific section of the RFP will not be sufficient to warrant protection by the
City. The confidential portion of the submission must be clearly noted with accompanying justification for
treating the section confidential. Failure of the vendor to appropriately designate confidential information
in this manner will relieve the City of any obligation to protect this information as confidential.
B.
The information identified by the person as confidential shall not be disclosed until the Procurement Office
makes a written determination pursuant to A.R.S. § 121, et seq.
C.
If the City determines to disclose the information, the Offeror shall be informed in writing of such
determination. Notwithstanding the foregoing, following an award of Contract, all proposal response
information shall be available for public inspection.
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Standard Terms and Conditions
Please note that these Standard Terms & Conditions shall be fully complied with by Offeror. Failure to comply with these
requirements may result in rejection of a proposal for non-responsiveness, or cancellation or termination of any awarded
Contract.
1.
Applicable Law: This Contract shall be governed by, and the City and Contractor shall have all remedies
afforded each by the Uniform Commercial Code as adopted in the State of Arizona, except as otherwise provided
in this Request for Proposal and resultant Contract, and all statutes, or ordinances pertaining specifically to the
City. This Contract shall be governed by State of Arizona law and suits pertaining to this Contract may only be
brought in courts located in Maricopa County, Arizona.
2.
Arizona Climate Action Compliance: Offeror shall comply with all applicable standards, laws, rules, orders,
and regulations issued pursuant to A.R.S. §49-101, et seq., including but not limited to, Arizona Executive Orders
Nos. 2006-13, 2005-02, and 2010-14 with regard to reducing GHG emissions, increasing energy efficiency,
conserving natural resources and developing renewable energy sources.
3.
Availability of Funds for the Next Fiscal Year: The City's obligation for performance of the Contract is
contingent upon the availability of City, state and federal funds that are allocated or appropriated for payment
obligations of the Contract. If funds are not allocated by the City or available for the continued use or purchase
of services, work and/or materials set forth herein, the City may terminate the Contract. The City will use
reasonable efforts to notify Contractor of such non-allocation affecting the obligations of the Contractor and/or
City. The City shall not be penalized or adversely affected for exercise of its termination rights. Further, the City
shall in no way be obligated or liable for additional payments or other damages as a result of such termination.
No legal liability on the part of the City for any payment may arise for performance under this Contract.
4.
Certification: By signing the “Vendor’s Offer”, the Offeror certifies:
A.
The submission of the vendor’s proposal Offer response did not involve collusion or other anti-competitive
practices.
B.
Offeror agrees that it will comply with section 2-603(5) of the Tempe City Code (“TCC”) and will not refuse
to hire or employ or bar or discharge from employment any person or discriminate against such person
in compensation, conditions, or privileges of employment because of race, color, gender, gender identity,
sexual orientation, religion, national origin, familial status, age, disability, or United States military veteran
status. Offeror further agrees to provide a copy of its antidiscrimination policy to the Procurement Officer
to demonstrate compliance with TCC section 2-603(5) or attest in writing to its compliance in accordance
with the attached Affidavit of Compliance.
C.
Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity,
future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in
connection with the submitted Offer. Failure to sign the “Vendor’s Offer” or signing it with a false
statement shall void the submitted proposal and any resulting Contract. In addition, the Offeror may be
barred from future proposal and bidding participation with the City and may be subject to such further
actions as permitted by law.
D.
The Offeror agrees to promote and offer to the City only those materials and/or services as stated and
allowed by this Request for Proposal and resultant Contract award. Violation of this condition shall be
grounds for Contract termination by the City.
E.
The Offeror expressly warrants that it has and will continue to comply in all respects with Arizona law
concerning employment practices and working conditions, pursuant to A.R.S. § 23-211, et seq., and all
laws, regulations, requirements, and duties relating thereto. Offeror further warrants that to the extent
permitted by law; it will fully indemnify the City for any and all losses arising from or relating to any violation
thereof.
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F.
Contractor agrees and covenants that it will comply with any and all applicable governmental restrictions,
regulations and rules of duly constituted authorities having jurisdiction insofar as the performance of the
work and services pursuant to the Contract, and all applicable safety and employment laws, rules and
regulations, including but not limited to, the Fair Labor Standards Act, the Walsh-Healey Act, and the Legal
Arizona Workers Act (LAWA), and all amendments thereto, along with all attendant laws, rules and
regulations. Contractor acknowledges that a breach of this warranty is a material breach of this Contract
and Contractor is subject to penalties for violation(s) of this provision, including termination of this Contract.
City retains the right to inspect the documents of any and all contractors, subcontractors and sub-
subcontractors performing work and/or services relating to the Contract to ensure compliance with this
warranty. Any and all costs associated with City inspection are the sole responsibility of Contractor.
Contractor hereby agrees to indemnify, defend, and hold City harmless for, from and against all losses
and liabilities arising from any and all violations thereof.
G.
If Contractor engages in for-profit activity and has 10 or more employees, and if this Agreement has a
value of $100,000 or more, Contractor certifies it is not currently engaged in, and agrees for the duration
of this Agreement to not engage in, a boycott of goods or services from Israel. This certification does not
apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. §
4842. Unless and until the U.S. District Court, District of Arizona’s injunction is lifted, A.R.S. § 35-393.01
is unenforceable.
H.
Compliance with A.R.S. § 35-394. Contractor hereby certifies that it does not currently, and agrees for the
duration of this Agreement, that Contractor will not, use: 1. The forced labor of ethnic Uyghurs in the
People’s Republic of China; 2. Any goods or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China; or 3. Any contractors, subcontractors or suppliers that use the forced labor
or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
Contractor hereby agrees to indemnify and hold harmless the Customer, its officials, employees, and
agents from any claims or causes of action relating to the Customer’s action based upon reliance upon
this representation, including the payment of all costs and attorney fees incurred by the Customer in
defending such as action. Curing the term of agreement, Contractor shall alert the City within 5 days after
becoming aware of its noncompliance with this statute and cure any noncompliance within 180 days after
initial notification of noncompliance. Failure to cure in accordance with the provisions of this statute shall
result in contract termination.
5.
Commencement of Work: Contractor is cautioned not to commence any work or provide any materials or
services under the Contract until and unless Contractor receives a purchase order, Notice to Proceed, or is
otherwise directed in writing to do so, by the City.
6.
Confidentiality of Records: The Contractor shall establish and maintain procedures and controls that are
acceptable to the City for the purpose of assuring that no information contained in its records or obtained from the
City or from others in carrying out its functions under the Contract shall be used by or disclosed by it, its agents,
officers, or employees, except as required to efficiently perform duties under the Contract. Persons requesting
such information should be referred to the City. Contractor also agrees that any information pertaining to individual
persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of
duties under the Contract, unless otherwise agreed to in writing by the City.
7.
Termination for Conflict of Interest: This Contract is subject to the cancellation provisions of A.R.S. § 38-511.
The City may cancel this Contract within three (3) years after its execution, without penalty or further obligation, if
any person significantly involved in initiating, securing, drafting, or creating the Contract for the City becomes an
employee or agent of the Contractor.
8.
Contract Formation: This Contract shall consist of this Request for Proposal and the vendor’s proposal Offer
submitted, as may be found responsive and approved by the City. In the event of a conflict in language between
the documents, the provisions of the City’s Request for Proposal shall govern. The City’s Request for Proposal
shall govern in all other matters not otherwise specified by the Contract between the parties. All previous contracts
between the Offeror and the City are not applicable to this Contract or other resultant contracts. Any contracted
vendor documents that conflict with the language and requirements of the City's solicitation are not acceptable and
void the Contract.
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9.
Contract Modifications: This Request for Proposal and resultant Contact may only be modified by a written
Contract modification issued by the Procurement Office and counter-signed by the Contractor. Contractors are
not authorized to modify any portion of this solicitation or resulting Contract without the written approval of the
Procurement Office and issuance of an official modification notice.
10.
Contract Administration: Contractor must notify the designated Procurement Officer from the Procurement
Office for guidance or direction on matters of Contract interpretation or problems regarding the terms, conditions,
or scope of this Contract. The Contract shall contain the entire agreement between the City and the Contractor
and the Contract shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase
orders or master agreements in any form.
11.
Cooperative Use of Contract: Any Contract resulting from this solicitation shall be for the use of the City of Tempe.
In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the
City of Tempe’s Department of Procurement are eligible to participate in any subsequent Contract. Additionally, this
Contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative.
See http://www.mesaaz.gov/business/purchasing/save for a listing of participating agencies. The parties agree that
these lists are subject to change. Any such usage by other municipalities and government agencies must be in
accord with the ordinance, charter and/or rules and regulations of the respective political entity.
Any orders placed to, or services required from, the successful Contractor(s) will be requested by each participating
agency. Payment for purchases made under this agreement will be the sole responsibility of each participating
agency. The City shall not be responsible for any disputes arising out of transactions made by others. Contractor
shall be responsible for correctly administering this Contract in accordance with all terms, conditions, requirements,
and approved pricing to any eligible procurement unit.
12.
Dispute Resolution: This Contract is subject to arbitration to the extent required by law. If arbitration is not
required by law, the City and the Contractor agree to negotiate with each other in good faith to resolve any
disputes arising out of the Contract. In the event of any legal action or proceeding arising out of this Contract,
the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred with said fees
and costs to be included in any judgment rendered.
13.
Energy Efficient Products: The City may consider energy conservation factors including costs in the evaluation
of equipment and product purchases for the purpose of obtaining energy efficient products. In addition, vendor
proposal Offers may specify items that have been given an energy efficient classification by the federal
government for consideration by the City.
14.
Billing: All invoices submitted by Contractor for the City's review and approval shall be in itemized form to identify
the specific item(s) being billed. Items must be identified by the name, model number, and/or serial number most
applicable along with the correct unit cost. Any purchase/delivery order issued by the City shall refer to the
Contract number resulting from this Request for Proposal. Separate invoices are required on individual contracts
or purchase orders. Only invoices with items resulting from this Request for Proposal will be accepted for review
and approval by the City.
15.
Estimated Quantities: This Request for Proposal references quantities as a general indication of the City’s needs.
The City anticipates considerable activity resulting from Contracts that will be awarded as a result of this Request
for Proposal; however, the quantities shown are estimates only and the City reserves the right to increase or
decrease any quantities actually acquired, in its sole discretion. No commitment of any kind is made concerning
quantities and Offeror hereby acknowledges and accepts same.
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16.
Events of Default and Termination:
A.
In the event a party is in default then the other party may, at its option and at any time, provide written
notice to the defaulting party of the default. The defaulting party will have thirty (30) days from the receipt
of the written notice to cure the default; the thirty (30) day cure period may be extended by mutual
agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed
to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default.
Failure of the non-defaulting party to provide written notice of the default does not waive any rights under
the Agreement. The occurrence of any one or more of the following events shall constitute a material
breach of and default under the Contract.
i)
Any failure by Contractor to pay funds or furnish materials, services and/or goods that fail to
conform to any requirement of this Contract or provide personnel that do not meet Contract
requirements;
ii)
Any party’s failure to observe, perform or undertake any provision, covenant or condition of this
Contract to be observed or performed by Contractor or City herein, including but not limited to
failing to submit any report required herein;
iii)
Any failure to make progress in the performance required pursuant to the Contract and/or gives
either party reason to believe that the other party cannot or will not perform to the requirements of
the Contract; or,
iv)
Any failure of Contractor to commence construction, work or services within the time specified
herein, and to diligently undertake Contractor’s work to completion.
B.
In the event the default has not been corrected to the non-defaulting party’s satisfaction within the cure
time specified, the non-defaulting party, at its option and in addition to any other remedies available by law
or in equity, without further notice or demand of any kind to Contractor, may do the following:
i)
Terminate the Contract;
ii)
Pursue and/or reserve any and all rights for claims to damages for breach or default of the
Contract; and/or,
iii)
Recover any and all monies due from Contractor, including but not limited to, the detriment
proximately caused by Contractor’s failure to perform its obligations under the Contract, or which
in the ordinary course would likely result therefrom, including, any and all costs and expenses
incurred by the City in: (a) maintaining, repairing, altering and/or preserving the premises (if any)
of the project; (b) costs incurred in selecting and retaining a substitute Contractor for the purchase
of services, materials and/or work; and/or (c) attorneys’ fees and costs in pursuing any remedies
under the Contract and/or arising therefrom.
C.
The exercise of any one of the City’s remedies as set forth herein shall not preclude subsequent or
concurrent exercise of further or additional remedies. In addition, the City shall be entitled to terminate
this Contract at any time, in its discretion. The City may terminate this Contract for default, non-
performance, breach or convenience, or pursuant to A.R.S. § 38-511, or abandon any portion of the project
for which services have not been fully and/or properly performed by the Contractor.
D.
Termination shall be commenced by delivery of written notice to Contractor by the City personally or by
certified mail, return receipt requested. Upon notice of termination, Contractor shall immediately stop all
work, services and/or shipment of goods hereunder and cause its suppliers and/or subcontractors to cease
work pursuant to the Contract. Contractor shall not be paid for work or services performed or costs
incurred after receipt of notice of termination, nor for any costs incurred that Contractor could reasonably
have avoided.
E.
The City, in its sole discretion, may terminate or reduce the scope of this Contract if available funding is
reduced for any reason.
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F.
Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may
demand that Contractor give a written assurance of its intent and ability to perform. In the event that the
demand is made, and no written assurance is given within the time period required, the City may treat this
failure as an anticipatory repudiation of the Agreement.
17.
Termination for Convenience: The City at its sole discretion may terminate this Contract for convenience with thirty
(30) days advance notice to Contractor. Contractor shall be reimbursed for all appropriate costs as provided for within
the Contract up to the termination date specified.
18.
Force Majeure:
A.
Except for payment of sums due, neither party shall be liable to the other nor deemed in default under the
Contract only in the event that and to the extent that such party’s performance of the Contract is prevented
by reason of force majeure. Force majeure means an occurrence that is beyond the control of the party
affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes
acts of God, acts of the public enemy, war, riots, mobilization, labor disputes, civil disorders, fire, floods,
lockouts, injunctions, failures or refusal to act by government authority, and other similar occurrences
beyond the control of the party declaring force majeure which such party is unable to prevent by exercising
reasonable diligence.
B.
Force majeure shall not include the following occurrences:
i)
Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or
elsewhere, an oversold condition of the market, inefficiencies, or similar occurrences.
ii)
Late performance by a subcontractor.
C.
If either party is delayed at any time in the progress of the work by force majeure, then the delayed party
shall notify the other party in writing of such delay within forty-eight (48) hours of the commencement thereof
and shall specify the causes of such delay in the notice. Such notice shall be hand delivered or sent via
certified mail and shall make a specific reference to this clause, thereby invoking its provisions. The delayed
party shall cause such delay to cease as soon as practicable and shall notify the other party in writing by
hand delivery or certified mail when it has done so. The time of completion shall be extended by Contract
modification for a period of time equal to the time that the results or effects of such delay prevent the delayed
party from performing in accordance with the Contract.
19.
Gratuities: The City may elect to terminate any resultant Contract, if it is found that gratuities in any form were
offered or given by the Contractor or agent thereof, to any employee of the City or member of a City evaluation
committee with a view toward securing an order, securing favorable treatment with respect to awarding, amending
or making of any determinations with respect to performing such order.
20.
Indemnification: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless
the City, its agents, officer, officials, and employees from and against all claims, damages, losses and expenses
(including but not limited to attorney's fees, court costs, and the costs of appellate proceedings), arising out of, or
alleged to have resulted from the acts, errors, mistakes, omissions, work, services, or professional services of the
Contractor, its agents, employees, or any other person (not the City) for whose acts, errors, mistakes, omissions, work,
services, or professional services the Contractor may be legally liable in the performance of this Contract. Contractor’s
duty to hold harmless and indemnify the City, its agents, officers, officials and employees shall arise in connection with
any claim for damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of any person or property, including loss of use resulting from, or caused by any acts, errors,
mistakes, omissions, work, services, or professional services in the performance of this Contract by Contractor or any
employee of the Contractor or any other person (not the City) for whose acts, errors, mistakes, omissions, work, or
services the Contractor may be legally liable. The amount and type of insurance coverage requirement set forth herein
will in no way be construed as limiting the scope of indemnity in this paragraph. This provision shall survive the term
of this Contract.
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21.
Interpretation of Parole Evidence: This Contract is intended as a final expression of the agreement between the
parties and as a complete and exclusive statement of the Contract, unless the signing of a subsequent Contract is
specifically called for in this Request for Proposal. No course of prior dealings between the parties and no usage
of the trade shall be relevant to supplement or explain any term used in the Contract. Acceptance or acquiescence
in a course of performance rendered under this Contract shall not be relevant to determine the meaning of the
Contract, even though the accepting or acquiescing party has knowledge of the nature of the performance and
opportunity to object.
22.
Key Personnel: Contractor shall provide adequate experienced personnel, capable of and devoted to the
successful accomplishment of work to be performed under this Contract during the Contract term and any renewal
periods. The Contractor must agree to assign specific individuals to the key positions.
A.
The Contractor agrees that, once assigned to work under this Contract, key personnel shall not be removed
or replaced without prior written notice to the City.
B.
If key personnel are not available for work under this Contract for a continuous period exceeding thirty (30)
calendar days or are expected to devote substantially less effort to the work than initially anticipated, the
Contractor shall immediately notify the City, and shall replace each person with personnel of substantially
equal ability and qualifications upon prior City approval.
23.
Licenses and Permits: Contractor shall maintain in current status and at its sole expense, all federal, state and
local licenses and permits required for the operation of the business conducted by the Contractor and the provision
of the services to be provided under the Contract.
24.
No Assignment: No right or interest in this Contract shall be assigned by Contractor and no delegation of any
duty of Contractor shall be made without prior written permission of the City, which consent may be granted or
withheld in City’s unfettered discretion.
25.
Notices: All notices, requests, demands, consents, approvals, and other communications which may or are
required to be served or given hereunder (for the purposes of this provision collectively called "Notices"), shall be
in writing and shall be hand delivered or sent by registered or certified United States mail, return receipt requested,
postage prepaid, addressed to the party or parties to receive such notice as follows:
City of Tempe Procurement Office
Attn: Procurement Officer
20 E. 6th Street (Second Floor)
PO Box 5002
Tempe, Arizona 85280
[Contractor’s Name]
[Attn of Offeror Named in Contract]
[Address]
Or to such other address as either party may from time to time furnish in writing to the other by notice hereunder.
26.
No Waiver: No breach of default hereunder shall be deemed to have been waived by the City, except by written
instrument to that effect signed by an authorized agent of the City. No waiver of any such breach or default shall
operate as a waiver of any other succeeding or preceding breach or default or as a waiver of that breach or default
after demand by the City for strict performance of this Contract. Acceptance of partial or delinquent payments or
performance shall not constitute the waiver of any right of the City. Acceptance by the City for any materials shall
not bind the City to accept remaining materials, future shipments or deprive the City of the right to return materials
already accepted. Acceptance by the City of delinquent or late delivery shall not constitute a waiver of a later claim
for damages and/or bind the City for future or subsequent deliveries.
27.
Overcharges by Antitrust Violations: The City maintains that, in actual practice, overcharges resulting from
antitrust violations are borne by the City. Therefore, to the extent permitted by law, the Contractor hereby assigns
to the City any and all claims for such overcharges as to the goods and/or services used to fulfill the Contract.
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28.
Performance Standards: Equipment shall operate in accordance with the performance criteria specified in the
Request for Proposal, including the manufacturer's published specifications applicable to the equipment involved.
Equipment is expected to be available for productive use, as provided in the procurement documents.
Penalties and/or bonuses applicable to equipment and system performance, if any, shall be calculated as specified
in the Request for Proposal.
29.
Preparation of Specifications by Persons Other Than City Personnel: No person preparing specifications for
this Request for Proposal shall receive any direct or indirect benefit from the use of these specifications.
30.
Procurement of Recycled Materials: If the price of recycled material that conforms to specifications is within five
percent (5%) of the lower priced material that is not recycled and the recycled Offeror is otherwise the lowest
responsive and responsible Offeror, the proposal containing recycled material shall be considered more
advantageous; provided the item(s) to be obtained contains at least the minimum amount of recycled content
material as defined in the City’s solicitation and sufficient funds have been budgeted for the purchase.
31.
Provisions by Law: Each and every provision of law and any clause required by law to be in this Contract will be
read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not
inserted, or is not correctly inserted, then upon the application of either party the Contract will forthwith be physically
amended to make such insertion or correction.
32.
Public Record: After award of Contract, proposal responses shall be considered Public Record and open for public
inspection except to the extent the withholding of information is permitted or required by law. If an Offeror believes
a specific section of its proposal response is confidential, the Offeror shall mark the page(s) confidential and isolate
the pages marked confidential in a specific and clearly labeled section of its proposal response. The Offeror shall
include a written statement as to the basis for considering the marked pages confidential and the Procurement
Office will review the material and make a determination, pursuant to A.R.S. §§ 39-121, et seq., and 41-151, et seq.
A general statement of confidentiality (boiler plate statement) that is not appropriately referenced to a specific
section of the RFP will not be sufficient to warrant protection by the City. The confidential portion of the submission
must be clearly noted with accompanying justification for treating the section confidential. Failure of the vendor to
appropriately designate confidential information in this manner will relieve the City of any obligation to protect this
information as confidential.
33.
Records: Pursuant to provisions of Title 35, Chapter 1, Article 6 Arizona Revised Statutes §§ 35-214 and 36-215,
Contractor shall retain, and shall contractually require each subcontractor to retain, all books, accounts, reports,
files and other records relating to the acquisition and performance of the Contract for a period of five (5) years after
the completion of the Contract. All such documents shall be subject to inspection and audit at reasonable times.
Upon request, a legible copy of any or all such documents shall be produced at the offices of the City Attorney or
Procurement Office.
34.
Relationship of Parties: It is clearly understood that each party to this Contract will act in its individual capacity
and not as an agent, employee, partner, joint venture, or associate of the other party. The Contractor is an
independent Contractor and shall be solely responsible for any unemployment or disability insurance payments, or
any social security, income tax or other withholdings, deductions or payments that may be required by federal, state
or local law with respect to any compensation paid to the Offeror. An employee or agent of one party shall not be
an employee or agent of the other party for any purpose whatsoever.
35.
Rights and Remedies: No provisions of this Request for Proposal or in the proposal shall be construed, expressly
or by implication, as a waiver by the City of any existing or future right and/or remedy available by law in the event
of any claim of default or breach of Contract. The failure of the City to insist upon strict performance of any term or
condition of the Contract or to exercise or delay the exercise of any right or remedy provided in the Contract, or by
law, shall not release the Contractor from any responsibilities or obligations imposed by the Contract or by law, and
shall not be deemed a waiver of any right of the City to insist upon the strict performance of the Contract.
36.
Safety Standards: All items supplied on this Contract must comply with the current applicable Occupational Safety
and Health Standards of the State of Arizona Industrial Commission, the National Electric Code and the National
Fire Protection Association Standards.
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37.
Serial Numbers: Proposals shall include equipment on which the original manufacturer's serial number has not
been altered in any way. The City reserves the right to reject any and all equipment.
38.
Severability: The provisions of this Contract are severable to the extent that any provision or application held to
be invalid shall not affect any other provision or application of the Contract which may remain in effect without the
invalid provision or application.
39.
Specially Designated Nationals and Blocked Persons List: Contractor represents and warrants to the City that
neither Contractor nor any affiliate or representative of Contractor:
A.
Is listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of
Foreign Asset Control, Department of the Treasury (OFAC) pursuant to Executive Order no. 13224, 66 Fed.
Reg. 49079 (“Order”);
B.
Is listed on any other list of terrorists or terrorist organizations maintained pursuant to the Order, the rules
and regulations of OFAC or any other applicable requirements contained in any enabling legislation or other
related Order(s);
C.
Is engaged in activities prohibited in the Order; or,
D.
Has been convicted, pleaded nolo contendre, indicted, arraigned or custodially detained on charges
involving money laundering or predicate crimes to money laundering.
40.
Time of the Essence: Time is and shall be of the essence in this Contract. If the delivery date(s) specified herein
cannot be met, Contractor shall notify the City using an acknowledgment of receipt of order and intent to perform
without delay, for instruction. The City reserves the right to terminate this Contract and to hold Contractor liable for
any cost of cover, excess cost(s) or damage(s) incurred as a result of delay.
41.
Unauthorized Firearms & Explosives: No person conducting business on City property is to carry a firearm or
explosive of any type. All Offerors, Contractors and subcontractors shall honor this requirement at all times and
failure to honor this requirement shall result in Contract termination and additional penalties. This requirement also
applies to any and all persons, including those who maintain a concealed weapons permit. In addition to Contract
termination, anyone carrying a firearm or explosive device will be subject to further legal action.
42.
Warranties: Contractor expressly warrants that all materials and/or goods delivered under the Contract shall
conform to the specifications of this Contract and be merchantable and free from defects in material and
workmanship, and of the quality, size and dimensions specified herein. This express warranty shall not be waived
by way of acceptance or payment by the City, or otherwise. Contractor expressly warrants the following:
A.
All workmanship shall be finest and first-class;
B.
All materials and goods utilized shall be new and of the highest suitable grade for its purpose; and
C.
All services will be performed in a good and workmanlike manner. Contractor’s warranties shall survive
inspection, acceptance and/or payment by the City, and shall apply to the City, its successors, agents and
assigns.
The Contractor agrees to make good by replacement and/or repair, at its sole expense and at no cost to the City,
any defects in materials or workmanship which may appear during the period ending on a date twelve (12) months
after acceptance by the City, unless otherwise specified herein. Should Contractor fail to perform said replacement
and/or repair to City’s satisfaction within a reasonable period of time, City may correct or replace said defective or
nonconforming materials and recover the costs thereof from Contractor. This warranty shall not operate to reduce
the statute of limitations period for breach of contract actions or otherwise or reduce or eliminate any legal or
equitable remedies.
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43.
Work for Hire and Ownership of Deliverables: Contractor hereby agrees and covenants that all the results and
proceeds of Contractor’s work and/or services for the Project specified herein, for Contractor and all of its agents,
employees, officers and subcontractors, shall be owned by the City, including the copyright thereto, as work for
hire. In the event, for any reason such results and proceeds are not deemed work for hire, Contractor agrees and
covenants that it shall be deemed to have assigned to the City all of its right, title and interests in such results,
proceeds and content to the City, without limitation. Contractor agrees to indemnify and hold the City harmless
from and against all claims, liability, losses, damages and expenses, including without limitation, legal fees and
costs, arising from or due to any actual or claimed trademark, patent or copyright infringement and any litigation
based thereon, with respect to any work, services and/or materials contemplated in this Contract. Contractor agrees
to pay to defend any and all such actions brought against the City. Contractor’s obligations hereunder shall survive
acceptance by the City of all covenants herein as well as the term of the Contract itself.
44.
Non-exclusive Contract: Any Contract resulting from this Request for Proposal shall be awarded with the
understanding and agreement that it is non-exclusive and entered into for the sole convenience of the City. The
City reserves the right to obtain like goods or services from another source.
45.
Ordering Process: Upon award of a Contract by the Procurement Office, the City may procure the specific material
and/or service awarded by the issuance of a purchase order to the appropriate Contractor. Each purchase order
must cite the correct Contract number. Such purchase order is required for the City to order and the Contractor to
deliver the material and/or service.
46.
Shipping Terms: Prices shall be F.O.B. Destination to the delivery location(s) designated herein. Contractor shall
retain title and control of all goods until they are delivered, and the Contract of coverage has been completed. All
risk of transportation and all related charges shall be the responsibility of the Contractor. The City will notify the
Contractor promptly of any damaged materials and shall assist the Contractor in arranging for inspection.
Shipments under reservation are prohibited. No tender of a bill of lading shall operate as a tender of the materials.
47.
Delegated Awards: In the event this Contract is administratively awarded via delegated authority as provided for
in Section 26A-5 of the Procurement Ordinance, the Contractor acknowledges that a final Contract with the City of
Tempe requires City Council approval and possibly the signature of the Mayor. Should this Contract be rejected by
the City Council, Contractor agrees that it is immediately void and unenforceable against any party. The awarded
firm(s) will be compensated only for any and all costs incurred up to the date of notification of such termination.
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Special Terms & Conditions and Instructions
Proposals taking exception to Special Terms & Conditions and Instructions stated within this Request for Proposal may
cause the Proposal to be considered nonresponsive and rejected.
1.
City Procurement Document: This Request for Proposal is issued by the City. No alteration of any portion of this
Request for Proposal by an Offeror is permitted and any attempt to do so shall result in vendor’s proposal Offer
being considered nonresponsive and rejected. No alteration of any portion of a resultant Contract is permitted
without the written approval of the Procurement Office and any attempt to do so shall be considered a breach of the
Contract. Any such action is subject to the legal and contractual remedies available to the City inclusive of, but not
limited to, Contract termination and/or suspension of the Contractor.
2.
Offer Acceptance Period: To allow for an adequate evaluation, the City requires the vendor’s proposal Offer in
response to this Request for Proposal to be valid and irrevocable for 120 days after the proposal due time and date.
3.
Contract Type: Firm fixed price, Term, definite quantity.
4.
Term of Contract: The term of the Contract shall commence on the date of award and shall continue for a period
of two (2) years thereafter, unless terminated, canceled or extended as otherwise provided herein.
5.
Contract Renewal: The City reserves the right to unilaterally extend the period of any resultant Contract for ninety
(90) days beyond the stated term. In addition, the City at its option may renew for supplemental terms of up to a
maximum of four (4) additional years. The period for any single renewal increment shall be determined by the
Procurement Office. Such increment shall not be for more than a period of two (2) year each, unless the City is
eligible to obtain a significant cost and/or supply advantage by a longer Contract renewal period.
6.
Insurance:
A.
Insurance Required: Prior to commencing services under this Contract, Contractor shall procure and
maintain for the duration of the Contract insurance against claims for injuries (including death) to persons
and damages to property, which may arise from or in connection with the performance of the work
hereunder by the Contractor, its agents, representatives, employees, subcontractors, or sub-
subcontractors. For Offerors with self-insurance, proof of self-insurance with minimum limits expressed
below must be submitted on proper forms for evaluation prior to award of Contract.
A Contract Award Notice or Purchase Order will not be issued to the Contractor until receipt of all required
insurance documents by the Procurement Office with such documents meeting all requirements herein. In
addition, before any Contract renewal, all required insurance must be on file with the Procurement Office.
Contractor must submit required insurance within ten (10) calendar days after request by the Procurement
Office or the award may be rescinded, and another Offeror selected for award.
B.
Minimum Limits of Coverage: Without limiting any obligations or liabilities, the Contractor, at its sole
expense, shall purchase and maintain the minimum insurance specified below with companies duly
licensed or otherwise approved by the State of Arizona, Department of Insurance and with forms
satisfactory to the City. Each insurer shall have a current A.M. Best Company, Inc., rating of not less than
A-VII. Use of alternative insurers requires prior approval from the City.
i.
Minimum Limits of Insurance. Contractor shall maintain the following minimum limits:
a.
Commercial General Liability
Commercial general liability insurance limit of not less than $1,000,000 for each occurrence, with
a $2,000,000 general aggregate limit. The general aggregate limit shall apply separately to the
services under this Contract, or the general aggregate shall be twice the required per occurrence
limit. The policy shall be primary and include coverage for bodily injury, property damage, personal
injury, products, completed operations, and blanket contractual coverage, including but not limited
to the liability assumed under the indemnification provisions of this Contract which coverage will be
at least as broad as Insurance Service Office policy form CG0001 or its equivalent.
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In the event the general liability policy is written on a "claims made" basis, coverage shall extend
for two (2) years past completion and acceptance of the services as evidenced by annual
certificates of insurance. In addition, the retro date shall be no later than the start date of the
contract. The retro date shall be disclosed on the certificate of insurance.
Such policy shall contain a "severability of interests" provision.
b.
Worker’s Compensation
The Contractor shall carry worker’s compensation insurance to cover obligations imposed by
federal and state statutes having jurisdiction of Contractor employees engaged in the performance
of services; and employer’s liability insurance of not less than $100,000 for each accident, $100,000
disease for each employee and $500,000 disease policy limit.
In cases when services are subcontracted, the Contractor will require the subcontractor to provide
worker’s compensation and employer’s liability to at least the same extent as provided by
Contractor.
c.
Automobile Liability
Commercial business automobile liability insurance with a combined single life or bodily injury and
property damages of not less than $1,000,000 per accident regarding any owned, hired, and non-
owned vehicles assigned to or used in performance of the Contractor services. Coverage will be
at least as broad as coverage Code 1 "any auto". Insurance Service Office policy form CA0001
Y87 or any replacements thereof. Such coverage shall include coverage for loading and unloading
hazards.
C.
Additional Insured: The insurance coverage, except for workers compensation and professional liability
coverage, required by this Contract, shall name the City, its agents, representatives, directors, officials,
employees, and officers, as additional insureds, and shall specify that insurance afforded the Contractor
shall be primary insurance. The additional insured wording on the commercial general liability policy will
be at least as broad as Insurance Services Office policy forms CG2010 04/13 edition and CG2037 04/13
edition or their equivalent. The additional insured wording on the automobile liability policy will be at least
as broad as Insurance Services Office policy form CA 20 48 or its equivalent. This provision and the naming
of the city as an additional insured shall in no way be construed as giving rise to responsibility or liability of
the City for applicable deductible amounts under such policy(s).
D.
Coverage Term: All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily completed and formally
accepted by the City. Failure to do so shall constitute a material breach of this Contract.
E.
Primary Coverage: Contractor’s insurance shall be primary insurance to the City, and any insurance or
self-insurance maintained by the City shall not contribute to it.
F.
Claim Reporting: Any failure to comply with the claim reporting provisions of the policies or any breach of
a policy warranty shall not affect coverage afforded under the policy to protect the City.
G.
Waiver: The policies, including workers’ compensation, shall contain a waiver of transfer rights of recovery
(subrogation) against the City, its agents, representatives, directors, officers, and employees for any claims
arising out of the work or services of the Contractor.
H.
Deductible/Retention: The policies may provide coverage which contain deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall be disclosed by the contractor and shall
not be applicable with respect to the coverage provided to the City under such policies. Contractor shall
be solely responsible for deductible and/or self-insurance retention and the City, at its option, may require
Contractor to secure the payment of such deductible or self-insured retentions by a surety bond or an
irrevocable and unconditional letter of credit.
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I.
Certificates of Insurance: Prior to commencing work or services under this Contract, Contractor shall
furnish the City with certificates of insurance, or formal endorsements as required by the Contract, issued
by the Contractor’s insurer(s), as evidence that policies providing the required coverages, conditions, and
limits required by this Contract are in full force and effect. Such certificates shall identify this Contract
number or name and shall provide for not less than thirty (30) days advance notice of cancellation,
termination, or material alteration. Such certificates shall be sent directly to: Contract Administrator, City of
Tempe, P. O. Box 5002, Tempe, AZ 85280.
J.
Copies of Policies: The City reserves the right to request and to receive, within ten (10) working days,
certified copies of any or all of the above policies and/or endorsements. The City shall not be obligated,
however, to review same or to advise Contractor of any deficiencies in such policies and endorsements,
and such receipt shall not relieve Contractor from, or be deemed a waiver of, the City’s right to insist on
strict fulfillment of Contractor’s obligations under this Contract.
7.
Payments - After Monthly Statement: Payment in full shall be made to the Contractor within thirty (30) days after
receipt and approval of monthly itemized statement, unless terms other than net thirty (30) days are offered as a
discount, at the City’s sole discretion.
8.
Contract Submittal: Offeror is to furnish a copy of its proposed Contract with its proposal response. Contractual
considerations are an important evaluation factor and will be considered in making an award decision. Any proposed
Contract should be tailored to the specific requirements of the City's Request for Proposal and overall conformity with
the City's Request for Proposal requirements. The failure of an Offeror to reach an acceptable Contract to the
satisfaction of the City will result in proposal rejection.
9.
Evaluation Process (Mandatory Requirements): Proposal responses will be evaluated through a three-phase
process as indicated below:
Phase One – Proposals shall be reviewed to determine compliance with Mandatory Requirements. Responses that
do not meet all mandatory requirements will be considered non-susceptible for award and will not be forwarded to the
evaluation committee for scoring.
Phase Two - Evaluation committee composed of City staff will review the remaining responses and score them
according to the criteria identified in this document.
Phase Three - After proposal responses have been scored, the evaluation committee will determine if any firms
should be removed for non-susceptibility based on their overall score within the competitive range established.
Those firms retained may be invited for interviews, negotiations, site visits, and best and final Offers as determined
at the sole discretion of the City.
It is important to note that firms may be removed for non-susceptibility anytime during the evaluation process and
not just at the specific points noted above.
The information and answers provided by firms through this submittal process will be used to evaluate proposals. In
evaluating a firm’s overall experience and competence to perform the stated work, the City may rely on additional
resources beyond the information provided by the firm.
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Scope of Work
The purpose of this Request for Proposal is to establish a contract for an Employee Benefit Consultant to assist the Human
Resources Department in the administration of the City’s benefits programs for employees and retirees.
The resulting contract will run concurrent with the City’s fiscal year (July 1 to June 30). The initial period of the contract will
be from July 1, 2023 through June 30, 2025. Any work in progress will be completed by the incumbent contractor.
General Requirements
Contractor shall have at least five (5) years of experience providing similar services in the public sector.
Contractor shall have a local representative.
Contractor shall understand all State and Federal regulations, statutes, and mandates as it relates to healthcare.
Duties include but, are not limited to:
Provide legal support for compliance with all State and Federal regulations, statutes, and mandates. Review
and update of vendor plan documents will be required.
Inform City of changing legislation and legal decisions that impact employee benefits and advise on how to
comply with changes.
Contractor shall assist the City in rate setting for self-insured medical and dental plans. Duties include, but are not
limited to:
Determine medical and dental employee and employer contributions.
Examine and report the impacts of the City’s Wellness program on the rates and claims.
Monitor administrator’s actuarial and renewal assumptions.
Prepare premium rate equivalents for self-funded plans for active employees and pre-Medicare eligible retirees.
Contractor shall assist the City in the development of solicitations and evaluating proposals for all contracts related
to employee healthcare. Duties include, but are not limited to:
Develop statements of work.
Develop Request for Proposal Questionnaire.
Provide answers to inquiries received during the solicitation.
Provide side-by-side comparisons of current plan and proposal plans.
Provide analysis of proposals related to cost, customer service, network, and other evaluation criteria.
Attend and participate in internal reviews, interviews, and contract negotiations.
Contractor shall assist the City with the general maintenance and operation of existing plans. Duties include, but
are not limited to:
Reporting:
o
Comparison reports to other municipalities and market
o
Executive Summary of monthly claims to budget reports
o
Large claim analysis
Provide ongoing analysis of plan designs, cost containment strategies and cost sharing alternatives available
to the City.
Recommend and monitor vendor performance guarantees.
Act as a liaison between the City and insurance vendors.
Provide administration assistance with insurance plans and carriers including analysis of the program
effectiveness.
Support the City with rate negotiations and rate analysis for contract renewals.
Provide advice for union negotiations to include the impact of benefit demands and advice on implementing
changes. Attendance at negotiations may be required.
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Contractor shall assist the City with other supplemental support functions. Duties include, but are not limited to:
Provide routine group benefit and general healthcare advice.
Assist with Benefit Administration system analysis, understanding and selection.
Assist with plan design changes and modifications.
Assist with employee benefits strategic planning implementation and execution .
Provide ongoing analysis and planning of new approaches to employee benefits.
Provide training and presentations to Healthcare and Wellness Committees.
Design and create print and/or web-ready documents, summary plan descriptions, booklets, forms,
announcements, and any other materials as needed to communicate plan information to participants.
Background Information
The City of Tempe is self-insured for active employee’s medical and dental insurance plans. There are approximately
1,650 active employees and 1,000 retirees. An additional 80-90 temporary employees average over 30 hours per week and
are eligible for medical coverage.
Active employees are eligible for the following benefits:
Medical Insurance (Includes Health Advocacy and Telehealth
Pharmacy Benefits
Comprehensive Wellness Program
Dental Insurance
Vision Insurance (Fully Insured)
Basic and Supplemental Life Insurance
Flexible Spending Account
Mediflex Account (City Contributions to Self-Administered Health Reimbursement Account)
Employer contributions to Health Reimbursement Arrangement (HRA) in lieu of post-employment healthcare
Health Savings Plan
Employee Assistance Program (EAP)
Employer Funded Short Term Disability Plan
Retirement Savings Plans (401k, Roth 401k, 457 & Roth 457)
Retirees are eligible for different plans and HRA options depending on their hire date and years of service with the City. As
of June 30, 2009, employees with ten years of service are provided contributions to an HRA in lieu of post-employment
healthcare.
Current plan providers:
Plan
Provider
Medical
CIGNA Network
Allegiance Third-Party Administrator; 1st Level Appeal
Dental
CIGNA – Dental PPO & Fully-insured HMO
Vision
Avesis
Pharmacy
Express Scripts
Wellness Program
Propel Wellness
Health Advocacy
Optivise
Basic and Supplemental Life Insurance
Hartford
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Flexible Spending Account
Allegiance
Employee Assistance Program
ComPsych
Retirement Savings Plans
Nationwide
HRA in lieu of health benefits
Nationwide
Medicare Supplemental Plans
United Healthcare
Stop Loss
Sun Life
The following table details the approximate dates that current plan contracts will be re-solicited. The dates provided are
subject to change should a circumstance arise that requires the plan contract to be re-solicited early. Although this table
depicts current contracts, the City may solicit a contract for a service that is not listed below. It is estimated that it would
not exceed one (1) per year.
Plan
Rebid Year
Pharmacy Benefits Manager
2024
Medicare Supplement Providers
2025
AD&D, Supplemental AD&D and Travel AD&D
2025
Basic and Supplemental Life
2025
Medical PPO Provider / Administrator
2030
Medical COBRA and Retiree Billing
2030
Medical Flexible Spending Account
2030
Dental PPO Provider
2027
Dental HMO Provider (Fully Insured)
2027
Vision Plan (Fully Insured)
2027
Wellness Program
2027
Employee Assistance Program
2025
Stop Loss
2027
Supplier questions and City responses from the previous Request for Proposal are under Attachment A, for reference.
“Return this Section with your Response”
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Proposal Questionnaire
Questionnaire responses and supporting documentation provided will be used to evaluate the proposal. In order to evaluate
an Offeror’s overall experience and competence to perform the Scope of Work described herein, the City may rely on
additional resources beyond the information provided. This RFP is provided in WORD format. Please utilize the text boxes
below for your responses. Do not direct the evaluation team to supplemental brochures or URL websites for your initial
responses.
1.
Provide company overview including full company legal name, primary business location that will service the City
of Tempe, years in business, company history, number of employees, and website, if applicable.
2.
Describe the company’s experience and qualifications to effectively provide the services requested in this RFP.
3.
Please indicate the parent organization of your company.
4.
Provide contact information and a brief biography for the primary account representative, a backup representative,
and any other personnel to be assigned to the City of Tempe.
5.
Are there any outstanding legal actions pending against your organization? If yes, please explain.
6.
Do you agree to all the Terms and Conditions of this Request for Proposal?
7.
Is a supplemental contract required as part of the final contract? If yes, a draft copy of contract must be submitted
with your proposal.
“Return this Section with your Response”
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8.
Does your company or parent organization receive any benefit or monetary compensation from any current or
potential City of Tempe providers?
9.
Identify any potential conflicts of interest that may exist based on your association with any current or potential
City of Tempe providers.
10. Indicate any portion(s) of the requested services that will be sub-contracted. Please provide the sub-contractor(s)
and a brief description of the company.
11. List three (3) governmental or large corporate references for which you currently provide similar services. Include
the Organization/Firm name, contact name, contact phone number, and email address. Please describe the
services provided (including if they self-insured or fully insured and number of employees covered) and the
number of years servicing the account. Government references are preferred.
12. Describe your method of approach for actuarial services and how rates will be established. Describe the
certifications and experience of the person who will be providing the medical and dental rates.
13. Describe how your company and the City’s representatives stay informed of changing legislation and regulations
in regard to healthcare.
“Return this Section with your Response”
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14. Describe your experience mitigating large clams for self-insured clients.
15. Describe legal resources that will be available to the City.
16. Provide sample reports and an explanation of your Executive Summary (Claims Analysis & Budget) and Market
Comparison for a specific health benefit.
17. Describe a time when your expertise provided a significant improvement in a Client’s RFP process. Please
indicate if this client is listed as a reference.
18. Detail any performance guarantees that are offered.
19. Describe how your firm will participate with the procurement and evaluation for the various employee benefit
contracts noted herein.
“Return this Section with your Response”
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20. Describe what differentiates your company and program from others?
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Evaluation Criteria
Proposals will be reviewed by an Evaluation Committee consisting of City staff using the criteria and process outlined below.
Evaluation Process
1.
The Procurement Office will verify that all proposals meet the requirements to be considered responsive.
Responses that do not comply with any mandatory requirements will be considered non-susceptible for award and
not forwarded to the Evaluation Committee for scoring.
2.
The Evaluation Committee will review and score all responsive proposals and rank them based on the committee’s
scores. Any proposals determined to score outside of the competitive range may be removed for non-susceptibility.
Remaining Offerors may be invited for interviews, negotiations, site visits and best and final offers as determined
at the sole discretion of the City.
It is important to note that firms may be removed for non-susceptibility anytime during the evaluation process and not just
at the specific points noted above.
Award Criteria
Weight
X
Rating
=
Points
1.
Qualifications & Experience (firm, assigned personnel, references,
performance guarantees)
35
X
_____
=
______
2.
Cost (monthly fee / hourly rate)
25
X
_____
=
______
3.
Legal Support and Resource Availability
20
X
_____
=
______
4.
Actuarial Methodologies and Reporting
15
X
_____
=
______
5.
Overall Response (quality, composition, and completeness – T&Cs)
5
X
_____
=
______
Subtotal
100
6.
Interview, if conducted (up to 250 points)
250
Total
=
______
This proposal will be evaluated on a cumulative point system using the rating scale shown below (fractional points may be
selected within this range).
Scoring
Outstanding
9 - 10
Good
6 - 8
Average
4 - 5
Poor
1 - 3
Not Addressed or Unacceptable
0
To evaluate the cost portion of the above criteria, the City may elect to evaluate each firm on a percentage basis of the
lowest cost offer. The formula would be: (Lowest Priced Offer/Evaluated Firm’s Price) x Points Possible = Evaluation Points.
“Return this Section with your Response”
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Pricing Section
Pricing shall be inclusive of all costs including, but not limited to, all items listed in the Scope of Work, labor, travel time,
travel expenses, vehicle expense, copying costs, printing costs, mailing costs, etc. The years indicated correspond to
Tempe’s fiscal year beginning on July 1 of each term. Firm, fixed pricing will not be subject to any increases.
Description
7-1-2023 thru
6-30-2025
7-1-2025 thru
6-30-2027
7-1-2027 thru
6-30-2029
Fixed monthly fee for all requested services
$
$
$
Hourly rate for any requested services beyond
the Scope of Work
$
$
$
* Applicable Tax %
* State correct jurisdiction to receive sales tax on the Vendor's Offer, included in this Request for Proposal.
Less prompt payments discount terms of % days/ or net thirty (30) days. (To apply after receipt and acceptance of an
itemized monthly statement.) For evaluation purposes, the City cannot utilize pricing discounts based upon payments being
made in less than thirty (30) days from receipt of statement.
Ordering and Invoice Instructions
Invoices shall be issued directly to the ordering department. Invoices shall be accurate and complete including the
information shown below. Failure to provide a properly documented invoice may cause a delay in receipt of payment. The
City will not process an invoice for payment until it has been approved by the ordering department and forwarded to Accounts
Payable. The City endeavors to process invoices within 30 days after receipt of an accurate and complete document.
Invoices shall include:
1.
Line-item listing of all ordered items to include description of items;
2.
Unit cost and extended cost for each line item;
3.
Applicable Tax;
4.
Payment Terms;
5.
Purchase order number;
6.
Name of selling organization clearly stated on invoice along with address;
7.
Phone number and or e-mail address for contact person to clarify invoicing questions;
Invoices that do not follow the above minimum invoicing requirements will not be paid. Payment must be applied to only
invoices referenced on check/payment stub. The City reserves the right to process payments via check or P-Card.
Accounting Contacts:
Carey Alf
Letters A – H and Numbers
Carlene Foster
Letters I – Z
Yesenia Loredo-Flores
General AP Inquiries and AP Checks
“Return this Section with your Response”
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Vendor’s Offer
Offeror must complete, sign, and submit this form to the Procurement Office with the proposal response. An unsigned
“Vendor’s Offer”, late proposal response, and/or a materially incomplete response will be considered nonresponsive and
rejected. Offeror is to type or legibly write in ink all information required below. A scanned copy of this page is acceptable.
Company Name:
Company Purchase Order Mailing Address:
Street Address:
City, State, Zip:
Contact Person:
Phone Number:
E-mail Address:
Cell Number:
Remit to Information
Company Name (as it appears on invoice):
Company Payment Remit to Address:
Street Address:
City, State, Zip:
Company Tax Information
If a Tempe-based firm, provide Tempe Transaction Privilege (Sales) Tax No.:
Payment Options
Will your company accept the City’s Master Card for payment?
Yes
No
Will your company accept Payment via ACH (Automated Clearing House) for payment?
Yes
No
THIS PROPOSAL IS OFFERED BY
REQUIRED SIGNATURE OF AUTHORIZED OFFEROR
By signing this Vendor’s Offer, Offeror acknowledges acceptance of all terms and conditions contained herein and that
prices offered were independently developed without consultation with any other Offeror or potential Offeror. Failure to sign
and return this form with proposal response will be considered nonresponsive and rejected.
Signature of Authorized Offer
Date
Print or Type Name of Authorized Individual
Title of Authorized Individual
“Return this Section with your Response”
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Anti-Discrimination Policy
COMPLIANCE WITH CITY’S ANTIDISCRIMINATION
ORDINANCE NO. 02016.25
_________________________________________________
The Tempe City Council approved Ordinance No. 02016.25 that requires vendors who are being recommended for
award to provide evidence of their compliance with the City’s antidiscrimination policy as shown below:
Sec. 2-601. Policy.
It is declared to be the policy for the citizens of Tempe, Arizona, to be free from discrimination in public
accommodations, employment, and housing, and contrary to public policy and unlawful to discriminate against any
person on the basis of race, color, gender, gender identify, sexual orientation, religion, national origin, familial status,
age, disability, or United States military veteran status, in places of public accommodation, employment, and
housing; and contrary to the policy of the city and unlawful for vendors and contractors doing business with the city
to discriminate, as set forth in this article.
Sec. 2-603. Unlawful Practices.
The following shall constitute a violation of this article:
For a city vendor or city contractor, because of race, color, gender, gender identify, sexual orientation, religion,
national origin, familial status, age, disability, or United States military veteran status, to refuse to hire or employ or
bar or discharge from employment any person, or to discriminate against such person in compensation, conditions,
or privileges or employment. City vendors and contractors of fifteen (15) or more employees shall provide a copy of
its antidiscrimination policy to the Procurement Officer to confirm compliance with this article. Employers having
fourteen (14) or less employees may attest in writing to compliance with this article.
Vendor Requirements
Vendors who have fifteen (15) or more employees shall include with their bid/proposal submittal a copy of its
antidiscrimination policy that must mirror the City’s policy as stated above. Suppliers who have fourteen (14) or less
employees may include their antidiscrimination policy or complete a written affidavit of compliance per the attached.
To be completed by responding company and returned with submittal:
_____
Our company has 15 or more employees and has included its antidiscrimination policy that mirrors the
City’s policy;
_____
Our company has fourteen (14) or less employees and is attaching the signed AFFIDAVIT OF
COMPLIANCE WITH TEMPE CITY CODE CHAPTER 2 ARTICLE VIII SECTION 2-603(5).
Please include this document along with the company’s antidiscrimination policy or the completed affidavit with offer
submittal
“Return this Section with your Response”
RFP# 23-077 Benefits Consultant
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Only complete this document if you have 14 or less employees.
AFFIDAVIT OF COMPLIANCE WITH TEMPE CITY CODE
CHAPTER 2 ARTICLE VIII SECTION 2-603(5)
_________________________________________________
Per Tempe City Code Chapter 2 Article VIII Section 2-603(5), it is unlawful for a City vendor or City
contractor, because of race, color, gender, gender identity, sexual orientation, religion, national origin,
familial status, age, disability, or United States military veteran status, to refuse to hire or employ or bar or
discharge from employment any person, or to discriminate against such person in compensation, conditions,
or privileges of employment.
City vendors and contractors shall provide a copy of their antidiscrimination policy to City to confirm
compliance with this requirement or attest in writing to compliance.
CONTRACTOR means any person who has a contract with the City.
VENDOR means a person or firm in the business of selling or otherwise providing products,
materials, or services.
CONTRACTOR/VENDOR, select one:
_____ Current copy of antidiscrimination policy attached
OR
_____ I hereby certify _________________________________ (contractor/vendor) to be in compliance with
Tempe City Code Chapter 2 Article VIII Section 2-603(5).
____________________________________
Date: _____________________
Signature
____________________________________
__________________________
Print Name
Title
____________________________________
Company
“Return this Section with your Response”
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Affidavit of Compliance with House Bill 2488
AFFIDAVIT OF COMPLIANCE WITH HOUSE BILL 2488
SUPPLIER AGREES TO NOT USE THE FORCED LABOR OF ETHNIC UYGHURS IN THE
PEOPLE’S REPUBLIC OF CHINA
_________________________________________________
Per House Bill 2488 approved by the Arizona Legislature, this law stipulates that a public entity may not enter into
or renew a contract with a company for the acquisition or disposition of supplies, services, goods, information
technology or construction unless the contract includes written certification that the company does not currently,
and agrees for the duration of the contract that it will not, use:
The forced labor of ethnic Uyghurs in the People’s Republic of China;
Any services or goods produced by the forced labor of ethnic Uyghurs in the People’s Republic of China;
and
Any suppliers, contractors or sub-contractors that use the forced labor of any services or goods produce by
the forced labor of ethnic Uyghurs in the People’s Republic of China
Based on the above, the supplier certifies:
I hereby certify _________________________________ (contractor/vendor) to be in compliance with Arizona
House Bill 2488
____________________________________
__________________________
Signature Date
____________________________________
__________________________
Print Name
Title
____________________________________
Company
“Return this Section with your Response”
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Supplier Sustainability Questionnaire
The City of Tempe is strongly committed to sustainable practices and programs that help build a vibrant and resilient
community. The City accomplishes this through a variety of innovative programs, including water and energy conservation,
recycling, composting, alternative transportation, sustainable business practices and environmental stewardship. Tempe
recently established its 2019 Climate Action Plan (CAP) that provides a guideline for how the City will take local action on
global climate change by reducing its greenhouse gas (GHG) emissions and adapting to the changing climate. The Climate
Action Plan serves as a guideline for the City’s path toward a sustainable and resilient future that will benefit the entire City.
The City has strengthened its commitment to sustainability by adopting a new carbon neutrality goal by 2050 and a strategy
of sourcing 100 percent of its electricity from renewable sources by 2035. To learn more about the City’s commitment to
sustainability, please visit https://www.tempe.gov/government/sustainable-tempe.
To further this commitment, the City has developed a Sustainable Procurement Policy that provides specific guidelines for
how these important sustainable practices and programs will be reflected in contract award decisions. By partnering with
companies who share these sustainability goals, the City will be able to significantly enhance sustainable outcomes.
To support these efforts, the following Supplier Sustainability Questionnaire has been developed that will allow the City to
better understand your company’s efforts and commitments regarding sustainable practices and initiatives. This
questionnaire has two sections – a section to understand what your company is doing regarding sustainable actions and a
section to understand the specific sustainable attributes of the product or service that you are offering.
Item
Question
Response
Corporate Sustainable Actions
1.
What sustainability guidelines or environmental statement does
your company have to guide the company as a whole? Please
include a link.
2.
What is your company doing to be more energy efficient?
3.
What is your company doing to reduce greenhouse gas
emissions?
4.
What is your company doing to reduce waste transferred to
landfills?
5.
What is your company doing to reduce water waste?
6.
What kind of effort does your company make to reduce the use of
environmentally harmful materials (such as cleaning products,
etc.)?
7.
Does your company take any actions to manage the sustainability
of your supply chain? If yes, please explain.
8.
Has your company received any environmental or sustainability
related independent certifications or recognitions? If yes, please
explain.
“Return this Section with your Response”
RFP# 23-077 Benefits Consultant
34 | Page
Please find some helpful links below that will provide additional information, tools, and resources regarding
sustainable practices:
Greenhouse Gas Calculators:
https://www.epa.gov/energy/greenhouse-gases-equivalencies-calculator-calculations-and-references
Sustainable Packaging:
https://www.epa.gov/smm/sustainable-packaging
https://www.epa.gov/facts-and-figures-about-materials-waste-and-recycling/containers-and-packaging-product-specific-
data
Cleaning Products:
https://www.epa.gov/saferchoice
Tool to Measure and Track your Waste and Recycling:
http://www.epa.gov/smm/wastewise/measure-progress.htm
Water Conservation:
http://water.epa.gov/polwaste/nps/chap3.cfm
Item
Question
Response
Product Sustainable Attributes
1.
Has your company performed an environmental life cycle analysis
on the product being offered the City? If yes, please provide
documentation
2.
Can the product being offered be refurbished, recycled, or
composted at the end of its life? If yes, please elaborate
3.
Does the product being offered include any recycled materials? If
yes, please explain.
4.
What measures have been taken to reduce unnecessary
packaging materials associated with the product being offered?
5.
What kind of reusable, recyclable, and/or compostable packaging
materials does your company use?
6.
Has the product been offered been rated or certified by a third-
party organization such as Energy Star, Green Seal, Leadership
in Energy and Environmental Design (LEED), Forest
Stewardship Council, etc.? If yes, please provide certification
documentation.
7.
Please provide any additional information you would like to share
regarding your product’s sustainable attributes.
RFP# 23-077 Benefits Consultant
35 | Page
Checklist for Submittal
The following checklist has been provided to assist you in submission of your offer.
This list should not be considered complete, other information or documents may be necessary as part of your submission.
The items listed are the primary documents and information that must be completed and/or included with your proposal.
Please include any additional information or documents that will clarify your submittals.
This document has been issued in Word format to allow the responding firm the ability to provide requested information,
answer questions and provide pricing within the actual document.
Description
Included
1.
One signed and completed copy of the Proposal response – only
sections marked “Return this Section with your Response” are
required but you may include supplemental materials you believe
necessary to clarify your submittal.
a.
Signed and Completed Vendor’s Offer Form
2.
Due to the COVID Virus, please submit a single e-copy of the signed
and completed proposal. The City’s e-mail is capable of accepting
up to a 10MB attachment. Please try and keep the proposal under
this size limit. However, if you need to exceed 10MB, please break
the proposal up into two sections and e-mail in two separate
messages clearly indicating the solicitation number on the subject
line and denoting Part 1 and Part 2 response. We will be unable to
accept any hard copies of the proposal so please e-mail the
response as noted above. It is critical to not wait until the last
minute to press the send button for your submittal
3.
Proposal Questionnaire
4.
Pricing Section
5.
If company has 14 or less employees include a signed and
completed Affidavit of Compliance with Tempe City Code Chapter 2
Article VII Section 2-603(5) (form attached)
6.
If company has 15 or more employees include a copy of its anti-
discrimination policy
7.
Affidavit of Compliance with House Bill 2488
8.
Signed Addenda (if applicable)
9.
Supplier Sustainability Questionnaire
Alert – If you received this solicitation via a third-party plan-holder company and did not
directly download it from the City of Tempe’s Procurement home page you might not
have received any addendums that were published during the bidding period. To ensure
you are notified of addendums it is critical that you download this solicitation from the
City’s web site per the below link:
https://bids.tempe.gov/bids/
RFP# 23-077 Benefits Consultant
36 | Page
Attachment A
SUPPLIER QUESTIONS AND CITY REPONSES
Q. Scope of Work - “Assist with Benefit system analysis, understanding and selection.” Can you please elaborate on what
analysis is needed and the services you are requesting with respect to understanding and selection?
A:
The reference here is not detailed procurement process of the Benefits system; but rather the industry
knowledge of what Benefits systems are used by mid-size employers, knowing what works and what doesn’t and why.
Our Employee Benefits Consultant would understand the self-service needs and processes of the Benefits
Administration and assist the City with analysis and legal input on Benefit processes manually or electronically. The
Employee Benefits Consultant would be able to assist with analysis and selection of our existing Benefits system and
work with the City on the RFP, if needed, for an automated Benefit Administration system.
Q. Scope of Work - “Design and create print and/or web-ready documents, booklets, forms, announcements, and any other
materials as needed to communicate plan information to participants.” What communication pieces, summary plan
descriptions, booklets, forms and announcements are being prepared today for the City by the current consultant? Can you
please provide samples?
A:
The City of Tempe utilizes our vendors for the Summary Plan Descriptions. Our Employee Benefit Consultant
reviews the summaries and Plan Documents, often suggesting wording for updated changes. The Consultant
updates our Benefits Guide that is used for new hires and shared with our benefit-eligible employees during Open
Enrollment. Attachment B
Q. Please clarify whether or not the City is seeking proposals that are fixed monthly fees, offset by (net of) ALL commission
and compensation (direct or indirect) that are impacted by the City’s relationship between the consultant/broker and vendors.
A:
The City is seeking proposals that are fixed monthly rates. The Employee Benefit Consultant shall not receive
any outside compensation, commission, or incentive from any City benefit provider selected through the procurement
process.
Q. Please provide the annual compensation paid to the current consultant (indirect and direct) for each of the last 3 years.
A: FY19/20 $5,150.00 Monthly ($61,800.00 Annually)
FY20/21 $5,304.17 Monthly ($63,650.04 Annually)
FY21/22 $5,462.50 Monthly ($65,550.00 Annually)
Current Year: FY22/23 $5,627.50 Monthly ($67,530.00 Annually)
Q:
What are the City’s reasons for issuing this Request for Proposal? Is this part of your required bid process?
A:
The City issued this Request for Proposal to replace the current contract at its expiration.
Q:
What is your satisfaction level with your current Employee Benefits Consultant?
A: The City is satisfied with our current provider.
Q:
What is your satisfaction level with your current Employee Benefits Consultant’s pricing/cost?
A:
The City is satisfied with current pricing/cost structure.
RFP# 23-077 Benefits Consultant
37 | Page
Q. How many hours per month does your current Employee Benefits Consultant spend on your behalf? Is this timeframe
satisfactory?
A:
Demand is more seasonal, ramping up February -April for the City’s fiscal year renewal that starts July 1.
More time is needed if increases are above trend. Retiree Medicare Supplements renew on 1/1 with the renewal
delivered end of Sept. – mid October. The Employee Benefits Consultant is expected to present to the Healthcare
Committee several times a year, normally for 1 – 2 hours each time. Legal questions are sporadic throughout the year
and would be dependent upon resources and training that is provided.
The consultants provide monthly reporting of claim summaries.
Face time/Meeting time is probably 10-12 hours annually – higher in RFP years of medical, dental, vision renewals
(Every 5 years). Other phone and service hours behind the scenes average 3-4 hours a month.
Q:
Are there services or deliverables you are not currently receiving that you would like to see presented?
A.
The minimum service requirements are outlined in the Scope of Work section of the Request for Proposal.
Additional services may be presented in your proposal. If they are offered at an additional cost, that should
be specified.
Q:
What are the City’s biggest pain points?
A:
The City is vigilant in monitoring costs of specialty medications and an increased number of high-cost
claimants. How do we design options that don’t overcharge healthy employees/dependents; yet don’t overburden the
out-of-pocket expenses for our high-cost claimants? Reducing entitlement and increasing accountability for
employees in their understanding and utilization of healthcare.
Q:
Is the City currently having difficulty with any of their current carriers?
A:
In general, our relationships with our current vendors is very positive with no significant difficulty that would
be perceived as out of the ordinary.
Q:
Would the City prefer a lower PEPM on Medical/Dental/Vision cost and allow commissions paid to the Employee
Benefit’s Consultant on products such as life/disability and any worksite options?
A. No, any commissions or incentives offered by a potential benefit provider should be reflected in the PEPM
benefit cost through the contracting or renewal process. The Employee Benefit Consultant shall not receive any outside
compensation, commission, or incentive from any City benefit provider selected through the procurement process.
RFP# 23-077 Benefits Consultant
38 | Page
Benefits Guide
2022 City of Tempe
Active Benefits.pdf
2022 City of Tempe
COBRA Benefits Guide
2022 City of Tempe
Temporary Employee
City Procurement Office/City of Tempe PO Box 5002 • 20 East 6th Street • Tempe, AZ 85280 • (480) 350-8324 www.tempe.gov/procurement
Issue Date:
12/07/2022
This addendum will modify and/or clarify:
Solicitation No.:
23-077
and is
Addendum No.:
1
Procurement Description:
Benefits Consultant
The Proposal Due Date/Time has changed to Wednesday, December 21, 2022, 3:00 P.M. Local Arizona.
The following questions were submitted in regard to the RFP and the City’s response is shown below.
1.
Is there a Trust board set up under A.R.S. § 11-981 (or some other authority) that the consultant would interact with?
The City’s employee health benefit programs are not established in a Trust and no Trust board exists for
these benefits. The City accounts for all revenue/expense activity related to the City’s employee health
programs via the Health Fund, an internal service fund.
2.
Does the city require that funding recommendations for Medical, Rx, Dental and any other self-funded benefits be
signed by an actuary? (NOTE: This is also touched upon in question 12.) Alternatively, is the City open to funding
recommendations being established using actuarial/underwriting software without a corresponding actuary’s
signature?
The City does not require that funding recommendations be signed by an actuary. We would not oppose
the utilization of actuarial/underwriting software but we would need some type of assurance that the
assumptions utilized for funding recommendations are accurate and reasonable.
3.
One of the items in the Scope of Work (page 20) reads “Monitor administrator’s actuarial and renewal
assumptions.” We are assuming by “administrator” this means Allegiance. Is that correct?
This appears to include fixed costs (perhaps PEPM or other charges for claims administration?) and prospective
funding requirements or projections. Can you clarify what is included in this questions?
If the administrator is providing some level of prospective funding projection, please clarify how the administrator’s
and consultant/actuary’s renewal funding projections for self-funded benefits interplay with those. Does one take
precedence over the other? Something else?
Our actuarial services are performed by our benefits consultant who makes recommendations regarding
setting rates, changes to plans, etc. The consultant is instrumental in assisting to monitor/review
administrative costs which includes PEPM rates among other fixed costs as well as claims cost reviews.
Our administrator is not providing prospective funding projections. Our PBM does provide cost and
trending analysis in a quarterly meeting format which is attended by our consultant.
4.
Another item reads: “Examine and report on the impacts of the City’s Wellness program on the rates and claims.”
Can you flesh out what you are looking for here? How is it being accomplished today? Are you looking for the
consultant to comment on any ROI assertions made by existing vendors? Are you looking for the consultant to
independently quantify ROI? Other?
Reporting on the impact of the City’s Wellness program by a consultant is not being accomplished today.
We have a very robust program and have recently moved to a new wellness program vendor. We are
always chasing the ability to quantify this program in any way possible and in the past have received
reporting directly from the vendor. Our current consultant is involved with weekly meetings with the new
vendor and has attended and provided comment with our previous vendor’s reporting.
5.
In the “...supplemental support functions…” section there is an item that reads: “Design and create print and/or
web-ready documents, summary plan descriptions, booklets, forms, announcements, and any other materials as
needed to communicate plan information to participants.” Are SPD’s not being provided by the current TPA’s or
other vendors? By “booklets” are you referring to carrier-supplied certificates or something else?
Addressed in Attachment A of the RFP – previous RFP Q&A
Addendum to Solicitation
6.
What is the current benefit administration system?
PeopleSoft
7.
Also in the “...supplemental support functions…”, reference is made to “Provide training and presentations to
Healthcare Wellness committees” What are examples of training and presentations that have been done for
Healthcare and Wellness Committees? At what frequency are these expected to be completed? Is the
expectation to be conducted in-person or virtual?
We currently have two committees: a Healthcare Committee and a Wellness Committee. Presentations
can be anything from presenting annual reports and projections to coordinating vendor presentations for
RFP processes. The Healthcare Committee is more active than the Wellness Committee as it reviews
various benefits (i.e. medical, dental, vision, EAP provider, employee advocate). Meetings have
traditionally been in person. Time commitments are covered in Attachment A of the RFP.
8.
This section indicates that Active City employees are eligible for benefits including a “Comprehensive Wellness
Program.” Can you clarify/expand upon the current Wellness Program?
a. What does the City’s Wellness Program currently consist of today and who are the vendors the City is
currently contracted with to administer those various components?
b. What does participation in Wellness Program look like for each program?
c.
What are the desired goals and impacts/outcomes of the Wellness Program?
d. What is the incentive strategy?
e. What is the City’s budget for Wellness Programming?
f.
What has been the most successful wellness program component that was implemented and what made it
so successful?
Attached is information regarding the City’s Wellness Program which I think should answer most of these
questions. The program is a 2-tier level reward program: Tier 1 (100 points) is a $25 deduction per
paycheck towards employee medical premiums and Tier 2 (200 points) garners a $100 gift card in addition
to the deduction.
9.
Can we get a copy of the eligibility template describing how employees of various tenures are eligible to participate
in post-employment retiree benefits?
Attached is the OPEB document addressing this question.
10.
How are medical appeals beyond Level 1 appeals resolved?
Medical appeals beyond Level 1 are resolved through a 3-person Health Plan Appeal Committee
established by the City.
11.
Question 16 asks for sample reports. Do you want these samples embedded in our response in the manner the
City embedded documents in the RFP? Or, are you looking for them as separate attachments?
Either is fine.
12.
Question 17 asks: “Describe a time when your expertise provided a significant improvement in a Client’s RFP
process…” This appears to be directed at improving the process of vendor or product selection rather than
improving the benefit plan via an RFP. Can you clarify the intent of this question?
The intent is to provide improvement in the RFP process.
13.
What are the planned major activities for the upcoming play year?
There are no new major activities planned. The most important activity are the actuarial and plan/rate review
conducted annually.
14.
What are the top three health and benefit issues facing the City of Tempe?
See Attachment A of the RFP under “pain points”
There are no other changes at this time.
Please ensure that you sign and submit this addendum by due date shown above
The balance of the specifications and bid solicitation instructions to remain the same. Bidders/Proposal Offerors are to
acknowledge receipt and acceptance of this addendum by returning of signed addendum with bid/proposal response. Failure
to sign and return an addendum prior to bid/proposal opening time and date may make the bid/proposal response non-
responsive to that portion of the solicitation as materially affected by the respective addendum.
___________________________________
___________________________________
Name of Company
By – Name and Title (Please Print)
___________________________________
___________________________________
Email Address
Telephone
___________________________________
___________________________________
City State Zip
Authorized Signature
Attachment C Incorporated herein:
OPEB Policy and Wellness Program Overview
OPEB Policy
9.24.2020.doc
City of Tempe
Program Overview Gu
C I T Y O F T E M P E
Benefits Consultant
RFP # 23-077
Table of Contents
1.
Proposal Questionnaire
2
Pricing Section
Vendor s Offer
Anti-Discrimination Policy
Affidavit of Compliance with House Bill 2488
Supplier Sustainability Question aire
Addendum Final 12/7/2022
Support Exhibits 1-8 (Attached Zip File)
.
Proposal Questionnaire
Questionnaire responses and supporting documentation provided will be used to evaluate the proposal. In order to evaluate
Scope of Work described herein, the City may rely on
additional resources beyond the information provided. This RFP is provided in WORD format. Please utilize the text boxes
below for your responses. Do not direct the evaluation team to supplemental brochures or URL websites for your initial
responses.
1.
Provide company overview including full company legal name, primary business location that will service
the City of Tempe, years in business, company history, number of employees, and website, if applicable.
When we began working with the City of Tempe in 2013, we were known as Hays Companies (Hays). We became
a part of the Brown & Brown, Inc. team in November 2018, but continued to operate as Hays until January 31, 2022,
We are now
the 5th largest U.S. insurance Broker with over 350 offices and approximately 13,000 teammates nationally.
Brown and Brown saw similar company synergies that put clients first through exceptional service and consulting
capabilities. Clients receive the same quality experience. We now just have more resources to leverage on behalf
of our clients. As a relatively decentralized organization, our structure and approach allow our service teams to
make custom decisions based on the needs of individual clients.
The City of Tempe will continue to be serviced by our local office:
Brown & Brown Insurance of Arizona, Inc.
2800 N. Central Avenue, Suite 1100
Phoenix, Arizona 85004
www.bbrown.com
Locally, we have approximately 100 teammates that serve clients primarily in Arizona across all lines of insurance
including Employee Benefits, Property & Casualty, Risk Management and Programs.
A little more about Brown & Brown, Inc. Brown & Brown is a leading insurance brokerage firm, providing risk
thousands of teammates, we offer the knowledge you can trust and strive to deliver superior customer service.
Brown & Brown is publicly traded on the NYSE under the ticker symbol BRO.
Brown & Brown, Inc. markets and sells insurance products and services in the United States, England, Canada,
Bermuda, and the Cayman Islands. It operates through four segments: Retail, National Programs, Wholesale
Brokerage, and Services. The Retail segment offers commercial packages, group medical, workers' compensation,
property risk, and general liability insurance products; and group and individual life, accident, disability, health,
hospitalization, medical, dental, and other ancillary insurance products, as well as risk management, loss control
survey and analysis, consultancy, and claims processing services. It serves commercial, public, and quasi-public
entities, professional, and individual customers. The National Programs segment offers professional liability and
related package insurance products for dentists, oral surgeons, hygienists, lawyers, optometrists, opticians,
ophthalmologists, insurance agents, financial advisors, registered representatives, securities broker-dealers,
benefits administrators, real estate title agents, and escrow agents, as well as supplementary insurance products
related to weddings, events, medical facilities, and cyber liabilities. This segment also offers outsourced product
development, marketing, underwriting, actuarial, compliance, claims, other administrative services to insurance
carrier partners; and commercial and public entity-related programs, and flood insurance products. It serves through
independent agents. The Wholesale Brokerage segment markets and sells excess and surplus commercial and
personal lines insurance through independent agents and brokers. The Services segment offers third-party claims
administration and medical utilization management services in the workers' compensation and all-lines liability
arenas, Medicare Set-aside, Social Security disability, Medicare benefits advocacy, and claims adjusting services.
Since our beginning, we have known that doing the best for our customers requires constant persistence and vision.
Our culture is built on integrity, discipline, innovation, and superior capabilities. We look at insurance differently and
use our experience, carrier relationships, and principled customer focus to deliver exceptional service and solutions.
We operate as a meritocracy, meaning we promote individual initiative, and are focused on recruiting and
developing teammates who are driven to succeed. Development and collaboration are vital to our continued
success
our teammates are our greatest resource.
In addition, Great Place to Work® and Fortune have recognized Brown & Brown, Inc. on the following lists:
Fortune Best Workplace
Great Place to Work® Certified 2019-2020
Great Place to Work® Certified 2020-2021
Great Place to Work® Certified 2021-2022
Great Place to Work® Certified 2022-2023
Exhibit #1
Company Overview
2.
this RFP.
In addition to servicing the City of Tempe since 2013, we have significant experience working with various public
entities in the State of Arizona and Nationally. Our service and financial approach have successfully managed
various accounts while leveraging knowledge across the spectrum of clients with whom we are engaged. In addition
to our response and background detailed in this RFP, we focus on four primary areas of risk and bring the most
advanced analytics and the highest level of talent in the marketplace. The four areas are:
Rate Risk: Risk Pool Management
Recalibrates premium/rates so each benefit tier is a proper reflection of t
Optimizes the use of a multiple-tier structure offering, demonstrating whether a three-tier or a four-tier
solution is optimal for the client
When multiple plans are offered, establish a proper rate spread between the plans
Puts client in charge of the most important factor, the risk pool itself
Allows employers to manage member burden properly by establishing an acceptable spread between
contribution and plan design costs
Claims Risk: Health Plan Intelligence
What are primarily medical and pharmaceutical factors driving your healthcare cost?
How are members engaged in their health as demonstrated by how they utilize benefits?
Chronic disease: Since 50%-80% of healthcare spend is from members with a chronic disease, we
identify, isolate, and then focus on these dollars
Create health improvement strategies around the actual cost drivers of claims
We determine the performance level of your network
We show you how efficiently your plan is operating compared to peer groups you establish
Renewal Risk
Benefit Modeler also allows users to demonstrate the proper spread between multiple plan offerings
High Claims Analysis Tool allows us to show you at what reinsurance level you attain the maximum
cost savings for the minimum amount of risk
Our renewal forecaster tool allows us to project your renewal with greater accuracy, not relying on a
thout rebuttal. We force the carrier to
answer the questions surrounding their renewal action.
Compliance Risk
Complete compliance review
Access to legal professionals for HR-related issues
Administrative tools and services
3.
Please indicate the parent organization of your company.
Brown & Brown Insurance of Arizona, Inc. is a subsidiary of Brown & Brown, Inc., a publicly traded company on the
New York Stock Exchange (NYSE: BRO).
4.
Provide contact information and a brief biography for the primary account representative, a backup
representative, and any other personnel to be assigned to the City of Tempe.
Paula Campbell will continue serving the City of Tempe as the primary account representative for day-to-day
activities related to the scope and delivery of services. These activities include vendor procurement and
management, claims resolution services, contract review, plan benchmarking, etc. She is responsible for
coordinating both the core consulting team as well as subject matter experts. In addition to the City of Tempe,
Paula is currently the primary consultant for several other public entities listed including the City of Peoria, City of
Glendale, City of Avondale, and the City of Clovis (NM)
-primary account representative, Charlie
Broucek, will continue in this role and is primarily responsible for strategic planning, financial analysis, and reporting,
etc. and serves as a backup to Paula should she be unavailable.
Our primary service team has remained unchanged during our time supporting the City of Tempe. Not only do we
your employees and assist in the selection of qualified vendors.
PAULA CAMPBELL
VP, CONSULTANT / ACCOUNT MANAGER, EMPLOYEE BENEFITS
Paula has over 30 years of experience in the health care industry. She began her career working for a Third-Party
Administrator (TPA) and held various positions including Account Manager and Customer Service, as well as
leading projects management teams within the Network Development and Quality Assurance departments. As the
Manager of Account Services for Benesight (now owned by UHC), she was responsible for managing a team of
Account Executives as well as managing both middle market and national accounts.
and maintenance of employee benefit programs, and managing carrier relationships. Paula is a licensed Life/Health
Producer in Arizona.
CHARLIE BROUCEK
SENIOR VICE PRESIDENT, EMPLOYEE BENEFITS
Charlie is a Sr. Vice President and EB Practice Leader for Brown & Brown (formerly Hays Companies). In this role,
he provides strategic consultation and benefit plan structure and design for partially self-funded clients. Charlie
brings over 23 years of experience in consulting and business development including employee benefits and
insurance, recruiting and staffing, and employee relations. Charlie has worked with a diverse group of industries
including: Manufacturing, Retirement Communities, Educational Institutions, Telecommunications, Technology,
Financial Services, Government, and Construction.
Charlie holds a BS in Business Management from the W.P. Carey School of Business at Arizona State University.
Additionally, he is a licensed Life/Health Producer in Arizona and several other states. Charlie is a Past President
of the W.P Carey Alumni Chapter at ASU, Former Board Member
ASU Alumni Association, Past Director Valley
of the Sun Human Resources Association, and Lifetime Board Director
Esperanca, Inc. (Phoenix Based Non-
Profit). Additionally, Charlie serves or has served on several insurance carrier National Advisory Councils.
JAMISON DAVIS
VP, TECHNICAL CONSULTANT / UNDERWRITER, EMPLOYEE BENEFITS
Jamison has been Vice President at Brown & Brown (formerly Hays Companies) since August 2007. In his role as
a Technical Consultant, he provides strategic consulting, budget/renewal forecasting, monthly reporting,
benchmarking analysis, and plan analytics. As the local underwriting resource, he stays very involved with all self-
funded clients from renewals to the monitoring of plan financials and budgets.
Jamison is a licensed Life/Health Producer in Arizona and brings over 18 years of experience in employee benefits
and insurance. He holds a BS in Marketing from Northern Arizona University. Jamison has a passion for helping
others and serves the public as a fundraising Life Member for the EC 70 and a former board member for Fresh
oundation. In his first five years, he raised over $100,000 in charitable contributions.
MEGAN FLANAGAN
SR. BENEFITS ANALYST
Megan joined Brown & Brown (formerly Hays Companies) with 5 years of employee benefits experience. Her career
in the industry began with a human resource consulting PEO firm where she specialized in HR and Benefits. After
moving on from the PEO firm she went to work for a benefits broker who created a specialized database for their
clients and other vendor brokerages. Megan assumed the position of Senior Account Executive/Data Specialist
where she maintained the database and used her knowledge of technology, benefits, and communication to work
with employees, clients, and carriers to maintain all accounts.
Megan is a licensed Life/Health Producer in Arizona. She specializes in employee communication. In her current
role, Megan supports the Consulting team, our clients, and their employees. She holds BA in Psychology and
Sociology from the University of Arizona.
HEATHER KOPNICKY
CONSULTANT, POPULATION HEALTH
Heather has been the wellness industry for the past 20 years, with majority of the time in corporate health. Heather
earned her Bachelor of Science degree in Health from Texas A&M University and a Master of Business degree
Well coaching certification from the American College of Sports Medicine.
product development, deploying long-term strategic strategies, predictive modeling, utilization review and disease
management.
In this role, Heather works with employers to develop and implement a strategic wellness plan to help mitigate high
claims. She monitors data throughout the year to measure the effectiveness of the wellness initiatives and provides
5.
Are there any outstanding legal actions pending against your organization? If yes, please explain.
Brown & Brown Insurance of Arizona, Inc. and its parent company are involved in claims and litigation in the ordinary
course of their business, and descriptions of legal matters can be obtained through the public filings available
through the Federal Securities and Exchange Commission.
6.
Do you agree to all the Terms and Conditions of this Request for Proposal?
Yes.
7.
Is a supplemental contract required as part of the final contract? If yes, a draft copy of contract must be
submitted with your proposal.
No.
8.
Does your company or parent organization receive any benefit or monetary compensation from any current
or potential City of Tempe providers?
Yes. While we are compensated by the City of Tempe directly for our services like many of our current consulting
arrangements, we do have clients that prefer to compensate us through insurance carrier commission. Generally,
with commission related compensation, we are compensated based on total premium at an agreed upon percentage
Tempe vendors and other potential vendors that offer like product and services.
9.
Identify any potential conflicts of interest that may exist based on your association with any current or
potential City of Tempe providers.
No.
10. Indicate any portion(s) of the requested services that will be sub-contracted. Please provide the sub-
contractor(s) and a brief description of the company.
All primary services offered to the City of Tempe are performed by the service team referenced earlier in this RFP
response. In addition to directly servicing the City of Tempe, the service team leverages internal, Brown & Brown,
subject matter experts that assist with Government Compliance, Claims Analytics, Pharmacy Consulting, Leave
Management, etc.
-
at no cost.
Mineral (formerly ThinkHR): Mineral provides easy and immediate access to expert HR Advisors
who will provide information and answers to minimize the risk associated with legal and regulatory
matters pertaining to HR compliance, employment law, and health care. These services/solutions have
HRCI/SHRM certified training sessions with the availability of CE Credits for certified professionals.
Additionally, they provide over 200 training courses for employees including harassment training, safety
& OSHA, customer service, etc. The City of Tempe can upload employee information into the training
platform and assign different training sessions.
Appendix #2 - Mineral Information (formerly ThinkHR)
Foley & Foley PC (Human Capital Risk Management
Employment Counsel On-Call Triage
Service):
obligations can be burdensome and the corresponding liability and exposure for employers is
extraordinary. With limited resources, it is difficult to keep pace with the volume and magnitude of these
related services.
The City of Tempe HR team has access via phone and/or email to Foley & Foley legal team to
ensure the best possible decisions are made when issues present.
Foley & Foley team of lawyers will answer questions with practical advice and business-
focused legal opinions (no cap on utilization) to HR-Related Risk and Employment Law
compliance.
Immediate access to experience employment lawyers providing legal opinions that are caveat-
free and fully indemnified.
Under the Employment Counsel On-Call Triage Service, Foley & Foley will establish an
Attorney/Client Relationship which means all questions and answers are protected.
*This is a newly available no cost service as of 10/1/2022
Appendix #3 - Foley & Foley PC On-Call Triage Service
11. List three (3) governmental or large corporate references for which you currently provide similar services.
Include the Organization/Firm name, contact name, contact phone number, and email address. Please
describe the services provided (including if they self-insured or fully insured and number of employees
covered) and the number of years servicing the account. Government references are preferred.
City of Scottsdale
City of Peoria
City of Glendale
Amy Barczak
Christine Nickel
Vicki Moss
480/312-7600
623/773-7101
623/930-2297
abarczak@scottsdaleaz.gov
christine.nickel@peoriaaz.gov
vmoss@glendaleaz.com
General Consulting & Brokerage
Services like those requested by
the City of Tempe.
General Consulting & Brokerage
Services like those requested by
the City of Tempe.
General Consulting & Brokerage
Services like those requested by
the City of Tempe.
Self-Funded
Self-Funded
Self-Funded
Client since 2011 (12+ years)
Client since 2010 (13+ years)
Client since 2017 (5+ years)
12. Describe your method of approach for actuarial services and how rates will be established. Describe the
certifications and experience of the person who will be providing the medical and dental rates.
Underwriting. Brown & Brown will continue utilizing our advanced forecasting tools to establish a sound baseline
of current costs and to project the
future costs. We will take into consideration the range of issues
that must be addressed to establish credible projections. This process clearly defines the key variables that will
influence future costs, as well as what elements will need to be tracked, measured, and monitored over time.
Utilize baseline data on population demographics, health care cost drivers, trend assumptions, current
benefit designs, and current health management initiatives.
Large claim normalization.
Determine a projected trend for the City of Tempe medical/RX costs if the programs remain unchanged.
Create a modeling capability to help us quickly and efficiently perform alternative scenarios and quantify
projected future savings for each initiative.
During the underwriting process, your underwriter (Jamison Davis
see Bio) will provide three (3) separate claim
projections that enable us and the City of Tempe to determine the best go-forward cost and strategy. Jamison and
his team will develop a projection that will achieve the needed funding. Additionally, he will use the projection to
and employee contributions.
If actuarial sign off is requested, we have actuaries that can validate and sign our projections.
Exhibit #4 - Renewal Underwriting
Ongoing Plan Management
Additional Underwriting Services. Our Underwriting Services department delivers plan design strategies,
employee contribution analysis, and projections/forecasting. In addition to traditional underwriting work such as
reserving, negotiating funding rates, insurance analysis, and analyzing networks, our team is involved in assisting
clients in estimating the return on investment of wellness programs, on-site clinics, and narrow network
arrangements. With heavy
Analytics. Through our proprietary analytics engine, Health Plan Intelligence (HPI), our clients have a unique and
exclusive look into the issues driving healthcare costs. Consequently, the strategic recommendations and solutions
provided by Brown & Brown are targeted and their effects measurable. The HPI suite of services includes:
HPI Portal
The HPI-Portal provides a secure and central access point for all Health Plan Intelligence
content. The HPI portal is web-based and allows easy access to all HPI content. Additionally, the HPI
portal allows us to monitor the status of current HPI projects as well as access sample content and demos.
HPI Dashboard
A comprehensive analysis that combines membership information with health
experience data, HPI-Dashboard provides a clear and concise understanding of how the health plan is
performing. HPI-Dashboard includes the evaluation and performance benchmarking of health care
utilization rates, unit costs, plan design efficiency, and the impact of specific diseases and behaviors.
HPI Analytics
An unparalleled view of underlying and value-added health care data, which empowers
the discovery of hidden problem areas and potential opportunities. HPI-Analytics delivers multi-
dimensional filters and controls which fuel customized data reports and views in a real-time environment
- powerful and actionable information in just a few clicks.
HPI BeneCalc
This tool provides a real-time benefit-modeling tool. HPI-BeneCalc models the financial
and member impact of changes in plan design, medical inflation, network performance, fixed costs, stop-
loss parameters, employee contributions, and more.
High Case Analysis Tool (HCAT). Using our analytics, we provide the City of Tempe with an Alt Spec Analysis
during the annual renewal process. With this tool, using the
demographics and chronic disease prevalence,
we produce a report that collectively helps us make better financial decisions around the purchase of stop-loss
insurance. The system looks at different stop-loss deductibles, premium pricing, and the anticipated incremental
liability between stop-loss deductibles.
Exhibit #5 - High Case Analysis Tool (HCAT)
13.
regulations regarding healthcare.
Brown & Brown maintains a full-service, government compliance, and legislative research department and provides
numerous services both to our employees and to our clients in the areas of research, support, and compliance
assistance. We have a dedicated team to serve this purpose. Our team has access to several online support
systems, such as the Bureau of National Affairs and the International Foundation of Employee Benefits. In addition,
we subscribe to numerous services that issue monthly updates on topics specific to benefits, such as HIPAA,
COBRA, and ERISA requirements for benefit plans and sponsors. Augmenting these other sources are many other
manuals and benefits surveys.
We recognize one of the most important aspects of working with clients is to provide timely and accurate information
on topics that affect how employers and benefit plans operate. As brokers and consultants, our value to our clients
depends on how well we can achieve this goal. This is increasingly important as the benefits field continues to look
for products and systems that can make plans more effective and efficient.
To achieve our goals, the Research & Compliance Department provides the following:
Client assistance in understanding new laws and regulations impacting employee benefits
Web-based training (webinars) for clients and prospects and internal training for Brown & Brown brokers
and consultants.
Monthly updates on various employee benefits topics, including the Affordable Care Act (ACA), HIPAA,
FMLA, state laws, and other regulatory changes impacting employee benefit plans.
E-mail communications regarding issues that are of topical interest to our clients.
Legislative Briefs detailing important issues, such as the latest information on the ACA, HIPAA, COBRA,
FMLA, ADA, etc.
Research and analysis to help our staff respond to client questions
Our consultants also review all plan documents using a comprehensive Compliance Checklist ensuring that all
documents follow appropriate laws and regulations and contain the language required by these laws and
regulations.
Exhibit #6
2022 Compliance Guide
14. Describe your experience mitigating large claims for self-insured clients.
Throughout our consulting engagement with the City of Tempe, Brown & Brown has actively monitored large claim
activity. We work with the TPA to ensure all large claimants (or potential large claimants) are engaged with a nurse
and/or clinical provider to ensure they are getting timely guidance on their particular disease state. Early
intervention with complex, large claims is the key to mitigating their impact. Although it is difficult to measure the
impact, we report on compliance with standards of care. For example, how many of the members with diabetes
have at least two A1c, hemoglobin A1c (a blood test to assess the management of blood sugar levels) tests in the
preceding 12 months. Not only do we share this information with the City of Tempe, but we work will the TPA to
ensure communication and engagement. The primary goal is to effectively manage chronic disease so chronic
15. Describe legal resources that will be available to the City.
Please refer to Questions 10 & 13. Your primary service team coordinates with all the available legal and
compliance-related services offered by Brown & Brown to ensure our clients what is needed to answer both specific
and general questions.
16. Provide sample reports and an explanation of your Executive Summary (Claims Analysis & Budget) and
Market Comparison for a specific health benefit.
Monthly Financial Report. Brown & Brown will produce a monthly financial/budget report with the following
information:
Compare year-to-date claims and expenses to budget
Project a year-end surplus or deficit based on experience to-date
Compare the
utilization and cost statistics
Exhibit #7 - Sample Monthly Report
Benchmarking. Brown & Brown will periodically produce a benchmark report to compare market data to current
City of Tempe benefits. We will make plan recommendations should the data produce any meaningful benefit
shortcomings. While benchmark information is important and useful, we always consider the organizational culture
and total compensation when trying to effectively balance the benefits offering.
17.
indicate if this client is listed as a reference.
We have worked with a public entity of similar size to the City of Tempe for several years. Originally, this entity
wanted to run the entire employee benefit procurement process with little input from our team. We found this
process to be cumbersome and frankly, the information compiled by procurement was too comprehensive in some
areas while lacking in others. Additionally (and depending on the line of coverage), it is difficult to capture all the
various pricing components including capitation, percent of savings for negotiated out-of-network claims, RX AWP
discounts, and rebates, etc. We have now developed a process with this client where we have a pre-RFP meeting
with the procurement and employee benefits team to better define what they are seeking and develop an RFP that
captures all the needed information to achieve the ultimate results. We also work with procurement to develop a
side-by-side comparison and scoring system, so the RFP Committee is well positioned to effectively review all the
competing vendors.
This is like the approach we have taken with the City of Tempe for the past 10 years. We have found this
collaborative approach to yield better results for all parties.
*This was not for a client listed as a reference.
18. Detail any performance guarantees that are offered.
Although we never anticipate performance issues, we are agreeable to establishing mutually agreed upon
performance guarantees. Annually, Brown & Brown can provide a client satisfaction survey with your key internal
stakeholders to measure how well we have stewarded your trust and helped the City of Tempe to accomplish the
health and welfare program objectives.
Fees at Risk:
long-
term strategies.
2%
Evaluate and provide plan design recommendations, benchmarking, best
practices, and trending of plans and costs.
2%
Provide guidance on regulatory compliance with ACA, COBRA, HIPAA, and
Section 125; and any other related Federal or State regulations relating to the
company health & welfare plan.
2%
Negotiate the best value with vendors.
2%
Meet service level expectations by providing exceptional client service/support
and carrier/vendor ongoing maintenance
2%
Total Annual Compensation at Risk
10%
*The above performance guarantees are for illustrative purposes only. We prefer to collectively discuss what
objective to measure and apply values in accordance with your objectives.
19. Describe how your firm will participate with the procurement and evaluation for the various employee
benefit contracts noted herein.
As evidenced by our ongoing support for the past 10 years, Brown & Brown will continue participating in all aspects
of the procurement process. From RFP planning to guidance on applicable questions, proposal evaluation, vendor
coordination, committee involvement, and facilitation, you should expect that we will continue supporting the City of
Tempe in the same manner as we do currently. There is no additional cost for procurement support or
marketing.
20. Describe what differentiates your company and program from others?
We believe that our comprehensive, all-inclusive employee benefit consulting offering goes above and beyond most
insurance brokerages and is what differentiates Brown & Brown vs. our competitors. The best way for us to explain
how Brown & Brown is differentiating ourselves from other consulting firms is to tell you how and why we are winning
new clients. Time and time again our clients are telling us that they chose Brown & Brown because of one or a
combination of the following reasons:
Innovation & Creativity - Risk Pool Management Strategy
Brown & Brown is not the typical consulting firm that follows industry standards. We challenge the status quo, and
we challenge our clients. We do not just follow carrier benchmarks as most of the time they are in the insurance
and creative and has proven to lower
medical/pharmacy spend and ongoing trend for our clients.
So, what is Risk Pool Management? It starts by addressing employee choice before utilization to create healthier
and more efficient risk pools which leads to lower total cost. We understand the importance of focusing on the
choices individuals are making to enroll in your medical plan before the City of Tempe spends one dollar.
Risk Pool Management is one of the fundamental principles we address with the City of Tempe whereas other
consulting firms focus on addressing utilization habits first. Your risk pool is comprised of the employees and
dependents in your medical plan. Your risk pool is dictated by the choice you offer your employees, how they
choose, and then how they utilize your medical plan. We have found that most employers are inviting the less
healthy individuals to be on their health plan or have encouraged adverse selection between plan designs. This is
due to misaligned plan design values, employee contributions, and plan tier/budget structures.
We will continue to evaluate your plan designs, benefit plan values, employee/employer premium and contribution
strategies, and employee tier structures. We will then help you effectively align these items to ensure your risk pool
pool of participants. This is one of the reasons why many of our clients are running well below standard medical
trend nationally.
Auditors First
We are skilled auditors who listen, do our homework, and transform data into smart solutions. Everything we do
and all decisions we make will be driven by your claims information and the culture of your organization. Once we
know WHY your plan is running the way it is, then we can implement a strategic plan to determine HOW we are
going to structure a plan of attack to resolve whatever it is that is driving your plan s costs. We focus on the WHY!
We are very good at what we do because of the reporting analytics available through our proprietary Health Plan
Intelligence (HPI) reporting tool. We are experts at building efficient medical/pharmacy plans to meet your financial,
recruitment, and retention needs. Our financial strategies empower our clients to obtain real results.
Our People & Integrity
The integrity of the individuals at Brown & Brown is one of our key differentiators. Brown & Brown strives to hire
honest professionals who demonstrate ethical standards on behalf of our clients and the insurance marketplace at
all times and in all places. We are individuals of integrity and care about the results we deliver for our clients.
Service with a Sense of Urgency
Your Brown & Brown service team is a clear differentiator from our peers. Today, HR departments and leadership
are being stretched more than ever and we view our service role as a literal extension of your HR department. We
challenge of managing rising benefit costs.
provide you with an answer to an inquiry, we will call, email, or even text you and let you know the status by
sundown. We will make every effort to have an answer or resolve the benefits issue within the then-required 24-48
hours.
Your Brown & Brown service team will deliver a customized service package for the City of Tempe and will have
the focus and experience to guide you through the ever-changing employee benefits environment.
Pricing Section
Pricing shall be inclusive of all costs including, but not limited to, all items listed in the Scope of Work, labor, travel time,
travel expenses, vehicle expense, copying costs, printing costs, mailing costs, etc. The years indicated correspond to
term. Firm, fixed pricing will not be subject to any increases.
Description
7-1-2023 thru
6-30-2025
7-1-2025 thru
6-30-2027
7-1-2027 thru
6-30-2029
Fixed monthly fee for all requested services
$5,750.00
$5,865.00
$6,000.00
Hourly rate for any requested services beyond
the Scope of Work
$300.00
$300.00
$300.00
* Applicable Tax 0 %
* State correct jurisdiction to receive sales tax on the Vendor's Offer, included in this Request for Proposal.
Less prompt payments discount terms of 0 % 0 days/ or net thirty (30) days. (To apply after receipt and acceptance of an
itemized monthly statement.) For evaluation purposes, the City cannot utilize pricing discounts based upon payments being
made in less than thirty (30) days from receipt of the statement.
Ordering and Invoice Instructions
Invoices shall be issued directly to the ordering department. Invoices shall be accurate and complete including the
information shown below. Failure to provide a properly documented invoice may cause a delay in receipt of payment. The
City will not process an invoice for payment until it has been approved by the ordering department and forwarded to Accounts
Payable. The City endeavors to process invoices within 30 days after receipt of an accurate and complete document.
Invoices shall include:
1.
Line-item listing of all ordered items to include a description of items;
2.
Unit cost and extended cost for each line item;
3.
Applicable Tax;
4.
Payment Terms;
5.
Purchase order number;
6.
Name of selling organization is clearly stated on invoice along with the address;
7.
Phone number and or e-mail address for contact person to clarify invoicing questions;
Invoices that do not follow the above minimum invoicing requirements will not be paid. Payment must be applied to only
invoices referenced on the check/payment stub. The City reserves the right to process payments via check or P-Card.
Accounting Contacts:
Carey Alf
Letters A
H and Numbers
Carlene Foster
Letters I
Z
Yesenia Loredo-Flores
General AP Inquiries and AP Checks
Offeror must complete, sign, and submit this form to the Procurement Office with the proposal response. An unsigned
rejected. Offeror is to type or legibly write in ink all information required below. A scanned copy of this page is acceptable.
Company Name:
Brown & Brown Insurance of Arizona, Inc.
Company Purchase Order Mailing Address:
Street Address:
2800 N. Central Ave., Suite 1100
City, State, Zip:
Phoenix, AZ 85004
Contact Person:
Charlie Broucek
Phone Number:
602/977-3806
E-mail Address:
charlie.broucek@bbrown.com
Cell Number:
602/692-3564
Remit to Information
Company Name (as it appears on invoice):
Brown & Brown of Arizona, Inc.
Company Payment Remit to Address:
Street Address:
PO Box 743142
City, State, Zip:
Los Angeles, CA 90074-3142
Company Tax Information
If a Tempe-based firm, provide Tempe Transaction Privilege (Sales) Tax No.:
Payment Options
Yes
No
X
Will your company accept Payment via ACH (Automated Clearing House) for payment?
Yes
X
No
THIS PROPOSAL IS OFFERED BY
REQUIRED SIGNATURE OF AUTHORIZED OFFEROR
By signing
prices offered were independently developed without consultation with any other Offeror or potential Offeror. Failure to sign
and return this form with proposal response will be considered nonresponsive and rejected.
Charles W. Broucek III
12/14/2022
Signature of Authorized Offer
Date
Charles W. Broucek III
SVP
Print or Type Name of Authorized Individual
Title of Authorized Individual
Anti-Discrimination Policy
ORDINANCE NO. 02016.25
_________________________________________________
The Tempe City Council approved Ordinance No. 02016.25 that requires vendors who are being recommended for
low:
Sec. 2-601. Policy.
It is declared to be the policy for the citizens of Tempe, Arizona, to be free from discrimination in public
accommodations, employment, and housing, and contrary to public policy and unlawful to discriminate against any
person on the basis of race, color, gender, gender identify, sexual orientation, religion, national origin, familial status,
age, disability, or United States military veteran status, in places of public accommodation, employment, and
housing; and contrary to the policy of the city and unlawful for vendors and contractors doing business with the city
to discriminate, as set forth in this article.
Sec. 2-603. Unlawful Practices.
The following shall constitute a violation of this article:
For a city vendor or city contractor, because of race, color, gender, gender identify, sexual orientation, religion,
national origin, familial status, age, disability, or United States military veteran status, to refuse to hire or employ or
bar or discharge from employment any person, or to discriminate against such person in compensation, conditions,
or privileges or employment. City vendors and contractors of fifteen (15) or more employees shall provide a copy of
its antidiscrimination policy to the Procurement Officer to confirm compliance with this article. Employers having
fourteen (14) or less employees may attest in writing to compliance with this article.
Vendor Requirements
Vendors who have fifteen (15) or more employees shall include with their bid/proposal submittal a copy of its
employees may include their antidiscrimination policy or complete a written affidavit of compliance per the attached.
To be completed by responding company and returned with submittal:
X
Our company has 15 or more employees and has included its antidiscrimination policy that mirrors the
_____
Our company has fourteen (14) or less employees and is attaching the signed AFFIDAVIT OF
COMPLIANCE WITH TEMPE CITY CODE CHAPTER 2 ARTICLE VIII SECTION 2-603(5).
ted affidavit with offer
submittal
Affidavit of Compliance with House Bill 2488
AFFIDAVIT OF COMPLIANCE WITH HOUSE BILL 2488
SUPPLIER AGREES TO NOT USE THE FORCED LABOR OF ETHNIC UYGHURS IN THE
_________________________________________________
Per House Bill 2488 approved by the Arizona Legislature, this law stipulates that a public entity may not enter into
or renew a contract with a company for the acquisition or disposition of supplies, services, goods, information
technology or construction unless the contract includes written certification that the company does not currently,
and agrees for the duration of the contract that it will not, use:
Any services or goods produce
and
Any suppliers, contractors, or sub-contractors that use the forced labor of any services or goods produce
Based on the above, the supplier certifies:
I hereby certify Brown & Brown Insurance of Arizona, Inc. (contractor/vendor) to be in compliance with Arizona
House Bill 2488
Charles W. Broucek III
12/14/2022
Signature Date
Charles W. Broucek III
SVP
Print Name
Title
Brown & Brown Insurance of Arizona, Inc.
Company
Supplier Sustainability Questionnaire
The City of Tempe is strongly committed to sustainable practices and programs that help build a vibrant and resilient
community. The City accomplishes this through a variety of innovative programs, including water and energy conservation,
recycling, composting, alternative transportation, sustainable business practices and environmental stewardship. Tempe
recently established its 2019 Climate Action Plan (CAP) that provides a guideline for how the City will take local action on
global climate change by reducing its greenhouse gas (GHG) emissions and adapting to the changing climate. The Climate
ble and resilient future that will benefit the entire City.
The City has strengthened its commitment to sustainability by adopting a new carbon neutrality goal by 2050 and a strategy
of sourcing 100 percent of its electricity from renewable sources by 203
sustainability, please visit https://www.tempe.gov/government/sustainable-tempe.
To further this commitment, the City has developed a Sustainable Procurement Policy that provides specific guidelines for
how these important sustainable practices and programs will be reflected in contract award decisions. By partnering with
companies who share these sustainability goals, the City will be able to significantly enhance sustainable outcomes.
To support these efforts, the following Supplier Sustainability Questionnaire has been developed that will allow the City to
ctices and initiatives. This
questionnaire has two sections
a section to understand what your company is doing regarding sustainable actions and a
section to understand the specific sustainable attributes of the product or service that you are offering.
Item
Question
Response
Corporate Sustainable Actions
1.
What sustainability guidelines or environmental statement does
your company have to guide the company as a whole? Please
include a link.
As a forever company, sustainability is part
of who we are as an organization. As we
continue to grow and evolve, so does our
-
being. Exhibit #8
Brown & Brown 2022
ESG Report. This report will be
completed annually in conjunction with
our Annual Report. This will challenge us
to become an even better world partner and
enable us to improve our communication
and transparency in all we do. We are
making progress in evaluating our risks and
opportunities around climate, considering
the long-term implications of the COVID-19
pandemic, and incorporating ESG
standards and priorities into our current and
future plans and projects.
2.
What is your company doing to be more energy efficient?
One recent example is the construction of
our Daytona Beach, Florida headquarters,
which was completed in 2020. Throughout
the planning phase, we utilized principles of
sustainable building design
from installing
high-efficiency water chillers that cool the
building to employing economizer modes on
all air handling systems to provide free
cooling during mild weather, to choosing the
energy-efficient insulating glass that allows
more natural light into the building and
improves thermal efficiency. The building
also features energy-efficient LED lighting
that exceeds the energy code requirement
0.6 to 0.7 watts per square foot instead of 1
watt per square foot
along with meeting
the desired lighting levels. Lighting controls
such as motion sensors, daylight
harvesting sensors, and dimmer switches
increase energy efficiency by automatically
turning off the lights at set scheduled times.
While this is one example, many of our
offices have taken steps to become more
energy efficient.
3.
What is your company doing to reduce greenhouse gas
emissions?
In our Phoenix, Arizona office and most of
the offices within Brown & Brown, we have
a hybrid work schedule. Most teammates
work 3 days in the office and 2 days from
home. In Phoenix alone with approximately
100 teammates, we are reducing total
commutes by 200 thus reducing
greenhouse gas emissions. Additionally,
we are light rail service on Central Avenue
and have just launched a new carpool
program. Lastly and like many
organizations, we are doing more meetings
virtually which too has an impact emission.
4.
What is your company doing to reduce waste transferred to
landfills?
We utilize a cloud-based document storage
environment which has greatly reduced the
volume of printing both locally in the
Phoenix, Arizona office and nationally.
Additionally, we recently switched our
document shredding service to ASDD
Document Destruction, a division of Tempe
based non-profit, The Centers for
Habilitation (TCH). ASDD ensures every
shred of paper makes its way back into the
market as reusable paper. After shredding,
all paper is transferred to a paper mill where
the shreds of paper are bleached and
turned back into consumable paper
products.
5.
What is your company doing to reduce water waste?
Please see the example given for Question
#2.
6.
What kind of effort does your company make to reduce the use of
environmentally harmful materials (such as cleaning products,
etc.)?
Our local Phoenix, Arizona office building
has been LEED Certified since 2015. The
contracted cleaning service is LEED also
certified and only utilizes environmentally
friendly cleaning products. Additionally, we
only purchase non-aerosol products and
phosphate free/non-toxic biodegradable
soap for the office. Many of our other
offices use similar services and products.
7.
Does your company take any actions to manage the sustainability
of your supply chain? If yes, please explain.
Not to my knowledge.
8.
Has your company received any environmental or sustainability-
related independent certifications or recognitions? If yes, please
explain.
Not to my knowledge.
Item
Question
Response
Product Sustainable Attributes
1.
Has your company performed an environmental life cycle analysis
on the product being offered the City? If yes, please provide
documentation
NA
W
service.
2.
Can the product being offered be refurbished, recycled, or
composted at the end of its life? If yes, please elaborate
NA
product but rather a
service.
3.
Does the product being offered include any recycled materials? If
yes, please explain.
NA
service.
4.
What measures have been taken to reduce unnecessary
packaging materials associated with the product being offered?
NA
service.
5.
What kind of reusable, recyclable, and/or compostable packaging
materials does your company use?
NA
service.
6.
Has the product been offered been rated or certified by a third-
party organization such as Energy Star, Green Seal, Leadership
in Energy and Environmental Design (LEED), Forest
Stewardship Council, etc.? If yes, please provide certification
documentation.
NA
a product but rather a
service.
7.
Please provide any additional information you would like to share
.
NA
service.
City Procurement Office/City of Tempe PO Box 5002 • 20 East 6th Street • Tempe, AZ 85280 • (480) 350-8324 www.tempe.gov/procurement
Issue Date:
12/07/2022
This addendum will modify and/or clarify:
Solicitation No.:
23-077
and is
Addendum No.:
1
Procurement Description:
Benefits Consultant
The Proposal Due Date/Time has changed to Wednesday, December 21, 2022, 3:00 P.M. Local Arizona.
The following questions were submitted in regard to the RFP and the City’s response is shown below.
1.
Is there a Trust board set up under A.R.S. § 11-981 (or some other authority) that the consultant would interact with?
The City’s employee health benefit programs are not established in a Trust and no Trust board exists for
these benefits. The City accounts for all revenue/expense activity related to the City’s employee health
programs via the Health Fund, an internal service fund.
2.
Does the city require that funding recommendations for Medical, Rx, Dental and any other self-funded benefits be
signed by an actuary? (NOTE: This is also touched upon in question 12.) Alternatively, is the City open to funding
recommendations being established using actuarial/underwriting software without a corresponding actuary’s
signature?
The City does not require that funding recommendations be signed by an actuary. We would not oppose
the utilization of actuarial/underwriting software but we would need some type of assurance that the
assumptions utilized for funding recommendations are accurate and reasonable.
3.
One of the items in the Scope of Work (page 20) reads “Monitor administrator’s actuarial and renewal
assumptions.” We are assuming by “administrator” this means Allegiance. Is that correct?
This appears to include fixed costs (perhaps PEPM or other charges for claims administration?) and prospective
funding requirements or projections. Can you clarify what is included in this questions?
If the administrator is providing some level of prospective funding projection, please clarify how the administrator’s
and consultant/actuary’s renewal funding projections for self-funded benefits interplay with those. Does one take
precedence over the other? Something else?
Our actuarial services are performed by our benefits consultant who makes recommendations regarding
setting rates, changes to plans, etc. The consultant is instrumental in assisting to monitor/review
administrative costs which includes PEPM rates among other fixed costs as well as claims cost reviews.
Our administrator is not providing prospective funding projections. Our PBM does provide cost and
trending analysis in a quarterly meeting format which is attended by our consultant.
4.
Another item reads: “Examine and report on the impacts of the City’s Wellness program on the rates and claims.”
Can you flesh out what you are looking for here? How is it being accomplished today? Are you looking for the
consultant to comment on any ROI assertions made by existing vendors? Are you looking for the consultant to
independently quantify ROI? Other?
Reporting on the impact of the City’s Wellness program by a consultant is not being accomplished today.
We have a very robust program and have recently moved to a new wellness program vendor. We are
always chasing the ability to quantify this program in any way possible and in the past have received
reporting directly from the vendor. Our current consultant is involved with weekly meetings with the new
vendor and has attended and provided comment with our previous vendor’s reporting.
5.
In the “...supplemental support functions…” section there is an item that reads: “Design and create print and/or
web-ready documents, summary plan descriptions, booklets, forms, announcements, and any other materials as
needed to communicate plan information to participants.” Are SPD’s not being provided by the current TPA’s or
other vendors? By “booklets” are you referring to carrier-supplied certificates or something else?
Addressed in Attachment A of the RFP – previous RFP Q&A
Addendum to Solicitation
6.
What is the current benefit administration system?
PeopleSoft
7.
Also in the “...supplemental support functions…”, reference is made to “Provide training and presentations to
Healthcare Wellness committees” What are examples of training and presentations that have been done for
Healthcare and Wellness Committees? At what frequency are these expected to be completed? Is the
expectation to be conducted in-person or virtual?
We currently have two committees: a Healthcare Committee and a Wellness Committee. Presentations
can be anything from presenting annual reports and projections to coordinating vendor presentations for
RFP processes. The Healthcare Committee is more active than the Wellness Committee as it reviews
various benefits (i.e. medical, dental, vision, EAP provider, employee advocate). Meetings have
traditionally been in person. Time commitments are covered in Attachment A of the RFP.
8.
This section indicates that Active City employees are eligible for benefits including a “Comprehensive Wellness
Program.” Can you clarify/expand upon the current Wellness Program?
a. What does the City’s Wellness Program currently consist of today and who are the vendors the City is
currently contracted with to administer those various components?
b. What does participation in Wellness Program look like for each program?
c.
What are the desired goals and impacts/outcomes of the Wellness Program?
d. What is the incentive strategy?
e. What is the City’s budget for Wellness Programming?
f.
What has been the most successful wellness program component that was implemented and what made it
so successful?
Attached is information regarding the City’s Wellness Program which I think should answer most of these
questions. The program is a 2-tier level reward program: Tier 1 (100 points) is a $25 deduction per
paycheck towards employee medical premiums and Tier 2 (200 points) garners a $100 gift card in addition
to the deduction.
9.
Can we get a copy of the eligibility template describing how employees of various tenures are eligible to participate
in post-employment retiree benefits?
Attached is the OPEB document addressing this question.
10.
How are medical appeals beyond Level 1 appeals resolved?
Medical appeals beyond Level 1 are resolved through a 3-person Health Plan Appeal Committee
established by the City.
11.
Question 16 asks for sample reports. Do you want these samples embedded in our response in the manner the
City embedded documents in the RFP? Or, are you looking for them as separate attachments?
Either is fine.
12.
Question 17 asks: “Describe a time when your expertise provided a significant improvement in a Client’s RFP
process…” This appears to be directed at improving the process of vendor or product selection rather than
improving the benefit plan via an RFP. Can you clarify the intent of this question?
The intent is to provide improvement in the RFP process.
13.
What are the planned major activities for the upcoming play year?
There are no new major activities planned. The most important activity are the actuarial and plan/rate review
conducted annually.
14.
What are the top three health and benefit issues facing the City of Tempe?
See Attachment A of the RFP under “pain points”
There are no other changes at this time.
Please ensure that you sign and submit this addendum by due date shown above
The balance of the specifications and bid solicitation instructions to remain the same. Bidders/Proposal Offerors are to
acknowledge receipt and acceptance of this addendum by returning of signed addendum with bid/proposal response. Failure
to sign and return an addendum prior to bid/proposal opening time and date may make the bid/proposal response non-
responsive to that portion of the solicitation as materially affected by the respective addendum.
Brown & Brown Insurance of Arizona, Inc
Charles W. Broucek III; SVP
Name of Company
By – Name and Title (Please Print)
charlie.broucek@bbrown.com
602/977-3806
Email Address
Telephone
Phoenix, Arizona 85004
Charles W. Broucek III
City, State Zip
Authorized Signature
Attachment C Incorporated herein:
OPEB Policy and Wellness Program Overview
OPEB Policy
9.24.2020.doc
City of Tempe
Program Overview Gu
Brown & Brown Insurance of Arizona, Inc.
2800 N. Central Avenue, Suite 1100
Phoenix, Arizona 85004
www.bbrown.com
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
BROWN & BROWN INSURANCE SERVICES, INC
EXHIBIT B
Scope of Work
Brown & Brown Insurance Services, Inc will provide Employee Benefit Consulting Services.
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
BROWN & BROWN INSURANCE SERVICES, INC
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
Contractor will invoice the City of Glendale monthly for Employee Benefits Consulting Services.
NOT TO EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by the
Statement of Work must not exceed $300,000 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
Fixed annual fee for requested services: $63,000
Other projects as needed: $48,000.