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2013 RFP for FMLA AdministrationTHE CITY OF SCHERTZ TEXAS REQUEST FOR PROPOSAL (RFP) for FAMILY AND MEDICAL LEAVE ACT ADMINISTRATOR SERVICES #13-HR-47-M-01 SCHIERTZ COMMUNITY* SERVICE � OPPORTUNITY 1400 SCHERTZ PARKWAY, SCHERTZ, TEXAS 78154 The City of Schertz (the "City") is accepting sealed proposals for "FAMILY AND Questions in reference to Request for Proposal procedures may be directed to the Purchasing Department, 210-619-1160, questions in reference to the technical aspects of the proposal may be directed to Joshua Smith, HR Director at 210-619-1152. All documents, including Addendums to this proposal, will be placed on the City's website at www.schertz.com , Departments, Purchasing, Open Bids. Select the Vendor Registration Instructions text and you will be directed to register as a vendor at www.PublicDurchase.com by using the "Free Registration" icon. Once you are registered you will find all documents related to this proposal, Please insure that you also register as a City of Schertz Vendor on the site. The City reserves the right to reject any or all proposals and to select the response deemed in the best interest of the City from among those received. 11 The City of Schertz is soliciting proposals from qualified firms to administer the City of Schertz's Family and Medical Leave Act (FMLA) program as an independent third-party FMLA expert. Your proposal should contain, but not be limited to the following considerations: 1. Experience — minimum of 5 years as a third-party FMLA administrator. Expertise in Federal and State of Texas FMLA tracking requirements. 2. A list of similar local governments or pertinent accounts served by your firm. 3. Your staff assignments and availability to manage FMLA requirements on a timely basis. 0 Participation of senior personnel assigned to manage our account. 0 Frequency of contact with City of Schertz HIR and Finance personnel. 4. Firm staff stability history - what assurances can you provide the City of Schertz regarding the assignment of your permanent personnel to the engagement? 5. Describe capability to provide electronic data interface, tracking tools and resources on a 24/7 basis. 6. Your fee proposal to conduct the FMLA administration function. This is considered a per-case fee, The City shall agree to make payments based on actual work performed. The proposal should also state that any increase in the fee will be immediately disclosed to the City of Schertz City Manager through the Human Resource Director. This disclosure should include an estimation of the increased fees and the reason for the increase. 7. Examples and frequency of reports that can be expected from your firm regarding FMLA tracking. The final decision of the selection of the third-party administrator firm to conduct FMLA administration and tracking will be made by the Schertz City Council. The final agreement will be in the form of a written contract with the selected firm. All questions and correspondence should be directed to Rita Duprat-Waldo in writing no later than Friday, December 6, 2013, at www,PublicPurchase.com ' or by email at Purchasing_@achertz.com. Contact with City of Schertz personnel other than Rita DuFr�it-_Waldo, Purchasing and Asset Management Director, or Joshua Smith, FIR Director, regarding this RFP may be grounds for elimination from the selection process. Sealed proposals will be accepted by the Purchasing & Asset Management Department at the City of Schertz until 10:00 a.m., on Thursday, December 12, 2013. Please direct proposals to the attention of Purchasing and Asset Management. All proposals become the property of the City of Schertz. Late proposals will be returned unopened. All proposals will become part of the requester's files without obligation. RFP's shall be submitted in sealed envelopes as referenced on the attached solicitation. Six (6) complete sets and (1) CID of the response are to be Submitted. (One (1) original marked "ORIGINAL," and four (4) copies marked "COPY 1, COPY 2, etc. etc..." of their response, complete with all supporting documentation.) RFP's submitted by facsimile (fax) or electronically WILL NOT be accepted, Submittal of a response to this Request for Proposal (RFP) constitutes an offer by the respondent. Once submitted, RFP's become the property of the City of Schertz and as such the City reserves the right to use any ideas contained in any Proposal regardless of whether that respondent1firm is selected. Submission of a Proposal in response to this solicitation, by any respondent, shall indicate that the respondent(s) has accepted the conditions contained in the RFP, unless clearly and specifically noted in the RFP submitted and confirmed in the contract between the City and the successful respondent, RFP's which do not comply with these requirements may be rejected as non-responsive at the option of the City, RFP's must be filed with the City of Schertz before the deadline day and hour. No late RFP's will be accepted. They will be returned to respondent unopened (if properly identified). Failure to meet RFP requirements may be grounds for declaring your response invalid. Ill. SCOPE OF SERVICES REQUIRED: 1. Period of work will be performed and billed on a fiscal year basis from October through September 30. (A fiscal year) 2. Scope of Work to Be Performed The FMLA firm is required to perform comprehensive FMLA administration for all eligible City of Schertz employees. The scope of the City's FMLA services, (or of any other work for which the Proposer is Engaged), can only be broadened with the express written consent of the City. The City will have the right to negotiate fees for work related to broadening the scope of any work for which the Proposer is engaged. 3. Reports to Be Issued: The selected vendor must give the FIR Director access to real time reports online. The selected firm will be required to make an immediate, written report of all irregularities and illegal acts or indications of which they become aware to the City Manager and Human Resources Director. 4. Time Requirements Proposals will be delivered to the Purchasing Department office at 10 Commercial Place, Building #1, Schertz, TX 78154 not later than 10:00 a.rn. on December 12, 2013. Once a contract has been signed, work may begin immediately to generate information sharing as required to perform the FMLA service. 5. Working Papers The firm selected shall maintain all working papers for a period of at least five years after the fiscal year end. The selected firm shall make available all original working papers for examination by authorized representatives of Federal and State agencies, the City Manager, City HR Director or City's Finance Director, and any other entity to which access has been granted in writing by the City's Finance Director. In addition, the firm shall respond to the reasonable inquiries of successor firms and allow successor firms to review working papers relating to matters of continuing FMLA significance. 6. The City of Schertz Reserves the Right: e To reject any and all proposals submitted, @ To request additional information from all proposers. kT�ATITI PLIEVVIOU IN 10010 **V After the deadline for receipt of RFPs, an evaluation committee named by the City Manager will review all proposals utilizing the evaluation criteria noted below. The Mayor and City Council reserve the right to have an outside Consultant review all proposals and make recommendations to the City. Proposals will not be publicly opened and announced. V. SELECTION PROCESS Based on the decision of the evaluation committee, firms may be short-listed for further consideration, and may be required to submit supplemental information. Additionally, after review of the findings of the evaluation committee, firms may be required to make a formal presentation before a final decision is made by City Council. amn���u The following criteria and weight factors will generally be used to evaluate the RFP: 1 . Demonstrated experience with cities of similar size (330 full-time employees) or larger and with similar operations; qualifications of staff and respective professional activities of the firm including municipal experience, technical expertise of supervisory staff available to perform work and resources readily available to the firm in key areas for the City. These key areas include experience in Municipal, State, and Federal FMILA administration. (40 points). 2. Total evaluated cost (20 points). 0 3. Responsiveness of the proposal in clearly stating an understanding of the work to be performed; responsiveness to terms and conditions, including scheduling; completeness and thoroughness of technical data and documentation, (20 points). 4. Effectiveness in Completing Third-Party Administration for FIVILA. (20 points). References and contact information on similar services frorn other municipalities or governmental agencies will be contacted to assess ability to complete engagements in a timely manner. Any awards or achievements your firm has received concerning administration of the FIVILA program. Note: Presentations/Interviews may be arranged at the discretion of the evaluation team to assist in making the final selection. Failure to make a presentation will be grounds for disqualifying the proposal. The following Items must be included as part of your RFP Submittals: Executive Summary * List local office(s) and resources, Convey your organizations plan for conferring on a regular basis with the City Human Resources Department * Overview of services proposed * Proposed work plan * Describe your organization's personnel * Specify the number of full-time employees for firm (including attorneys) * Identify the personnel who would handle the FIVILA administration for the City of Schertz * Provide biographies of key management * References * Provide at least three (3) references (entities) for which your firm provides FMLA services. These references should include the name, address, and phone number of the contact person * Explanation of fees (include a sample contract) * Any other information you consider germane to performing FIVILA administration services 6 Vill. CONTRACT AWARD The City does not guarantee that a contract (or contracts) will be awarded as a result of this RFP. In the event that a contract award is made, but the contract is not executed, the City does not guarantee that the contract will be re-awarded. IX. TERMINATION This contract may be voided by mutual agreement by the City and the independent FMLA Administrator with 90 days of written notification. Responses to the RFP must be addressed to Rita Duprat-Waldo, City of Schertz and received at the Purchasing and Asset Management Department, 10 Commercial Place, Building #1, Schertz, TX 78154, by 10:00 a.m., December 12, 2013 for consideration. One (1) original, four (4) marked copies, and one (1) electronic copy (DVD, USB, etc.) of the response must be submitted no later than this date and time in a sealed envelope indicating that its contents are in response to the "Request for Proposal, "FAMILY AND MEDICAL LEAVE ACT ADMINISTRATION SERVICES #1 3-HR-47-M-01 ". Proposals will be accepted in person, by United States Mail, or by private courier service. No RFPs will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or facsimile transmission. RFPs may be withdrawn prior to the above scheduled time set for closing. Alterations made before RFP closing must be initiated by respondents guaranteeing authenticity. RFP responses received after the deadline will he returned unopened. Hand-deliver Bids: Purchasing & Asset Management Department, 10 Commercial Place, Building #1, Schertz, TX 78154 If using Land Courier (i.e., FedEx, UPS): Purchasing & Asset Management Department, 10 Commercial Place, Building #1, Schertz, TX 78154 Envelopes must be clearly marked: .... FAMILY AND MEDICAL LEAVE ACT ADMINISTRATION SERVICES #13-HR-47-M-0111 There is no expressed or implied obligation on the part of the City of Schertz to reimburse responding firms for any expenses incurred in preparing Request for qualifications in response to the request. The City of Schertz reserves the right to refuse and reject any or all responses, and to waive any or all formalities or technicalities, and to accept the RFP to be the best and most advantageous to the City, and hold the responses for a period of 120 days without 7 taking action. Respondents are required to hold their Proposal/RFP's firm for same period of time. All requests for additional information or clarification concerning this RFP must be submitted, in writing, (via Public Purchase, fax, email or mail), no later than December 6, 2013 and addressed to: Rita Duprat-Waldo, Purchasing & Asset Management 10 Commercial Place, Bldg. #1 Schertz, TX 78154 Email: RDLIprat-Waldo@schertz.com Fax (210) 619-1169 i In Any changes, additions, or clarifications to the RFP are made by amendments (addenda) or written Q/A's. Any respondent in doubt as to the true meaning of any part of the RFP or other documents may request an interpretation from the Purchasing and Asset Management Department. At the request of the respondent, or in the event the Purchasing and Asset Management Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Asset Management Department. Clarifications to any Questions will be answered online on the Schertz Public Purchase website. Addenda will be posted for all respondents receiving the original RFP and will become part of the RFP package having the same binding effect as provisions of the original RFP. It shall be the respondent(s) responsibility to ensure that they have received all Addenda in respect to this project. Furthermore, respondents are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their Submittal. Respondent(s) signature on Addenda shall be interpreted as the respondent's "recognition and compliance to" official changes as outlined by the City of Schertz and as such are made part of the original RFP documents. Failure of any respondent to receive any such addendum or interpretation shall not relieve such Respondent from its terms and requirements. Addendums are available online at www.scliertz.coni, Departments, Purchasing, Open Bids. This link will take you to the Public Purchase site, No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted ia_�A� and must be received by the City of Schertz Purchasing and Asset Management Department no later than December 6, 2013 The City does not assume responsibility for the receipt of any addendum sent to respondents. XIII. REQUEST FOR PROPOSAL PREPARATION COSTS Issuance of this RFP does not commit the City of Schertz, in any way, to pay any costs incurred in the preparation and submission of an RFP. All costs related to the preparation and submission of this RFP shall be borne by the respondent. — .. .... .. ... .. . ....... . The Certificate of insurance should be addressed to the Risk Manager, City of Schertz, 10 Commercial Place, Building #1, Schertz, TX 78154, and should reference the operation. All Certificates of insurance shall be received and approved by the City Risk Manager and/or his/her designated representative prior to the commencement of any work. In the event the insurance coverage expires prior to the completion of this contract, a renewal certificate shall be issued thirty (30) days prior to the expiration date. The City must be notified at least thirty (30) days prior to any material change in and/or cancellation and/or non-renewals of such policies. During the term of the Agreement, the successful respondent/firm shall acquire and maintain, for the duration of the contract period the following insurances: 1. Professional Liability Insurance: coverage of at least $1,000,000 on a "Claims Made Basis". This coverage shall remain in effect for a one (1) year period following the expiration of the contract with the City. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City of Schertz. 2. Comi)rehensive Commercial General Liability: The Respondent/Selected Firm shall provide minimum limits of $1,000,000 each occurrence, $1,000,000 annual aggregate combined single limit for bodily injury and property damage liability. This shall include premises/operations, independent contractors, products, completed operations, broad form property damage, personal and advertising injury, and contractual liability, specifically confirming and insuring the indemnification and hold harmless clause of the contract. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City of Schertz and shall name the City of Schertz as an additional insured. The policy of insurance shall be written on an "occurrence" form. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City of Schertz and shall name the City of Schertz as an additional insured. 3. Umbrella/ Excess Liabilit : Respondent/Selected Firm shall provide umbrella/excess coverage with limits of no less than $1,000,000 excess of Commercial General Liability, Employer's Liability and Auto Liability. 4. Workers' Compensation: The Respond ent/Se lected Firm shall provide and maintain workers' compensation insurance for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Texas. Employer's OJ Liability insurance shall be provided in amounts not less than $1,000,000 per accident for bodily injury by accident; $1,000,000 policy limit by disease; and $1,000,000 per employee for bodily injury by disease." In addition, the contractor for Worker's Compensation Insurance shall provide a Waiver of Subrogation Endorsement. Contractor shall further insure that all of its subcontractors maintain appropriate levels of workers' compensation insurance. 5. Other Insurance Provisions: The City of Schertz is to be specifically included on all certificates of insurance (with exception to Workers Compensation) as additional insured. In addition, a Waiver of Subrogation Endorsement shall be provided by the Respondent/Selected Firm in said policy on all certificates of insurance. 6. Deductible Clause: Respondent/Selected Firm must declare self-insured retention or deductible amounts. All insurance carriers shall be published on A.M. Best Rating Guide. Unless otherwise specified, it shall be the responsibility of the contractor to insure that all subcontractors comply with the same insurance requirements spelled Out above. The City may request a copy of the insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier. All Certificates of Insurance shall be provided on the Accord Form 25. All insurance requirements are imposed and must be complied with by any and all sub-contractors, and/or lower-tier sub-contractors. Respondent agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. PINNIUMT1111"M _1 During the period between RFP submission date and the contract award, respondents, including their agents and representatives, shall not directly discuss or promote their RFP with any member of the Schertz Council or City staff except in the course of City-sponsored inquiries, briefings, interviews, or presentations. Violation of this provision may result in the rejection of the respondent's RFP. 10