HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department REQUEST FOR PROPOSAL (RFP)

Transcription

1 HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department REQUEST FOR PROPOSAL (RFP) FIREFIGHTER PHYSICAL EXAMINATIONS BASED ON THE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) 1582 STANDARD COMPREHENSIVE OCCUPATIONAL MEDICAL PROGRAM 11/9/2014

2 TABLE OF CONTENTS SECTION I. GENERAL TERMS AND CONDITIONS... 3 SECTION II. LOCAL PREFERENCE POLICY... 9 SECTION III. ADDITIONAL TERMS AND CONDITIONS FOR RFP SECTION IV. SPECIFICATIONS FOR RFP SECTION V. SCOPE OF WORK...19 SECTION VI. PROPOSAL PREPARATION...22 SECTION VII. RESPONSE FORMAT CRITERIA...23 SECTION VIII. SAMPLE EVALUATION SCORE SHEET...26 SECTION IX. SELECTION PROCESS...27 SECTION X. AWARD...27 SECTION XI. NEGOTIATIONS PROCESS...27 SECTION XII. TENTATIVE TIMELINE...28 SECTION XIII. COUNTY REPRESENTATIVE / ASSIGNED CONTACT...28 SECTION XIV. REQUEST FOR INFORMATION (RFI) CUT-OFF DATE...28 SECTION XV. OFFICIAL PROPOSAL SUBMITTAL FORM...29 SECTION XVI. ATTACHMENT A, B, C AND LOCAL PREFERENCE AFFIDAVIT...30 RFP Firefighter physical examinations based on the NFPA 1582 Page 1 of 34

3 HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department REQUEST FOR PROPOSAL (RFP) The Board of County Commissioners (BCC), Highlands County, Sebring, Florida will receive sealed proposals in the County s Purchasing Department for: RFP NO FIREFIGHTER PHYSICAL EXAMINATIONS BASED ON THE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) 1582 STANDARD MEDICAL COMPREHENSIVE PROGRAM Specifications may be obtained by downloading from our website: or by contacting: Danielle Gilbert, Purchasing Manager; 4320 George Blvd., Sebring, Florida Phone: Fax: ; or E Mail: dgilbert@hcbcc.org. Each submittal shall include one (1) original and five (5) copies and five (5) electronic forms (CD s or thumb drives) of the submission packet. Proposal envelopes must be sealed and marked with the proposal number and name so as to identify the enclosed bid. Bids must be delivered to the Highlands County Purchasing Department, 4320 George Blvd., Sebring, FL so as to reach said office no later than 2:00 P.M., THURSDAY; December 18 th, 2014, at which time they will be opened. Proposals received later than the date and time as specified will be rejected. The Board will not be responsible for the late deliveries of responses that are incorrectly addressed, delivered in person, by mail or any other type of delivery service. One or more County Commissioners may be in attendance at the bid opening. Highlands County Local Preference Policy will apply to the award of this bid. The Highlands County Board of County Commissioners (HCBCC / COUNTY) reserves the right to accept or reject any or all proposals or any parts thereof, and the determination of this award, if an award is made, will be based on the ranking of each vendor s proposal. The Board reserves the right to waive irregularities in the proposal. The Board of County Commissioners of Highlands County, Florida, does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the Board's functions, including one's access to, participation, employment or treatment in its programs or activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act or Section Florida Statutes should contact Mrs. Melissa Bruns, ADA Coordinator at: (Voice), or via Florida Relay Service 711, or by mbruns@hcbcc.org. Requests for CART or interpreter services should be made at least 24 hours in advance to permit coordination of the service. Board of County Commissioners, Highlands County, FL RFP Firefighter physical examinations based on the NFPA 1582 Page 2 of 34

4 SECTION I. GENERAL TERMS AND CONDITIONS A. All responses shall become the property of the County. B. Florida Statutes , on Drug Free Work Place, (3) (a) on Public Entity Crimes, and Section , on Discrimination, as a whole and/or as shown below, will be complied with: , Preference to businesses with drug free workplace programs: In order to have a drug free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business s policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contend ere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee s community by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of this section , Public entity crime; denial or revocation of the right to transact business with public entities: (2)(a) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases RFP Firefighter physical examinations based on the NFPA 1582 Page 3 of 34

5 of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list , Discrimination; denial or revocation of the right to transact business with public entities: (2)(a) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract or provide goods and services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with a public entity. C. Responses are due and must be received in accordance with the instructions given in the announcement page. D. The County will not reimburse respondent(s) for any costs associated with the preparation and submittal of any responses. E. Respondents, their agents and associates shall refrain from contacting or soliciting any County Official and that contact may be made ONLY with the individual(s) listed in this document for additional information and clarification. F. Due care and diligence has been exercised in the preparation of this document and all information contained herein is believed to be substantially correct; however, the responsibility for determining the full extent of the service required rest solely with those making response. Neither the County nor its representative shall be responsible for any error or omission in the responses submitted, nor for the failure on the part of the respondents to determine the full extent of the exposures. G. All timely responses meeting the specifications set forth in this document will be considered. However, respondents are cautioned to clearly indicate any deviations from these specifications. The terms and conditions contained herein are those desired by the County and preference will be given to those responses in full or substantially full compliance with them. H. Each respondent is responsible for full and complete compliance with all laws, rules and regulations including those of the Federal Government, the State of Florida and the County of Highlands. Failure or inability on the part of the respondent to have complete knowledge and intent to comply with such laws, rules and regulations shall not relieve any respondent from its obligation to honor its response and to perform completely in accordance with its response. RFP Firefighter physical examinations based on the NFPA 1582 Page 4 of 34

6 I. The County, at its discretion, reserves the right to waive minor informalities or irregularities in any responses, to reject any and all responses in whole or in part, with or without cause, and to accept that response, if any, which in its judgment will be in its best interest. J. Awards will be made to the respondents whose submittal is determined to be the most advantageous to the County, taking into consideration those responses in compliance with the requirements as set forth in this document. The Board of County Commissioners reserves the right to reject any and all responses for any reason or make no award whatsoever or request clarification of information from the respondents. K. Any interpretation, clarification, correction or change to this document will be made by written addendum issued by the Highlands County Purchasing Department. Any oral or other type of communication concerning this document shall not be binding L. Responses must be signed by an individual of the respondent s organization legally authorized to commit the respondent s organization to the performance of the product(s) and/or service(s) contemplated by this document. M. INSURANCE REQUIREMENTS FOR MAJOR CONTRACT FOR SERVICE - where unusual hazards exist or where contracts which exceed one hundred eighty (180) calendar days in duration; or where the costs exceed $500, Insurance Requirements a. Workers' Compensation - to meet statutory limits in compliance with the Workers' Compensation Law of Florida. This policy must include Employer's Liability with a limit of $100,000 each accident, $500,000 disease (policy limit), $100,000 disease each employee. b. Commercial General Liability - coverage shall provide minimum limits of liability of $3,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: * Premises/Operations * Products/Completed Operations * Broad Form Contractual Liability * Independent Contractors c. Business Auto Liability - coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: * Owned Autos RFP Firefighter physical examinations based on the NFPA 1582 Page 5 of 34

7 * Hired Autos * Non-Owned Autos d. Contractor s Bid & Payment/Performance Bond (per FS ) - coverage required for all public construction projects, and for those projects as determine by the General Services Director, or the Risk Manager, that presents a significant financial risk to the County. 2. Special Requirements a. Ten (10) days prior to the commencement of any work under the contract a certificate of insurance will be provided to the Risk Manager for review and approval. The certificate shall provide for the following: i. Highlands County, a Political Subdivision of the State of Florida and it s Elected Officials, it s Agents, Employees, and Volunteers will be named as an "Additional Insured" on both the General Liability and Auto Liability policies. ii. Highlands County will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance. Such notice will be in writing by registered mail, return receipt requested and addressed to the Risk Manager. b. An appropriate "Hold Harmless/Indemnification" clause will be made a provision of the contract. c. It is the responsibility of the contractor to insure that all subcontractors comply with all insurance requirements. d. It should be remembered that these are minimum requirements which are subject to modification in response to high hazard operations. N. If the goods or services being proposed are for an annual or a semi-annual contract period then Interlocal Agreements between Highlands County Board of County Commissioners, other State or County agencies, the Cities of Sebring and Avon Park, the Town of Lake Placid, and the Highlands County School Board, allow those entities to purchase goods and services through the County s proposals so long as such purchases will not interfere with the timely delivery of goods and services to the County in strict conformity with all specifications of its proposals. Each governmental entity will issue its own purchase orders for all purchases made and will be responsible for all payments thereof. Highlands County reserves the right to direct the successful proposer to prioritize its delivery of goods and services to the County ahead of delivery to other governmental entities purchasing under the County s proposals. O. An Indemnification Clause will be included within the contract document. RFP Firefighter physical examinations based on the NFPA 1582 Page 6 of 34

8 P. All pages included in or attached by reference to this document shall be called and constitute the proposal as stated on the front page of this document. Vendors who will not be submitting a proposal are requested to notify us and indicate why they are not bidding. Vendors who fail to respond to two or more consecutive announcements may be removed from the County s Vendor bidding list. Q. If submitting a response for more than one bid, each bid must be in a separate envelope and correctly marked. Only one Proposal per project shall be accepted from any person, corporation or firm. R. Modifications to bid submittals will not be accepted or acknowledged. S. The County is not responsible for correcting any errors or typos made on the bid response. Incorrect calculations, errors may cause the bid to be declared non-responsive. T. Bid submittals are only accepted if delivered to the location specified on the Invitation in a sealed envelope. Electronically submitted responses and faxed responses will not be accepted. U. Any blank spaces on the required bid form or the absence of required submittals or signatures may cause the bid to be declared non-responsive. V. Late bids will not be accepted under any circumstances. If bids received after the scheduled time of the bid Opening Meeting, the sender will be contacted for disposition. The Purchasing Department, at the Proposer s expense, can return the document, or, at the Proposer s request in writing, can destroy it. W. Each Bid must contain proof of enrollment in E-Verify. X. Minority Owned and Women Owned businesses must submit a copy of the certificate to receive credit. (Primary vendors only, subcontractor's certificate will not receive points) Y. The bidder will comply with the Florida Sales and Use Tax Law as it may apply to this contract. The quoted amount(s) shall include any and all Florida Sales and Use Tax payment obligations required by Florida Law of the successful bidder and/or their subcontractors or material suppliers. Z. Public Records: Any material submitted in response to this solicitation will become Public Record pursuant to Section 119, Florida Statutes. Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. Florida Statute (1)b.2. Any financial statement that an agency requires a prospective bidder to submit in order to RFP Firefighter physical examinations based on the NFPA 1582 Page 7 of 34

9 prequalify for bidding or for responding to a proposal for a road or any other public works project is exempt from s (1) and s. 24(a), Art. I of the State Constitution. These documents must clearly marked Confidential AA. If any Proposer violates or is a party to a violation of the code of ethics of Highlands County or the State of Florida, with respect to this proposal, such Proposer may be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from bidding on any future proposals for work, goods or services for the COUNTY. BB. Board policy prohibits any County employee or members of their family from receiving any gift, benefit, and/or profit resulting from any contract or purchase. Board policy also prohibits acceptance of gifts of any kind other than advertising novelties valued less than $10.00 CC. In the event of legal proceedings to enforce the terms of this agreement the prevailing party will be entitled to legal fees. Venue is in Highlands County, Florida. DD. PROTEST: Any person who is adversely affected by the County s decision or intended decision has 72 hours to file a written notice of protest. The formal protest shall be filed within 10 days of the notice of protest filed. Saturdays, Sundays and state holidays shall be excluded from the computation of the 72-hour time periods. The protest will be reviewed and investigated by the Purchasing Department. Failure to file a protest within the time prescribed in section (3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statues. -END OF SECTION- RFP Firefighter physical examinations based on the NFPA 1582 Page 8 of 34

10 SECTION II. LOCAL PREFERENCE POLICY BOARD ADOPTED PURCHASING MANUAL 08/13/2002 APPROVED 09/23/2008 SECTION 2 POLICIES ADDITION OF SUBSECTION 110 LOCAL PREFERENCE 110 Local Preference Allowance of a Local Preference Intent and Purpose The intent and purpose of the Highlands County Local Preference in Purchasing is to establish a written policy that allows the authorized purchasing authority of the County to give a preference to local businesses Acknowledgements Any type of procurement done by the County staff to which the provisions of this subsection are being applied will contain a statement that a local preference will be used in the evaluation and award of that purchase Preference in Bidding In purchasing, or contracting for procurement of, tangible personal property, materials, contractual services, and construction of improvements to real property or existing structures, the authorized purchasing authority of the County will give a preference to local businesses in making such purchases or awarding such contracts, in an amount of five (5) percent of the total purchase price under $250,000.00; four (4) percent from $250, to less than $1,000,000.00; three (3) percent from $1,000, to less than $2,000,000.00; and two (2) percent for purchases $2,000, and over with a maximum cost differential that shall not exceed $80, For purposes of this subsection total purchase price shall include the base bid and all alternatives or options to the base bid which are being awarded by the authorized purchasing authority of the County Preference in (RFP) Requests for Proposals In purchasing, or contracting for procurement of, tangible personal property, materials, contractual services, and construction of improvements to real property or existing structures for which a request for proposals is developed with evaluation criteria, a local preference of not more than five (5) percent of the total score will be assigned for a local preference. Based upon analysis of the market place for each project, staff shall make a determination for inclusion of a local preference in the criteria for consideration for each request for proposal Notice All procurement documents including but not limited to bid documents and request for proposal documents shall include a notice to vendors of the County s Local Preference Policy Local Business Definition RFP Firefighter physical examinations based on the NFPA 1582 Page 9 of 34

11 For purposes of this subsection, "local business" shall mean a business which: (1) Has had a fixed office or distribution point located in and having a street address within Highlands County for at least twelve (12) months immediately prior to the issuance of the request for quotations, competitive bids or request for proposals by the County; and (2) Holds any business license required by the County, and/or, if applicable, the Municipalities; and (3) Employs at least one full-time employee, or two part-time employees whose primary residence is in Highlands County, or, if the business has no employees, the business shall be at least fifty (50) percent owned by one or more persons whose primary residence is in Highlands County Certification Any vendor claiming to be a local business as defined by Section above shall deliver a written certification to the County Purchasing Department. The certification shall certify that the business is a local business as that term is defined in Section above, shall provide all necessary information establishing that fact, and shall be signed under penalties of perjury. It is also the responsibility of any vendor claiming to be a local business, as defined by Section above, to include a copy of its certification in its bid or proposal. The Purchasing Department shall be required to verify the accuracy of any such certifications when determining whether a vendor meets the definition of a "local business." Exceptions to Local Preference Policy (a) The procurement preference set forth in this policy shall not apply to any of the following purchases or contracts: (1) Goods or services provided under a cooperative purchasing agreement or interlocal agreement; (2) Contracts for professional services procurement of which is subject to the (CCNA) Consultants Competitive Negotiation Act or subject to any competitive consultant selection policy or procedure adopted by or utilized by the Board of County Commissioners; (3) Purchases or contracts which are funded, in whole or part, by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of that preference; (4) Purchases made or contracts let under emergency or noncompetitive situations or for litigation related legal services. (b) Application of local preference to a particular purchase, contract, or category of contracts for which the Board of County Commissioners is the awarding authority may be waived upon written justification and recommendation by the County Administrator, Assistant County Administrator or General Services Purchasing Director. (c) The local preference established in this policy does not prohibit or lessen the right of the Board of County Commissioners and General Services Purchasing staff to compare quality or fitness for use of supplies, materials, equipment, and services proposed for purchase and to compare qualifications, character, responsibility, and fitness of all persons and entities submitting quotations, bids or proposals. (d) The local preference established in this policy does not prohibit the Board of County Commissioners from giving any other preference permitted by law, in addition to the local preference authorized in this policy Application and Enforcement of Preference Policy RFP Firefighter physical examinations based on the NFPA 1582 Page 10 of 34

12 (a) The local preference established in this policy shall apply to new quotations, contracts and procurements solicited after the effective date of the policy. (b) This policy shall be implemented in a fashion consistent with otherwise applicable County purchasing policies and procedures Promulgation of Rules (a) The County Administrator, Assistant County Administrator, or General Services Purchasing Director are hereby authorized to adopt administrative rules supplemental to the provisions of this policy as deemed necessary and appropriate to implement the provisions of this policy. (b) The provisions of this policy and the rules adopted by the County Administrator, Assistant County Administrator, or General Services Purchasing Director shall be provided to potential bidders, vendors, and contractors to the widest extent practicable. -END OF SECTION- RFP Firefighter physical examinations based on the NFPA 1582 Page 11 of 34

13 SECTION III. ADDITIONAL TERMS AND CONDITIONS FOR RFP A. RESERVATION OF RIGHTS This RFP constitutes only an invitation to submit a proposal to the Board. The Board reserves, holds and may in its own discretion, exercise any or all of the following rights and options with respect to this RFP: 1. To supplement, amend or otherwise modify this RFP, and to cancel this RFP with or without the substitution of another ITB or a Request For Proposal (RFP). 2. To issue additional subsequent ITBs or RFPs. 3. The Board reserves the right to determine, in its sole discretion, whether any aspect of the submitted proposals is satisfactory to meet the criteria established in this document, the right to seek clarification and/or additional information from any submitting Vendor. 4. The Board also reserves the right to modify the scope of work for this project 5. The Board shall have no liability to any Vendor for any costs or expenses incurred in connection with the preparation and submittal of a proposal in response to this RFP. 6. To reject any or all incomplete (non-responsive) responses, or responses with errors. 7. If the County believes that collusion exists among Proposers, all proposals will be rejected. 8. Contract/Agreement resulting from this solicitation may also be used by the Highlands County Sheriff s Office and / or any other Highlands County governmental entity or organization via Piggy-Back orders upon mutual agreement between the parties. 9. Award will be based on the best interest of the County. B. ADDENDUMS In this RFP the Board has attempted to address most situations that may occur. However, should situations arise that are not addressed, they will be dealt with on a case by case basis, at the discretion of the Board. If deemed necessary, the Purchasing Department will supplement this RFP document with Addendums. These Addendums will be posted on the County s website, It is the sole responsibility of the Vendor to check the website for Addendums. Proposers must acknowledge receipt of Addendums by completing the respective section on the bid/proposal submittal form. See page 28. C. AFFIRMATION By submitting a proposal, the Proposer affirms that the proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. The Proposer has not directly or indirectly induced or solicited any other person to submit a false or sham proposal. The Proposer has not solicited or induced any person, firm or corporation to refrain from submitting a proposal; and the RFP Firefighter physical examinations based on the NFPA 1582 Page 12 of 34

14 Proposer has not sought by collusion to obtain for him/herself any advantage over other persons or over the County. D. COUNTY EMPLOYEES / CONFLICT OF INTEREST All Proposers must disclose the name of any officer, director or agent who is also an employee of the Highlands County Board of County Commissioners (HCBCC). All Proposers must disclose the name of any HCBCC employee who owns, directly or indirectly, any interest in the Proposers' business or any of its branches. E. JOINT RESPONSES In the event multiple vendors submit a joint proposal in response to this RFP, a single proposer shall be identified as primary vendor. The primary vendor must include the name, address and contact information of all parties of the joint proposal. Primary vendor shall provide all bonding insurance requirements, execute any contract, sign the proposal and have overall and complete accountability to resolve any dispute arising within the contract. Only a single contract with one vendor will be acceptable. Invoices will be accepted from and paid to the primary vendor only. Primary vendor shall remain responsible for performing services associated with response to this RFP. F. MISUNDERSTANDINGS The failure or omission of the Vendor to receive or examine any instruction or document, or any part of the specifications, or to visit the site and acquaint themselves as to the nature and location of the work (where applicable), the general and local conditions, and all matters which may in any way affect performance shall not relieve the vendor of any obligation to perform as specified herein. The vendor understands the intent and purpose thereof and their obligations and will not make any claim for, or have any right to damages resulting from any misunderstanding or misinterpretation of this document, or because of any lack of information. G. ASSIGNMENT OF CONTRACT The Vendor shall not assign, transfer, convey, sublet or sell any portion of this contract unless permission is first given by the County Representative. All matters dealing with these actions must be conducted in written format. H. VENDOR COMPLAINTS Complaints against the vendor will be processed thru the Purchasing Department and are to be corrected within five (5) business days. Written response to the Purchasing Department is required. Failure to properly resolve complaints within five (5) business days may result in cancellation of contract or agreement. Repeat complaints against the Contractor may result in termination of contract. I. EXEMPTIONS / ITEMS NOT IDENTIFIED IN THE SCOPE OF WORK Any modification to these specifications by a Proposer shall be an exception to the bid and must be discussed in detail by the Proposer. Any work identified by any vendor or as an addendum issued shall be priced and detailed by scope on the attached bid form under Exemptions / Items not identified in scope of work." RFP Firefighter physical examinations based on the NFPA 1582 Page 13 of 34

15 J. REQUEST FOR CHANGE OF SPECIFICATIONS Requests for changes to specifications must be submitted in writing to the designated contact for this RFP for consideration. Requests must be submitted by the RFI Cut-off date described in Section XIV. K. DOCUMENTATION RESULTING FROM SERVICES RENDERED The Proposer will be prohibited from publishing or releasing any information related to the requested services without the prior written permission from the County. All reports, documents resulting from the ensuing contract will remain the sole property of the County. -END OF SECTION- RFP Firefighter physical examinations based on the NFPA 1582 Page 14 of 34

16 SECTION IV. SPECIFICATIONS FOR RFP A. OVERVIEW / PURPOSE OF THIS SOLICITATION Highlands County is requesting proposals from Board Certified Physicians to provide annual firefighter physical examinations/screenings to Highlands County Emergency Operation employees, volunteers, and hazmat team members. The medical requirements are based on National Fire Protection Association (NFPA) 1582 and on in-depth consideration of essential functions. These essential functions are what members are expected to perform at emergency incidents and are derived from the performance objectives stated in NFPA 1001, Standard for Firefighting Professional Qualifications. Specifications have been prepared and are included herein. The successful Proposer (hereinafter called Contractor ) shall execute an appropriate contract with Highlands County. The successful Proposer shall provide physical exams to Highlands County Emergency Operations on an annual basis. The medical requirements are based on National Fire Protection Association (NFPA) 1582 and on in-depth consideration of essential functions. These essential functions are what members are expected to perform at emergency incidents and are derived from the performance objectives stated in NFPA 1001, Standard for firefighting Professional Qualifications. Cancer rates among firefighters are above the national rates of the civilian population due to their increased exposures to hazardous substances, Due to this increased risk, screening for prostate and colon cancers is added to the yearly physical examinations for firefighters age 40 and older. Firefighters that are members of the HazMat team are at even greater risk due to their possible exposure to chemicals. Additions screening for various types of metals are added to these firefighters yearly physical examinations. For the purpose of conducting a medical examination, a physician should have an understanding on the environmental, physical, and psychological demands placed on firefighters on a daily basis. Additionally, physicians performing physical examinations on firefighters should have an understanding of NPFA 1582 standards. Currently there are approximately 250 volunteers, 10 paid, and approximately 20 haz-mat team members, 10 of which are volunteers, 10 are either paid firefighters or EOC staff and/or EMS personnel. B. RESPONSE DUE DATE AND LOCATION As described on the Announcement sheet. (Page 2 of this document) C. TERMS OF CONTRACT This agreement shall become effective upon bilateral execution of a contract that may result from this solicitation. RFP Firefighter physical examinations based on the NFPA 1582 Page 15 of 34

17 1. The initial contract period is three (3) years, and may be renewed once for three (3) additional years at the discretion of the Contractor and the Highlands County Board of Commissioners Purchasing Manager. 2. Rates remain fixed for the initial term. The contract price quoted for services might be negotiated for the second term. 3. Highlands County s fiscal year runs from October 1 st through September 30 th. In order to align service delivery with the fiscal year period, the successful Proposer will be expected to perform the annual physicals each year. 4. Any proposed change in this contract shall be submitted to the Purchasing Department for prior approval and then will make the change by a contract modification. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. 5. Work shall commence after issuance of a Purchase Order or after receipt of a Notice to Proceed. 6. Contractor shall perform all services identified in this RFP's Scope of Work. D. LOCAL PREFERENCE Local Preference will be applied to this bid. E. INSURANCE As described in the General Terms and Conditions, Section I. Paragraph M. Additionally, medical malpractice insurance is required. Malpractice Insurance Requirements: Contractor shall purchase and maintain medical malpractice/errors and omissions insurance with minimum limits of $3,000,000 per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. Contractor is responsible for the amount of any deductible or self-insured retention. F. PRE-PROPOSAL MEETING Pre-Proposal meeting will not be held for this solicitation. G. PRICING Pricing shall be included with the proposal; the pricing schedule template must be used to provide pricing. (See Pg. 30, 31 and 32) H. INVOICING / COMPENSATION Contractor shall submit invoices for services rendered to the County Emergency Operations Center on a monthly basis, no later than five (5) working days at the end of RFP Firefighter physical examinations based on the NFPA 1582 Page 16 of 34

18 each month. Each invoice shall set forth the number of examination completed by the Contractor s employees during the month and the total amount due to Contractor and names of individuals that received physicals. The County shall pay each invoice within thirty (30) days after the invoice is submitted, with all required supporting documentation. I. FAILURE TO PERFORM The Vendor shall be prepared to start providing services within 14 days after Board approval of the signed contract. Failure to complete the work as scheduled will result in written notice to the Contractor terminating its right to proceed as to the whole or any part of the contract. Should the vendor be unable to supply services within reasonable a reasonable timeframe to or refuse to supply service, County is forced to do the work with services bought from a different Contractor, the difference in the contracted price of the services and that paid the new vendor, in order to do the work, shall be charged to and paid for by the contracted vendor holding the proposal award for these services. Contractor shall not, however, be responsible for delays in service due to: Strikes Acts of God Fire Provided the Highlands County Purchasing Manager is notified in writing by the contracted vendor of such pending or actual delay. In the event of any delay, the date of service completion shall be extended for a period equal to the time lost due to the reason for the delay. J. TERMINATION Either party may, upon providing thirty (30) days written notice, terminate the Contract at any time, with or without cause. Upon thirty (30) day notice of termination by either party, the County shall be liable only for payment in accordance with the provisions of the Contract for the services performed prior to the effective date of termination. The employment by Contractor of unauthorized aliens in violation of Section 274A of the Immigration and Nationality Act of 1986, as from time to time amended, shall constitute an event of default by Contractor, and upon the occurrence of any event of default, all obligations on the part of the County to make any further payment of funds pursuant to the Contract shall, if the County so elects, terminate, and the County may, at its option, terminate the Contract for cause, but the County may make any payments or parts of payments after the happening of any event of default without thereby waiving the right to exercise any remedy which it may have, and without becoming liable to make any further payment. K. LICENSES / PERMITS All fees, permits, certifications and licenses are the responsibility of the Contractor and shall be included in the contract price. Any of the Contractor s personnel who perform services shall be lawfully licensed and certified. RFP Firefighter physical examinations based on the NFPA 1582 Page 17 of 34

19 L. COMPLIANCE WITH LAWS Each party warrants it shall comply with, and all work performed shall comply with, all applicable federal, state and local laws, rules, regulations or orders issued by any public authority having jurisdiction over the services being provided. Contractor shall assign and the County shall accept assignment of qualified personnel to work regardless of race, religion, color, sex, age, sexual orientation, national origin, physical or mental disability, marital status, veteran status or any other factor prohibited by law. M. INDEPENDENT CONTRACTOR Contractor shall act solely as an independent contractor and nothing shall be construed to give Contractor the power or authority to act for, bind, or commit the HCBCC. Nothing herein shall be construed to create the relationship of employer and employee, partnership, principal or agent or joint venture between the HCBCC and Contractor. Contractor s employees are not entitled to any of HCBCC s employee benefits. Contractor shall pay all salaries, wages, benefits, payroll and other taxes for all of Contractor s employees services in connection with this RFP. Contractor shall carry worker s compensation insurance and shall be responsible for all obligations, reports and deductions required by federal, state and local law. In the event of an accident involving a Contractor employee, that employee will file claims with Contractor. -END OF SECTION- RFP Firefighter physical examinations based on the NFPA 1582 Page 18 of 34

20 SECTION V. SCOPE OF WORK A. The Scope of Services shall include complete physical assessments as outlines in each of the following examination lists: a) Firefighter Physical Examination (Attachment A, see pg. 30) b) HazMat Examination Exposure Testing (Attachment B, see pg. 31) c) Additional Services (Attachment C, see pg. 32) All prospective firefighter candidates start with a pre-employment or pre-volunteer physical in order to establish a baseline and determine the candidate s ability to perform the duties of a firefighter. For the purpose of conducting a medical examination, a physician should have an understanding of the environmental, physical and psychological demands placed on firefighters on a daily basis. Additionally, physician performing physical examinations on firefighters should have an understanding of NFPA These essential functions are what members are expected to perform at emergency incidents and are derived from the performance objectives stated in NFPA 1001, Standard for firefighting Professional Qualifications. When making his/her assessment of candidate/personnel s ability to perform the job, the factors the physician needs to take into consideration includes but are not limited to: Operating both as a member of a team and independently at incidents of uncertain 1 duration. 2 Spending extensive time outside exposed to the elements. Tolerating extreme fluctuations in temperature while performing duties. Firefighters are often required to perform physically demanding work in hot (up to 400F); humid (up to 3 100%) atmospheres while wearing equipment that significantly impairs body -cooling mechanisms. 4 Experiencing frequent transition from hot to cold and from humid to d ry atmosphere. 5 Working in wet or muddy areas. Performing a variety of tasks on slippery, hazardous surfaces such as on rooftops or 6 from ladders. 7 Working in areas where sustaining traumatic or thermal injuries is possible. Facing exposure to carcinogenic dusts, such as asbestos, toxic substances such as 8 hydrogen cyanide, acids, carbon monoxide, or organic solvents, either through inhalation or skin contact. 9 Facing exposure to infectious agents such as Hepatitis or HIV. Wearing personal protective equipment (PPE) that weighs approximately 50lbs while performing 10 firefighting tasks. 11 Performing physically demanding work while wearing positive-pressure breathing equipment. 12 Performing complex tasks during life-threatening emergencies. 13 Working for long periods of time requiring sustained physical activity and intense concentration. 14 Facing life-or-death decisions during emergency conditions. RFP Firefighter physical examinations based on the NFPA 1582 Page 19 of 34

21 15 Being exposed to grotesque sights and smells associated with major trauma and burn victims. Making rapid transitions from rest to near-maximal exertion without warm-up periods. Operating in 16 environments of high noise, poor visibility, limited mobility, at heights, and in enclosed or confined spaces. 17 Using manual and power tools in the performance of duties. Relying on senses of sight, hearing, smells, and touch to help determine the nature of the 18 emergency, maintain personal safety, and to make critical decisions in a confused, chaotic, and potentially life-threatening environment throughout the duration of the operation. A comprehensive medical examination to include a health risk assessment, a complete medical history review to determine any health conditions that would prevent, or could be aggravated by, performing the duties of the position, including but not limited to, the ability to carry equipment, wear protective equipment/clothing and meet the physical and psychological demands of the firefighter position. This medical history shall also include any significant changes, job related exposures and new symptoms since the previous physical. The Annual Exams shall meet the recommendations of the latest NFPA 1582 adopted by the State of Florida, shall be given by a physician, surgeon, or physician assistant licensed to practice in the State of Florida pursuant to Chapter 458, F.S.; an osteopathic physician, surgeon, or physician assistant licensed to practice in the State of Florida pursuant to Chapter 459, F.S.; or an advanced registered nurse practitioner licensed to practice in the State of Florida pursuant to Chapter 464, F.S. An individual shall receive this examination within six months of the scheduled starting date of the firefighting program. Without a completed DFS-K4-1022, an individual will not be allowed to attend training or test for certification. The Physical examination must meet the following standards: (i) Compliance with NFPA 1582 Standards (current edition) (adopted by the State of Florida) (ii) Attending Physicians must be board certified and registered to practice in the state of Florida. (iii) Medical Technicians performing tests must be certified. B. MINIMUM QUALIFICATIONS The successful Proposer s physician and/or medical director shall be board certified with a minimum of (5) five years experience. The successful Proposer Project Managers and/or Supervisors shall have excellent communication skills and be capable of directing and coordinating with the designated County staff. To provide an adequate number of personnel specifically trained, experienced and licensed in the all areas of the project. The County reserves the right to direct the successful Proposer to rearrange work schedules or annual work plan to meet the immediate needs of the County. This shall include weekend work and staffing. Shall be able complete return to full duty medical evaluations RFP Firefighter physical examinations based on the NFPA 1582 Page 20 of 34

22 C. REPORTING A copy of the complete examination and test results must be provided to Highlands County Emergency Operations. A Fit-for-Duty exam report stating whether the employee is medically fit to perform the essential duties of a firefighter and provide results of Hepatitis titers/screenings, must be provided for each employee within 14 days of the exam. If the employee is found to be unfit for duty, the County shall be notified by phone within twenty four (24) hrs. of the exam, and providing a written notification with three (3) days of any tests that reveal conditions that could place the employee or teams in immediate danger by continuing unrestricted duty. The final evaluation shall be reviewed and signed by a licensed Physician. The Awarded Proposer shall provide a 30 year medical retention system for personnel covered under the contract. The Awarded Proposer shall meet mandated confidentiality requirements, regulations, and laws; Health Insurance Portability Accountability Act (HIPPA). D. SUBCONTRACTING Subcontracting and/or assigning of any and/or all portions of this agreement are subject to County review and approval. The successful Proposer shall perform required services through its own employees and volunteers or subcontractors. The successful Proposer shall include the subcontractor s name, location, equipment and personnel with the proposal submission. E. MEDICAL LABORATORY The Medical laboratory shall meet all equipment, location and personnel requirements as established by Department of Transportation regulations (49 CFR 40, 59, FR 4300, as amended) and be properly licensed. The successful Proposer shall provide a facility and certified technicians to collect blood and urine specimens. -END OF SECTION- RFP Firefighter physical examinations based on the NFPA 1582 Page 21 of 34

23 SECTION VI. PROPOSAL PREPARATION All proposals shall be typed or printed in ink. The pricing schedule template must be used to provide pricing. If errors are made, the person signing the proposal shall initial and date the corrections. Corrections after the opening of responses shall not be accepted. All proposals must be legible. Responses must be signed by an individual of the Respondent s organization legally authorized to commit the Respondent s organization to the performance of the product(s) and/or service(s) contemplated by this document. Proposer shall place the submittal in an envelope and seal it. On the front of each envelope, place the following information: SEALED PROPOSAL RFP FIREFIGHTER PHYSICALS BASED ON THE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) 1582 STANDARD COMPREHENSIVE MEDICAL PROGRAM Highlands County Board of County Commissioners Purchasing Department Company Name Presentations/ Interviews: At the discretion of the Evaluation Committee, Proposers may be asked to give short presentations / interviews as part of the selection and ranking process based on a preliminary ranking. A two week notice will be given to the invited vendors. ---END OF SECTION--- RFP Firefighter physical examinations based on the NFPA 1582 Page 22 of 34