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REQUEST FOR PROPOSAL
Health Insurance Administration Services
FSA, HSA, HRA, COBRA Administration and Retiree Billing
RFP 19-082
Arkansas Tech University Russellville Arkansas
Advisors
Tom Kane, Executive Vice President, Director – [email protected] Tyler Runnells, Vice President - [email protected]
501-377-2093
Stephens Insurance, LLC 111 Center Street
Little Rock, AR 72201
July 26, 2019
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Table of Contents
SECTION
PAGE
I. Overview 3
II.
Request for Proposal
4
III.
Scope of Services
4
IV.
Consultant, Time Table of Selection Process and Deadline
6
V. General Information Questionnaire 7
VI. VII VIII. IX. X.
Scoring Official Price List Communication Miscellaneous Requirements ATU Specific Statements/Requests
8
12
13
13
13
APPENDIX A Project Terms and Conditions 16
FR
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I. OVERVIEW
Arkansas Tech University (“ATU”) started in 1909 as a humble school enabling rural kids to gain a high school diploma and learn better agricultural practices. In the 110 years since then we’ve evolved into a dynamic center of higher learning in the heart of the Arkansas River Valley.
Arkansas Tech University is dedicated to student success, access, and excellence as a responsive campus community providing opportunities for progressive intellectual development and civic engagement. Embracing and expanding upon its technological traditions, Tech inspires and empowers members of the community to achieve their goals while striving for the betterment of Arkansas, the nation, and the world.
With enrollment of just over 12,000 students, Arkansas Tech University is now the third largest institution of higher learning in the state. Despite our phenomenal growth we know it’s not the size of the dog in the fight but the fight in the dog that counts. Like our beloved Jerry the Bulldog, tenacity and grit are part of our DNA.
Determination has guided ATU faculty and staff in their design of an institution geared toward academic excellence. With a student/instructor ratio of 18 to 1, free tutoring, freshman mentors in the Bridge to Excellence program, one-on-one academic coaching, developing a customized strategy for student success and an academic advising center, our students are never just a number. ATU offers instruction in locations across the Arkansas River Valley. These campuses give students complete access to higher education. With programs ranging from a certificate of proficiency through a doctorate, they can leverage career goals without leaving the River Valley. Each campus offers its own culture and program options, but they equal a great experience, regardless of the location or program chosen. We also offer online education and courses at multiple academic centers to help make it easier to achieve educational goals.
The Russellville campus offers associate’s degrees, bachelor's degrees and graduate degrees — with stackable options, taught in modern facilities with top-tier technology. Plus, with thousands of trees, 150 miles of nearby trails and 7 state parks —The Great Outdoors is always nearby.
The Ozark Campus offers dozens of certificates of proficiency, technical certificates and associate’s degrees — our students will be ready to begin a rewarding career in their industry quickly. And since ATU offers degrees at all levels, courses can count toward the next one, seamlessly — what we call stackable degrees.
Built in 1972, the Arkansas Tech Career Center has undergone extensive remodeling and additions to become one of the largest secondary career and technical centers in Arkansas. The Career Center draws students from 11 area high schools in Pope, Yell and Johnson counties, including Russellville, Dover, Pottsville, Hector, Atkins, Dardanelle, Danville, Two Rivers, Western Yell County, Lamar and Clarksville high schools.
Arkansas Tech University (ATU) has approximately 980 benefit eligible employees (1529 members) located on three campuses – Russellville, Ozark and the Arkansas Tech Career Center (ATCC). ATU also provides benefits to pre-65 Retirees (25) and post-65 Retirees (27).
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ATU currently offers the following benefit programs:
Medical
Dental Vision
Basic and Voluntary Group Life
Voluntary Short Term and Long Term Disability
Critical Care with Cancer Accident
Section 125 (HSA and FSA)
Hospital Indemnity
ATU uses a Benefit Administration System (Benefit Focus) for benefits eligibility. This service is provided at no cost by the current vendor. Please indicate your willingness to work with a Benefit Administration System and EDI feeds. II. REQUEST FOR PROPOSAL
Proposals shall not be accepted after the designated response due date and time. It is the responsibility of vendors to submit proposals at the designated location on or before the response due date and time. Proposals received after the designated response due date and time shall be considered late and shall be returned to the vendor without further review.
Proposer agrees that any additional terms or conditions that conflict with requirements in the bid solicitation, whether submitted intentionally or inadvertently, may cause the proposal to be rejected. If ATU, in its sole discretion, determines that such a conflict applies to a material term of the solicitation, then the proposal shall be disqualified.
ATU is requesting proposals to provide Flexible Spending Account, Health Savings Account, Health Reimbursement Account, COBRA Administration, and Retiree Billing Services for eligible employees and dependents of ATU. Currently, employees are serviced by Wage Works (COBRA), DataPath (FSA/HSA). The proposed effective date is January 1, 2020.
III. SCOPE OF SERVICES 1.1 The goal is to contract with one (1) provider to offer exceptional service to the plan participants and
administration at a competitive cost. Other options will be considered.
1.2 Terms of Award:
A. The resulting contract shall be for one (1) year. Upon mutual agreement the contract may be extended for up to six (6) additional one (1) year terms or a portion there of.
B. The resulting contract and any executed extension thereof shall not exceed a total of seven (7)
years.
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1.3 Target Population:
A. Eligible Full-Time employees of ATU, benefits effective 1st of month following date of hire.
B. Eligible Retirees and/or Retiree Dependents premium billing services. Pre-65 Retirees and Post-65 Retirees.
1.4 Outcomes Desired:
A. To provide consistent and accurate services in a timely manner.
B. To provide EDI for current enrollment and/or payroll vendor.
1.5 Minimum Qualifications:
C. The organization must be licensed to do business in the State of Arkansas prior to providing
services.
D. The organization must have been in business for a minimum of three (3) years.
1.6 Minimum Requirements:
A. The organization shall provide benefit contracts, affirmed by ATU as to form and content in accordance with state and federal statutes, and technical and legal assistance in the administration thereof.
B. The organization shall provide management agreements.
C. The organization shall provide communication materials necessary for the administration of the
plans during open enrollment and on-going. Communication materials shall include, but not be limited to SPDs, claim forms, and Q&A. Materials will be subject to editing of format, content and final approval by ATU.
D. The organization shall provide claim management and processing.
E. The organization shall management reports as agreed to by ATU and the organization.
F. The organization shall provide discrimination testing as required.
G. The organization shall have a disaster and recovery plan. Include details in the Technical Response.
H. The organization shall carry Errors and Omissions coverage and a comprehensive general liability
policy. Include current copy of E & O and liability coverage.
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IV. CONSULTANT, TIME TABLE OF SELECTION PROCESS AND DEADLINE
Stephens Insurance, LLC has been retained to provide consulting services for Arkansas Tech University (ATU). There should be no commissions or any other compensation included in your proposed fees. Stephens Insurance, LLC and the ATU Benefit Insurance Committee (EBIC) will analyze all proposals.
QUESTIONS Please address all questions regarding this request for proposal to:
Tyler Runnells Bobette Leggett Phone: 501-377-2093 OR Phone: 501-377-2045 E-mail: [email protected] E-mail: [email protected]
Direct all questions regarding the proposal to the above persons in writing, or by phone no later than August 1, 2019. TIMETABLE OF SELECTION PROCESS
Activity Completion Date
Release of RFP July 26, 2019
Questions due from vendors August 1, 2019
Response to vendor questions due August 5, 2019
Proposals due August 14, 2019 Effective date January 1, 2020
PROPOSAL DEADLINE Proposals must be received no later than August 14, 2019, at 4:00pm. Stephens Insurance must receive an electronic copy and two hard copies of your proposal. ATU must receive an electronic copy (flash drive) and one hard copy. This includes the completion of the following questionnaires and exhibits: Mailing address for proposals:
Stephens Insurance, LLC Attention: Bobette Leggett RFP 19-082 111 Center Street, Suite 100 Little Rock, AR 72201
Arkansas Tech University Procurement Services
RFP 19-082 Young Building, Suite 101 203 West O Street Russellville, AR 72801
REVIEW OF PROPOSALS Arkansas Tech University (ATU), Stephens, Insurance and the EBIC committee reserves the right to:
• Reject any or all components of proposals. • Cancel the entire RFP process. • Remedy technical errors in the RFP. • Negotiate with any, all or none of the respondents to the RFP. • Solicit the best and final offers from all or some of the prospective vendors. • Accept any or all components of the proposal as an "offer" without negotiation and issue
notice to proceed.
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MANDATORY PROVISIONS
Each proposal received by Arkansas Tech University (ATU) shall automatically be deemed to include the Organization’s agreement to the following provisions:
1. The proposal constitutes an offer by the Organization, which shall remain open and irrevocable, for 120 days from the deadline for submitting proposals..
2. The organization consents to Arkansas Tech University (ATU) or Stephens Insurance, LLC contacting and obtaining any information relevant to this RFP from the references and others identified by the Organization in its proposal.
V. GENERAL INFORMATION QUESTIONNAIRE
1. Provide the full name of your organization, address, and telephone numbers. Also, provide a
detailed summary of your Organization’s structure, background, and experience in the healthcare industry. Describe the organization’s resources and capabilities, including size, number of offices, locations, and number of employees.
2. Who will be the primary administrative and service contact from your organization involved in this program if awarded the contract? Provide a brief resume of each individual.
3. Describe any organizational structure/operational changes, which may occur within the next
eighteen months.
4. Provide a list of five (5) client references for which you provide the services being requested, including clients that closely mirror the size and geographic location of the Arkansas Tech University (ATU) organization, including name and telephone number of a contact person as well as the number of employees and services in place at employer.
5. Provide a list of two (2) former clients that have recently terminated their services with you, not to
include any terminated due to an acquisition. Include the name and telephone number of a contact person as well as the number of employees and services terminated.
6. Please provide an implementation plan and detail the timing of when the following will be
available assuming your Organization is awarded the Arkansas Tech University (ATU) account effective January 1, 2020.
• Contracts or administrative agreements • Receipt and testing of eligibility files with ATU’s Benefit Administration Vendor • Testing of interfaces with other vendors • Reporting requirements • Open enrollment planning • Employee communication • Employee access to benefits, claims, education, support information, and Debit cards
7. Please describe the transition team that will work with Arkansas Tech University (ATU) on
implementation and transition issues.
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VI. SCORING
1.7 Scoring - All responses will be scored by Stephens Insurance LLC and the ATU Employee Insurance Benefit Committee (EBIC). The scoring will be based on the overall responsiveness to the RFP requirements, pricing, and the reference accounts provided. All responses will be scored on their technical proposals and pricing proposals. Pricing information must not be included in the technical proposals.
1.8 Technical Proposal Elements
A. The Technical Proposal outlines the proposer’s qualifications and proposed plan for addressing the
requested item(s) or service(s).
B. Technical Proposals should specifically address each of the elements listed under the Sections
below.
1. In each section, items/questions have each been assigned a maximum point value of ten (10)
points. The total point value for each category is reflected in the table below as the
Maximum Raw Score Possible.
2. Weighted Percentages have been assigned to each category according to its significance.
Category Maximum Raw Points
Possible
Sub-Section’s Weighted
Percentage
* Maximum Weighted Score
Possible
2. Capability, Capacity, and Qualification of the Organization 10 15 150
3. Capability and Qualifications of Key Personnel 30 25 250
4. FSA/HSA/HRA Administration 140 30 300
5. COBRA and Retiree Billing Administration 60 30 300
Totals 240 100.0% 1000
C. The vendor’s weighted score for each category will be determined using the following formula:
(A/B)*C =D
A = Actual Raw Points received for sub-section in evaluation B = Maximum Raw Points possible for sub-section C = Maximum Weighted Score possible for sub-section D = Weighted Score received for sub-section
D. Vendor’s weighted scores for categories will be added to determine the Total Technical Score for the
Proposal.
E. Proposers should present their proposal in the same sequence and with the same numbering scheme and headings shown in this section.
F. If the proposer believes that a subject has been adequately addressed in another part of the Technical
Proposal, then a cross-reference to the appropriate part of the narrative must be provided.
G. Pricing information must not be included in the Technical Proposal. Pricing is weighted at 30% of the total score.
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1. Pricing information is defined as statements including, but not limited to the following:
a. “At no additional cost”
b. “Free of charge”
c. “For an additional fee”
2. Failure to follow this guideline in any manner shall result in disqualification of the proposal.
SECTION 1. General Information
Section 1 is for informational purposes only and shall not be included in the scoring.
A. Provide the address of the Company’s Headquarters
B. Provide the address of the office where the following functions are performed: 1. Account Manager/Account Representative 2. FSA/HSA/HRA Claims processing 3. COBRA and retiree billing Administration
C. Provide a copy of your company’s audited financial statements for the past two (2) years.
D. Provide the URL (address) for your web site.
SECTION 2. Capability, Capacity, and Qualification of the
Organization Maximum Raw Points Possible 10
2.1
Provide a description of your organization, to include, at a minimum:
Parent company and location
Quoting organization and location, if different
Subcontractors/Partners, if any
Date formed
Number of clients
High scoring proposals will clearly describe your organizations capacity to meet the terms of this RFP.
SECTION 3. Capability and Qualifications of Key Personnel Maximum Raw Points Possible 30
3.1 Describe the qualifications and tenure of your account representatives and other key personnel that
would be assigned to ATU’s account?
High scoring proposals will demonstrate adequate industry experience to administer the plan
3.2 Describe your organizations process for training new employees and maintaining industry current
standards?
High scoring proposals will demonstrate superior training in current industry standards and have a
documented training program for new hires
3.3 What additional responsibilities do account representatives have?
High scoring proposals will show acceptable levels of workloads for account representatives
SECTION 4. FSA/HSA/HRA Administration Maximum Raw Points Possible 140
4.1 What information do you need from the client subsequently on an ongoing basis?
How often?
In what format and medium?
High scoring proposals will clearly describe the process for exchanging data.
4.2 What is the turnaround time for posting payroll contribution information?
High scoring proposals will demonstrate timely processes.
4.3 Do you notify client if there is a delay and how long?
High scoring proposals will demonstrate responsiveness.
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4.4 Describe your audit process (checks and balances)
High scoring proposals will clearly describe your process for auditing clients’ accounts
4.5 Describe the process for communicating election changes, terminations, new enrollments, etc.
throughout the year
High scoring proposals will clearly describe efficient processes for communication
4.6 Do you have the capability to accept electric data feeds? If so, describe your process?
High scoring proposals will demonstrate the ability to accept and send electronic feeds.
4.7 Describe the claims submission methods.
High scoring proposals will clearly describe efficient claim filing processes
4.8 Describe your direct deposit process.
High scoring proposals will offer direct deposit.
4.9 Describe your FSA/HSA Debit Card program. Describe your HRA program.
High scoring proposals will demonstrate robust FSA debit card program
4.10 In the event of contract termination, describe your process for “run-out” claims:
High scoring proposals will demonstrate flexibility in the event of contract termination
4.11 Describe what options are available for individual account status reports to be communicated to the
participants.
High scoring proposals will clearly show options for account holders to review their information
4.12 Describe in detail how the organization’s banking process works including what options are available for
ATU.
High scoring proposals will demonstrate flexibility in meeting client needs
4.13 Describe what happens when ATU does not have enough money in the accounts to pay claims and the
process for notifying the employer.
High scoring proposals will demonstrate the organization’s processes for monitoring account balances.
4.14 Describe your claim adjudication process for Debit Card Transactions.
High scoring proposals will clearly show how claims are adjudicated for Debit Card Transactions
SECTION 5. COBRA and Retiree Billing Administration Maximum Raw Points Possible 60
5.1 Describe your COBRA notification process for newly enrolled employees and employees and/or dependents suffering a loss of coverage in health, dental and vision plans. Include generation and mailing of all required notices based on information provided by the client.
5.2 Describe your process for issuing COBRA Open Enrollment packets to current COBRA participants during each annual Open Enrollment. The process should include the receipt. Receive and processing of COBRA Elections including notification to the client and the plans, as well as the interface with the plans.
5.3 Describe your automated electronic notification system for ATU’s use in notifying the COBRA service provider of COBRA events and in notifying the plans of change in coverage status of employees.
High scoring proposals will demonstrate a compliant and efficient process for COBRA administration.
5.4 Describe your website functionality for ATU and COBRA participants.
High scoring proposals will demonstrate robust on-line functionality.
5.5 Describe what payment methods are available for COBRA participants and Retirees for premium
payments.
High scoring proposals will demonstrate flexibility in accepting payments.
5.6 Describe your administrative processes for retiree billing.
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High scoring proposals will show efficient processes in the administration of retiree billing
1.9 Pricing Proposal Elements
A. Pricing proposals will only be opened after all Technical Proposals have been scored. Only
the proposals receiving a minimum of eighty (80) percent of the maximum weighted score in the Technical Proposal will have their Price Proposals opened and evaluated.
B. The pricing proposal should include a line-item budget for all cost. Unit costs should be
provided when appropriate.
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VII. Official Price Sheet
Official Price Sheet The Official Price Sheet must be separately sealed from the Technical Proposal and should be clearly marked as “Pricing”. Vendor must not include any pricing in the hard copies or electronic copies of their Technical Proposal. Pricing is weighted at 30% of the overall score.
Description Unit Price Unit of
Measure Annual
Estimate Total
Initial Set Up Fee $
Data Load (Price per GB)
GB $
COBRA Notice and Plan Alternative (Qualifying Event Notice)
Notice $
COBRA General Notice (Sent to new Employees)
Notice $
HIPAA Certificate Initial Rights (Sent to new Employees)
Notice $
HIPAA Certificates of Coverage Notice $
HIPAA Special Enrollment Notice Notice $
Monthly Maintenance Fee Participant $
FSA/HSA Debit Card Fee Participant $
Past Due Notices Notice $
Termination Notices Notice $
COBRA Invoice Cost Participant $
Retiree Invoice Cost Participant $
SPD’s and Wrap SPD’s Notice $
Grand Total $
Name of Company: Signature of Authorized Company Representative: Printed name of representative signing this bid: Date:
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VIII. COMMUNICATION
1. Communication is a very important for ATU and their employees. Please describe your communication capabilities. Please provide a sample communications package.
2. Please confirm what communication materials are included in your fees. Please provide samples and pricing of each. Can the communication materials be customized?
3. Describe how your organization maximizes technology to reach members with education,
resource tools, and other communication materials. Identify the utilization rate of each resource tool.
4. Do you conduct annual participant, provider, and health plan surveys to gauge satisfaction levels?
If yes, please report your results from the most recent surveys.
5. Are you willing to perform a satisfaction survey specific to Arkansas Tech University (ATU) participants and network providers?
IX. MISCELLANEOUS REQUIREMENTS
IMPLEMENTATION
1. Provide an implementation plan that identifies your responsibilities and the assistance/activities that will be required from the employer including the expected delivery of Debit cards.
2. What notifications, if any, do you send to participants regarding the change to your Organization?
3. Provide a timetable for a January 1, 2020 change with specific tasks for converting an
employer’s current/carryover FSA/HSA funds to your system and the process. X. ATU SPECIFIC STATEMENTS/REQUESTS
CLIENT AUTHORIZED REPRESENTATIVE
The only persons who are or shall be authorized to speak or act for Arkansas Tech University (ATU) in any way with respect to this Agreement are those whose positions or names have been specifically designated in writing to the Selected Organization by Arkansas Tech University (ATU). Final authority for purchasing decisions rests with Arkansas Tech University (ATU).
WAIVER
No waiver of any right hereunder shall be deemed a continuing waiver, and no failure on the part of either party to exercise wholly or in part any right hereunder shall prevent a later exercise of such or any other right.
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INDEMNIFICATION
The selected Organization shall indemnify and hold harmless Arkansas Tech University (ATU) and the employees and agents of each, from all property damage or loss, claims, liability, damages, expenses (including, without limitation, attorneys' fees and expenses) and any other amounts arising out of the performance of the Agreement by the Selected Organization.
GOVERNING LAW
This Agreement is subject to the laws of the State of Arkansas.
TERMINATION
If the Selected Organization fails to provide quality goods and services in a professional manner solely as determined by Arkansas Tech University (ATU) and, upon receipt of notice from Arkansas Tech University (ATU), does not correct the deficiency within a reasonable period of time not to exceed thirty calendar days, unless otherwise agreed to by both parties, Arkansas Tech University (ATU) reserves the right to terminate this Agreement by giving written notice to the Selected Organization.
TAXES
Arkansas Tech University (ATU) is exempt from Federal excise and all state and local taxes. Such taxes shall not be included in contract prices. Tax-exempt certificates will be furnished on request by the issuing office.
INSURANCE
The Selected Organization shall provide to Arkansas Tech University (ATU) within 10 days after the contract is awarded a valid certificate of insurance listing the insurance coverage maintained. The liability insurance coverage maintained by the Selected Organization shall include, but is not limited to, the following coverage:
• Premises - Operations
• Contractual
• Personal Injury
• Cyber Liability
• Commercial General Liability Insurance (CGL):
o Organization is responsible for carrying Commercial General Liability insurance including Contractual Liability per CG0001 (12/07 or equivalent), with limits not less than $1,000,000 Each Occurrence and $2,000,000 in the aggregate for bodily injury and third party property damage including products and completed operations.
o Such coverage shall name Arkansas Tech University (ATU) and all subsidiaries as additional insured. Such coverage will be on a primary and non-contributory basis for both ongoing and completed operations and shall include a waiver of subrogation in favor of Arkansas Tech University (ATU) and all subsidiaries.
o Organization will provide the ATU with certificates of insurance evidencing CGL written by insurance companies with A-VII or better AM Best rating.
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• Professional Liability/ Errors and Omissions, including coverage for claims involving privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security with limits not less than $1,000,000.
OTHER REQUIREMENTS
The Selected Organization shall provide to Arkansas Tech University (ATU) within 10 days after the contract is awarded the following documents to be provided by ATU at time of award:
Illegal Immigrant Certification
Non-Disclosure Agreement
Business Associates Agreement
Contract and Grant Disclosure & Certification Form
Boycott of Israel Certificate
Technical and General Services Contract
EEO Policy Certification
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Appendix A – Project Terms and Conditions
1. Compliance The successful bidder must comply with applicable Federal laws, state laws, and local ordinances and regulations in effect during the term of the agreement and must agree not to discriminate against any individual because of race, religion, gender, age, color, national origin or disability, as such relates to the performance of the agreement. The bidder’s proposal must meet all accessibility requirements through the incorporation of Feres Doctrine or other reasonable means which would constitute reasonable accommodation under the Americans with Disabilities Act.
2. Amendments
This RFP and the Terms and Standard Conditions for all of ATU’s solicitation (“Standard Conditions”) shall not be changed or altered except by official written addendum issued by ATU’s Office of Procurement or Stephens Insurance, LLC. Clarification of and amendments to this RFP will be posted on ATU’s website at www.attu.edu It is the bidder’s responsibility to review ATU’s bid information online to ensure that they have received and responded to all amendments to the RFP.
3. Acceptance of Terms Submission of a response to this RFP constitutes acceptance of all terms and conditions described herein. This RFP and ATU’s Standard Conditions shall become a part of the successful bidder’s contract and shall supersede all prior or contemporaneous representations, agreements or understandings between the parties, whether written or oral. In the event of a conflict between this RFP and the Standard Conditions, the terms of this RFP shall have priority. Note that ATU’s purchase of services from the successful bidder shall be made pursuant to this RFP and shall not be made pursuant to any prior or contemporaneous agreement between the parties, whether written or oral.
4. Exceptions The bidder may attach a list of any necessary exceptions to the RFP terms and conditions or ATU’s Standard Conditions. All exceptions must be described on one (1) attachment to the bidder’s proposal, and must include the legal basis for each exception. ATU will not consider an exception unless the bidder establishes that it is justified by a requirement or prohibition of Federal law, Arkansas law, Arkansas Public Service Commission Rules, or by applicable Tariff requirements. Exceptions may only be approved in writing signed by ATU’s authorized signatory.
5. Signatory The official who is authorized to sign contracts on behalf of the bidder must sign the bid proposal and the price sheets in ink. Bid proposals and price sheets that are not signed by the bidder’s authorized signatory will not be considered.
6. Pricing Pricing must be valid beginning January 1, 2020 through the term of the contract. Bids are to be based on the unit price for the items or services described on the price lists. Pricing must include all associated costs. With the exception of an increase in taxes or regulatory fees, ATU shall not be obligated to pay any costs that are not included in the bidder’s price proposal even though such cost is subsequently incurred by the bidder in order to provide the contracted services or equipment or to achieve the required quality of service.
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7. Recordkeeping
The successful bidder shall maintain all financial and accounting records related to the contract in accordance with generally accepted principles of accounting. Upon request by ATU, such records shall be made available for inspection
8. Non-Appropriation of Funds ATU shall have the right to terminate the agreement without penalty at such time as appropriated funds are not available to satisfy the obligations under the agreement. The failure of ATU to make an appropriation in any given year shall not be deemed a breach of the agreement, nor give rise to any cause of action for legal or equitable relief. To the extent possible, ATU shall give the successful bidder written notice ninety (90) days prior to such termination.
9. Indemnification The successful bidder shall indemnify and save harmless ATU against any claim or liability arising from the successful bidder’s violation of any applicable law, ordinance or regulation in the performance of the agreement.
10. Governing Law The agreement with the successful bidder shall be governed and construed in accordance with Arkansas law or Federal law, as applicable. In the event of any legal action to enforce or interpret the agreement, the sole and exclusive venue shall be a court of competent jurisdiction in Pope County, Arkansas. The Statue of Limitations, as provided under Arkansas law, shall not be waived.
11. Confidentiality Upon opening, all bid submissions become public information subject to disclosure under the Arkansas Freedom of Information Act. Proprietary information provided by the successful bidder for purposes of contract execution or project implementation shall be protected from disclosure to the extent allowed by Arkansas law.
12. Title VI Contractor, and its sub-contractors, sub-recipients, sub-grantees, successors, transferees, or assignees, shall comply with: a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) and its applicable
federal statutory, regulatory authorities, other pertinent directives, circulars, policy, memoranda, and guidance prohibiting discrimination on the basis of race, color, national origin, age, sex, and disability and give assurance that it will promptly take any measures necessary to ensure such compliance;
b. all applicable provisions governing ATU, or applicable federal department or agency, access to records, accounts, documents, information, facilities, and staff;
c. any program or compliance reviews, or complaint investigations, or both, conducted by ATU, or federal department or agency;
d. record retention and reporting requirements, and maintain and preserve all project records for a minimum of five (5) years and all requests for documents and materials in a timely, complete, and accurate manner; and
e. all other reporting, data collection, and evaluation requirements, as required by ATU, prescribed by law, or detailed in program guidance.
