CITY OF TACOMA FIRE DEPARTMENT SPECIFICATION NO. FD17-02 F

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1 CITY OF TACOMA FIRE DEPARTMENT REQUEST FOR SPECIFICATION NO. FD17-02 F 1

2 City of Tacoma Tacoma Fire Department REQUEST FOR PROPOSALS FD F Private Ambulance Emergency Response and Transport Submittal Deadline: 11:00 a.m., Pacific Time, Tuesday, August 22, 2017 Submittal Delivery: Sealed submittals will be received as follows: By Carrier: City of Tacoma Procurement & Payables Division Tacoma Public Utilities 3628 S 35 th Street Tacoma, WA By Mail: City of Tacoma Procurement & Payables Division Tacoma Public Utilities PO Box Tacoma, WA In Person: City of Tacoma Procurement & Payables Division Tacoma Public Utilities Lobby Security Desk Administration Building North Main Floor 3628 S 35 th Street Tacoma, WA Note: This is a change in location for in-person deliveries. Submittal Opening: Proposals must be submitted in the format described in this soliciation Upon receipt of each proposal, the City will record the date and time it was received. All proposals shall be kept in a secure place. Late proposals may be rejected and returned to the proposer. Sealed submittals in response to a RFP will be opened by a Purchasing representative during a public bid opening held in Conference Room M-1, located on the main floor in the same building. Submittals in response to an RFP are recorded as received but are not typically opened and read aloud. After 1:00 p.m. the day of bid opening, the names of vendors submitting proposals are posted to the website for public viewing. Solicitation Documents: An electronic copy of the complete solicitation documents may be viewed and obtained by accessing the City of Tacoma Purchasing website at Register for the Bid Holders List to receive notices of addenda, questions and answers and related updates. Click here to see a list of vendors registered for this solicitation. Pre-Proposal Meeting: Two pre-proposal meetings will be held at 1:30 p.m. on July 26, 2017 and August 8, 2017 at Fire Station 8, 4911 S. Alaska Street, Tacoma, Washington. Reservations and directions to the station can be obtained by contacting Michael Fitzgerald, Tacoma Fire Department, at (253) Project Scope: The City of Tacoma is requesting proposals from private ambulance companies to provide primary basic life support and back-up advanced life support emergency response and transport services under the supervision of the Tacoma Fire Department within the Fire Department's entire service area under an exclusive contract for a minimum period of four years (with options for two additional one year extensions) commencing November 28, 2017 Estimate: N/A Paid Leave and Minimum Wage: Effective February 1, 2016, the City of Tacoma requires all employers to provide paid leave and minimum wages, as set forth in Title 18 of the Tacoma Municipal Code. For more information visit Additional Information: Requests for information regarding the specifications may be obtained by contacting Kimberly Ward by to kward2@cityoftacoma.org. Protest Policy: City of Tacoma protest policy, located at specifies procedures for protests submitted prior to and after submittal deadline. Meeting sites are accessible to persons with disabilities. Reasonable accommodations for persons with disabilities can be arranged with 48 hours advance notice by calling

3 SPECIFICATION CONTENTS Cover Sheet Request for Proposals Page Table of Contents Proposer s Checklist Specification Contents TABLE OF CONTENTS I. Important Notice to Proposers A. RFP-Not a Commitment... 6 B. Complete Response... 6 C. Accuracy of Information... 6 D. Restriction from Contact... 6 E. Proposer Inquiries to RFP... 6 F. Calendar of Events... 7 G. RFP Submittals... 7 H. RFP Revisions... 7 I. Proposal Format and Presentation... 7 J. Responsiveness... 7 K. Bid Bond Requirement... 8 L. Performance Bond Requirement... 8 II. Additional Requirements A. Definitions of Key Terms... 9 B. Agreement to Standards and Protocols C. Privacy Compliance D. Insurance E. Financial Reports F. Term of Agreement G. Breach H. Other Provisions I. Community CPR Sunday...15 III. Introduction A. Invitation B. Background IV. Proposer Requirements A. Experience B. Financial Strength C. Use of Subcontractors V. System Requirements A. Response Time Standards and Compliance Incentives...20 B. Exemption to Performance Standards...21 C. Response Time Performance Report...22 D. Ambulance Deployment Plan...22 E. Liquidated Damages...23 F. Vehicles...25 G. Communications Equipment...27 H. Personnel...28 I. Training and Continuing Education

4 J. Hospital and Community Requirements K. Disaster Preparedness L. Quality/Performance M. Patient Care Records N. Dispatch O. Financial and Administrative VI. Proposal and Evaluation Process A. Proposer s Pre-Proposal Meetings B. Submission and Receipt of Proposals C. Advisory Committee D. Evaluation E. Protest VII. Proposal Format and Contents A. Format/Submission Requirements B. General Terms of Contract C. Proposer Qualifications D. System Requirements in Proposal E. Transport Fees APPENDIX A...45 Signature Page Prime Contractor s Pre-Work Form Bid Bond Form Sample Performance Bond Form APPENDIX B...51 Standard Terms and Terms and Conditions T.M.C Sample Contract SUPPLEMENTAL INFORMATION...83 Attachments A-L 4

5 PROPOSER S CHECKLIST This checklist is being provided for convenience only and identifies the documents to submit with each proposal. Any proposals received without this information may be considered non-responsive and not be considered for award. Note: Any proposal submitted which does not adequately address all aspects required in the specifications may be rejected at the discretion of the City of Tacoma for noncompliance. Please submit one original, identified as master containing original signatures, five (5) hard copies and two (2) digital copies (CDs or DVDs) of your proposal. The following information is to be included in your proposal: All requirements listed in Section VI: Proposal Format and Contents including: A. Signature Page B. Summary Letter C. Proposer Qualifications D. Bid bond or cashier s check in the amount of $25,000 to be designated a bid bond, payable to the City. E. Response to RFP F. Prime Contractor s Pre-work Form G. Any other information relevant to this specification The following information is to be submitted or executed after award: Contract Certificate of Insurance Coverage as required in contract Performance Bond-$1,000,

6 I. IMPORTANT NOTICE TO PROPOSERS A. REQUEST FOR PROPOSALS - NOT A COMMITMENT This Request for Proposals (RFP) is not a commitment or contract of any kind. The City reserves the right to accept or reject any or all proposals received as a result of this request, or to cancel in part or in its entirety the RFP process if the City deems it is in its best interest to do so. This RFP shall not be construed to be a low bid process. The contract, if awarded, will be executed with the proposer who can best meet the City s needs as identified in this RFP. B. NEED FOR A COMPLETE RESPONSE TO RFP It is in the proposer s best interest to submit a complete and accurate proposal. Where documentation or response is incomplete or silent, it shall be assumed that the proposal is deficient. Further, it is in the proposer s best interest to make a proposal that meets the stated requirements contained in this RFP. While proposers may provide alternatives to the requirements for consideration, failure to comply with all minimum requirements described within the RFP may disqualify proposals. Proposers are invited to submit alternatives to the services described within this RFP, and the City may consider them if such alternatives are in the best interests of the City. C. ACCURACY OF INFORMATION The City specifically makes no promises or guarantees concerning the number of emergency and non-emergency calls or transports, quantities of patients or distance of transports that will be associated with this procurement. The City has made every effort to provide accurate data and information but does not guarantee the accuracy of any data included in the RFP or its website. D. RESTRICTIONS FROM CONTACT As of the issuance date of this RFP and continuing until the final date for submission of proposals, all City personnel, with the exception of the purchasing contact noted, are specifically directed not to hold meetings, conferences, technical discussions, or communications of any kind with any applicant for purposes of responding to this RFP. Any attempt by a proposer, or agent thereof, to contact City personnel or a member of the Proposal Review Committee regarding the proposal process may be considered tampering and may result in the applicant being disqualified from entering into any contract that may result from this RFP. E. PROPOSER INQUIRIES TO RFP Two pre-proposal meetings will be held on July 26 and August 8, Questions from prospective Proposers may be submitted in writing via by 3:00 p.m., July 24, 2017 to Kim Ward at kward2@cityoftacoma.org. Written responses to these questions will be provided in the form of an addendum posted to the purchasing website following the first pre-proposal meeting. The City of Tacoma will not be responsible for unsuccessful electronic submittal of questions. 6

7 F. CALENDAR OF EVENTS The tentative schedule of events concerning this RFP is as follows: Post Request for Proposal... on or about July 20, 2017 First Pre-proposal Meeting... July 26, 2017 Second Pre-proposal Meeting... August 8, 2017 Proposers submit written questions... by 3:00, July 24, 2017 Respond to Questions... On or about August 4, 2017 Proposal Due Date a.m., P.T., August 15, 2017 Selection Committee provides recommendation to Fire Chief... August Fire Chiefs recommendation reviewed by C&A Board... September City Council review and consideration... September These are tentative dates only. Tacoma Fire Department reserves the right to adjust these dates at its sole discretion and notice will be provided. G. RFP SUBMITTALS All Proposers must submit one original, five (5) hard copies and two (2) digital copies of the proposals. All information submitted shall become the property of Tacoma Fire. H. RFP REVISIONS All revisions to this RFP will be in the form of written addenda. Any addenda issued supplementing this RFP document will be issued to any firm registered as a Bid Holder on the Purchasing Website. All addenda shall be acknowledged when the Proposer submits their proposal. Failure to acknowledge any addenda issued may result in a non-responsive submittal. The information submitted during the question-and-answer timeframe identified in the schedule is not considered an addendum. I. PROPOSAL FORMAT AND PRESENTATION Proposals must be prepared simply and economically, providing a straight forward, concise description of the Proposer s ability to meet the requirements of this RFP. Any erasures, changes or strikeovers must be initialed by the Proposer s signatory. The original must be signed in ink by the person who is authorized to do so by the Proposer of record. Information that is confidential must be clearly marked as such. J. RESPONSIVENESS Proposals must remain valid for a minimum of 120 days after the due date for receipt of proposals to allow sufficient time for acceptance by the City. All proposals will be reviewed by City Finance and Legal Department staff as well as the Tacoma Fire Department to determine compliance with the requirements and instructions specified in 7

8 this RFP. The Proposer is specifically notified that failure to comply with any part of the RFP may result in rejection of the proposal as non-responsive. The final selection, if any, will be that proposal which, in the sole judgment of Tacoma Fire after review of all submissions, best meets the requirements set forth in the RFP. Final contract is subject to approval by the Tacoma City Council. K. BID BOND/PROPOSAL DEPOSIT/WITHDRAWAL No proposal can be withdrawn without penalty after having been formally opened by a representative from the City Purchasing Office. Proposal submissions shall be accompanied by a bid bond or certified cashier s check payable to the City of Tacoma in the amount of $25,000 to be designated a bid deposit. The bid deposit will be retained by the City until the contract is awarded or all proposals are rejected, but not beyond December, 31, 2017, unless a deposit is forfeited as provided herein. No interest will be paid to proposers for bid deposits. To partially compensate the City for time lost and costs incurred reviewing and verifying false claims, incomplete proposals or proposals later withdrawn, the funds deposited shall be forfeited in the event the City determines a proposal intentionally attempted to mislead the City or a proposal was deliberately incomplete or substantially false. The deposit also shall be forfeited in the event the Proposer elects to withdraw its proposal after proposal submission. L. PERFORMANCE BOND The successful proposer will be required to execute a Performance Bond in the amount of $1,000,000 payable to the City prior to final execution of the contract in the event the proposer is later found in default of its obligations under the contract resulting from this solicitation. A copy of the form to be used to execute the Bond is included as a part of this Specification. 8

9 II. INTRODUCTION/ ADDITIONAL REQUIREMENTS A. DEFINITIONS OF KEY TERMS: Proposer - The proposer is the ambulance services vendor submitting a proposal in response to this solicitation. Contractor - The contractor is the successful proposer operating pursuant to the terms of this specification and the Agreement resulting from this solicitation. Basic Life Support Services (BLS) - Non-invasive emergency medical treatment services as defined in RCW and WAC Advanced Life Support Services (ALS) - Medical services as performed by paramedic personnel including but not limited to intravenous therapy, medication administration, endotracheal intubation and defibrillation, as described in RCW and WAC Emergency Incident Priority Response See page 20 Emergency Incident Routine Response See page 20 Ambulance Unit - A vehicle designed and used to transport the ill or injured and to provide facilities and equipment to treat patients before and during transport at an ALS or BLS level. Cabulance Unit A van, taxi cab or similar vehicle used to transport individuals to a health care facility. Tacoma Fire proposes to collaborate with the proposer to utilize cabulance type units as transports for some low priority EMS events with modest medical necessity where transportation to a facility is still needed. Response Time- The elapsed time in minutes and seconds from the receipt of a request for an ambulance response in the proposer s EMS Communications center and an entry is made in the Computer Aided Dispatch (CAD) queue until a proposer s unit arrives on scene. Any channges in unit assigned to the request for service shall not constitute a resetting of the start of the response time. Any response time submitted for compliance review shall include all time elapsed, no matter how many times the proposer changes units assigned to the call. EMS Medical Advisor The EMS Medical Advisor is defined as the individual empowered to act as Medical Director for the company s program; provide DEA and Washington State License of acquisition of controlled substances; provide specialized training to Paramedics and EMTs; provide physician oversight and support for initial EMT and Paramedic certification classes; provide counseling to EMS personnel when requested by paramedics, EMTs, supervisors, and/or the request of run reviews; reviews department operating procedures as related to medical control and makes necessary recommendations; monitors/advises on legislative, medical trends and issues that may affect the company and the way it conducts itself; serves as a representative in matters of professional conduct before Pierce County EMS Director and/or medical facilities and any regional quality control. 9

10 TFD Planning Zone The Tacoma Fire Department s response area is divided into thirteen planning zones, a map showing each of the Planning zones is included in this solicitation as Attachment B. B. PROPOSER S RESPONSIBILITY TO ACKNOWLEDGE AGREEMENT TO STANDARDS AND PROTOCOLS. EXPLAIN PROPOSALS, DECLARE EXCEPTIONS AND OTHERWISE RESPOND TO THIS SOLICITATION To be responsive to this solicitation, the proposer must: Provide the required information and declare acceptance of the City s standard and special terms and conditions and submit all other documents as specified in this solicitation; Declare their compliance with all minimum contract requirements of this solicitation; Propose a response coverage model to achieve the desired outcomes; Declare proposed transport rates; Document previous experience providing service under similar exclusive transport contracts or providing previous service in cooperation with Tacoma Fire Department; Propose other options or provide additional information that will make the proposal the most valuable and attractive for the City and its citizens; Read carefully the information provided in this specification to ensure the City s requirements and assignments are met and understood. At the end of each Section the specification calls for the proposer to indicate by a check mark and initials of the Proposer s signatory whether they agree with the wording in the previous Section or take exception to the Section, as shown in the example below. The proposer is required to indicate whether they agree or take exception to each of the Sections of that portion of this specification by including their selection as part of their proposal. Any exceptions must be explained fully in writing on an accompanying page referencing the Section and page number and be included as part of the proposal. Exceptions will be reviewed by the Selection Advisory Committee. Exceptions may provide a basis for considering a proposal unresponsive. (Example Below) Proposer Agrees: (Initials) Proposer Requests an Exception: C. PRIVACY COMPLIANCE During the term of this Agreement, each party may receive from the other party, or may receive or create on behalf of the other party, certain confidential health or medical information ( Protected Health Information or PHI, as further defined below). This PHI is subject to protection under state and/or federal law, including the Health Insurance Portability and Accountability Act of 1996, Public Law ( HIPAA ) and 10

11 regulations promulgated by the U.S. Department of Health and Human Services ( HIPAA Regulations ). Each party represents that it has in place policies and procedures that will adequately safeguard any PHI it receives or creates, and each party specifically agrees to safeguard and protect the confidentiality of PHI consistent with applicable law. Without limiting the generality of the foregoing, each party agrees that it shall have in place all policies and procedures required to comply with HIPAA and the HIPAA Regulations prior to the date on which such compliance is required. Contractor shall require subcontractors to abide by the requirements of this section. For purposes of this section, Protected Health Information means any information, whether oral or recorded in any form or medium: (a) that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to any individual; or the past, present or future payment for the provision of health care to an individual, and (b) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. This section shall be interpreted in a manner consistent with HIPAA, the HIPAA Regulations and other state or federal laws applicable to PHI. Contractor agrees to indemnify, defend and hold harmless the City and its respective employees, directors, officers, subcontractors, agents or other members of its workforce (collectively, indemnified party, ) against all damages suffered by the indemnified party and all liability to third parties arising from any breach of this section by Contractor and subcontractors (if applicable). Proposer Agrees: (Initials) Proposer Requests an Exception: D. INSURANCE The Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this paragraph has been obtained and such insurance has been approved by the City Risk Manager. The Contractor shall use diligence to obtain such insurance and to obtain such approval. The Contractor shall furnish the City Risk Manager with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending the Contractor s coverage to include the contractual liability assumed by the Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that forty five (45) days' notice must be given, in writing, to the City Risk Manager of any pending change in the limits of liability or of any cancellation or modification of the policy. (1) Worker s Compensation and Employer's Liability Insurance. The Contractor shall have in effect during the entire life of this Agreement Workers Compensation and Employer s Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor certifies, as required by the State of Washington Labor Code, that it is aware of the provisions of the Washington State Labor Code which requires every employer to be insured against liability for Worker s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and will comply with such provisions before commencing the performance of the work of this Agreement. 11

12 (2) Liability Insurance. The Contractor shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him/her while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from contractors operations under this Agreement, whether such operations be by himself/herself or by any sub-contractor or by anyone directly or indirectly employed by either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall be not less than the amount specified below. Such insurance shall include: A. Comprehensive General Liability $5,000,000 (each occurrence) $10,000,000 (aggregate) B. Motor Vehicle Liability Insurance $5,000,000 (each occurrence) C. Professional Liability $2,000,000 (each occurrence) If this Agreement remains in effect more than four (4) years from the date of its original execution, the City may require an increase in the amount of liability insurance to the level then customary in similar City Agreements by giving sixty (60) days notice to Contractor, at its sole discretion, contingent upon whether such additional insurance is available to the Contractor. The City and its officers, agents, employees and servants shall be named as additional insured on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers, agents, employees and servants shall be primary insurance to the full limits of liability of the policy, and that if the City or its officers and employees have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only. In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, the City at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement. Proposer Agrees: (Initials) Proposer Requests an Exception: E. FINANCIAL REPORTS, ACCOUNTING, AND AUDITING PROCEDURES Contractor will provide the City with annual audited financial statements and quarterly unaudited financial statements for its services provided pursuant to this Agreement. The City and Contractor mutually agree to generally accepted accounting and audit procedures for its City of Tacoma operations provided under this Agreement. The 12

13 Contractor shall maintain separate financial records for services provided pursuant to this Agreement. Proposer Agrees: (Initials) Proposer Requests an Exception: F. TERM OF AGREEMENT Subject to compliance with the terms and conditions of this Agreement, the term of this Agreement shall be from November 28, 2017 through November 30, Two years from the starting date of this agreement, either party may, with one hundred eighty days (180) written notice, without fault, terminate this agreement. The City may exercise, with mutual agreement, an option to extend this Agreement for up to two additional years. However, if the City reasonably determines that the Contractor has failed to comply with any of the provisions of this Agreement, the City shall give written notice setting forth the specific deficiency, the required correction and a reasonable time period to correct the deficiency. If said deficiency is the result of Subcontractor s performance (if applicable), Contractor shall within one (1) business day give written notification to Subcontractor (if applicable). Upon the City s determination that Contractor or Subcontractor (if applicable) has failed to timely cure the deficiency, the City may either (a) terminate this Agreement upon 120 days written notice or (b) direct Contractor to terminate its Subcontract with the Subcontractor (if applicable). Proposer Agrees: (Initials) Proposer Requests an Exception: G. BREACH AND EMERGENCY TAKEOVER PROVISIONS 1. Major Breach A. Certain conditions and circumstances shall, as determined by the City, constitute a major breach of this Agreement by the Contractor. These conditions and circumstances include, but are not limited to: 1) Failure of Contractor to maintain a 90% aggregate response time performance level throughout the exclusive contractor area for any six months or three consecutive months during any rolling 12 month period. 2) Failure of Contractor to operate the ambulance service in a manner which enables the City and Contractor to remain in substantial compliance with the requirements of applicable federal, state and local laws, rules and regulations. 3) Intentionally, or a pattern of, supplying to the City false or misleading information or supplying information so incomplete as to effectively mislead. 4) Intentional falsification of data supplied to the City during the course of operations, including by way of example but not by way of exclusion, dispatch data, patient report data, response time data, financial data, or downgrading of presumptive run code designations to enhance Contractor's apparent performance, or falsification or deliberate omission of any other data required under this Agreement. 5) Unauthorized scaling down of operations to the detriment of performance. 13

14 6) Failure by Contractor to cooperate with and assist the City in its takeover of Contractor's operations after a major breach has been declared by the City, as provided for herein, even if it is later determined that such breach never occurred or that the cause of such breach was beyond Contractor's reasonable control. 7) Failure to maintain equipment in accordance with good maintenance practices or to replace equipment in accordance with the equipment replacement policy contained in Contractor's proposal, excepting a failure to perform or breach of the Subcontract by Subcontractor in regards to maintaining Subcontractor s equipment. In regards to this exception, Contractor will have adequate notice and direction from the City pursuant to the Agreement and opportunity to cure. 8) Attempts by Contractor to intimidate or otherwise punish employees who desire to interview with or to sign contingent employment agreements with competing Contractor during a subsequent Request for Proposal Process. 2. Declaration of Major Breach and Takeover of Service In the event that the City determines that a major breach has occurred and such determination is brought to the attention of the City Manager, and if the nature of the breach is, in the Fire Chief s opinion such that there is a serious and immediate threat to public health and safety, and after the Contractor has been given notice and an opportunity to appear before the City Manager, the Contractor shall cooperate completely and immediately with the City to effect a prompt and orderly takeover by the City of Contractor s operations subject to Contractor s right to seek an injunction or other alternative provided the Contractor by law. 3. Equipment and Vehicle Lease Immediately upon notification by the City that it has determined that a major breach has occurred and that said breach constitutes a serious and immediate threat to public health and safety, as provided in subsections A and B above, the lease of all the Contractor s equipment, vehicles, and access to buildings as described in the Contractors proposal may commence at the City s sole discretion. 4. Dispute after Takeover Such takeover shall be effected within 72 hours after finding of major breach and a serious and immediate threat to public health and safety by the City, as provided for in Subsection (B), above. Contractor shall not be prohibited from disputing any such finding of major breach through litigation, provided, however, that such litigation shall not have the effect of delaying, in any way, the immediate takeover of operations by the City. Neither shall such dispute by Contractor delay the City's access to Contractor's performance security, equipment, and inventory of supplies. 5. Unusual Circumstances The provisions of this Section are specifically accepted and agreed to by the Contractor as reasonable and necessary in light of the unusual public health and safety impacts associated with the Agreement. Any legal dispute concerning the finding that a major breach has occurred which endangers public health and safety shall not be allowed to delay the process of takeover by the City. 14

15 6. Lame Duck Provisions Should Contractor fail to be chosen in the next Request for Proposal cycle, the City shall depend upon the Contractor to continue provision of all services required under this contract until the next contractor begins operations. Under these circumstances, the Contractor would, for a period of up to several months, be potentially serving as a lame duck contractor. To ensure continued performance fully consistent with the performance requirements of the Agreement throughout any such lame duck period the following provisions shall apply: A. Throughout such lame duck period, the Contractor shall continue all operations and support services at substantially the same levels of effort and performance as were in effect prior to the award of the subsequent Agreement to a competing contractor; B. The Contractor shall make no changes in methods of operation which could reasonably be considered to be aimed at cutting the Contractor s service and operating costs to maximize profits during the final stages of the Agreement; C. The Contractor shall strictly abide by the provisions set forth herein regarding rights of Contractor s employees during and after any Request for Proposals; D. The City recognizes that, if a competing contractor awarded the contract in a subsequent Request for Proposal cycle, the current Contractor may reasonably begin to prepare for transition of service to the new contractor during the lame duck period, and the City shall not unreasonably withhold its approval of the Contractor s requests to begin an orderly transition process, including reasonable plans to relocate staff, scaledown certain inventory items, etc., so long as such transition activities do not impair the Contractor s performance during the lame duck period, and so long as such transition activities are prior-approved by the City. Proposer Agrees: (Initials) Proposer Requests an Exception: H. Other Provisions 1. Right of Inspection: The City or any of its duly authorized employees or agents shall have the right to make inspections or investigations at any time without prior notice for the purpose of determining whether the Contractor is complying with the terms and conditions of this Agreement, to the extent required to verify compliance with this Agreement. The Contractor shall make available to the City, its records with respect to all matters covered by the Agreement. The City may make excerpts or transcripts from such records and make audits of all contracts, invoices, materials, payrolls, inventory records, records of personnel, daily logs, conditions of employment and other data related to all matters covered by the Agreement. A City representative may ride as third person on any of the emergency ambulances at any time without prior notice provided that the Contractor s supervisor is notified by the City simultaneous to the start time of the third person ride-a-long. A City representative may inspect any emergency ambulance at any time without prior notice. 2. Reporting of Deficiencies: In the event that the Contractor is found to be in substantial violation of any of the terms and conditions of this Agreement, the Fire Chief shall notify the Contractor of such deficiency, and the Contractor will make necessary corrections to 15

16 the full satisfaction of the City. Such violations shall include but are not limited to deficiencies in ambulance personnel s qualifications/licensing/certifications/accreditation required training, vehicles, equipment, supplies, quality assurance program, and actions which are not in the best interests of efficient and effective patient care. 3. Successors-In-Interest: Each and every term and condition of the Agreement resulting from this solicitation shall be binding upon and enforceable by the City against any successor in title of, or to any interest of the Contractor. Proposer Agrees: (Initials) Proposer Requests an Exception: I. CPR Sunday Commitment Tacoma Fire Department, being the primary organizer and sponsor of the free annual community event "CPR Sunday" which provides CPR instruction and certification to over 900 citizens annually, (every 2nd Sunday in October) requires the ambulance contractor to provide a paid staff member that will assist with the planning and implementation of said event. This paid staff member will be utilized no less than 12 hours per month, the staff member will be directed and assigned tasks by the CPR Sunday coordinator. In addition, the ambulance contractor will provide 8 paid employed CPR AHA instructors for the above event. These paid CPR instructors will be instructing on the day of the event with Tacoma Fire CPR instructors and other volunteer instructors. It would be a requirement that the ambulance contractor contribute (annually) towards expenses for the CPR Sunday event, paid to the Local 31 firefighter charity fund. This contribution will be used for needed equipment, supplies and nutrition for the event instructors and volunteers. The ambulance contractor logo will appear as a key sponsor on the CPR Sunday website and all marketing and advertisements for the CPR Sunday event. 16

17 III. INTRODUCTION OVERVIEW OF ROLES AND RESPONSIBILITIES: Per City of Tacoma Ordinance #24656, the Tacoma Fire Department is the lead Emergency Medical Services Agency in the City of Tacoma and all contracted areas. The Ordinance states that Tacoma Fire Department will: Provide Advanced Life Support transport for emergencies that activate the 911 system; Authorize other patient transports to be administered through contractual agreements; Perform emergency dispatch functions for fire and emergency medical incidents within its service area and coordinate assignment of emergency units (including private ambulances) to incidents requiring either basic life or advanced life medical intervention and emergency transport services; Function as the Incident Commander at all emergency incidents within the City and all contracted jurisdictions; The proposer will be required to: Provide services as required and proposed pursuant to the vendor s proposal and abide by the terms and conditions of the contract resulting from this solicitation; Agree to operate essentially as a medical services consultant and partner of the City, working collaboratively to improve emergency services for the community. A. Invitation The City of Tacoma has an exclusive operating area for emergency services response including Tacoma, the contracted areas of the cities of Fircrest, Fife and Pierce County Fire District 10. The City invites proposals from organizations that have demonstrated excellent experience as a provider of emergency ambulance services to submit proposals to provide emergency ambulance service within the TFD s exclusive operating area. The successful proposer will be granted a contract to provide primary BLS and back-up ALS emergency ambulance service for four years commencing November 28, 2017, with a possible extension of up to two additional years. Two years after the start of the agreement each party will have an option to opt-out with 180 days notice in which case a new RFP would be released. Conditions affecting possible contract extensions may include, but are not limited to, the following: Contract compliance Prompt payment of all scheduled fees per the agreement and all fines levied for failure to meet performance standards Compliance with clinical Quality Assurance/Quality Improvement (QA/QI) program Demonstrated cooperative partnership with the City of Tacoma This RFP is for private emergency ambulance service. It includes all 911 medical 17

18 requests and any requests directly received by any ambulance company for emergency ambulance transport. It does not include non-emergency interfacility transports, interfacility critical care transports, wheelchair transports or air ambulance service. B. Background Information The emergency ambulance contract resulting from this RFP will be overseen by the City of Tacoma Fire Department. The present ambulance contractor is American Medical Response (AMR) and this contract includes both BLS and back up ALS emergency ambulance service. AMR is currently providing service as the successor of a merger between Rural Metro of Greater Seattle and AMR. Rural/Metro was originally awarded that contract, which commenced October 1, 2011 and will now expire November 27, Background information regarding Tacoma, its EMS system, and information such as numbers of ambulance transports is included in the Attachment section. 18

19 IV. PROPOSER REQUIREMENTS A. Experience The proposer must have experience as the provider of emergency ambulance services for a population of over 200,000 or equivalent experience in a single contiguous area. Such experience should include compliance with fractile response time performance and other regulatory/contractual expectations. The proposer must have an excellent business reputation and show evidence of stability as a provider of services comparable to those outlined in this RFP. B. Financial Strength The proposer must provide evidence of its fiscal strength to implement and maintain the services outlined within this RFP for the term of the contract period. The proposer must have sufficient capital for contract implementation and financial reserves to sustain operations. The proposer must be free of commitments and potential commitments which might impact assets, lines of credit, guarantor letters, or otherwise negatively affect the company's ability to perform the contract. C. Use of Subcontractors The use of subcontractors is permissible; however all subcontractors must meet the applicable qualifications contained in the RFP and must be approved by the City. If a proposer intends to subcontract any portion of the services, the credentials of that subcontractor must be described in the proposal, together with a detailed description of the services to be subcontracted and the terms of the sub contractual relationship. The City reserves the right to reject requests for use of subcontractors. 19

20 V. SYSTEM REQUIREMENTS Proposals must adhere to the following system requirements. A. RESPONSE TIME STANDARDS AND COMPLIANCE INCENTIVES Response Time Standards There are thirteen (13) response time compliance zones (see Attachment B ). STANDARDS: The successful proposer shall be expected to assign sufficient resources to the performance of the agreement resulting from this solicitation so that each calendar month the proposer s units will collectively meet or exceed the required or established standards for the entire service area and for each compliance zone. Response times shall be measured in minutes and seconds from the time the proposer is dispatched by Tacoma Fire Department to arrival on scene and shall be timestamped by both Tacoma Fire Department and the proposer s computer aided dispatch systems. EMERGENCY INCIDENT PRIORITY RESPONSE PERFORMANCE STANDARD In addition to complying with all relevant requirements of the Pierce County Ambulance Rules and Regulations and traveling at speeds that do not exceed the posted speed limits by more than ten miles per hour, the proposer shall respond to ninety percent (90%) of all Priority responses within 8 minutes, 0 seconds. The maximum response time for any Priority response shall be 13 minutes, 0 seconds. All Priority responses shall be made with emergency warning lights and siren. EMERGENCY INCIDENT ROUTINE RESPONSE PERFORMANCE STANDARD - In addition to complying with all relevant requirements of the Pierce County Ambulance Rules and Regulations and traveling at posted speeds, the proposer shall respond to ninety percent (90%) of all Routine requests within 15 minutes, 0 seconds. The maximum response time is 20 minutes, 0 seconds on any Routine request. All Routine responses shall be made without emergency warning lights and sirens in operation. CABULANCE UNIT RESPONSE As part of the current contract, The City of Tacoma requested and Rural/Metro (and, after the merger AMR) provided a staffed cabulance type unit to provide non-medical low priority transportation to area facilities. The City desires to continue the use of such units in the proposed contract. There currently are no minimum and maximum response times for such units in the contract. BARIATRIC UNIT RESPONSE PERFORMANCE STANDARD The proposer will have in their fleet at least one Ambulance unit fitted and equipped as an industry standard Bariatric unit. This includes at a minimum a stretcher rated for at least 1000 lbs of weight and a set of ramps and winching or hydraulic system to load the stretcher without requiring lifting. The response time standard for this unit shall be 25 minutes 0 seconds from time of dispatch until the unit is responding to the call for service. LIQUIDATED DAMAGES: If the proposer s response time does not meet the response time performance standards, and if the City does not grant an exemption to the delay or non-response, the City shall assess, and the proposer will be required to pay, liquidated damages as described in Section E below. 20

21 PERFORMANCE INCENTIVE: In the event during a calendar month the proposer meets or exceeds a ninety-five percent (95%) response rate service area wide and meets or exceeds a ninety percent (90%) response rate within each of Tacoma Fire Department s planning (compliance) zones, the City shall waive liquidated damages described in Section E below for that month, provided that during that month the Tacoma Fire Department did not perform a BLS transport due to the proposer exceeding the maximum response time or because the proposer failed to respond, failed to properly staff or equip units, failed to report on-scene, or experienced mechanical failure. Proposer Agrees: (Initials) Proposer Requests an Exception: B. EXEMPTION TO PERFORMANCE STANDARDS: The proposer may apply and the City may grant exemptions to response time performance standards in situations beyond the proposer s control that cause unavoidable delays or no response. The City shall examine each request for exemption and shall take into consideration the proposer s system status management plan, staffing levels, dispatch times, in-service times, traffic, street blockages, severe weather, and other influencing factors. If the City determines the circumstances warrant, the City shall grant an exemption of the response from the performance standards. To be eligible for such an exemption, the proposer shall apply for the exemption with supporting documentation no later than the month following the month (e.g. occurrences for March shall have exemption requests submitted by the end of April) of the occurrence. The following subsections describe situations where the City shall grant an exemption. Such exemptions shall be applied for events occurring in the service area of Tacoma Fire, Pierce County Fire District 13 (Browns Point/Dash Point), Pierce County Fire District 14 (Riverside) and the Ruston Fire Department. 1. Multiple Unit Response: In the event two or more units are simultaneously committed to one incident, the first arriving unit shall be held to the response time standard. The City shall grant an exemption for each unit starting with the second unit provided the units still arrive at the scene within 20 minutes. 2. Concurrent Responses: In the event two or more units are simultaneously committed to one incident, and one or more additional units are concurrently responding to at least one other separate incident, the City shall grant an exemption for any units assigned to the third incident and any succeeding incidents until at least two of the five units previously committed to incidents are again available for service. 3. Declared Disaster: In the event an emergency is declared as defined by RCW Chapter 43.06, the City shall grant exemption for all units during the declared emergency. 4. Canceled Request: In the event a request is canceled prior to or at the unit s arrival on scene for reasons other than exceeding the maximum response time standard, the City shall grant an exemption. 21

22 5. Response Location Errors: In the event Tacoma Fire Department provides an inaccurate address, or if the location does not exist, the City shall grant a response time exemption. However, if the incorrect response is the result of an error made by proposer s personnel, the City shall not grant an exemption. 6. Response Location Change: In the event Tacoma Fire Department changes the incident location and the change delays the unit s response time because the unit must reroute farther than 300 feet (approximately one city block) to respond to the call, the City shall grant an exemption. 7. Response Delayed by Accident: In the event the proposer s ambulance unit is involved in an accident and cannot continue to respond to the call, the City may grant an exemption provided the proposer can prove the proposer s unit was not at fault for the accident. 8. Reduced/Upgraded Response: In the event Tacoma Fire Department reduces the priority of the response from a Priority to a Routine response or upgrades the response from a Routine to a Priority response, the response shall be considered a Routine response by the City when considering whether response time standards were met. Proposer Agrees: (Initials) Proposer Requests an Exception: C. RESPONSE TIME PERFORMANCE REPORT The Contractor will submit a written report monthly to the Tacoma Fire Department Contract Administrator, in a manner required by TFD, identifying each emergency call dispatched: 1. Which did meet response time standards. 2. Which did not meet response time standards. 3. Each time an ambulance was requested and was not able to respond. 4. Each failure to properly report times necessary to determine response time, onscene time, or transport time. 5. The number of responses and transports with separate subtotals for BLS and ALS. 6. Total liquidated damages assessed per this agreement. 7. Whether performance incentives were met. The report will identify causes of performance failures and shall document efforts to eliminate these problems. Proposer Agrees: (Initials) Proposer Requests an Exception: D. AMBULANCE DEPLOYMENT PLAN The ambulance deployment plan provided in response to this RFP will be kept on file with TFD. Additional ambulance hours must be added by the contractor if the response time performance standard is not met. The plan will describe: 22

23 1. The proposed locations of ambulances and numbers of vehicles to be deployed during each hour of the day and day of the week hour and system status management strategies. 3. Mechanisms to meet the demand for emergency ambulance response during peak periods, defined as 125% of average daily demand. 4. Mechanisms to meet the demand for emergency ambulance response during unexpected periods of unusually high call volume including disasters and other surge events. 5. A map identifying proposed ambulance station or post locations and identifying those geographic areas within the response time compliance areas as indicated in this RFP. 6. The full-time and part-time work force necessary to fully staff ambulances identified in the deployment plans. 7. Any planned use of on-call crews. 8. Ambulance shifts and criteria to be used in determining shift length. 9. Any mandatory overtime requirements. 10. Record keeping and statistical analyses to be used to identify and correct response time performance problems. 11. Any other strategies to enhance system performance and/or efficiency through improved deployment/redeployment practices. The initial ambulance deployment plan shall be maintained for at least the first three (3) months of operations. Except as indicated below, the requirements of this specification and the resulting deployment plan are not necessarily intended to prevent the vendor from performing other non-contract work: Within the Tacoma Fire Department Service Area, the Contractor may do other work (e.g., scheduled non-emergency transports, non-ambulance medical transportation, special event standby coverage, HMO/Government contract work, etc.), provided the non-contract work does not negatively affect the Contractor response times, peak load capacity, disaster readiness and overall efficiency and does not detract from the Contractor s primary service responsibilities to the City. Such outside work shall not serve as a justification, excuse or extenuating circumstance for the breach of any provision of the Agreement resulting from this solicitation. Outside the Tacoma Fire Service Area, the Contractor may provide primary and back-up ambulance service. However, the Contractor shall not utilize the minimum dedicated equipment, personnel, or resources whatsoever that are the subject of this solicitation for providing primary ambulance response coverage outside of the Tacoma Fire service area. Proposer Agrees: (Initials) Proposer Requests an Exception: E. LIQUIDATED DAMAGES: The Agreement resulting from this solicitation will include provisions for payment of liquidated damages. The Agreement provides for the payment of liquidated damages in certain circumstances of nonperformance, breach and default. The proposer accepts that 23

24 the damaged parties actual damages in each such circumstance would be difficult or impossible to ascertain, and that the liquidated damages provided for herein with respect to each such circumstance are intended to place the damaged parties in the same economic position as they would have been had the circumstance not occurred. Nothing in this Section shall be construed to limit any remedies, including termination, provided for herein with respect to any nonperformance, breach or default by the proposer. The proposer shall pay liquidated damages to the City for failure to meet patient care standards and response time standards described in Section A. Each and every call that does not adhere to the performance standards shall first be classified as an alleged performance failure. Each alleged performance failure shall be investigated by the proposer and evaluated by the City. Within thirty (30) days of receipt of the proposer s report, the City shall determine whether there were appropriate or acceptable extenuating circumstances that caused or significantly contributed to the performance failure. The proposer shall pay liquidated damages to the City for all performance failures that are determined to be the fault of the proposer and not the result of an extenuating circumstance described in Section 4.B. 1. Liquidated damages for non-emergency response: For any individual response to a routine non-emergency request that exceeds 15 minutes, 0 seconds, the proposer shall be assessed liquidated damages at a rate of fifty dollars ($50.00) per minute or fraction thereof for each minute to a maximum of two hundred fifty dollars ($250.00). 2. Liquidated damages for an emergency response: For any individual response to a priority request that exceeds 8 minutes, 0 seconds, the proposer shall be assessed liquidated damages at a rate of fifty dollars ($50.00) per minute or fraction thereof for each minute to a maximum of two hundred fifty dollars ($250.00). 3. Liquidated damages for exceeding maximum response time: For any individual response exceeding the maximum response time or being cancelled due to exceeding the maximum response time, the proposer shall be assessed liquidated damages of five hundred dollars ($500.00). 4. Liquidated damages for failure to respond: In the event the proposer fails to or is unable to respond, or refers a call to a non-approved private ambulance contractor, the proposer shall be assessed liquidated damages of one thousand dollars ($1,000.00) per incident. 5. Liquidated damages for failure to properly staff unit: In the event the proposer fails to adequately staff any ambulance unit as required in this Specification the proposer shall be assessed five hundred dollars ($500.00) per unit hour or portion thereof. 6. Liquidated damages for failure to properly equip unit: For any ambulance unit failing to meet the minimum required equipment and supplies called for in the contract, the proposer shall be assessed liquidated damages in the amount of five hundred dollars ($500.00) per occurrence. Additionally, such ambulance unit must be immediately removed from service until the deficiency is corrected. 24

25 7. Liquidated damages for failure of Bariatric response vehicle to respond within 25 minutes: For each incident to which the proposer s Bariatric Response Vehicle is dispatched by Tacoma Fire Department and the vehicle fails to respond to the call within twenty five (25) minutes of dispatch by Tacoma Fire Department, the proposer will incur liquidated damages of five hundred dollars ($500.00). 8. Liquidated damages for circumventing the 911 system: Pierce County EMS Rules and Regulations require private ambulance services responding to emergency incidents not originating through the 911 system must, within 1.5 minutes of call receipt, 90% of the time, notify the Tacoma Fire Department Fire Communications Center of the responding unit, address of call, nature of call and estimated time of arrival of the private ambulance on scene. Failure of the proposer to follow the above requirement or otherwise circumvent the 911 system shall lead to the assessment of liquidated damages against the proposer in the amount of one thousand dollars ($1,000.00) per occurrence. 9. Payment of liquidated damages: The City shall invoice the proposer monthly for any liquidated damages assessed during the prior period. The proposer shall pay the liquidated damages within 30 days of receipt of invoice. 10. Appeal of liquidated damages assessment: The proposer may request the City s Contract Administrator to reconsider imposition of liquidated damages. In instances when the City s Contract Administrator reviewed the circumstances for imposing liquidated damages and determined that the grounds are sufficient to justify the imposition of the liquidated damages, the proposer shall have the right to appeal such determination to the Fire Chief. The Contract Administrator shall report the reasons for determination to the Fire Chief. The ruling of the Fire Chief shall be final. 11. Liquidated damages waived during start up : The City agrees to waive the response time liquidated damages described in this section for the first three (3) months of the Agreement resulting from this solicitation. Proposer Agrees: (Initials) Proposer Requests an Exception: F. VEHICLES 1. Ambulances all used under this contract will: a) Be of Type I or Type III layout; b) Be consistently configured; c) Be equipped with power assisted gurneys and powered gurney lifting equipment; d) Meet or exceed the current Federal KKK-A-1822 standards at the time of the vehicles original manufacture, except where such standards conflict with State of Washington standards, in which case the State standards shall prevail; e) Meet or exceed the recommendations for ambulances by the Ambulance 25

26 Manufacturers Division of the National Truck Equipment Association; and f) Meet or exceed the equipment standards of the State of Washington. g) All vehicles used will be subject to inspection by TFD Garage personnel at the proposers cost prior to being put in service and at every 50,000 miles of service. h) Ambulances will be removed from service for calls for service arising from this contract at the following mileages; Gasoline powered units shall be replaced with units that comply with above section F.1.c prior to 125,000 miles and diesel powered units shall be replaced prior to 250,000 miles. 2. Supervisor vehicles all used under this contract will: a) Be of sufficient size to carry all required equipment. b) Have mileage standards consistent with ambulance mileage standards. c) Be similar in make and configuration. d) Have a tow package and carry towing equipment of sufficient rate to tow disaster trailers (10,000 lbs tow capacity). e) Must meet Federal Department of Transportation and National Fire Protection Association standards for priority response vehicles. 3. Vehicle Maintenance Program A vehicle maintenance program must be designed and conducted so as to achieve the highest standards of reliability appropriate to a modern emergency service. The vehicle maintenance program will be reviewed and approved by the City. The proposer will maintain detailed vehicle maintenance records. Vehicles shall be kept in excellent working condition at all times. Any vehicle with any deficiency that compromises, or may compromise, its performance shall be immediately removed from service. 4. Vehicle Safety Program The Contractor will have a vehicle safety program that includes an on-going drivertraining program for ambulance personnel, policies and procedures for safe driving, and other mechanisms to promote safe driving and prevent vehicular crashes/incidents. 5. Equipment and supplies Each ambulance will carry standardized equipment and supplies that meet federal, State, and local requirements for advanced life support ambulances, including the requirements of the Pierce County Ambulance Rules and Regulations. As much as possible the location ofsuch equipment and supplies will be stored in the same location in all ambulances. Durable equipment does not need to be new at the beginning of the contract but will be required to meet specifications approved by the City. All expendable supplies including medications and controlled substances must be restocked by the Contractor. The Contractor will have a supply inventory control process. All medical equipment shall be in good repair and safe working order at all times. There shall be sufficient medical equipment and expendable supplies so that there is sufficient backup to accommodate replacement during repair and for times of excessive demand in the system. 6. Field Supervisor s Vehicles 26

27 Field supervisor s vehicles will carry essential medical equipment and supplies so that initial patient care can be provided should this vehicle arrive first at the emergency scene. Additionally these vehicles will carry equipment and supplies likely to be needed at multi-casualty incidents and have a minimum tow capacity of 10,000 lbs. 7. City of Tacoma Sustainability/ Climate Action Plan The Contractor will be responsible for having in place a policy that supports the City of Tacoma sustainability guidelines for reduction of greenhouse gas emissions by using strategies that minimize idling to the maximum extent possible. Special attention should be paid to strategies that would reduce the consumption of fuels and/or the use of fuels designed to reduce emissions. For more information, please review : Proposer Agrees: (Initials) Proposer Requests an Exception: G. COMMUNICATIONS EQUIPMENT 1. The Contractor will utilize the City of Tacoma s radio system for voice communications between the dispatch center(s), ambulances, TFD units and hospitals. Costs for using the system must be negotiated with City of Tacoma Radio services and payment for access must be kept current and up to date. This payment will be a separate charge paid directly to City of Tacoma Radio Services department. The costs are outlined in attachment H. 2. The Contractor must have Automatic Vehicle Location/Global Positioning Software/Mobile Data Terminals (AVL/GPS/MDT) in place in ambulances and ambulance field supervisor vehicles. This equipment must be integrated with the Contractor s CAD system so that the closest units to a call may be dispatched. 3. The Contractor must equip each ambulance with appropriate emergency communications and alerting devices. Every ambulance must be able to communicate at all times and locations with TFD Dispatch center, TFD units, other ambulances, supervisor s vehicles, receiving hospitals, and other Pierce County fire agencies. Each ambulance must have both a mobile radio and at least one (1) portable radio. Radios will be positioned in the ambulance so that a crew member in the patient compartment is able to use the mobile radio. Each ambulance must have emergency alerting devices capable of being used to notify ambulance personnel of response need and radio communications equipment sufficient to meet or exceed the requirements of Pierce County Ambulance Rules and Regulations and TFD Radio policy Attachment C. 4. Each ambulance shall have mobile data terminal capability, CAD access, mapping software and/or map books, and the ability to send electronic patient care records to the receiving hospital and to a centralized server via wireless technology. Each ambulance will be equipped with automatic vehicle location (AVL) and global positioning satellite (GPS) communication capability. 27

28 Proposer Agrees: (Initials) Proposer Requests an Exception: H. Personnel 1. Ambulance Work Schedules and Conditions At least 51% of the personnel who staff ambulances shall be the Contractor s full-time employees. The Contractor s work schedules and assignments shall be consistent with generally accepted standards for this industry to provide for reasonable working conditions for ambulance personnel. Ambulance personnel shall not be fatigued to an extent that their judgment or motor skills might be impaired. Ambulance personnel must have sufficient rest periods to ensure that they remain alert and well rested during work periods. 2. Compensation/Fringe Benefits The Contractor should provide reasonable compensation and benefits in order to attract and retain experienced and highly qualified ambulance personnel. The Contractor is encouraged to establish programs that result in successful recruitment and retention of personnel. 3. Treatment of Incumbent Workers A number of dedicated highly trained personnel are currently working in the City of Tacoma EMS system. In the event the Contractor turns out to be other than the incumbent contractor, every effort must be made to ensure a smooth transition and to encourage current EMS personnel to remain with the system. To that end, in the event of a change in contractors, all current qualified Contractor ambulance employees (other than owners and executive management) are to be considered for preferential hiring by any new Contractor. A new Contractor shall offer such employees employment in substantially similar positions. A new Contractor will consider current employee scheduling and make reasonable efforts to transition its new employees to its organization as smoothly as possible. Employment stability within the EMS system is an important concern of incumbent employees. Incumbent personnel hired will retain "seniority status" earned while working full-time in the City of Tacoma EMS system. If hired by a new Contractor, the Contractor agrees to provide full time employees with a wage and benefit program comparable to the incumbent employees current program. If the incumbent contractor is successful, it agrees to maintain, at a minimum, current salary and benefit levels for personnel. The City expects that to attract and retain outstanding personnel, the Contractor must utilize reasonable compensation scheduling methods. The Contractor's economic efficiencies are not to be derived from the use of substandard compensation. The system in no way intends to restrict the ingenuity of Contractor and its employees from working out new and creative compensation (salary and benefits) programs. The system s goal is simply to ensure that Contractor initially 28

29 and throughout the term of the Agreement provides a financial benefit to encourage employee retention and recruitment for the system. 4. Character, Competence and Professionalism of Personnel The parties understand that ambulance services are often rendered in the context of stressful situations. The City expects and requires professional and courteous conduct and appearance at all times from the Contractor's ambulance personnel, medical communications personnel, middle managers and top executives. The Contractor shall address and correct any occasional departure from this standard of conduct. All persons employed by the Contractor in the performance of its work shall be competent and holders of appropriate licenses and permits in their respective professions and shall undergo a criminal record check in accordance with State of Washington requirements. It is the City s intent in requiring a criminal record check that the Contractor is aware of any felony or misdemeanor convictions that could be a factor related to an individual s performance in an EMS system. These should include, at a minimum, exclusion from the federal Medicare or Medicaid programs, felony or misdemeanor convictions related to driving under the influence, theft, drug related offenses, and sexual offenses including rape, child abuse and spousal abuse. The Contractor must independently judge the employability and potential liability associated with employing any individual with a past history of such offenses. 5. Ambulance Staffing Ambulances must be staffed with at least one paramedic (EMT-P). The second crew member may be another paramedic or an EMT-B. 6. Management and Supervision The Contractor must employ management and supervisory personnel to manage all aspects of emergency ambulance service including administration, operations, EMS training, clinical quality improvement, recordkeeping and supervision. Such supervision shall be provided continuously 24 hours per day. 7. Communicable Diseases, Safety, and Prevention The Contractor will have a Communicable Disease Policy that complies with all Washington State Department of Labor and Industry requirements and other regulations related to prevention, reporting of exposure, and disposal of medical waste. All personnel shall be trained in prevention, personal protective equipment, and universal precautions. 8. Employee Safety The contractor will train personnel and provide equipment necessary to ensure protection from illness or injury. 9. Critical Incident Stress Management (CISM) and Employee Assistance Program The Contractor will maintain a CISM program that is integrated with CISM programs for 29

30 law enforcement, fire service, and dispatch personnel in the City of Tacoma. The Contractor will administer an employee assistance program (EAP) for its employees. Proposer Agrees: (Initials) Proposer Requests an Exception: I. TRAINING AND CONTINUING EDUCATION 1. The Contractor must provide a comprehensive training/education program for all paramedic and EMT personnel. Where appropriate, joint training sessions for ambulance and fire service responders are encouraged. Such a program shall include, but not be limited to: a) Advanced training for EMT-Bs staffing ALS ambulances; b) Orientation to the Tacoma Fire EMS System; c) Pre-certification field evaluation for paramedics; d) Post- certification education, supervision, evaluation; e) Continuing education that is linked to quality improvement activities, including skills, procedures, protocols, issues and other programs; and other programs and activities to maintain uniform skill proficiency. 2. In addition to current State of Washington certification all paramedics employed must maintain current valid certifications for: a) Pediatric Advanced Life Support or Pediatric Emergencies for the Prehospital Contractor; b) Pre-hospital Trauma Life Support or Basic Trauma Life Support or equivalent as determined by the Pierce County EMS office. c) Advanced Cardiac Life Support. 3. Paramedics must have specialized training in: a) Incident Command System; National Incident Management System ICS- 100, 200, and Continuing Education Provider (C.E. Provider) a) The Contractor must have a Pierce County EMS office approved Continuing Education Plan, and the staff responsible for clinical education and clinical quality improvement shall meet the qualifications for EMS CE clinical director in accordance with the Pierce County EMS office. 5. Communications to Personnel a) The Contractor must timely and accurately communicate with all personnel providing services under the contract to include any changes in EMS system policies, procedures, protocols, or precautions. 30

31 6. Training Records The Contractor must maintain a single database for all clinical personnel. The City will have access to this database. The database will be continually updated so that records are current. The database will include, but not be limited to: a) Employment status (e.g., currently employed by, previously employed by); b) Certification/licensure; c) Paramedic Certification; d) Required training programs within this contract (e.g., ACLS, PALS, advanced EMT, driver training); and any on-going training required by the City. Proposer Agrees: (Initials) Proposer Requests an Exception: J. HOSPITAL AND COMMUNITY REQUIREMENTS 1. Hospitals a) There will be prompt notification of incoming patients by the ambulance crew with all pertinent information presented in a concise and standardized format. b) The Contractor will co-sponsor, at least annually, and actively participate in events which include the entire EMS health care community involving emergency department physicians, nurses, dispatchers, fire service and ambulance paramedics and EMTs. c) The Contractor will have a user-friendly and effective system for hospitals to communicate with: i. Ambulance management and quality improvement staff. ii. Ambulance paramedics and EMTs. 2. Community Education/Prevention a) The Contractor will fund a 0.5 F.T.E. EMS Injury/Illness prevention specialist who shall be an employee of TFD and who will work on community injury and illness prevention strategies. Proposer Agrees: (Initials) Proposer Requests an Exception: K. DISASTER PREPAREDNESS 1. Multi-Hazard Disaster and Multi-Casualty Plans a) The Contractor will have an internal multi-hazard disaster plan which includes, but is not limited to, triggers for activation, notifications, communications, staffing, vehicles, equipment and EMS surge supplies needed for at least 72 hours. 31

32 b) The Contractor will have a multi-casualty response plan which includes, but is not limited to, triggers, personnel, supplies, patient tracking procedures, and communications. c) The Contractor will conduct training for all its employees which is designed to upgrade, evaluate, and maintain readiness for disaster and multi-casualty response. d) The Contractor will participate with the City in disaster planning. This requirement includes: identifying local staff having responsibility for multicasualty and disaster planning and providing field personnel and transport resources for participation in any disaster drill in which the City disaster plan/multi-casualty incident plan is exercised. 2. Mutual Aid To the extent units are available and consistent with its primary responsibility to provide ambulance and emergency medical services, and with City approval, the Contractor will render automatic aid and mutual aid to adjacent jurisdictions. The Contractor will have procedures to effectively accept automatic aid and mutual aid from adjacent jurisdictions. Proposer Agrees: (Initials) Proposer Requests an Exception: L. QUALITY/PERFORMANCE The Contractor will have a comprehensive quality improvement program and performance measures program. This program will include all operations and services and not be limited to clinical care. 1. Quality Improvement Program a) The Contractor will have a comprehensive emergency medical services system quality improvement (QI) program. The program shall be an organized, coordinated, multidisciplinary approach to the assessment of pre-hospital emergency medical response and patient care for the purpose of improving patient care service and outcome. The program should not be limited to clinical functions alone. The program should include methods to measure performance, identify areas needing improvement, develop and implement improvement plans, and then evaluate the results. Additionally, the contractor will have an accountability system for patient belongings. The program shall describe customer service practices. b) The Contractor will review its QI program annually for appropriateness to the Contractor s operation and revise as needed. c) The Contractor will participate in the Pierce County EMS Council QA/QI 32

33 committee that may include making available relevant records for program monitoring and evaluation. d) The Contractor will develop, in cooperation with appropriate personnel/agencies, a performance improvement action plan when the QI program identifies a need for improvement. If the area identified as needing improvement includes system clinical issues, collaboration is required with the Pierce City Medical Program Director or his/her designee. e) Submit a quarterly report to the City to show compliance with the approved plan and areas for improvement; and provide the City with an annual update, from date of approval and annually thereafter, on the contractor s QI program. The update shall include, but not be limited to, a summary of how the QI program addressed the program indicators. 2. Inquiries, Complaints, and Incident Reports a) The Contractor will promptly respond to and follow-up on inquiries and complaints. b) The Contractor will cooperate with the City and/or the Pierce County EMS office in the investigation of an incident or unusual occurrence. c) The Contractor will complete an incident or unusual occurrence report within 24 hours for personnel involved in an unusual occurrence. d) The Contractor will immediately notify the City of potential violations of the Washington State Health and Safety Code, or Pierce County EMS policy and protocols. Proposer Agrees: (Initials) Proposer Requests an Exception: M. PATIENT CARE RECORDS (PCRS) AND ELECTRONIC RECORD WAREHOUSE The Contractor will have an electronic patient record system. An integrated electronic patient care record (CAD, first responder, ambulance, hospital) should be constructed so that performance metrics can be easily identified and measured. The records will be stored in an electronic database. For each patient encounter there will be a single electronic patient care record to include CAD dispatching data, and ambulance paramedic patient information. The dispatching data and ambulance paramedic patient information should be an integrated electronic record available at the time the patient is left at the hospital. The completed electronic integrated patient record will be sent to a r egional electronic data warehouse once that warehouse is operational. The Contractor will supply the necessary technology and equipment on each ambulance and paramedic first response vehicle to achieve the above described patient care record. The software will utilize standard medical electronic data protocols, encryption, and 33

34 cleansing for such data transfers. Use of the regional data warehouse is not mandated to be operational when the contract starts. However, it should be ready to transfer data to the warehouse within one year from the start date of the contract. Any modifications to the Contractor s electronic patient record system in order to achieve this shall be paid for by the Contractor. The patient care record data set will be compliant with the National Emergency Medical Services Information System (NEMSIS) and include the additional elements required by Washington State Emergency Medical Services Information System (WEMSIS). The City will have approval authority for the data set and for the format of the printed patient care record. Modification to either NEMSIS or WEMSIS should be accommodated without any cost to the City. The electronic patient record should be completed, and be available to the emergency department staff, when the patient is left at the hospital emergency department. An abbreviated electronic patient record may be acceptable for this purpose but content/format must be approved by the City. Proposer Agrees: (Initials) Proposer Requests an Exception: N. DISPATCH The present dispatch system, in which Tacoma Fire Dispatch Center requests the ambulances using a CAD to CAD electronic interface, which then assigns an ambulance in accordance with the Contractor s deployment plan, will be continued. The Contractor will be expected to contribute to help support the costs of TFD Dispatch Center for the services it provides under this system. 1. Requirements: a) If not already electronically capable of interconnection, the Contractor will fund an enhancement of the Fire Dispatch CAD to permit a direct CAD to CAD connection with the Contractor s CAD software. This one-time expense will be initiated at a time chosen by TFD and South Sound 911. TFD estimates this will cost approximately $60,000 to $100,000 and will be a one-time expense for the duration of the contract period. b) The Contractor will have Automatic Vehicle Location (AVL)/Global Positioning (GPS) and mobile data terminals (MDTs) in ambulances and supervisor s vehicles. c) The Contractor will be responsible for the ambulance deployment plan and ensure that supervisors and ambulance crews are appropriately knowledgeable of the ambulance deployment plan and dispatch procedures. 34

35 Proposer Agrees: (Initials) Proposer Requests an Exception: O. FINANCIAL AND ADMINISTRATIVE 1. General Terms of the Contract In addition to other specific negotiated terms, among the terms of the final agreement with the City, the City expects that the successful proposer will be willing and able to commit to the general terms. A listing of these general terms is found at the beginning of these specifications. 2. Patient Fees and Compensation Current patient fees are included as Attachment F. Proposers are encouraged to maintain or decrease these fees. The Contractor s rates proposed on Fee Proposal form shall be inclusive of all Contractors costs. Contractor shall not separately charge, separately invoice, or separately itemize on invoices disposable supplies, equipment usage, or recoupment of payments made including liquidated damages to the City. The patient fees will be fixed for at least one year from the beginning date of the contract. An annual escalation of these rates may be requested by the Contractor not to exceed the CPI-W for the Seattle-Tacoma-Bremerton metropolitan area for the previous year (June 30-July 1) or 5% whichever is less. The rate increase shall occur on the anniversary date of the contract. 3. Compensation The Contractor s sole financial compensation for services rendered under the Agreement shall be the rates billed and collected from patients and responsible third parties. The City, local tax support, or subsidy shall not fund any services provided by the Contractor. 4. Billing and Collection System The Contractor will operate a billing and collections system that is well-documented, easy to audit, customer friendly, assists in obtaining reimbursement from third party sources, and is capable of electronically filing Medicare and Medicaid billing claims. 5. Local Number for Billing Problems The Contractor will have a local number and staff available to handle any billing problems that customers may have. This number must be published in any billing documentation sent to customers as a result of this agreement. A summary report of billing problems will be supplied to TFD as a part of the monthly performance report. Contact information for citizens will be supplied so TFD may conduct customer satisfaction follow up surveys. 6. Financial Hardship Policy The Contractor shall have a written financial hardship policy. 7. Annual Financial Audit The Contractor will supply annual financial statements audited by an independent Certified Public Accountant in accordance with generally accepted auditing standards. 35

36 Statements shall be available to the City within one hundred twenty (120) calendar days of the close of each fiscal year; the Contractor will also supply its quarterly unaudited financial statements. The Contractor will submit annually detailed analytical information, in a format to be agreed upon, related to the performance measures under contract during the contract period. The Contractor will also supply any information requested by the City s Contract Administrator during this contract. 8. Payments to City of Tacoma Monthly Payment: The Contractor shall make an annual payment of 462,216 payable in equal monthly payments of $38,518 to the City to cover the City s costs of administering the Agreement and providing resources to support the BLS transport program. Such costs include and are not limited to: Shared costs with Tacoma Fire associated with the dispatch of and communication with EMS providers, excluding the Contractor s use of the Tacoma Fire departments radio frequencies. The City s incremental cost associated with monitoring Contractor s compliance with the Agreement; and, the City s incremental cost associated with medical control and quality assurance. The funding needed to support the 0.5 FTE Injury and Illness prevention specialist position within the Tacoma Fire department. For the period of the Agreement resulting from this solicitation, the annual payment amounts above shall be increased annually by 5.0% or the actual increase in the Consumer Price Index (CPI-W) for the Seattle-Tacoma-Bremerton area for the previous twelve month period (as determined by the U.S. Department of Labor, Bureau of Labor Statistics), whichever is less, on the anniversary of the effective date of this Agreement. 36

37 VI. PROPOSAL AND EVALUATION PROCESS A. Proposers Pre-Proposal Meetings Once the solicitation process begins, the only opportunity for proposers to discuss the RFP specifications and process with City of Tacoma staff will be at the two scheduled pre-proposal meetings. There will be no other opportunity to discuss the RFP or the competitive process with City staff. Proposers may submit written questions or recommended modifications to the RFP before and after the pre-proposal meetings have been concluded. All submissions and City responses to said submissions will be contained in addenda to the RFP made following the written question submission and will be posted on the City website C. Advisory Committee An evaluation of proposals will be made by an Advisory Committee selected by the City of Tacoma Fire Department Chief. The Committee will review the proposals and make a recommendation to the Fire Chief. The Fire Chief reserves the right to accept or reject the Committee s recommendation. This committee will be comprised of three to five individuals who have knowledge and experience in emergency medical services. Additionally, the City may use technical experts who may include City staff or outside subject matter experts to assist the Committee with the selection process. Each proposal will be reviewed to determine if the proposer can meet the requirements as set forth in this RFP. The proposer must demonstrate that each requirement is met. Where documentation relative to a specific requirement is incomplete or silent, it shall be assumed that the proposal is deficient. The Committee may choose to interview the proposers. The Advisory Committee will evaluate proposals and the qualifications of proposers. The evaluation criteria will include, but not be limited to: Proposer s qualifications, experience, and financial strength Administrative and financial qualifications and experience, including, but not limited to, patient fees and billing practices System Design and Operations Personnel Wages and Benefits D. EVALUATION: Proposals will be reviewed to ensure they were legally received within the time limit and are not defective in any way that would prevent them from being legally considered. Any proposals not legally received will be returned unopened to the proposer. Other defects will be reviewed individually. Any proposals with fatal defects will be returned to the proposer without further review. 37

38 Proposals will be reviewed and ranked by the Advisory Committee using the following methodology: 1. Credentials and Qualifications This section will be evaluated to determine whether the proposer has the experience, resources and financial structure to provide the services identified in the RFP, and will be rated as "qualified" or "not qualified". A qualified provider shall be a provider who can demonstrate that it has provided emergency medical services of the level required successfully for a period of at least three (3) years continuously within the seven (7) years immediately preceding its proposal. In addition, the following qualifying criteria will be used: (a) Experience in providing Advanced Life Support (paramedic) and Basic Life Support (EMT) service to a similar sized municipality. (b) Demonstrated ability to meet response time standards. (c) Financial strength and stability. (d) Demonstrated expertise in system management. 2. System Requirements in Proposal The system requirements in each proposal for determined qualified proposals will be evaluated and scored based on the following criteria: POINTS (a) Deployment plan dedicated resources: 40 points This section will rate each proposal based on the total number of unit hours per week of ambulance resources that are dedicated to exclusive use for Tacoma Fire department calls. (b) Deployment plan for meeting 125% of daily peak usage, Multi-Casualty Incidents (MCI), high demand, etc.: 20 points This section will rate each proposal based on the total of the unit hours from section (a) and any additional unit hours of local resources that would be used to meet above daily peak system conditions. (c) Consumer charges: 20 points This section will calculate the estimated annual total costs billed to customers based on the proposed fee structure submitted on Attachment J and the 2016 total number of ALS and BLS transports using a 4 loaded mile average transport distance. 38

39 (d) Employee wages and benefits: 20 points This section will use the information provided by each Proposer in filling out Attachment I for EMT, Paramedic and Dispatcher to calculate an annual total compensation number for each class of employee. Total 100 points Criteria Points Deployment plan dedicated resources 40 Deployment plan for meeting 125% of daily peak usage, Multi- 20 Casualty Incidents (MCI), high demand, Consumer Charges 20 Employee wages and benefits 20 Total Tabulation and Ranking The members of the Advisory Committee will score each of the above evaluations for each proposal. The proposal that scores the highest in each section will receive 100% of the sections available points, the other proposals will receive a proportional amount of the sections points based on the calculated ratio between the top scoring proposal and the other proposal. Tabulated totals will then be used to obtain a final competitive ranking of proposals, highest to lowest, based upon the scores received. The ranking will be provided to the Fire Chief with a contract award recommendation to propose to the City. Example of scoring for section (a); Proposal #1 submits 280 unit hours and proposal #2 submits 250 unit hours. Proposal # 1 is awarded the maximum of 40 points and proposal #2 is awarded 250/280 = 89.29% of 40 or points. All calculations will be rounded to the second decimal place. E. Protest Process A proposer may submit a written protest of the Advisory Committee decision to Patsy Best, Procurement and Payables Manager, City of Tacoma. Such written protest must be submitted within two business days of the Notice of Non-Selection sent from the Purchasing office. 39

40 VI. PROPOSAL FORMAT AND CONTENTS A. Format/Submission Requirements Proposals shall be typewritten using a font of Arial 12 point, or equivalent, and unbound. The use of three-ring binders is essential. Proposals shall include page numbers and have major sections tabbed. The proposal shall include a table of contents. The table of contents shall outline the proposal content and shall be sequenced and numbered consistent with the sequence given below. Any information, which does not fit logically into one of these labeled sections, shall be appended to the proposal in an area separate from the proposal. Required attachments should be submitted only once and should be referred to in the proposal as appropriate. Table of Contents Required Forms Signature Page Prime Contractor s Pre-Work Form Summary Letter Statement regarding General and Special Terms of Contract (response to section VII.B) Proposer Qualifications (response to section VII.C) Ambulance Deployment Plan (response to section V and VII.D) Personnel wages and benefits (response to section VII.D and Attachments I ) Proposed transport fees (response to section VII.E and Attachment J ) Financial Information (response to Financial template and Attachment K ) The digital copy of the proposal shall be formatted in the same way as the hard copy version. Digital copies are to be in PDF format with the following elements: 1. Document should be non-secured 2. Document should have a linked table of contents 3. Document should include all pictures, graphs, and any additional appendix material provided with the original hard copy. The summary letter of the proposal shall be a summary letter from the proposer to the City explaining the unique qualifications and features that are being proposed in the response. B. General Terms of Contract The proposal should include a statement of the proposer s ability to enter into an agreement, the final version of which will include all the applicable Standard and Additional Terms and Conditions included as part of this RFP. In the event that the proposer cannot agree to any of the terms, it should specifically identify each term, explain why it cannot agree to that term and propose an alternative term. C. Proposer Qualifications Legal business status (i.e., partnership, corporation, etc.). Number of years in business; Other or prior business names; Whether proposer holds controlling interest or is controlled by another organization; if the business unit is a local unit of a national company, then the following 40

41 information must be submitted for the national company as well Financial interest in related business; Business partners in the last five years; Provide a list or table of every community your organization currently serves and every community it previously served in Washington, Idaho, and Oregon. Indicate: Type and level of service provided including the population served; The contract period; Whether the contract was competitively awarded; Remaining term of each contract; Circumstances under which any contracts were terminated, failure to complete and allegations of deficient service if applicable; Last two years history of response time compliance fines monthly for each contracted business unit; Document your organization s experience providing emergency ambulance services meeting independently verifiable maximum (fractile) response times; and Describe your organization s experience working with the fire service and other public entities. Financial Document your organization s current net worth and the form of that net worth including its capacity to convert non-liquid assets into cash if needed. Provide an audited financial statement of current assets and liabilities for the past two years. Document your organization s access to working capital, including the finance of equipment needed to service a system such as the one in the City of Tacoma. Provide evidence of the amount of current reserve borrowing power for your organization. List commitments or potential commitments, which may impact assets, lines of credit, guarantor letters, or otherwise affect your abilities to perform this contract. Describe the circumstances of any terminations of emergency ambulance service involving your organization within the past five years. Proposers shall submit responses to the financial template (Attachment M). The requested financial information on the template can be provided by proposers on a CD or flash drive. Any information provided in response to the template will be considered potentially confidential. However, pursuant to Washington State law, the City cannot legally refuse to disclose the information without a court order. In the event the records are requested by the public, the City will notify the proposer ten days in advance of the scheduled disclosure to enable the proposer to obtain a court order to prevent the disclosure of such information. Legal actions List all litigation with settlement amounts of $200,000 or more in the past five years involving your organization or any principal officers in connection with any contract for similar services. Include the title of the case, case number, court, how resolved and in what amount, if any, payments were made. List any instances of major regulatory actions or sanctions against your organization, including suspension or revocation of any operating license or permit, any sanctions 41

42 under Medicare or Medicaid programs, revocation of a business permit, or any sanctions by other third-party payers, whether public, private, or non-profit. List all bankruptcy proceedings in which your organization or parent organization has been the debtor Subcontractors Identify any proposed subcontractors and describe subcontractor s qualifications. Provide a detailed description of the services to be subcontracted and the terms, including financial of the sub contractual relationship. Key Personnel Identify key personnel who will be responsible for operations within City of Tacoma/ Pierce County including, but not limited to, the local operations manager and those responsible for quality improvement, the data system and warehouse, education/training, billing, equipment maintenance, and communications. For each, identify: Qualification, education, and experience; Time in the position. If time in the position is less than five years, the time in the position for the incumbent s predecessor. Budgets Provide detailed information on the full costs of your proposed service. Using the forms provided in Attachment K, provide the above information for each year of the first three years of operation. Additionally, the proposer shall provide complete information on its projected revenue from ambulance service billing for each of the first three years. If revenue from ambulance service billing does not cover costs of operations, the proposer shall document its projected source of revenue to offset such loss and shall detail the proposer s projected timeframe to recoup losses. Full Cost shall mean all costs attributable to the provision of service. Explain any payments to subcontractors, and explain in detail what is being funded. Provide a statement agreeing to provide the City an annual audited financial statement according to the requirements identified. Other Provide any other information about your organization which may be helpful to the City in understanding why your organization should be selected as the contractor. D. System Requirements in Proposal Operations Start-up Describe how your organization would manage the start-up of services with the planned time frame from the contract approval to implementation; include fleet, other equipment, communications system, staff, and key personnel. Provide a timeline of key points in the startup process to accomplish start-up. If anything in the proposed service will not be in place on the starting date of the contract, it must be clearly identified and a deadline for its implementation provided. 42

43 Response Time Standards and Incentives Supply supporting documentation to demonstrate the organization s ability to meet the response time criteria. Such documentation shall contain procedures, including monitoring and verification procedures, to be used to record and analyze response time statistics. List your recommendations for response time exceptions other than those already stated in the RFP. Ambulance Deployment Plan Identify the initial deployment plan which shall be maintained for at least the first three (3) months of operations. For this plan: Describe proposed locations of ambulances and numbers of vehicles to be deployed during each hour of the day and day of the week. Describe 24-hour and system status management strategies. Describe mechanisms to meet the demand for emergency ambulance response exceeding peak periods of normal daily peak response (125%) or unexpected periods of unusually high call volume, MCI, etc. Describe how a surge during disaster would be managed, where would resources come from and how long would they take to arrive in Tacoma. Include a map identifying proposed ambulance station or post locations and identifying those geographic areas within the response time compliance areas as indicated in this RFP. Describe the full-time and part-time work force necessary to fully staff ambulances identified in the deployment plans. Describe any planned use of on-call crews. Describe ambulance shifts and criteria to be used in determining shift length. Describe any mandatory overtime requirements. Describe record keeping and statistical analyses to be used to identify and correct response time performance problems. Describe any other strategies to enhance system performance and/or efficiency through improved deployment/redeployment practices. Provide a statement detailing how ambulance hours will be redeployed or added if the response time performance standards are not met. Personnel Ambulance workforce Non incumbents will describe your approach and policies regarding the treatment of current emergency ambulance contractor s paramedic and EMT employees. Incumbent must affirm that no reduction in wages or benefits will be a result of this RFP process. Describe work schedules, shift assignments, policies including those related to workload protection, and any audit criteria related to work schedules and working conditions. Describe methods that will be used to minimize the turnover rate among the provider s personnel, including your employee retention program. Describe how you measure workload and fatigue for ambulance crews. Include a copy of personnel compensation/fringe benefits package for EMTs and 43

44 paramedics, and dispatchers in this proposal. Proposer must submit this information using the forms included as attachment I. Describe your personnel recruitment and screening processes. Staffing Describe the mechanism for ensuring that ambulance-staffing standards are met. E. Transport Fees Patient Fees Submit the completed forms for Proposed Ambulance Rates Attachment J. This should include the listing of the rates for ALS and BLS transports. Providers proposed fee schedule for ALS and BLS transports, inclusive of all supplies used. Mileage charge for transports. Include a statement committing that the patient fees contained in the proposal will not be increased for at least one year from the commencement of the contract. 44

45 APPENDIX A Proposal Signature Sheet Prime Contractor s Pre-Work Form Bid Bond Form Sample Performance Bond Form 45

46 SIGNATURE PAGE CITY OF TACOMA DEPARTMENT FIRE DEPARTMENT All submittals must be in ink or typewritten and must be executed by a duly authorized officer or representative of the bidding/proposing entity. If the bidder/proposer is a subsidiary or doing business on behalf of another entity, so state, and provide the firm name under which business is hereby transacted. Submittals will be received and time stamped only at the City of Tacoma Purchasing Division, located in the Tacoma Public Utilities Administration Building North, Main Floor, at 3628 South 35 th Street, Tacoma, WA REQUEST FOR PROPOSALS- SPECIFICATION NO. FD f PRIVATE AMBULANCE EMERGENCY RESPONSE AND TRANSPORT The undersigned bidder/proposer hereby agrees to execute the proposed contract and furnish all materials, labor, tools, equipment and all other facilities and services in accordance with these specifications. The bidder/proposer agrees, by submitting a bid/proposal under these specifications, that in the event any litigation should arise concerning the submission of bids/proposals or the award of contract under this specification, Request for Bids, Request for Proposals or Request for Qualifications, the venue of such action or litigation shall be in the Superior Court of the State of Washington, in and for the County of Pierce. Non-Collusion Declaration The undersigned bidder/proposer hereby certifies under penalty of perjury that this bid/proposal is genuine and not a sham or collusive bid/proposal, or made in the interests or on behalf of any person or entity not herein named; and that said bidder/proposer has not directly or indirectly induced or solicited any contractor or supplier on the above work to put in a sham bid/proposal or any person or entity to refrain from submitting a bid/proposal; and that said bidder/proposer has not, in any manner, sought by collusion to secure to itself an advantage over any other contractor(s) or person(s). Bidder/Proposer s Registered Name/dba Address City, State, Zip Signature of Person Authorized to Enter into Contracts for Bidder/Proposer Printed Name and Title (Area Code) Telephone Number / Fax Number Date Address E.I.No. / Federal Social Security Number Used on Quarterly Federal Tax Return, U.S. Treasury Dept. Form 941 State Business License Number in WA, also known as UBI (Unified Business Identifier) Number State Contractor s License Number (See Ch , R.C.W.) Addendum acknowledgement (when applicable) #1 #2 #3 THIS PAGE MUST BE SIGNED AND RETURNED WITH SUBMITTAL. Form No. SPEC-080A Revised: 11/19/11 46

47 City of Tacoma Community & Economic Development Office of Small Business Enterprise 747 Market Street, Room 900 Tacoma, WA or PRIME CONTRACTOR'S PRE-WORK FORM Company Name Telephone Address/City/State/Zip Code Specification Number JOB CATEGORIES SPECIFY Officer / Managers Supervisors Project Managers Office / Clerical TOTAL EMPLOYEES Specification Title TOTAL MINORITY EMPLOYEES BLACK ASIAN or PACIFIC ISLANDER AMERICAN INDIAN or ALASKAN NATIVE HISPANIC M F M F M F M F M F M F Apprentices Trainees TOTALS CONTRACTOR'S PROJECTED WORK FORCE - THIS PROJECT Superintendent Foreman Operators Laborers Apprentice Trainee TOTALS Type or Print Name of Responsible Officer / Title Signature of Responsible Officer Date 47

48 INSTRUCTIONS FOR COMPLETING PRIME CONTRACTOR S PRE-WORK FORM This form only applies to employees who will be working on this specific project. 1. "Heading" the company name and address should reflect the subcontractor actually doing business with the City of Tacoma. If this address is different from that of the Equal Employment Opportunity Officer that administers the EEO programs of the company, the Equal Employment Opportunity Officer's address should be noted in the "Comments" section at the bottom of the form. "Telephone" should contain the area code, telephone number and extension (if any) for the Equal Employment Officer or the responsible official. 2. "Job Categories" at the extreme left hand column of the form specifying "Job Categories" lists "Officials & Managers." You are to list in addition to Officials & Managers any appropriate job titles such as Sales Workers, Office/Clerical, Professionals, Technical, etc., as they apply to your own company and only as pertains to this specific project. 3. The "M" and "F" headings at the top of each column refer to "Male" and "Female." 4. The "Total Employees" column should list the total number of male employees under "M" and the total female number of female employees under "F" for each job category listed. They should be listed in a similar manner in the "Total" category at the bottom of the form. The "Total Employees" column should include all those employees listed under "Non-Minority" and "Total Minorities." "Non-Minority" should include all employees not listed in the minority columns. 5. "Total Minorities" should include all employees listed under the "Black," "Asian or Pacific Islander (A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. This area includes, for example, China, India, Japan, Korea, the Philippine Islands, and Samoa.), "American Indian or Alaskan Native," and "Hispanic" columns. These columns should include only employees who are members of that particular minority group. Designation and definitions of ethnic/national origin status follow the instructions and definitions of the Federal EEO-1 Form of the U. S. Equal Employment Opportunity Commission. 6. "Totals" this line should reflect the total of all lines in each of the above columns. 7. The signature of your company's designated responsible official or similar official responsible for equal employment opportunity must appear in the designated space at the bottom of the form. Please PRINT OR TYPE the person's name on the top line across from the signature. This is required since some signatures are difficult to read. 8. "Comments" this section is to be used as needed for explanations to under utilization rate or lack of turnover, proposed expansion or reduction of staff or any other pertinent information you believe will help clarify or explain the data presented on the form. If you need additional space, please explain on a separate sheet of paper. 9. If you need assistance or have questions regarding the completion of this form, please call the SBE Office at or

49 Herewith find deposit in the form of a cashier s check in the amount of $ 25,000 which amount is not less than 5-percent of the total bid. SIGN HERE BID BOND KNOW ALL MEN BY THESE PRESENTS: That we,, as Principal, and, as Surety, are held and firmly bound unto the City of Tacoma, as Obligee, in the penal sum of Twenty five thousand (25,000) dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS DAY OF, 20. PRINCIPAL: SURETY:, 20 Received return of deposit in the sum of $ 49

50 PERFORMANCE BOND TO THE CITY OF TACOMA That we, the undersigned, Resolution No. Bond No. as principal, and as a surety, are jointly and severally held and firmly bound to the CITY OF TACOMA, in the penal sum of, $, for the payment whereof Contractor and Surety bind themselves, their executors, administrators, legal representatives, successors and assigns, jointly and severally, firmly by these presents. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of the City of Tacoma WHEREAS, under and pursuant to the City Charter and general ordinances of the City of Tacoma, the said City has or is about to enter with the above bounden principal, a contract, providing for Specification No. Specification Title: Contract No. (which contract is referenced to herein and is made a part hereof as though attached hereto), and WHEREAS, the said principal has accepted, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth. This statutory performance bond shall become null and void, if and when the principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal s obligations under the Contract and fulfill all terms and conditions of all duly authorized modifications, additions and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; and if such performance obligations have not been fulfilled, this bond shall remain in force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increase. If the City shall commence suit and obtain judgment against the Surety for recovery hereunder, then the Surety, in addition to such judgement, shall pay all costs and attorney s fees incurred by the City in enforcement of its rights hereunder. Venue for any action arising out of in in connection with this bond shall be in Pierce County, Washington. Surety companies executing bonds must be authorized to transact business in the State of Washington as surety and named in the current list of Surety Companies Acceptable in Federal Bonds as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasure Department. One original bond shall be executed, and signed by the parties duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed power of attorney for the office executing on behalf of the surety. Approved as to form: Deputy City Attorney SAMPLE Principal: Vendor Legal Name By: Surety: By: Agent s Name: Agent s Address: Form No. SPEC-100A 06/01/16 50

51 APPENDIX B Standard Terms and Terms and Conditions T.M.C Sample Contract 51

52 CITY OF TACOMA STANDARD TERMS AND CONDITIONS GOVERNS BOTH GOODS AND SERVICES AS APPLICABLE In the event of an award by the City, these Terms and Conditions stated herein, Additional Contract Documents if issued, Solicitation if issued, Purchase Orders if issued by City, and Supplier's Submittal, if provided, shall constitute the Contract between City and Supplier for the acquisition of goods, including materials, supplies, and equipment or for the provision of services and deliverables. Said documents represent the entire Contract between the parties and supersede any prior oral statements, discussions, or understandings between the parties, and/or subsequent Supplier invoices. No modification of the Contract shall be effective unless mutually agreed in writing. The specific terms and conditions of any Solicitation (Specification, Request for Bids, Request for Proposals, Requests for Qualifications, Requests for Quotations, Request for Information, bid documents, request to enter into negotiations, or other form of solicitation issued by City, including any general, special, or technical provisions associated with such Solicitations) are incorporated herein by reference and supersede these Terms and Conditions where there is conflict or inconsistency. In the event Additional Contract Documents are negotiated and agreed to in writing between Supplier and City, the specific terms of such Additional Contract Documents are incorporated herein by reference and supersede all other terms and conditions where there is conflict or inconsistency. These Terms and Conditions, Additional Contract Documents if issued, Solicitation if issued, City purchase order if issued, are controlling over Supplier s Submittal if a Submittal is provided. Submittals if provided are incorporated herein by reference SUPPLIER / CONTRACTOR As used herein, Supplier or "Contractor" shall be the Supplier(s) entering a Contract with City, whether designated as a Supplier, Contractor, Vendor, Proposer, Bidder, Respondent, Seller, Merchant, Service Provider, or otherwise SUBMITTAL Submittal means Bids, Proposals, Quotes, Qualifications or other information, content, records or documents submitted in response to a City Solicitation FORMS OF SUBMITTAL Unless stated otherwise, all submittals must be in SAP Ariba and submitted exactly as specified or directed, and all required forms must be used COSTS TO PREPARE SUBMITTAL The City is not liable for any costs incurred by Supplier for the preparation of materials or a Submittal provided in response to a solicitation, conducting presentations to the City, or any other activities related to responding to the City s Solicitation LICENSES/PERMITS A. Suppliers must have a Washington state business license at the time of Submittal and throughout the term of the Contract. Failure to include a Washington state business license may be grounds for rejection of the Submittal. Information regarding Washington state business licenses may be obtained at B. Upon award, it is the responsibility of the Supplier to register with the City of Tacoma's Tax and License Division, 733 South Market Street, Room 21, Tacoma, WA , , Supplier shall obtain a business license as is required by Tacoma Municipal Code Subtitle 6C.20. C. During the term of the Contract, Supplier, at its expense, shall obtain and keep in force any and all necessary licenses and permits. Standard Terms & Conditions, Form No. SPEC-190A Page 1 of Rev.: 05/19/17

53 1.06 PUBLIC DISCLOSURE: PROPRIETARY OR CONFIDENTIAL INFORMATION A. Supplier Submittals, all documents and records comprising the Contract, and all other documents and records provided to the City by Supplier are deemed public records subject to disclosure under the Washington State Public Records Act, Chapter RCW (Public Records Act). Thus, City may be required, upon request, to disclose the Contract and documents or records related to it unless an exemption under the Public Records Act or other laws applies. In the event CITY receives a request for such disclosure, determines in its legal judgment that no applicable exemption to disclosure applies, and Supplier has complied with the requirements to mark records considered confidential or proprietary as such requirements are stated below, City agrees to provide Supplier 10 days written notice of impending release. Should legal action thereafter be initiated by Supplier to enjoin or otherwise prevent such release, all expense of any such litigation shall be borne by Supplier, including any damages, attorneys fees or costs awarded by reason of having opposed disclosure. City shall not be liable for any release where notice was provided and Supplier took no action to oppose the release of information. B. If Supplier provides City with records or information that Supplier considers confidential or proprietary, Supplier must mark all applicable pages or sections of said record(s) as Confidential or Proprietary. Further, in the case of records or information submitted in response to a Request for Proposals, an index must be provided indicating the affected pages or sections and locations of all such material identified Confidential or Proprietary. Information not included in the required index will not be reviewed for confidentiality or as proprietary before release. If Supplier fails to so mark or index Submittals and related records, then the City, upon request, may release said record(s) without the need to satisfy the requirements of subsection A above; and Supplier expressly waives its right to allege any kind of civil action or claim against the City pertaining to the release of said record(s). C. Submission of materials in response to City s Solicitation shall constitute assent by Supplier to the foregoing procedure and Supplier shall have no claim against the City on account of actions taken pursuant to such procedure SUSTAINABILITY A. The City has interest in measures used by its contractors to ensure sustainable operations with minimal adverse impact on the environment. The City seeks to do business with vendors that value community and environmental stewardship that help us meet our sustainable purchasing goals. B. The City encourages the use of environmentally preferable products or services that help to minimize the environmental and human health impacts of City operations. Suppliers are encouraged to incorporate environmentally preferable products or services into Submittals wherever possible. "Environmentally preferable" means products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service. C. Environmental Standards. The City seeks to ensure that all purchases comply with current environmental standards and product specifications. Where appropriate, third party independent certifiers such as Green Seal and USEPA Standards shall be a minimum specification for products to the City, unless specified otherwise herein. D. The City encourages the use of sustainability practices and desires any awarded Suppliers to assist in efforts to address such factors when feasible for: 1. Pollutant releases 2. Toxicity of materials used 3. Waste generation 4. Greenhouse gas emissions, including transportation of materials and services 5. Recycle content 6. Energy consumption 7. Depletion of natural resources 8. Potential impact on human health and the environment Standard Terms & Conditions, Form No. SPEC-190A Page 2 of Rev.: 05/19/17

54 1.08 ALTERATIONS NOT ALLOWED Except as otherwise specifically provided in a Solicitation, Submittals that are incomplete or conditioned in any way, contain erasures, alternatives or items not called for, or not in conformity with law, may be rejected as being non-responsive. Any attempt to condition a Submittal by inserting exceptions to the Solicitation or any conditions, qualifications or additions that vary its terms may result in rejection of the Submittal. The City may reject any submittal containing a material deviation from the Solicitation CORRECTION OF AMBIGUITIES AND OBVIOUS ERRORS A. The City reserves the right to correct obvious errors in Supplier's Submittal. In this regard, if the unit price does not compute to the extended total price, the unit price shall govern. B. Supplier shall notify the City of Tacoma Procurement and Payables Division in writing of any ambiguity, conflict, discrepancy, omission or other error in a Solicitation no later than five business days prior to the submittal deadline. 1. For solicitations conducted in SAP Ariba, Supplier shall notify the City of Tacoma Procurement and Payables Division on the message board of the event. 2. For all other solicitations, Supplier shall notify the contract person listed in the Solicitation. C. The City will make necessary modifications by addendum. D. Supplier is responsible for identifying ambiguities, conflicts, discrepancies, omissions or other errors in the Solicitation prior to providing its Submittal or the ambiguity, conflict, discrepancy, omission, or other error is waived. Any Submittal that includes assumed clarifications and/or corrections without the required authentication of the same is subject to rejection WARRANTIES/GUARANTEE A. Suppliers warrant that all items, including services, as applicable: 1. Are merchantable. 2. Comply with the City's latest drawings and specifications. 3. Are fit for the City's intended use. 4. Will be performed according to the skill and care required by customarily accepted good practices and procedures followed by service providers rendering the same or similar type of service. 5. Are new and unused unless otherwise stated. 6. Comply with all applicable safety and health standards established for such products by the Occupational Safety and Health Administration (OSHA), Washington Industrial Safety and Health Act (WISHA) and/or Consumer Products Safety Act (CPSA), and all other applicable state and federal laws or agency regulations. 7. Are properly packaged and contain appropriate instructions or warnings, including applicable MSDS sheets PATENTS, TRADEMARKS AND COPYRIGHTS Suppliers warrant that equipment and/or materials furnished, including software, do not infringe on any patent, trademark or copyright, and agree to indemnify, defend and hold harmless, the City in the event of any infringement or claim thereof DELIVERY OF SUBMITTALS TO THE CITY S PROCUREMENT AND PAYABLES DIVISION A. Submittal packages must be received by the City s Procurement and Payables Division in SAP Ariba (unless another form of delivery is stated), prior to the scheduled time and date stated in the Solicitation. B. Supplier is solely responsible for timely delivery of its Submittal. C. Submittals received after the time stated in the solicitation will not be accepted. D. For purposes of determining whether a Submittal has been timely received in SAP Ariba, the City's Procurement and Payables Division will rely on the submittal clock in SAP Ariba. Standard Terms & Conditions, Form No. SPEC-190A Page 3 of Rev.: 05/19/17

55 1.13 SUBMITTAL IS NON-COLLUSIVE Supplier acknowledges that by its delivery of a Submittal to the City in response to a Solicitation, it represents that the prices in such Submittal are neither directly nor indirectly the result of any formal or informal agreement with another Supplier PARTNERSHIPS The City will allow firms to partner in order to respond to a Solicitation. Multiple suppliers may team under a Prime Supplier s Submittal in order to provide responses to all sections in a single submission; however, each Supplier s participation must be clearly delineated by section. The Prime Supplier will be considered the responding vendor and the responsible party at contract award. All contract negotiations will be conducted only with the Prime Supplier. All contract payments will be made only to the Prime Supplier. Any agreements between the Prime Supplier and other companies will not be a part of the Contract between the City and the Prime Supplier. The City reserves the right to select more than one Prime Supplier WITHDRAWAL OF SUBMITTALS A. Prior to Submittal Deadline. Submittals may be withdrawn (including in SAP Ariba) prior to the scheduled submittal deadline. B. After Submittal Deadline. No Submittal can be withdrawn after having been opened before the actual award of the contract, unless the award is delayed more than 90 calendar days beyond the date of opening. If a delay of more than 90 calendar days does occur, Supplier must submit written notice to the City purchasing manager that Supplier is withdrawing its submittal ACCEPTANCE OF SUBMITTALS A. If the solicitation announcement so states, submittals, unless previously withdrawn, will be read aloud, irrespective of any irregularities or informalities in such submittal, at the time and place specified in the solicitation announcement. B. All submittals must remain open for acceptance by the City for a period of at least 90 calendar days from the submittal deadline RIGHT TO REJECT A. The City of Tacoma reserves the right to reject any and all submittals, waive minor deviations or informalities, supplement, amend, reduce or otherwise modify the scope of work or cancel the solicitation, and if necessary, call for new submittals RESERVED RIGHTS A. By providing a submittal in response to a City solicitation, Supplier acknowledges and consents to the below City rights and conditions. With regard to this procurement process, the City reserves, holds without limitation, and may exercise, at its sole discretion, the following rights and conditions: 1. To terminate the procurement process or decide not to award a contract as a result thereof by written notice to the Suppliers for any reason whatsoever with or without substitution of another solicitation. 2. To waive any defect, technicality, or any other minor informality or irregularity in any submittal, or any other response from Suppliers. 3. To issue addenda for any purpose including: a. To make minor or major changes or alterations to the evaluation, selection and/or performance schedule(s) for any events associated with a procurement. b. To supplement, amend, reduce, cancel, or otherwise modify a Solicitation, including but not limited to modifications to the description of services and/or products contained in the solicitation, by omitting services/products and/or including services/products. 4. To request clarifications, additional information, and/or revised Submittals from one or more Suppliers. 5. To conduct investigations with respect to the qualifications and experience of Supplier(s), including inspection of facilities and to request additional evidence to support any such information. Standard Terms & Conditions, Form No. SPEC-190A Page 4 of Rev.: 05/19/17

56 6. To eliminate any Supplier that submits an incomplete or inadequate response, or is nonresponsive to the requirements of a Solicitation, or is otherwise deemed to be unqualified during any stage of the procurement process. 7. To select and interview a single finalist or multiple finalists to further the City s evaluation of Submittals provided in response to a Solicitation. The City may, in its sole and exclusive discretion as to what is in the City s best interest, elect not to conduct interviews of any or all Suppliers in connection with a solicitation process. 8. Except in the case of Requests for Bids, to negotiate any rate/fee offered by a Supplier. The City shall have the sole right to make the final rate/fee offer during contract negotiations. If the selected Supplier does not accept the City s final offer, the City may, in its sole discretion discontinue contract negotiations and commence negotiations with another Supplier, except as otherwise provided in Chapter 39.80, RCW. 9. To select and enter into a Contract with one or more Suppliers whose Submittal best satisfies the interests of the City and is most responsive, in the sole judgment of the City, to the requirements of a Solicitation. 10. To award by line item or group of line items. 11. To not award one or more items. 12. To issue additional or subsequent solicitations. 13. To seek partnerships between one or more Suppliers. 14. Request additional related products and services from the selected Supplier(s) as necessary throughout the term of the Contract. 15. Negotiate costs or fees in the event of new legislation or regulatory changes, or issuance of related compliance guidance, technology enhancements, and innovative solutions. 16. In the event the City receives questions concerning a Solicitation from one or more Suppliers prior to the deadline for response, the City reserves the right to provide such questions, and the City s responses, if any, to all Suppliers. 17. If an award is made and, prior to entering into a contract, subsequent information indicates that such award is not in the best interest of the City, the City may rescind the award without prior notice to Supplier and either award to another Supplier or reject all submittals or cancel this solicitation. 18. To cancel award of a contract at any time before execution of the Contract by both parties if cancellation is deemed to be in the City s best interest. In providing a submittal, Suppliers agree that the City is not liable for any costs or damages for the cancellation of an award. Supplier assumes the sole risk and responsibility for all expenses connected with the preparation of its submittal. 19. To add additional City departments or divisions to the Contract or develop a separate Contract with the Supplier subject to all terms, conditions and pricing of the original Contract 20. To take any other action affecting a Solicitation or a procurement process that is determined to be in the City s best interests SUBMITTAL CLARIFICATION Suppliers may be asked to clarify their Submittal. This action shall not be construed as negotiations or any indication of intentions to award. If called upon, Supplier must respond to such requests within two business days or the timeframe set forth by the City in its request for clarification. Supplier s failure to respond to such a request may result in rejection of its Submittal EVALUATION OF SUBMITTALS A. The City of Tacoma reserves the right to award to the lowest and best responsible Supplier(s) delivering a Submittal in compliance with the Solicitation, provided such Submittals are reasonable and are in the best interest of the City to accept. The City may use a number of criteria for determining award, including evaluation factors set forth in Municipal Code Section Suppliers who are inexperienced or who fail to properly perform other contracts may have their submittal rejected for such cause. Standard Terms & Conditions, Form No. SPEC-190A Page 5 of Rev.: 05/19/17

57 1. Evaluation Factors. In addition to the factors set forth in Municipal Code Section , the following may be used by the City in determining the lowest and best responsible Submittal: a. Compliance with a Solicitation and with applicable City requirements, including by not limited to, the City s Ethics Code and its Small Business Enterprise and Local Employment and Apprenticeship programs. b. Submittal prices, listed separately if requested, as well as a lump sum total (if the unit price does not compute to the extended total price, the unit price shall govern). c. The total cost to the City, including all applicable taxes, may be the basis for contract award. d. Time of delivery and/or completion of performance (delivery date(s) offered). e. Warranty terms. f. Quality of performance of previous contracts or services, including safety requirements and past compliance with the City s Ethics Code. g. Previous and existing compliance with laws and ordinances relating to contracts or services. h. Sufficiency of financial resources. i. Quality, availability, and adaptability of the supplies or services to the particular use required. j. Ability to provide future maintenance and service on a timely basis. k. Location of nearest factory authorized warranty repair facility or parts dealership. l. Ability, capacity, experience, stability, reputation, integrity, character, judgment, technical qualifications, and skill to perform the contract or provide the services required. 2. Cash Discount. Payment discount periods of 20 calendar days or more, if offered in the submittal, will be considered in determining the apparent lowest responsible submittal. Discounts will be analyzed in context of their overall cumulative effect. 3. All other elements or factors, whether or not specifically provided for in a Solicitation, which would affect the final cost to, and the benefits to be derived by, the City, may be considered in determining the award of a Contract. The final award decision will be based on the best interests of the City CONTRACT OBLIGATION A. The Submittal contents of the successful Supplier will become contractual obligations if a Contract ensues. B. In the event the City of Tacoma determines to award a Contract, the selected Supplier(s) may be requested to execute Additional Contract Documents. C. Supplier shall register with the City of Tacoma on the SAP Ariba Network and be enabled for transactions upon request by the City. D. Suppliers may propose amendments to City s Contract documents or to these Terms and Conditions, but the City retains the right to accept or reject proposed amendments. E. No costs chargeable for work under the proposed Contract may be incurred before mutual acceptance and execution as directed AWARD The City reserves the right to award Contracts for any or all items to one or more Suppliers in the best interests of the City SUPPLIER'S REFUSAL TO ENTER INTO CONTRACT Any Supplier who refuses to enter into a Contract after it has been awarded to the Supplier will be in breach of the agreement to enter the Contract, and Supplier's certified or cashier s check or bid bond, if any, shall be forfeited LEGAL HOLIDAYS A. The City of Tacoma observes the following holidays, which shall apply to performance of all contracts: New Year's Day January 1 Martin Luther King's Birthday 3rd Monday in January Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Standard Terms & Conditions, Form No. SPEC-190A Page 6 of Rev.: 05/19/17

58 Veteran's Day November 11 Thanksgiving Day 4th Thursday of November Day after Thanksgiving 4th Friday of November Christmas Day December 25 B. When any of these holidays occur on Saturday or Sunday, the preceding Friday or the following Monday, respectively, is a legal holiday for the City of Tacoma CONTRACT TERM All services shall be satisfactorily completed and all deliverables provided by the termination date stated, and the Contract shall expire on said date unless mutually extended in writing by the parties EXTENSION OF CONTRACT Contracts shall be subject to extension at City s sole discretion TERMINATION AND SUSPENSION A. Supplies. The City reserves the right to terminate a Contract at any time upon prior written notice to Supplier. Upon the effective date of termination specified in such notice, and payment by the City, all conforming supplies, materials, or equipment previously furnished hereunder shall become its property. B. Services. The City may terminate a Contract at any time, with or without cause, by giving 10 business days written notice to Supplier. In the event of termination, all finished and unfinished work prepared by Supplier pursuant to the Contract shall be provided to the City. In the event City terminates the Contract due to the City s own reasons and without cause due to Supplier s actions or omissions, the City shall pay Supplier the amount due for actual work and services necessarily performed under the Contract up to the effective date of termination, not to exceed the total compensation set forth in the Contract. C. Suspension. For either services or supplies, the City may suspend a Contract, at its sole discretion, upon three business days written notice to Supplier. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to Supplier s actual expenses and shall be subject to verification. Supplier shall resume performance of services under the Contract without delay when the suspension period ends. D. Termination or suspension of a Contract by City shall not constitute a waiver of any claims or remaining rights the City may have against Supplier relative to performance under a Contract DEFAULT/BREACH In the event of material default or breach by Supplier on any of the conditions of a Contract, Supplier agrees that the City may, at its election, procure the goods or services from other sources, and may deduct from the unpaid balance due Supplier, or collect against the bond or security (if any), or may invoice and recover from Supplier all costs paid in excess of the price(s) set forth in the Contract. CHANGES A. Supplies. The City at any time by written change order or other form of written contract amendment may make reasonable changes in the place of delivery, installation, or inspection, the method of shipment or packing, identification and ancillary matters that Supplier may accommodate without substantial additional expense. B. Services. The City shall have the right to make changes within the general scope of services and/or deliverables upon execution in writing of a change order or other written form of contract amendment. If the changes will result in additional work effort by Supplier the City agrees to reasonably compensate Supplier for such additional effort up to the maximum amount specified in the Contract or as otherwise provided by Tacoma Municipal Code. Any new services accepted by the City may be added to the Contract and/or substituted for discontinued services. New services shall meet or exceed all requirements of original award. C. Expansion Clause. A Contract may be further expanded in writing to include other related services or products normally offered by Supplier, as long as the price of such additional services or products have a profit margin equal to or less than that in place at the time of original submittal. Such additions and prices will be established in writing. New items not meeting these criteria will not be added to the Contract. Supplier profit margins are not to increase as a result any such expansion SCOPE OF SERVICES Supplier agrees to diligently and completely perform the services required by a Contract. Standard Terms & Conditions, Form No. SPEC-190A Page 7 of Rev.: 05/19/17

59 1.30 SERVICES DO NOT INCLUDE PUBLIC WORK Unless otherwise stated, the services and/or work contracted for herein exclude public work and improvements as defined in RCW 39.04, as that statute may hereafter be amended PREVAILING WAGES A. If federal, state, local, or any applicable law requires Supplier to pay prevailing wages in connection with a Contract, and Supplier is so notified by the City, then Supplier shall pay applicable prevailing wages. B. If applicable, a Schedule of Prevailing Wage Rates for the locality or localities where the Contract will be performed is attached and made of part of the Contract by this reference. If prevailing wages do apply to the Contract, Supplier and its subcontractors shall: 1. Be bound by the provisions of Chapter RCW, as amended, relating to prevailing wages and usual fringe benefits, 2. Ensure that no worker, laborer or mechanic employed in the performance of any part of the Contract shall be paid less than the prevailing rate of wage specified on that Schedule, and 3. Immediately upon award of the Contract, contact the Department of Labor and Industries, Prevailing Wages section, Olympia, Washington, to obtain full information, forms and procedures relating to these matters. Per such procedures, a Statement of Intent to Pay Prevailing Wages must be submitted by Contractor and its subcontractors to the City, in the manner requested by the City, prior to any payment by the City hereunder, and an Affidavit of Wages Paid must be received or verified by the City prior to final Contract payment CONTRACT PRICING A. Submitted prices shall include costs of submittal preparation, servicing of the account, all contractual requirements during contract period such as transportation, permits, insurance costs, bonds, labor, wages, materials, tools, components, equipment, and appurtenances necessary to complete the work, which shall conform to the best practice known to the trade in design, quality, material, and workmanship. B. Surcharges of any type will not be paid. C. If applicable, related additional products and corresponding services of benefit to the City not specifically required in a solicitation, but which Supplier offers to provide, may be included with the submittal. Supplier may request to add new products if the City approves them and Supplier can demonstrate the pricing is from the same pricing structure/profit margin. D. Unless specifically stated otherwise, only firm prices will be accepted and all prices shall remain firm during the term of a Contract. E. Price increases may at City s discretion be passed along during a contract period if the increase is mandated by statute. F. By submitting prices, Supplier warrants prices equal to or better than the equivalent prices, terms, and benefits offered by Supplier to any other government unit or commercial customer. G. Should Supplier, during the term of a Contract, enter into any other contract, agreement or arrangement that provides lower prices, more favorable terms or greater benefits to any other government unit or commercial customer, the Contract with the City shall thereupon be deemed amended to provide the same price or prices, terms and benefits to the City. This provision applies to comparable products and purchase volumes by the City that are not less than the purchase volumes of the government unit or commercial customer that has received the lower prices, greater benefits, or more favorable terms. H. If at any time during the term of the Contract, Supplier reduces prices to other buyers purchasing approximately the same quantities stated on the Contract, Supplier will immediately notify the City purchasing manager of such fact, and the price(s) for future orders under the Contract shall be reduced accordingly. I. The City is entitled to any promotional pricing during the Contract period. J. Price decreases shall be immediately passed on to the City. K. The City reserves the right to increase or decrease the quantities of any item awarded pursuant to the Contract and pay according to the unit prices quoted in the submittal with no adjustments for anticipated profit. Standard Terms & Conditions, Form No. SPEC-190A Page 8 of Rev.: 05/19/17

60 1.33 APPROVED EQUALS WHEN ALTERNATES ARE ALLOWED A. Unless an item is indicated as "no substitute," special brands, when named, are intended to describe the standard of quality, performance, or use desired. Equal items will be considered by the City, provided that Supplier specifies the brand and model, and provides all descriptive literature, independent test results, specification sheets, schematic drawings, photographs, product samples, local servicing, parts availability, etc., to enable the City to evaluate the proposed equal. Performance testing in the field may be required. B. The decision of the City as to what items are equal shall be final and conclusive. If the City elects to purchase a brand represented by Supplier to be an "equal," the City's acceptance of the item is conditioned on the City's inspection and testing after receipt. If, in the sole judgment of the City, the item is determined not to be an equal, the item shall be returned at Supplier's expense. C. When a brand name or level of quality is not stated in Supplier's submittal, it is understood Supplier's submittal shall exactly confirm with those required in the Contract. If more than one brand name is stated in a Solicitation, Supplier(s) must indicate the brand and model/part number to be supplied RISK OF LOSS, SHIPPING AND DELIVERY A. Shipping. Prices must be quoted FOB destination (the place of destination as defined in RCW 62A.2-319, as that statute may hereafter be amended), with freight prepaid and allowed (shipping costs included in unit prices), and risk of loss remaining with Supplier until delivery is tendered. B. Delivery. Delivery will be to the designated addresses set forth in a Solicitation or as otherwise stated in the Contract. Deliveries shall be between 9:00 a.m. and 3:30 p.m., Monday through Friday only, except Legal Holidays. Failure to make timely delivery shall be cause for termination of the contract or order and return of all or part of the items at Supplier s expense except in the case of force majeure DELIVERY OF PRODUCTS AND PROVISION OF SERVICES IDLING PROHIBITED A. The City of Tacoma has a commitment to reduction of unnecessary fuel emissions and improving air quality by reducing unnecessary air pollution from idling vehicles. Limiting car and truck idling supports cleaner air, healthier work environments, the efficient use of city resources, the public s enjoyment of City properties and programs, conservation of natural resources, and good stewardship practices. B. Vehicles and/or diesel fuel trucks shall not idle at the time and location of the delivery to the City of Tacoma for more than three minutes. The City requires contractors to utilize practices that reduce fuel consumption and emission discharge, including turning off trucks and vehicles during delivery of products to the City. Exceptions to this requirement include when associated power is necessary to make a delivery or provide the service, when the engine is used to provide power to another device, and when a running engine is required for proper warm-up and cool-down of the engine PACKING SLIPS AND INVOICES A. Each invoice shall show City of Tacoma purchase order number, release number if applicable, quantity, unit of measure, item description, unit price and extended price for each line if applicable, services and deliverables provided if applicable. Line totals shall be summed to give a grand total to which sales tax shall be added, if applicable. 1. For transactions conducted in SAP Ariba, invoices shall be submitted through Ariba. 2. For invoices paid by ACH or by check, unless stated otherwise, invoices shall be electronically submitted by with corresponding PO number listed in the subject line to accountspayable@cityoftacoma.org. 3. For invoices paid by credit card, invoices shall also display the last name of the cardholder and last four digits (only) of the card number (e.g., Jones/6311). Unless stated otherwise, invoices shall be electronically submitted by with corresponding PO number listed in the subject line to (do not combine different POs into one invoice or charge) to pcardadmin@cityoftacoma.org. B. Any terms, provisions or language in Supplier s invoice(s) that conflict with the terms of the Contract are superseded and shall not apply to the Contract unless expressly accepted in writing by the City. C. Packing slips and shipping notices shall be sent to the specific City Division or Department receiving the item(s) at the address stated in City s Solicitation or as otherwise stated in the Contract and include complete description of items, contents of items if crated or cased, quantity, shipping point, carrier, bill of lading number and City of Tacoma purchase order. Standard Terms & Conditions, Form No. SPEC-190A Page 9 of Rev.: 05/19/17

61 D. Supplier shall package orders, preferably in environmental friendly packaging such as reduced packaging and recyclable packing materials COOPERATIVE PURCHASING The Washington State Interlocal Cooperation Act RCW provides that other governmental agencies may purchase goods and services based on the Contract with the City in accordance with the terms and prices of the Contract if all parties are agreeable. Each public agency shall formulate a separate contract with Supplier, incorporating the terms and conditions of the Contract with the City of Tacoma. The City shall incur no liability in connection with such contracts or purchases by other public agencies thereunder. It will be Supplier s responsibility to inform such public agencies of the Contract with the City. Supplier shall invoice such public agencies as separate entities TAXES A. Unless otherwise stated, applicable federal, state, City, and local taxes shall be included in the submittal and in contract as indicated below. As used herein, the term taxes shall include any and all taxes, assessments, fees, charges, interest, penalties, and/or fines imposed by applicable laws and regulations in connection with the procurement of goods and/or services hereunder. 1. Federal Excise Tax. The City of Tacoma is exempt from federal excise tax. The City will furnish a Federal Excise Tax Exemption certificate, if required. If Supplier fails to include any applicable tax in its submittal, then Supplier shall be solely responsible for the payment of said tax. 2. State and Local Sales Tax. The City of Tacoma is subject to Washington state sales tax. It is Supplier's obligation to state the correct sales tax percentage and include the applicable Washington state, city and local sales tax as a separate line item(s) in the submittal. 3. City of Tacoma Business and Occupation Tax. It is Supplier's obligation to include City of Tacoma Business and Occupation tax in the unit and/or lump sum prices submitted; it shall not be shown separately on the submittal. Per Sub-Title 6A of the City of Tacoma Municipal Code, transactions with the City of Tacoma may be subject to the City s Business and Occupation Tax. B. Any or All Other Taxes. Any or all other taxes are the responsibility of Supplier unless otherwise required by law. Except for state sales tax, Supplier acknowledges that it is responsible for the payment of all taxes applicable to the Contract and Supplier agrees to comply with all applicable laws regarding the reporting of income, maintenance of records, and all other requirements and obligations imposed pursuant to applicable law. C. If the City is assessed, made liable, or responsible in any manner for taxes contrary to the provisions of the Contract, Supplier agrees to hold the City harmless from such costs, including attorney's fees. In the event Supplier fails to pay any taxes, assessments, penalties, or fees imposed by any governmental body, including a court of law, other than those taxes the City is required to pay, then Supplier authorizes the City to deduct and withhold or pay over to the appropriate governmental body those unpaid amounts upon demand by the governmental body. It is agreed that this provision shall apply to taxes and fees imposed by City ordinance. Any such payments shall be deducted from Supplier s total compensation COMPENSATION A. The City shall compensate Supplier in accordance with the Contract. Said compensation shall be the total compensation for Supplier s performance hereunder including, but not limited to, all work, services, deliverables, materials, supplies, equipment, subcontractor s fees and all reimbursable travel and miscellaneous or incidental expenses to be incurred by Supplier. Unless stated otherwise the total stated compensation may not be changed without a written change order or other form of contract amendment. B. Payment(s) made in accordance with the Contract shall fully compensate Supplier for all risk, loss, damages or expense of whatever nature, and acceptance of payment shall constitute a waiver of all claims submitted by Supplier PAYMENT TERMS A. Payment shall be made through the City s ordinary payment process, and shall be considered timely if made within 30 days of receipt of a properly completed invoice. All payments shall be subject to adjustment for any amounts, upon audit or otherwise, determined to have been improperly invoiced. The City may withhold payment to Supplier for any services or deliverables not performed as required hereunder until such time as Supplier modifies such services or deliverables to the satisfaction of the City. Standard Terms & Conditions, Form No. SPEC-190A Page 10 of Rev.: 05/19/17

62 B. Invoices will not be processed for payment, nor will the period of cash discount commence, until all invoiced items are received and satisfactory performance of the Contract has been attained. Upon CITY S request, Supplier shall submit necessary and appropriate documentation, as determined by the CITY, for all invoiced services and deliverables. If an adjustment in payment is necessary due to damage or dispute, the cash discount period shall commence on the date final approval for payment is authorized PAYMENT METHOD CREDIT CARD ACCEPTANCE EFT/ACH ACCEPTANCE A. Payment methods include: 1. Credit card. Tacoma s VISA procurement card program is supported by standard bank credit suppliers and requires that merchants abide by the VISA merchant operating rules. a. Suppliers must be PCI-DSS compliant (secure credit card data management) and federal FACTA (sensitive card data display) compliant. b. Suppliers must be set up by their card processing equipment provider (merchant acquirer) as a minimum of a Level II merchant with the ability to pass along tax, shipping and merchant references information. 2. Electronic Funds Transfer (EFT) by Automated Clearing House (ACH). 3. Check or other cash equivalent. B. The City s preferred method of payment is by Visa credit card (aka procurement card). Suppliers may be required to have the capability of accepting the City s authorized procurement card as a method of payment. The City of Tacoma will not accept price changes or pay additional fees when the procurement card is used. C. The City, in its sole discretion, will determine the method of payment for goods and/or services as part of the Contract NOTICES Unless otherwise specified, except for routine operational communications, which may be delivered personally or transmitted by electronic mail, all notices required by the Contract shall be in writing and shall be deemed to have been duly given if delivered personally or mailed first-class mail, postage prepaid, to Supplier s registered agent and to the applicable City department representative INDEPENDENT CONTRACTOR STATUS A. Supplier is considered an independent contractor who shall at all times perform his/her duties and responsibilities and carry out all services as an independent contractor and shall never represent or construe his/her status to be that of an agent or employee of the City, nor shall Supplier be eligible for any employee benefits. No payroll or employment taxes or contributions of any kind shall be withheld or paid by the City with respect to payments to Supplier. Supplier shall be solely responsible for all said payroll or employment taxes and/or contributions including, but not limited to, FICA, FUTA, federal income tax, state personal income tax, state disability insurance tax and state unemployment insurance tax. If the City is assessed, made liable or responsible in any manner for such taxes or contributions, Supplier agrees to indemnify and hold the City harmless from all costs incurred, including attorney fees. B. Unless otherwise specified in writing, Supplier shall provide at its sole expense all materials, working space, and other necessities and instruments to perform its duties under the Contract. Supplier, at its sole expense, shall obtain and keep in force any and all applicable licenses, permits and tax certificates necessary to perform the Contract NONDISCRIMINATION Supplier agrees to take all steps necessary to comply with all federal, state, and City laws and policies regarding non-discrimination and equal employment opportunities. Supplier shall not discriminate in any employment action because of race, religion, color, national origin or ancestry, sex, gender identity, sexual orientation, age, marital status, familial status, or the presence of any sensory, mental, or physical handicap. In the event of non-compliance by Supplier with any of the non-discrimination provisions of the Contract, the City shall be deemed to have cause to terminate the Contract, in whole or in part. Standard Terms & Conditions, Form No. SPEC-190A Page 11 of Rev.: 05/19/17

63 1.45 FEDERAL, STATE, AND MUNICIPAL LAWS AND REGULATIONS Supplier shall comply with all federal, state, municipal, and/or local laws and regulations in the performance of all terms and conditions of the Contract. Supplier shall be solely responsible for all violations of the law from any cause in connection with its performance of work under the Contract REPORTS, RIGHT TO AUDIT, PERSONNEL A. Reports. Supplier shall, at such times and in such form as the City may reasonably require, furnish the City with periodic status reports pertaining to the services undertaken or goods provided pursuant to the Contract. B. Right to Audit. Upon City s request, Supplier shall make available to City all accounts, records and documents related to the scope of work for City s inspection, auditing, or evaluation during normal business hours as reasonably needed by City to assess performance, compliance and/or quality assurance under the Contract or in satisfaction of City s public disclosure obligations as applicable. C. Personnel. If before, during, or after the execution of a Contract, Supplier has represented or represents to the City that certain personnel would or will be responsible for performing services pursuant to the Contract, then Supplier is obligated to ensure that said personnel perform said Contract services to the maximum extent permitted by law. Substantial organizational or personnel changes within Supplier s firm are expected to be communicated to City immediately. Failure to do so could result in termination of the Contract. This provision shall only be waived by written authorization by the City, and on a case-bycase basis INSURANCE During the course and performance of a Contract, Supplier will provide proof and maintain the insurance coverage in the amounts and in the manner specified in the City of Tacoma Insurance Requirements as is applicable to the services, products, and deliverables provided under the Contract. The City of Tacoma Insurance Requirements document, if issued, is fully incorporated into the Contract by reference INDEMNIFICATION HOLD HARMLESS A. Supplier agrees to indemnify, defend, and hold harmless the City of Tacoma, its officers, agents and employees, from and against any and all liability which may accrue to or be sustained by the City of Tacoma for any claim, suit or legal action made or brought against the City for the death of or injury to persons (including Supplier's or subcontractor's employees), or damage to property involving Supplier or subcontractor(s) and their employees or agents, or for any other cause arising out of and in connection with or incident to the performance of the Contract, except for injuries or damages caused by the sole negligence of the City. In this regard, Supplier recognizes it is waiving immunity under Industrial Insurance Law, Title 51 RCW. This indemnification includes attorney's fees and the cost of establishing the right to indemnification hereunder in favor of the City of Tacoma. By Supplier's acceptance of this order, he/she agrees that this subsection has been mutually negotiated. B. These indemnifications shall survive the termination of a Contract CONFLICT OF INTEREST No officer, employee, or agent of the City, nor any member of the immediate family of any such officer, employee or agent as defined by City ordinance, shall have any personal financial interest, direct or indirect, in a Contract, either in fact or in appearance. Supplier shall comply with all federal, state, and City conflict of interest laws, statutes, and regulations. Supplier represents that Supplier presently has no interest and shall not acquire any interest, direct or indirect, in the program to which the Contract pertains that would conflict in any manner or degree with the performance of Supplier s services and obligations hereunder. Supplier further covenants that, in performance of a Contract, no person having any such interest shall be employed. Supplier also agrees that its violation of the City s Code of Ethics contained in Chapter 1.46 of the Tacoma Municipal Code shall constitute a breach of Contract subjecting the Contract to termination CITY OWNERSHIP OF WORK/RIGHTS IN DATA/PUBLICATIONS A. To the extent that Supplier creates any work subject to the protections of the Copyright Act (Title 17 U.S.C.) in its performance of a Contract, Supplier agrees to the following: The work has been specially ordered and commissioned by the City. Supplier agrees that the work is a work made for hire for copyright purposes, with all copyrights in the work owned by City. To the extent that the work does not qualify as a work made for hire under applicable law, and to the extent that the work includes material subject to copyright, Supplier hereby assigns to City, its successors and assigns, all right, title and interest in and to the work, including but not limited to, all copyrights, patent, trade secret and other Standard Terms & Conditions, Form No. SPEC-190A Page 12 of Rev.: 05/19/17

64 proprietary rights, and all rights, title and interest in and to any inventions and designs embodied in the work or developed during the course of Supplier s creation of the work. B. Supplier shall be solely responsible for obtaining releases and/or licenses for the reproduction, distribution, creation of derivative works, performance, display, or other use of copyrighted materials. Should Supplier fail to obtain said releases and/or licenses, Supplier shall indemnify, defend, and hold harmless the City for any claim resulting there from DUTY OF CONFIDENTIALITY Supplier acknowledges that unauthorized disclosure of information or documentation concerning the Scope of Work hereunder may cause substantial economic loss or harm to the City. Except for disclosure of information and documents to Supplier s employees, agents, or subcontractors who have a substantial need to know such information in connection with Supplier s performance of obligations under the Contract, Supplier shall not without prior written authorization by the City allow the release, dissemination, distribution, sharing, or other publication or disclosure of information or documentation obtained, discovered, shared or produced pursuant to a Contract DISPUTE RESOLUTION In the event of a dispute pertaining to ta Contract, the parties agree to attempt to negotiate in good faith an acceptable resolution. If a resolution cannot be negotiated, then the parties agree to submit the dispute to voluntary non-binding mediation before pursuing other remedies. This provision does not limit the City s right to terminate GOVERNING LAW AND VENUE Washington law shall govern the interpretation of the Contract. The state or federal courts located in Pierce County Washington shall be the sole venue of any mediation, arbitration, or litigation arising out of the Contract ASSIGNMENT Supplier shall not assign, subcontract, delegate or transfer any obligation, interest or claim to or under the Contract without the prior written consent of the City WAIVER A waiver or failure by either party to enforce any provision of the contract shall not be construed as a continuing waiver of such provisions, nor shall the same constitute a waiver of any other provision of the Contract SEVERABILITY AND SURVIVAL If any term, condition or provision herein or incorporated by reference is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of the Contract, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of the Contract, shall survive termination of the Contract NO CITY LIABILITY Neither the City, its officials, staff, agents, employees, representatives, or consultants will be liable for any claims or damages resulting from any aspect of this procurement process SIGNATURES A signed copy of Submittals, Contract documents, including but not limited to contract amendments, contract exhibits, task orders, statements of work and other such Contract related documents, delivered by or other means of electronic transmission including by using a third party service, which service is provided primarily for the electronic execution of electronic records, shall be deemed to have the same legal effect as delivery of an original signed copy. Standard Terms & Conditions, Form No. SPEC-190A Page 13 of Rev.: 05/19/17

65 Tacoma Municipal Code Chapter 1.07 SMALL BUSINESS ENTERPRISE Sections: Policy and purpose Definitions Discrimination prohibited Program administration Certification Program requirements Evaluation of submittals Contract compliance Program monitoring Enforcement Remedies Unlawful acts Severability Sunset and review of program Policy and purpose. It is the policy of the City of Tacoma that citizens be afforded an opportunity for full participation in our free enterprise system and that historically underutilized business enterprises shall have an equitable opportunity to participate in the performance of City contracts. The City finds that in its contracting for supplies, services and public works there has been historical underutilization of small businesses located in certain geographically and economically disfavored locations and that this underutilization has had a deleterious impact on the economic well-being of the City. The purpose of this chapter is to remedy the effects of such underutilization through use of reasonably achievable goals to increase opportunities for historically underutilized businesses to participate in City contracts. It is the goal of this chapter to facilitate a substantial procurement, education, and mentorship program designed to promote equitable participation by historically underutilized businesses in the provision of supplies, services, and public works to the City. It is not the purpose of this chapter to provide any person or entity with any right, privilege, or claim, not shared by the public, generally, and this chapter shall not be construed to do so. This chapter is adopted in accordance with Chapter RCW and RCW (Ord Ex. A; passed Dec. 15, 2009) Definitions. Terms used in this chapter shall have the following meanings unless defined elsewhere in the Tacoma Municipal Code ( TMC ), or unless the context in which they are used clearly indicates a different meaning. A. Affidavit of Small Business Enterprise Certification means the fully completed, signed, and notarized affidavit that must be submitted with an application for SBE certification. Representations and certifications made by the applicant in this Affidavit are made under penalty of perjury and will be used and relied upon by City to verify SBE eligibility and compliance with SBE certification and documentation requirements. B. Base Bid means a Bid for Public Works to be performed or Supplies or Services to be furnished under a City Contract, including additives, alternates, deductives, excluding force accounts, and taxes collected separately pursuant to Washington Administrative Code ( WAC ) C. Bid means an offer submitted by a Respondent to furnish Supplies, Services, and/or Public Works in conformity with the Specifications and any other written terms and conditions included in a City request for such offer. D. Bidder means an entity or individual who submits a Bid, Proposal or Quote. See also Respondent. E. City means all Departments, Divisions and agencies of the City of Tacoma. F. Contract means any type of legally binding agreement regardless of form or title that governs the terms and conditions for procurement of Public Works and Improvements and/or Non-Public Works and Improvements Supplies and Services. Contracts include the terms and conditions found in Specifications, Bidder or Respondent Submittals, and purchase orders issued by the City. A Contract as used in this chapter shall include an agreement between the City and a non-profit entity to perform construction-related services for Public Works. A Contract does not include: (1) awards made by the City with federal/state grant or City general funds monies to a non-profit entity where the City offers assistance, guidance, or supervision on a project or program, and the recipient of the grant awards uses the grant moneys to provide services to the 65 City Clerk s Office 1-53 (Revised 12/2015)

66 Tacoma Municipal Code community; (2) sales transactions where the City sells its personal or real property; (3) a loan transaction where the City is acting as a debtor or a creditor; (4) lease, franchise; (5) agreements to use City real property (such as Licenses, Permits and Easements) and, (6) banking and other financial or investment services. G. Contractor means any Person that presents a Submittal to the City, enters into a Contract with the City, and/or performs all or any part of a Contract awarded by the City, for the provision of Public Works, or Non-Public Works and Improvements, Supplies or Services. H. Evaluated Bid means a Bid that factors each Respondent s Base Bid including any alternates, deductive and additives selected by the City that will result in a weighed reduction based on that Respondent s percentage of SBE participation, as defined by formula set forth in this chapter or in the SBE Regulations adopted pursuant to this chapter. I. Goals means the annual level of participation by SBEs in City Contracts as established in this chapter, the SBE Regulations, or as necessary to comply with applicable federal and state nondiscrimination laws and regulations. Goals for individual Contracts may be adjusted as provided for in this chapter and shall not be construed as a minimum for any particular Contract or for any particular geographical area. J. SBE Certified Business (or SBEs ) means a business that meets the criteria set forth in Section of this chapter and has been certified as meeting that criteria by the Community and Economic Development Department-SBE Program Coordinator. K. SBE Program Coordinator means the individual appointed, from time to time, by the City s Community and Economic Development Director to administer the SBE Regulations. L. SBE Regulations shall mean the written regulations and procedures adopted pursuant to this chapter for procurement of Supplies, Services and Public Works. M. Lowest and Best Responsible Bidder means the Bidder submitting the lowest Bid received that is within the range of acceptable bids, that also has the ability to timely perform the Contract bid upon considering such factors as financial resources, skills, quality of materials, past work record, and ability to comply with state, federal, and local requirements, including those set forth in the SBE Regulations. N. Non-Public Works and Improvements means all competitively solicited procurement of Supplies and/or Services by the City not solicited as Public Works. O. Person means individuals, companies, corporations, partnerships, associations, cooperatives, any other legally recognized business entity, legal representative, trustee, or receivers. P. Proposal means a written offer to furnish Supplies or Services in response to a Request for Proposals. This term may be further defined in the Purchasing Policy Manual and/or in competitive solicitations issued by the City. Q. Public Works (or Public Works and Improvements) means all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the City, or that is by law a lien or charge on any property therein. This term includes all Supplies, materials, tools, and equipment to be furnished in accordance with the Contract for such work, construction, alteration, repair, or improvement. R. Quote means a competitively solicited written offer to furnish Supplies or Services by a method of procurement that is less formalized than a Bid or a Proposal. This term may be further defined in the Purchasing Policy Manual. S. Respondent means any entity or Person, other than a City employee, that provides a Submittal in response to a request for Bids, Request for Proposals, Request for Qualifications, request for quotes or other request for information, as such terms are defined in Section TMC. This term includes any such entity or Person whether designated as a supplier, seller, vendor, proposer, Bidder, Contractor, consultant, merchant, or service provider that; (1) assumes a contractual responsibility to the City for provision of Supplies, Services, and/or Public Works; (2) is recognized by its industry as a provider of such Supplies, Services, and/or Public works; (3) has facilities similar to those commonly used by Persons engaged in the same or similar business; and/or (4) distributes, delivers, sells, or services a product or performs a Commercially Useful Function. T. Services means non-public Works and Improvements services and includes professional services, personal services, and purchased services, as such terms are defined in Section TMC and/or the City s Purchasing Policy Manual. U. Submittal means Bids, Proposals, Quotes, qualifications or other information submitted in response to requests for Bids, Requests for Proposals, Requests for Qualifications, requests for Quotations, or other City requests for information, as such terms are defined in Section TMC. V. Supplies means materials, Supplies, and other products that are procured by the City through a competitive process for either Public Works procurement or Non-Public Works and Improvements procurement unless an approved waiver has been granted by the appropriate authority. 66 (Revised 12/2015) 1-54 City Clerk s Office

67 Tacoma Municipal Code (Ord Ex. A; passed Dec. 16, 2014: Ord Ex. A; passed Mar. 26, 2013: Ord Ex. A; passed Dec. 15, 2009) Discrimination prohibited. A. No person that is engaged in the construction of public works for the City, engaged in the furnishing of laborers or craftspeople for public works of the City, or is engaged for compensation in the provision of non-public works and improvements supplies and/or services to the City, shall discriminate against any other person on the basis of race, religion, color, national origin or ancestry, sex, gender identity, sexual orientation, age, marital status, familial status, or the presence of any sensory, mental or physical disability in employment. Such discrimination includes the unfair treatment or denial of normal privileges to a person as manifested in employment upgrades, demotions, transfers, layoffs, termination, rates of pay, recruitment of employees, or advertisement for employment. B. The violation of the terms of RCW or Chapter 1.29 TMC by any person that is engaged in the construction of public works for the City, is engaged in the furnishing of laborers or craftspeople for public works of the City, or is engaged for compensation in the provision of non-public works and improvements supplies and/or services shall result in the rebuttable presumption that the terms of this chapter have also been violated. Such violation may result in termination of any City contract the violator may have with the City and/or the violator s ineligibility for further City Contracts. (Ord Ex. A; passed Dec. 15, 2009) Program administration. A. The Community and Economic Development Director, or his or her designated SBE Program Coordinator, shall be responsible for administering this chapter and obtaining compliance with respect to contracts entered into by the City and/or its contractors. It shall be the duty of the Director to pursue the objectives of this chapter by conference, conciliation, persuasion, investigation, or enforcement action, as may be necessary under the circumstances. The Director is authorized to implement an administrative and compliance program to meet these responsibilities and objectives. B. The Director is hereby authorized to adopt and to amend administrative rules and regulations known as the SBE Regulations to properly implement and administer the provisions of this chapter. The SBE Regulations shall be in conformance with City of Tacoma policies and state and federal laws and be designed to encourage achievement of the SBE goals set forth herein. The SBE Regulations shall become effective following public notice and an opportunity to comment by the public. C. The SBE Regulations adopted pursuant to this section are for the administrative and procedural guidance of the officers and employees of the City and are further expressions of the public policy of the City. The SBE Regulations, when adopted, shall not confer an independent cause of action or claim for relief cognizable in the courts of the state of Washington or the United States of America to any third parties, and such provisions shall not be used as the basis for a lawsuit in any court of competent jurisdiction challenging the award of any contract by the City. (Ord Ex. A; passed Mar. 26, 2013: Ord Ex. B; passed Dec. 4, 2012: Ord Ex. A; passed Dec. 15, 2009) Certification. A. The SBE Program Coordinator shall approve a person as a SBE Certified Business if all of the following criteria are satisfied: 1. Each person with an ownership interest in the company has a personal net worth of less than $1,320,000 excluding one personal residence and the net worth of the business; 2. The company s total gross receipts for any consecutive three year period within the last six years is not more than $36,500,000 for public works companies and not more than $15,000,000 for non-public works and improvements companies; 3. The owner(s) of the company executes an Affidavit of Small Business Enterprise Certification and files it with the City which states that all information submitted on the SBE application is accurate, that the business has sought or intends to do business with the City and/or within the Pierce County area and has experienced or expects to experience difficulty competing for such business due to financial limitations that impair its ability to compete against larger firms; and 4. The company can demonstrate that it also meets at least one of the following additional requirements: a. The company s business offices, or the personal residence of the owner, is located within a City of Tacoma designated Renewal Community/Community Empowerment Zone, prior to designation as a SBE, or b. The company s business offices, or the personal residence of the owner, is located within the City of Tacoma for at least six months prior to designation as a SBE; or 67 City Clerk s Office 1-55 (Revised 12/2015)

68 Tacoma Municipal Code c. The company s business offices are located in a federally designated HUBZONE in Pierce County or any adjacent county for at least 12 months prior to designation as a SBE; or d. The company s business offices are located in a federally designated HUBZONE in a County wherein the work will be performed, or an adjacent county, for at least 12 months prior to designation as a SBE. B. Application Process. The SBE Program Coordinator shall make the initial determination regarding certification or recertification. Each SBE applicant shall provide the following documents; as such documents are more fully described in the SBE Regulations, to the SBE Program Coordinator: 1. A completed Statement of Personal Net Worth form; 2. A completed, signed, and notarized Affidavit of Small Business Enterprise Certification that affirms compliance with the certification and documentation requirements of this section; 3. List of equipment and vehicles used by the SBE; 4. Description of company structure and owners; 5. Such additional information as the SBE Program Coordinator or designee may require. When another governmental entity has an equivalent SBE classification process the City may enter into an interlocal cooperative agreement for mutual recognition of certifications. C. Recertification. A SBE qualified business shall demonstrate annually to the satisfaction of the SBE Program Coordinator that the following SBE qualifications are still in effect for such business: 1. That the company still meets all of the criteria set forth in subsection A. TMC, and 2. That the company has maintained all applicable and necessary licenses in the intervening period, and 3. That the company demonstrates that the owner and/or designated employees have completed the minimum annual continuing business education training requirements set forth in the SBE Regulations. D. Appeals. The applicant may appeal any certification determination by the SBE Program Coordinator under this chapter to the Director. The appeal must be made in writing and must set forth the specific reasons for the appeal. The Director shall make a decision on the appeal request within a reasonable time, which decision shall be final unless further appeal is made to the Hearing Examiner. In that event, the Hearing Examiner Rules of Procedure for Hearings, Chapter 1.23 TMC, shall be applicable to that appeal proceeding. (Ord Ex. A; passed Dec. 16, 2014: Ord Ex. A; passed May 7, 2013: Ord Ex. A; passed Mar. 26, 2013: Ord Ex. B; passed Dec. 4, 2012: Ord Ex. A; passed Dec. 15, 2009) Program requirements. A. Establishment of Annual SBE Goals. The SBE Regulations adopted pursuant to this chapter shall state reasonably achievable cumulative annual goals for utilization of SBEs in the provision of supplies, services, and public works procured by the City. Cumulative annual goals for the participation of SBEs in City contracts shall be based on the number of qualified SBEs operating within Pierce County or in a county that is adjacent to Pierce County or in a HUBZone in a county where the supplies, services and/or public works will be delivered or performed. The dollar value of all contracts awarded by the City to SBEs in the procurement of supplies, services, and public works shall be counted toward the accomplishment of the applicable SBE goal. The initial cumulative annual SBE goal for all public works, non-public works and improvements supplies and services procured by the City of Tacoma is 22 percent. B. Revision of Annual SBE Goals. SBE utilization goals for supplies, services, and public works shall be reviewed annually to determine the total level of SBE participation reasonably attainable. If no certified SBEs are available to provide supplies, services, and/or public works, the dollar value of such supplies, services, or public works shall be exempt from the calculation of the cumulative annual goals set forth in the SBE Regulations. Proposed reduction of the cumulative annual SBE goals shall be in accordance with the SBE Regulations. C. Application of SBE Goals to Contracts. The SBE Program Coordinator shall consult with City departments/divisions to establish the SBE goal for competitively solicited contracts of $25,000 and above, in accordance with this chapter and the SBE Regulations. No SBE goal will be established if no certified SBEs are available to provide supplies, services and/or public works. D. Waivers. City departments/divisions or the SBE Program Coordinator may request to waive one or more of the requirements of this chapter as they apply to a particular contract or contracts. Waivers may be granted in any one or more of the following circumstances: 68 (Revised 12/2015) 1-56 City Clerk s Office

69 Tacoma Municipal Code 1. Emergency: The supplies, services and/or public works must be provided with such immediacy that neither the City nor the contractor can comply with the requirements herein. Such emergency and waiver must be documented by the department/division awarding the contract. 2. Not Practicable: Compliance with the requirements of this chapter would impose an unwarranted economic burden or risk to the City after consideration of existing budgetary approvals. 3. Sole source: The supplies, services, and/or public works are available from only one source, and subcontracting possibilities do not reasonably exist as determined by the finance purchasing manager. 4. Government purchasing. The City is a party to or included in a federal, state or inter-local government purchasing agreement as approved by the finance purchasing manager. 5. Lack of SBEs: An insufficient number of qualified SBE contractors exist to create SBE utilization opportunities. 6. Best interests of the City: Waiver of SBE goals is in the best interests of the City due to unforeseen circumstances, provided that said circumstances are set forth in writing by the requestor. E. Review of Waivers. A waiver determination by the finance purchasing manager may be reviewed by the Board of Contracts and Awards (C&A Board). The C&A Board may also review a request to reduce or waive the SBE utilization goals based on Not Practicable or Best Interests of the City circumstances. The C&A Board shall determine whether compliance with such goals would impose unwarranted economic burden on, or risk to, the City of Tacoma as compared with the degree to which the purposes and policies of this chapter would be furthered by requiring compliance. If the determination of the C&A Board does not resolve the matter, a final determination shall be made by the City Council or Public Utility Board, as the case may be. (Ord Ex. A; passed Mar. 26, 2013: Ord Ex. A; passed Dec. 15, 2009) Evaluation of submittals. A. All submittals for a supplies, services, or public works and improvements contract valued at $25,000 or more shall be evaluated for attainment of the SBE goal established for that contract in accordance with this chapter and the SBE Regulations. B. The determination of SBE usage and the calculation of SBE goal attainment per this section shall include the following considerations: 1. General. The dollar value of the contract awarded by the City to a SBE in the procurement of supplies, services, or public works shall be counted toward achievement of the SBE goal. 2. Supplies. A public works and improvements contractor may receive credit toward attainment of the SBE goal for expenditures for supplies obtained from a SBE; provided such SBE assumes the actual and contractual responsibility for delivering the supplies with its resources. The contractor may also receive credit toward attainment of the SBE goal for the amount of the commission paid to a SBE resulting from a supplies contract with the City; provided the SBE performs a commercially useful function in the process. 3. Services and Public Works subcontracts. Any bid by a certified SBE or a bidder that utilizes a certified SBE shall receive credit toward SBE goal attainment based on the percentage of SBE usage demonstrated in the bid. A contractor that utilizes a SBE-certified subcontractor to provide services or public works shall receive a credit toward the contractor s attainment of the SBE goal based on the value of the subcontract with that SBE. 4. Brokers, Fronts, or Similar Pass-Through Arrangements. SBEs acting as brokers, fronts, or similar pass-through arrangements (as such terms are defined in the SBE Regulations) shall not count toward SBE goal attainment unless the activity reflects normal industry practices and the broker performs a commercially useful function. C. Evaluation of competitively solicited submittals for public works and improvements and for services when a SBE utilization goal has been established for the contract to be awarded shall be as follows: 1. When contract award is based on price. The lowest priced bid submitted by a responsive and responsible bidder will be reviewed to determine if it meets the SBE goal. Such low bid shall be determined to meet the SBE goal if the bidder is a certified SBE. a. If the low bidder meets the SBE goal, the bid shall be presumed the lowest and best responsible bid for contract award. 69 City Clerk s Office 1-57 (Revised 12/2015)

70 Tacoma Municipal Code b. If the lowest priced bid does not meet the SBE goal, but the bid of any other responsive and responsible bidder does, and such other bid(s) is or are priced within five percent of the lowest bid, then the following formula shall be applied to each such other bid: (Base Bid) SBE Usage Percentages SBE Goal Percentages X (.05 X Low Base Bid) = Evaluated Bid c. The lowest evaluated bid after applying said evaluation formula shall be presumed the lowest and best responsible bid for contract award. d. In no event shall a bidder s evaluated bid price be adjusted more than 5 percent from its base bid price for purposes of contract award. 2. When contract award is based on qualifications or other performance criteria in addition to price. Solicitations shall utilize a scoring system that promotes participation by certified SBEs. Submittals by respondents determined to be qualified may be further evaluated based on price using the formula applicable to price based contract awards above. The SBE Regulations may establish further requirements and procedures for final selection and contract award, including: a. Evaluation of solicitations for Architectural and Engineering (A&E) services; b. Evaluation and selection of submittals in response to requests for proposals; and c. Selection of contractors from pre-qualified roster(s). D. Evaluation of competitively solicited submittals for supplies when no SBE utilization goal has been established for the contract to be awarded shall encourage SBE participation as follows: 1. A submittal from a responsive certified SBE that is priced within five percent of the otherwise lowest responsive bid shall be recommended for award. Otherwise, the lowest responsive bidder shall be recommended for contract award. E. The SBE Regulations may establish further SBE goal evaluation requirements and procedures for award of contracts between $5,000 and $25, and for non-competitively solicited contracts. City departments/divisions shall use due diligence to encourage and obtain SBE participation for supplies, services, and public works contracts under $5,000. (Ord Ex. A; passed Mar. 26, 2013: Ord Ex. A; passed Dec. 15, 2009) Contract compliance. A. The contractor awarded a contract based on SBE participation shall, during the term of the contract, comply with the SBE goal established in said contract. To ensure compliance with this requirement following contract award, the following provisions apply: 1. Any substitutions for or failure to utilize SBEs projected to be used must be approved in advance by the SBE Program Coordinator. Substitution of one SBE with another shall be allowed where there has been a refusal to execute necessary agreements by the original SBE, a default on agreements previously made or other reasonable excuse; provided that the substitution does not increase the dollar amount of the bid. 2. Where it is shown that no other SBE is available as a substitute and that failure to secure participation by the SBE identified in the solicitation is not the fault of the respondent, substitution with a non-sbe shall be allowed; provided, that, the substitution does not increase the dollar amount of the bid. 3. If the SBE Program Coordinator determines that the contractor has not reasonably and actively pursued the use of replacement SBE(s), such contractor shall be deemed to be in non-compliance. B. Record Keeping. All contracts shall require contractors to maintain relevant records and information necessary to document compliance with this chapter and the contractor's utilization of SBEs, and shall include the right of the City to inspect such records. (Ord Ex. A; passed Mar. 26, 2013: Ord Ex. A; passed Dec. 15, 2009) Program monitoring. A. The SBE Program Coordinator shall monitor compliance with all provisions of this chapter and the SBE Regulations. The SBE Program Coordinator shall establish procedures to collect data and monitor the effect of the provisions of this chapter to assure, insofar as is practical, that the remedies set forth herein do not disproportionately favor one or more racial, gender, ethnic, or other protected groups, and that the remedies do not remain in effect beyond the point that they are required to 70 (Revised 12/2015) 1-58 City Clerk s Office

71 Tacoma Municipal Code eliminate the effects of under utilization in City contracting. The SBE Program Coordinator shall have the authority to obtain from City departments/divisions, respondents, and contractors such relevant records, documents, and other information as is reasonably necessary to determine compliance. B. The SBE Program Coordinator shall submit an annual report to the Community and Economic Development Director, Director of Utilities, and the City Manager detailing performance of the program. The report shall document SBE utilization levels, waivers, proposed modifications to the program, and such other matters as may be specified in the SBE Regulations. (Ord Ex. A; passed Mar. 26, 2013: Ord Ex. B; passed Dec. 4, 2012: Ord Ex. A; passed Dec. 15, 2009) Enforcement. The Director, or his or her designee, may investigate the employment practices of contractors to determine whether or not the requirements of this chapter have been violated. Such investigation shall be conducted in accordance with the procedures established in the SBE Regulations. (Ord Ex. A; passed Mar. 26, 2013: Ord Ex. B; passed Dec. 4, 2012: Ord Ex. A; passed Dec. 15, 2009) Remedies. A. Upon receipt of a determination of contractor violation by the SBE Program Coordinator, the City Manager or Director of Utilities, as appropriate, may take the following actions, singly or together, as appropriate: 1. Forfeit the contractor s bid bond and/or performance bond; 2. Publish notice of the contractor s noncompliance; 3. Cancel, terminate, or suspend the contractor s contract, or portion thereof; 4. Withhold funds due contractor until compliance is achieved; and/or 5. Recommend appropriate action including, but not limited to, disqualification of eligibility for future contract awards by the City (debarment) per Section TMC; B. Prior to exercise of any of the foregoing remedies, the City shall provide written notice to the contractor specifying the violation and the City s intent to exercise such remedy or remedies. The notice shall provide that each specified remedy becomes effective within ten business days of receipt unless the contractor appeals said action to the Hearing Examiner pursuant to Chapter 1.23 TMC. C. When non-compliance with this chapter or the SBE Regulations has occurred, the SBE Program Coordinator and the department/division responsible for enforcement of the contract may allow continuation of the contract upon the contractor s development of a plan for compliance acceptable to the Director. (Ord Ex. A; passed Mar. 26, 2013: Ord Ex. B; passed Dec. 4, 2012: Ord Ex. A; passed Dec. 15, 2009) Unlawful acts. It shall be unlawful for any Person to willfully prevent or attempt to prevent, by intimidation, threats, coercion, or otherwise, any Person from complying with the provisions of this chapter. (Ord Ex. A; passed Dec. 15, 2009) Severability. If any section of this chapter or its application to any Person or circumstance is held invalid by a court of competent jurisdiction, then the remaining sections of this chapter, or the application of the provisions to other Persons or circumstances, shall not be affected. (Ord Ex. A; passed Dec. 15, 2009) Sunset and review of program. This chapter shall be in effect through and until December 31, 2019, unless the City Council shall determine at an earlier date that the requirements of this chapter are no longer necessary. If this chapter has not been repealed by July 1, 2019, the City Council shall determine by the end of that year whether substantial effects or lack of opportunity of SBEs remain true in the relevant market and whether, and for how long, some or all of the requirements of this chapter should remain in effect. (Ord Ex. A; passed Dec. 16, 2014: Ord Ex. A; passed Mar. 26, 2013: Ord Ex. A; passed Dec. 15, 2009) 71 City Clerk s Office 1-59 (Revised 12/2015)

72 SAP Contract No. PROFESSIONAL SERVICES CONTRACT THIS CONTRACT, made and entered into effective this day of, 20 ( Effective Date ), by and between the CITY OF TACOMA, a municipal corporation of the State of Washington (hereinafter referred to as the CITY ), and Insert Name of Contractor, a Insert Business Entity Status, e.g., sole proprietorship, limited liability company, Washington state corporation, etc., (hereinafter referred to as CONTRACTOR ); In consideration of the mutual promises and obligations hereinafter set forth, the Parties hereto agree as follows: 1. Scope of Services/Work A. The CONTRACTOR agrees to diligently and completely perform the services and/or deliverables described in Exhibit(s) attached hereto and incorporated herein. B. Changes To Scope of Work. The CITY shall have the right to make changes within the general scope of services and/or deliverables upon execution in writing of a change order or amendment hereto. If the changes will result in additional work effort by CONTRACTOR, the CITY will agree to reasonably compensate the CONTRACTOR for such additional effort up to the maximum amount specified herein or as otherwise provided by City Code. 2. Term A. All services shall be satisfactorily completed on or before, or as otherwise specified in Exhibit and this Contract shall expire on said date unless mutually extended in writing by the Parties. B. Neither party shall be considered to be in default in the performance of this Contract to the extent such performance is prevented or delayed by any cause which is beyond the reasonable control of the affected party and, in such event, the time for performance shall be extended for a period equal to any time lost as a result thereof. In the event CONTRACTOR is unable to proceed due to a delay solely attributable to CITY, CONTRACTOR shall advise CITY of such delay in writing as soon as is practicable. 3. Compensation and Payment A. The CITY shall compensate the CONTRACTOR for the services and deliverables performed under this Contract as follows: Check ONLY one: On the basis of Time and Materials according to the rates and charges set forth in Exhibit. In accordance with Exhibit. At the rate of $ per hour. Professional Services Contract Page 1 of 11 Form Date: 04/27/2017 Attorney: 72

73 SAP Contract No. B. The total price to be paid by CITY for CONTRACTOR S full and complete performance of the Scope of Work hereunder shall not exceed $ without the written consent of the CITY. Said price shall be the total compensation for CONTRACTOR S performance hereunder including, but not limited to, all work, deliverables, materials, supplies, equipment, subcontractor s fees, and all reimbursable travel and miscellaneous or incidental expenses to be incurred by CONTRACTOR. C. The CONTRACTOR shall submit monthly invoices in a format comparable to the invoice attached hereto and identified as Exhibit, for services completed and/or deliverables furnished during the previous month. Upon CITY S request, CONTRACTOR shall submit necessary and appropriate documentation, as determined by the CITY, for all invoiced services and deliverables. D. Payment shall be made through the CITY S ordinary payment process, and shall be considered timely if made within 30 days of receipt of a properly completed invoice. E. The CITY may withhold payment to the CONTRACTOR for any services or deliverables not performed as required hereunder until such time as the CONTRACTOR modifies such services or deliverables to the satisfaction of the CITY. F. All payments shall be subject to adjustment for any amounts, upon audit or otherwise, determined to have been improperly invoiced. G. In the event the CONTRACTOR incurs cost in excess of the sum authorized for service under this Contract, the CONTRACTOR shall pay such excess from its own funds, and the CITY shall not be required to pay any part of such excess, and the CONTRACTOR shall have no claim against the CITY on account thereof. 4. Independent Contractor Status A. The services and deliverables shall be furnished by the CONTRACTOR as an independent Contractor, and nothing herein contained shall be construed to create a relationship of employer/employee or master/servant. No payroll or employment taxes of any kind shall be withheld or paid by the CITY with respect to payments to CONTRACTOR. The payroll or employment taxes that are the subject of this paragraph include, but are not limited to, FICA, FUTA, federal income tax, state personal income tax, state disability insurance tax and state unemployment insurance tax. By reason of CONTRACTOR s status as an independent Contractor hereunder, no workers' compensation insurance has been or will be obtained by the CITY on account of CONTRACTOR. CONTRACTOR may be required to provide the CITY proof of payment of these said taxes and benefits. If the CITY is assessed or deemed liable in any manner for those charges or taxes, the CONTRACTOR agrees to hold the CITY harmless from those costs, including attorney s fees. B. The CONTRACTOR shall provide at its sole expense all materials, office space, and other necessities to perform its duties under this Contract, unless otherwise specified in writing herein. 5. Professional Services Warranty A. The CONTRACTOR warrants that all services performed pursuant to this Contract shall be generally suitable for the use to which CITY intends to use said services and deliverables Professional Services Contract Page 2 of 11 Form Date: 04/27/2017 Attorney: 73

74 SAP Contract No. as expressed in Exhibit(s). Additional warranties, if any, for incidental product deliverables hereunder are set forth in Exhibit <<or in Section 1.A.(2) above>>. B. In the performance of services under this Contract, the CONTRACTOR and its employees agree to exercise the degree of skill and care required by customarily accepted good practices and procedures followed by professionals/consultants rendering the same or similar type of service. All obligations and services of the CONTRACTOR hereunder shall be performed diligently and completely according to such professional standards. C. If the CONTRACTOR intends to rely on information or data supplied by the CITY, other CITY contractor s or other generally reputable sources without independent verification, such intent shall be brought to the attention of the CITY. 6. Contract Administration and Right to Audit A. The Insert Dept/Division/Engineer/City Contact for the CITY shall have primary responsibility for contract administration and approval of services to be performed by the CONTRACTOR, and shall coordinate all communications between the CONTRACTOR and the CITY. B. The CONTRACTOR shall, at such times and in such form as the CITY may reasonably require, furnish the CITY with periodic status reports pertaining to the services undertaken pursuant to this Contract. C. Upon CITY s request, the Contractor shall make available to CITY all accounts, records, and documents related to the Scope of Work for CITY s inspection, auditing, or evaluation during normal business hours as reasonably needed by CITY to assess performance, compliance, and/or quality assurance under this Contract or in satisfaction of CITY s public disclosure obligations as applicable. 7. Records Retention The CONTRACTOR shall establish and maintain records in accordance with requirements prescribed by the CITY, with respect to all matters related to the performance of this Contract. Except as otherwise authorized by the CITY, the CONTRACTOR shall retain such records for a period of six (6) years after receipt of the final payment under this Contract or termination of this Contract. 8. Notices Except for routine operational communications, which may be delivered personally or transmitted by electronic mail or facsimile, all notices required hereunder shall be in writing and shall be deemed to have been duly given if delivered personally or mailed first-class mail, postage prepaid, to the parties at the following addresses: CITY Name and Address Phone Facsimile CONTRACTOR Name and Address Phone Facsimile Professional Services Contract Page 3 of 11 Form Date: 04/27/2017 Attorney: 74

75 SAP Contract No. 9. Termination and Suspension A. The CITY may terminate this Contract at any time, with or without cause, by giving ten (10) business days written notice to CONTRACTOR. In the event of termination, all finished and unfinished work prepared by the CONTRACTOR pursuant to this Contract shall be provided to the CITY. In the event CITY terminates this Contract due to the CITY s own reasons and without cause due to the CONTRACTOR s actions or omissions, the CITY shall pay the CONTRACTOR the amount due for actual work and services necessarily performed under this Contract up to the effective date of termination, not to exceed the total compensation set forth herein. B. The CITY may suspend this Contract, at its sole discretion, upon seven (7) business days written notice to the CONTRACTOR. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the CONTRACTOR S reasonable expenses and shall be subject to verification. The CONTRACTOR shall resume performance of services under this Contract without delay when the suspension period ends. C. Termination or suspension of this Contract by CITY shall not constitute a waiver of any claims or remaining rights the CITY may have against CONTRACTOR relative to performance hereunder. 10. Taxes, Licenses and Permits A. The CONTRACTOR acknowledges that it is responsible for the payment of all charges and taxes applicable to the services performed under this Contract, and the CONTRACTOR agrees to comply with all applicable laws regarding the reporting of income, maintenance of records, and all other requirements and obligations imposed pursuant to applicable law. If the CITY is assessed, made liable, or responsible in any manner for such charges or taxes, the CONTRACTOR agrees to hold the CITY harmless from such costs, including attorney's fees. B. In the event the CONTRACTOR fails to pay any taxes, assessments, penalties, or fees imposed by any governmental body, including a court of law, then the CONTRACTOR authorizes the CITY to deduct and withhold or pay over to the appropriate governmental body those unpaid amounts upon demand by the governmental body. It is agreed that this provision shall apply to taxes and fees imposed by City ordinance. Any such payments shall be deducted from the CONTRACTOR s total compensation. C. The CONTRACTOR, at its expense, shall obtain and keep in force any and all necessary licenses and permits. The CONTRACTOR shall obtain a business license as required by Tacoma Municipal Code Subtitle 6B.20 and shall pay business and occupation taxes as required by Tacoma Municipal Code Subtitle 6A Indemnification A. The CONTRACTOR shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers, from any and all claims, demands, damages, lawsuits, liabilities, losses, liens, expenses and costs arising out of the subject matter of this Contract; provided that this provision shall not apply to the extent that damage or injury Professional Services Contract Page 4 of 11 Form Date: 04/27/2017 Attorney: 75

76 SAP Contract No. results from the fault of the CITY, or its officers, agents, or employees. The term fault as used herein shall have the same meaning as set forth in RCW , as that statute may hereafter be amended. B. The CONTRACTOR specifically assumes potential liability for actions brought by the CONTRACTOR S own employees against the CITY and, solely for the purpose of this indemnification and defense, the CONTRACTOR specifically waives any immunity under the state industrial insurance law, Title 51 RCW. THE CONTRACTOR RECOGNIZES THAT THIS WAIVER WAS THE SUBJECT OF MUTUAL NEGOTIATION. C. This indemnification shall extend to and include attorneys fees and the cost of establishing the right of indemnification hereunder in favor of the CITY. This indemnification shall survive the termination of this Contract. 12. Insurance During the course and performance of the services herein specified and for the entire term of the Contract, CONTRACTOR will maintain the insurance coverage in the amounts and in the manner specified in the City of Tacoma Insurance Requirements as is applicable to the services and deliverables provided under this Contract. The City of Tacoma Insurance Requirements document is fully incorporated herein by reference. CONTRACTOR shall not begin work under the Contract until the required insurance has been obtained and approved by CITY. Proof of insurance shall be provided by CONTRACTOR as is specified in the City of Tacoma Insurance Requirements. 13. Nondiscrimination The CONTRACTOR agrees to take all steps necessary to comply with all federal, state, and City laws and policies regarding non-discrimination and equal employment opportunities. The CONTRACTOR shall not discriminate in any employment action because of race, religion, creed, color, national origin or ancestry, sex, gender identity, sexual orientation, age, marital status, familial status, veteran or military status, the presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a disabled person. In the event of non-compliance by the CONTRACTOR with any of the non-discrimination provisions of this Contract, the CITY shall be deemed to have cause to terminate this Contract, in whole or in part. 14. Conflict of Interest No officer, employee or agent of the CITY, nor any member of the immediate family of any such officer, employee or agent as defined by City ordinance, shall have any personal financial interest, direct or indirect, in this Contract, either in fact or in appearance. The CONTRACTOR shall comply with all federal, state, and City conflict of interest laws, statutes and regulations. The CONTRACTOR represents that the CONTRACTOR presently has no interest and shall not acquire any interest, direct or indirect, in the program to which this Contract pertains which would conflict in any manner or degree with the performance of the CONTRACTOR S services and obligations hereunder. The CONTRACTOR further covenants that, in performance of this Contract, no person having any such interest shall be employed. The CONTRACTOR also agrees that its violation of the CITY S Code of Ethics contained in Chapter 1.46 of the Tacoma Municipal Code shall constitute a breach of this Contract subjecting the Contract to termination. Professional Services Contract Page 5 of 11 Form Date: 04/27/2017 Attorney: 76

77 SAP Contract No. 15. City ownership of Work/Rights in Data and Publications: A. To the extent that CONTRACTOR creates any Work subject to the protections of the Copyright Act (Title 17 U.S.C) in its performance of this Contract, CONTRACTOR agrees to the following: The Work has been specially ordered and commissioned by CITY. CONTRACTOR agrees that the Work is a work made for hire for copyright purposes, with all copyrights in the Work owned by CITY. To the extent that the Work does not qualify as a work made for hire under applicable law, and to the extent that the Work includes material subject to copyright, CONTRACTOR hereby assigns to CITY, its successors and assigns, all right, title and interest in and to the Work, including but not limited to, all patent, trade secret, and other proprietary rights and all rights, title and interest in and to any inventions and designs embodied in the Work or developed during the course of CONTRACTOR S creation of the Work. CONTRACTOR shall execute and deliver such instruments and take such other action as may be required and requested by CITY to carry out the assignment made pursuant to this section. Any documents, magnetically or optically encoded media, or other materials created by CONTRACTOR pursuant to this Contract shall be owned by CITY and subject to the terms of this sub-section. To the maximum extent permitted by law, CONTRACTOR waives all moral rights in the Work. The rights granted hereby to CITY shall survive the expiration or termination of this Contract B. The CONTRACTOR shall be solely responsible for obtaining releases for the performance, display, recreation, or use of copyrighted materials. 16. Public Disclosure A. This Contract and documents provided to the CITY by CONTRACTOR hereunder are deemed public records subject to disclosure under the Washington State Public Records Act, Chapter RCW (Public Records Act). Thus, the CITY may be required, upon request, to disclose this Contract and documents related to it unless an exemption under the Public Records Act or other laws applies. In the event CITY receives a request for such disclosure, determines in its legal judgment that no applicable exemption to disclosure applies, and CONTRACTOR has complied with the requirements of sub-section B herein, CITY agrees to provide CONTRACTOR ten (10) days written notice of impending release. Should legal action thereafter be initiated by CONTRACTOR to enjoin or otherwise prevent such release, all expense of any such litigation shall be borne by CONTRACTOR, including any damages, attorneys fees or costs awarded by reason of having opposed disclosure. CITY shall not be liable for any release where notice was provided and CONTRACTOR took no action to oppose the release of information. Notice of any proposed release of information pursuant to Chapter RCW, shall be provided to CONTRACTOR according to the Notices provision herein. B. If CONTRACTOR provides the CITY with records that CONTRACTOR considers confidential or proprietary, CONTRACTOR must mark all applicable pages of said record(s) as Confidential or Proprietary. If CONTRACTOR fails to so mark record(s), then (1) the CITY, upon request, may release said record(s) without the need to satisfy the requirements of subsection A above; and (2) the CONTRACTOR expressly waives its right to allege any kind of civil action or claim against the CITY pertaining to the release of said record(s). 17. Duty of Confidentiality Professional Services Contract Page 6 of 11 Form Date: 04/27/2017 Attorney: 77

78 SAP Contract No. A. CONTRACTOR acknowledges that unauthorized disclosure of information or documentation concerning the Scope of Work hereunder may cause substantial economic loss or harm to the CITY. B. Except for disclosure of information and documents to CONTRACTOR s employees, agents, or subcontractors who have a substantial need to know such information in connection with CONTRACTOR s performance of obligations under this Contract, the CONTRACTOR shall not without prior written authorization by the CITY allow the release, dissemination, distribution, sharing, or other publication or disclosure of information or documentation obtained, discovered, shared or produced pursuant to this Contract. C. The CONTRACTOR shall inform its employees, agents, and subcontractors of the confidentiality obligations under this Contract and instruct them so as to ensure such obligations are met. If so requested by the CITY, the CONTRACTOR further agrees to require all such individuals and entities performing services pursuant to this Contract to execute a Confidentiality and Non-Disclosure Agreement in a form acceptable to CITY. D. The CONTRACTOR shall not release any information or documentation concerning the work under this Contract or any part thereof for marketing, advertising, or other commercial activities or publication including, but not limited to, news releases or professional articles, without the prior written approval of the CITY. Any and all news releases, professional articles, marketing, advertising, publicity, or other commercial activities that describe or discuss the Scope of Services shall be reviewed and approved by the CITY prior to publication, disclosure and/or distribution. The CONTRACTOR may submit for review and approval a generic abstract describing the component parts of the completed Scope of Services ( Project Abstract ). After receiving written approval of the Project Abstract from the CITY, the CONTRACTOR may make minor insignificant changes to the Project Abstract and use all or parts of the Project Abstract in proposals. E. This Section shall survive for six (6) years after the termination or expiration of this Contract. F. CONTRACTOR shall ensure that the text of this Section is included in each subcontractor's contract pertaining to the Scope of Services hereunder. 18. Dispute Resolution In the event of a dispute pertaining to this Contract, the parties agree to attempt to negotiate in good faith an acceptable resolution. If a resolution cannot be negotiated, then the parties agree to submit the dispute to voluntary non-binding mediation before pursuing other remedies. This provision does not limit the CITY S right to terminate authorized by this Contract. 19. Miscellaneous Provisions A. Governing Law and Venue. Washington law shall govern the interpretation of this Contract. Pierce County shall be the venue of any mediation, arbitration or litigation arising out of this Contract. B. Assignment. The CONTRACTOR shall not assign, subcontract, delegate, or transfer any obligation, interest or claim to or under this Contract or for any of the compensation due hereunder without the prior written consent of the CITY. Professional Services Contract Page 7 of 11 Form Date: 04/27/2017 Attorney: 78

79 SAP Contract No. C. No Third Party Beneficiaries. This Contract shall be for the sole benefit of the parties hereto, and nothing contained herein shall create a contractual relationship with, or create a cause of action in favor of, a third party against either party hereto. D. Waiver. A waiver or failure by either party to enforce any provision of this Contract shall not be construed as a continuing waiver of such provisions, nor shall the same constitute a waiver of any other provision of this Contract. E. Severability and Survival. If any term, condition or provision of this Contract is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Contract, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Contract, shall survive termination of this Contract. F. Entire Agreement. This Contract and the attached Exhibits, as modified herein, contain the entire agreement between the parties as to the services to be rendered hereunder. All previous and contemporaneous agreements, representations or promises and conditions relating to the subject matter of this Contract are superseded hereby. The Parties hereto mutually acknowledge, understand and agree that the terms and conditions set forth herein shall control and prevail over any conflicting terms and conditions stated in any attachments hereto. G. Modification. No modification or amendment of this Agreement shall be effective unless set forth in writing and signed by the Parties. H. Authority to enter into this Contract. The undersigned Contractor representative, by his/her signature below, represents and warrants that he/she is duly authorized to execute this legally binding Contract for and on behalf of Contractor. IN WITNESS WHEREOF the parties hereto have accepted and executed this Contract as of the Effective Date first written above. CITY OF TACOMA INSERT NAME OF CONTRACTOR Printed Name/Title Division Head or Representative Printed Name: Title: Printed Name/Title of additional department/division representative, if applicable Address: Professional Services Contract Page 8 of 11 Form Date: 04/27/2017 Attorney: 79

80 SAP Contract No. Director of Finance Approved as to Form: City/State/Zip Tax ID: Deputy City Attorney Attest: City Clerk Professional Services Contract Page 9 of 11 Form Date: 04/27/2017 Attorney: 80

81 SAP Contract No. EXHIBIT A SCOPE OF WORK Professional Services Contract Page 10 of 11 Form Date: 04/27/2017 Attorney: 81

82 SAP Contract No. EXHIBIT "B" INVOICE This form is intended to illustrate the information the City of Tacoma needs to process Contract payments. The City of Tacoma prefers that CONTRACTOR use its own standard business invoice forms so long as they include the following information. CONTRACTORS who do not have a standard business invoice form may use this form as their invoice. Your cooperation in providing the information we are requesting will ensure prompt processing of your payments. I HEREBY REQUEST PAYMENT FOR THE FOLLOWING ITEMIZED SERVICES AND/OR PRODUCT DELIVERABLES: Services (Describe): Deliverables (Describe): AS PER CONTRACT No.: AMOUNT DUE : I HEREBY CERTIFY THAT THIS BILL IS CORRECT AND JUST AND THAT PAYMENT FOR THE SERVICES AND/OR DELIVERABLES IDENTIFIED HAS NOT BEEN RECEIVED. BY: TITLE: SIGNATURE: DATE SIGNED: ORGANIZATION NAME: FEDERAL TAX ID No. or SS No.: TELEPHONE NUMBER: PLEASE REMIT PAYMENT TO: (Name and Address of Contractor) I Attest and Certify that all Services and/or Deliverables identified in this Invoice have been performed and/or supplied. City Dept/Division: Contact Name: Contract Administrator Signature Phone: 253- Fax: 253- Professional Services Contract Page 11 of 11 Form Date: 04/27/2017 Attorney: 82

83 SUPPLEMENTAL INFORMATION Attachments A-L 83

84 Attachment A: Background City of Tacoma Emergency Medical Services CITY OF TACOMA FIRE DEPARTMENT OVERVIEW Service Area Description The estimated 2017 population for the entire TFD service area is 226,811. The TFD service area covers nearly 72 square miles, encompassing the City of Tacoma, the City of Fife, the Town of Fircrest, Pierce County Fire District 10 and tribal lands of the Puyallup Tribe of Indians. The TFD service area also includes about 44 miles of shoreline bordering 25 square miles of Puget Sound including Commencement Bay, the Tacoma Narrows, the Thea Foss, Blair, Sitcum and Hylebos Waterways as well as the Puyallup River. The 2016 assessed valuation for the TFD service area was over $23.7 billion. Service Delivery Model TFD s emergency units are organized into three battalions. Each battalion is supervised by a Battalion Chief. The department s units and stations are positioned strategically throughout the service area providing the following services: Fire suppression; Basic and advanced life support medical treatment and transport of critically ill or injured patients; Hazardous materials containment; Technical rescue Marine firefighting and rescue. TFD s personnel are trained to respond to a number of different types of emergencies. All commissioned employees also are trained and certified Emergency Medical Technicians or Paramedics. Every engine and ladder company and the fireboats carry firefighting equipment plus medical supplies and equipment such as oxygen and automatic external defibrillators for basic life support emergency response. The positioning of TFD resources and staffing levels is affected by geographical considerations, especially Commencement Bay, whereby units located on the upper arms of the resulting Y shaped service area cannot easily support each other. The existence of Commencement Bay also underscores the need for marine firefighting and rescue capability for emergency incidents that occur on or adjacent to water. Besides TFD s five paramedic staffed transport capable medic companies, two of the department s fourteen engine companies are permanently staffed with paramedics for advanced life support (ALS) emergency medical response.

85 Current EMS Program Description Emergency calls from citizens requesting emergency medical services (EMS) are received by staff of South Sound 911 (successor to LESA). Once the call taker determines that a call is emergency medical in nature the caller is transferred to the Tacoma Fire Communications Center (FCC) for all calls within TFD s service area described above. TFD s FCC staff dispatches using South Sound s Integraph Computer Aided Dispatch system (CAD). This CAD supports AVL/GPS to help dispatchers select the closest available units for response. If the emergency call is not ALS, the FCC dispatcher dispatches the closest TFD unit and also may dispatch the closest available AMR ambulance using the CAD to CAD interface to AMR s dispatch system if transport is needed. AMR units transport to area medical facilities. Upon completion of their transports, AMR staff updates their status to be available for subsequent emergency incidents. All TFD Medic One ALS transport units are staffed with two Firefighter Paramedics who, in addition to responding to ALS emergencies, respond as firefighters to working fires in TFD s service area. AMR ambulances also must be able to provide ALS transport in the event that TFD ALS transport units are not available. Consequently, except for cabulance transport units, AMR units responding to TFD dispatched emergencies in the service area are staffed by a minimum of one paramedic and one EMT. AMR also provides cabulance transport services to medical facilities for patients determined not to require emergency transport. The current contract is performance based with financial penalties levied for responses not meeting time standards. Recent incident volume is summarized in Attachment L.

86 TFD Planning Zones Attachment H

87 Radio Operations OVERVIEW FIRE COMMUNICATIONS 1.1 Purpose 1. This document establishes TFD s policy on using the Public Safety trunked radio system. 2. Included in this document is a procedure for: a. Mutual aid radio communications 1.2 This document applies to all TFD uniformed personnel. 1.3 This document supersedes all previous versions of this policy. 1.4 Associated with this document are the following forms: 1. Laminated template for radio channel switch positions 1.5 For related TFD-specific information, users of this document should refer to: 1. TFD 800 MHz Radio Guide 2. TFD Policy 2008: Mutual and Automatic Aid Response 3. TFD Policy 2018: MAYDAY 4. TFD Policy 2022: Rapid Intervention Crew(s) 5. TFD Policy 5026: Safety at Violent Incidents 6. TFD Communications Policies: 8000 series 2.0 RESPONSIBILITIES 2.1 The Deputy Chief, Operations Bureau, or his/her designee shall be responsible for maintaining this document. 2.2 The Fire Communications Center Supervisor shall be responsible for ensuring channels are assigned and incidents dispatched in accordance with this policy. 2.3 All Fire Communications Center personnel are responsible for assigning channels and dispatching incidents in accordance with this policy. 2.4 All TFD personnel are responsible for using the 800 MHz radio system in accordance with this policy. 3.0 DEFINITIONS 3.1 Bank: Also referred to as zone, is another selection of available radio channels/frequencies to be selected and used. 3.2 Bonk: Term used to indicate the audio noise emitted from a radio that is out of range of the system repeaters. 3.3 CAD: Computer Aided Dispatch. 08/2014

88 Radio Operations 8007, page Code Blue: A situation in which someone is in danger of suffering bodily harm from a violent act, a felony is in progress or a crime suspect or other dangerous person is present; also includes situations where TFD personnel are being physically abused or are about to become involved in a major altercation. 3.5 DIR (Direct Channel): A radio-to-radio channel that allows users to talk without going through the repeater system. 3.6 EMER (Emergency Channel): Highest priority channel in the radio system reserved for emergency traffic only. 3.7 Emergency Alert: An 800 MHz radio function that alerts FCC of a firefighter in need of assistance when s/he cannot immediately relay a request for assistance verbally. 3.8 MAYDAY: An alert used exclusively when a firefighter is trapped or missing. 3.9 MDC: Mobile data computer Mutual Aid/Automatic Mutual Aid: Reciprocal agreement whereby each party to the agreement is prepared to give assistance to the other parties of the agreement without charge. Mutual Aid requires the requesting Agency to have a unit on scene. Automatic mutual aid is a formal agreement between agencies allowing mutual aid to be included on the initial dispatch with no need to have units on the scene Rapid Intervention Crew (RIC): A designated crew that serves expressly as a standby rescue team for personnel. 4.0 REFERENCES 4.1 WAC : Safety Standards for Firefighters 5.0 RULES 5.1 General Guidelines 1. All on-duty TFD uniformed personnel shall carry and monitor their assigned portable radios whenever s/he is out of the station or in available on radio status. 2. A portable radio is the responsibility of the individual to whom it is assigned. 3. Company officers shall ensure that each on-duty crew member has a functional portable radio and that the extra portable radios assigned to his/her company are kept in a secure location. 4. All channels shall be assigned by or through the Fire Communications Center (FCC). 5. All TFD personnel shall: a. Use the appropriate assigned system channels whenever possible. b. Select and monitor channel A1 DSP unless otherwise assigned by FCC. 08/2014

89 Radio Operations 8007, page 3 6. FCC personnel shall: a. Dispatch over the 800 MHz radio system using A1 DSP as the dispatch channel. b. Assign tactical Channels A2 OPS 2, A3 OPS 3, A4 OPS 4 and A5 OPS 5 for Tacoma units or A6 OPS 6, A7 OPS 7, A8 OPS 8 for CPFR units as part of the dispatch information. c. Continue to simulcast the 1-11 tones and initial fire dispatch information out on 800 MHz A1 DSP, and Tacoma VHF F1. d. Include in the dispatch audio the channel assignment. The following format shall be used for dispatching: Company(ies)/unit(s) channel assignment respond to (location) chief complaint or nature of problem. EXAMPLES: E1, Channel A3, respond 415 Tacoma Ave S, Dumpster fire or E1 with a Rural Metro, Channel A2, respond 919 Fawcett in the lobby, 88F fall. 7. Company(ies) in quarters shall: a. Go en-route on the MDC. b. Switch to the assigned tactical channel. 8. Company(ies) available on radio shall: a. Switch to the assigned tactical channel. b. Report they are responding and the location from which they are responding. 9. Each company Captain shall place on his/her apparatus for reference a laminated radio template identifying the switch position for all the channels that can be accessed using TFD mobile and portable radios. 5.2 Communications Protocols 1. TFD personnel shall initiate company-to-company, company-to-base, or base-to-company radio communications by first stating the designator of the company or base being called followed by the designator of the company or base that is calling; also known as the Hey you, it s me format. EXAMPLES: Radio communication originating from FCC calling Engine 2: Engine 2, Tacoma Radio communication originating from Ladder 3 calling FCC: Tacoma, Ladder 3 Radio communication originating from Battalion 2 calling Engine 10: Engine 10, Battalion A2 A5 TFD Operations, A6 A8 CPFR Operations Channels. 1. FCC personnel shall assign A2 for TFD and A6 for CPFR for the majority of dispatches to routine incidents. 2. Upon assignment to an incident on this channel, all assigned units shall: a. Communicate using this channel for the duration of the incident 08/2014

90 Radio Operations 8007, page 4 b. After clearing the incident, switch back to Channel A1 DSP once they are available for another assignment to include AOS (available on scene) status. 5.4 A3 A5, A7 A8 Tactical Channels 1. FCC personnel shall assign one of these channels at the time of dispatch to an incident other than routine events, or to events that may require multiple units to be assigned. 2. Upon assignment to an incident on this channel, all assigned units shall: a. Communicate using this channel for the duration of the incident. b. (Repeat 2 b above here) Switch back to A1 DSP after the incident once they are available for another assignment to include available on scene status. 5.5 EMER (Emergency) Channel 1. TFD operations personnel shall: a. Use the EMER channel for emergency radio traffic when other methods of transmitting the emergency message are either not safe or not possible due to the circumstances of the emergency (e.g., Code Blue, MAYDAY, emergency traffic requests). b. Immediately acknowledge FCC personnel in the event of an accidental EMER activation. 2. FCC personnel shall: a. Monitor the EMER channel 24/7/365. b. In the event of an emergency, give priority to units transmitting emergency messages. c. Reset the radio consoles in the event of an accidental EMER activation. 5.6 Direct Channels 1. When TFD personnel encounter an area or a building or other structure where there is no radio coverage, direct channels can be used for routine (non-emergency) radio traffic or for emergency communication with a Rapid Intervention Crew (RIC) when one is established. a. The user will hear a bonk on the radio when the transmit ( Push to Talk ) button is pressed. 2. Direct channels are not monitored by TFD s Fire Communications Center (FCC) and they are not recorded. 5.7 Specialty Channels 1. Station Captains shall ensure that the current radio channel assignment list and template is placed on each assigned apparatus. 2. The Incident Commander shall: a. Request clearance from FCC to use additional system channels in accordance with the needs of a particular incident and/or training activity. b. Request FCC monitoring of additional system channel usage as necessary and/or appropriate. 08/2014

91 Radio Operations 8007, page 5 3. FCC personnel shall monitor the use of requested additional system channels if call volume and staffing allows. 5.8 Mutual Aid 1. When a request for mutual aid is made, FCC personnel shall assign channels and dispatch the appropriate resources in accordance with the guidelines set forth in this document. 2. TFD operations personnel shall: a. Use Public Safety trunked radios on the B-bank for responses into West Pierce or Browns Point/Dash Point. i. Channels will be assigned by Pierce County Fire Communications. ii. FCC personnel shall notify responding units of the channel assignment with dispatch information on the MDT/MDC. b. Use Public Safety trunked radios on the C-bank for responses into other areas dispatched by West Pierce FireComm. c. Use Public Safety trunked radios on the F or K banks for mutual aid response into King or Snohomish Counties. i. Channels will be assigned by the requesting agency. ii. Tacoma FCC personnel shall notify responding units of the channel assignment with dispatch information on the MDT/MDC. 5.9 Emergency Alert King County Mutual Aid 1. The Emergency Alert button is active on the King County system. 2. Depressing the Emergency Alert button while assigned to a King County incident will set off an alarm at the dispatch center making the resource request. a. That dispatch center will then try to contact the TFD unit for further information regarding the emergency alert. b. These transmissions will be broadcast on the emergency channel and the assigned incident channels to which a unit/company is assigned. c. In the event of an emergency, TFD units will be given priority to transmit emergency messages. 3. TFD units who accidentally activate the emergency alert button for a King County incident shall use the words all clear or Code 4 as a unit response and reset the radio as directed by the communications center. 4. To reset the emergency alert, turn the radio off and back on again as directed by the communications center. 6.0 PROCEDURE FOR MUTUAL AID RADIO COMMUNICATIONS 6.1 FCC Personnel 1. Transmit over the radio and on the MDC the radio channel assignment of the TFD units assigned to the mutual aid request outside of the TFD response area. 08/2014

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