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HomeMy WebLinkAbout01/08/2013 09 Fire Code Inspector Services Agreement with Yakima Fire DepartmentBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7 For Meeting of: January 8, 2013 ITEM TITLE: Resolution authorizing agreement and award of Fire Code Inspector Services Request for Proposals SUBMITTED BY: Sue Ownby, Purchasing Manager 576 -6695 CONTACT Maria Mayhue, Senior Buyer PERSON /TELEPHONE: 575 -6094 SUMMARY EXPLANATION: The City of Yakima requires a contract for fire code inspection services for business occupancies within the city limits of Yakima. The City Council requested that a Managed Competition Request for Proposals be solicited for this service. The Purchasing Division advertised a Request for Proposals (RFP), which were due on December 14, 2012. Based on the RFP, the Fire Department proposal for business occupancy inspection services is being recommended for award. Resolution X Contract: X Contract Term: 1 -5 Years Insurance Required? Yes Ordinance Mail to: Amount: 175,911.30 - Year 1 and thereafter per Agreement Funding General Fund Reserves Source: APPROVED FOR SUBMITTAL: . STAFF RECOMMENDATION: Other (specify) Expiration Date: 01/08/18 Phone: City Manager Adopt a Resolution making an award and authorizing the City Manager to execute an agreement with Yakima Fire Department for fire code inspection services. BOARD /COMMISSION RECOMMENDATION: w BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7 For Meeting of: January 8, 2013 ITEM TITLE: Resolution authorizing agreement and award of Fire Code Inspector Services Request for Proposals SUBMITTED BY: Sue Ownby, Purchasing Manager 576 -6695 CONTACT Maria Mayhue, Senior Buyer PERSON /TELEPHONE: 575 -6094 SUMMARY EXPLANATION: The City of Yakima requires a contract for fire code inspection services for business occupancies within the city limits of Yakima. The City Council requested that a Managed Competition Request for Proposals be solicited for this service. The Purchasing Division advertised a Request for Proposals (RFP), which were due on December 14, 2012. Based on the RFP, the Fire Department proposal for business occupancy inspection services is being recommended for award. Resolution X Contract: X Contract Term: 1 -5 Years Insurance Required? Yes Ordinance Mail to: Amount: 175,911.30 - Year 1 and thereafter per Agreement Funding General Fund Reserves Source: APPROVED FOR SUBMITTAL: . STAFF RECOMMENDATION: Other (specify) Expiration Date: 01/08/18 Phone: City Manager Adopt a Resolution making an award and authorizing the City Manager to execute an agreement with Yakima Fire Department for fire code inspection services. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution Authorizing Agreement and Award of Fire Code Inspector Services Request for Proposals ❑ Recommendation of Award Memorandum ❑ 11231 -P AGREEMENT ❑ Request for Propdsals Document 11231 -P ❑ Yakima Fire Department Proposal RESOLUTION NO. R -2013- A RESOLUTION making an award for Request for Proposals 11231 -P and authorizing the City manager to execute an agreement between Yakima Fire Department and City of Yakima for fire code inspector services. WHEREAS, the City of Yakima (City) requires a contract for fire code inspection services for business occupancies within city limits; and WHEREAS, the City of Yakima has allocated funding for fire code inspection services; and WHEREAS, the City Council requested that a Managed Competition Request for Proposals be solicited for this service; and WHEREAS, the Purchasing Division, acting on behalf of the City Manager, advertised a Request for Proposals, which were due on December 14, 2012; and WHEREAS, proposals were received from the following two (2) proposers: • Heath Fire Inspections • Yakima Fire Department WHEREAS, an Evaluation Process was completed and it is recommended by the Evaluation Committee and the City Manager that the City proceed with a contract award to Yakima Fire Department, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an agreement with Yakima Fire Department to provide fire code inspection services for business occupancies located within the city limits of Yakima, a copy of the Agreement with all relevant attachments is attached hereto and by reference made a part hereof, now, therefore, ADOPTED BY THE CITY COUNCIL this 8th day of January, 2013. ATTEST: City Clerk Micah Cawley, Mayor yo, Committee Recommendation 11231-P Fire Code Inspector Services Managed Competition December 28, 2012 Mr. O'Rourke, On December 14, 2012, Requests for Proposals (RFP) were due from interested parties to provide the City with fire code inspection services. Proposals were received from the following: • Heath Fire Inspections (Charles Heath) • Yakima Fire Department I reviewed the proposals for responsiveness and noted that Heath Fire Inspections had the following material deficiency: Heath Fire Inspections based their price proposal on 2700 inspections per year and one inspector to complete them. The specifications state that there are approximately 4000 occupancies that require inspection each year. While the RFP was still open, I spoke with Mr. Heath and he stated that Attachment F - Occupancy Register 11/08/2012 (Part I and II) had only 2600 -2700 occupancies listed. I advised Mr. Heath that he should still base his proposal on the 4000 as specified. He did not follow the directions in the RFP, which has made it impossible to compare the two proposals apples for apples. I confirmed with Fire Chief Dave Willson that our specifications were correct in stating there will be approximately 4000 inspections required per year, as we must consider the estimated 1000 re- inspections that will need to occur. Other deficiencies noted: • Heath Fire Inspections did not provide proof of liability insurance, a financial report, or the Drug Free Workplace Declaration. After your review and at your direction, the proposal from Heath Fire Inspections was rejected as non - responsive. The proposal from Yakima Fire Department was deemed to be responsive and moved on to the analysis committee for full evaluation. The analysis committee was formed and given materials and instructions on how to conduct the analysis and score the proposals. Committee Members: Tara Lewis, Financial Services Manager - City of Yakima ]akki MacLean, Bureau Chief /Fire Marshal - Yakima County Mary Valladares, Deputy State Fire Marshal - State of WA David Willson, Fire Chief - City of Yakima Maria Mayhue, Purchasing Sr. Buyer - City of Yakima- Non - Voting The proposal was scored utilizing the following scoring matrix, as listed in the RFP: Qualification Evaluation Criteria: The following are the criteria, which will be used in the selection of applicants. A maximum score of 100 points will be used by each evaluator to score applicants. Each of the following elements shall have the stated maximum point value: 1. Capabilities: insurance and bonding requirements, performance bond, sufficient staff levels, management and operations plans & quality control procedures, no litigation or judgments, etc. 20 pt 80 pt possible) 2. Relevant Experience /Key Personnel Experience & Training: certifications, years providing this service, defaults on past contracts, references 20 pt 80 pt possible) 3. Lump Sum Annual Cost to City 60 pt 240 pt possible) Total: 4 Evaluators: Total points possible = 400 Out of 400 possible points (100 total points for each evaluator) the combination of the scores was as follows: Yakima Fire Department: 389 Points The committee unanimously recommends that we proceed to contract award with Yakima Fire Department. The resulting contract will be sent to City Council for approval. Sincerely, Maria Mayhue, Senior Buyer APPROVED: Tony O'Rourke, City Manager AGREEMENTFOR FIRE CODE INSPECTOR SERVICES FOR BUSINESS OCCUPANCIES LOCATED WITHIN CITY LIMITS (CITY OF YAKIMA FIRE DEPARTMENT) THIS SERVICE AGREEMENT, hereinafter "Agreement ", is made and entered into by and between the City of Yakima (a Washington State municipal corporation, hereinafter the "City "), and City of Yakima Fire Department (hereinafter "Contractor "). WHEREAS, the City requires certain Fire Code Inspector Services for business occupancies within the city limits of Yakima; and WHEREAS, the City has conducted a managed competition process pursuant to procedures approved in Resolution No. 2012 -122; and WHEREAS, the proposal submitted by the Yakima Fire Department was found and determined to be a responsive proposal submitted by the most qualified proponent; and WHEREAS, Contractor has experience and expertise regarding said services, and agrees to perform these services for the City under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor as follows: 1. Services. The Contractor shall provide Fire Code Inspector Services for business occupancies within the city limits of Yakima in accordance with and as described in RFP No. 11231 -P, which is attached hereto and incorporated herein by this reference. 2. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Contractor to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Contractor as stated herein. 3. Contract Documents. The City of Yakima RFP No. 11231 -P, the Contractor's response (to the extent consistent with the City's documents), and any addenda issued are hereby incorporated herein by this reference. 4. Integration. This written document, inclusive of the contract documents listed above, constitutes the entire agreement between the parties. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. In the event of any discrepancy or conflict between the provisions of this Agreement and the the documents included as "contract documents" as described above, the terms and conditions of this Agreement shall control. 5. Term. The period of this Agreement shall be for a period of one (1) year from its effective date. The City may, at its option, extend this Agreement on a year to year basis for up to four (4) additional one -year terms, provided, however, that the City may at any time during the life of this Agreement, or any extension thereof, terminate this Agreement by giving thirty (30) days notice in writing to the other party of its intention to cancel. Extensions of this Agreement shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew. Page 1 of 3 6. Non Discrimination. During the performance of this Agreement, Contractor shall not discriminate in violation of any applicable federal, state and /or local law or regulation on the basis of race, color, sex, religion, national origin, creed, age, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, political affiliation, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, .transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 7. The Americans with Disabilities Act. With regard to the services to be performed pursuant to this Agreement, Contractor agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations, and Washington State's anti - discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 8. Termination — Convenience. The City may terminate this Agreement in whole or in part whenever the City determines, in its sole discretion that such termination is in the interests of the City. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to credit for actual work performed at agreed prices for completed items of work. An equitable adjustment in the budget for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the City at any time during the term, whether for default or convenience, shall not constitute a breach by the City. 9. Contractor is City Department — Termination — Default. This Agreement has been entered into by and between the parties pursuant to a managed competition process whereby the City solicited proposals from qualified providers of fire inspection services and the Yakima Fire Department was deemed the most qualified proponent submitting a responsive proposal. Nothing in this Agreement shall be construed to limit the ability of the City to manage and control the Yakima Fire Department, establish and administer its budget, and direct Yakima Fire Department personnel. The City reserves the right to determine levels of service and to manage all aspects of the Yakima Fire Department in accordance with existing law and procedure, and to modify such procedures in order to preserve, protect and promote the fire prevention and protection service for the benefit of the general health, safety and welfare. The City also reserves the right to contract with other governmental agencies and qualified third parties for provision of such services, or to supplement and support the services provided by the Yakima Fire Department, all in accordance with applicable law and lawful procedure. If the Contractor defaults by failing to perform any of the obligations of this Agreement, the City may, by delivering written notice to the Contractor, terminate the Agreement, and at the City's option, obtain performance of the work elsewhere. If the Agreement is terminated for default, the Contractor shall not be entitled to receive any further payments under the Contract until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 10. Insurance. All insurance requirements set forth in the contract documents have been met and satisfied by existing insurance policies held and maintained by City. Page 2 of 3 11. Supremacy of Applicable Law. Nothing in this Agreement shall be deemed or construed to alter, limit, modify, amend or repeal any existing or amended statute, ordinance, collective bargaining agreement or procedure applicable to City or City of Yakima Fire Department, and nothing in this Agreement shall be construed to amend, alter, or modify the status of employees of the Yakima Fire Department to any relationship other than employer and employee, Nothing in this Agreement shall give or entitle any employee to any remedy other than those existing under applicable collective bargaining agreements or civil service. City reserves the right and power to establish and administer the budget of the Yakima Fire Department, including but not limited to the right to amend such budget as deemed necessary and appropriate to provide for fire prevention and fire fighting services for the benefit of the public. In the event of any conflict between the provisions of this Agreement and the provisions of any applicable collective bargaining agreement, civil service rule, statute, City ordinance or City policy, the provisions of such collective bargaining agreement, civil service rule, statute, City ordinance or City policy shall control. 12. Severability. If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 13. Survival. Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 15. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 16. Effective Date. This Agreement shall be effective upon the date executed by the City Manager of the City of Yakima. CITY OF YAKIMA CONTRACTOR — CITY OF YAKIMA FIRE DEPARTMENT as Tony O'Rourke, City Manager Date la Date- Page 3 of 3 CITY OF YAKIMA Managed Competition Request for Proposals No. 11231 -P To Provide Fire Code Inspector Services For Business Occupancies Located Within City Limits November 16, 2012 RFP 11231 -P Fire Code Inspector Services — City Manager Page I of 25 Notice to Proposers Managed Competition Request for Proposals (RFP) No. 11231 -P Notice is hereby given by the undersigned that sealed Requests for Proposals will be accepted in the office of Yakima City Purchasing, Yakima City Hall, 129 N. 2nd Street, Yakima, Washington 98901 until the hour of 3:00 PM, December 3, 2012. At such time, all Respondents names will be publicly read and proposals received will be opened and accepted for consideration for: Fire Code Inspector Services for Business Occupancies within City Limits Above per specifications. Minority and Women owned businesses are encouraged to respond Under the authority of City of Yakima Resolution R- 2012 -122 and the provisions in the City of Yakima's Managed Competition Guide adopted on October 2, 2012, the City intends to seek a highly qualified Contractor (City employees or a private contractor) to provide fire code inspector services for business occupancies located within the city limits of Yakima, under the Managed Competition process. Request for Proposal Packets are available in the office of the Purchasing Manager, City Hall, 129 N 2nd Street, Yakima, Washington, 98901. 509 - 575 -6093. Packets are also available on the City's Purchasing Webpage at www.vakimawa.gov. The City of Yakima reserves the right to reject any and all Proposals Dated this 16th day of November, 2012. (Seal) Maria Mayhue, CPPB Purchasing Senior Buyer Publish on: November 16th and 17th RFP 11231 -P Fire Code Inspector Services —City Manager Page 2 of 25 CITY OF YAKIMA REQUEST FOR PROPOSALS NO. 11231 -P Managed Competition Fire Code Inspector Services for Business Occupancies within City Limits OVERVIEW Under the authority of City of Yakima Resolution R- 2012 -122 and the provisions in the City of Yakima's Managed Competition Guide adopted on October 2, 2012, the City intends to seek a highly qualified Contractor (City employees or a private contractor) to provide fire code inspector services for business occupancies located within the city limits of Yakima, under the Managed Competition process. A. PURPOSE: The selected primary Contractor shall provide services as specified in the RFP Scope of Work. B. DEFINITIONS: a) City The City of Yakima, Washington and its departments. b) Proposer The person or firm submitting the proposal. c) Contractor The person or firm that is awarded the contract. d) RFP The Request for Proposals, including any amendments or other addenda hereto. In case of conflict between the RFP and exhibits, the RFP governs. e) Evaluation Committee The RFP Evaluation Committee will score all responsive Proposals based upon the predetermined scoring matrix included herein, conduct interviews and negotiations if required, and make a Recommendation of Award to the City Manager. f) Proposal The materials submitted by each Proposer in response to the RFP, including all attachments. C. RFP ADMINISTRATION. Upon release of this RFP, all proposer communication should be directed in writing to the RFP Coordinator listed below. Any oral communications with other City employees will be considered unofficial and non - binding on the City. D. RFP COORDINATOR: The RFP Coordinator is: Maria Mayhue, Purchasing Senior Buyer City of Yakima 129 No. 2nd Street Yakima, WA 98901 Ph: 509 - 575 -6094 Email. mmayhue(a)ci.yakima.wa.us RFP 11231 -P Fire Code Inspector Services —City Manager Page 3 of 25 E. REVISIONS TO THE RFP: In the event it becomes necessary to revise any part of this RFP, addenda will be provided to all who receive the RFP. All addenda will also be published on the City's Purchasing webpage at http-//www.vakimawa.gov/services/purchasing/openings/. F. EXCEPTIONS: Specifications of the services proposed shall be equal to or better than the specifications stated herein and all exceptions to such specifications /Scope of Work shall be so listed on a separate sheet headed "EXCEPTIONS TO THE SPECIFICATIONS ". Any Proposal submitted without exceptions will be required to meet every detail of these specifications regardless of cost to the successful proposer. G. PRELIMINARY RFP SCHEDULE: (may be revised as needed): Date RFP Released ....................................... ............................... November 16, 2012 Proposal Packets due .............................. ............................... December 3, 2012 at 3:00 P.M. Evaluation / Interviews ............................... ............................... December 6, 7, 2012 Faxing or mailing of letters to successful applicant ................. December 10, 2012 Award of Contract by City Council ........... ............................... December 18, 2012 Proposed Start Date ............................... ............................... January 1, 2013 H. DEADLINE FOR DELIVERY OF PROPOSALS. One (1) original Proposal with three (3) complete copies and one (1) complete copy on disc (CD), shall be submitted to and date stamped by the City Clerk's Office, City of Yakima Clerk's Office 129 No. 2nd St. Yakima, WA 98901 Proposals must be received and stamped in by 3:00 p.m. on December 3, 2012, in a sealed package labeled RFP No 11231 -P Fire Code Inspector Services, with the date and time of proposal opening written on the face of it. If you plan on attending the proposal opening, DO NOT BRING YOUR PROPOSAL WITH YOU INTO THE OPENING ROOM. It must be received and date stamped by the Clerk's Office. FAXED OR E- MAILED PROPOSAL PACKETS WILL NOT BE ACCEPTED. PROPOSAL PACKETS RECEIVED AFTER 3:00 P.M. PST, December 3, 2012 WILL NOT BE ELIGIBLE FOR CONSIDERATION. THE DEADLINE WILL BE STRICTLY ADHERED TO. LATE PROPOSALS WILL NOT BE CONSIDERED. Proposal Packets, which do not include all requested information and required documentation, may be considered non - responsive. RFP 11231 -P Fire Code Inspector Services — City Manager Page 4 of 25 II. SCOPE OF WORK A. PROJECT SCOPE: The Contractor shall provide all associated costs, including but not limited to: all labor, equipment, tools, vehicles, fuel, facilities, utilities, uniforms, supplies, materials, permits, insurance, bonding, certification; training, supervision, and all other items incidental thereto, and perform all services necessary, in the prescribed manner and time, to provide full day -to -day administration, operations, management, and maintenance of the fire code inspector services contract in accordance with the terms and conditions of the Scope of Services described in this RFP and the attachments hereto. The City of Yakima requires that businesses and places of public assembly be inspected annually for Fire and life safety deficiencies in accordance with the International Fire Code. There are approximately 4000 occupancies that require inspection each year. The inspection does not include confidence tests of alarm and extinguishment systems but does require proof that these tests have been done by the business owner when applicable. The inspections require onsite visits and visual inspection by the inspector. The inspectors will not have enforcement authority nor will they be expected to perform enforcement practices. When infractions are noted, the inspector will explain the infractions, give a compliance date notice and re- inspect the business for compliance. The City of Yakima uses a web based reporting service for inspection record keeping. The inspector will be responsible for entering all data from the inspection form into the reporting service data bank. B. SCOPE OF SERVICES. a) At least 80% of all required inspections must be completed annually. b) All required inspections must be completed at least every two years. c) City of Yakima inspection forms must be filled out completely (see attached form), a copy provided to the occupant or property owner, and entered into the City of Yakima record management system. The International Fire Code manual will be used as reference. d) Violations are to be explained to the responsible party (owner or tenant) or an agent acting with the authority for the responsible party (for example, a store manager, a shop supervisor, etc.) e) Compliance dates (re- inspection dates) are to be set consistent with the severity of the hazard (not to exceed 15 working days.) f) Non - compliance of any violations after one re- inspection shall be forwarded to the Deputy Chief of Support Service with the Yakima fire Department for enforcement. g) During inspection duty, inspectors are to carry proper identification and be attired in appropriate company uniforms. RFP 11231 -P Fire Code Inspector Services — City Manager Page 5 of 25 III. SPECIAL TERMS AND CONDITIONS- A. CONFLICT OF INTEREST — SALES: It has been determined that a significant conflict of interest will exist if the person /firm conducting the fire inspections on behalf of the City is also in the business of selling fire protection systems, products or services. Because of this, any person /firm awarded the City fire inspection contract will be prohibited from also selling fire protection systems, confidence testing services, etc., for the structures /occupancies subject to fire inspection on behalf of the City of Yakima. B. INSPECTOR QUALIFICATIONS: Any combination of education and experience equivalent to two years experience in building or fire code enforcement. Must possess a valid fire code certification from the International Fire Code Institute, International Conference of Building Officials (ICBO), or Western Fire Chief's Association. C. UNUSUAL WORKING CONDITIONS: Exposure to construction sites, hazardous materials, dirt, dust, fumes, weather extremes, insect bites /stings. May encounter angry people when doing inspections. D. PHOTO IDENTIFICATION BADGE AND UNIFORM. The Contractor shall provide any individual performing services under this Contract, a company photo identification badge and standard issue uniform, which must be worn at all times while on assignment on behalf of the City of Yakima. All field employees shall wear Washington Occupational Safety and Health Administration (OSHA) approved Personal Protective Equipment (PPE) where required. E. STANDARDS OF CONDUCT: The Contractor shall be responsible for maintaining satisfactory standards of employees' competence, conduct, courtesy, appearance, honesty, and integrity. It shall be responsible for taking such disciplinary action with respect to any of its employees as may be necessary. The following actions may require discipline. a) Neglect of duty b) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions or fighting c) Theft, vandalism, immoral conduct or any other criminal action d) Selling, consuming, possessing, or being under the influence of intoxicants, including alcohol, or illegal substances while on assignment e) Criminal convictions The Contractor shall be responsible for working in harmony with all others involved with this Contract. Employees and agents of the Contractor shall, while on assignment on behalf of the City, comply with all City rules and regulations. F. REMOVAL OF EMPLOYEES: The City, through the Contract Administrator, may request the Contractor immediately remove from assignment to the City any employee found unfit to perform duties, at the discretion of the City, and the Contractor shall immediately comply with all such requests. RFP 11231 -P Fire Code Inspector Services — City Manager Page 6 of 25 G. SUPERVISION: The Contractor shall provide adequate and competent supervision for its employees, agents, and subcontractors at all times during the performance of the Contract. The Contractor or its designated representative shall be readily available to meet with the City personnel. The Contractor shall provide the telephone numbers and email addresses where its representative(s) can be reached. H. CUSTOMER DISPUTES The Contractor shall immediately address customer disputes of investigative findings. The Contractor shall document all customer disputes of findings and their resolution in the City's computer system or other approved data collection system within two days of the incident. The Contractor shall report the number of incidents to the City on a monthly basis. If a customer protests the Contractor's resolution and /or becomes uncooperative, the Contractor shall immediately contact the City's Enforcement Official for assistance. I. PERFORMANCE EVALUATION MEETINGS: The Contractor shall be readily available to meet with representatives of the City weekly during the first month of the Contract and as often as necessary thereafter for the purpose of evaluating the Contractor's performance on the Contract. A mutual effort will be made to resolve any and all performance problems identified at these meetings. J. QUALITY ASSURANCE SURVEILLANCE PLAN: The City will be responsible for developing the Quality Assurance Surveillance Plan (QASP). The QASP describes the process by which the City will monitor the Contractor and assess the Contractor's performance. The QASP details several methods for quality assurance as well as the frequency for conducting quality reviews The Contractor shall cooperate with the .City and all its QASP efforts. The City will review the QASP annually for continued appropriateness and will update the QASP as needed to reflect the best practices in quality assurance and current realities within the City. K. PERSONNEL CERTIFICATION AND TRAINING: The Contractor shall conduct, at its own expense, complete initial and ongoing, comprehensive training for all of its employees. Personnel training shall include, but not be limited to, initial safety training, personal protective equipment training, emergency response training, and hazardous materials training where applicable. The Contractor shall train employees regarding the requirements of the Scope of Services and the Management and Operations Plan before commencing operations. L. SAFETY POLICIES AND PROCEDURES: The Contractor must have appropriate safety policies and procedures in place at all times to protect the public, its employees, City personnel, and all others. RFP 11231 -P Fire Code Inspector Services — City Manager Page 7 of 25 M. BACKGROUND CHECKS: All Contractor personnel shall pass a WATCH background check. Background checks will be conducted by the Contractor, at no cost to the City. Background checks from other sources are not acceptable. Current City employees who have previously undergone a City background check shall not be required to be re- checked. All Contractor and sub- contractor employees working on this Contract must be clear of any sexual and drug related convictions. All Contractor and sub - contractor employees shall be free from any felony convictions. N. DRUG -FREE WORKPLACE: a) Drug -Free Workplace The Contractor agrees to comply with the City's Drug -Free Workplace requirements set forth in the City Substance Abuse Policy: PER 600 adopted by City of Yakima and incorporated into this Agreement by reference (Attachment A). The Contractor shall certify to the City that it will provide a drug -free workplace by submitting a Contractor Certification for a Drug -Free Workplace substantially in the form provided in Attachment B. b) Contractor's Notice to Employees The Contractor shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of the prohibition. c) Drug -Free Awareness Program The Contractor shall establish a drug -free awareness program to inform employees about all of the following: • The dangers of drug abuse in the work place • The policy of maintaining a drug -free work place • Available drug counseling, rehabilitation and employee assistance programs • The penalties that may be imposed upon employees for drug abuse violations d) Posting the Statement In addition, the Contractor shall post the drug -free policy in a prominent place. e) Subcontractor's Agreements The Contractor further certifies that each contract for subcontractor services for this Agreement shall contain language that binds the subcontractor to comply with the provisions of this Section of this Agreement. O. LICENSES AND PERMITS: The Contractor shall, without additional expense to the City, be responsible for obtaining any necessary licenses, permits, certifications, accreditations, fees and approvals for complying with any federal, state, county, municipal, and other laws, codes, and regulations applicable to the performance of the Scope of Services or to the products provided under this Contract including, but not limited to, any laws or regulations requiring the use of licensed Contractors to perform parts of the work. Successful Contractor shall have a valid and current business license per Chapter 5.02 Section 5.02.010 of the Yakima Municipal Code covering this type of business and shall satisfy all applicable City Code provisions. Said license shall be obtained prior to the award of any contract. Inquiries as to fees, etc., should be made to the Office of Code Administration, telephone (509) 575 -6121. RFP 11231 -P Fire Code Inspector Services — City Manager Page 8 of 25 P. FIRST PREFERENCE IN HIRING: If needed, the Contractor must give first preference in hiring to displaced City employees through recruiting, interviewing, and considering City employees for available positions provided that: a) A City employee meets the Contractor's minimum qualifications for the position, b) The particular circumstances of the service allow for it; and c) To the extent permitted by law. Q. CONFIDENTIALITY OF SERVICES: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the City or acquired by the Contractor in performance of this Contract, except upon the prior written consent of the City Attorney or an order entered by a court after having acquired jurisdiction over the City. Contractor shall immediately give to the City notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the City, its officials, agents or employees from all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. . R. OWNERSHIP OF ITEMS PRODUCED: All writings, programs, data, public records or other materials prepared by the Contractor and /or its consultants or subcontractors, in connection to the performance of this Contract shall be the sole and absolute property of the City. S. UNAUTHORIZED RELEASE OF IMAGES, DATA, DOCUMENTATION. The unauthorized release of images, data, and documentation is strictly prohibited. All material provided by the City, as well as all material generated by the Contractor under the Contract, is for the sole use of the City or the Contractor's use in providing the Scope of Services to the City. T. IT SECURITY: Contractor shall not use City's computer system for any purposes other than the performance of the Scope of Services under this Contract. Access to City computer systems is permitted for authorized users only. Unauthorized or inappropriate use is subject to City corrective actions which may include civil and criminal penalties under State, federal, or other applicable domestic or foreign laws. System users should have no expectation of privacy as to any information or files transmitted, received or stored on or through City computer systems. Use of the City's computer system may be monitored and recorded for operational, administrative or security reasons. Anyone accessing or using this system expressly consents to this monitoring and you are advised that if such monitoring reveals evidence of potential unlawful or criminal activity, such information may be provided to the appropriate law enforcement agency. Contractors, including their direct employees, partners, subcontractors, agents, representatives, and other staff, are responsible for protecting the City's computer systems and City data by following all applicable information security policies and procedures, and all Applicable Law. The City will provide Contractor sufficient advance notice of any specific information security requirements not included herein that may become effective or implemented in the future. RFP 11231 -P Fire Code Inspector Services —City Manager Page 9 of 25 U. AVAILABILITY OF RECORDS AND RETENTION SCHEDULE. a) Maintenance of Records The Contractor shall prepare and maintain accurate, complete and timely accounting, statistical, financial, and other records related to the Scope of Services and the other obligations under this Agreement as are customary in the industry and as are necessary to fully and comprehensively develop the records, financial information, statistical information, data, reports, invoices, and statements required under this Contract and by Applicable Law, and shall keep such records for a minimum of six (6) years after termination or expiration of this Agreement. b) Federal. State and Local Reporting Compliance The Contractor shall timely provide such financial and performance information as required by the City to comply with all federal, State, and local law reporting requirements. V. NON - DISCRIMINATION: During the performance of this Agreement, Contractor shall not discriminate in violation of any applicable federal, state and /or local law or regulation on the basis of race, color, sex, religion, national origin, creed, age, rnarital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, •political affiliation, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. W. THE AMERICANS WITH DISABILITIES ACT. With regard to the services to be performed pursuant to this Agreement, Contractor agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations, and Washington State's anti - discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. RFP 11231 -P Fire Code Inspector Services — City Manager Page 10 of 25 IV. GENERAL TERMS AND CONDITIONS A. TERM: The period of this contract shall be for a period of one (1) year from its effective date. The City may, at its option, extend the contract on a year to year basis for up to four (4) additional one -year terms, provided, however, that either party may at any time during the life of this contract, or any extension thereof, terminate this contract by giving thirty (30) days notice in writing to the other party of its intention to cancel. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew. B DELEGATION OF PROFESSIONAL SERVICES: The services provided for herein shall be performed by the awarded Contractor, and no person other than regular associates or employees of the Contractor shall be engaged upon such work or services except upon written approval of the RFP Coordinator and /or City. C. RELATIONSHIP BETWEEN CITY AND CONTRACTOR. The Contractor and any authorized subcontractors shall at all times be an independent Contractor and not an agent or representative of the City with regard to performance of the Services. The Contractor shall not represent that it is, or hold itself out as, an agent or representative of the City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of the City. D. METHOD OF PAYMENT: The Contractor shall be paid monthly in arrears for services performed under this Contract. The Contractor shall submit a monthly invoice no later than the 20th day of the month following the month in which the invoiced services were performed. The invoice shall state the number of inspections completed during the invoiced month. The amount of the invoice shall be for one - twelfth of the annual Contract Amount for the current Contract year. E. CONTRACT CHANGES. The Contract Administrator for the Scope of Services under the Contract is the City of Yakima Fire Chief or designee. The. Contract Administrator will provide daily oversight of this Contract to ensure compliance. The City Manager shall be responsible for all contractual matters and is the only individual authorized to make changes of any kind to the Contract. The Contractor shall not rely upon any oral change from anyone, or a written request for change from someone else other than the City Manager. All changes must be in writing, and duly signed by the City Manager. F. NOTICE TO CURE DEFAULT: The City will issue a written notice to cure the default to the Contractor. The Contractor shall commence satisfactory corrective action within 24 hours after receipt of the notice. If the default is not cured within 24 hours after receipt of written notice from the City, the City will consider the Contractor in default; provided that, if the nature of the default is such that it will reasonably tape more than 24 hours to cure, the City will not consider the Contractor in default so long as the Contractor promptly commences the cure and diligently continues satisfactory and timely completion of the cure but, if the Contractor fails to promptly commence or diligently continue satisfactory and timely completion of the cure, the Contractor will be in default; further provided that neither notice nor an opportunity to cure applies to events determined, in the City's sole opinion, to endanger the public health, safety or welfare. RFP 11231 -P Fire Code Inspector Services — City Manager Page 11 of 25 G. TERMINATION FOR DEFAULT: If the Contractor defaults by failing to perform any of the obligations of the Contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the City may, by depositing written notice to the Contractor in the U.S. mail, postage prepaid, terminate the Contract, and at the City's option, obtain performance of the work elsewhere. If the Contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the Contract until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. H. TERMINATION FOR PUBLIC CONVENIENCE: The City may terminate the Contract in whole or in part whenever the City determines, in its sole discretion that such termination is in the interests of the City. Whenever the Contract is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit Contract prices for completed items of work. An equitable adjustment in the Contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Contract by the City at any time during the term, whether for default or convenience, shall not constitute a breach of Contract by the City. I. AVAILABILITY OF FUNDS: Multi -year Contracts are subject to annual appropriation of funds by the City Council. The Contractor understands and agrees that work and compensation under this Contract is contingent on the City Council appropriating funding for and authorizing such work and compensation. In the event sufficient funds are not duly appropriated and authorized for a subsequent fiscal year, the Contract may be terminated at the end of the then current fiscal year. The City is not obligated to pay the Contractor for any amounts not duly appropriated and authorized by the City Council. In the event of termination or reduction of services, the Contractor shall be compensated in accordance with auditable costs for services provided prior to notification of termination. J. VENUE. In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the Agreement, the venue of such action of litigation shall be in the Courts of the State of Washington in and for the City of Yakima. This Agreement shall be governed by the laws of the State of Washington. K. HOLD-HARMLESS: The Contractor shall, and hereby agrees to, release, save, otherwise hold harmless and indemnify the City of Yakima from claims, demands, damages, actions, causes of actions or other liability, injury, or harm caused by act or omissions, foreseen or unforeseen, negligent or otherwise, that would otherwise befall said City arising out of the Contractor's implementation of the terms of this contract. RFP 11231 -P Fire Code Inspector Services — City Manager Page 12 of 25 L. INDEMNITY /CONTRACTOR'S LIABILITY INSURANCE. a) The Contractor agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in- connection with the performance or any service hereunder. b) The Contractor shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c) Contractors Liability Insurance: The Contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Washington. The insurance companies must carry a Best's Rating of A- VII or better. At all times during the life of this contract, Contractor agrees to maintain, on a primary and non - contributory basis and at its sole expense, the insurance coverages, limits, and endorsements noted below. All such insurance shall not be subject to any deductible or self- insured retention (SIR). There shall be no cancellation, material change, reduction in limits or intent not to renew the insurance coverage(s) without 30 days written notice from the contractor or its insurer(s) to City of Yakima. The requirements contained herein, as well as City of Yakima review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: $1,000,000 per Occurrence $2,000,000 Annual Aggregate The City of Yakima, its agents, employees, authorized volunteers; elected and appointed officials are included as Primary/Non- Contributory additional insureds. The Contractors' insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this agreement. Any insurance, self- insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute to it. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the Purchasing Agent, prior to commencement of this work. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. The contractor shall also maintain workers compensation through the State of Washington. d) Contractor's Waiver of Employer's Immunity under Title 51 RCW. Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in section A. shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold harmless obligations set forth above in RFP 11231 -P Fire Code Inspector Services — City Manager Page 13 of 25 section A, Contractor specifically waives any immunity granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the City /County and its officers, employees, agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement to comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought their respective employees. The provisions of this section shall survive the expiration or termination of this Agreement. e) Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. M. PROFESSIONAL LIABILITY INSURANCE. Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the City of Yakima, its appointed and elective officers and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the City of Yakima, its elected or appointed officials or employees for damages, whether such damage is due to the negligence, or errors or omissions of the Contractor, his /her subcontractors, its successor or assigns, or its or their agent, servants, or employees, It is further provided that no liability shall attach to the City of Yakima by reason of entering into this Contract, except as expressly provided herein. Professional Liability: The Contractor shall provide evidence of Professional Liability insurance covering professional errors and omissions. Such policy must provide the following minimum limits: $1,000,000 per Claim If insurance is on a claims -made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. Errors and Omissions (E &O) insurance is also acceptable with the same limits of coverage RFP 11231 -P Fire Code Inspector Services — City Manager Page 14 of 25 V. ADDITIONAL PROVISIONS AND INFORMATION. A. RESERVATION: The City reserves the right to award the contract to the applicant that it deems to offer the best overall qualifications /proposal in its sole discretion. The City reserves the right to revise the RFP schedule, to revise the RFP and /or to issue amendments to the RFP. The City also reserves the right to cancel or to reissue the RFP in whole or in part prior to the execution of a contract. The City also reserves the right to refrain from contracting with any and all proposers. The release of the RFP does not compel the City to enter into any contract pursuant to the RFP. The City reserves the right to correct obvious ambiguities and errors in the Proposer's proposal packet and to waive non - material irregularities and /or omissions. B. WITHDRAWAL /SUPPLEMENT OF PROPOSALS: Applicants may withdraw or supplement their responses at any time prior to the response closing date and time. To accomplish this, a written request signed by an authorized representative of the proposer must be submitted to the RFP Coordinator. C. APPLICANT'S COST TO DEVELOP PROPOSAL: Costs for developing proposal packets in response to the RFP are entirely the obligation of the Proposer and shall not be chargeable in any manner to the City. D. PROPOSER QUESTIONS: Any Proposer contemplating submitting an RFP who is uncertain as to the intended meaning of any part of the RFP or other contract documents, or who finds discrepancies in or omissions from the RFP may request interpretation, clarification, or correction of this RFP. Such request must be in writing and must be delivered to the RFP Coordinator by mail, e-mail, or hand delivery not later than five (5) calendar days before the deadline for delivery of RFP. The person submitting the request is responsible for its timely delivery. Any interpretation or correction of the RFP will be made only by written addendum and will be mailed or delivered to each person receiving this RFP, in addition to being posted on the City Purchasing webpage. Any information given to any applicant concerning the solicitation or any changes to the RFP shall be provided in writing to all applicants to ensure that all applicants receive the same information relating to the RFP. The City will not be responsible for any other interpretation, clarification, or correction of this RFP. Proposers must acknowledge receipt of any addenda received in their response by either statinq they received the addenda, or returning said addenda with their response. Each applicant should verify that it has received all addenda to this RFP by direct inquiry to the City Contact Person before submitting proposals. E. CLARIFICATION OF RESPONSES: As part of the evaluation process, and at the discretion of the RFP Coordinator, proposers may be asked to clarify specific points in their respective responses. The RFP Coordinator reserves the right to request short- listed Proposers to provide additional presentations to the Evaluation Committee. Whether there will be presentations and who will be invited to make a presentation to the Evaluation Committee will be at the sole discretion of the City. RFP 11231 -P Fire Code Inspector Services — City Manager Page 15 of 25 F. PROPRIETARY MATERIAL SUBMITTED: Any information contained in the RFP submitted that is proprietary must be clearly designated. Marking the entire proposal as proprietary will be neither accepted nor honored. If a request is made to view a Proposer's submittal, the City of Yakima will comply according to the Open Public Records Act, Chapter 42.17 RCW. If any information is marked as proprietary in the proposal, such 'information will not be made available until the affected proposer has been given an opportunity to seek a court injunction against the requested disclosure. G. PUBLIC DISCLOSURE: Proposals shall become the property of the City. All proposals shall be deemed a public record as defined in RCW 42.56 "Public Records." Any proposal containing language which copyrights the proposal, declares the entire proposal to be confidential, declares that the document is the exclusive property of the Proposer, or is any way contrary to state public disclosure laws or this RFP will be declared non responsive and removed from consideration.' Any information in the proposal that the successful Proposer desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56 must be clearly designated as described in Section Proprietary Information. The particular exception from disclosure upon which the Proposer is making the claim and the RFP page it is found on must be identified. RFP's will not be disclosed prior to release to potential respondents. With the exception of lists of prospective Proposers, the City will not disclose RFP records until execution of the contract(s). At that time, all information about the competitive procurement will be available with the exception of: Proprietary/confidential portion(s) of the successful proposal(s), until the Proposer has an adequate opportunity to seek a court order preventing disclosure. The City will consider a Proposer's request for exemption from disclosure; however, the City will make a decision predicated upon RCW 42.56. H. PROTEST PROCEDURE: Any protest must be made in writing, signed by the protestor, and state that the Applicant is submitting a formal protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, faxed to 509 - 576 -6394 or emailed to sownby @ci.yakima.wa.us. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests before award shall be filed five (5) days before the solicitation due date, and protests after the award shall be filed five (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the Applicant: Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the City Purchasing Manager shall issue a decision. This decision shall be delivered in writing to the protesting Applicant. Step II: If unresolved, within three (3) business days after receipt, the protest may be appealed to the Department Head by the Purchasing Manager. Step III If still unresolved, within three (3) business days after receipt, the protest may be appealed to the City Manager (or his designee). The City Manager shall make a determination in writing to the Applicant. Grounds for Protest Only protests stipulating an issue of fact concerning the following subjects shall be considered: A matter of bias, discrimination, conflict of interest; Solicitation unduly constrains competition or contains inadequate or improper criteria; Errors in computing score; Non - compliance with procedures described in the solicitation or City Policy. RFP 11231 -P Fire Code Inspector Services —City Manager Page 16 of 25 Protest Determination Each review and determination of the protest shall issue a decision that either - Finds the protest lacking in merit and upholds the award, or Finds only technical or harmless errors in the acquisition process and determines the City to be in substantial compliance and therefore reject the protest; or Finds merit in the protest and provides options for correction, including, but not limited to, correcting the errors and re- evaluating the bids, reissuing the bid to begin a new process, or entering in to a contract that remedies the protest finding; or Makes other findings and determines other courses of action as appropriate. Timeframe Only protests and complaints received within the required timeframe for protest action are accepted for consideration. Award Announcement Purchasing shall announce the successful proposer via City Website, e-mail, fax, regular mail, or by any other appropriate means. Once the announcement is released by Purchasing, the protest time frame begins. The timeframe is not based upon when the Applicant received the information, but rather when the announcement is issued by Purchasing. Though every effort will be made by Purchasing to distribute the announcement to the interested Applicants, Purchasing is not responsible to assure that Applicants receive the announcement. It is the responsibility of the Applicants to obtain the announcement from Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies' The supplies or services to be contracted for are urgently required; Delivery or performance will be unduly delayed by failure to make award promptly; A prompt award will otherwise be advantageous to the City. If the award is made, the file must be documented to explain the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. RFP 11231 -P Fire Code Inspector Services — City Manager Page 17 of 25 VI. ANALYSIS BY EVALUATION COMMITTEE: All Proposal Packets will be screened to determine whether the minimum requirements of the RFP are met. The Evaluation Committee will then evaluate those proposals, which meet the minimum RFP requirements. Each responsive proposal will be rated on a point system with the top- scoring Proposer selected to enter into a contract for services. A. PROPOSAL EVALUATION CRITERIA: The following are the criteria, which will be used in the selection of applicants. A maximum score of 100 points will be used by each evaluator to score applicants. Each of the following elements shall have the stated maximum point value: B. POST EVALUATION EVENTS AND AWARD: The RFP Coordinator will mail or e-mail written notices to all Proposers who submitted packets, informing them of their status. The successful Proposer will be offered the opportunity to enter into an Agreement with the City of Yakima to provide services. A sample Agreement is attached at the end of this RFP document (Attachment A). The City reserves the right to negotiate any element of this RFP and resulting Agreement, if it is determined to be in the best interest of the City. If an Agreement cannot be reached, the City reserves the right to enter into an Agreement with the next highest ranked Proposer. RFP 11231 -P Fire Code Inspector Services —City Manager Page IS of 25 ' • Points , (1) Capabilities: insurance and bonding requirements, 20 performance bond, sufficient staff levels, management and operations plans & quality control p rocedures, no litigation or 'ud ments, etc. (2) Relevant Experience /Key Personnel Experience & 20 Training: certifications, years providing this service, defaults on past contracts, references 3 Lump Sum Annual Cost to City 60 TOTAL 100 B. POST EVALUATION EVENTS AND AWARD: The RFP Coordinator will mail or e-mail written notices to all Proposers who submitted packets, informing them of their status. The successful Proposer will be offered the opportunity to enter into an Agreement with the City of Yakima to provide services. A sample Agreement is attached at the end of this RFP document (Attachment A). The City reserves the right to negotiate any element of this RFP and resulting Agreement, if it is determined to be in the best interest of the City. If an Agreement cannot be reached, the City reserves the right to enter into an Agreement with the next highest ranked Proposer. RFP 11231 -P Fire Code Inspector Services —City Manager Page IS of 25 VII. PROPOSAL DOCUMENTS AND SUBMITTALS Proposal Requirements. The submitted Proposal should be prepared simply, providing a straightforward, concise delineation of the approach and capabilities necessary to satisfy the requirements of the RFP. After review of the specifications contained herein, Proposers must follow the Proposal format below and include the following submittals in their Proposal Packet: • Annual Price Schedule. (page 21) • Signature Sheet (page 23) • E- verify Declaration (page 24) • Experience and Qualifications - o Explain the qualifications your firm has to complete the Scope of Services. o Describe your firm's experience in planning and coordinating similar efforts. o Key Personnel: Explain the qualifications that the Inspectors who will be assigned to this rp olect have and include resumes with biography. Attach copies of certifications. ■ Except as formally approved by the City, the key personnel identified in the Contractor's Proposal shall be the individuals who will actually oversee performance of the Contract, at the proposed level of effort. During the Contract term, changes in key personnel staffing must be proposed in writing to, and be approved in advance by, the City. Subcontractor Duties: o If a subcontractor(s) will be used to assist the'Proposer in performance of the Scope of Work, the Proposer shall provide, with their proposal packet, a list of duties that the Proposer intends to hire out. It is understood, that if a subcontractor is used, the subcontractor shall be hired by the awarded Contractor and shall not be considered an employee of the City. Company Overview and History: • Provide a company overview and history • Confirm that your company maintains an adequate level of liability insurance consistent with the thresholds and requirements contained herein • Provide a financial report to confirm your company has adequate financial resources to provide the requested services As part of this, any prior financial defaults or bankruptcies must be disclosed • Disclose any pending litigation or judgments against your company Management and Operations Plan • Describe your work plan for providing the required services • Describe your employee training and certification programs • Describe your employee safety training program and attach company policies and procedures if available • Attach signed Contractor Certification for a Drug -Free Workplace (Attachment 8) • Attach a copy of your Company's equal employment opportunity policy and confirm that your company will comply with all applicable employment and labor laws • Provide detailed information on how the various types of customer disputes of investigative findings will be resolved. RFP 11231-P Fire Code Inspector Services —City Manager Page 19 of 25 • Heath Care Benefits: Proposers shall provide information regarding health care benefits they may or may not provide. Information will include the following: • Whether a health care benefit is provided; • If health care benefits are provided, what percentage is employee contributed; • What percentage is contributed by the Proposer; and • What percentage is the Proposer's health benefit contribution of Contractor's total salary and benefits? Transition and Implementation Plan. o Each Proposer shall provide a detailed Transition and Implementation Plan describing Proposer's approach and timeline for fully implementing their proposed organization and equipment to meet the requirements in the Scope of Services. Transition and Implementation Plan shall include strategies for: recruiting and training personnel, procuring equipment, purchasing supplies and materials, developing standard operating procedures, and assuming the full responsibility of the Contract while minimizing service disruptions. Quality Control Plan: o Each Proposer shall submit a Quality Control Plan (QCP) that will define how they will conduct quality control internally based on the Scope of Services and performance standards required under the Contract. The QCP must be reviewed and pre- approved by the City. The City reserves the right to require changes to the QCP. The Contractor shall comply with the -City- approved QCP and shall provide the City with access to all necessary documentation in order to audit any aspect of the QCP within ten (10) days of the City's request and at a location within the County of Yakima. The Contractor shall also provide the City with any information it needs in -preparing its Quality Assurance Surveillance Plan, described on page seven (7). References: o The Proposer will provide references from three customers for which they are successfully providing services of similar scope and size. References shall include the name of the firm or entity, contact person and title, address, telephone number and e- mail address, and a brief description of service provided. The Proposer shall grant permission to the City to contact the references. The City may evaluate references at the City's discretion. • Additional Services: o Any additional services or procedures of benefit to the .City not specifically required in the RFP, but which the Proposer offers to provide, may be outlined on a separate sheet of paper and included with the proposal form. RFP 11231 -P Fire Code Inspector Services —City Manager Page 20 of 25 ANNUAL PRICE SCHEDULE RFP 11231 -P If a Proposer anticipates costs will increase or decrease during the Contract Term, those expectations should be built into the prices proposed below for the appropriate Contract year. No additional escalation factor will be allowed. Proposers may increase or decrease but year prices bid in the Price Schedule to reflect anticipated cost increases or decreases, which will be included in the Contract Amount. Proposers should provide attached worksheets, which include a breakdown of labor, equipment, facilities, fuel, materials, tools, supplies, utilities, and any other costs used in determining their pricing, as appropriate. Blanks on the Price Schedule page(s) will be interpreted as zero (0) and no price will be allowed. The undersigned hereby certifies that the attached Request for Proposals specifications have been carefully read for the City of Yakima Fire Code Inspection Services and submits for your consideration the following pricing proposal and required documentation: Fire Code Inspection Services for an estimated 4,000 (plus or minus) business occupancies as outlined in this RFP. Lump Sum: Sales Tax @ 8.2% TOTAL PROPOSAL Lump Sum: Sales Tax @ 8.2% TOTAL PROPOSAL Lump Sum: Sales Tax @ 8.2% TOTAL PROPOSAL Service Year 2013 Service Year 2014 Service Year 2017 R $ RFP 11231 -P Fire Code Inspector Services — City Manager Page 21 of 25 Service Year 2015 Service Year 2016 Service Year 2017 R $ RFP 11231 -P Fire Code Inspector Services — City Manager Page 21 of 25 NON - COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. RFP 11231 -P Fire Code Inspector Services — City Manager Page 22 of 25 SIGNATURE SHEET RFP No. 11231 -P The proposer is hereby advised that by signing this signature sheet he /she is deemed to have acknowledged all requirements contained herein, including the delivery schedule requirements. PROMPT PAYMENT DISCOUNT TERMS OFFERED % "Receipt is hereby acknowledged of addendum(s) No. (s) & SIGNATURE OF AUTHORIZED OFFICIAL(S) Firm Name Address Sign Name O 5`GaE Print Name QaoQo Date Signed Phone Number Fax Number E -Mail Address City of Yakima Business License # UBI # DUNS# RFP 1123 1 -P Fire Code Inspector Services — City Manager Page 23 of 25 E12 r.5 `# -' - 8 �-fs' K t �. -Y°�n +rt- °'s' ri rte^ —"...j r r s ,'r { `"-vs- - ` 's" N' I E C � on 1ancm zatotn Act IL qi -'�:. .R�n �.�^ a_Ux�'_ �u4 .������� -�w :. e - '�;r.,v.;; k�3 -S$�r.." � .?24"x`- 'tdt'' x '� ✓:�'�. Ate- � -N -.. 'c �'�'i.F; -,.4� II (Form to be turned in with Proposal Packet) The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E- Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E- Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E- Verify Declaration below. Failure to do so may be cause for rejection of bid. E- VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. 1 agree to enroll in E- Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E- Verify for all newly hired employees during the length of the contract. 3. 1 certify that I am duly authorized to sign this declaration on behalf of my company. 4. 1 acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E- Verify program at any time and that non - compliance could lead to suspension of this contract. Firm Name- Dated this . day of , 20 Signature: _ Printed Name. Address: Phone #- Email Address. RFP 11231 -P Fire Code Inspector Services —City Manager Page 24 of 25 ATTACHMENT A — CITY OF YAKIMA SUBSTANCE ABUSE POLICY- PER 600 ATTACHMENT B - CONTRACTOR CERTIFICATION FOR A DRUG -FREE WORKPLACE ATTACHMENT C — INSPECTION FORM ATTACHMENT D — SAMPLE AGREEMENT ATTACHMENT E — PARTS I & II - SAMPLE CERTIFICATES OF INSURANCE ATTACHMENT F — OCCUPANCY REGISTER 11/08/2012 RFP 11231 -P Fire Code.Inspector Services — City Manager Page 25 of 25 ANNUAL PRICE SCHEDULE RFP 11231 -P If a Proposer anticipates costs will increase or decrease during the Contract Term, those expectations should be built into the prices proposed below for the appropriate Contract year No .ac(ditional escalation factor will be allowed, Proposers may increase or decrease out year prices bid in the Price Schedule to reflect anticipated cost increases or decreasesi which will be Included in the Contract Amount. Proposers should provide attached worksheets, which include a breakdown of labor, equipment, facilities, fuel, materials, tools, supplies, utilities, and any other costs used in determining their pricing, PS appropriate. Blanks on the Price Schedule page(s) will be interpreted as zero (0) and no price will be allowed. The undersigned hereby certifies that the attached Request for Proposals specifications have been carefully read for the. City of Yakima Fire Code Inspection Services and submits for your consideration the following pricing proposal and required documentation: Fire Cade Inspection Services for an estimated 4,000 (plus or minus) business occupancies as outlined in this RFP., Service Year 2013 Service Year 2014 Lump Sum: 3.0 72,7 Sales Tax Qa 8.2% $ 'TOTAL PROPOSAL $ / 715 1 / I, 0 $, 192 2 72. 7 I Service Year2015 Service Year 2016 Lump Sum: s zg�' 6.93, 87 Sales Tax @ 8.2% $ TOTAL PROPOSAL $ /89 593. & 7 $ 126,2-'?'1. ?7 Service Year 2017 Lurxip Sum: Za Sales Tax @ 8.2% $ N A TOTAL PROPOSAL $ 177 461 29 REP 11231 -P Fire Code 1'nspedor Services -- City Manager Page 21' of 25 Fire Inspection Budget $ 175,911.30 $ 1.82,972.71 $ 189,593.87 $ 196,299.87 $ 197,468.28 2013 2014 2015 2016' 2017 Salaries $ 103,311.60 $ 107,,584.34 $ 112,311.26 $ 117,073.70 $ 117,073.70 Deferred Comp Overtime $ 101000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SSI $ 7,911.72 $ 8;23020 $ 8,591.81 $ 8,056.14 $ 8,956.14 PERS $ 8,47 -1.58 $ 9,887.00 $ 10,321.41 $ 10,760.07 $ 10,759.07 Indust. Ins $ 4,364.88 $ 4,365.00 $ 4,365:00 $ 4,365:00 $ 4,366.00 Life Insurance $ 511.20 $ 511.20 $ 511.20 $ 511.20 $ 511.20 Medical Insurance $ 25,967.76 $ 27,006.47' $ 28,086.73 $ 29,210.20 $ 30,378.61 Dental Insurance $ 2,179.68 $ 2,179.68 $ 2,179.68 $ 2,179.68 $ 2,179.68 Unemployment $ 392.88 $ 408.82 $ 426.78 $ 444:,88 $ 4.44.88 Uniforms /Clothing $ 400.00 $ 400'.00 $ 400.00 $ 400.00 $ 400.00 11x1 & O $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000:00 $ 1,000.00 Vehicle Replacement. $ 600.00 $ 1,000,00 $ 1,600.00 $ 1,600.00 $ 1,600.00 Oper. Supplies - Fuel $ 3,000.00 $. 3,000.00 $ 8,000.00 $, 3,000.00 $ 3,000.00 Small Tools Minor Eq. $ 2,000.00 $ 1,000.00 $ 1.,000.0,0 $ 1;00.0.00 $ 1,000.00 Professional Services $ 800.00 $ 800:00 $ 800.00 $ 800.00 $. 800.00 Cell Phone $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 Training $ 2,000.00 $ 2;000:00 $ 2,000,OQ $ 2,000.00 $ 2,00000 Misc. Expense $ 2,000.0.0 $ 2,000.00 $ 2,000.00 $. 2,000.00 $ 2,000.00 $ 175,911.30 $ 1.82,972.71 $ 189,593.87 $ 196,299.87 $ 197,468.28 SIGNATURE SHEET RFP No. 11231-P The proposer is hereby advised that by signing this signature sheet he/she is deemed to have ;kkn6wledg6d MI requirements contained herein; including the delivery Schedule requirements; PROMPT PAYMENT DISCOUNT TERMS OFFERED 0" % tJ "Receipt is hereby acknowledged of addendum(s) No. (s) �• & 10 .00 SIGNATURE OF AUTHORIZED OFFICIAL(S) q0k. M.0- Firm Naine Acl&bss L a � "06 A �r-t) n--T. C�trs'd M Sign Name. Print Nam; Dtc- Date Signed L7 7_ Phone Number 50�— 5 76 (o 3 54 Fax Number .wq e-Ti c 4 W& E-Wail Address A11,4' City bi''Yakima Business License # 3�7- 00,52- 7 2 LIBI # 0781 -« & 6 / DUNS# RFP 112-11-?Fire Cade Inspeour Services —City Manager Page 23 of 25 4dEE�e�� l (F&M W be turned in with Proposal Padket), The City of *Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E- Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E- Verify will be used for newly hired employees during the term of the contract ONLY- it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E- Verify Declaration below. Failure to do so may be cause for rejection of bid. R,-yF ;RIFV C ON PI.IANCEIDECGkR-;kTl0 The undersigned declares, under penalty of perjury under the laws of Washington State that. 1. By submitting this Declaration, I certify that l do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. 1 agree to enroll in E- Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E- Verify for all newly hired employees during the length of the contract. 3. 1 certify that I am duly authorized to sign this declaration on behalf of my company. 4. 1 acknowledge that the.City of Yakima reserves the right.to require . evidence of enrollment ol'the E- Verify. program at anytime and that non = compliance could lead,-to suspension of this contract. Firm Name: r -L Dated lhis' day of e C 6 e( 20 [ . Signature: sv, ' -P Printed Name: M"& `<� o ll -C_ Address: 7�(J rt!0('�d✓t! �� t°G Phone # 5�9. 5��;. ?° '~% Email Address: 54 Ftl 611 t� G (: '0.,r wry. , RFP 11231 -P Fire Code Inspector Services- City Manager Pure 24 of 25 PROPOSAL FOR INSPECTOR SERVICES FOR BUSINESS OCCUPANCIES LOCATED WITHIN CITY LIMITS Rcquest for Proposals No. 11231 -P SUBMITTED BY: Yakima Fire Department 401 North Front Street Yakima, WA 98901 Table of Contents Page Executive: Summnt-y 3 Experience and QuaIifcations 3 Key Personnel 3 Subcontractor Duties 4 Company Overview and flistory 4 Managentenl and Operations Plan 4 Heath Care Benefits 5 Transition and Implementation Plan 5 Quality Control Plan 5 References 6 Additional Services 6 2 Executive Stuumary A fire & life safety inspection program is one of the most important services a fire department can and should provide. The city council approved a reorganization assigning the .program under the purview of the fire department and funded in the 2013 budget. Conducting inspections prevents fires which produce damage,to buildings, lo's's income to business owners, unemployment, potential_ uijury to fire personnel, andloss revenue to the city. For many years the fire department conducted inspections through its fire marshal's division. Although some time has passed, the reassitnunent of the fire inspection progran.by the city cotiticil into the fire department' was for the right -reasons. We belic\,c we have the experience and knowledge to pertarim the service as outlined in the scope of work better than any other public or private entity. Experience and Qualifications The: City of Yakima has pruvuied fire and life safety inspections many years dating hack to the 1.970s-wlien the Yakima Fire Department had 4 personnel dedicated to providiiig,this service -to the cominunity. Fire and life safety inspections were later conducted by the Codes Administration department until 2011 when due to budget reductions the last fire inspector was cluiiitiated. Kev Personnel Although fire prevention is the responsibility of all department members, three personnel will make tip the fire inspection division. TheywilI consist of the Deputy Chief of Support Services who will be responsible for the implementaLion and ongoing, operation of the program and two inspectors who -will complete the fire &. life safety inspections. An.inspector,. -who was previous•'ly laid off in 201.1, Nvill he offered one of the inspector positions. The second "position will be filled after a recruiting and testing process is conducted by the Human Resource department. The job description used by the code adniinistratioii department to previous years to hire personnel will be the foundation for the to ting process. The primaiy qualifications in that job description are: ✓ Must possess a valid fire code certification for the International. Fire Code Institute, International Conference of Building Officials (ICBO); or WestcrA Fire Chief's Association at the time of application. • Must possess and maintain a valid Washington State Driver's License. • Must possess a First AIdiCPR certificate with six months of appointment. No collies of certifications for inspectors are available at this time as positions have not been filled. 3 Subcontractor Duties No subcontractors are planned for inthis.proposal. Cdinpflny Overvim And History The Yakima Fire Department was established in 1889 and became- a paid department 19{.05. The department has been Imig known to providing a wide range of services of the community in a professional manner including tire and life safety inspection s. At one time. the department employed 5 personnel to provide fire & life safety inspections until 1980 when the responsibilities were transferred to the erodes division ofthe.city. In November 2012, as part of a rcoiganitahotr plan, the Yakima City Councd.approved -re- establishing fire & life safety inspections and directed that those services be provi tied. _by the fire department. The proof of liability insurance consistent v�ith the thresholds and requireirients for; tiie request for proposal is attached. The city of Yakini'a's.2013 annual budget includes funding for the program in� the fi re department's hudaet., There are,iio prior financial defaults,, bankruptcies, or pending litigation or judgments against the fire department-, Mana -ement and Operations Plan: The department's work plan is Wrreiitlti uiider creation -since the reurgni iirtttion was last him-th. It will be presented to the. Fire Chief as part. ofthe approval process outlined iii the RFP. E- hiployyee traming *ill be ongoing including those classes /coutses'eovering,departtitent policies and procedures, how to provide :quality customer services, hardware and softtivare familiarization- to operate and maintain tlic department's records manaccinciit- systerit, and eontiniiing education to recertify for required certifications Attached is Chaptei` Section 32 fr6lb the department's adcilinistrative policies, which. outlines the safety training requirements ;end references.C73apter•296-305 of the Washington Administrative Code (WAC). Chapter 296 -305 ofOe WAC code contains the standards used.hy the department. The rules of that chapter shall apply with respect to any and all activities, oiieration-s and equipment of employers and eniployce;s involved ill providing fire protection serviices which are subject to the pro7visions of the Washin&joa 1ndust6id Siufety and Health Act of 1973 (chapter 49.17 RCW)i The prox isions of this chapter apply to all firefighters and their .work places, including the fire combat scene, 4 The Deputy Chief. of Support Services will be responsible to investigate customers complains and disputes. Resolution would be the result of working with the customer, and employee. Depending on the resolution., operational proeedures will be implehichted to improve services. Heath Care Benefits 1.1ealth care is provided, according to the collective bargauting agreement with the American Federal of State; County, and Municipal F..n-iployees, (AFSC'NIE) which includes general health, . dental, and vision care. The-collective bargaining ageement is attached. Abbui 17% or S28,147 of the total salary and benefits funds are for health heiefits. 1'ransitiou and Implementation Plan: The fire department will begin 20.13 with the hiring hack of one employee whose position was climinateddue to budget reductions in 2011. Simultaneously, we will begin the process to hire one additional cinployee to fill a second position. This process will be conducted by the Human Resources department of the city. After both positions are filled. training will begin on the department's web based record management system that tracks and kecps.record of all.inspcetions performed. Training will also include other city programs as they relate to driver training, depailinent policies and procedures, safety; the tracking time sheets;. etc. Computer tablets will he purchased help assist with the web hdsed record management system with a goal of reducing costs by going paperless., This program will also reduce the amount of cif lice time as 1n.";pCct1oh results, can be e- mailed or printed out:at tlic business site improving services and red ucingm ailing. and.ofti'ce costs. Supp ties- and.materia'Is- .ill be provided through the department's curt'cdt purchasing system. Transportation. for inspectors will be provided fi•nm vehicles currently in [fie department's fleet:. Once approved, Standard Operating Procedures for the program will be as outlined in the Fire Inspection Manual; Program contract oversight will be the.responsibility of the Deputy Chief for Support Scivices. Quality Control Plan: It is ihiportantto assure that inspections are conducted professionally. Different methods will be used following completed inspections. i> Survey cards will be °'sent. quarterly to biisinpsses that each inspector conducted fire and life safety inspections. r The Deiiuty Chief of Support-Services will conduct site visits. to businesses following inspections to. discuss their experience during the inspection. i� Plione contact Will also be made to reach additional businesses. Negative comments will be investigated and solutions identified to improve services. Muits gathered from the surveys will be complied to create a report that wiII he provided to the Fire C;hief,,City Manager: and City Council. References: The fire department dries not currently provide an inspection program, However we do provide many services which include cinergcney response to fire, medical, high angle; low angle and water rescues. We conduct public education classes in fire prevention classes to the public and school exit drills. In a recent survby conducted by the city, the fire department.reccived an 84% approval rating for services it provides to its citizenry. This was the highest rating received by any city department. We a similar rating will be received-if the department provides fire inspections services. Additional Services; Providing fire & life safety inspections to businesses in the city will create many public education oppurt'iinities. Inspector's Mll provide amiWers to questions related to creating 1 safer work.eirvikomment. This will create safer environments for employees and for citizens who frequent their businesses to purchase goods:andScr viccs. Fire .inspectors will notify fire suppression personnel of deficiencies found after corupleting inspections that may hinder suppression activities. That l:iiowledoc would tic iiscd to suppress fires that might occur until the deficiencies areniil:igsted. Tfus_knowledge witl_;assist personnel in performing their duties when suppressing fire and create a safer work em ironinenrduring emergency operations. Suppression personnel can notify Are inspectionsbfah , life safety issues - discovered during emergency incidents. Fire uispectors would then make-contact with the business owner starting the process to mitigate the deficiency. This ability to coniniuiiicate between divisions,will result in a safer community for all .tnvolvcd. 6' CITY OF )1_ Cc,atrl, ADMINISTRATIVE POLICIES POLICY NUMBER: PER 600 ' DEPARTMENT: Human Resources AUTHORIZED BY: Dick Zais, City Manayer F, Sheryl Smith, HR:Manager EFFECTIVE DATE: i2/1412016 SUPERSEDES: 4411712049 POLICY. StfBSTANCE A -BtiSE The City of Yakima recognizes that employees are its most important resource and that their well-being Js vital. Unfortunately, drug and alcohol abuse has become a major barrier to a healthy, safe and efficient work environment. It shows up in higher accident rates, higher workers' compensation costs, greater absenteeism, and increased health insurance costs. In an effort to overcome drug and alcohol abuse and the corresponding problems, the federal government enacted the Drug Free Workplace Act of 1988; and on February 15, 1994, the United States Department bf Transportation (DOT) acting.through,the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA), promulgated. new drug and alcohol testing�;regulations. These regulations were published as 49 CFR Part 653, Prevention of Prohibited Drug Use In Transit Operations; and 49 "CFR Part 654, Prevention of- Alcohol Misuse in Transit Operations. These regulations were updated on August 1, 2001, and consolidated into one regulation: The new regulation, 49 CFR Part 655, Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations. In addition. the Department of Transportation (DOT) issued 49 CFR Part 40 Procedures for Transportation Workplace Drug and Alcohol Testing Programs, on December 1, 1989, which prescribed testing methods The revised 49 CFR Part 40 was published on December 19, 2000 with an effective date of August 1, 2001. POLICY The City adopts the following substance abuse policy in order to ensure the health, welfare, and safety of its employees, and the citizens whom they serve, and to comply with said federal mandates. The substance abuse policy is divided into two parts. The first part applies to most permanent and temporary City employees. The second part reflects the new FHWA and FTA regulations and applies to all employees whose position requires the possession of a commercial driver's license (CDL) (See Attachment A) and employees performing certain safety - sensitive functions. SCOPE AND APPLICABILITY Drug.and Alcohol Abuse Policy Part I applies to all permanent and temporary employees of the City of Yakima. except those employees,covered under Part II. It is a condition. of employment that all employees abide by the terms.of this policy. Part II applies to every City employee whose position requires the possession of a commercial driver's license (CDL); every City employee performing a "safety- sensitive function" as defined herein, and any person applying for such positions. Drug and Alcohol tests shall be administered in accordance with 49CFR Part 655.49(a). A list of these covered positions is provided on Appendix X This list may be revised and supplemented as necessary. PART I -- DRUG AND ALCOHOL ABUSE POLICY Objectives It is the policy of the City of Yakima to.provide a drug and alcohol free work place for its employees. The City s.philosophy on drug and alcohol abuse.is to emphasize training and rehabilitation. Counseling and support will be made available through an Employee Assistance Program, and the employees' right to privacy will be, respected at all times. Thefollowing sections provide guidelines for employees and.supervisors for the detection and deterrence of drug and alcohol abuse In .the work place.. Detection of substance abuse is provided through .pre- employrn0ntscreening, s.upervisor.and co- worker-education, and, where reasonable cause exists, verified testing of current employees. The standards by which such tests will be conducted are sel,out. Acts-which constitute a violation of Policy Part I are defined, and the consequences for violation are established. Ediicati'bn The City, of Yakima recognizes the need to provide education and training in the areas of drug and:alcohol abuse and the.major,factors which contribute to it. All employees will receive�an initial introductory 4 hour session regarding substance abuse in-the workplace. Thereafter, all employees will receive an annual 120 minutes of training on the effects -and consequences of drugs and alcohol in regard to,perso.nal health, safety,.and - the work environment, and on the signs and•symptoms that indicate controlled drug,and alcohol abuse. Supervisors who may make reasonable suspicion determinations will receive an additional annual 60 minutes of training on alcohol m'isuse.and another annual 60 minutes:on substance abuse annually. The supervisor training will cover the physical, behavioral, and performance indicators'of probable alcohol misuse and controlled substance use. The City also recognizes that drug and alcohol abuse can be successfully treated, enabling, an employee.to return to satisfactory job performance. Employees who are concerned about their own drug and alcohol abuse are encouraged'to voluntariiy:seek assistance through the City Employee:Assistance Program. All _such voluntary requests for assistance will remain confidential An employee who has not received substance drug, and alcohol abuse awareness training shall not be Subject, to disciplinary action under this Policy Part I. Employee Rights and Responsibilities The City shall not require an employee to undergo a drug screening test unless there is reasonable cause to believe the employee is under the influence of a substance which impairs job performance or which causes the employee to pose a hazard to the safety of the employee, the public, or other employees. Nothing in Policy Part I is intended to require random testing of employees Any voluntary request by an employee for assistance with his or her own drug and alcohol abuse problem will remain confidential and shall not be used as the basis for any disciplinary action, provided that the request for assistance is initiated prior to a drug and alcohol abuse related on-the-job incident. Each employee using nmedically authorized 'drugs or substance's which can irnpairjob performance shall report this fact to his /her supervisor prior to beginning duty, and shall provide proper written medical authorization to work_ It is the employee's responsibility', to determine from the physician whether or not the' prescribed drug would impair his /her job performance. In accordance with the Drug Free Work Place Act of 1988, as amended an employee who is convicted of any criminal drug statute for a viotatiorvoccurriing in the work place shall notify the Human Resource Manager no lat&lhan five days after such conviction. Each employee who observes or has knowledge of another employee in a condition which impairs his /her ability to perform job duties or poses a hazard to the safety and welfare of others shall promptly report the incident to his/her immediate supervisor. An employee who is the subject -.of a drug and alcohol abuse investigation, or who requests or is required to.submit to a Substance.Abuse Examination in accordance with this Policy. Part I,, shall be entitled to have a Union RepresentatiVebr other observer of his /her own choosing present during the investigation,, provided that such request for an observer does not cause-an unreasonable delay". Detection Pre - employment examination. Prospective employees of the City of Yakima shall undergo a drug screening test prior to employment. A confirmed positive test for controlled substances, or refusal to take the examination, will result in disqualification 1or employment for a period of six months Ekarrrinaiion for reasonable cause: An employee may be required to undergo a Drug and Alcohol Abuse Examination when reasonable cause exists to believe the employee is under the influence of a controlled substance and the steps outlined in-the Supervisors Checklist for Drug and Alcohol Abuse (Attachment B.} are followed. The decision to conduct a Substance Drug and Alcohol Abuse Examination-.shall be made only by the supervisor's department head or the department head's management level designee. Searches of City-owned property, The City reserves the right to search, without employee consent, all City -owned property, and any property or area jointly or fully controlled by the City when reasonable cause exists to believe the-search will reveal evidence of violation of this Policy Part 1. Rehabilitation The City recognizes.the value of trained, experienced employees, and, to the extent it deems treatment and rehabilitation are effective, it will pursue those avenues prior to. resorting to disciplinary measures. Any counseling. required or agreed to under Policy Part I; shall be at City, expense, Further, appointments with. the EAP may be scheduled on City time with prior approval of the employee's supervisor, for up to three (3) visits per year. The EAP counselor may contact the department head for authorization for additional time off Sick leave or other accrued time shall be used for time spent beyond the above limit for the purpose of extended counseling or treatment. If the employee requests that the purpose of the leave not be disclosed to his/her immediate supervisor, the department head shall maintain confidentiality regarding the reason for the leave. The cost of counseling through the EAP shall be bode by the City. The cost of treat meritlrehabiIitation shall be covered to the extent possible by existing labor contracts and the applicable health benefit plan. Testing Protocol All drug and alcohol abuse examinations required under Policy Part I shall be administered at a facility designated by the City. The.employee, shall provide samples of breath and urine totesfiforthe presence of alcohol and /or drugs, and shall sign an authorization to release the results of those tests to the City Human Resource Manager; provided, however; that a blood alcohol test may be used instead'of a.breath test when an employee is unable to. provide a sufficient amoun.'t of breath or a breath alcohol technician is not readily available. .Whenever the City of Yakima requires a blood and urine sample, it.shall'be administered, in accordance'with the foilowing.,procedure. I . The blood is drawn by a medical technologist. The urine sample is produced by the employee alone in a restroom. The medical technologist examines the restroom before and after to ensure that no_ other samples -were present and that no substances mere available for tampering Each sample shall be subjected to a laboratory testing protocol to detect tampering. 2. The medical technologist takes the samples, seals.them, labels them with the employee's identification, and signs a document which begins a formal chain ,-of - possession procedure. Each person who handles. the samples, including the person who performs the tests, must sign this document-. When not being handled_, the samples are stored in a.locked, refrigerator. The purpose of this procedure is to insure that samples do not get switched during. testing. 3. The laboratory test is conducted in two.steps. The first is,, a general screen test for the .major drugs of abuse and alcohol using the EMIT or comparable test. If any positive result_'is obtained, a second test is .performed using a.gas chromatograph /mass. spectrometer (GC/MS) which provides molecular identification of the substances found in the sample, If alcohol is detected in the urine; the -blood sample will be used for confirmation and to determine an accurate Blood Alcohol Level. Examination results will be delivered only'to the City Human Resource Manager who shall notify the employee's department head. The results may be made known to other management level City personnel who are required to know for the purpose of determining appropriate discipline or counseling; but otherwise shall be kept confidential. Provided the Human Resources Division has the employee's current address and telephone number, the employee will be•notified immediately when the results are received. Whenever an examination is required under Policy Part 1, the supervisor accompanying the employee shall advise the employee that he /she has the right to request that additional samples of urine and /or blood be collected of hislher own expense. The employee may make separate arrangements with the City's testing facility or another laboratory chosen and paid by the employee, for storing or testing these additional samples, but the employee will not.have the right to handle samples after the original donation. Prohibited Acts i Reporting for work while under the Influence of drugs or alcohol, or any substance which impairs an employee's mental or physical capacity is prohibited. The unlawful manufacture„ distribution, dispensing, possession, or use of a controlled substance in the work place, is prohibited. 'i Refusal to submit to or willful interference with any Substance Drug and Alcohol Abuse. Examination required in accordance with Policy Part 1 is prohibited. Failure to notify the department head within five days zof conviction of a criminal drug statute violated in the work place is prohibited. Failure to attend and cooperate in counseling when required in accordance with Policy Part I is prohibited. Treatment /Discipline In all cases of suspected drug and alcohol abuse in -the work place, the: supervisor's Substance Abuse Incident Reporlshall be forwarded to the employee's department head for further action. An employee suspected of drug and alcohol abuse shall be relieved of duty, with pay, following any required examination,:and shall be required to notify the office of hislher department head of hislher whereabouts at all times for the duration of the.investigation: The Human Resources Manager and the department head will determine the course of treatment or discipline as provided below. Disciplinary action resulting from enforcement.of Policy Part I shall be in accordance with applicable bargaining agreements, City Administrative Code, and Civil Service Rules..All established grievance procedures -shall apply. The emphasis of Policy Part I is training and rehabilitation. Disciplinary action for job misconduct in violation of this Policy Part l will be imposed up to and including termination when an employee does not make use of an approved treatment opportunity and the City finds discipline to be an appropriate response to the misconduct. An employee who has had treatment through the EAP and who subsequently commits misconduct in violation of this Policy Part I may or may not be offered another opportunity for treatment in place of discipline, depending on the seriousness of the job misconduct and the lapse of time since last in treatment through the EAP. As required by the Federal Drug Free Work Place Act of 1988, (Pub. L. 100 -690, Title V, Subtitle D), within 30 days of the City's receiving notice that an employee has been convicted of Violating a criminal drug statute in the work place, the City will either take appropriate personnel action up to and including termination or require the employee to participate satisfactorily .in a drug abuse assistance or rehabilitation program approved by a federal, state, or local health, law enforcement, or'other appropriate agency. Savings Clause It is understood thatall provisions of Policy Part I are subject to applicable Federal, State, and Local laws; and if any provision of any section of this agreement is held or found to be in conflict therewith, said provision shall be void. However, such invalidity shall riot affect the remaining sections of this Policy Part 1. PART II -- DRUG AND ALCOHOL ABUSE POLICY Prohibited Alcohol - Related Activities No employee shall report for duty or remain on duty requiring the performance of safety - sensitive functions while having an alcohol concentration of 0.04 or greater. No employee shall be permitted'to work following an alcohol test result indicating a concentration of 0.02 or greater but less than 0.04 until the employee's alcohol concentration measures less than 0.02, and the start of the employee's next regularly scheduled shift (but not less than eight (8) hours following the administration of the test). i No-employee shall use or possess alcohol during.work. No employee shall perform safety - sensitive functions within four (4) hours after using alcohol. No employee required to take a.post- accident alcohol test hereunder shall use alcohol for eight (8) hours following the accident or until he/she undergoes a post - accident alcohol test, whichever occurs first. Y No employee shall refuse to submit to a post- accident, random, reasonable suspicion, return =to -duty, or follow -up alcohol testing. r A supervisor having actual knowledge of on -duty alcohol use or pre -duty use within the four (4) hours prohibited time period by an- employee cannot permit that employee to continue /perform safety- sensitive functions. y No,employee who is "on -call" shall use.alcohol during the.specified on -call hours. The supervisor-shall, provide the employee an opportunity to acknowledge the use of alcohol at the time he/she is .called to report for duty and the inability to drive and/or perform safety - sensitive functions The employee will be required to take an alcohol test if he /she acknowledges the use of'alcohol at the time he/she reports for duty, but claims the ability to;drive andlor perform his /her safety - sensitive functions. Prohibited Controlled Substances4ctivitles No employee shall report for duty or remain on duty while under the influence of any controlled substance that could impair work performance. r' No employee shall report for duty, remain on duty; and /or perform a safety - sensitive function if the employee tests positive for controlled substances. Y No employee shall refuse to submit to controlled substances testing. Y No employee shall illegally manufacture, distribute; di_spehse, possess, or use any controlled substance in the work place. Pre - Employment Testing All prospective employees who have been given a conditional offer of employment with the City for a position covered herein and current employees transferring from a non -CDE or non - safety sensitive position to a position covered herein must undergo and pass a controlled substances acid alcohol test. Receipt of satisfactory test. results is required prior to employment in-or transfer to a employment position covered herein. Prospective or transferring employees who refuse to take the controlled.substances and alcohol test or who test positive for one-or more of the controlled substances shall be considered ineligible for City employment positions covered herein for six months. In accordance with 49 CFR Parr40, Section 655.41(a) (2)', when a covered employee or applicant has previously failed or refused a pie- etploymerlt drug test'and administered under this Part, the employee must provide the employer proof of having successfully completed a' referral, evaluation and treatment plan as described In Section 655.62 Pre - employment controlled substances testing is not to be limited to the controlled substances definition contained in this Policy Part H, .and may include testing for other controlled substances such. at depressants and. hallucinogens. Random Testing Employees covered hereunder are subject to random alcohol and. controlled substances testing in accordance with the following: At least 25% of the average number of covered employees shall undergo random alcohol testing in .each calendaryear, or a sufficient number of employees equal town annual rate not less than the minimum annual percentage determined by the DOT, FHWA, or FTA. At least 50% of the average number of 'Covered employees shall-undergo random controlled substances testing in each calendar year, or a sufficient number of employees equal to an annual rate not less than the minimum percentage determined by the DOT, FHWA, or FTA. r An employee shall be subject to random alcohol testing while the employee is performing safety sensitive functions, just before the employee is performing safety- sensitive functions; orjust after he employee has ceased performing safety - sensitive functions. When a covered employee or applicant has not performed a safety- sensitive function for 90 consecutive calendar days regardless of reason, and the employee has not been in the employer's random selection pool during that time, the employer shall ensure that the employee takes' a pre - employment drug test with a verified negative result. (49 CFR, Section 655.49 (d). r The selection of employees for random alcohol and controlled substances testing shall be made by .a scientifically valid method, such as a random number table or a computer- based random-number generator that is matched with employees' Social Security numbers, payroll identification numbers, or other comparable identifying numbers. Under the selection process used, each covered employee shall have an equal chance of being tested each.time selections are made. Y Random alcohol and controlled_. substances tests shall be unannounced and the dates for administering such random tests shall be spread reasonably throughout the calendar year. Y Employees who are notified of selection for random alcohol or controlled substances testing shall proceed to the test site immediately;, provided, however, that if the - employee is performing a safety - sensltive function at the time of notification, the employee shall cease to perform the safety- sensitive function and proceed to the test site as,soon as possifle-. Reasonable Suspicion Testing Employees'covered hereunder are-.subject to reasonable suspicion alcohol and controlled substances testing in accordance with the following: r Under FTA authority, Safety- Sensitive employees are subject to a fitness for duty evaluation, including.a drug or alcohol test, when there is a reason to suspect they are under the Influence of any of the prohibited drugs or'alcohol immediately prior, during, or immediately after performing job duties or while on the property, v An employee shall submit to alcohol and/or controlled substance test whenever a supervisor or manager has reasonable suspicion to believe that the employee is under the influence or impaired by alcohol and /or a controlled substance. The employee shall be removed from duty immediately' iii order to undergo said testing.. A supervisors br manager's determination that reasonable suspicion exists for alcohol and /or controlledsubstahces .use - shall'be based on specific; contemporaneous, articulable observations concerning the appearance, behavior ,,speech, and /or body odors of the suspected employee. The required observations must be made by a supervisor or manager who'is trained in the detecting the symptoms of'alcohol misuse and the signs and symptoms of drug use. The supervisor shall make a signed written record,of his /her observations within 24 hours of the observed behavior or before_ the test resulis are released, whichever is. earlier. ➢ An ernployee is only subject to reasonable suspicion alcohol testing only if the required observations are made during, just preceding, or just after the period of the work day that the employee is required to be in compliance with this policy. v An employee shall only be subject to reasonable "suspicion alcohol testing while the employee is performing safety- sensitive functions; just before the employee is to perform safety - sensitive functions, or just after the employee has ceased performing such functions. Y NO employee shall be subject to reasonable suspicion alcohol testing later than eight (S) hdurs following the determination that reasonable suspicion exists to require the employee to undergo,such test. r Reasonable suspicion controlled substances testing is not limited to the controlled substances definition contained in this Policy Part II, and may include testing for other controlled substances such as depressants and hallucinogens. k The supervisor or manager-who makes the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the employee. The direct supervisor of an employee shall not serve as Vie collection site persorlJor a reasonable suspicion controlled substances test of an employee. Post - Accident Testing Procedures- The FTA criteria for a covered accident after which drug and alcohol testing, must be conducted,. is as follows: Accident means an occurrence associated with the operation of a vehicle, if as a result: (1) an individual dies;. or (2) an individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident, (3) with respect to an occurrence in which the mass transit vehicle involved is a bus: electric bus, van, or automobile, one .or-more vehicles (including non -FTA funded vehicles) incurs disabling damage as the result of the occurrence and such vehicle or vehicles are transported away from the scene by a tow truck or other vehicle; or (4) which respect to an occurrence in which the mass transit vehicle involved is a rail car, trolley car, trolley bus,-or vessel, the mass transit vehicle is removed from operation. Employees covered hereunder are subject to past- accident _alcoho[and controlled substances testing in accordance with the following. y Fatal ,Accidents — As soon as practicable following an accident involving the loss of human life,,,and'regardless of fault, each. surviving employee performing safety - sensitive functions in the subject vehicle at the time of the accident, and ariyother covered employee whose perfbfmance could have contributed to the accident, shall be tested for alcohol and controlled. substances. v Non -Fatal Accidents — As soon as practicable following an accident not involving the, loss or human life, each employee performing safety- sensitive functions in the subject vehicle at the time of the accident who received a citation under state or local law for a moving traffic violation arising from the accident, and any other covered employee who performance could have contributed to the accident, shall be tested for alcohol and controlled substances. if a post- accident alcohol test is not administered Within two (2) hours following an accident, the supervisor of the employee shall prepare and maintain on file a record stating the reasons the test was not. properly administered. If a said test is not administered within eight.hours (8) after the accident, the supervisor shall cease attempts to have the alcohol test administered and prepare and maintain on file a record stating the reasons the test was not done within said eight (8) hours. v If a post - accident controlled substances test is not administered within 32 hours of the accident,, the supervisor shall cease attempts to have.the controlled substances test administered and prepare and maintain on file a, record stating the reasons the test was 'not done within said 32' hours., r An employee subject to post - accident testing shall remain readily available for such testing, including notifying his /her supervisor of his /her location if he /she leaves the accident scene. An employee who fails to do so shall be deemed to have refused to submit to testing. Nothing herein shall be construed to require the delay of necessary medical attention for the injured or to prohibit an employee from leaving the accident scene for the time period required to obtain emergency assistance- Return-to-Duty Testing An employee who has engaged in and /or violated the alcohol 'andlor controlled substances prohibitions shall not'be allowed to return to duty requiring performance of a safety- sensitive function until that employee has complied with the following, If the employee has violated the alcohol prohibitions, helshe shall `undergo a return -to- duty alcohol test with a eesult indicating an alcohol concentration of less than 0 02, and 111e employee shall provide a true copy of the re-testresults to his /her supervisor, If the employee has violated the controiled substances prohibitions, he /she shall undergo a return -to -. .duty controlled substances test with a result ihdicating a verified negative. result for controlled substances use, and the employee shall provide a true, copy of the test results to his /her supervisor, := The employee has been evaluated by an SAP who shall determine what assistance'; if any; the employee needs in resolving problems associated with alcohol misuse andlbr controlled substances use; The employee has complied and remains in compliance with any and all SAP prescribed /recommended rehabilitation and /or treatment programs; r The employee may request paid or unpaid administrative leave, or use any available accumulated leave in order to participate in an SAP evaluation and to comply with prescribed /recommended rehabilitation and /or treatment programs. Foliow -Up Testing Upon completion of a SAP prescribed /recommended rehabilitation and /or treatment program and `successful return to work, an employee will be .subjectto follow -up testing for alcohol and/or controlled substances. An employee shall be subject to follow -up alcohol testing only when the employee is performing safety- sensifive. functions; just before the employee is to perform safety- sensitive functions, or just after the employee has ceased performing safety - sensitive .functions. The. SAP shall determine the frequency and duration of. the follow -up testing, but such shall consist of at least six (6).unannounced tests in the first twelve months (12) months following the employee's return to duty. After that period of'time, the SAP may recommend additional follow - up testing or termination of follow -up testing. Follow -up testing, shall not go beyond sixty (60) months-after the employee return to duty. Dilute Samples Under the City of Yakima policy and authority, any employee providing a urine specimen that is determined to be dilute will be required to provide another urine specimen as soon as City of Yakima receives notice of the test results. -Such recollections must not be collected under direct observation, unless there is another basis for use of direct observation. The re- testing policy shall pertain to pre - employment /pre- transfer, random, reasonable suspicion, post accident and return to duty testing. A second dilute sample in pre- employment testing can result in denial:of employment. Rehabilitation and Counseling The City offers employees, the use of counseling and rehabilitative services pursuant to coverage limitations and in accordance with the terms of its benefit programs. Employees are personally responsible for seeking treatment for alcohol and/or controlled substance dependency. Any voluntary request by.an employee for assistance with his/her own alcohol and /or °controlled substance dependency will remain confidential and shall not be used as a basis for disciplinary action, provided the request is initiated prior to an alcohol and /or controlled substance dependency related_ on the -job incident, or a positive alcohol and /or controlled substance test. The cost of counseling services through the Employee Assistance Program( "EAP ") shall be borne by the City. Appointments with the EAP may be scheduled on City time with prior approval of the employee's supervisor, for up to three (3) visits per year; The EAP counselor may contact the department head for authorization for additional time off.. 11 The employee may request additional paid or unpaid administrative leave, or use any available accumulated leave in order to participate. in extended counseling and/or rehabilitation. If the employee requests: that the purpose of the leave not be disclosed to his/her immediate .supervisor, the department head shall maintain confidentiality regarding the-reason for the leave. .Prescription Drug Use The appropriate use of legally prescribed drugs and non - prescription medication is not prohibiied. It is, however, the employee's responsibility to inform the physician of the- employee's job duties and determine from the physician,. or other health-care professional, whether or not the prescribed drug may impair their job performance-or mental or motor function. It is jhe responsibility of the employees to remove themselves from service if they are experiencing any adverse effects from medication. Employees are required to report the use of medically authorized drugs or other substances which can impair job performance to his /her supervisor and provide property written medical authorization to work from a physician. The employee is not required to, disclose to his/her supervisor the specific medication or condition which necessitates the medication. Failure to report the use of such drugs, or failure to provide property evidence of medical authorization may result in disciplinary action. Additional Employee Rights and Responsibilities r An employee or applicant who wishes to challenge a positive controlled test must do so within 72 hours of notification of the positive result: The employee or applicant must notify the MRO that.he /she wishes`to challenge the test result. The re -test must be processed at a Department of Health and Human Services- certified laboratory. The employee Will be solely, responsible for costs necessary for the re -test. An employee required hereunder to undergo random, reasonable suspicion, or post- accident alcohol and /or controlled substance testing shall be put on paid administrative leave for the time period necessary for conducting said testing. If the results of said testing are positive, the employee may request additional paid or unpaid administrative leave, or use any available accumulated leave in order to participate in an SAP evaluation and to comply with any corresponding SAP prescribed /recommended rehabilitation and /or treatment programs. ; p Any voluntary request by an employee for assistance with his /her own substance abuse problem will remain confidential' and shall not.be used as a basis for disciplinary action, provided that the request for assistance is initiated prior to a:substa,nce abuse related on-the-job incident,, or an alcohol or controlled substances test that concludes -in a positive result. r In accordance, with -the Drug. Free =Work Place Act of 1988, an employee who is convicted of any criminal drug statute for a violation occurring in the work place shall notify the City Personnel Office no later than five,days after such conviction. r Each employee who observes or has.knowledge of another employee. -in a condition which impairs his /her ability to perform job duties or poses,a hazard to the safety and welfare of others shall promptly report the incident.to his /her immediate supervisor. To the degree; possible „the reporting employee's identity will be kept confidential. Y The City reserves the right to search, without. employee consent, all City owned property, and any property or area jointly or fully controlled by the City when reasonable suspicion exists to believe the search will reveal evidence of a violation of Policy Part II. Discipline for Positive Test or Refusal t.o Take Test, Comply with Testing Procedures or Comply With SAP A positive controlled substance lest andlor an alcohol test indicating an alcohol concentration of 0.02 or more shall be considered just cause for disciplinary action in accordance with the Civil Service Rules & Regulations. If an employee refuses to take a required alcohol test,.there will.be a presumption that the employee has a blood alcohol concentration of 0.04 or greater. If . the employee refuses to take a required controlled substances #est, there shall be a presumption that the employee tests positive for one of the controlled substances Refusal to submit to a required alcohol and/or controlled substances test shall be considered just cause for disciplinary action in accordance with the applicable Labor Agreement.. and Civil Service Rules & Regulations. If an employee refuses or fails to comply with testing procedures, it shall be considered a positive test. The procedures are as follows.- • Fail to appear for any test within a reasonable time, as determined by the employer. Fail to remain at the testing site until the testing process is completed. • Fail to permit the observation or monitoring of your provision of a specimen. • Fail or decline to take a second test the employer or collector has directed you to take. • Fail to sign the certification at Step 2 of the ATF. Any attempt by an employee to tamper with a urine sample or otherwise obstruct the testing process shall be considered just cause, for disciplinary action in accordance with the applicable Labor Agreement and Civil Service Rules & Regulations The refusal of an' employee to participate in an SAP evaluation' and /or comply with any corresponding SAP'recommendedlprescribed rehabilitation °andlor treatment programs shall be considered just cause for disciplinary action in accordance with the applicable Labor Agreement and Civil Service Rules & Regulations. Collection and Testing Procedures All alcohol and controlled'substance testing shall comply with DOT's Procedure for Transportation Workplace Drug and Alcohol Testing Programs, 49 CFR Part 40. These procedures are designed to ensure the accuracy and integrity of the lest results and include screening tests; confirmation'tests, chain of custody safeguards, and appropriate privacy and confidentiality protections. Controlled substance testing will normally by.performed by urinalysis at a test laboratory certified by the U.S. Department of Health.'& Human Services ( "DHHS ".). The test involves. an initial screening performed by'ihe enzyme multiplied immunoassay test-( "EMIT ")'. Any positive test is then confirmed by a second test of the same sample by Gas.ChromatographylMass Spectrometry ("GC/MS"). The City's designated MRO shall receive and interpret test results and report them to the City Prior to reporting a positive test result, the MRO shall give the employee an opportunity to discuss the test result. If the employee meets with the MRO and fails'to present information affecting the test result, or if the employee refuses to meet with .the MRO, the MRO will verify a positive test result and will inform the City Personnel Officer on a confidential basis that the employee tested positive. The MRO will also inform the employee at the time the test result is verified that he or she may request a "re-test" at their own expense within 72.hours Upon request, the employee shall be given a copy of the positive test results. Alcohol testing will normally be performed by a trained breath alcohol technician ("BAT) utilizing an evidential breath testing device ( "EBT "). Testing will take place-at a site designated by the City. The BAT will inform an employee-of the EBT results at the time of testing If the, screening test shows an alcohol concentration of greater than 0.02, a confirmation test -will be conducted within 20 minutes of the screening Lest.'If the confirmation test showssan alcohol concentration or 0 020 or greater, the BAT will show the employee the printed test results and shall notify the City Personnel_ Officer of the test results In limited situations, such as where. it is not possible to test by urinalysis or, EBT, blood tests may be utilized to test for the presence of substances. If the blood test is utilized, the employee will normally be notified of the results by the MRO. An employee, at his or her own expense; may make a written request for re -test of a test sample within 72 hours of receiving the test results: Retention of Records and Confidentiality Pursuant to the DOT rules and regulations, the City is required to maintain a number of records regarding alcohol and controlled substances testing. The type of documents that must be retained is lengthy and is listed the DOT rules and regulations. Y Retention Period ..of Records. • The following records shall be maintained for mllhimum of five years Alcohol tests results. indicating an alcohol concentration of.0 02 or greater; .a Verified positive controlled substances tests; Documentation of refusals to take required alcohol and /or controlled substances tests, o EBT calibration documentation; and Documentation of employee evaluations and referrals by SAPS, • Records related to alcohol and controlled substances collection process and training shall be maintained for a minimum of two years. • Records of negative and canceled controlled substances tests. and alcohol tests indicating an alcohol concentration of less than 0.02 shall be maintained for a minimum of one year Confidentiality.. All records required to be retained under DOT rules and regulations shall be maintained in a secure location with controlled. access • Only City management representatives with a "need -to -know" responsibility will be made aware of substance abuse situations or test results. • Except as required by law or expressly authorized, the City shall not release in formation that is contained in records required to be: maintained under (lie DOT rules and regulations. • Upon written request; an employee may obtain copies of any records pertaining to th&ernployeb's use of controlled. substances and /or alcohol.14 . • All results of alcohol and /or controlled substances testing conducted pursuant to the DOT rules and regulations shall be made available, upon request, to appropriate government officials having regulatory authority over the City and its employees. • The City shall provide copies of records retained hereunder to potential employers when current or former City employees have signed and provided the appropriate authorization form to the City. Education r Employees will receive'an initial introductory 4 hour session regarding substance abuse in the workplace. Thereafter, employees will receive at least-2 hours of annual training on the effects and consequences of controlled substances in regard to personal health, safety, and the work environment, and on the signs and symptoms that indicate controlled substance use., r Supervisors who may make reasonable suspicion determinations will receive an additional 1 hour of training on alcohol misuse annually and another 1 hour on substance abuse annually The training will cover the physical, behavioral, and performance indicators of probable alcohol misuse and controlled substance use. Administration The City Department of Human Resources is responsible for taking the necessary steps to, ensure that employees supervisors, managers, contractors, suppliers, and others who may be performing, work or providing services on City property: or on behalf of,the City, comply with the Policy. Savings Clause It is understood that all provisions of Policy Part 11 are subject to applicable Federal, State, and Local laws, and if any provision of-any section of this agreement is held, or found to be in conflict therewith, said provision shall be void, However, such invalidity shall not affect the remaining sections of .thisPolicy.Part 11. DEFINITIONS For the purpose. of this policy, the following terms have the meanings indicated: ,occident— Accident means an occurrence associated with the operation of a vehicle if; as a result: r' An individual dies; y An individual suffers a bodily injury and immediately receives medical treatment away from the accident scene; i• A vehicle sustains disabling damage and.is transported away from the accident scene by a tow truck or other vehicle; or r A revenue service vehicle is removed from revenue service Alcohol— Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, 'and /or other low molecular weight alcohol including methyl and isopropyl alcohol. Alcohol Concentration /Content — Alcohol concentration /content means the a_ lcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated_ by an evidential breath test. Alcohol Test —,An alcohol test is a test conducted by a Breath Alcohol Technician, or any other person approved by the Department of Transportation rules, using an Evidential Breath Testing Device (EBT).to measure the amount of alcohol concentration in a volume of breath; provided, however, that a blood alcohol test may be used instead of a breath test when 'an employee is unable to provide a sufficient amount of breath or a BAT is not readily available. Alcohol Use — Alcohol use means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. Breath Alcohol Technician — A. Breath Alcohol Technician (BAT) is an individual who instructs and assists.individuals in the alcohol testing process and operates EBT devices. Commercial Motor Vehicle - A commercial motor vehicle means a motor vehicle or a combination of motor vehicles used in commerce to transport passengers and/or property if the motor vehicle:. Has a gross weight: of 26,001' or more pounds, including combined weight if towed unit has a gross vehicle weight rating of more than 10,000 pounds; v Is designed to transport 16 or mora passengers, including the driver, or Is of any size and is used to transport materials found to _be.hazardous for-purposes of the Hazardous Materials. Transportation Act and which require the motor vehicle to be placarded under the Hazardous Material Regulations (149 CFR 172, subpart F). Confrrrriation Test — Y For alcohol testing, a'confirmation test means a. second test, following a screening test with. a result of 0.02 or greater, that provides quantitative data of alcohol concentration. r For controlled substances testing, a confirmation test means a second analytical procedure to identify the presence of a. specific controlled substance of controlled substance. metabolite which is independent of the sc'reen.test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. Controlled Substance — substance whose dissemination or use is controlled by regulation or statute; including; but not limited to alcohol,, narcotics, depressants, stimulants, hallucinogens, and cannabis. (Controlled,substances include cocaine, marijuana, opiates, amphetamines, phencyclidine, and any other substance' determined by the DOT or its agencies to be a controlled substance - second definition ?) Controlled Substance Test - A method for determining the presence of controlled substances in a urine sample using a scientifically reliable method performed in accordance with procedures specified in 49 CFR part 40, as amended. Conviction - finding of guilt (including a plea o` polo contenders) or imposition of sentence, or both. by any judicial body charged with the responsibility to determine violations of Federal, State, or City drug laws. Counseling - participation in a substance: abuse counseling program provided through the City of Yakima Employee Assistance Program (EAP). Criminal Drug Statute - criminal law involving the manufacture, distribution, dispensing, use or possession of any controlled substance, Drug and Alcohol Abuse - the use of a substance, including medically authorized drugs, which impairs job performance or poses a hazard to the safety and welfare of the erriployee, the public, or other employees. Failing a. Controlled Substance or Alcohol Test - Failing a controlled substance or alcohol test means that the controlled substance or alcohol test showed positive evidence of the presence of a controlled substance or alcohol in an employee's system that is at or above a determined. threshold level. This determination shall be made by the City MRO under the same standards as passing a substance test. Failing a substance.test shall be referred to as "testing positive." Employees who refuse to take a substance test when requested to do so shall be considered to have failed the substance test. Evidential Breath Test'Device -An Evidential Breath Testing Device (EBT) is a device approved bythe National Highway Traffic.Safety Administration (NHTSA) and placed on the NHTSA's Conforming Products List (CPL) and is used for the testing of breath for the presence of alcohol. Medical Review Officer - A Medical Review Officer (MRO) is a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by the City's drug testing program who has knowledge of substance'abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together-with his or her medical history and any other relevant biomedical information. Medically Authorized Drugs or Substances.- drug. or substance prescribed by a licensed practitioner %physician or dentist for use in the course of medical treatment. Passing a Controlled Substance Test - An individual passes a controlled substance test when a MRO determines, in accordance with the DOT procedures, that the results of the test: Y Showed no evidence or insufficient evidence of a co_ ntrolled substance-or controlled substance metabolite, e Showed evidence of a controlled substance or controlled substance metabolite for which there is a legitimate medical explanation; Showed evidence of a controlled substance or controlled substance metabolite below a determined threshold' level, or Were suspect because of irregularities in the administration of the test, or observation, or custody and control procedures. Passing'a controlled substance test shall be referred to as "testing negative. Passing an Alcohol Test — Passing an alcohol test means that the alcohol test result shows an alcohol concentration of less than 0.04 Passing an alcohol test shall be referred to as "testing negative.' Reasonable Cause— All of the facts and circumstances available at the time of on incident. whlch would lead any reasonable person to the same conclusion. Refusal to Submit — An employee "refuses to submit" to an alcohol or controlled substances test when the employee fails to provide adequate breath or urine.for testing without a valid medical explanation, or the employee engages in conduct that clearly obstructs the testing process. Revenue Service Vehicle — A vehicle used to transport fare paying passengers, including a bus or trolley bus. Safety- Sensitive Position — A position that requires the perfori-nance of one of the following safety - sensitive functions. i Operating a revenue service vehicle, including when the vehicle is not in revenue service; Operating a non - revenue service vehicle, when required to be operated by a holder of a CDL; Controlling dispatch or movement of a revenue service vehicle; Maintaining a revenue service vehicle or equipment used in revenue service, unless the recipient receives section 18 funding and contracts out such services. Maintaining a revenue service vehicle includes any act which repairs, provides- upkeep to.a vehicle, or any other process which keeps the vehicle operational, It does not include. cleaning the interior or exterior of the revenue service vehicle. or transit facility; and Carrying a firearm for security purposes aboard a revenue service vehicle. Screening Test — For alcohol testing, a.screening test is an analytical procedure to determine whether an employee may have.a prohibited concentration of alcohol in his /her system. For contralled.substances testing, a screening test means an immunoassay screen (or other Department of Health and Human Service (DHHS) - approved test) utilized to eliminate `negative" urine specimens,frorn further consideration. Substance Abuse Professional —A substance abuse professional (SAP) is a licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assislance professional, or addiction counselor (certified by the National Association of Alcoholism and.Drug. Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances related disorders. Unreasonable Delay — delay of the testing procedure for a penod.of time which would render the test useless or inaccurate. Written Medicaf Authorization — prescription or other written approval from a licensed practitioner/physician or dentist for the use of a drug in the course of medical treatment. The. authorization niust include the name of the substance, the period of authorization;, and whether the prescribed medication may impair job performance. ATTACHMENTS Attachment A CDL Listing Attachment B Supervisors Checklist for Drug and Alcohol Abuse DOT - FTA GROUP EQUIPMENT RENTAL E_gUipnheht Maintenance Supervisor Mechanic I Mechanic 11 Fleet, Mai ntenance Attendant DOT - FMCSA, GROUP STREETS Street Maintenance Supervisor Street Maintenance Crew 'Leader Street Maintenance Specialis REFUSE" Solid Waste Supervisor Solid Waste-Crew 1.cadrr Solid Waste Maintenance Worker Solid'Waste Maintmlince ``Porker (°T) IRRIGATION Irrigation Su�?er?isor Irrigation C:re ", Leader Irrigation Specialist.l Trvigations Specialist Il Ar,mctimi.v ' A Citv of Yakima CDL LISTING TRANSIT Transit Manager Transit' Operation Supervisor Transit Field Operations Supervisor Transit Project Planner* Transit Route Supervisor Transit Service Worker Transit Dispatelier Transit Operator WASTEWATER Wastewater Maintenance Supervisor l,%IasteM.ratcr Maintenance Crew Lender bVastewater Mai "ntciiaihce Specialist I Wastewater Maintenance Specialist lI -WWTP Chief Operator" WANTP Operat6r 11 WWTP Operator III" WATER Waterworks &ew Leader. Waterworks Specialist I I- VaterWorks Specialist 11 Water LUevice Technician *Not all oriplo }tees in these job classifications are required to have a CDL. Those who do are In the randoin pool :of employees for tasting. -:• 79 ATTACHMENT B laity t) f Yakima SUPERVISORS CHECKLIST FOR DRUG AND ALCOHOL ABUSE EMPLOYEE NAME: DATEITimE OF INCIDENT: SUPFRYISOR #I NAME:' SUPERVISOR #i NAME: T}ir. fall vilig inlorniation should be _7iuti ided +'hen there 1 as peen an incident nr rnntributing event that provides reasonable cause ur suspicion that an employce is under the influence of drugs or alcohol. 'I'hc City's determination that reasonable suspicion exists shallbe base on specific, conternnoraneous, articulable observation concerning the appearance, behavior, sp ecll, or body ndors cf the emoloyce. A supervisor trained in detecting Lhe signs and symptoms of drug Tisc and alcohol misuse *oust! 1L'<e the required onservations. The suPeTvisor {s} should document all pertinent fack and circumstam es Ihat would.lcad a reasonable person to believe that there has been a nnisusc o`.alcnhol or drubs, by the r- mployee- Record earl; time on. the form hy,rhi ckinn the aprrupriate box-and mAkr additional notes or comments in the spaced prbvidM. CONTRIBUTING EVENT / CAUSE FOR SUSPICION E] Reported lor'wgrk while under the irlflnrrYCt, of ilvol)nl or drul;s or any other substanCe that iinpai.r' I the cmplo?e's.ment l ue jdiy ;ical capacity. Observed the.u4e ITt an.unlavelul controlled substan:e ii:.11ie vvOrkplace. 7 Observer] :iimo mal or erratic behavior {list beloirj, Refused to submit to Qi wMiully iiaferfered with drug Or alcohol testing rerjnired.iuraccordrtnce with this policy Other, gpccifir_, contelaTpmallenin, arficulable observation concerning the appearance, behavior, speech or body odors of the employee BEHAVIORS OF CONCERN ❑ Verbal r1111,1sivLness / expJosive.angry behavior F1 Physi:" al abusiveness i fighting F1Impaired memor -E 1 perception ,judgment ]vTood swings or- unpredictablo behavior SoCinl IIItat-hntent or isolation ❑ Cltherhrliewioxs of concern (exanthle:hallumnattons, disorientation, eti_} Snprr :isars CI =erk:is ;: Her.xd �iPi03 20 •;• ATTACHMENT B THIS DOCUMENT MUST BE COMPLETED, SIGNED, AND SUBMITTED PRIOR TO CONTRACT AWARD DRUG -FREE WORKPLACE CONTRACTOR CERTIFICATION RFP NUMBER: 11231 -P PROJECT TITLE: Fire Code Inspector Services I hereby certify that I am familiar with the requirements of City of Yakima Substance Abuse Policy No. .PER 600 regarding Drug -Free Workplace as. outlined in .the request for proposals, and that, e` P (Name under which business is conducted) has in place a Dfug =Free. Workplace':.Program that complies with said policy. I: further certify that each subcontract agreement for this project contains, language .which indicates the. Subcontractor's agreement to abide -by the provisions of the policy-as outtined. SIGNED- LFL 4' PRINTED NAME:'.' TITLE: './ Py w+ V V 41 COMPANY NAME: \.(•:6V� a L F r �a ADDRESS: {'b NOi'"l V.'` 't ! O✓}T JfrGe TELEPHONE:'!., E-MAIL: DATE: fA 11 Go to Occupancy ft] Go Info Contacts Inspections) kerirb Pfa n i Fire §Prrooems'. -1[ Fifes �Permits Actions Occupancy Info Business Group P > B Fire Station >'Fi , re�Station'gt I Yaklm'a' WA 98901 Next Inspection Date: 4/1/2011. Category Business-Group B 5bbcategbry B Fire Station LD 10 0380 NzfrTi6 lFire Station 9t Number prefix A 5 e e .,t Street Address 1401 N .0 LO-j Front Striaet CRY Yak;ma j Washington I &4"q i Labtijde Lbrigitude Phone- Fax. Email National &id 191 Station'91 Mao Page 1842 Busin6m-Liden-se ]"Assessed Value Occupancy Type. L Omupancy-Zone North of YakiM6 Station # of Units FO- Assessor. Parcel # 18131344424, Construction Type Type I (Fke,RestsUv6) Oc4upancv Load Building•Statfus Oucupied and o*ratind Year Built I1-972 CriticalInfr6structufe, 'Assighed Inspector Heath; Chuck, 01 Prbperiy;Use Isis I-Emv-utionl Utility Billing Nurntwr 4rchive this Add,N6v,EnUY Occupancy History Estimated Val'uc Property: 250C)0GC�; 00 E.-- tirriated Value Contents: 130CCO-C-00 go http,q:llsccure.eiiiergencyreporting.comloce-upanciesloccupancy_.info_form.asp?occupane... 12/1412012 A& N&vv —!t Go raw oc,.PAn LG:.:j occupjhcy'; Contacts 9f) No=n,'.'Jenlfpr Eniployee Fil OD'2003-2012 - All Right$ Rc3erval V 19.2.2 PoWerad *.MDorific. Systems Ifr, https://ser-ure-emergencyreporting.com/occupancies/occupancy contacts.asp 12/14,12012 0— p 3 mk__ Into contacts Inspections Preffre Plans Fire Protection systems IF F:U,, Permits Actions Inspections Business Group P'->,B Flre;Statloh; >'Flre )Stafibmk -1 Yakima, WA 98901 Inspection Frequency f Add lhip6bb6n h6dule. SdheduleZingle Inspection,T Start bate lipspeob. typ!e. I Frequei 2jIJ2012 AbhLml Fire Inspection Annua(ty Insodctioil History Starl-an Irippeblion, Inspection DDate i Authorized 8y I Inspection Type I I Result 9/20/*2011 72172 - Sudla, Sherenep Review ,of System S&vloe Reports No hazards noted 814/2011 7372- Sucffla;,Sher6m RevjeW of System Servfce Reports No'haiiards noted 3539 - BELLES, CAROLYN Annual FIre'Insp6ction 66iblibW" --up 11/12(2016 j539-- BELLES, CAROLYN Review of System Service Reports No hazards noted 3539-- BELLES, CAROLYN AnhGal Fire IrispectldH N6 hazards noted 12/7/2009 6292 - RAY, JASON L Pre Fire Inspection 10/21/2009 3539 - BELLES, CAROLYN Review of System Service Reports No hazards noted 2/26/2009 0421 • Heath, Chuck Annual Fire Inspection No hazards noted 4/21/2908 0421 - Heath; Chuck Compliance Reinspection Hazards. have, been. corrected Hazards noted 2/221.2008. 6421 Heath, Chuck Annual Fine Inspection Do Follow-up Inspection Mspection Schiedule Schedule Date I Inspection Type I Ent: 4/1/2011 Complianoe Reinspection MAPT 2/1.12012 Annual Fife.Insoection AM' 2/i/2013 -Annual Fire Inspection AUT 2003-2612 - All Rights Reserved V. 102.2 U.2 Powered. by Reporting Systems Inc, https:,',Isecure.emergencyre.porting.coin/occupaiaciesiinspections.asp 12/14/2012 Attention: Cindy Epperson Director of Finance and Budget City of Yakima RE: Insurance requirements for City of Yakima RFP #11231 -P Weu F- 401 --ia ae & -vices P.D. Box 250 xaldma, WA'6B90T Tel: 509;/A9746b" ToUFrme d 572 91rio', wm,.wcllsfargo.com/wfis Ms, Epperson: please let this letter serve as notice that the Insurance program currently in place for the City of Yakima satisfies the requirements of the above RFP, for General liability, Auto liability, and Professional (E &0) liability. Please feel free to contact me with any additional questions or concerns. Sincerely, Jeff Widdows Account Executive Wells. Fargo Insurance Services (509) 853 4222 Together we' fl: go far � !0., Yakima Fire Departincut ADIv1INISTi ATIVt POLICY MANUAL Chapter 4, Section 32 TRAINING REQUIREMENTS 4.32.01 Reference WAC 296- 305 -05503 4.32.02 P ltcv A. The City of Yakima Fire Department shall provide training and education for all members commensurate with those duties and functions diai members are expected to, perform. I. Such training and education shall be provided to. members before they pciform emergency activities. 2. In_strucfors shall be qualified and.required to have training and education which is more comprehensive than. that provided to the general membership of The Department. 3. Members who are expected to perform interior structural fire fighting, shall be provided with an- education session or training at least qu4Aerly. 4. Members shall comply With the provisions of Polity 4.31. 4:32.03 Definitions NA 4.32.04- Responsibility A. The Training Officer shall assure that training and education is conducted frequently enough to assure that each member is able to perform their assigned duties, and functions; satisfactorily and in a safe manner so as not to endanger other nnerrihers. The frequency of training shall .meet the requirements of WAC.296- 305- 0550.1 (10) to tram annually. B The Training Officer shall keep records on all training for members to assure compliance with this policy. 4.32.05 Guidelines A. Training on hearing eonseivation. shall conform to 2.1.3, Hearing Protection Policy B Training on .medical procedures shall, conform to 4.22 Emergency Medical Protection Policy C Training on respiratory equipment shall conform to 4.25 Respiratory Equipment Protection Policy. D. Training on employ& right -to -know procedures shrill conform to chapter 296 -62 WAC, Part C, Hazard cornmunication. June 9, 1997 4.32 E. Training on overhaul prgceclures and operations shill conform to 4.54 Emergency Fire Ground Operations Policy. F. Training on wildiand fires shall conform to 4.40 Wildland Fire Operation Policy. G. Training on confined space entry and /of rescue shall confirm to 4.61 Confined Space Rescue Policy. H. Live fire trainincy in structures shall conform to 4.32 Live Fire Structural Fire training, 4.32.06 Additional References [Statutory Authority, RCW 49.17.010, .050-060. 96 -11 -067 (Order 94 -27), 13296- 305 -05503, filed 05 %10/961 effec uve 01/01/97,] 4.32,07 Appendix NA K. Alb Chronister, Fire Chic June 9_1997 2 4:32. SOP 1.200 TITLE: Authorization of Safety Standards for Firefighters OBJECTIVES: A. To provide and, to operate.with the highest possibie levels of safety and health for all members. The, prevention and reduction: of accidents; injuries and occupational illnesses shall be primary considerations at! all times. This concern extends riot only to our members but also to any other persons who may be involved in Fire Department activities. PROCEDURES: The department shall establish and maintain training programs for all department personnel, which are capable of providing and maintaining levels of occupational proficiency consistent with maximum safety and surviva1- 2: The department shall research„ develop; implement and enforce the provisi©ns of WAC 305 that recoghize and reduce the inherent risks involved in the operation of the fire department. SCOPE: The dr- partment and its memhcrs shall be responsible for compliance with WAC 296-305.' The department shall establish and enforce policies and standard operating procedures to reach the oh�jectives of WAC 296 -305. Each and every .member of the fire department shall cooperate, participate and comply with the provisions of the WAC 296 -305. Failure can result in disciplinary action. /Z CVNMI FIRE CHI EF Date of Issue duly 16, 1997 Page 1 -of 1. Last Reviston 09/06/91 Equal Employment Opportunity Purpose This policy states the City of Yakima's cotnrnitinent to. providing a working environment free fiom unlawful discrimination_ Policy It is the policy of the City of Yakima 'tip provide equal employment opportunity to employees and applicitnts for employment without regard to a.ge, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy; sexual orientation; and 'any other classification protected under federal, state, or local law. Equal employment opportunity applies to all terms, conditions. quid privileges of employment, including hiring, promotion, transfer, compensation, benefits, layoff, training, discipline; and discharge. Scope and Applicability This policy impacts all Departments of the City of Yakima. Definition$ Sexual Orientation — is defined as in Washington State law. See RCW 49.60.040(V5),, defining sexual orientation as "heterosexuality, homosexuality; bisexuality, and gender expression or identity. As used in this definition; `gender expression or identity' iIicans having or beirig perceived as having.a,gender identity, self image, appearance, behavi6r, or expression, whether or not that gender identity, self- image, appearance, behavior, or e"ression is different from that traditionally associked with the sex:assigned to that persbn.at birth." Reference Documents and Procedures See also Workplace.Auti- Harassment Policy, HR 180.0 Effective Date: 2/112009