HomeMy WebLinkAboutR-2013-007 Fire Code Inspector Services Agreement with Yakima Fire DepartmentRESOLUTION NO. R-2013-007
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.
Micah Cawl y, Mayor
C.
AGREEMENT FOR
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
Date:
,�
y O'R , urke, City Manager
CITY CONTRAC r NO g O�
RESOLUTION NO X 0 0
CONTRACTOR — CITY OF YAKIMA
FIRE DEPARTMENT
By' M
Date: low\ 2 2013
Page 3 of 3
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
2
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
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 1 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
I. 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.vakima.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.yakimawa.gov/services/purchasinq/openinqs/ .
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 (ICBG), or Western Fire Chiefs 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 1 1231-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) Druq-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, 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.
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 take 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 stating 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
informing them of their status.
The successful Proposer will be offered the opportunity to enter
Yakima to provide services. A sample Agreement is attached
(Attachment A). The City reserves the right to negotiate any
Agreement, if it is determined to be in the best interest of the City.
the City reserves the right to enter into an Agreement with the next
RFP 11231-P Fire Code Inspector Services - City Manager
Proposers who submitted packets,
into an Agreement with the City of
at the end of this RFP document
element of this RFP and resulting
If an Agreement cannot be reached,
highest ranked Proposer.
Page 18 of 25
Points
(1)
Capabilities: insurance and bonding requirements,
performance bond, sufficient staff levels,
management and operations plans & quality
control procedures, no litigation or judgments, etc.
20
(2)
Relevant Experience/Key Personnel Experience &
Training certifications, years providing this
service, defaults on past contracts, references
20
(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
informing them of their status.
The successful Proposer will be offered the opportunity to enter
Yakima to provide services. A sample Agreement is attached
(Attachment A). The City reserves the right to negotiate any
Agreement, if it is determined to be in the best interest of the City.
the City reserves the right to enter into an Agreement with the next
RFP 11231-P Fire Code Inspector Services - City Manager
Proposers who submitted packets,
into an Agreement with the City of
at the end of this RFP document
element of this RFP and resulting
If an Agreement cannot be reached,
highest ranked Proposer.
Page 18 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
prosect 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:
o Provide a company overview and history
o Confirm that your company maintains an adequate level of liability insurance consistent
with the thresholds and requirements contained herein
o 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
o Disclose any pending litigation or judgments against your company
• Management and Operations Plan:
o Describe your work plan for providing the required services
o Describe your employee training and certification programs
o Describe your employee safety training program and attach company policies and
procedures if available
o Attach signed Contractor Certification for a Drug -Free Workplace (Attachment B)
o 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
o 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:
o Whether a health care benefit is provided;
o If health care benefits are provided, what percentage is employee contributed;
o What percentage is contributed by the Proposer; and
o 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 out 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%
Service Year 2013 Service Year 2014
$ $
$ $
Service Year 2015 Service Year 2016
$ $
$ $
Service Year 2017
$
$
TOTAL PROPOSAL $
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:
1. 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
Print Name
Date Signed
Phone Number
Fax Number
E -Mail Address
City of Yakima Business License #
UBI #
DUNS#
RFP 11231-P Fire Code Inspector Services — City Manager Page 23 of 25
Compliance with Immigration and Naturalization Act
(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. I 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. I certify that I am duly authorized to sign this declaration on behalf of my company.
4. I 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 additional
escalation factor will be allowed: Proposers`may increase'or decrease;out year prides ,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 breakdownof ,labor:; equipment,
facilities, fuel; materials, toots, .supplies, utilities, and any other.costs used in determining, their pricing,
as appropriate,, Blanks on the Price. Schedule:'page(s) will be interpreted as.,ze_ ra(0}..and no price. willbe.
allowed.
The undersigned 'hereby• certifies that the attached Request for Proposals specifications have been -
ca refully
eencarefully read for the City'of Yakima Fire_ Code Inspection Services. and .submits'for(yourconsideration
the following pricing proposal and required documentation:
Fire C'ode.Jnspection: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%
Service Year 2013 Service. Year, 2014
s_
/75//, 3:0 $ /&2 9.72 „7/
/�...�
$ 7 ) 91), 3( $. /S2) 9.72. 7
Service Year 2015 Service Year'2016
$
/:)?9;5`.?, 7 $ 19 .2 99.17
$ .w/q $: A
$ ./89 595..87 $ 196.E .x`7'9. g7
Service Year 2017
$ 97)2/6 .2.E
$ iV�A
TOTAL `PROPOSAL $ / } 4/ 2 ff
RFP 11231.-P'Eire Code 1'nspector Serie — City Manager Pugc'21 of 25;
Fire Inspection Budget
2613 2014 2015: 2016 2017
Salaries $ 103,311.60 $ 107,584.34 $ 112,311.26 $ 117,073.70 $ 117,073.70
Deferred Comp
Overtime.
'SSI
PERS
Indust. Ins
Life Insurance
Medical Insurance
Dental Insurance
Unemployment
Uniforms/Clothing
MBO
Vehicle Replacement
Oper. Supplies - Fuel
Small Tools Minor Eq..
Professional Services
Cell, Phone
Training
.Mise. Expense
$ 10,000.00 $
$ 7,91.1.72. $
$ 8,471.58
$ 4,364:$8
$ 511..20
$ 25,967.76
$ 2,,179:68
$ 392.88
$ 400.00
$ 1,000.00'
$ 600.00
.$ 3,000:00
$ 2,000,.00
$ 800.00
.$ 1,00000
$ 2,000.00
$ 2,000.00
$ 175,911.30
10,000.00 $
8,230.20 $
$ 9,887'.00
$ 4,365.00
$ 511.20
$ 27,,006.47
$' 2,179.68
$ 408:82
$ 400.00.
$ 1,000.00
10,000.00
8,591.81
$ 10,321.41
$ 4,365.00
$ .511.20
$ 28,086.73
$ 2,179.68
$ 426:78
$ 400.00
$ 1,000.00
t 600.00
3,000.00
1,, 000.00
800.0,0
1,000.00
2,000:00
1.,,600.00 $
$ 3,000.00 $
$ 1,000.00 $
$ 800.00 '$
$ 1,000.00 $
$ 2';000.00 $
$ 2,000.00
$ 1'82,972.71
$ 2,000.00
$ 189, 593.87
$ 10,000'10 $ 10,000.00
$ 8,956.14 $ 8,956.14
$ 10,759.07 $ 10,759.07
$ 4,365:00 $ 4,365.06
$ 511:20 $. 511.20
29,210:20 $ 30,378:61
$ 2,179.68 $ 2,179.68
$ 444,88 $ 4.44.88
'$ 400.00 $ 400.00
$ 1,000.00 $. 1,000.00
'$ '1.,600.00 $ 1;600.00:
$ 3,000.00 $ 3,000.00
.$ 1,000.00 $ 1,0.00.00
800:00 $: 800,.00
1,000:00' $ 1,000.00
2,00000 $ 2,000.00
$ 2,000.00 $ 2,000._00
$ '196,299:87 $'1•974468.28
SIGNATURE SHEET
RFP No. 11231-P
Thp,,prOposer is hereby advited that by sigping this signature sheet he/she is denied to
'acknowledged all FetfuTfetriitt ,contained herein;SahedUle.
.reouirements
_ .
;Mc:WI PAYMENT DISCOUNTTERM&OFFERED _ %,
Flec�iptls hereb;y:, addendum(s)
SIGNATURE OF AUTHORIZED OFFICIAL:(S)
• e?
Pit,614h10
14
Date Signed
. 7(p77
PhOrie NuthiSee-
50?-- 576 - 6354
Fax Jumbe
EMailddress
City'61•Yakima Business License #
3?7- oo5 z 72_
UBI
07sa_t(2,66/
DUNS#
RFP 11231-P Fire Code laspc:our Services — City tvlanager Page 23 of 25
Comptiance,:wiit i Immiigration:atlif.Aturalizatian,Act
ba ; MUNtrt .
1Form,0.6'e tui�ried in°with'P�oposal 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-VFRIFY C:OMPLIA•NCE`'l:)ECLX..RA+TmN;
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. I 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. I certify that I am duly authorized to sign this declaration on behalf of my company.
4; I acknowledge that the City of Yakima' reserves'. the. right'terequire evidenceof..enrollmentoj0e
'E Verify;progran) at anytime and that,non=compliance could 1pa ip,-suspension ot-this contract.
Firm, Name. y d;;Me.. %l;` ., ,'I
Dated `this' (4 day of De ,r; 2U ly .
Signature: M
PrintedName:
Address . J,'I' i'Vo 't,,'T-lt'0✓L 'S.fr-,tc
Phone4t: ,::9197.. 5 Z. to: f %. Email Address: .M 50: PT I.C"( `,�G'�, ,.0 r yo -,k44,44. -
RFP 11231-P Fire Code inspector Services - City Manager Page 24 of 25
PROPOSAL FOR INSPECTOR SERVICES
FOR
BUSINESS OCCUPANCIES LOCATED WITHIN CITY LIMITS
Request for Proposals No. 11231.-P
SUBMITTED BY:
Yakima Fire Dcparthent
401 North Front Street
Yakima, WA 98901.
Table of Contents
Page
EcutiveSiniithary .3
't.:8.perincg:and Qualifications 3
Key Personnel
Subcontractor Duties .4
CompatiyOvt ryiew.and History 4
Management and Operations Plan 4
Heath Care Benefits 5
Tra*ition.and luiplrithentation Plan 5
Quality Cottrol_katt 5
-References 6
Additional Services
2
Eiecutive,Stilusniik
A fire &. life safety inveetion program iS...one.efthe mc,st'important-sprviees a flue department_
can and 'hould pitiVide. The -city council apprOVedt.reOfgailaatio-maSSigning,the,plobtru .undet
the purview of the fiiellemirlinent and funded in the 20 hudgct
Conducting in Spcoti 6tiS'prev clitS tikes iWhich pfoditee damage t� i1diiloSS'itieOnieqo
hnsiness;:owners; uncruployincnt, potential injury•to fire perSo'fitiel, and loss re -venue to the city;
sr,t4tv-ye0s the fire depatthienreofidtieted ifispeetiOnS through
Although ;:som e timplias passed; the:i:casOgnment of-thefire inspection progrp.u'hy the, city
tOutieil ifitO-the frte;-departinenVW4S for the tightreaSori.
We'helieve- we have.theexperienee,and,knowl-PdgPr-taperrerrnlip'sprviep.,as putline4 ii ttIP
seope'Of Work belle oi-priVate 'entity.
Epei-iekce and Qualifications'
The City of Yakima has prey ided rire,anctlife'safety insppetion,5 many years dating haek-to•the
1970gWheifthe Yakima Fire'Dep'artit ent had. 4 personnel dedicated to pre this'-ktv.u.e to
the, equirnuin ty,Fire and life.ofty"i4voctorls, Were. lat0:-eoripthitted'',:b-the-C6,44
Administrationxleprtment until 2011.when dge, to budget redactions the .1* fiJ1:0J41-5.PPPAP.l*-'4,§'
014:014tPd.
Kpy.Pefsniiiiet
lth miih fire preventionsf'the clepaiiuier 111PIP b. Prs,,thrpe, personnel
.thake. up:the fire inSpeetibit disiotL ill 65lisistFof the -Deputy Chief �f StippOtt Services
who: will be responsible for the inip I ern eriAri On and ongoing operation of the and two
inspectors hiwl complete thefire 4,1ifej_spfety:inspections:;
An.invcptor,09 as preyi 94'Jy:lair! pfrin 20ll will :he Offei;ed one of n 5ppcte.i.r positions' . -
The second position will be filled after a recruiting and testing process is CondUcted`h•Ohe
Fiumari Respuree-dep4iinient,
The job de§C-riptien,..i&ad- bythe':c6de.adminiStfatioit depart:then:1 hi-pf0);fioUS years to hit&
personnel will be the foundation for the testing propess.
Tfie,"-piniai...yqii4lifieatinnS in that j010-'41esefiptibitate:
V Must, -possess a valid flue code certification for the International Fuc Code In$titute,
International ,C.7Onferencehf Building C).tii6 41s; ,IsCB0)„,or.,Wc.qrii
Associatioii at the tune ;of 'aPplieatiOn.
Must possess and maintain a 1j.alicrWashl4tqh.Staip Drier's License
V Mist, poa FiiSt ice'rtifiCAte with 'six niontlis,ol'appointine-rit.
NtOpie-oftertifl eiiti Cor in,qieetots4reaVailbl,at,thisihne.as positiOng,bave not been'
Subcontractor Duties
No subcontractors :are planned for in thiS:.proposal.
COinpaii$ OverView.lind flist�ry
The Yakima Fire Departtnent-Was -eStabliSlied in hand became a paid department 1905. The.
depart -Pi enthaS. been Intig-kwn tijiridiiig a wide range. ofserviceS.of the eorrimunity in a
professional' manner including fire and life safety inspections.
At one 'time: the:department employed,5 personnel to provide fire & life safety inspeetiOns. until:
1980 when theresponsibi I hies- wereltransferred to the codes:division of the, city„
In November 2Q12,,:a$ ott. of a tcotartization plan, the.Yakiipa City-eounpitapproved re-
establishing. fire & 11 fe.safetyinspeetions, and directed that those services beprovided,bythe-,fire,
department.
The proof ofli ability insurance istcnfith the thr6siibids and:rNuireirients for the request
for proposal IS; attached.
The city of V.a.kinta'S-2013 annual budget inelndcSfinidingtbrIlle program iir.the.ii ie
depart:pieta' s'inidget.,
There afe,:tio prior-fiitaneial-defaults,,bankraPteieS; or Pendingliitatibir o? j-udgincnt:o.gp.init 'the
fire department.
Management and'00,erktigiis Mari:
'The departnient'S Wiirk plan LS.:C•urreiltly/iiiider creation -Sine& the rebrgaiii5iiitioti WaShfst Month.
It will be presented to the.Fire :chief as pail of the aPproval procesS. outlined in the RFP
EinpinYee,traini rig Will he ongoing Inel tiding tlitigeelaSSesteourSeS 'CoVetingdepartMent pOliefes
and procedures; how to providecllialitroustomer..serVices, hardware and, software familiarization
to. operate :and Yiiitaiii the- departinenf:S records inatinge inciWsySte in, and eiintifitiirigedneatiOn
to ;recertify forreqpired certifteations,
.Attached is :Chapter 4 Seetion 32 frOin the departinent'S'adininiStrative 'policies; which
the safety .fraining,requiremen ts md references :Clta,pter290_31:15 of the Washington
AdthinistrativeCode.(WAC).
'Chapter 296 'Oof the WA( code 'contains the:Standards_45gil bythe,department:'Th? rules of
that Chapter shall apply With respect to any and all 'adtivitieS; operations and equipment of
;employ-ers,and.,cruplOyees inyolVcd in providing fire protection,services:which.are subject to the
isionS:OftheVaShini,rton IndoStrial sitfetyand litalthAetUf '1973';(thapter-49,17 RCW).
'file -provisions of this chapter apply to ,all firefighters and their work places,,including:the fire
.COMbat-rsoefie
4,
The Deputy Chief':of: Support Services will` be responsible to investigate customers. complains
,aiid'disputes: Resolution Would be,:the result ofworking with the clistomet and cuiphycc:
Depending,'on the resoltitiori,.operatioiial .procedures till be iiiipleiiiehtedto'inipro e seryices
Heath Care Benefits.
l•I,calth eare,.is, provided; according to the collective bargaining agreement'' with the American
Federal of:State; (aunty; and Municipal Fniployees, (AFSCMF) Which incliides,general health;
,dental„and' vision Gare. The:collectii ebarga niiig.agt_eement is.attrached.
;\-dour 17% or S28 147 iifthe .total.,saIary'aind'beriefiit`s.`fiitids are lhr health benefit's.
1'ransiiion..and Irnplernentation Plan:
The tine department will begin 20.1 a,; with the liiring.hack of one employeewhose:position was
•climiiiated'due to::iudgetreductions-in.2011:.'Siinul'taneously. we will begin the:process to..hire.
one.additional employee to. fill a second position. This process will be conducted .by the Human
Resiurces.department;;ofthe citt<.
After'both.positions arc.tilled, training.w°ill begin. on the department's web based record.
management system: that tracks and kccpstrecord_of'allinspcctions performed: lrairin.g will also.
include: other city progi=iims as th'e' relate to di=iaier`training departmentpolicies and procedures,
safety,;, the tracking time.,slieets;,:etc:
Computer tablets:. willbe•.purchased h'elp•.ass'ist with the web. based record management, system
with.a goal of reducing costs by goingpaperl'ess. This program. will also redducethe amount of
tiffs ce.tiine, is ins}iecti fi restil'ts; can,be c -ii ailed or priiiidd-out: at. tlic busiitcss, site iriipriiving
sercices,and.:rediicing nailimg;and:office!costs.
Sulii,hes:and rnatei'ials m=ill be. provided through tlic department's etirccnt-purchasiiig system.
Transportation:for inspectors w ill,he prcwyiclecl from vehicles currently;in the departmeni':s fleet:.
Once::approy.ed,Stand_ aid:Operating;Proccdures for the program will-be•a s,.outlined in the F.u_e
Itispectio Manilal.
I',rogra r eontraet oversight.will`be the.responsibility of the.DeputyCliief for$upportScrviccs.
Quality CoiutrolPlan:
It :is iiiiportaiit to rissiire.that inspecticiiis.ate,.ccindu"cted.prufessibn lly.. Different riiethods wilfbe
used following completed inspections,
Sui=vey.cards, will be'senl, quarterly to businesses that'each ingpeetOr conduct fire iiriil'
life safety inspections.
The Deput,rdiief of Silo port; Scrvices;Will conduct site.visits.AO hkisiiiesses`following
i'nspections.to,=discuss•tl eir ex.perieince during the insi ection.
•� :P1ione contact -wilt also be made to reach additional.businesses.
Neptiye....xnnt:nents will beinvestigatpd. and solutions identitiect iohnproveservices,
RetultS:gatheredfrOM thc7Surveys'W-ill be complied to deada report that he-p!'ovided'to the
Fire Chief,Pty.Manatter,
References;
The fire department does nOrcurrently proVide.an inSpectionprOgrara,
kowever,we.do-provide many services'which. include emergency response to .'fire, medical, high
nglloW angle and Water reseueS, We conduct cdueatiOn Class -ES m firepreVeittion
classes to ,the public, and schoplexitdiTills.
In a reccht survey &inducted. by theaity„, the fire.dePartinent received, an 84% approval rating for
servicpsit,provides to 'its,citir4enry,. Thwas.the highest rating:received hy any citrdepartment.
We belieVe a similar rating Will -be received if the department pi -by -ides fire inspections services.
Additional Serviecgt,
Providing -fire safetyinspections,to businesses in the,eity ereatoriany public
edticatibli OppOrtniiilieS. Ins -peek -ifs Will pfoVidedinSWers tb4iiestionslehited to e'reatirig alatPr
work en ii This will geate-safer.envlropments for.employe.es.a40fopciti4ens-who
frecinent.thi.iii':businesses„tO:,ptirchase goods.aricr:serViebk.
Fireinspectors will notify fire suppression -personnel detl cienaps;fOund 'after completing
inSpeetionS that ihaylindel- st.ippressien,aCtivities. That-knOWledgc.Wouldhe-tised tiiglippresS
fires that might:occur until the:-deticieripies are-:mitigateA. Thls:kpowledge will..joss4personnel in
performing their duties.When,suppressingfire and create a.sa`fer work environment during
emergency
Suppression personnel caft riOtify fiteirispeetions early' life Safety-isstes-dis'coVered dudng
emergency incident-S.:Fire ifi§ppctpts. would then make contact with-theliuSiness,Ow-nerstarting
the:process :to .triitigale theideficieney:
This abilityto communicate between divisigns,,,will:result in a sater_community-forall involved,
CITY OF YirUG
ADMINISTRATIVE POLICIES
POLICY NUMBER,.PER;,600,
DEPARTMENT,,Numan Resources AUTHORIZEl7 BY:'_Dick Zais,Gity Mariayei
Sheryl:SmithJIR;M Clam
E-FFECTIVE DATE:"itit4fzom SUPERSEDES:' 04/17/2009
POLICY: SUBSTANCE ABUSE
PURPOSE.
The City of Yakima recognizes that employees are its most important resource and that their
well-being is 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 StatesDepartme.ntbf Transportation.(DOT);,acting.throughthe Federal•Highway
.Administration (FI IWA).and;the Federal Transit Administration (FTA); promullgated„new`drug
and alcohol. testing+regulations. These regulations were.publiished;as49"CFR; Part 653;
•Preventiori'of-Profiibited Drug Uselln Transit Operations,`and 49'CFR`Part'`654", 'Preventiontf=
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 ernpioyees,ofthe
City of Yakima except those: employees covered;under Part It. itis a: condition of employment
that .all employees: abide by the,terrns:of this policy
Part. Il applies ;fb every City enipfoyee whose position requires the `possesslon Of.a commercial
driver's license (CDL) ,eve y 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 A. This list may be,revised andaupplementedas necessary,
PART I -- bRUG AND ALCOHOL:ABUSE .POLICY
Objectives
It is the policy=.of`the' City ofYaki'ma td,provide a drug and alcohol free -work place fonts
employees,
The City'S philbsophy:on drug and ialcohol abuse to.em,phasize training. and rehabilitation.
Counselig.and support.wiltde made available t
hroiigh'aEmployeeAssistance.Prograrn,:and
the>emptoyees"rght tb privacy will berespected''at
all,times:
The-kindWirig sectionsprovide guidelines`fbr'einployeee andauperyi ers'for`the.detection'arid
.deterrence.oidrug and alcohol abuse' in 'the work place. .Detectiorrof: 'subsfance abuse is;
.provided through:;pre-employ,ment°screening; supervisor and.co=workered'ucation, and, where
sreasonable,cause exists0.verified,.testing oficurrent employees. The. standards by, which,such
test:wiil b'e`conducted are sel:out..Acts wli'ich-:constitute a,widlation.of Poiicy Parti: are defined,
and. the1consequences for violation are established.
Education
The; City","of Yakirna recognizes the need'to. provide education and'trairiing in the areas sof drug°
and alcohol.rabuse and the major: factors which contribute to it:;Allemployees:will receive an
initial introductory 4ihour session regarding.,substanceabuse in the,workplace. Thereafter,.: all
,ernployees::will receive an�annuai 120 minutes: of: training on the effects -and consequences of
drugs; arid,alcoho,�in regard;to„personal health, safetyrand[the work environment, and on the'
signs: and symptoms;that•indibate controlled d'rug:and,alcohol,,abuse.
Su ervisors who'may make reasonable suspicion determi
p mations will receivean additional
annual 60" minutes;. of training on alcohol rrmisuwand:another annual;60 minutes'on substance
:abuse annually.. The; supervisor training will.coverthe physical,: behavioral,; and: performance
indicatorsaof proha;ble.alcohol:nisuse and coritrolled substance"use..
The;.City also recognizes:that drug and alcohol abuse"can'be:successfuliy'treated, enabling, ant
employee.to returnto';satisfactoryjob:Performance. EmploYees who are,; concerned' abouttheir
awn
drUg'and;alOohot abuse.:are encouraged to voluntarily seek: assistance through the City
Employee. Assistance Program All,such voluntary requests for assistance will remain
iconfi'dential:
ertiploYee,who has not received.substance.drug.:and:alcohol abuse awarenesstraining,shalf
not besubject to disciplinary.: action, under this Policy Part; I.
Employee Rightsand Responsibilities
The•City.shall not, require an empigyee•to undergo a drug screening# est:unlesslhere:•is
reasonable; cause' to believe the employee is.underthe,influence of a substance;which impairs
j'ob.performance,or which. causes,: the employee,to pose a hazard'toahe safety'of the, employee,
the; public,•or other employees. Nothing. in.Policy Part I.,is„intended-to require,,random' testing of
employees:
Any.volunlary request',by art employee for assistance with.'his or her own drug.and aicohol
abuse problemhwill remain confidential and'hall not be used as'thetbasis fora•ny:disciplinary
action„provide i that the. request` for assistance initiated prior to a drug and alcohol•abuse.
related on-the-job incident.
Each employee;using medically aathorized drugs or• substance`s” which.carr'iri airjob
,perforthancershall-repoit this factAo. his/her supervisor prior to beginning duty, acid shall provide
.prober -Written medical ~authorization to work.<It is.the'employee's responsibility to:deterniine
from thephysician'whetheror not the' prescribed drug Would irripai'r hislherjoti:performarice.-
In a ccordance-with'the'Drug Free Work Place Act df 1 988 :a ndedmplb who is
convicted of any criminal drug statute:for a'violation occurring'in, the,work place:shall .notify the
Human Resource Manager no`•later than five days !after suet •conviction:
Each employee,4ho observes=arh'as, knowledge. of another employee in arcondition :which
impairhislh"er ability to perfar.rn' job duties or poses a had to -the safely and welfare of others
shall ,promptly report:the incident';to 'his/her immediate'supervisor.
Anremployee who,is thesubject;of a+drug and alcohol abuse, investigation,or'.who requestor is
required to submitto.a'Substance:Abuse'Examination in;,accord'ance with this Policy: Part I,. Shall,
be entitled' to• have, a'.U.nion Representative or other observer of his/her'own choosing, present
during:the investigatiori,.,provided 'that such -request for an,observer Ooesrnol:cause an
uiireas riabie,delay„
:Detection
Pre-employment exarninaflon.,Prospective:employees of the City of Yakima shall undergo,.a
.drug ° screening' test• prior to employment: A'confirined`positive`test'for controlled'.:substarices, or
refusal to°•takethe:.examination, will. resulti'n disqualification for employment for a peried,of-six
months
EkarriTiation.forreasonable maybe:7eguiretl,to undergo a Drug and,.
Alcohol Abuse Examination when reasonable causeexists to: believe: themployee-is under the.
influenceiof-a.controlled_substance and the steps. outlined' in_the Supervisors' Checklist. for Drug
arid.Alcohol Abuse.'(AttachmentB,):are followed. The decision, to conduct a Substance'Drug and
Alcohol,Abuse Exainination.shall be made only by the supervisors department head, or• the
department head` -s rnanegernentaevel designee.
Seaccfies of Cityo.wned,pr'operty,.. The City reser;vesthe. rightto ;search, .without employee
consent; all= City -owned property;' and any or area jointly'or fully controlled by,the'-City
when reasonable cause:;ezists-to believe: the-searcli will reveal evidence;of violation of this
Policy-'Paiil;
Rehabilitation
The City recognizes,the valueof trained, experienced:.emplbyees, and, to the•extent it deems
treatment andrehabilitation are effective,, it will pursuethose avenues:.prior to, resorting to
disciplinary measures.
Any counseling, required or -agreed tb under PolleyPart /'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 offSick 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 departmenthead'shall maintain confidentiality regarding the reason for the
leave.
Thecost of counseling.'tlirough the EAP shall be borne by'the City.. The cost of
treatnientirehabilitation shall be.covered:to.the extehtpossible.by existing labor contracts and
the:applicable health benefit plan.
Testing Protocol
All drug, and.alcohol abuseexaminations. required under Policy Part I shall be=.administered ata
facility designated by the City:
The:employee shall. provide•samples of breath and urine totest forthe presence of,alcohol
and/or drugs.. and shall signan 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 employeeis unable to: provide a sufficient:amoun't;of'breath or:a'breath
alcohol technician:is notreadil'y avaii'able..
Whenever the City of-Yekima requires a blood,.and urine sample;. it, shall' be administered- in
accordance; with-the'following., procedure.
1,., 'The blood is: drawn by a medical technologist. The.urine sample is produced by the
employee alone, inarestroom: The medical technologist examines the restroom before
.andafter to:ensure that no, other samples were present and that,no substances. were
'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
employees identification, and.'signs a document which beginsea formal chain -of=
,possession procedure.. Each personwho handles the samples, including the person who
performs the tests,,must sign this, document. When not,being 'handled, the:samples are_
storedin a;locked.refrigerator: The purpose 'Of thi's procedure"is to i_nsure.that';samples
do not get switched durIng,testing.
'3. The laboratory test is:coniiucted in two.steps. The first is ageneral screen test`for the
:major drugs ofabuse:and alcohol usingthe EMIT or:comparable; test. If any positive
result is obtained a second.,t'est 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 aodetermineen:accurate Blpod.Alcphol Level.
ExaMinationresults will.bedliiered only.to thecity Human Resource Manager whO,shall notify
the emplOyeer.S,department head. The results may be made known to other management level.
City personnel whpaierequired.to know for the purpose of determining appropriate : discipline or
counseling but otherwise shall be kept confidential. Provided the Human:Resources Division
has the employ's current address andlelephone: number, the employee: will bp:notified
immediately when the' results:ore received.
Whenever an:examination is required under Policy Part I, the superVispramompanying the
employe shall advise the employee that he/she :has. the rightto requestthat additional samples
of uringand/Orbiood be collected at hislher own expense. The employee.,rnaymake separate
arrangements With the. CAA testing, facility:or another -laboratory chosen and pald.by the
employee, for storing,or testing these additional samples., but the employee will not have the
right to :handlasarnples afterthe donation.
Prohibited. Acts
k,gpciftirid for work while under the influentatifddigs,or alObhol,:tir any SubSterfee which
.
inlpairs.an ernployeeS rneritO1 or .physical capacity.is prohibited.
The unlaWkil manufacture, diStrib`OttdridiSpenaing, Pbasin, or'use Of ebbritrolled
substance inthe work plaCe: is prohibited'.
Refusal th submit to or'Willful Interferendewrith any Substance, Drug;‘and AlabliolAbuSe
Exrr'FhStidn1 required in dedordariCe With Policy Part I is prOhibited.
to notify the department head within fivedayaxifobrivietion.orabrirhirial drtig
statute violatpriin'the work place iS'prohibited.
FailUre-lb attend add cooperate in CoUnselifig when required inebOrd-rdanCe:With
prohibited.
TreatmenVIDistipline
In all cases of suspected;drug and alcohol abuse work place, theetiperviaor,s &Maar-Ice
AbOSaIncideht RopOrt.Shall'be fOrwarded.tb the department:head fOr furtheractibrt.
Ah eMOloyee suspected .of -drug and altOKOI abuse Shall:berelieVed of duty, withr-pay; f011oWing
any required examination, and shall be required to notify the office of hisitier department head
ol his/her whereabOuts at all times for -the duration of thejrivestigetion: The Hurriari, Re -Sources
'Manager -arid the deparimenthead:iAiill determine the boUrse of treatment Or disciplines
provided beloW.
EliSciplinaryabtitin reaulting.'frOmenforcementof Poky Part I, shallbe in abcordante.with
appliCable:bargaining:agreerrientS„Zity,AdMinfstratiVe:COde; and CiVif Service
established grievanee procedUreSenall apNY.
The.erriPhOSISOf'POliCY Part I it tegihie0. and ;rehabilitation'. Disciplinary action forjbtirrnitConduCt
in violatiOh of this Poliby.Part I will be'irripo-Sed up tO and intkidinq terrnirfatidn.When an
ernplOyee-doeS not make use& an approved treatment.cipportuniV-and.t,he Citylihds.di8diplihe
baari:e'PprOpriefefespontatolhe.:MiscondUct: An employee who has had treatment through
the:EA!? and who subsequently commits miSconductin violation pfthis PolicyPartF may or may
riot be offered another opportunity for treatment in placesii-disCiolide, depending on the,
seriousness of the job miabphductend the lapse &limp sincelast in treatmentthrough.the EAP,
AS required by, the Federal Dry g .Free'Wprk Place Act of 1988, (Pub. l.000.Title V,
Subtitle tf),, within 30: days)ef:the'cktys 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 terMihatiod,o(leqUireobietfriplOyeb to paeticip0-qa4WOrily,lh
drug abuse assistance or rehabilitation program approved by'afederal, State, .or local health,
law Or:Other appropriate agency.
'SaVingS,Clad:Se
Itis UnderstoOd-thatall•prOVisions cif Polibylpartlare subject tO'applithble Federal' State,,,and
Lbtal laWs1 and if any,,prOVision of any section this agreerherit is helefPUhd t�, be -in conflict
thereWith, said ,proViiionthati 'be�id. HOWeva(, such iriValiditythalthetaffedtfie r-eineihing
SeCtiOnS'of this Policy Part
PART DRUG AND ALCOHOL ABUSE POLICY
Prohibited Alcohol -Related Activities,
1?- NO,empiloyee-,IiPlItepori. for duty otremain'omcluty requiring:0'e pefforniante of safeti-
senSitivOunctionsJ.While having en alcOholconcentration of 0:04 or greater,.
No emPloyee,shalfbe.permitte&to workfolloyvingranalcoholte'sfreso Itinditatfrig a
concentration of 0:02 Or -greater but less than 0:04 until the emplyee!s,'alcohot
concentration measures less than 0r.02.,;and the,.start,of the employees next rpgulaq
scheduled Shift,(laut.nottesathan eight(8)Thoursifollowjng the AdrriiniStratiori.e the-teSt).
N'pernployee,shallusecorp,pssess,ploonpldpringwork.
No employee shall perform safefy,sansjtiva-.4undtions within four (4), hours -after using,
':No employee required to ke,a ,post-accidentaloohol test hereunder shall pse,alcOtiol
'for -eight (8) hours following the accident or until 'he/she undergoes a post -accident
,falcohol test; 1/vhiCheverpcours
tsiperriployeshall,retc.,isclosubmittaie posttaCcident-random,,Teasphable,s4SpiciPn,
:retc4rn-to,:ciuty.,pr,,follow-up-alcohol-testing,..
,3,5uperviagr"haying,actualknowledge,of pp-dOtyalcOol use,orpre-duty'usewithin,the
-lour .(4) hours prohibitectIlmeperiocppy anernployeecannotipermitthatempipype to
continue(perfOrrnsafety-sensitivelynctions
!No,emeloyee#ho is•4!On-call".shali ,use",a1COnol.during the'specified,on'tpall hours. The,
,supervisor shall provide the:employee,en.ppportt.inity tp,acknowledgetheuse of alcOhdl
at the time is called to report duly:anathe'ippOility to drive and/or perform
saMty sensitive functions The employee will be required tp:takepn.picohol'te011..heishe
acknowledges the use ofalcohol et the time he/she reports fOr duty, bin 'dein-is:the-ability
to drive and/or perform his/her safety-seristtive functions.
Prohibited Controlled Substances-AcilvIties
,).%, No employee shaft report for duty or remain on duty while under the influenceotany,
controlled substance that could impair work performance,
);-- 'No employee -Shall repOrtfor duty, rerrikn. on duty, and/or perform a safety-aerisitivp
fUncticin if the .employee tests.CoSitive for controlled substances.
employee shall reftfse to Submitto controlled subStaricesieSting.
No.employee Shell illegellyttianufaCture, diStribute, diSpen$6,,p6Psess,-.or use any
,controlled subtterice iiitheWk. place.
Pre-EmPloyenent Testing
All prbspectiveernployees Who have beenAiveri a Conditional Offer of employment witrytheCity
for a position covered herein and current employees transferring from a hoiriCOL or Port -safety
sensitive position tO.:6 position covered herein must undergo and pass a cor)trolled:SUbStatices
and alccilibl test. Receipt of setiSfactorYteStreSultt IS required prier to emplOnnentin ortianPfer
to a'biliplo9ttient poSitioridovered herein. Prospective or trentferring erriployees:whosefUse to
take.the Controlled subStenCeSand aldeholteat or whbtest poSitive'fbrohe or rnoreof the-
cbntr�lled subStentes-;shall be considered'ineligible fOr City ernPloynient pbaiticiriSetiVered
herein for six:MbrithS. in. accordance With 49 CFR Part 40, Section 655.41(a); (2):, When a?
covered erriOlbireetirappliterit has ,preVIOUSIY failed -or refused aPre-eilipleYnient.drug teatarid
adMinittered under this:,part„the erriplOyee must preividd the et0loyer proof
Successfully trimpletedaseferrai, evaluation andIreetment,plan as described' In'Section 65562
Pre-erriploymeill totitiolledtuhstaittes testing is not to be limited to the Centrelled:SUbStandeS'
definitiori contained in:this POlity Part 'II, and may include testing for other Controlled substances
such,esdepressantS,and,fieliuoinogons.
Random Testing
Ernployeescovered hereunder are subjett 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 calendar year, or a sufficient number of employees equal to an
annual rate not lesslhan the minimormannual percentage determined.* the DOT,
FHWAror FTA.
.At leatt'50%iof.the average numberof covered 'employees.shail undergoSandorti
controlled substances testing in each:Calender year, 'ora ,PLiffidient number Of effiplOyeet:
equal lean annual ratenot less than the minimum -percentage determined by The DOT",
FHWA,:Or FTA.
.); An employee shall be Subject to random alcohol testing while theerhployeets
perforrhirigsafety senSitive functionS; just before the employee 'is perforniing Safety4
terititivelunatipns, or just after he .employee has ceated-perforniing sefetysensitive
fUhctioht.
'Mena bove(eTerYiplOyee.Or',apOkaht has not perkirrned a safety-SenSitiVelutietion.for
90 consecutiVecalendar,dayS regardless ofteasort, and the employe e haSliotbeert in,
the employer'S random.selection pOolduring that time, the emPltiyerShatteriSure that
the employee takpta pre-ernploymentdrug testwith a verified negative,result. (49 CFR,
Section 655.41 (d).
The,setectiondrpMployeesi:fOr random alcohol and controlled SOhttarices testing shall,
be made by.a scientifically valid method, such as a random number table or a computer-
based randoin.nurriber;genprafor that is matched with ernpleyeet! Social Security
numbers payroll identification numbers, or other comparable identifying numbers Under
the .selectionTrocess used, .each covered employee'shati heye.an equal,phance.of being
tested each .time selections are made.
Random alcohol and controlled substancos'iestsishall be unannounced and thedates
for.administering such random tests shall be spread reasonably throughoutthe' calendar
year.
Employees'Wbo are notified of selection:for-random alcohol orpentroliedsobstarioes
testing shall proceed-tp the test sitelmmedialely;. provided.„ howeverl, that if The
employee is perfOrming a safety sensitive function at the tirne.ofhOtification, the
employee shall cease to perfornithe.safety-SentitiVe function and proceed to the test
site .as,socin.as possible',
Reasonable Suspicion Testing
Erriployeeovered hereunder arP.subjeCt to reasOnable'sbspiCiph alCohoi.and.controllect
substances testing in,acsondance With thefollowing:
t.i,ndet'FIAaytherity, Safety,SentltiVeetriplOyeet.a"re St.i0j1PCOP a fitness for di.4.
evaluation i drug'br;alcohcil, test, when there it.a reason to suspect they are
under thp:iiiflue,pce6fany,cif the prohibited drugs or alcohol ithrhediatety:-•phor; during, or,
'immediately after perfbrmi'ng job d4et or.viihile..On the prOperty.
,An employee shall submit tpalcdhol and/Or controlled SuystanCetest whenever a;
:supervisor or manager has reasonable:s4sOibiont0 believe that employee is under
the influence or impaired by alcohol and/or a controlled substance. The employee shall
13elernoVed Om duty imniediate!Si in order to' undergo Saidtesting.,
,A sUP,erviSor'S Manager'S:.deterrriihatibri that reatOnableSdSpiCiOn'existS for elobhnl
antl/or controlled substances use shall be on specific ; contemporaneous
articulable observations concerning the ap`Pearanoe; behaVitir,,,speeth;:oriwoi. body
odors of the;SUSPeeted"employee. The required observations must be made by a
.supervisor or manager who it trained in the detecting the symptoms of alcohol misuse
and the signs arid symptoms of drug use. The supervisor shall make a,Signed written.
ireOo.rd'of'hiS/her.69pervations,withfrt 24 hours of the observed behavior or before the
testi l'esults are released whichever isfearlier.
An employee is.only subject to reasehable'suspiciori alcohol testing only if the -required
observations are Made during, just preceding,, or just after the period of theiwork<day
that:the employee is required to be in,compliance.with this policy
✓ iAn erimpleyee "shall only be subject to reasoriable_suspicion:alcohol testing while the
employee is performing safety -sensitive functions; just before the employee is'to• perform
safety -sensitive functions, et just:after the .employeeihas ceased performing.such:
functions_.
• NO ertiployee Shall•be subjectto reasonable suspicion al`cohol'testing later'thaneight"(S).
hours following the determination that reasonabl'esuspicion.exists, to require the •'
employee'to undergo.,such test.
▪ Reasonable,suspicion controlled substances,t'estingis not limited'to the 'controlled'
substancesr.definition:contained in this Policy Par(11, and may include testing for other
controlled substances -such as depressants:and::hellucinogens..
The supervisor orma.nager-who makes the determinationithat reasonahie suspicion
exists to conductan.aicohol t'est:shall net:conduct the alcohol test of the, employee.
The direct supervisorof an iemployee shall not serve as -the collection site pet -sorrier a.
reasonable suspicion-controlled.substahees,test of an employee.
'Post -Accident' Testing
Procedures: The, FTA criteria for a covered accident after'which. drug and alcoholtesting must
be conductedi, is as.follows.�Acciden't means. an, occurrence associated: with the=operation,.of a
vehicle, if as.s. result .(1)an individual dies,, or.(2),en individual suffers bodily injury and
immediately receives medical treatment away from the scene of ;the accident; (3) with respecl.io
an occurrence in which
'the mass transit vehicle involved'iisa bus: electric bus, van; or automobile, oneor more vehicles_
(including non=FTA funded,. vehicles) incurs disabling damageiasthe�,result of,;the occurrence
and such vehicle;or, vehicles: are transported away';from .the scene byra`tow truck,or other
vehicle; or(4)•whichi respect,to an occurrence in which the mass. transit vehicle, involved isa:rail
icar,,,trolleycar, trolley bus,. or vessel, the mass transit, vehicle is.remov.ed''from operation.
Employees covered hereunder are•subject'to post-acciidentalcohol and 'Controlled substances_
testing in -accordance with the,following:,
Y- FatalAccidents—As soonias practicable following,aniaccident;involving.theiloss of
human •lfe,.and. regardless of fault, each surviving employee performing safety -sensitive
functions in'the subject vehicle at the time of the _accident,'andany other covered
employee whose performance. could have contributed to the accident, shall ibe tested' for
alcohol and controlled substances.
Non Fatal Accidents —As soon as practicable fello'winOn accident not the
loss°of:human life, each employee performing. safety sensitive functions in the subject
vehicle at the time, of-the,accident who received a citation under state orlocal law fora
moving traffic violation arising from the-accident,.and any other covered employee
whose performance could.have contributed to the accident, shall Oe *tad alcohol
and,controlled substances.
If a PattiaCtident-elebhbi test iS not administered Withirftwo(2) houref011bwing, an
ebtident.the:sujiervisor of the'employee.Shall prepare:and maintain en file zafetord
slating the reasons the-test`was not properly administered, If a said test isnot
.administered within eight hours (8) after the accident the:supervisor:Shall cease
!attempts tb.heye the alcohol testadministereband•prepare and maintain. on file a'record.
.slating the reasons the test was notdone within said eight (8) hours.
If a post,accident controlled substances test is not administered withinr82 hours of the
-accident.thesupenifsor
shIF cease attempts to hav,e4he controlled .substances tel
:administered and prepare!and maintain on filea.recordstatIni the reasons the test was
not done within said 32 hours.
An employee sobject to pot-acCidenttesting Shall remain readily available fOr.sych
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 theaccident
scene for the tiiTlp,pOripd,rebutred to obtain emergency assistance
Return -to -Duty Testing
eMPlOyee'vkitio:fia-s.engaged in' and/or vithlatedtheelcohol end/Or controlled subStanceS
prohibitions shall nbt'bealtd-wed to return to duty requiring performance or a safety sensitive
function until thateth-plOyee has complied Withthe folldwing.:
If the employee has violated the,a1Oblibl prohibitions; he/She Shall!underg'iya fetbrh-tb,.
duty alcohol test with a result indicating an alcohol 'COndentratioriolleSs.'than I102„and
the staIf 'provide a trUecOpy of the reitestleSbitS to nig/her supervisor;;
If the ern0169;be tie -S vibletedthe cbritkille&Subslanoes pkihibitibria; h'/she shall
underga.a retbrn46-buty controlled SUPStarfces test:with:a result indiaating.'averified
negatiVe.reSultfor controlled SubStanceSuSe; and the/emplOyee•shall p`rOVide,a true.
copy of the tett re-StiltS td.hiSitier sUperVisbr;
The employee hasteen evaThated by an SAP Who Shall determine whataSSiStanteL, if
any theerfiplOyeeneeds.fri4eSOIVing prOblemSessOdiated with alcoholInisuSe arid/or
Cdritrolled tbbstandeS'uSe;
The employee hascomplied and-relnainS in,corribliente with' any, and all SAP
preScribed/redOrnitended rehabilitatitin and/ortrealmentolograinS;
The erriOlOyeerilay'reOuest,paid Or unpaid adininistrative;leavei'brUSe:any
accumulated leave th order to' partidipate in 'a n SAP eValUation. and to cOMPly 'with
presCribed/reCoMMended rehabilitation and/or treatment 'prograrns..
..Fpllow-14-!Testing
Upon CoMpletiblidfaSAE prescribedireCOMMended rehabilitatiOnf andier treatment•progrirn
ancrsuCCesSful return,itO:W-Ork,, 'an eiinPloyee.Will be,subjecttefollOW4.10 tetirig"ftci'alcohdl and/Or
Coritr011ed'SubStanceS. An efilplOy,ee Shall be subjectIolollOW,Lp alcohOttesting?.brilywhen the
perforenirigsafety.,SenSitive functions, just before -the employee is t&perfOrm'Safety,
sensitive fundtions, or just'after theemployee has ceased performing safety -sensitive'. functions
TheSAP'shall determine:thefre4uency.and duration of the follow-up testing, butsuch shall
consist of+at least six- (6),(nannounced tests in the first twelve months (12) months following the
employee's return. to duty 'After that period oftime,..the SAP may,reco„mmend,.additional follow-
up testing,;or termination of follow-up testing_ Follow-up testing, shall not go beyond sixty (60)
month`s-after the employee return to duty.
Dilute.Sarinples
'Under the City'of'Y kima:policy and authority; any employee p'r6.viding'a urine specimen that is
determined to bedilute:Will be required to provide anothervrine specimeri: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 retesting policy
shall pertain to pre-ernployrrient1pre-transfer,.random, reasonable suspicion, post accident end
return to..duty testing. A seconddilute'sample in pre-ernployinent•testing .can resultin denial of
employment.
Rehabilitation and, Counseling
The .city offers'employees the useof counseling and, rehabilitative services pursuantto
coverage: limitations; and: in accordance with the terms of'its benefit programs. Employees'are,
personally responsible for seeking, treatmentfor alcohol and/or controlled substance
'dependency. Any voluntary requestby'an employee for assistance'with his/her own:alcohol'
and/orcontrolled substance. dependency will remain confidential and shall not.be used
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
.substancesfest.
The cost of counseling services 'through the Employee Assistance Program'{r'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 thedePartment'heed for authorization for additionattirneoff. ,
The employee may request additional speld paid orunpaid administrative leave or use any available
accumulated' leave: in order to partrcipate in extended counseling and/or rehabilitation If the
employee requeststhat the purpose ofthe leave not be disclosed to his/her immediate
supervisor, •the department ahead shall maintain ,confidentiality.. regarding the;reason 'for the
leave
.Prescription Drug
The _appropriate use of legally, prescribed,drugs and non-prescriptionmedication is, not
prohibited. It is however the employee s responsibilityto inform -the physician. of the
employee's job dutiesand .determine from thephysician,, or other health care professional,
whether or not:the prescribed drug may; impair their job'performance:or mental or motor
function ,lt.isihe. responsibility,of-the'employeesto;remove themselves•'from service if they are
experiencing anyadverse effects"frorn medication.
Employ.ees'are required to report the use of medically authorized'drugs;ocother substances
which':can impair job performance:Jo his/her supervisoraand'provide prop,erty'written medical
.auffibrizatiOn toWork fibril PhysiCian. The employee isnot required, to clisplpse_to: his/her
SO-peryiSor the SpeCifiCiriediCatiori Orebriclition-WhiCh necessitates the rriediCatiOn.•
•Failure to report the use such drugt, or failure to provide property evidence of Medical.
authoritationney retult in disciplinary action.
Additidnal.ErnploYee Rights and Responsibilities
.An ernOlbyeebrappliCantYWho wishes to challenge a positiVeditintrolled test rputfde so
within.72'hOursOfinotifiCatitin Of the pdsitiye reSult. The erhplOyea.otapplicarir niust
ribtify.the MRathat,..heitriewitineSta'Challengethe.tett retult'The re -tett mOt(be
prOcessed,atg)edartmeritof Health arid HOrnari.Servidesncertified laboratory: The
ernployee;Will..b&stilely:reSponsiblelor costnecessary for there4est.
..Atl,ffrployep. required hereunder to undergo random, reatonabletutpicitin,..br Ott-
accident'aieohol;and/Orcontrolled substance 'testing .shall be put on paid administrative
leave:forte jime-period necessary for conducting said.tettinglfthe results of said
testing are.positivethe;employee may request additional paid or unpaid administrative
leave,. oruseany available,accumUlated leave in ordertoparbdipate-iman SAP
evaluation and to comply anycorrespondingSAP prettribedIreobtmended,
rehabilitatibn and/or treatment. programs.
Any voluntary -request byan for assistance jti hisinerpytip-substericeabuse
problem wilremain ,confidential and shall not be used as a basit,:fOr:ditciOlinary action,
provided that request for assiStanbe. is initiated priorta;atubstepoeabuse -related
on-the-job incident or an alcohol .br.coritralled,.substances.lett that concludesin a
potitiV,eresuit.
imaccordance,,with.the Drug Free..WOrtc Place Act of 1988 an employee who is
convicted of criminal ,drug:statutefOra, viojation,occurringtjhe workplace shall
-nbtify.the 'City Personnel Office .nolater.tharr f(yedaysaftersilch,conViction,,
.610)erriployee.vt'rhbObserves,dr hastmowledgeotanother employeet a.condition
which impairs his/her ability to perform jobidutjes.or posesa.nazard to the safety and
welfare of others shall promptly report the incident to his/her immediate superVitor. To
the degree possibie„.therePorting.einpIoyee':0 identity will be kept confidential
r- The City re:*vet3he,r,signtlo search,-without-emoloyeeconsentall Oty_DAyrkpd, pf9pptly,
qnci.9ny property or, area jointly or fully c9reirgljg,c1 by the City when reasonable suspiCioh.
exists to believe the search will reveal evidence ot-a.ViOlation of Policy Part: II.
Discipline for Positive Test or Refusal to Take Test, Cpmply:v40 Testing Procedures or
,orri Viljth SAP
A,00iiiirp: Controlled Substance lc -At and/or an alcohol test ihdigatingfan alcohol
,..concentration of 9.,:.02'or more shall be considered. jutt-caute'for disciplinary action in
accordance With the CivIl Seryiqq Rules& Regulations
Ifan employee,refuses to take -a required alcohol test, therevkbe a presumption that
the employee has a blood plcdhOlconbentration-of 0,04.pr greater If the employee
refuset.tota0.a required controlled substances test `there thpil;be-a presumption tha
the employeatests positive for one otthe .controlled subistancesi Refusalto submit tea
irequired.alcohol and/pr controlled substances testshall be considered -just cause for
.disciplinary.action in accordance wiih. the applicable Labor Agreement and Civil Service
'Rules & Regulations:
.> !fan:employee refuses .pr.fails to comply with testing procedures, it-shall:be considered.a
positive test. The procedures are,as fellows:
• Fail to appear for an'y test Within.a reasonable irne, as determined bytheemployer
• 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.ta4.
• Fail to sign the certification at Step 2 of the ATF
Any attempt bliYah erhPlayeele tarn* with -a uilne,sarnple or Othe(WiSetastruCtthe
teSting process:shall be Considered just CaUselar disciplinary action in accordance with
the applicable Leber Agreerneritand Civil.SerVite RuleS &:RegulationS
The refusal of din...ernptoyee toipartitipate in an SAP eValuatiOrratidicircoMptyWith.any,
corresponding SAP .reCOMmended/preScribed rehabilitatiOn..andlOr treatment PrograMS':
Shall be considered jut cause:Jot diSCiPliharyectiOn'in aCcbrdande With theapplicable
Labor Agreement and Civil Service Rules. & .Regulatiorts.
Collection arid Testing .Pniced tires
All alcbhal andteritrdliedisubstance testing shall cOmply, with DOIT's PrOCedurefdr
Transportation Workplace Drug Testing Programs, 49 CFR Part:40, These
Proceduresiare designed toariSurathe accurady, and iiitegritytif the leSt reSults and include
screening tests; confirmation tests Chain Of'custocly,saleduards, anda,pprOPriatepriVaty 'and
confidentiality prOtectib ns.
Controlled substance testing will normally by performed by urinalysis ata test laboratory
certified by the U.S Department of Health ,& Human Services ( OHHS'i)., The test involves an
initial screening performed by"ihe'erizyme.roultiplied immunoassay test(EMIT) AnytpOsItive
testis then confirmed by a second test ofthesample by Gas Chromatography/Mass
Spectrometry (''GC/MS").The City'S..designated MROfshall receivearid interpret teSt results and
report Mem to the City.
PriOritO reporting a positive test. result, the, MR0 shall give the employee.an opportunity ta
discuss the test'resUlt. If the employee meets with the MRO and fails to present information
affecting the testresult, or ifthe ,employee -refuses to meet with the MRO; the .MRO wilt verify a
positive test and will ,inform the City Personnel Officer ona:confidential basisithatithe
employee tested positive. The MRO will also inform the employee at the lime the Lest result is
verified that he or she: may requesta 'retest at their own expense within 7,2 ihour&, Upon
request the employ.eeishaltbe given a copy of the positive test results
AlbotidtteSting:Willflormally be performed by a trained breath alcohol techrticiar4"BAT').utilizing
an evidential breath:testing device ("EBT'). Testing Will, take.placaata:site designated by the
City. The BAT will inform an employee of the EBT results at the ifithe.sareening
test shows an alcohol concentration of gr,eaterthan.0.02,,ia confirmationlestwilipe.conducted
within 20,MinuteS Ofithe screening lest Iftheconfirmation test:shows-eh alCohol:contentration
of 0.020 or greater,.the BAT will•showthe employee the printed teat' results and shall notify`the
City- Personnel Officer of the, test results.
In limited situations, such. as where it is not.posaibleao 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 ofirecords
regarding. alcohol and controlled substances testing. The type of documents that mustrbe
retained is lengthy and is listed the DOT rules -arid regulations.
• Retention Period,.of`Records.
• The following records shall -be maintained'for,a minimum of five; years:;,
Alcohol. tests results indicating an,alcohol concentration of 0.0 or,,greater;
ci Verified positive coritrolled substances:tests;
Documentation of refusals' to take required alcohol and/or'controll'ed substances
tests;
o EBT calibration documentation; and
Documentation of employee evaluations and referrals bySAPs'.
• Records related to.alcohol and:controlled'substances collection,process and training,
-shall be,taintaihed fora minimum of two years,
• Records..of negative and canceled controlled substances tests and alcohol tests.
indicating an alcoholicancentration of less than 0.02 shall be=mainteined for
minimum of one year
• Confidentiality.
'• All records required to be.reta'ined, under DOT rules and regula. tions.shall be
maintained in a secure location with controlled,access;
• Only City management representatives with-a"need=to-know" 'responsibility"will .be
mad'e'aware.of substance abuse situationsor.testresults.
• Ezceptas required.by law or expressly, authorized, the Cityshall 'hot release
information that is contained in records required to be maintaihed.underth'e DOT
rules and. regulations
•' Upon tinrritten request; an employee may obtain copies of anyrecords pertaining t�
the%eriiplo,yee's use of conirollad substances andtor alcohol.14'
• All results.of alcohol and/or controlled substarices testing cdriductedpursuant to the
DOT rules and regulations shall 'be made available. upon request, to appropriate
government officials having regulatory authority over -the City arid1ts employees.
• The City shall provide copies of records:retained hereunder to potential employers
when durrenl 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 atleast.2 hours of annual training
on the effects and consequences of controlled substances!in regard to personal hearth,
safety, and the work environment, and on•the.signs and symptoms that indicate
controlled substance use.
• 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 Departrnent,of Human Resources is responsible for takingthe necessary steps to.
ensure that employees, supervisors, managers, contractors,. suppliers; and others who maybe
performing work, or providing. services on City proPerty, or: on behalfof;the City, complywith.the
Policy.
Savings Clause
It is 'understood'that all provisions of Policy. Part Here subject.to: applicable Federal, State, and
Local laws,, and if any,provision of.any section of this agreement.is; held.orfoundao'be imconflict
therewith,.: said provision shall be void. However, such invalidity shall not affectthe remaining
sections ofthis,Policy„Part II.
DEFINITIONS
For the purpose' of this policy, the following terms have the meanings'indicated:
Accident— Accident means an occurrence 'associated With the operation of'e; vehicle if; as a
result:
An individual dies;
An individual suffers,a bodily injuryand immediately receives, medidal-tneatmenf away
from the accident scene;
Y A vehicle sustains. disabling damage and'is transported.away from the accident -"scene by
a tow -trucker -other vehicle; or
> A revenue Service vehicle is removed from revenue .erice
Alcohol -AlcohOl rneensJhe:Intoxicating agent in beverage alcohOl,athyl altohol,•andfor other
low molecular weight alcohol including methyl andisoproPyl alcOhol.
.Alcohol Concentration/Content - Alcohol concentration/contentmeans the alcohol in volume
,ofbreath expressed in terrna‘of grams ' of alcohol per:210:, lifers r of breath as indicated by an
evidential breath test,
Alcohi Test —An alcohol test is'a test conducted by a Breath Alcohol Technician, or any other
person approved by the Department of Transportation rujes, using an Evidential3reath.Testing
Device (EBT).to measure the amount otalcohOl concentration in a volume of breath; provided,
however, that -a blood:alcohol test may belysed instead of:a breath test whenien employee is
unable to provide a suffiCierit amount of breath Or a I5AT is, not readily available.
Alcohol Use Alobhol use Means the tonsurnption.of any beVerage, rniicture, � preparation
inclodingany medication; centainirig-101cOfidl;
Breath Alcohol TeOnician - A Breath Alccirfol Technician (BATjt n individilal who inatruCts-
and-assiats individuate in the atcOhol testing process anal-:opetateslp-r clovite*
Corrirriercial Motor Vehible,-.A cornrriereial motor vehicle'rneans a Mot-dehicle& a
CombinatiOn of rriotOt Vehictea used in ComMerce to transport Passehgera'and/Orprdperty if the
motor vehidle:
Hasa grots.Weight:ON6,001 cit t'ilote.podnda, -inbludingcornbined weight if toWeiftn'it
haS agrott venielefWeight rating of more than 10,000. Pounds:.
• IS-deSigned to transpOrt 16 or More.Paasengers!,;.irioluding,thedriver; or
• Is of anMizeandis uSed.,tOiran-spOrt MaterialaJoUnd-tote hatardouslOr-PurpOseS of
the Hazardousnaterials:Transpertation,ACt and which require'theMcitohiole tobe.
platarded underthe i,lazardous-Material- Regulations ,(149 'CFR 172, subpart F).:
Cdnfirtnalion TeSt -
> ForalebhOlteating.-ationfitinatiOn test rneens'.e 'Second teat. f011dwing a .abre'eningleat
WitiVwreault Cif 0.02 or greater, that provides Opahtitative dateof alCbhof Conteritratio'n.
• Fortehtrollerfsubatanbea testing, a confirmation test r'neanae:seCond'analytical
orbtedute tibideritify the presenbe bf •a_apecifiC.Controlled-subStanee or Contt011ed
subStente Metabolite inthiCti is independentbfthe SCreeraest and which USes.a.different
tethhittueand chemital principle -from thatofthe'screen,test in ordertdensure tenability
and accuracy.
Contr011ed Substance- substance .whOse.-disSeminatiOn or use is. controlled' Wiegulationbr
statute; including, 'butPbt limited to alcohdl, narcotics, depressants, stimulant,'hallUeinegens,
abOoarinabit.-(Coritt011ed:Substances inctude•cOcaine, Marijuana; opiates, amphetaiiiihea;
phencyclidine! and any Other substance determined by the DOT or its agencies to be'a
controlled:substante...,.secendOefiriition?)
:Controlled'Substance Test-- A mefhod':for determining the presence of'controlied stibstances.in
a urine sample using a. scientifically reliable method,performed:in accordance:; with. procedures;
specified ii— 49:CFR'parti40, ;as amended
Conviction— finding of``guilt,(including a plea of,nolo contendere) dr imposition of sentence, or
both.by an:y judicial body charged with theresponsibility to determine violations of Federal,
State, or City:dn4laws.
Counseling— paitieipation'i'n,a substance.'abuse,counseling:program provided;through,the'city
of Yakinia'.Erri,ployee.Assistance Program (EAP):
Criminal :Drug. Statute.— criminal law involving themanufacture, distribution,: dis pensing, use or
possession ofiany controlled substance.,
D�ug:and.Alcofiol,AGuse =the use:Of a substance, including medically;autheiiied drugs, which
itnpairs job performance or poses. a hazard to;the:safety.arid',Welfare,of th-e employee, the
public;, or other employees..
Failing:a'Gbntrolled Substance. ar-Alcohol Test= -Failing a controlled substance: or -alcohol. test
means thatth-e controlled' substance oralcohol test -showed positive evidence of the presence of
,a:controlled substancebr,alcohol in an e'mployee's'-systern that -is at or abovesa;deterrtiined,
.threshold level. This determination shall b-e..made by theCity`MRO underthe same -standards
as;passing a,substancerlest. Failiing.a substance lest shall be referred es—testing Positive."
Employees -who refuse to,takeaa;substance test. when- requested .to:'do so: shall.be considered to
f ave:feiiedthe.substance test.
•Evidential; Breath Test'Device-AnEvidential Breath Testing Device'(EBT) is; a;; device( approved
by the National; Highway, Traffic-'S'afety-Ad'ministretion(NHTSA). and placed:on the NHTSA's
ConformingPro.dudts:List''(CPL)'and is used forte testingof'breeth for -the presence ofaicohol•
Medical Reuiew Officer-- 4t'Medical Review Officer(MRO) is•a licensed physician; (medical
doctor doctor of osteopathy.} responsible. for•receiving..laboratory results generated by the
.Citydrug,testingrprogram'who has knowledgeof substance abuse disorders,and has
appropriate medical. training to: interpret. and evaluate an' individual's confirmed positive:t'est.
result.togetherwith hisor'her medical'history and any.otlier relevant biomedicaf'information.
Medicaify,Authorized:Orugsor Substances — drug or,,,subst'ance,prescribed,b,y a licensed
practitioner/ph,ysicien.,or dentist,for use in the course:ofmedical,treetment,
Passing a •Controlled Substance, Test - An individualpasses,a..cont'rolled.substance test,when5a
MRO determines,, in accordance.with thwDOT procedures, that'the.results.of-the,testi
y :Showed ,no.evidence,or insufficient -evidence -of a controlled substance;or:controlled,
substance metabolite;
Showed,evidence•.ofa,controlled.substance or controlled substancelmetabolitefor.which
there.is a;legitirnate,medical explanation;
'Showed evidencer'gf,a,controlled.substance or controlled substance4metabdlite below a
.determined``threshgldlevel; or
-Weresuspecteecausaofirragularities in the administration of'thetest, 'or Observatiorvor
custody ani:f.control procedures
Passin,me-controlied'subStance-tes(shail:be referred to ,ass -testing negative;
,PassnganA(cohdlTEst-Passingan alcohol test means that the.],alcplip1 teat.,reselt shows[an
.alcohol concentration of less than p:94 :Passing aryalcohoftestshalfbe referred
negailye.!'
Reasonable cat/Se-Ali ofthefeetS.and eirednstanceaavailable- atlhetiMe of an incident,
which would lead any reasonable peraonto. the same coricfutitin.
Refusal employee 'refuses to submit tO analeoholercontrolled substances test
when the employee to provide adequate breath or urine for testing without a valid medical
e5cplanatiOn, b7 the ethployeadrigaget ih cbridoetthat.Clearly obstructs thateSting,proteis',
'R&terueSei-ifice Vehicle A•Vehiele usedto transport farapayinglpassengers, including a bus"'
br trolley bus..
Safe64SenCithiPb:sition -.A Oositibn thattedUireS•the performance of One of the following
tafetSi-SenSitiVe fenetionS:.
Operatinga revenue rVice vehicle, including When the yehitleiS net irrreVenUe:
SeNi-te;
Operating„a non -revenue service Vehicle, i.vheri required to be 'operated 'by:a holder of a
CDL;
Contr011ingdiSpatch or -movement of a revende Service -vehicle,
r Mainfaining.eqeVeriu-e.Serviee vehicle or equip-mbhl Lisetfin'reVenue siceoirileSalhe
reCiPientreceives,section ',itf funding anOcontracts.outtSuch:servicet..Maintaining
revenue service vehiele,inCludes,any'act which repairs; prOvideslupkeect&e.vehicle or
any other process which keeps the vehicle operational does not include cleaning
interibrOrexteribrofthe revenue service vehicleor transit facility and
> Carryinga-firearrn for,securityptirposeSoatioard-e.revenue service
.SCteeninp Test
Eor:alcohollesting, a-screenitigtest is an analytical proopclurete'datermine vihether,an
employee may'havea-prohiefled.concentration.of alcoholin..hisfhersystem:
For ccntrcilted;s0s,t.p, nces testing, ascreeningiest meansian immunoassayscreen.(tir
other Department bf:Heaftyand;Humaw$erviCe (D1-1H$),--approvectlest) utilized,tt
eliirlinatenegatiVe urinaspeCimenafrom•furthet.consideration-.
Stib'Statice,A6useProlessichal:-.Xsqb0ance.abuse profesional (S. AO) iaalicenSed,physician
.(rfiedieal doCter:probtorbf bsteopathy.), or a licensed or certified .P-Sy.cfhologiSt, social worker;
employee assistance profesSional,oraddietion-counseler,(Certified by the National Association•
:of'',AltehOlismand;becig,Abuse Counselors CertiticatiorytOcimmisSion):with'knoWledge-efand,
clinical experience in the diagnosis and treatment OfalcohOl and contained substances: related
disorders7
Unree:36fieble Delay — delay df.the testirfg-protedUre fbra perib'ttcif time which Would rerfdelthe
teStuSelesS.or MaChurate.
Written MeOical Authorizmiis9-- prescription br other written approvarfrom'a !tented
OraCtitioned:Ohysiciah'or dentist for -the use of a 'drug in the CoUrse.of Medical titatMent The
authorization ,muSt.include.The name of the:substance', theperioddf authorizatiOn:and-Whether
thaprescribed'rnedihation, may impairjob performance.
ATTACHMENTS
Attachment A
CDL ti.sting
Attaorithent B
SuperviSors Checklist:for Drug, and Alcohol
Abuse
DOT .-FTA GROUP
EQUIPMENT RENTAL
•EquiprilehtMainteivariee•SuperviScir
Mechanic ii
Niechaniell
Fleetiiliiintenance Attendant
DOT -Fmc$A. OOP.
STREETS
15frcptjvtaiTitepa nce '5 uper vlsej
Street Maintenance Crew, leader
:Street Mai titena net•
RERUSE:
SOlid Waste;Stiper-V:i.gor
Solid Wa ste:Cfew T..drider
Solid Waste ,1‘,.4ainteriance :Worker
Solid Waste Ivfointpiirice Worker (T)
IRRIGATION
Trrigahun SilperOscir
Irrigation Ci-ew Le'ader
.Irrigation•Speciali:-it
Trdgations Specialist 11
Arocitm EN1-
Oty of 'Yakima,
LISTING
TkAtsrr
TrarisitMan'ager.
Tensi(opo8tei-I'SuperN:igpt.
'11.ansit_Field Qpqations-,Stipervior
Transit Projett plOnvr*
Transit Route.Siii:fervigin
TranSit'Seryice.W6rIker
Trap* Liisi,-iateller
Transit;OperatOr
WASTEWATER
Wastewater 014intenance.Sppervisor
Wastewater K1aintenance",(:reW Leader
Wa stewater.%1-aintena nce'SpeeihliS
WastewaterMaintenanee.,Socjplist: 11
WWTPOp&atorli
WWTP O'peratpi-111
WATER
WaterWorkSCrew Leader
WaterwprksSpeeiAist 1
WaterwOrkcs,Spetialist,11
Water Devite:Teliriceian
Notau ,employees in tneseiotidassificatiOns are required to haire.a Tlipse-wlio,dp-ayeih lbei,
randoir poot:pf,ernployees for testing..
ATTACIlt!Pliisir 13
Civqt Yakima
SUPERVISORS CHECKLIST FOR DRUG ; ANO ALCOHOL ABUSE
EMPLOYEE NAME: DitertitE OF ItiClbilli':
SOPFRYISOR NI NAME:*
SUPERVISOR #2 NAME:*
The. fitlIgm,ing in forinatiOn Should he proviried,hen;ti-tere has,beeriain ifieident,nr crntribtiling-eventtht provides
reonab le can se..or up ii that a n,erniiloyee-is under iheinfluence.ol drugs or alcohol: Phe Citys detertni nat ion
that reasignabk!suspickin,.exifts Ojai l b e`. b s a On.specifiC,'eont einporapenus; 'a rtici.114btie'Obsetya tion,eolieerning thie
appearance,,behaviw,,speecl t, or body odors athe employee. A ,superVisor horned ;n detecting the slignsand'syroptom_s
of drug user a ndalc6horrn isuSe must n4.1.;e the req Lir'd odServatinns, The'supet4istit(Styshttailq„d*t.itnene:alr i±,!eilinent
facts and ,circurnstant:es That wouictleada, rcs-orgablg; person tobclieve,that,the,re 1-0.5J:teen a,rni.14sc!.oalcc-ihril or drub:
by the, employee. Retbtel eaen ifine'on„the,forM ht,y.,:Chkking,t116 appropriate Kix ;inii'maki. additianahnote's niebrninent.
in.11-ic speed proyid.'d.
CONTRIBUTING EVENT / CAUSE FOR SUSPICION
I Reporte'cbleurlso* while' untierthjittfligehe. of,aleolibl orr'itrugs Onany 'tither, sitbatancetWatinifiatied the
eniployeers. mental g itgly Fi i,t;:iictp4!: i I y:
I: 4:71,erved the 11st-cif iii:iiiilgultorilfdlled ...A.tfistarke in .the -v..tir kf.'I ace,
0 Qhseryeti aliportnal,or?e4atic benavior(.1i4 below).
Refused in gi'untnit 1i oi'',.willlittlyg interfered *ith-dhig, or a Icobrol., te-sti.ng ri_itilrea,in.,aeorcIrtridi.ith fhis.: Olicy
Other .9 tisecificontemporangoos.,,articuiable rtleTvattiT,"coneeming the appearance. behavior, speech or body
odors of, the employee
BEHAVIORS OF CONCERN
Yerba I abusiveness 7 em.;Josii:eangry behavibr
ll Ph.y s.iZ1:11 a li.i.i iv* 0. 0:,/ ' fighting
ll Impaired it temnry'iTercepiion.''';' judgment
i 1,4;4,54:1 s'ivitint'.iinpredictable,behaviOi‘
N .SocialActachmen( or isolation
111 Ott* hel itiv ii-,1*t4tiiiCeilti r(e;ta triple: 'hally 4n,ation, 4 iso r iei.-ttatiori‘„. etc)
', 2ti/08
j.()
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
1.hereby certify that i am familiar with the requirements of City of Yakima Substance Abuse Policy
NO,PER 600.regarding Drug:Froe.Workplaceas,putlinod.ip,pc reok.testfor,Oropcsals, andlhat,
..,. ,
ti
ax f-414. e:K"--,
!.044.7.1e'llr.O.r..W1.0ii.ii$04:61)4.0.6.161).'
- -
Ditig.,Treo,),11torIcplacei.-ProgrArryitl'Iat
subcontract 0.0!:0(ppri1., for this project ':ocintalh,s, language which ndtcates th. 0,9q0t11491,§1.1
agreffivritt9:601(1q-1**z0epvisia:a-:cfike policy as outhned
TITLE 41 . ,
tbMi5A14',NAME tsf. CCI:54,6440-4} ,e;(9 -
t,
ADPRESS! '401 'VaCigil:-
;124,
TELEPHONE: _ 4747
_ _A•101,PTI,C*1
DATE
Info 11
Contacts Illiispizaions
Prefire'Plaps
_. __. ............,.._.
.riresPyrctis °n
Ales
Permits
Actions.
Inspections
54.00:5§4GrOCIti,j3*1:F1*$tatiOn':,K,F1re'$.0.15,:ii'91 1 z
yaXiiii.kwA 90901
_ .
I fisOectiii'm Fi0
4664 t AddlniiSe..cton'$dhedulki
( adnedt.ile',SinOleAntOedtiOril
§tkrt.Dater
_ _ . ion
Type.
...
41)42...44,
.
:kfifiliaKirillISPeCtion'
. ._ .
:AA) kilAllY
ItiOidaiain"Histilq,
.. .
,,t StziiienIni,peCtion' :_
Inspection Date
I Authorized By
___ ______
1:irsp#4Hoirl,Type!
...._
. ,
i Result
,..— .
i020i201).
8/4/2014:
3/1/2011
4/i7.2i.Of.i)i
2)41100'
12/7/2009
10/21/2009
2/26/2009
4/21/2.00$
2/22)20*
. _ .
7477,2‘2,Sucilita,,.:Stiercrie
7372'Silla;:Slierene:
3539"*.,,'.!3ii.LE$,,.CARDLyiki
)-0.0---'60);(6*,i4li01-`i0
3539,-BELLES,-;CAROLYN
6292 - RAY, JASON L
3539 - BELLES, CAROLYN
0421 - Heath, Chuck
0421 titrx...critio:.
044.:. 1.2'.(4PRit!,.0!!!dici
'1119:w;,9f-stqnI§Orv[ce:itePOis
.RevieW, of SySteni:SeiviOeROPilitt
,A6r1SY-01.10p.iti.i0kettiiii
'eY'rulor..0ef!1.!§".`i.'cq-:4PPets
)Anfitil:Fire'IriSPectidii
Pre Fire Inspection
Review of System Service Reports
Annual Fire Inspection
.cornplionte Reinspection
Annual 9 Fe:itipedtion
.:No'ho,zerciS.noted
',N,YriaiartiSinOted
1-a-zarc_iSinoted',
,Dra,folloyitip.
4.0.0P.040:011.-
fiNoliazardS-notea
No hazards kited
No hazards noted
NO hazards noted
Hazardsliavet,been,corrected
iHaiartg.rted'
Do Follow-up
riiiiietfiiii:
Ikispeation SCheilii le!
*hetiOliZate_
... , 410$
OPOO irTVOk
!Eiit
4i1/4.:41.,
4/14201-2L
ir •
214/2013.
Compliance
,ArititiairifelitSpeCtion
,Ahniial
' Reinspection
fire,In4Serlidri
P*
AM
ACri
200.:?014' Ali Rghts Reserved.
:06Yered:5Y;R:P.c019.5v*,75.
https:llsecure.pmergepcyfeporting.cgmloccpppciqsiinspections.asp 12/14/2012
Info
Contacts
IDIsPilF139/1*
.-,
00149'.!!!.4.01
Y '
-Files Re0Tkit,e. 1
Attpi0k,
_ .•
..cCO panqy Info':
Businessos,i16,;,,-0..";,-0, .‘iii -R•6,3 -‘;v4-.:4§..,6--:—
.,...
I9PPLNiign Date.; 1/112,011..
Next
c:'.....3tSPr41'
lb.
Name
#.00re'
'Latitude
Phone "
01201!:
NatioliafGrid9)
.,..,. .
.aitsinemIicenSe:#.
.0c450 ri.i•Tif'P'.
[St;Eiiion•
• i.P.',!ofbhis.
Construction
Building Statih
Ciitial.l.tifia-st-
Property Use
,iltiOy;;BliiiiITINuniber"
1Occupancy
13'inessGroup 6.'
.
: Subcategory - 0'Fire*Pt19!1
00380,, _.
. . . ..
: File,Bialiorfat , - . _
..
.. . _ ...--
PIOk §4!OorMigtii4P :tr.Ltt TYPO
.P44nPCf'
': 401 1Front : - .. - - - -- -- Street
_,,,, _ _ „ — , • ... - - - - - - --
Oh' .. . . . _ , ''-qhe
' -
',VVlll'Ottiil
frikirri6
- .-.-- - - - — __
,Build I ng 'it
'.Far
:144627.4
29:9972.1
:k509)575&011 _ P
1(509)57.66356;_.
.. - -
- -
, ,..;.StaiiefiX: . MO Page .1W
. ....
. ... . . _ .. .,.
. ..... . ..__ ..--
:Mt. dtskii Value
$;10i
N.P.5
_
:pccup.an4,20he
MI,
h 9f Yak:iti.*!,/
', 0 - — . j...*es.s cr':Fiajcei:.?
18131344424:
,
tTyfie tjr*I.A.Fite.!Re§itiVe) 01
0.e.ZOied,:6fiat:orisefatiii,i r•1
,...-
hittdit': Ell
i OccupancyLoad
YearBuilt11972
,
Assigned'i Inspector
0
' Heall-i$,:e.:hibevs.-,oi
.. . _ _..._
-,.i.r,r111ve :011$
. 888, ... _ - - - . .1•Si*Lf-l'EFii4,st41i401
. .... , _ . _ _,-
(.1*°1Y'
'F.F3';1:1:inadd.... Value j,Ciziii.'el'it-6.,:. '1Qc}()..ogi.,,..00
. . . _ .. .... „... ..._ . .. .. _ _ , . . .. .. .
https://spcure.emergencyreporting.condoccuppnciesioccupancy infoiormasp?occupanc:.: 12/14/2012
FIroP-tV 1, oise.
Deetipaii67COritja-s-, _
-.-
Bsiries Group i' .:;-ii'lki,"Stathiti,k,F..::tati6i.1.91 l''faStmalSik.9-R4)1
- w
-.. .... _
C6'iliiiiiiie,
kot-...,_n.,...,..iliqqr; POI Prt
(509)57S -601k,
2.9Q40 g19114:4301
p•Oriereeki.*-01fiV,skitittr*ii:kc:
http5://spcure_emergencyrcporting.com/occupanci,es/occupancy_contacts.av 12/14/2012
Attention: Cindy Epperson
Director of Finance and Budget
City of Yakima
RE: Insurance requirements for City of Yakima RFP #11231-P
W elle' Fsiiga' li�uiiinae,Seivtree
'PO`Boz25411
.:610A a;*A':9890T
:Te1r509.248;7460;
ToIIFreeS8o0 572 9146
wwvtviellslargo.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&O) Liability. Please feel free to contact me with any additional questions or concerns.
Sincerely,
Jeff Widdaws
Account Executive
Wells Fargo Insurance Services
(509) 853 4222
.1kii1aFie Department
mimiNisTRAtivg POLICY MANUAL
'chapter 4, Section 32 TRAINING REQUIREMENTS
432.01 Reference
WAG 296-305-05503
4.32.02 Policy
A. The City of Yakima Fire Department 'shall provide training nrid edtieatiOn fot all
members commensurate with .thoseduties and functionstharmembets ateexpeeted
toperform.
1. Such training and education shall be proVided to-metibers before they perform
ernergency'a.ctivities.
2. litstruptorkShall beq ti al ified;and.required to ,have training-,aniteducation which
is more comprehensive than, that provided, to the -general membership orThe
Department.
3.. Members who are expected t� perform interiorStruCtural fire fightiog;shall he
proVided-i.vith an education session .Or training .at least .quarterly:,
4. Mflbers slix11 cbinpI\ithprovisions Of
4.32.03 Definitions
NA
432.04. Responsibility
A. The -Training Officer shall assure that -training and edneation is conducted frequently
enough to assure -that each member is able tp perform their assigned duties. and
i!tinctiOns:Sabsfactorily and in a.safe manner' so as. not to .endanger :other meiriberg.
The frequency pf training shall meet the requirements_ of WAC:296305-05501 (10)
to. train 'annually.
The Training Officer shall .keep records on all ;rainjpg. for members to assure
compliance with -this pOlicy.
4.32,05. Guidelines
A.. Training on. hetiring conservation shall conform to Hearing Protection Policy:
'Bi. Training on .rnedical procedures shalt conform io 422 Emergency Medical
Protection
C. Trainingon respiratory equipment shall conform to 4.25- Respiratory Equipment
Protection policy.
D'. Training .ofl erpployeefyiiglii-t07,kn'pw procedureS shbil VonfOrin to chapter 296-02
WAc,."Parirc, Hazard Cornmunication.
June 9; 1997
.4.32
E. Ttaining .On bvethai1 pRIC6citit-6 aid operations shall conform to. 4.54 Emergency
Fire Ground Oprati5ns Policy.
E. Tfaining Orcwildland fires shall corifOrmto 4.4(). Wildland Fire, ()titration Polity:
G. Tr :ppnfined space entry and/or rescue shall ,ecinfariri to 4,6,1 Confiked
Space'Rescut,Folicy,
H. Live fire training in structuresstr tures siall conform to 4.3 Structural Fire
trairtin:
4.32.06 Additional Reference$,
[Statotofy. Adthim.*:. :RCW 49.17 010; .050, .00. .96- 4-967(Order 94 27)
1.3296-305,05503„ filed 05110/96; effective 01/01/911
4.32.07 Appendix
NA
June 9, 1997
432.
Alan Chronister, Fire Chic
2
SOP 1.20.0
AttflOriiati9n. of Safety ,Sta)-idards fot Firefjghters
OBJECTIVES:
A. Topreide.andlOOperate.With the ti.ig!itt ptOibleldiielS of safety/and.health.fOr all
ipernbem. The prevention and. reduction of ateiderits,-,injOrie8:.add`4oecuPatihnal
illnesses shall he.priniatreonsiderations at all times This concern extends not only
to our rnerrihters: but also to -any other persons. who may inVolved in Fire
Department fictiicie.s-
'PROCEOLRWS:
1.: Thedep4tirient Shall esiab1.0 and roaintalii training. riro:gtani$'!-,0 ii department
persolno, which are capable of prOVid.ing,,aridn.trialOtAiiii4 levels of occupational
1.1-bfiOieri(y consistent With it axitniim safety and. suryjNal,
2. Tlie:departrnetit.hall research develop implement and enforce the.lifovisitirtS.of
WAC 305 that recognize andrteduct,theJinherbrit risksiatilvetrin the operation of
the fir depattinent.
SCOPE:
1 11*,0ePOFLITIn!, apd its members toll l?o:resporisible:Thrtotriptiance*if.l WAC.
2. .Tfi ,do0.arttrient establish c). stan(140 �peating
.foe&hires t� teach ohjo4NOs.
3 Eaih and 06i-* rnernbei of the fireidepartfillent t;otiterate,.:15artitipate arid
comply with the pro1isions of -'41e WAC26-305'. Failure (441464 in disciplinary
ation
Date:of-IS-silo July 1.6,1.997 Page1 f�f
t„44.,1E2:`'Ofi-s"ho. 0/06/94
Equal -Employment Opportunity
IsWPC§e.
This polity f.States: the City of Yakima' S ecnhinithientArtproViding,n:uorkitig environment
free -frciin discriminatitin.
Policy
It is the OFi LV of the (i1, of Yakima Lo provide equal entlOymelitoppOrrilAitS/ to
'enwl.pyses,:nrid:applicar4§ for employment witliputIcgarif race, creed,
religion, calor, national origin, marital status, diSabilityihrinorabli-..diSehargedVtterailit
military Statiis,..pregnanty„§b6:ial. orientation,. aud'any other 61asSiliCatiop,Prote4ted'44der
federal, state,. or laiw. Equal employment opporMiaityiipplisytoall terms,
Cbriditions, and priVilkeS of'ettiptoyinent,inellidirit-hiri4'firbrnotioti,,-trariSfer
rcortipeitsatioth.be4efits; discipline, and diseharge.
Scope and Applicability
Thidtiy acts all f)effartnnerits- of the CitS,; dfYikith
Deilti44orts
,Sektai IS dfind.iis in WaahingtOn:tate'laW2. Sbe RCW49:60.040(f5)'„
defining sexual orientation as "bet4O8cxuality, itomosptnality„hiseNualit,::00 gender
expression or identity:. As used in this definition, 'gender aik'presSibia.Orideritity'.inbang
having or beitigperCeived as kinviiika,:gender identify; selfimage, appearance, -behav
otptpressiph,,whethee.or 4pt..thatgeocipr Identity, .c.lf;.iillage..-,:appearance; bejl,avi.Pr„.or
expressiomisIdiffeterit frony:thattraditioriallyrasSociated with the .SOn'asSigridato that,
birth"
ItfetenetTiocuments and Protedurts.
180.0
Piefettiiye;.1)ai:1/1 4009
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: January 8, 2013
ITEM TITLE:
SUBMITTED BY:
CONTACT
PERSON/TELEPHONE:
Resolution authorizing agreement and award of Fire Code
Inspector Services Request for Proposals
Sue Ownby, Purchasing Manager
576-6695
Maria Mayhue, Senior Buyer
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 Ordinance
Contract: X
Contract Term: 1-5 Years
Insurance Required? Yes
Funding
Source:
Other
(specify)
Mail to:
Amount: 175,911.30 - Year
1 and thereafter per Expiration Date: 01/08/18
Agreement
Phone:
General Fund Reserves
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
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 Proposals Document 11231-P
❑ Yakima Fire Department Proposal
OFFICE OF THE CITY MANAGER
129 North Second Street
City Hall, Yakima, Washington 98901
Phone (509) 575-6040
October 20, 2014
Bob Stewart, Fire Chief
YAKIMA FIRE DEPARTMENT
Fire Station 91
401 North Front Street
Yakima, Washington 98901
Re:. Notice of Termination of "Agreement for Fire Inspection Services for
Business Occupancies Located Within City Limits"
(City of Yakima Agreement No. 2013-006 executed January 9, 2013;
approved pursuant to Resolution No. 2013-007 on January 8, 2013)
Chief Stewart:
Pursuant to Section 5 of the above -referenced Agreement, notice is hereby given that
the City of Yakima is terminating the Agreement effective thirty days from the date of
this letter. By this notice, such Agreement will be deemed terminated by its own terms
effective November 1, 2014. Upon termination of such Agreement, the fire inspection
duties set forth in such Agreement shall continue to be performed by the Yakima Fire
Department, and shall for all purposes be deemed part of, and included within, the
continuing depa ental mission and functions the City of Yakima Fire Department.
Vef truly you
0'
City Man
cc. File
Yakima