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HomeMy WebLinkAboutRFP - 10218 Emergency Medical Services for PFARFP 10218 Emergency Medical Services for PFA Page 1 of 59 REQUEST FOR PROPOSAL 10218 EMERGENCY MEDICAL SERVICES FOR PFA RFP DUE: 3:00 PM MT (Mountain Time), October 31, 2025 The City of Fort Collins, on behalf of Poudre Fire Authority (PFA), is soliciting proposals for a CAAS Accredited* Emergency Medical Services Provider (Service Provider). As part of the City’s commitment to sustainability, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city- of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. All questions should be submitted, in writing via email, to Gerry Paul, Purchasing Director at gspaul@fcgov.com, with a copy to Beth Diven, Buyer II, at bdiven@fcgov.com, no later than 3:00 PM MT on October 8, 2025. Please format your e-mail to include: RFP 10218 Emergency Medical Services for PFA in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by BidNet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 948-12 Ambulance Services, Non-emergency 990-37 Emergency Medical Services (Incl. Emergency Ambulance Services) Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Service Providers to comply with the City’s policy for equal employment Financial Services Purchasing Division nd Floor 970.221.6775 fcgov.com/purchasing RFP 10218 Emergency Medical Services for PFA Page 2 of 59 opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Service Providers and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Service Providers Registration: The City requires new Service Providers/ Professionals receiving awards from the City to submit IRS form W-9 and requires all Service Providers/ Professionals to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. RFP 10218 Emergency Medical Services for PFA Page 3 of 59 The selected Service Provider shall be required to sign PFA’s and the City’s Agreements prior to commencing services (see samples attached to this document). Sincerely, Gerry Paul Purchasing Director RFP 10218 Emergency Medical Services for PFA Page 4 of 59 CONTENTS SECTION 1.0 PROPOSAL REQUIREMENTS .................................................................... 5 SECTION 2.0 BACKGROUND ............................................................................................ 5 SECTION 3.0 DEFINITIONS ............................................................................................... 6 SECTION 4.0 MEDICAL RESPONSE BY PFA ................................................................... 9 SECTION 5.0 CONTRACT MANAGEMENT ....................................................................... 9 SECTION 6.0 MEDICAL DIRECTION ................................................................................. 9 SECTION 7.0 PROHIBITED ACTIVITIES ......................................................................... 10 SECTION 8.0 INCIDENT RESPONSE .............................................................................. 10 SECTION 9.0 MEDICAL EQUIPMENT, MEDICATIONS AND SUPPLIES ........................ 15 SECTION 10.0 TRAINING .................................................................................................. 16 SECTION 11.0 QUALITY ASSURANCE / QUALITY IMPROVEMENT PROGRAM ............. 17 SECTION 12.0 VEHICLES AND EQUIPMENT ................................................................... 18 SECTION 13.0 COMMUNICATIONS EQUIPMENT ............................................................ 19 SECTION 14.0 AMBULANCE STAFFING ........................................................................... 19 SECTION 15.0 DESTINATION POLICIES .......................................................................... 20 SECTION 16.0 COMMAND AND CONTROL ...................................................................... 21 SECTION 17.0 RETURN OF PFA PERSONNEL ................................................................ 21 SECTION 18.0 PROPRIETARY CALLS .............................................................................. 21 SECTION 19.0 PUBLIC SAFETY STAND-BY ..................................................................... 21 SECTION 20.0 COMMUNITY EDUCATION AND RISK REDUCTION ................................ 21 SECTION 21.0 DISASTER PREPAREDNESS AND RESPONSE....................................... 22 SECTION 22.0 DATA PROGRAMS/COLLECTION SYSTEMS/INFORMATION REPORTING/AUDIT ................................................................................... 22 SECTION 23.0 PATIENT CARE REPORT .......................................................................... 23 SECTION 24.0 CUSTOMER SERVICE .............................................................................. 24 SECTION 25.0 PATIENT FEES (RATES) ........................................................................... 24 SECTION 26.0 REMEDIATION EQUIVALENCE ................................................................. 24 SECTION 27.0 PERFORMANCE SECURITY ..................................................................... 25 SECTION 28.0 INFECTIOUS DISEASE EXPOSURE PROCESS ....................................... 26 SECTION 29.0 INNOVATIVE PRACTICES ......................................................................... 26 SECTION 30.0 PROPOSAL SUBMITTAL REQUIREMENTS .............................................. 26 SECTION 31.0 SELECTION PROCESS AND EVALUATION ............................................. 29 SECTION 32.0 ACKNOWLEDGEMENT ............................................................................. 30 SECTION 33.0 SAMPLE AGREEMENT.............................................................................. 35 RFP 10218 Emergency Medical Services for PFA Page 5 of 59 SECTION 1.0 PROPOSAL REQUIREMENTS 1.1 General Description The City of Fort Collins, on behalf of Poudre Fire Authority (PFA), is soliciting proposals for a CAAS Accredited* Emergency Medical Services (EMS) Provider. PFA is seeking an exclusive contract with an Service Provider committed to patient centered, outcome oriented, pre-hospital emergency care for the citizens of the Northern Larimer County Emergency Response Area. The selected Service Provider must meet or exceed the requirements of C.R.S. 25-3.5-301-308, 6 CRR 1-15-3, Section 30, provisions of the Colorado Revised Statutes, Larimer County Health Department and other relevant Federal, State and local laws, regulations and rules. This Request for Proposal (RFP) is intended to identify a partner who will embrace an integrated team approach involving all 911 service providers and receiving agencies focused on continuously improving patient outcomes. The selected Service Provider will actively engage all 911 stakeholders to build positive, professional relationships. Proposals will be evaluated in accordance with the criteria listed in Section 31.0, Selection Process and Evaluation. *CAAS Accredited or equivalent. At the sole option of PFA, the contract may be award to a non CAAS Accredited Service Provider subject to successful accreditation within 12 months from the contract date. 1.2 Contract Term The selected Service Provider shall provide 100 percent, 24 hour per day coverage for all emergency ambulance services, as PFA’s exclusive franchisee for emergency ambulance services within the Northern Larimer County Service Area. The PFA intends to award a one (1) year contract, with the option for the PFA to renew the contract for up to an additional four (4) one (1) year terms. Annual renewal will be subject to PFA’s evaluation of the Service Provider’s performance and consideration of the Fee schedule. The contract may be extended for an additional five (5) year term if performance is satisfactory and subject to approval by the PFA Board and negotiation of a mutually acceptable extension agreement. SECTION 2.0 BACKGROUND Poudre Fire Authority (PFA) is seeking proposals for an Emergency Medical Service provider for its jurisdiction. PFA is located approximately 60 miles north of Denver Colorado along the eastern foothills of the Rocky Mountains with a service area of approximately 237 square miles. PFA’s response area includes the City of Fort Collins including the campus of Colorado State University and the Poudre Valley Fire Protection District encompassing the Town of Timnath, and the communities of LaPorte and Bellevue. The Service Provider will also make themselves available for response for the following rural fire departments surrounding PFA’s jurisdiction. These include the fire Districts of Wellington, Livermore, Red Feather Lakes, Poudre Canyon, Glacier View, Crystal Lakes and Rist Canyon, and certain unincorporated areas of Larimer County. PFA reserves the right to allow other fire districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity(s) shall not have a negative impact on PFA in the current term or in any future terms RFP 10218 Emergency Medical Services for PFA Page 6 of 59 SECTION 3.0 DEFINITIONS Terms used in this RFP shall have the following meaning: "Advanced Emergency Medical Technician" or "AEMT" means an individual who has a current and valid EMT-I certificate or license issued by CDPHE and who is authorized to provide limited acts of advanced emergency medical care in accordance with the Rules Pertaining to EMS Practice and Medical Director Oversight. “Agreement” means the Ambulance Service Agreement between PFA and Service Provider to which this Scope of Services is attached as Exhibit A. "Ambulance" means any privately or publicly owned motor vehicle, aircraft, or marine craft that is regularly provided or offered to be provided for the emergency transportation of persons suffering from illness, injury or disability including any unit registered with the State of Colorado as an advanced life support ambulance. "Ambulance Provider" or "Ambulance Service Provider" means an Ambulance provider licensed by the State of Colorado that responds to 911 dispatched calls. "Ambulance Service" means any individual, partnership, corporation, association, governmental agency or other entity that holds an Advanced Life Support Ambulance provider license issued by Larimer County, Colorado to provide emergency and non- emergency care and transportation to sick, injured or disabled persons. "Authority Having Jurisdiction" or "AHJ” means the governmental agency with legal authority as designated by the State of Colorado to provide a specific service. "AVL/MDC" means Automatic Vehicle Locator/Mobile Data Computer. "Board" means the PFA Board of Directors. "Contract Manager" means the person designated on behalf of PFA who is authorized to make decisions on behalf of PFA. "Contractor" or the "Service Provider" means the 911 Emergency Medical Service provider under the Ambulance Services Agreement with PFA. "Dispatch" means the Fort Collins 911 or Larimer County Sheriff's Office Communications Center which are the Public Safety Answering Point (PSAP) responsible for answering 911 calls. "Emergency Ambulance Service" means the provision of advanced or basic life support, and transportation by Ambulance, if appropriate, in response to medical and traumatic emergencies. "Emergency Medical Responder" or "EMR" means an individual who has successfully completed the training and examination requirements for emergency medical responders and who provides assistance to the injured or ill until more highly trained and qualified personnel arrive. RFP 10218 Emergency Medical Services for PFA Page 7 of 59 "Emergency Medical Technician” or “EMT" means an individual who has a current and valid EMT certificate or license issued by the Colorado Department of Public Health and Environment, Health Facilities and Emergency Medical Services Division (CDPHE) and who is authorized to provide basic emergency medical care in accordance with the Rules Pertaining to EMS Practice and Medical Director Oversight. "Emergency Medical Technician with IV Authorization” or “EMT-IV" means an individual who has a current and valid EMT certificate or license issued by CDPHE and who has met the conditions defined in the Rules Pertaining to EMS Practice and Medical Director Oversight relating to IV authorization. "EMD" means Emergency Medical Dispatch. "EMS" or "Emergency Medical Services" means those pre-hospital functions and services whose purpose is to prepare for and respond to medical and traumatic emergencies, including rescue and Ambulance services, patient care, communications, and evaluation. "EMS Provider" means an individual who holds a valid emergency medical service provider certificate issued by CDPHE and includes Emergency Medical Responder, Emergency Medical Technician, Advanced Emergency Medical Technician, Emergency Medical Technician-Intermediate and Paramedic. "EMS Service Agency" means any organized agency including but not limited to a "rescue unit" as defined in Section 25-3.5-103(11), C.R.S., using EMS providers to render initial emergency medical care to a patient prior to or during transport. This definition does not include criminal law enforcement agencies, unless the criminal law enforcement personnel are EMS providers who function with a "rescue unit" as defined in Section 25-3.5-103(11), C.R.S. or are performing any medical act described in 6 CCR 1015-3. "FCPS" means the Fort Collins Police Services. "ICS" means Incident Command System which is a standardized on-scene emergency management construct specifically designed to provide for the adoption of an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. ICS is the combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure, designed to aid in the management of resources during incidents. It is used for all kinds of emergencies and is applicable to small as well as large and complex incidents. ICS is used by various jurisdictions and functional agencies, both public and private, to organize field-level incident management operations. "Incident Commander" is the individual in charge of any 911 response on scene. "KPI" means Key Performance Indicators as defined by the Medical Director and Contract Manager. "LCSO" means the Larimer County Sherriff’s Office "Medical Director" means a physician licensed in good standing who authorizes and directs, RFP 10218 Emergency Medical Services for PFA Page 8 of 59 through protocols and standing orders, the performance of students-in-training enrolled in CDPHE-recognized EMS education programs, graduate AEMTs, EMT-Is or paramedics, or EMS providers of a prehospital EMS service agency and who is specifically identified as being responsible to assure the competency of the performance of those acts by such EMS providers as described in the physician's medical CQI/QM program. "NCRETAC" means the Northern Colorado Regional EMS/Trauma Advisory Council. "NIMS" or "National Incident Management System" means a standardized approach to incident management developed by the U.S. Department of Homeland Security. "NLCERA" or "Northern Larimer County Emergency Response Area" means the geographic area encompassing 2,200 square miles in Northern Larimer County and parts of Western Weld County (see attached map in Attachment 1). "Paramedic" means an individual who has a current and valid paramedic certificate or license issued by the state of Colorado and who is authorized to provide advanced emergency medical care in accordance with 6 CCR 1015-3. "Participating Providers" means an agency or provider that provides medical care as authorized by the NLCERA Medical Director. "PFA" means the Poudre Fire Authority, a political subdivision of the State of Colorado. "Protocol(s)" means a written standard(s) for patient medical assessment and management approved by the medical director. For purposes of this Agreement, the protocols to be used are the Northern Colorado Prehospital Protocols. "PSAP" or "Public Safety Answering Point" means the Fort Collins 911 or Larimer County Sheriff's Office Communications Center which is responsible for answering 911 calls. "QA/QI" or "Quality Assurance/Quality Improvement" means quality programs as defined by the Medical Director and Contract Manager. "Response Time" means the length of time between the notification of each agency and the arrival of their respective emergency medical service unit(s) at the incident scene or staging area. "Response Time Compliance Coordinator" means the individual assigned by the PFA Fire Chief or Contract Manager to facilitate reporting of response time compliance on behalf of PFA. "System Status Plan" or "Deployment Plan" means the management of the EMS Contractor's system to meet the fluid deployment of ambulances to answer expected demand, expressed as calls for service, in the attempt to provide faster response by locating ambulances at "posts" nearer their potential next call. "Zone" means one of five areas into which the ambulance services area is divided which are used for determining response times within PFA’s service area. (Refer to map in Attachment 1 of the attached Ambulance Services Agreement) RFP 10218 Emergency Medical Services for PFA Page 9 of 59 SECTION 4.0 MEDICAL RESPONSE BY PFA PFA recognizes that it is essential for a quality EMS system to provide rapid EMS care. Therefore, PFA will continue to provide rapid early EMS intervention as a part of a tiered EMS response system. PFA’s EMS response allows Service Provider longer ambulance response times than would otherwise be required of an ambulance within PFA's jurisdiction. Detailed information on the Poudre Fire Authority is available on the PFA website at https://www.poudre-fire.org/ SECTION 5.0 CONTRACT MANAGEMENT A representative appointed by the PFA Fire Chief shall be the authorized Contract Manager. a. All communications related to the Agreement shall be with the Contract Manager and, in their absence, a person to be designated by the PFA Fire Chief. b. As defined by this Exhibit A, Scope of Services, the Contract Manager shall be responsible for the day-to-day administration, coordination, and approval of Services performed by Service Provider, except for approvals which are specifically identified as requiring the approval of PFA's Board of Directors. c. Agreement Compliance Coordination 1. Service Provider shall provide funding to PFA in the form of quarterly payments of $20,000 for a total payment of $80,000 per calendar year. Such funding shall be exclusively used to compensate work done for the benefit and improvement of Service Provider's performance pursuant to this Agreement. The funded amount is subject to annual adjustment based on market conditions by mutual agreement. SECTION 6.0 MEDICAL DIRECTION a. Contractor shall provide a physician licensed by the State of Colorado, experienced in Emergency Medical Services, to serve as the Medical Director and to oversee Service Provider's clinical services and the medical services provided by PFA. The Medical Director shall be approved by the PFA Fire Chief or their designee. The cost of the Medical Director will be the responsibility of the Contractor. b. The Medical Director must be certified by the American Board in Emergency Medicine, experienced in emergency medicine, and preferably fellowship-trained in Emergency Medical Services. c. The Medical Director shall facilitate the procurement of, be responsible for, and oversee all pharmaceuticals including but not limited to controlled substances used by Service Provider or PFA in delivering service. d. Service Provider shall ensure the Medical Director is available to PFA (at Service Provider's sole expense) to provide training, conduct reviews of incidents, and attend meetings as required by the PFA Fire Chief and/or the Contract Manager. The Medical Director may also respond to provide support and to audit protocol effectiveness during incidents. 6.1 Standing Medical Orders and Treatment Protocols Protocols define the standard of care for EMS providers and delineate the expected practice, actions, and procedures to be followed in commonly encountered medical emergencies. RFP 10218 Emergency Medical Services for PFA Page 10 of 59 a. Service Provider shall utilize the Standing Medical Orders and Treatment Protocols established by the Medical Director for the standard of care. b. Standing Medical Orders and Treatment Protocols are based on protocols developed by the Denver Metro Emergency Medical Directors with system specific modifications made by the Medical Director. c. Emphasis is placed on developing guidelines reflective of current trends and evidence in the practice of pre-hospital clinical care. d. The Medical Director shall communicate protocol changes sixty (60) days prior to implementation. Service Provider will deliver training materials regarding protocol changes to PFA within thirty (30) days of implementation. e. Service Provider shall be solely responsible for providing the Medical Director with sufficient liability insurance coverage. SECTION 7.0 PROHIBITED ACTIVITIES Service Provider may not provide any other services within PFA's jurisdiction without coordination and prior approval from PFA. a. This includes, but is no way limited to fire suppression, technical rescue, and hazardous material response. b. This excludes activities for which Service Provider has an MOU with other local agencies (i.e. FCPS or LCSO). SECTION 8.0 INCIDENT RESPONSE Service Provider shall furnish and maintain ambulances 24 hours a day, 7 days a week, within PFA's jurisdiction, that are fully equipped, staffed, and dedicated to 911 calls. a. Service Provider shall have the exclusive right and privilege to provide all emergency ambulance service to PFA. If Service Provider does not have an adequate number of ambulances available, reports an extended response time for a specific call, or another provider is utilized due to closest unit dispatching, then PFA reserves the right to use any available ambulance service to provide transportation. b. Service Provider shall operate continuously and without interruption for twenty-four (24) hours each day and for seven (7) days per week an emergency ambulance service as herein required. c. Service Provider shall provide this service without regard to the financial status of the patient. d. Service Provider shall begin to respond to the scene when the PSAP notifies Service Provider electronically, by radio, or by telephone with the correct information. e. Service Provider shall respond as directed by the PSAP. f. Service Provider's crews must announce on the PSAP assigned radio channel the location from which they are responding and the time they arrive at their assigned location (when within the radio coverage signal). g. When transporting a 911 patient, the Service Provider crew shall announce verbally on the PSAP assigned radio channel when they leave the scene as "Ambulance Number [number] is enroute to [destination location]"; when they arrive at their destination; and, RFP 10218 Emergency Medical Services for PFA Page 11 of 59 when they become available (when within radio coverage signal or once service area is reached). h. All radio communications with the PSAP shall include the ambulance's numbered call sign. i. Service Provider shall notify the PSAP whenever a Service Provider ambulance upgrades or downgrades – i.e., goes from emergent to non-emergent status or from non-emergent to emergent status. 8.1 Deployment Plan Service Provider shall be required to submit to the Contract Manager a current deployment plan that includes: a. Minimum of four (4) Advanced Life Support (ALS) ambulances on duty at all times. b. Identification and the number of ambulances to be deployed during each hour of the day and day of the week. c. A description of 24-hour system status management strategies to deploy or re- deploy resources to meet performance requirements. d. A description of how Service Provider will meet the demand for emergency ambulance response during peak periods and during unexpected periods of unusually high call volume. e. A map identifying proposed ambulance stations or post locations to meet response times in each Zone. 8.2 Deployment Plan Changes a. Proposed changes to the deployment plan must be submitted to the Contract Manager 30 days in advance of the proposed change unless the 30-day advance notice is waived by, and at the sole discretion of, the PFA Fire Chief. b. Service Provider shall provide the Contract Manager a copy of any amended deployment plan. 8.3 Fleet Resources Service Provider is required to provide ambulance transport services within PFA's jurisdiction with its own resources. Service Provider may not utilize, in any manner, ambulance resources from other agencies or ambulances dedicated to neighboring jurisdictions within its deployment plans. All ambulance resources specified in its deployment plan must be Service Provider's, must be dedicated to service within PFA's jurisdiction, and must comply with all specifications herein. Third party mutual aid resources may assist under extraordinary circumstances or during extremely high call volume periods. 8.4 Emergent / Non-Emergent PFA currently utilizes two (2) basic 911response priorities: Emergent and Non-Emergent. These response priorities are used in coordination with event type. Requests for service are assigned an applicable event type by PFA depending upon information obtained from those requesting service (e.g. chest pain; seizure; structure fire, etc.). Upon event type assignment, apparatus are dispatched as either an emergent or non-emergent response. RFP 10218 Emergency Medical Services for PFA Page 12 of 59 8.5 Lights and Sirens PFA does not require the use of lights and sirens for any call. Service Provider is responsible for determining whether lights and sirens are to be used for any call or priority. Service Provider's vehicle Opticoms should only be utilized when on emergent responses. Service Provider is responsible to maintain its vehicle Opticoms in good working order. 8.6 Zone Designations Zones are defined according to the PFA jurisdiction map, attached hereto as Attachment 1, and will be reviewed annually by the Contract Manager with changes implemented as deemed necessary in the sole discretion of the Contract Manager under the direction of the PFA Fire Chief. The Zones depicted on Attachment 1 may generally be described as follows, though in the event of any conflict between these descriptions and Attachment 1, Attachment 1 shall control: a. Areas within the boundaries of the City of Fort Collins and the Town of Timnath will be designated as Zone 1. b. Areas within a three (3) minute drive time of the boundary of the incorporated municipalities of the City of Fort Collins and the Town of Timnath with an address density greater than or equal to 112 address points per quarter section will be designated as Zone 1. c. Areas not contained in Zone 1 which are within a six (6) minute drive time from the boundary of Zone 1 will be designated as Zone 2. d. Areas not contained in Zone 1 or Zone 2 which are within a sixteen (16) minute drive time from the boundary of Zone 1 will be designated as Zone 3. e. Areas not contained in Zone 1 or Zone 2 or Zone 3 and contained within the outline on the map attached hereto as Attachment 1 will be designated as Zone 4. Service Provider is responsible for ensuring that its personnel are familiar with these Zone definitions and any subsequent changes to these Zone definitions. 8.7 Response Time Measurement Computer Automated Dispatch ("CAD") will be used to track response times for Emergent and Non-Emergent calls. a. The response time commences when Service Provider is notified of the request for service. b. The response time clock will be stopped consistent with the CAD time stamped arrival of each of Service Provider's ambulances on scene as specified herein. c. For incidents requiring multiple ambulance responses, only the first ambulance dispatched to the incident will be reported for the purposes of response time compliance. 8.8 Arrival Arrival means the moment an ambulance crew notifies the PSAP that the unit is fully stopped at the location where the ambulance will be parked while the crew exits and attends the patient. a. For purposes of measuring response times, the official time will be the time RFP 10218 Emergency Medical Services for PFA Page 13 of 59 displayed by the CAD system in use at the PSAP. b. In those situations where the ambulance has responded to a location other than the scene (e.g. staging), arrival shall be the time the unit arrives in the designated area. If an ambulance fails to report "on-scene," CAD AVL data will be used as the arrival time. c. If CAD AVL data is not available, other verifiable GPS will be used as the arrival time. d. If other verifiable GPS means is not available, audio verification (time stamped radio communication) will be used as the arrival time, including PFA radio traffic that verifies Service Provider on scene. 8.9 Response Time Requirement Standard Service Provider is required to meet the "Standard" response time in 90% of all responses in each zone. "Standard" and "Maximum" response times for each zone are as follows: ZONE EMERGENT NON-EMERGENT Standard Maximum Standard Maximum 1 9:00 Minutes 15:00 Minutes 15:00 Minutes 25:00 Minutes 2 15:00 Minutes 30:00 Minutes 30:00 Minutes 40:00 Minutes 3 25:00 Minutes 40:00 Minutes 40:00 Minutes 60:00 Minutes 4 60:00 Minutes 120:00 Minutes 120:00 Minutes 120:00 Minutes 8.10 Upgrades, Downgrades, Reassignment and Cancellations Changes in response designation shall be at the discretion of the on-scene Incident Commander. Calculations to determine compliance with response time requirements shall be completed as follows: a. Upgrades 1. An upgrade is defined as an incident response priority moving from non- emergent to emergent. 2. Calculation of the compliance standard for upgrades will be through a linear math model which accounts for the initial zone non-emergent time percentage traveled at upgrade then subtracts that percentage from 100% to establish the percentage of emergent to be traveled. These two times are added and become the new compliance time requirement. b. Downgrades 1. A downgrade is defined as an incident response priority moving from emergent to non- emergent. 2. If an assignment is downgraded prior to the arrival on scene of the first Ambulance, Service Provider's compliance with standards herein will be calculated based on: i. The lower priority response time requirement, if the unit is downgraded before it would have been judged "late" under the higher priority RFP 10218 Emergency Medical Services for PFA Page 14 of 59 response time requirement, OR ii. The higher priority response time requirement, if the unit is downgraded after it would have been judged "late" under the higher priority response time requirement. c. Reassignment Enroute 1. If an ambulance is automatically reassigned by the CAD prior to arrival on scene (e.g. to respond to a higher priority request), compliance to the original incident will be calculated based on the time of dispatch to the time of reassignment. 2. Dispatch time to each incident will be reset at each reassignment. d. Cancelled Enroute 1. If an ambulance is cancelled prior to arriving on scene, the time of cancellation will be considered the arrival time. If the response time at the time of cancellation is within the maximum allowable, then the unit will be considered on time. 2. If the response time at the time of cancellation exceeds the maximum allowable, then the unit will be considered late. 8.11 Response Time Exemptions It is understood that unusual circumstances and conditions beyond Service Provider's reasonable control can produce response times that exceed the standards. a. Any requests for exemption from response time standards shall be made with the Monthly Response Time Report. If no such request is received by the deadline required herein, no such request will be considered in compliance calculations. b. PFA has the sole discretion to exempt any call and is not obligated to do so for any reason. c. Situations in which exemptions may be granted include, but are not limited to: 1. Dispatch Services - Incorrect Address 2. Adverse weather and/or road conditions 3. Vehicle problems 4. Hospital divert 5. Response area obstacles - limited access or barrier devices 6. Train delays 8.12 Monthly Response Time Reporting Service Provider shall electronically submit to the Contract Manager response reports for each month. Reports must be received no later than 5:00 p.m., fifteen (15) business days after the final day of the month. a. For each incident for which a response is dispatched, the monthly response time report shall include, but not be limited to: 1. A monthly summary of Service Provider's number of calls into the service RFP 10218 Emergency Medical Services for PFA Page 15 of 59 area by volume; 2. Response priority, as specified in Section 8.4, linked to the dispatch and arrival times necessary to calculate the response time; 3. Response zone in which the call occurred; 4. For calls canceled enroute, upgraded, downgraded, or reassigned the aforementioned items shall be reported and any additional data necessary to calculate and verify response times as provided in Section 8.10; 5. Number of times, including duration, that Ambulance Level 0 occurred; 6. Rendezvous Requests that were met by Service Provider each month; 7. Root cause analysis by Service Provider with findings submitted to the Contract Manager for failure to meet "Maximum" time on any incident(s) in any zone(s); 8. Projected quarterly response time compliance standards for non-emergent and emergent responses in each zone; and 9. Updates on Response Time RE initiatives as applicable. 8.13 Use of Mutual Aid and Requirements Service Provider may utilize mutual aid in cases of extraordinary high call volume. Requests for mutual aid must follow PSAP dispatching policies and protocols. a. Service Provider is required to submit, for the approval of the PFA Fire Chief, a list of all agencies with whom Service Provider is requesting to enter into mutual aid agreements for the provision of 911 transport services. b. Service Provider may not incorporate a surcharge for providing mutual aid. 8.14 Dispatch Requirements Service Provider is required to utilize PFA’s designated PSAP for all 911 responses. a. If requested, PFA in its sole discretion may choose to permit exceptions to this requirement as requested by Service Provider at the sole financial expense of Service Provider. SECTION 9.0 MEDICAL EQUIPMENT, MEDICATIONS AND SUPPLIES a. Equipment and supplies must be authorized by the Medical Director and, when applicable, communicated to PFA. b. Equipment and supplies cannot be changed without notification of and coordination with the Contract Manager. Every attempt will be made by Service Provider to standardize supplies and equipment with PFA as well as with regional hospitals. c. Service Provider must equip all Basic Life Support ("BLS") ambulances with supplies and equipment necessary to carry out BLS care in accordance with PFA, county, state, and federal requirements where applicable. • Service Provider will allow PFA's paramedics to utilize equipment from Service Provider’s ambulance. d. Service Provider must equip all Advance Life Support ("ALS") ambulances with supplies RFP 10218 Emergency Medical Services for PFA Page 16 of 59 and equipment necessary to carry out ALS and BLS care in accordance with PFA, county, state, and federal requirements where applicable. e. All required equipment and supplies must be supplied in each response vehicle and Service Provider must provide for the timely restocking of such equipment and supplies. f. Appropriate Personal Protection Equipment (PPE) required for emergency situations and weather as mandated by the Incident Commander must be utilized in compliance Service Provider's policies. g. Service Provider must regularly review equipment to address any changes in industry standards and/or changes in the level of care prescribed by the Medical Director. 9.1 Medical Equipment, Medications, and Supplies Exchange Service Provider shall replenish disposable supplies and medications (except for DEA controlled substances) used by PFA in delivering care prior to a patient's transfer to Service Provider's ambulance. All items will be replenished at the incident scene unless patient care would be adversely affected by doing so. Service Provider shall stock its ambulances with sufficient equipment, medications, and supplies to allow for exchange and restocking without falling below equipment and supply stock minimum requirements. SECTION 10.0 TRAINING Ongoing training and education are necessary to meet certification requirements and are critical to ensure Service Provider's personnel have the latest information regarding patient care and advances in pre-hospital medicine. To the extent that the training and education programs required to be provided by Service Provider to PFA pursuant to the Agreement and this Exhibit A are not programs made available to the general public and/or provided to Service Provider's EMS Providers in the general course of business, a. The training program and all curriculum must be pre-approved by the Medical Director and shall include the following minimum criteria: 1. Built on the foundations of EMS curriculum as established by the State of Colorado. 2. Satisfies recertification requirements of each provider's certification level. (State of Colorado and National Registry of EMTs) (EMR, EMT, EMT-IV, AEMT, EMT- Intermediate and Paramedic). 3. Places an emphasis on inter-agency participation in recognition of a systems approach to response. 4. Reinforces clinical expectations of applicable protocol(s). 5. "Train the Trainer" sessions are conducted to familiarize adjunct instructors with curriculum content. 6. Informed by system QA/QI findings. 7. Ability for attendees to give feedback on instructional content, instructors, etc. 8. Automated notification system to proactively inform providers on the status of their recertification progress (Colorado / NREMT). 9. Automated notification system to proactively inform administrators on the status of certificate holders' recertification progress (Colorado / NREMT). RFP 10218 Emergency Medical Services for PFA Page 17 of 59 10. Web based archive of developed content available to assist providers in satisfying recertification requirements. (State of Colorado and National Registry of EMTs) (EMR, EMT, AEMT, EMT-Intermediate, Paramedic). b. Provide yearly EMS refresher training to PFA personnel to maintain certifications and to provide updates on new procedures and policies. The system will allow for tracking of hours and compliance. SECTION 11.0 QUALITY ASSURANCE / QUALITY IMPROVEMENT PROGRAM The QA/QI Program ensures that the standard of care, as described in the protocols, is being provided. The QA/QI Program also ensures that the requirements of the Continuous Quality Improvement requirements set forth in 6 CCR 1015-3, Chapter. 2, Section 5 and the Quality Management requirements set for in Part 9 of Article 3.5 of Title 25 of the Colorado Revised Statutes. The QA/QI Program will be an organized, coordinated, multi-disciplinary approach to the assessment of all aspects of the pre-hospital emergency medical system for the purpose of improving patient care services and outcomes with clinical performance trends identified and used to guide training. a. The QA/QI Program must review designated calls for documented care alignment to established KPIs as determined by the medical direction. In addition, a minimum of five (5) percent of randomly selected calls must be reviewed. b. The Medical Director must provide a minimum of six (6) or more training days per year to work directly with PFA personnel. Two (2) days of training shall fall on each of the scheduled A, B, and C shifts and shall be at least one and a half (1.5) hours each. Training topics may include, but need not be limited to, case reviews, EMS issues, new equipment and/or treatment, and QA/QI. The QA/QI program shall include the following minimum criteria: 1. Maintain focus on providing world class EMS clinical care by methodical analysis of all available data. 2. Clinical excellence should be identified and acknowledged. 3. Where opportunities for improvements in care are identified, determination of root cause should inform intervention at the appropriate level. 4. Evaluation of documentation in patient care report(s). 5. Review of cardiac monitor data. 6. Review of applicable protocol(s) with comparison to documented care. 7. Follow up available to prehospital providers. 8. Discussion of case with prehospital providers. 9. Service Provider shall ensure its Providers attend Case Reviews when requested. 10. Include key performance indicators (KPIs). 11.1 Monthly QA/QI Program Reporting Service Provider shall electronically submit to the Contract Manager QA/QI Program reports for each month. Reports must be received no later than 5:00 p.m., fifteen (15) business days after the final day of the month. a. The monthly QA/QI Program report shall include, but not be limited to: RFP 10218 Emergency Medical Services for PFA Page 18 of 59 1. List of identified KPIs for each QA/QI Program element (e.g. protocol, procedure, medication). 2. Comparison of care provided to each KPI. SECTION 12.0 VEHICLES AND EQUIPMENT All of Service Provider's ambulances must be in good working order and appearance. a. Service Provider must comply with Service Provider's vehicle policies and procedures. b. Service Provider vehicles or equipment that the Contract Manager reasonably determines to have deficiencies that may negatively impact crew or patient safety shall be removed from service and either replaced or repaired without undue delay. c. Each of Service Provider's 911 response ambulances must meet all rules and regulations as outlined in Larimer County Ambulance Licensing Requirements set forth in Article III of Chapter 22 of the Larimer County Code, and CDPHE regulations relating to ground ambulance licensure (6 CCR 1015-3, Chapter 4 – Licensure of Ground Ambulance Services) and must meet or exceed the requirements set forth in Federal KKK-1822C Standards. d. Each of Service Provider's 911 response ambulances must be specified and constructed to transport two (2) patients, one (1) of Service Provider's paramedics or EMTs, one (1) additional attendant in the patient compartment, one (1) family member, and one (1) driver in the front area, all without exceeding the Gross Vehicle Weight (G.V.W.) rating of the ambulance when fully stocked and fueled. e. Service Provider must have an adequate number of 4-wheel drive ambulances as needed to meet the Response Time Requirement Standard, as defined herein, while operating in mountainous areas, rough terrain, and during winter months where snow and ice is prevalent. f. All of Service Provider's response vehicles must display lettering which identifies Service Provider's business name and must meet striping and lighting visibility standards as required by all applicable licensing bodies and must maintain consistency in demarcation and radio designation. g. All of Service Provider's response vehicles must display the unit number in at least 4-inch letters on both sides and rear of the vehicle and roof. h. Visual and audible warning devices will be consistent with those utilized by any applicable licensing body and PFA. i. Alterations or alternative configurations may be allowed by the PFA Fire Chief upon the request of Service Provider and in the PFA Fire Chief's sole discretion. 12.1 Maintenance Service Provider shall maintain all ambulances and equipment in a manner to achieve the highest standard of safety, reliability, and appearance. All personnel utilized by the Servicer Provider to maintain vehicles and equipment must be properly trained, certified, and knowledgeable. a. Any vehicle or equipment utilized by Service Provider will be managed to the standards required by CAAS accreditation. RFP 10218 Emergency Medical Services for PFA Page 19 of 59 b. Upon PFA's request, Service Provider must provide PFA with evidence of CAAS certification. 12.2 Opticom As a condition of the Agreement and this Exhibit A, Service Provider shall enter into and maintain a separate contract with PFA for the Opticom system and maintenance. (See Exhibit C to the Agreement, Agreement for Use of Opticom System.) SECTION 13.0 COMMUNICATIONS EQUIPMENT Service Provider must equip all ambulances with portable and mobile communications equipment compatible with PFA communications plan. a. Service Provider will be financially responsible for all costs associated with implementing, upgrading, and making reasonable changes to this communications equipment as required by PFA. b. All communications equipment must be pre-approved by the Contract Manager prior to implementation and shall include the following minimum criteria: 1. Mobile Data Terminal ("MDT's")/computers and radio equipment for adequate communications which is provided and maintained by Service Provider. 2. All ambulances must be equipped with Automatic Vehicle Routing (AVR), Automatic Vehicle Location (AVL)/Mobile Data Communications (MDC) systems which link to the PSAP Computer Aided Dispatch (CAD). 3. Communication equipment must include 700-800 MHZ radio compatible with FRCC DTR system, Colorado State DTR system, radio talk-group channel capable to effectively communicate with PFA and all other Larimer County agencies to meet or exceed the existing system. 4. Each ambulance must have at least one mobile and one portable 700-800 MHZ radio. 5. Service Provider will utilize the mobile client mandated by Fort Collins 911 to display all information on unit status including units assigned to calls, unit status, units responding, arrival at scene, units transporting, and units at hospital. SECTION 14.0 AMBULANCE STAFFING When Service Provider is operating an ambulance, all personnel must meet the applicable requirements of all applicable local, state, and federal, statutes, rules, regulations, and laws. a. All personnel staffing ambulances must be certified, in good standing, with the Colorado Department of Public Health and Environment. b. Service Provider shall, at a minimum, staff ALS ambulances with at least one certified or licensed Emergency Medical Technician ("EMT") or above and one certified or licensed Paramedic. c. Service Provider shall, at a minimum, staff BLS ambulances with at two (2) certified or licensed Emergency Medical Technician ("EMT") or above. RFP 10218 Emergency Medical Services for PFA Page 20 of 59 14.1 Management and Supervision Service Provider must provide the management and supervision necessary for effective oversight, and administration of ambulance transport services. a. Service Provider shall provide a designated person(s) to function as liaison to PFA in reference to EMS Operations and Management issues. b. At least one Service Provider employee shall always be on duty to ensure operational efficiency and to provide support to Incident Commanders, as necessary. c. Terms/titles used to identify Service Provider's management staff must consider the Incident Command System and be approved by the PFA Fire Chief. d. Management staff for Service Provider with anticipated command or general staff duties must attend ongoing PFA ICS trainings two times per year or as designated by the Contract Manager. 14.2 Uniforms and Appearance of Personnel a. Service Provider's ambulance personnel shall always wear clean, professional uniforms in compliance with Service Provider's standards. b. Name tags and level of training badges must be worn by all of Service Provider's personnel. 14.3 Personnel Conflict Resolution Process Conflicts involving Service Provider's employees and PFA that cannot or should not be resolved on an individual level will be resolved through a formal conflict resolution process as agreed upon by the Contract Manager and Service Provider. a. Any concerns or conflicts that may affect portions of the Agreement and/or this Exhibit A must be communicated to the Contract Manager and the appropriate supervisors in writing. 14.4 Participation in ICS/NIMS Service Provider must fully and actively participate in the Incident Command System (ICS/NIMS). a. Service Provider must adhere to minimum training requirements for each level of the organization. b. Field level employees must take at a minimum ICS/NIMS 100, 200 and NIMS 700 and 800. c. Management staff with anticipated command or general staff duties is required to take ICS/NIMS 100, 200, 300, 400, NIMS 700, 800. d. Service Provider will provide an appropriately trained administrative representative to the AHJ whenever requested. (i.e. planning, large scale or complex event response) SECTION 15.0 DESTINATION POLICIES Service Provider will follow all state and local destination policies and protocols, including all state RFP 10218 Emergency Medical Services for PFA Page 21 of 59 and regional rules and regulations regarding transport criteria to appropriate facilities and patient requests. a. Service Provider will utilize appropriate transport options (e.g.,. helicopter) for critical patients, as necessary, even if such transport is not part of Service Provider's service. SECTION 16.0 COMMAND AND CONTROL At emergency response scenes where Service Provider is present, PFA has the responsibility for overall scene safety and management. a. Service Provider is included in standard operating procedures within the incident command system and has command responsibilities prior to the arrival of PFA. b. Once PFA arrives on scene, the command responsibility is transferred to the ranking officer of PFA. SECTION 17.0 RETURN OF PFA PERSONNEL Service Provider shall be responsible for, and shall see as a priority, the return of any PFA personnel that accompany the patient(s) and Service Provider to any hospitals. a. Service Provider shall return PFA personnel to their assigned duty station. If Service Provider cannot return the PFA personnel, Service Provider shall provide an alternate means of transportation back to quarters for the PFA personnel. b. While returning any PFA personnel to their assigned duty station, Service Provider may not respond to any calls for service unless they are responding with the original PFA crew to which the PFA personnel are assigned, or they are the closest available unit. SECTION 18.0 PROPRIETARY CALLS Any patient, or other person requesting or requiring ambulance transportation in a non-emergent situation within PFA's jurisdiction may request another ambulance service. All emergent situations must go through the PSAP's 911, PFA, and Service Provider. SECTION 19.0 PUBLIC SAFETY STAND-BY Upon request, Service Provider shall furnish EMS stand-by coverage at emergency incidents involving a potential danger at no charge for the first 24 hours of the event. a. When requested, Service Provider agrees to provide additional EMS personnel/Ambulance(s) for high-risk training as defined by the Contract Manager. SECTION 20.0 COMMUNITY EDUCATION AND RISK REDUCTION Service Provider will work with PFA to develop and implement community education and risk reduction programs and coordinate these programs with other organizations. a. In implementing such programs, Service Provider should partner with other organizations including but not limited to: 1. Healthcare coalition in Larimer County 2. NCRETAC RFP 10218 Emergency Medical Services for PFA Page 22 of 59 3. Colorado Impact 4. Larimer Safe Kids Coalition 5. Larimer County Health Department 6. Alliance for Community Traffic Safety in Colorado 7. PFA Safe Communities Program 8. Larimer County Sheriff's Department 9. Local first responders, including local Law and Fire Agencies b. Examples of programs may include, but are not limited to: 1. School education addressing access to 911, helmet safety, EMS careers, DUI awareness. 2. Heart Safe 3. CPR Training 4. Stop the Bleed Training 5. Adult education including child safety seats and fall prevention 6. Safety Fairs 7. Injury Prevention 8. Safety Messaging c. Community Health Program 1. Service Provider shall provide funding to PFA for two (2) EMT-IV and one (1) Licensed Clinical Social Worker (LCSW). Such funding will be used exclusively by PFA to support community risk reduction. At PFA's sole discretion, the positions may be employees of PFA or PFA may engage a third party or Service Provider to provide this support. PFA shall have sole authority in directing the activities of the individual(s). SECTION 21.0 DISASTER PREPAREDNESS AND RESPONSE Service Provider shall be actively involved in planning for and responding to any declared disaster in PFA's jurisdiction, including planning for the provision of services to vulnerable populations. a. If a disaster within PFA's jurisdiction is declared, normal operations shall be suspended and Service Provider shall respond in accordance with the applicable disaster plan. b. Service Provider shall use best efforts to maintain primary emergency services and have an approved recovery and response plan in place to assure 911 response services are resumed within 24 hours. SECTION 22.0 DATA PROGRAMS/COLLECTION SYSTEMS/INFORMATION REPORTING/AUDIT The long-term success of any EMS system is predicated upon the ability to measure, analyze, and report operational, clinical, and administrative data. a. Response time reports and records will be generated utilizing Computer Aided Dispatch RFP 10218 Emergency Medical Services for PFA Page 23 of 59 ("CAD") Data as the standard. b. Other reports and records will be generated utilizing agreed upon platforms; provided, however, that if the Parties cannot agree on such platforms, they will be selected by PFA. c. Service Provider shall be responsible for data input and reporting in a manner which facilitates review by PFA and any other entity authorized by law or contract to review data and reporting. d. The data collected is used by Service Provider and PFA to make fact-based decisions regarding response times, medical equipment, medications and supplies, training needs and clinical performance. e. If Service Provider is required by state or federal regulation to change software, Service Provider will provide written notification to the Contract Manager with a plan to address required data per contractual terms. f. All systems and reports must comply with PFA, state, and federal data collection and reporting requirements. g. Service Provider must utilize agreed upon platforms for the statistical evaluation of system performance. h. Software approved by PFA will be utilized to produce required reports. Any additional programming to this software needed to monitor and validate activities will be paid for by Service Provider. i. As reasonably requested by PFA, Service Provider agrees to promptly respond to data requests. 1. Document Review – PFA shall have the right to access any records of Service Provider upon fifteen (15) business days' notice and solely to the extent such review reasonably relates to the Services provided hereunder. 2. Response Time Audit Trail – Service Provider must interface with the Fort Collins 911 Computer Aided Dispatch (CAD) system that ensures a complete audit trail for all response times and ensures PFA access to the response time data at any time to assure compliance. 3. Data tracking software, as defined by PFA, will be utilized to facilitate required data analysis. This data will be available to Participating Providers upon request. j. In situations or areas where interfacing with the Fort Collins 911 CAD system is unavailable, an exemption may be granted to Service Provider. SECTION 23.0 PATIENT CARE REPORT A patient care report (PCR) is required to be completed for all patients for whom care is rendered, regardless of whether the patient is transported. a. In order to facilitate system and quality improvement efforts, similar types of patient care reports shall be utilized by Service Provider and PFA. b. Service Provider will develop and implement an electronic PCR reporting system. c. Costs associated with the development and implementation of the reporting system shall be Service Provider's responsibility. d. Service Provider shall provide appropriate access to Service Provider's PCR system to RFP 10218 Emergency Medical Services for PFA Page 24 of 59 PFA’s QA/QI Program Team. 23.1 Monthly Compliance Report Service Provider must electronically submit to the Contract Manager compliance reports for each month. Reports must be received no later than 5:00 p.m., fifteen (15) business days after the final day of the month. a. The monthly compliance report shall include, but not be limited to: 1. The calculation to determine quarterly response time compliance for non- emergent and emergent responses as described in Section 8.11 in each zone. i. Failure to meet 90% compliance to "Standard" time in any zone(s) requires submission of Remediation Equivalency (R-E) as described in Section 26.0. 2. Updates on all RE initiatives as applicable. 23.2 Annual Report The Annual Report shall be due within 30 days after the close of the calendar year. The annual report shall include mutually agreed upon information between Service Provider and PFA; provided, however, that if the Parties cannot agree on what is to be included, then PFA shall instruct Service Provider as to what must be included. SECTION 24.0 CUSTOMER SERVICE Service Provider will provide monthly patient satisfaction scores to PFA. a. Service Provider shall provide written notification to the Contract Manager of all customer complaints regarding PFA and/or Service Provider within twenty-four (24) hours. SECTION 25.0 PATIENT FEES (RATES) a. Service Provider must make patient fees available to the public in a transparent and accessible form. b. Service Provider shall provide the Contract Manager with its patient fees (rates) schedule. c. Service Provider shall provide the Contract Manager written notice of any changes to the patient fees (rates) at least 30 days in advance of the effective date of such changes. d. Service Provider must provide a telephone number on all invoices which a customer may call to make inquiries about the services billed on the invoice. e. Service Provider shall be responsible for all billing and collections for such charges. SECTION 26.0 REMEDIATION EQUIVALENCE "Remediation-Equivalence" (R-E) is the process of allowing an equivalency to be applied in lieu of liquidated damages being assessed to address failure to meet specified "Standard" quarterly compliance requirements. a. An equivalency shall be applied by Service Provider in lieu of liquidated damages being assessed under any of the following conditions: RFP 10218 Emergency Medical Services for PFA Page 25 of 59 1. Service Provider is not compliant with Section 8.9 during the time period of the applicable R-E; AND/OR 2. An R-E plan pertaining to the last quarter of data must be submitted to the Contract Manager prior to the third Tuesday of the next month and must include: i. Clearly defined compliance deficits by Section and/or zone(s); ii. Metrics used to address deficits and solutions as identified in subparagraphs a.1 – a.3 above; iii. Plan of system improvements to be implemented; iv. Evaluation of effectiveness – Tools and methods to establish successful improvements or desired changes as a result of implementation; and v. Reassessment of plan and reporting parameters. b. The Contract Manager will use current R-E evaluation tool (attached hereto as Attachment 2) to score the proposed R-E and to work with Service Provider for development of R-E proposal revisions prior to approval. SECTION 27.0 PERFORMANCE SECURITY a. Continuous Service Delivery. Service Provider agrees that, in the event of default by Service Provider that results in PFA's termination of the Agreement, Service Provider will make best efforts in good faith to cooperate with PFA to ensure continuous delivery of services that conform to the requirements of the Agreement and a seamless transition of such services to another EMS vendor, regardless of the underlying cause of the default, for a reasonable period not to exceed six (6) months following termination of the Agreement. b. Performance Security – Irrevocable Letter of Credit. Service Provider must provide performance security by providing PFA with an automatically renewable irrevocable letter of credit in a form and substance satisfactory to PFA. The letter of credit will identify PFA as the sole payee with full authority to demand immediate payment in the case of Service Provider's default. The amount of the letter of credit will be One Million Five Hundred Thousand Dollars ($1,500,000.00) issued by a federally insured (FDIC) banking institution in Colorado with a debt rating of 1A or higher by the FDIC, A or higher by Standard & Poors, A or higher by Moody's Investors, or a comparable rating by a comparable rating system. The letter of credit will expressly provide for the restriction of rights of both Service Provider and the banking institution to object and/or refuse to honor a demand for payment by PFA. The PFA Fire Chief or the PFA Fire Chief's authorized designee will have sole discretion to determine the accountability of the banking institution. In the event the performance security is used for defaults such that the total amount available under the letter of credit is reduced to One Million, Two Hundred Fifty Thousand Dollars ($1,250,000.00), Service Provider will immediately replenish the performance security to One Million, Five Hundred Thousand Dollars ($1,500,000.00). Service Provider shall ensure that written evidence of the letter of credit provided to PFA is updated at least annually. c. Notice of Change. The irrevocable letter of credit shall contain the following endorsement: "At least sixty (60) days' prior to cancellation, replacement, failure to renew, or material alteration of this irrevocable letter of credit, written notice of such intent shall be given to PFA by the financial institution. Such notice shall be delivered by certified mail to the PFA Fire Chief. RFP 10218 Emergency Medical Services for PFA Page 26 of 59 d. Rights Reserved. The rights reserved to PFA with respect to the irrevocable letter of credit are in addition to all other rights of PFA, whether reserved by the Agreement or otherwise authorized by law, and no action, proceeding, or right with respect to the irrevocable letter of credit shall affect any other right that PFA has or may have. SECTION 28.0 INFECTIOUS DISEASE EXPOSURE PROCESS Service Provider shall maintain and provide access to a comprehensive infectious disease follow- up process for any PFA personnel who sustain accidental needle sticks, bloodborne pathogen exposures, or other occupational exposures. This process must be available 24 hours per day, 7 days per week to ensure that PFA personnel have timely and unrestricted access to appropriate care. The process shall include: 1. Immediate evaluation and counseling at the time of exposure. 2. Laboratory testing and prophylactic treatment when indicated and in accordance with current CDC and OSHA guidelines. 3. A designated point of contact to communicate all necessary information to PFA or its representative so that internal follow-up and documentation may occur in compliance with HIPAA and other applicable guidelines. SECTION 29.0 INNOVATIVE PRACTICES Service Provider must work with PFA to explore and develop appropriate innovative practices, procedures, and/or new equipment utilization affecting EMS delivery and treatment that are new or different from established practices to include best practices and outcomes for the delivery of EMS. Innovative practices will include, but not limited to: • Treat on scene; • 911 Nurse Triage Program; • Research studies and those with the publicity of being published; and/or • Appropriate response model development. SECTION 30.0 PROPOSAL SUBMITTAL REQUIREMENTS Service Providers are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Service Providers propose to provide and shall be incorporated in the contract award as deemed appropriate by the City/PFA. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Proposal font shall be a minimum of 10 Arial (or comparable) and margins are limited to no less than .5” for sides and top/bottom. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. Responses must include all the items in the order listed below. It is suggested that the Service Providers include each of the City’s questions with their response. The City/PFA shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. RFP 10218 Emergency Medical Services for PFA Page 27 of 59 A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Service Provider Information 1. Describe the Service Provider’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). C. Firm Capability and Assigned Personnel Provide relevant information regarding previous experience related to this or similar projects, to include the following: 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this Agreement shall be provided in this section. 2. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the services described above. 3. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 4. Third-party audited statement of financial condition. 5. References. Provide a minimum of three similar projects with public agencies in the last 5 years that have involved the staff and subcontractors proposed to work on this project. Include the organization name, contact name, email and phone number, subconsultants on the team and a brief description of the work and any change orders. The Service Provider authorizes the City/PFA to verify any and all information contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information provided. D. Scope of Proposal 1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City/PFA to consider in addition to the following: • Draft Deployment Plan RFP 10218 Emergency Medical Services for PFA Page 28 of 59 • Approach to ensure response time standards will be achieved • Physician Advisor including amount of time to be dedicated to PFA • Staffing plan • Medical equipment, medication and supplies summary including ambulances • Wellington Zone 1 Service Level 2. Briefly describe any exceptions and/or risks to the scope of services. 3. Describe the methods and timeline of communication your firm will use with the PFA’s Contract Manager and other parties. 4. Include a description of the software and other analysis tools to be used. 5. Identify what portion of work, if any, may be subcontracted or outsourced to subconsultants. Include all applicable information herein requested for each Service Provider. 6. Provide any information that distinguishes Service Provider from its competition and any additional information applicable to this RFP that might be valuable in assessing Service Provider’s proposal. E. Cost 1. Proposed Patient Fee schedule. 2. Provide a summary of annual fee schedule percent cost change for last five (5) years. F. Legal & Regulatory Compliance 1. Overview of training programs/syllabuses 2. Regulatory investigations, findings, complaints, and resolution 3. Contract disputes/terminations within last five years 4. Litigation within last ten years G. Exceptions 1. Any exceptions to the requirements and terms set forth in this RFP including but not limited to: - Response time standards - Liquidated Damages - Levels of insurance - Reporting and audit - Agreement for Dispatch Services - Agreement for Use of Opticom Systems - Service Agreement - Irrevocable Letter of Credit - References RFP 10218 Emergency Medical Services for PFA Page 29 of 59 SECTION 31.0 SELECTION PROCESS AND EVALUATION 31.1 Anticipated Schedule The following represents the estimated schedule for the RFP. The PFA reserves the right to amend the target schedule at any time. • RFP issuance: September 24, 2025 • Question deadline: 3:00 PM MT on October 8, 2025 • Final Addendum Issued: October 15, 2025 • Proposal due date: 3:00 PM MT on October 31, 2025 • Interviews (tentative): Beginning of December 2025 • Award of Contract (tentative): December 2025 / January 2026 • Agreement Start Date: June 1, 2026 31.2 Selection Committee The Selection Committee will be appointed by the Fire Chief to review and evaluate proposals based the below criteria. PFA may also seek expert advice to help review proposals. Such advisors to the Selection Committee may attend evaluation meetings but shall have no role in the scoring. The Selection Committee will not participate in any communications with candidate firms prior to the interview phase of the evaluation process. 31.3 Proposal Review and Scoring The Selection Committee shall rank candidate firms based on their written proposals using the below evaluation criteria. At the sole discretion of the Selection Committee, interviews of the top ranked candidate firms may be conducted. At the discretion of PFA, award of the contract may be based solely on the written proposals. Evaluation Criteria Each response will be reviewed and scored based upon its completeness and clarity addressing each criteria component. Criteria 1: System Integration, Deployment and Response Times 400 points 100 points: Overview of plan to meet response time standards 50 points: Draft Deployment Plan and capabilities specifics 50 points: Fee Schedule 25 points: Special event and special coverage plan 50 points: Ability to meet all requirements of the RFP 50 points: Staffing (skill level, number full/part time employees, % overtime & annual turnover) 25 points: Management and Project Team structure and roles 30 points: Physician Advisor RFP 10218 Emergency Medical Services for PFA Page 30 of 59 20 points: Training Capabilities Criteria 2: Experience 125 Points 25 points: History and number of past/present EMS contracts 25 points: Demonstrated EMS experience supporting urban & rural areas 25 points: Regulatory investigations, findings, complaints and resolution 25 points: EMS contract disputes and/or terminations within the last five 25 points: Review litigations within the last ten years Criteria 3: Qualifications & Financial Stability 100 points 25 points: Proposal & Presentation – Clarity, Completeness, Exceptions 25 points: Firms management structure and project management strength 25 points: CAAS Accreditation or equivalent 25 points: Strength of current audited statement of financial condition Points from Criteria I - III will be combined to achieve an overall proposal score for the top proposer. 31.4 Interviews In addition to submitting a written proposal, the top-rated Service Providers may be interviewed by the Selection Committee and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations. The Selection Committee reserves the right to use alternate interview methods including, but not limited to, remote interviews through a platform such as Microsoft Teams or Zoom. 31.5 Reference Evaluation (Top-ranked firm) The Contract Manager will check references for the top-ranked firm. SECTION 32.0 ACKNOWLEDGEMENT The Acknowledgement Form is attached included on the following two (2) pages. Service Providers are required to complete the attached form indicating the Service Provider acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Service Provider has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. RFP 10218 Emergency Medical Services for PFA Page 31 of 59 ACKNOWLEDGEMENT This form may not be redlined and must be submitted with your proposal. Failure to adhere to these requirements may result in your proposal being rejected. Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP 10218 Emergency Medical Services and sample Agreement except as otherwise noted. Additionally, Service Provider hereby makes the following representations to City/PFA: a. All of the statements and representations made in this proposal are true to the best of the Service Provider’s knowledge and belief. b. Service Provider commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Service Provider further agrees that the method of award is acceptable. e. Service Provider also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. f. Service Provider acknowledges receipt of addenda. g. Service Provider acknowledges no conflict of interest. h. Service Provider acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Service Provider may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service Provider may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the Service Provider’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City/PFA. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Service Provider hereby waives any and all claims for damages against the City/PFA for the City’s/PFA’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Legal Firm Name: Physical Address: Remit to Address: RFP 10218 Emergency Medical Services for PFA Page 32 of 59 Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 10218 Emergency Medical Services for PFA Page 33 of 59 ATTACHMENT 1 RFP 10218 Emergency Medical Services Page 34 of 59 Attachment 2 Remediation-Equivalency Evaluation Tool Remediation-Equivalency Evaluation Tool 12 = Preferred 9 – 11 = Acceptable < 8 = Unacceptable 0 - 1 UNSATISFACTORY 2 - MARGINAL 3 - ACCEPTABLE 4 - PREFFERED compliant with requirements during the time period of the applicable R- E being requested. No reference to compliance status regarding Section(s) 8- 11. compliance status regarding Section(s) 8-11. regarding Section(s) 8-11. compliance status regarding Section(s) 8-11. System improvements identified and implementation plan detailed within specified time frames by the Service Provider. No reference regarding where system improvements can be identified and implemented within specified time frames by the Contractor. where system improvements can be identified and implemented within specified time frames by the Contractor. where system improvements can be identified and implemented within specified time frames by the Contractor. regarding where system improvements can be identified and implemented within specified time frames by the Contractor. R-E plan for improvement is submitted to PFA with all components per Exhibit. A, Section 26.0 Submitted plan for improvement Submitted Plan shows limited correlation to exception zones between exceptions and planned improvements. identifies direct correlations to individual zone exceptions and planned improvements RFP 10218 Emergency Medical Services Page 35 of 59 SECTION 33.0 SAMPLE AGREEMENT (for reference only – do not sign) AMBULANCE SERVICES AGREEMENT between Poudre Fire Authority and [Service Provider] This Ambulance Services Agreement ("Agreement") is entered into by and between the Poudre Fire Authority ("PFA"), a political subdivision of the state of Colorado, and [Service Provider] ("Service Provider" or "Contractor"), a(n) [enter state] [business type]. PFA and Service Provider are referred to herein as a "Party" and collectively as the "Parties." WHEREAS, PFA is a fire authority established by intergovernmental agreement between the City of Fort Collins (“City”) and the Poudre Valley Fire Protection District in conformance with Section 29-1-203 and -203.5, C.R.S., to provide fire protection, fire protection, fire suppression, emergency medical, ambulance, and related emergency services (collectively, "Emergency Services") within its service territory and to individuals passing through its service territory; WHEREAS, PFA presently does not directly provide ambulance service as part of its Emergency Services; and, WHEREAS, PFA desires to hire Service Provider to provide the Services (as defined below), and Service Provider desires to provide the Services, on the terms and conditions set forth in this Agreement and the attached Exhibits A through E (collectively, the “Exhibits”). NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the Parties agree as follows: 1. Exhibits Incorporated. The Parties agree that the attached Exhibits are expressly incorporated herein and made a part of this Agreement. 2. Term. This Agreement shall commence on June 1, 2026, and shall continue in full force and effect until May 31, 2031, unless sooner terminated as herein provided (“Initial Term”). This Agreement may be renewed for a term mutually agreed to by the Parties and subject to the approval of the PFA Board. 3. The Services. Service Provider shall provide the ambulance and other emergency medical services set forth in this Agreement, the “Scope of Services” attached as Exhibit A, and in the other attached Exhibits(collectively, the "Services"). 4. The Agreement for Dispatch Services. The Agreement for Dispatch Services attached as Exhibit B ("Dispatch Services Agreement") between PFA, Service Provider, and the City is expressly incorporated herein and shall govern the Parties' use of and reliance on dispatch services operated and provided by the City. 5. The Opticom Agreement. The Agreement for Use of Opticom System attached as Exhibit C ("Opticom Agreement") is expressly incorporated herein and shall govern the Parties' use of PFA's Opticom system and related equipment. RFP 10218 Emergency Medical Services Page 36 of 59 6. Delay. If any Party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the Party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, Service Provider must provide written notice to PFA of such condition within fifteen (15) days from the onset of such condition. 7. Notice. All notices or other communications (collectively, “Notice”) required or permitted under this Agreement shall be given by hand delivery or certified/registered mail, return receipt requested, to the following addresses: Attn: Email Address Attn: Chief Derek Bergsten 102 Remington Street Fort Collins, CO 80524 Derek.Bergsten@poudre-fire.org Copy to: Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com Either Party may change its address for receiving Notice by notifying the other Party of such change in accordance with this provision. Notice given by certified/registered mail shall be deemed given three (3) business days after deposit in the mail or when received, whichever occurs first. 8. Payment to PFA. Service Provider shall pay PFA as provided herein, pursuant to Exhibit A, Scope of Services; Exhibit B, Agreement for Dispatch Services; and Exhibit C, Agreement for Use of Opticom System. 9. PFA Representative. PFA will designate, prior to commencement of the Services, its representative ("PFA Representative") who shall make, within the scope of his/her authority, all necessary and proper decisions regarding the Services provided under this Agreement. All communications from Service Provider concerning this Agreement shall be directed to the PFA Representative. PFA may change its PFA Representative at any time in its sole discretion by providing Notice to Service Provider. 10. Independent Service Provider. By entering into this Agreement, the Parties are not creating, and shall not be construed as creating, a joint venture, partnership, authority, or any other type of relationship between the Parties except as contracting entities, and each Party shall remain a separate and distinct entity for all purposes under this Agreement. The Services to be performed by Service Provider are those of an independent service provider and not RFP 10218 Emergency Medical Services Page 37 of 59 of a PFA employee. PFA shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation, or other taxes or benefits or for any other purpose. 11. Subcontractors. Service Provider may not subcontract any of the Services without PFA’s prior written consent, which PFA may give or deny in its sole discretion. If any of the Services are subcontracted hereunder (with the prior written consent of PFA), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor must agree in writing to comply with and be bound by all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and PFA, nor will it obligate PFA to pay, or ensure the payment of, any subcontractor, and (d) the Services provided by the subcontractor will be subject to inspection by PFA to the same extent as the Services of Service Provider. 12. Personal Services. It is understood that PFA enters into this Agreement based on the special abilities of Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, Service Provider shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of PFA, which consent may be given or denied in its sole discretion. 13. Acceptance Not Waiver. PFA's approval or acceptance of and/or payment for any of the Services shall not be construed to operate as a waiver of any rights or benefits provided to PFA under this Agreement or any cause of action arising out of Service Provider’s performance of this Agreement and the Services. 14. Warranty. Service Provider warrants that all Services will be performed with the highest degree of competence and care in accordance with the standards of care applicable to entities and personnel performing similar services in the State of Colorado. 15. Termination for Cause. a. PFA's Termination for Cause. In addition to the termination rights set forth in other provisions of this Agreement, PFA has the right to terminate this Agreement for cause pursuant to this Section. PFA may terminate this Agreement Service Provider fails to meet any of the quarterly compliance standard set forth in Section 7.11 of Exhibit A in any three (3) consecutive quarters. Service Provider shall not have Cure Rights (defined below) to address such a failure. Subject to the Cure Rights defined below, PFA also may terminate this Agreement upon the occurrence of one or more of the following: i. Denial, suspension, revocation, termination, lapse, or voluntary relinquishment (under threat of disciplinary action) of any license or certification required for Service Provider to perform any of the Services; RFP 10218 Emergency Medical Services Page 38 of 59 ii. Service Provider’s violation of any of the confidentiality provisions or HIPAA requirements set forth in this Agreement; iii. Service Provider's inability at any time to procure and maintain professional liability insurance coverage as required by this Agreement and/or as otherwise required by law; iv. PFA’s determination that Service Provider has engaged in conduct that PFA reasonably considers to be unethical, fraudulent, or unlawful; v. Service Provider's failure to comply with any federal, state, or local laws, regulations, rules, or procedures applicable to this Agreement and/or the Services; vi. Service Provider's failure to maintain equipment in accordance with manufacturer recommended maintenance procedures; vii. Disruptive personal behavior by any of Service Provider's personnel which materially interferes with the provision of the Services or PFA’s operations, as determined by PFA; viii. Service Provider's failure to comply with any material term and/or material condition of this Agreement; or ix. Appointment of a receiver for Service Provider's assets, an assignment by Service Provider for the benefit of its creditors, or any relief taken or suffered by Service Provider under any bankruptcy or insolvency law. b. Service Provider's Termination for Cause. Service Provider has the right to terminate this Agreement for cause pursuant to this Section. Subject to the Cure Rights (defined below), Service Provider may terminate this Agreement upon PFA's failure to comply with any material term and/or material condition of this Agreement, subject to PFA's Cure Right. 16. Cure Right. "Cure Right" means the right of the breaching Party to cure certain breaches within thirty (30) days after receipt of written notice from the non-breaching Party that specifies the applicable provision(s) of this Agreement and the alleged breach. Following receipt of written notice, the breaching Party must either cure the breach, or provide evidence to the reasonable satisfaction of the non-breaching Party that cause for the breach does not exist. Unless the non-breaching Party agrees the breach does not exist, within five (5) business days of receipt of the notice, the breaching Party shall deliver to the non-breaching Party a written plan to cure the breach. The breaching Party shall provide a written status report every five (5) business days thereafter until the breach is cured. 17. Remedies. If a breaching Party fails to cure its breach within thirty (30) days of receiving a written notice of such breach, the non-breaching may elect to (a) terminate this Agreement and seek damages; (b) treat this Agreement as continuing and, as to Service Provider only, require specific performance; or (c) avail itself of any other remedy at law or in equity. 18. Binding Effect. This document, together with the Exhibits, constitutes the entire agreement RFP 10218 Emergency Medical Services Page 39 of 59 between the Parties and shall inure to and be binding upon the Parties and their directors, officers, employees, agents and permitted assigns. Covenants or representations not contained in this Agreement shall not be binding on the Parties. 19. Indemnity/Insurance. a. Service Provider agrees to indemnify and defend PFA, its directors, officers, agents, and employees against and from any and all actions, suits, claims, demands, or liability of any character whatsoever arising out of, resulting from, or occurring in connection with Service Provider’s performance of any of the Services or otherwise in any way related to this Agreement. PFA shall have the right to select its legal counsel notwithstanding Service Provider's obligation to pay the fees, costs, and expenses incurred by such legal counsel in defense of PFA. b. Service Provider shall take all necessary precautions in performing the Services hereunder to prevent injury (including death) to all persons and property. c. Without limiting any of Service Provider's obligations hereunder, Service Provider shall provide and maintain insurance coverage naming "Poudre Fire Authority" as an additional insured under this Agreement, and stating that PFA’s insurance is non- contributory, of the type and with the limits specified within Exhibit D (the "Insurance Requirements"), which also is expressly incorporated herein and made a part of this Agreement. Service Provider is the "Contractor" as that term is used in the Insurance Requirements. PFA is the "Client" as that term is used in the Insurance Requirements. Service Provider, before commencing any Services, shall deliver to PFA's Director of Purchasing and Risk Management, P.O. Box 580 Fort Collins, Colorado 80522 the certificate(s) or endorsement(s) evidencing the insurance coverage required from an insurance company acceptable to PFA. 20. Choice of Law/Jurisdiction/Venue. The laws of the State of Colorado shall govern the construction interpretation, execution, and enforcement of this Agreement. Venue for any lawsuit or legal proceeding to enforce or interpret any of the terms of this Agreement and/or to adjudicate any claims arising out of or related to this Agreement shall lie exclusively in the District Court for Larimer County, Colorado. Each Party consents to the jurisdiction of the District Court for Larimer County, Colorado, and agrees to waive any challenges to the jurisdiction of such court over any matter arising out of or related to this Agreement 21. Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such determination shall not invalidate or render unenforceable any other provision of this Agreement. 22. Confidentiality. Service Provider agrees to strictly comply with all of the confidentiality requirements set forth in Exhibit E, which is incorporated herein and expressly made a part of this Agreement. 23. HIPAA. The Parties are committed to ensuring confidentiality with respect to information shared for purposes of this Agreement and the Services. The Parties agree that Service RFP 10218 Emergency Medical Services Page 40 of 59 Provider is a covered entity under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and is therefore subject to the privacy and security requirements for managing protected health information ("PHI"). Pursuant to HIPAA, Service Provider is permitted to use and disclosure PHI (limited to the minimum necessary) for its own treatment, payment, or health care operations, which includes conducting quality assessment and improvement activities and outcome evaluations. Therefore, Service Provider shall disclose PHI to designated employees of PFA ("Designated PFA Employees") for the purpose of evaluating the Services, conducting quality assessments, and identifying quality improvement opportunities for Services provided hereunder, as further described in Exhibit A to this Agreement. The Designated PFA Employees shall have access to the portal in which Service Provider enters and maintains patient care records related to the Services for the sole purpose of performing quality assessment and improvement activities, and the Parties agree to develop a schedule of regular audits to ensure that the Designated PFA Employees are accessing only information required to perform those activities. In addition, PFA agrees to require its Designated PFA Employees to sign confidentiality agreements outlining their responsibilities with respect to information accessed and used to perform their duties. To the extent that Service Provider provides data to PFA for any purpose outside of quality assessment and improvement, such information shall be de-identified as defined under HIPAA regulations. 24. Governmental Immunity. Nothing in this Agreement is intended to be, and shall not be construed as, a limitation on or waiver of any of the rights, privileges, immunities, limitations on damages, benefits, and defenses provided to, or enjoyed by, PFA, or its directors, officers, employees, or agents, under federal or state law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. 25. Non-Appropriation. All direct and indirect financial obligations of PFA under this Agreement are subject to appropriation, budgeting, and availability of funds to discharge such obligations. If PFA's Board of Directors fails to appropriate funds for PFA's obligations under this Agreement, this Agreement shall terminate on December 31 of the year in which the non-appropriation occurred, and neither Party shall have any further obligation to or recourse against the other Party under this Agreement beyond any remaining funds that PFA previously appropriated for the year in which the non-appropriation occurred. 26. Colorado Open Records Act. This Agreement and any communications, documents, data, and information of any kind or nature provided by Service Provider to PFA may be subject to disclosure by PFA pursuant to the Colorado Open Records Act, C.R.S. § 24-72-200.1, et seq. Any documents, data, and information that Service Provider deems confidential, proprietary, or a trade secret must be clearly marked as such. PFA will only protect from disclosure expressly marked confidential, propriety or trade secret information and only to the extent permitted by law. RFP 10218 Emergency Medical Services Page 41 of 59 27. Tax Exemption. As a unit of local government, PFA is tax exempt. Service Provider is responsible for ensuring that neither it nor its subsidiaries, subcontractors, or vendors incur any taxes that could be avoided as a result of PFA's tax-exempt status. 28. Attorneys’ Fees. In any civil action or proceeding arising out of or otherwise related to this Agreement and/or the Services, the prevailing Party shall be awarded its reasonable attorneys' fees, costs, and expenses, including any attorneys' fees, costs, and expenses incurred in any appellate action and/or in collecting or executing on any judgment, order, or award. 29. Signatures/Counterparts. This Agreement may be executed in several counterparts and by facsimile or electronic PDF, each of which shall be deemed an original and all of which shall constitute one valid and binding instrument. [Signature Page Follows] RFP 10218 Emergency Medical Services Page 42 of 59 POUDRE FIRE AUTHORITY, a political subdivision of the State of Colorado By: ______________________________________ Susan Gutowsky, Chair Date: ____________________________________ ATTEST: By: _______________________________ Nancy Salazar, PFA Secretary [SERVICE PROVIDER] By: ______________________________________ Printed: Title: Date: ____________________________________ RFP 10218 Emergency Medical Services Page 43 of 59 EXHIBIT A SCOPE OF SERVICES RFP 10218 Emergency Medical Services Page 44 of 59 EXHIBIT B AGREEMENT FOR DISPATCH SERVICES THIS AGREEMENT FOR DISPATCH SERVICES ("Dispatch Agreement") is entered as of the date of the last signature below, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (the "City"), [SERVICE PROVIDER], a(n) [enter state] [business type] ("Service Provider"), and Poudre Fire Authority, a political subdivision of the state of Colorado ("PFA"). The City, PFA, and Service Provider may be referred to individually as a "Party" and collectively as the "Parties." WITNESSETH: WHEREAS, the City presently operates a Communications Center, Fort Collins 911 (FC911) for the provision of dispatching services to governmental agencies serving the geographical area in and around the City of Fort Collins, Colorado; WHEREAS, PFA is a fire authority established by intergovernmental agreement between the City and the Poudre Valley Fire Protection District in conformance with Sections 29-1-2043 and -203.5, C.R.S., to provide fire protection, fire protection, fire suppression, emergency medical, ambulance, and related emergency services in and around the City of Fort Collins, Colorado; WHEREAS, PFA and Service Provider have entered into an Ambulance Services Agreement (the "Ambulance Services Agreement") whereby Service Provider will provide ambulance services and other emergency medical services within PFA's service territory, including the area in and around the City; WHEREAS, Service Provider's ambulance services involve certain emergency medical and transportation services, including paramedics, emergency medical technicians, and ambulances, which require radio communication and dispatching; and WHEREAS, the utilization by Service Provider of the dispatching services of the City avoids duplication of services and promotes cost efficiency and maximum coordination of services among local agencies; and WHEREAS, the Parties agree that it is appropriate to pay for such services in an amount equal to the percentage of calls generated and the overall FC911 budget; NOW, THEREFORE, in consideration of the mutual promises contained below and other good and valuable consideration, the Parties agree as follows: 1. Term. This Dispatch Agreement shall remain in full force and effect unless and until the Ambulance Services Agreement is terminated by PFA or Service Provider or unless this Dispatch Agreement is terminated by one of the Parties in accordance with the terms set forth herein. 2. Services to be Provided by the City. For the benefit of PFA and the Service Provider, the City shall provide dispatching services on a twenty-four (24) hour per day basis between Fort Collins 911 (FC911), located at the Fort Collins Police Services building, 2221 S. Timberline Road, Fort Collins, Colorado, and such radio bases and mobile and portable dispatching units owned by Service Provider as may be designated by Service Provider. RFP 10218 Emergency Medical Services Page 45 of 59 Specific dispatching services to be provided by the City through FC911 are itemized below and, in rendering such services, the City shall utilize all dispatching equipment and capabilities which may be currently owned and operated by the City to the extent that such are reasonably necessary to effectuate the purposes of this Dispatch Agreement. The City and Service Provider further agree, in rendering and utilizing such services, that each will adhere to the procedures contained in FC911 Training Manuals, Standard Operating Procedures and Operational Bulletins. The following services shall be provided by the City: a. Monitoring, answering and dispatching emergency calls for medical treatment and transportation services received by the City through citizen use of the "911" emergency number. b. Monitoring, answering and dispatching calls for such services received through non- emergency numbers. c. Recording all such calls for services as referred to in subparagraphs a. and b. above, as well as all dispatch communications between FC911 and the designated dispatching units of Service Provider, with such audio recordings to be preserved by the City and retained for twenty-four (24) months after the date of recording. Upon request by Service Provider, the City shall provide Service Provider with copies of any recordings made and preserved under the provisions of this subparagraph and pertaining to the emergency services provided by Service Provider. d. Maintaining records of all dispatch services rendered to Service Provider under this Dispatch Agreement, to be made available to Service Provider upon request, which records shall include the following information: • The date, time and call number assigned to each dispatch call for services received and handled by the City for Service Provider, together with a brief description of the nature of each such call. • The location to which Service Provider personnel responded to each such call and the responding vehicle number. e. Maintaining emergency, back-up power sources for dispatching equipment. f. Maintaining current maps and other geographical information necessary to affect the efficient and prompt response to requests for services to be rendered by Service Provider. g. Allowing access by Service Provider to radio frequencies licensed to the City or its departments when reasonably necessary for the purpose of providing reliable communication in outlying areas served by Service Provider. h. Maintaining EMD certification of dispatchers as required to practice Medical Priority's emergency medical dispatching. 3. Records. The services provided by the City regarding the maintenance of records and recording of calls for service in paragraphs 2.c. and d. hereinabove shall not render the City RFP 10218 Emergency Medical Services Page 46 of 59 the "official custodian" of such records for CORA (C.R.S. § 24-72- 200.1, et seq.) purposes. Service Provider remains the official custodian of such records and all requests for inspection of records and recordings shall be forwarded to Service Provider. Other than as contained in paragraph 2.c., any preservation, retention or other requirements for such records shall be the responsibility of Service Provider. 4. Compensation. Beginning January 1, 2026, and every year thereafter during the term of this Dispatch Agreement, Service Provider hereby agrees to pay the City for services rendered by the City and as reimbursement for anticipated expenses. The amount due to the City by Service Provider shall be the percentage of the FC911 budget based on the number of calls for service generated for Service Provider in the previous year per the methodology in the attached Schedule 1. Number of calls will be based on medical related incidents which are generated through the Computer Aided Dispatch (CAD) System. Incident totals shall exclude all agreed upon call types that are self-generated by Service Provider staff. All annual amounts to be paid under this Dispatch Agreement shall be payable upon invoice in four (4) equal quarterly installments; each of which shall be due and payable on the following dates: March 1, June 1, September 1 and December 1 of each year. The Compensation will be reconciled based on actual annual expenses by the Parties by February 1st of the following year. Any credit or payment due based on the reconciliation will be completed by March 1st. 5. Use of Mobile Data Devices. For the purpose of dispatch accuracy and efficiency, the City requires that each of Service Provider's regular duty ambulances be equipped with a Mobile Data Device that is capable of transmitting status codes. 6. Liability. The Parties hereto shall be solely responsible for the actions or omissions of their respective officers, agents and employees and shall not be responsible or legally liable for the negligent acts of the other Party. The Service Provider further agrees to indemnify, defend, and hold the other Parties harmless from any damages, losses, expenses, causes of action or other liability whatsoever arising from or in any way relating to any personal injury or damages to person or property caused by the negligent acts or omissions of Service Provider’s officers, agents, or employees. In the event that the Service Provider is required to defend one or both of the other Parties under this Section, the other Parties shall be entitled to select counsel of their own choosing, and the Service Provider will be obligated to fully reimburse the other Parties for all of their costs and attorneys' fees. 7. Notices. Any and all notices or any other communication herein required or permitted shall be deemed to have been given when personally delivered or deposited in the United States postal service as regular mail, postage prepaid, and addressed as follows or to such other person or address as a Party may designate in writing to the other Parties: To the Service Provider: To the City: Attn: Attn: FC911 Manager 2221 S. Timberline Post Office Box 580 RFP 10218 Emergency Medical Services Page 47 of 59 To PFA: With a copy to: Attn: Fire Chief 102 Remington Street Attn: City Attorney's Office Post Office Box 580 8. Entire Agreement. This writing, together with Schedule "1" attached hereto, constitutes the entire Dispatch Agreement between the Parties. 9. Binding Effect. This Dispatch Agreement shall be binding upon and inure to the benefit of the Parties and the agents, assigns and successors in interest of each respectively. 10. Default. In the event that any Party should fail or refuse to perform according to the terms of this Dispatch Agreement, such Party may be declared in default, and such defaulting Party shall be allowed a period of five (5) days within which to cure said default. In the event the default remains uncorrected, the non-defaulting Parties may elect to: a. Terminate this Dispatch Agreement and seek damages; b. Treat this Dispatch Agreement as continuing and, with respect to Service Provider only, require specific performance; or c. Avail itself of any other remedy at law or in equity. In any civil action or proceeding arising from or relating to this Dispatch Agreement, the prevailing Party shall be awarded its reasonable attorneys’ fees, costs, and expenses, including the reasonable attorneys’ fees, costs, and expenses incurred I n any appellate action and in collecting or executing on any judgment, order, or award. 11. Good Faith. The Parties, their agents, and employees agree to cooperate in good faith in fulfilling the terms of this Dispatch Agreement. The Parties agree that they will attempt to resolve any disputes concerning the interpretation of this Dispatch Agreement and unforeseen questions and difficulties which may arise in implementing this Dispatch Agreement by good faith negotiations before resorting to termination of this Dispatch Agreement and/or litigation. 12. Modification. This document constitutes the full understanding of the Parties, and no term, condition, understanding or agreement purporting to modify or vary the terms of this Dispatch Agreement shall be binding unless hereafter made in writing signed by all Parties. Course of performance, no matter how long, shall not constitute an amendment to this Dispatch Agreement. Waiver of a breach of this Dispatch Agreement shall not be construed as a waiver of any subsequent breach of this Dispatch Agreement. 13. Non-Assignment; No Third Party Beneficiary. This Dispatch Agreement, and each and every covenant herein, shall not be assignable except with the prior consent of the Parties. This Dispatch Agreement shall not be construed as or deemed to be a dispatch agreement for the benefit of any third party or parties, and no third party or parties shall have a right of action hereunder for any cause whatsoever. RFP 10218 Emergency Medical Services Page 48 of 59 14. Merger. This Dispatch Agreement constitutes the entire agreement between the Parties, and all prior and contemporaneous conversations, negotiations, possible alleged agreements, representations, covenants, and warranties concerning the subject matter hereof are merged herein. 15. Appropriation. To the extent this Agreement or any provision in it requires payment of any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal year debt or financial obligation of the City and/or PFA, it shall be subject to annual appropriation by Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution and/or PFA’s governing body. The City and/or PFA shall have no obligation to continue this Agreement in any fiscal year for which there are no pledged cash reserves or supporting appropriations pledged irrevocably for purposes of payment obligations herein. Non- appropriation by the City and/or PFA shall not be construed as a breach of this Agreement. 16. Colorado Open Records Act. Service Provider acknowledges that the City and PFA are governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200, et seq. (CORA), and documents in the City’s and PFA’s possession may be considered public records subject to disclosure under the CORA. The Parties agree that this Agreement and all incorporated Exhibits, unless specifically marked as Confidential, are considered public records under the CORA. 17. Governmental Immunity. Nothing in this Dispatch Agreement is intended to be, and shall not be construed as, a limitation on or waiver of any of the privileges, immunities, limitations on damages, and defenses provided to, or enjoyed by, the District, or its directors, officers, employees, volunteers, or agents, under federal and state law, including but not limited to, the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. 18. Additional Terms Clause. Colorado law governs this Dispatch Agreement. Jurisdiction and venue for any civil action or proceeding arising out of or related to this Dispatch Agreement shall lie exclusively in the Larimer County District Court, and all Parties expressly agree to waive any objections to such jurisdiction and venue. This Dispatch Agreement may be executed in several counterparts and by facsimile or electronic PDF, each of which shall be deemed an original, and all of which shall constitute one valid and instrument. [Signature Page Follows] RFP 10218 Emergency Medical Services Page 49 of 59 IN WITNESS WHEREOF, this Dispatch Agreement has been executed to be effective as of the last date of signature below. [SERVICE PROVIDER] By: Printed: Title: Date: CITY OF FORT COLLINS, COLORADO a municipal corporation By: Printed: Title: Date: POUDRE FIRE AUTHORITY, a political subdivision of the State of Colorado By: Printed: Title: Date: RFP 10218 Emergency Medical Services Page 50 of 59 Schedule 1 Dispatch Services Reimbursement Calculation Methodology Fort Collins 911 will provide dispatching services on a twenty-four (24) hour per day basis. Radio bases, mobile units and portable dispatching units will be owned and maintained by the Service Provider. FORMULA FOR COSTS IS: • 1 FTE Emergency Services Dispatcher position – 2024 costs were $136,618.85 (includes salary, overtime, and benefits). • A percentage of Fort Collins 911 year ending expenditures based on the number of calls generated by the Service Provider. Any call opened, dispatched, or closed by Fort Collins 911 will be included in this number. • Yearend expenditures shall include personnel and overtime costs and other operational costs, and any other dispatch related supplies and materials. This cost does not include the 1 FTE dispatcher salary, overtime, and benefit figures as noted above. • A percentage of CAD yearly software maintenance costs; radio yearly maintenance costs, dispatch related phone line costs. • A percentage of costs of new or upgraded dispatched related systems such as CAD and/or applications to include software, hardware, implementation services and any other related service required for the system(s). • Any additional equipment costs incurred by Fort Collins 911 to provide dispatching services to the Service Provider such as. − One Dispatch workstation/furniture equipment − One Radio console/workstation − One Radio consolette for back up communications FOR EXAMPLE: Yearly expenditures for 2024 totaled $4,563,681.23 (not including 2024 1 FTE dispatch salary, overtime, benefits and equipment maintenance cost). Percentage of ambulance calls opened, dispatched, or closed by Fort Collins 911 through Computer Aided Dispatch (CAD) system = 17% • 17% OF TOTAL EXPENDITURES = $ 935,209.56 $ 762,937.91 (17%) Annual expenditures minus dispatcher $ 35,147.08 (17%) Ongoing CAD Costs (Central Square /CAD) $ 505.72 (17%) Dispatch analog back-up $ 136,618.85 Emergency Services Dispatcher Position 1 FTE $ 935,209.56 * TOTAL AMBULANCE CONTRACT COSTS (2025) 2025 Payments *: Four calendar quarter payments of $233,802.39 RFP 10218 Emergency Medical Services Page 51 of 59 EXHIBIT C AGREEMENT FOR USE OF OPTICOM SYSTEM THIS AGREEMENT FOR USE OF OPTICOM SYSTEM (the "Opticom Agreement") is entered as of the date of the last signature below, by and among the Poudre Fire Authority, a political subdivision of the State of Colorado ("PFA"), and [Service Provider], a(n) [enter state] [business type] ("Service Provider"), and the City of Fort Collins, a municipal corporation (the "City"). The City, PFA and Service Provider may be referred to individually as a "Party" and collectively, as the "Parties." WITNESSETH: WHEREAS, PFA is fire authority established by intergovernmental agreement between the City of Fort Collins and the Poudre Valley Fire Protection District for the purposes of providing fire protection and other emergency services within the territorial limits of the City and the Poudre Valley Fire Protection District; and WHEREAS, Service Provider is a [business type] that manages and operates certain emergency medical and transportation services, including paramedics, emergency medical technicians and ambulances in and around the City, in connection with an Ambulance Services Agreement between PFA and Service Provider (the "Ambulance Services Agreement"); and WHEREAS, the City is a home rule municipality organized and existing under Colorado law; and WHEREAS, PFA owns and operates an Opticom system and related equipment (hereinafter referred to as the "System") at certain intersections within the City to assist in emergency vehicle travel through such intersections in emergency situations in order to increase safety and reduce response times; and WHEREAS, there are currently 174 out of 199 intersections in the City controlled by traffic signals owned and/or maintained by the City and said traffic signals can be preempted and controlled by the System; and WHEREAS, the City has agreed to permit PFA and Service Provider to utilize the System on the City’s traffic signals at those, and any additional intersections to facilitate the delivery of emergency services to the residence of the City; and WHEREAS, PFA has identified additional intersections that impact emergency response routes throughout the City that will not be paid for by new development, resulting in the need for cost sharing among users of the System in order to install the System in traffic signals at the additional intersections; and WHEREAS, the utilization by Service Provider of the System will enhance the delivery services provided by Service Provider to the community; and WHEREAS, Service Provider has agreed to share in and reimburse PFA for the costs in installing additions to the System and in maintaining and repairing the System; and WHEREAS, the Parties therefore enter into this Opticom Agreement to set forth the terms and conditions by which the Parties will use the System and share the costs to acquire specific RFP 10218 Emergency Medical Services Page 52 of 59 additions to the System and to provide for the continued maintenance and repair of such System. NOW, THEREFORE, in consideration of the mutual promises contained below and other good and valuable consideration, the Parties hereto agree as follows: 1. Term of this Agreement. This Opticom Agreement shall commence as of the date of the last signature below and shall remain in force unless and until the termination of the Ambulance Service Agreement or as terminated by one of the Parties in accordance with the terms of this Opticom Agreement. 2. Services to be Provided by PFA. PFA shall provide the Service Provider with the means and equipment required to utilize PFA’s System. The parties will collaborate to identify and evaluate additional intersections to expand the System to improve response times and safety. 3. Compensation. In consideration for use of the System the Service Provider hereby agrees to pay, on an annual basis and upon invoice from PFA, one-half the cost of maintaining the entire System. Such maintenance cost shall be subject to change on an annual basis by mutual written agreement of the parties. For 2026, the Service Provider’s share of the maintenance cost is anticipated to be $16,656.00. The Service Provider’s portion of the maintenance is based on the total annual maintenance cost per intersection of $192.00 and the total number of intersections which is 174. The due dates for the payments of all the financial obligations and required reimbursements by Service Provider under this Opticom Agreement shall be thirty (30) days after Service Provider receives a billing invoice from PFA. The Service Provider shall also pay one-half the cost of installation for new intersections added to the System as may be mutually agreed from time to time. As of 2025 the average cost to install Opticom is approximately $6,800 for two directions and $7,800 for all four directions of an intersection. 4. Ownership and Maintenance of Equipment. The Parties hereby acknowledge that the System equipment under this Opticom Agreement is owned by PFA and/or the City. Compensation paid by Service Provider for use of the System does not in any way convey any ownership interest to Service Provider in and to the System, any component equipment or the traffic signals. 5. Obligations regarding use of the System. The City agrees to permit Service Provider and PFA to utilize the System and will continue to install and maintain the System on its traffic signals provided that Service Provider and PFA use the System only while providing emergency services. The Parties agree that the System will not be used for any other purpose and that use of the System for any other purpose shall afford the City the right to terminate this Opticom Agreement. 6. Liability. Each of the Parties shall be solely responsible for the action or omissions of their respective officers and employees and shall not be responsible or legally liable for the acts RFP 10218 Emergency Medical Services Page 53 of 59 or omissions of any other Party to this Opticom Agreement or of their officers and employees. The Service Provider further agrees to indemnify, defend, and hold the other Parties harmless from any damages, losses, expenses, causes of action or other liability whatsoever arising from or in any way relating to any personal injury or damages to person or property caused by the intentional or negligent acts or omissions of its own officers, agents, or employees. In the event that the Service Provider is required to defend one or both of the other Parties under this Section, that/those Party(ies) shall be entitled to select counsel of their own choosing and the Service Provider will be obligated to fully reimburse the other Party(ies) for all of their costs and attorneys' fees. 7. Entire Agreement. This writing constitutes the entire agreement among the Parties. All prior and contemporaneous conversations, negotiations, possible alleged agreements, representations, covenants, and warranties concerning the subject matter hereof are merged herein. 8. Effect of Agreement. This Opticom Agreement shall be binding upon and inure to the benefit of the Parties and the agents, assigns and successors in interest of each respectively. This Opticom Agreement is not intended, nor should it be construed, to effect or extend the legal responsibilities of any of the Parties; or create or modify any preexisting legal obligations, if any. This Opticom Agreement shall not be construed as or deemed to be an agreement for the benefit of any third-party or parties, and no third-party or parties shall have a right of action hereunder for any purpose whatsoever. 9. Default. In the event that a Party should fail or refuse to perform according to the terms of this Opticom Agreement, such Party may be declared in default, and such defaulting Party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, a non-defaulting Party may elect to: a. Terminate the Opticom Agreement and seek damages; b. Treat the Opticom Agreement as continuing and require, as to Service Provider only, specific performance; or c. Avail itself of any other remedy at law or in equity. In any civil action or proceeding arising from or relating to this Opticom Agreement the prevailing Party shall be awarded its reasonable attorneys’ fees, costs, and expenses, including but not limited to the reasonable attorneys’ fees, costs, and expenses incurred in any appellate action and in collecting or executing on any judgment, order, or award. 10. Colorado Open Records Act. Service Provider acknowledges that the City and PFA are governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200, et seq. (CORA), and documents in the City’s and PFA’s possession may be considered public records subject to disclosure under the CORA. The Parties agree that this Agreement and all incorporated Exhibits, unless specifically marked as Confidential, are considered public records under the CORA. RFP 10218 Emergency Medical Services Page 54 of 59 11. Assignment. This Opticom Agreement shall not be assigned by any of the Parties without the prior written consent of all the Parties to this Opticom Agreement. 12. Relationship of the Parties. The Parties enter into this Opticom Agreement as separate and independent entities and each shall maintain such status throughout the term of this Opticom Agreement. 13. Headings. Paragraph headings used in this Opticom Agreement are for convenience of reference and shall in no way control or affect the meaning or interpretation of any provision of this Opticom Agreement. 14. Construction. This Opticom Agreement shall be construed according to its fair meaning and as if prepared by all the Parties and shall be deemed to be and contain the entire understanding and agreement between the Parties. There shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Opticom Agreement unless set forth in writing and signed by all of the Parties. Whenever possible, each provision of this Opticom Agreement shall be interpreted in such a manner so as to be effective and valid under applicable law. 15. Severability. Subject to the terms and provisions of this Opticom Agreement, if any one (1) or more of the terms, provisions, promises, covenants or conditions of the Opticom Agreement, or the application thereof to any person, entity or circumstance shall be adjudged or determined to any extent to be invalid, unenforceable, void or voidable for any reason whatsoever, or shall be an act, or cause any Party to perform an act, which threatens its governmental provider or tax status, then such term shall be deemed stricken from this Opticom Agreement and each and all of the remaining terms, provisions, promises, covenants and conditions of this Opticom Agreement or their application to any other person, entity or circumstance shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.. 16. Notices. Other than invoice billings which may be sent by first class mail, whenever written notice is required or permitted to be given hereunder by one Party to another Party, it shall be given by hand delivery or by certified/registered mail, return receipt requested, to the Party to whom given. Such notices shall be addressed as follows: Attn: Attn: Traffic Engineer Post Office Box 580 To PFA: With a copy to: Attn: Fire Chief 102 Remington Street Attn: City Attorney's Office Post Office Box 580 RFP 10218 Emergency Medical Services Page 55 of 59 City of Fort Collins Attn: Purchasing Director Post Office Box 580 Any Party may at any time designate a different person or address for the purpose of receiving notice by so informing the other Parties in writing. Notice by certified/registered mail shall be deemed effective upon actual receipt thereof or three (3) business days after being deposited in the United States Mail, whichever first occurs. 17. Force Majeure. Notwithstanding anything contained herein to the contrary, it is agreed that in the event and to the extent that fire, flood, earthquake, natural catastrophe, explosion, accident, war, illegality, act of God, or strikes and labor troubles (whether or not within the power of the Party affected to settle the same), or any other cause beyond the control of a Party prevents or delays performance by that Party, such Party shall be relieved of the consequences thereof without liability, so long as and to the extent that performance is prevented by such cause. Such Party shall immediately notify the other Parties of such delay and the anticipated duration of such delay. 18. No Waiver/Course of Performance. No waiver by any of the Parties of any term or condition of this Opticom Agreement shall be deemed to be or shall be construed as a waiver of any other term or condition, nor shall a waiver of any breach of this Opticom Agreement be deemed to constitute a waiver of any subsequent breach of the same provision of this Opticom Agreement. This document constitutes the full understanding of the Parties, and no term, condition, understanding or agreement purporting to modify or vary the terms of this Opticom Agreement shall be binding unless hereafter made in writing signed by all Parties. Course of performance, no matter how long, shall not constitute an amendment to this Opticom Agreement. 19. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, and under any other applicable law. 20. Appropriation. To the extent this Agreement or any provision in it requires payment of any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal year debt or financial obligation of the City and/or PFA, it shall be subject to annual appropriation by Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution and/or PFA’s governing body. The City and/or PFA shall have no obligation to continue this Agreement in any fiscal year for which there are no pledged cash reserves or supporting appropriations pledged irrevocably for purposes of payment obligations herein. Non- appropriation by the City and/or PFA shall not be construed as a breach of this Agreement. 21. Additional Terms. Colorado law governs this Opticom Agreement. Jurisdiction and venue RFP 10218 Emergency Medical Services Page 56 of 59 for any civil action or proceeding arising out of or related to this Opticom Agreement shall lie exclusively in the Larimer County District Court, and all Parties expressly agree to waive any objections to such jurisdiction and venue. This Opticom Agreement may be executed in several counterparts and by facsimile or electronic PDF, each of which shall be deemed an original and all of which shall constitute one valid and binding instrument. [Signature Page Follows] RFP 10218 Emergency Medical Services Page 57 of 59 IN WITNESS WHEREOF, this Opticom Agreement has been executed the day and year first above written. [SERVICE PROVIDER] By: Printed: Title: Date: ATTEST POUDRE FIRE AUTHORITY, a political subdivision of the State of Colorado Nancy Salazar, PFA Secretary By: ___________________________________ Susan Gutowsky, Chair Date: ATTEST CITY OF FORT COLLINS, a municipal corporation By: ______________________________________ Gerry Paul, Purchasing Director APPROVED AS TO FORM Date: ___________________________________ RFP 10218 Emergency Medical Services Page 58 of 59 EXHIBIT D INSURANCE REQUIREMENTS A. The Contractor including the Medical Director shall maintain and pay for all of the following insurance coverages during the term of the contract and all renewals thereof: (a) Medical Professional liability coverage with limits of $5 million per claim and $5 million aggregate. (b) General liability coverage including Products, Completed Operations, Personal and Advertising Injury with limits of $5 million per claim and $5 million aggregate. (c) Umbrella/excess liability insurance covering professional and general liability with limits of $2 million per claim and $2 million aggregate. (d) Network Security and Privacy Liability Coverage related errors and omissions liability coverage including media liability with limits of $5 million per claim and $5 million aggregate. (e) Property and casualty coverage for its materials, equipment, furnishings, supplies, and all owned personal and/or business property and improvements located on Client’s premises under the standard “Special Form” coverage to its full replacement cost, without depreciation, adjusted yearly. (f) Workers’ compensation and other statutory insurances as required. B. The insurance coverages Contractor and its subcontractors shall be with insurers duly licensed or approved to do business in the State of Colorado and that have an “A.M. Best” rating of not less than A-VII. The coverages required in subparagraphs (a), (b), (c) and (d) above must be written on a “per-occurrence basis”, or if written on a “claims-made basis”, provide for continuous “tail coverage” of at least three (3) years beginning at the time this Agreement terminates. The Client and its officers and employees shall be named as “Additional Insureds” under the coverages required under paragraphs (b), (c) and (d) of Section 11.5 and these policies shall be written on a primary basis, non-contributory with any other insurance coverages and self-insurance carried by the PFA. Prior to providing any of the services, Contractor must submit to the PFA and the PFA must approve certificates of insurance evidencing all the insurance coverages Contractor is required to maintain under Section 11.5. For those policies on which the Client is to be named as an Additional Insured, the certificates of insurance shall state that the policy carrier will provide the Client at least thirty (30) days advance written notice for the cancellation, non-renewal or material changes to the policy. On all other policies, Contractor shall provide the PFA with at least thirty (30) days advance written notice for the cancellation, non-renewal or material changes to such policies. Failure of Contractor to fully comply with the requirements of Section 11.5 shall be considered an Event of Default under Article VII of this Agreement. RFP 10218 Emergency Medical Services Page 59 of 59 EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the Poudre Fire Authority (the “PFA”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City/PFA has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the PFA or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the PFA may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the PFA, or that relates to the business of the City/PFA, or that is used by the PFA in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the PFA). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the PFA. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the PFA. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the PFA in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the PFA, or the PFA so requests for any reason, the Service Provider shall promptly return to the PFA any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the PFA’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the PFA shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.