HomeMy WebLinkAboutItem 13 Approval of Independent Contractor Agreement for Air and Ground Ambulance Joint Marketing with FireMed
AGENDA ITEM SUMMARY
Meeting Date:
Meeting Type:
Department:
Staff Contact:
Staff Phone No:
Estimated Time:
March 17, 2008
Regular
Fire and Life Safety^^"
Dennis Murphy I J' ~ ,
726-3737
Consent Calendar
SPRINGFIELD
CITY COUNCIL
ITEM TITLE:
APPROVAL OF INDEPENDENT CONTRACTOR AGREEMENT FOR AIR AND
GROUND AMBULANCE JOINT MARKETING WITH FIREMED.
ACTION
REQUESTED:
ISSUE
STATEMENT:
Authorize the City Manager to sign an Independent Contractor Agreement for Air
and Ground Ambulance Joint Marketing.
Fire & Life Safety, acting as the administrator for FireMed, advertised a Request
for Proposals (RFP) for joint marketing of air and ground ambulance
memberships. Life Flight Network of Portland, proposing service from the Eugene
area, was the successful proposer. If approved, this contract will make Life Flight
the new air medical services provider for FireMed Plus members. The contract is
for one year, with possible annual amendment for renewal for four successive
years.
ATTACHMENTS:
A.
B.
Request For Proposals
Selection Scoring Matrix
DISCUSSION/
FINANCIAL
IMPACT:
Fire & Life Safety prepared and advertised an RFP for Air and Ground
Ambulance Joint Marketing, as determined necessary by the City Attorney. The
proposal evaluation committee included representatives of each of the three
FireMed partners, Eugene Fire & EMS, Lane Rural Fire/Rescue, and Springfield
Fire & Life Safety. Two proposers responded, Life Flight Network and REACH
Air Medical. REACH is the joint marketing contractor for the current (2007-08)
membership year. The new joint marketing contract will be for memberships
effective July 1, 2008-June 30, 2009.
Both proposers have excellent reputations for quality air-ambulance service and
membership. They fly comparable aircraft with comparable pilots and medical
crew. They also proposed identical annual membership fees for their part of the
ambulance membership.
The Life Flight Proposal was selected with a overall score of 456 points to 324
points due to the advantages of:
1) Operating from the Eugene Area compared to Corvallis,
2) Having an extensive reciprocal network including 10 helicopter and fixed-wing
( airplane) reciprocal agreements covering most of Oregon, Washington, and
Idaho; a large part of California; and part of Wyoming compared to a reciprocal
agreement limited to a single fixed-wing air ambulance on the south Oregon coast
3) Offering 48 appearances of their aircraft at promotional events in the
Eugene/Springfield area as compared to 3.
The RFP required a contribution of $98,900 by the air medical provider to pay for
their share of marketing costs. This is just more than a 3% increase from 2007,
and is budgeted for the upcoming campaign. We expect that the improvement in
service and the positive news coverage resulting from this new agreement will
help increase sales for FireMed (ground ambulance) and FireMed Plus (air and
ground ambulance.) No air-only membership is available.
City of Springfield Oregon
Department of Fire and Life Safety
Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Introduction
FireMed is an ambulance membership program administered by City of Springfield, Fire & Life
Safety Department for the benefit of residents of its Ambulance Service Area (ASA) and that of
the residents of the AS As of the City of Eugene, Fire & EMS Department, and Lane Rural
Fire/Rescue District. FireMed provides complete marketing services through a full-service
advertising and marketing contractor.
The City of Springfield (City) is requesting proposals from qualified vendors to provide services
related to joint marketing efforts for air and ground ambulance membership. This RFP is unique
inasmuch as the selected vendor will perform a very limited scope of work, and will pay the City
to be included in the FireMed marketing program. In return, the selected vendor will receive
payment for all air ambulance memberships sold.
The selected vendor will cooperate in joint marketing efforts by providing helicopter air medical
services as part of a promotional package of member benefit services offered under the city's
FireMed Ambulance Membership program:
FireMed expects that proposers will provide a proposal based on their best recommendations for
a successful 2008 campaign, not necessarily based on previous campaigns. FireMed will evaluate
proposals on their potential value to existing and prospective members.
Dennis Murphy, Fire Chief of Springfield Fire and Life Safety is the contact for information
related to this Request for Proposal. You may reach him at:
Phone: 541-726-3737
E-Mail: dmurphy@ci.springfield.or.us
Street Address: Springfield Fire and Life Safety, 225 Fifth St. Springfield, OR 97477
Contact with City or District Officials other than Dennis Murphy regarding this Request for
Proposal, could be grounds for disqualification"unIess otherwise directed within this Request for
Proposal.
Contracts
The contract form included as Attachment 1, shows general City of Springfield, Personal Service
, Contract requirements. The contract form included .as Attachment 2, shows specific requirements
for performance of terms of the RFP.
Term of Contract
The FireMed Air and Ground Ambulance Membership Joint Marketing contract will be for a
term starting when the contract is signed and expiring June 30, 2009, unless earlier terminated in
accordance with the provisions of the Contract or by mutual consent of the parties. The Contract
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
. Page 1 of20
may be amended annually, to extend the term stated herein, for not more than four (4) successive
one-year periods, upon mutual agreement of the parties. In addition, at the time of amendment,
City will set the amount of the contract for the following term of the Agreement. In negotiating,
any extension City shall consider the requirements of SMC Section 2.708(3) and each extension
shall not be effective until reviewed and approved by the Springfield Common Council. Terms
of renewal for each subsequent year will be decided by January 31 by mutual agreement of
PireMed and the vendor. If either party wishes to terminate the agreement, that party must give
written notice oftermination 30 days prior to the expiration of the current term.
FireMed Bac~round
PireMed offers members pre-paid ambulance service. When an ambulance transports a member,
the ambulance provider bills any insurance the member has, and accepts that as full payment. If
the member has no insurance, then the ambulance provider collects nothing. A PireMed member
pays nothing out of pocket for ambulance service. The agencies that make up PireMed provide
emergency and non-emergency ambulance and emergency medical services in an area of
approximately 3,000 square miles of central Lane County, Oregon.
The City of Springfield founded the PireMed ambulance membership program in 1986 as a low-
cost alternative to high ambulance user fe~s. Since then, the program has spread to over 70
agencies in Oregon and one in California. PireMed covers the amount of a member's ambulance
bill that is not reimbursed by insurance or other third-party resources. This coverage is effective
in central Lane County and throughout the service areas of all other reciprocal participating
agencies around the state, via reciprocal coverage agreements. PireMed members are not
responsible for any out-of-pocket expenses, which amounts to considerable savings. PireMed
solicits membership from all households in the Eugene, Lane Rural, and Springfield Ambulance
Service Areas (ASAs). The campaign typically runs from April! to June 30 each year. Not all
marketing activities are necessarily restricted to that specific time.
Currently there are 30,282 membership households covered by PireMed, of an approximate
132,000 households, as of March 2007, in the three ASAs. About 6,550 ofthese households are
ground and air ambulance memberships.
PireMed includes two membership options: PireMed Basic: Ground Ambulance Membership
and PireMed Plus: Ground, Plus Emergency Air Ambulance Membership. PireMed also includes
a program called JobCare that offers discounted memberships through employers. PireMed
Representatives are volunteers who champion PireMed in their workplace.
PireMed Ambassadors are volunteers who live in nursing homes, assisted living, and other care
facilities. They act as information links to PireMed for residents, informing new residents of the
benefits of PireMed, answering questions, and generally promoting membership.
REACH Air Medical Services, Inc. currently operates the local helicopter air ambulance service
from Corvallis Airport. They also offer membership with equivalent benefits in air ambulance
service, without rotor-wing reciprocity with other air ambulance providers in Oregon. REACH
provides the air ambulance membership included in the PireMed Plus membership option.
Additional details are available on the web at www.firemed.org
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 2 of 20
SCOPE OF WORK
PireMed is requesting proposals from state-licensed helicopter air ambulance providers
(Provider) who wish to be included in the PireMed marketing program as the exclusive provider
of member benefits for the PireMed Plus program. The Provider's payment will pay a share of
the direct marketing costs, with additional funding contributed by PireMed. In return, PireMed
will promote PireMed Plus to all existing members and solicit PireMed Plus to all residents of
the ASAs. Provider will receive payment for each air ambulance membership sold. The overall
management of all marketing and advertising efforts will be administered by PireMed. This
effort will provide any marketing and advertising strategies; technical advice; creative and design
work; production and distribution; and any other services required to accomplish program
objectives.
Initial total proposed payment by Provider for the first year of the term will not be less than
$99,900. Payment for subsequent years will be decided by January 31 of each year.
The specific scope of work requested and the stated timeframe is as follows:
1. Maintain 24-hour, year-round coverage, from the same base of operations location stated in
its RFP, for the term of this agreement.
2. Cooperate in good faith with Springfield in its efforts to perform services described in
Attachment 2, Exhibit "A."
3. P orward copies of all business regarding administration or policies of the Provider's
membership program to Springfield.
4. Designate a single person in an administrative position to receive and evaluate all complaints
by the AIR MEDICAL's officials and employees regarding Springfield's performance under
this agreement and share the information with the appropriate Springfield Representative in a
timely manner.
5. Pay to Springfield a fixed contribution to share advertising and marketing costs for the
annual membership campaign in the sum of $99,900.00. That share is to be matched with a
contribution from Eugene, Springfield, and Lane Rural Pire/Rescue. Provider will make
monthly installments of $33,300.000 each on April 1, May 1, and June 1,2008
6. In lieu of a contribution by Provider for PireMed membership administration and business
office expenses, Provider will provide a minimum of six helicopter trips to the
Eugene/Springfield area for the purposes of promoting the PireMedJ AIR MEDICAL
campaign, as pre-scheduled, in the months of April, May, and June 2008.
7. Solicit and consider in good faith the advice and recommendations of Springfield's
representatives in AIR MEDICAL development or alteration of ambulance membership
policies, procedures, and forms.
8. Offer to PireMed members an air ambulance option priced at $32.00 or less per year, above
the cost of regular PireMed ground ambulance membership. This is a preferred rate of at least
$5.00 less than the annual rate offered any other ambulance membership partner.
Vendors Proposals and Selection Process:
In order to be considered, vendors must submit a complete response in writing to this
Request for Proposal in accordance with the following requirements:
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 3 of 20
1. Eight (8) copies of the Proposals must be submitted in a sealed envelope marked "RFP:
FireMed Air and Ground Ambulance Joint Marketine" to:
Leslie Wilson
City of Springfield
Finance Department
225 Fifth Street
Springfield OR 97477
The Proposals are due at the above address no later than 11 :00 A.M. local time,
March 7, 2008.
2. Proposals shall include the following:
. Name, address, telephone, fax number, and email contact
. Proposer firm's recent experience providing air ambulance service and membership
marketing
. Name of proposer's Project Manager and his/her relevant qualifications
. Relevant qualifications ofproposer's project team members
. Proposed location of permanent base of operations for helicopter
. ,List of reciprocal memberships with other air providers, if any, and area covered
. Proposed aircraft for service to FireMed members and general description of
maintenance and backup aircraft, if any
. Description of proposed staffing of pilot and medical flight crew
. Number of joint publicity events featuring the aircraft, and any other promotions
proposed.
. Proposed annual fee for air ambulance membership when sold as a package by
FireMed
. Proposed date to begin flight 24-hour operations
3. The City of Springfield will not pay for any costs incurred by proposers in the
submission, preparation, and presentation of the proposals.
4. Any proposals may be withdrawn by delivering a written request to do so to Leslie
Wilson, City of Springfield, Finance Department, prior to 11 :00 AM, March 7, 2008.
5. The City of Springfield reserves the right to reject any or all proposals and to waive
irregularities and informalities in the selection process. The City of
Springfield retains the right to modify, negotiate, amend, refine, or reject any terms and
conditions proposed by proposer, as the City deems necessary to ensure a satisfactory
procurement, before the execution of the contract.
6. All material submitted by the proposer shall be considered the property of the
City of Springfield, and will not be returned to the proposer unless otherwise noted in the
Request for Proposal. Proposers wishing to exempt appropriate portions of their
proposals from disclosure as public records are encouraged to discuss their concerns with
Leslie Wilson, Finance Department, City of Springfield.
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 4 of 20
7. AIl proposals submitted will be valid for 60 days after closing date.
8. Proposal Selection Criteria (Proposals rated on the following point system with
maximums as follows) Total of 100 points possible.
· Proposer's recent experience with air ambulance and membership (10 points.)
· Proposed aircraft, maintenance, and backup including helicopter pilot and passenger
capacity. (5 points.)
. Proposed flight crew staffmg (5 points.)
· Proximity of location for permanent base for aircraft operation (35 points.)
· Reciprocal air ambulance membership agreements (number of current reciprocity
agreements and with what ambulance providers) (15 points.)
· Proposed annual fee for air ambulance membership sold by FireMed (15 points.)
· Proposed number and type of joint publicity events featuring the aircraft, and other
promotions proposed (15 points.)
FireMed representatives will evaluate and score each proposal according to the criteria
above.
9. Timeline
· Request for Proposal package available: February 26, 2008
· Advertise Daily Journal of Commerce, The Register Guard, Oregonian: 2/26/08 and
2/29/08
· Proposals Due by: 11 :00 AM local time, March 7, 2008
· Final evaluations to be conducted March 7, 2007, concluded by 4 PM
· Contract Intent to Award mailed on March 7, 2008
· City Council Approval (approximately)March 17,2008
Comnlaint Process
Any prospective proposer who contends that the provisions of this Request for Proposal or
any aspect of the procurement process will encourage favoritism in the award of this
contract, or substantially diminish competition, must file a written protest at least five (5)
business days prior to the date set for opening of proposals. Failure to protest will be deemed
a waiver of any claim by any proposer that the procurement process violates any provision of
the Oregon Revised Statues 279 or City of Springfield Municipal Code. Submit concerns to:
Mr. Robert Duey, Finance Director
City of Springfield
225 Fifth Street
Springfield Oregon 97477
The City of Springfield will make every effort to answer questions and, if warranted, amend
the Request for Proposal.
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 5 of 20
Attachment 1:
General Contract Form
CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
(Type 3: For Personal Services Contracts Requiring Professional Liability Insurance)
Dated:
Parties:
("CITY")
and
("Independent Contractor")
Additional Independent Contractor Information:
A. Type of Entity:
B. Address:
C. Telephone:
D. Fax No:
E. SSN or Fed. I.D. No:
F. Professional License(s) No:
G. Oregon Agency Issuing License:
H. Foreign Contractor DYes D No
(Foreign means not domiciled in or registered to do business in Oregon) See Exhibit 8(11).
o Sole Proprietorship 0 Partners 0 Limited Liability Company 0 Corporation
CITY Account Number(s) To Be Charged (Include Percentages):
___,_,_..__,__..~~~,':!'~!m'~~..~'~..~~,_....___..___..__!-__~~E.~~,g..~_mi
i
i
In consideration of the mutual covenants contained herein, the parties agree to the following terms,
provisions and conditions:
1. Payment by CITY. CITY shall pay Independent Contractor according to the sum
and schedule described on Attachment "1" attached hereto and incorporated herein
by this reference and in an amount not to exceed $
2. Services to be Performed by Independent Contractor. Independent Contractor
shall perform the services described on Attachment 1.
3. Term. This Agreement is effective as of the date first set forth above and shall
continue until , unless earlier terminated in accordance with
the provisions of this Agreement or by mutual consent of the parties.
4. Independent Contractor Status. By its execution of this Agreement, Independent
Contractor certifies its status as an "Independent Contractor" as that term is used
under the laws of the State of Oregon, and that all performance of any labor or
services required to be performed by Independent Contractor under the terms of this
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 6 of 20
Agreement shall be performed in accordance with the standards set forth in ORS
670.600, and as more specifically set forth on Exhibit "A" attached hereto and
incorporated herein by this reference.
5. Conformance with Oregon Public Contracts Law (ORS Chapter 279).
Independent Contractor shall comply with all applicable provisions of Oregon law for
public contracts, including, but not limited to ORS 2798.220, ORS 2798.225, ORS
2798.230, and ORS 2798.235, and as more fully set forth on Exhibits "A" and "8"
attached hereto and incorporated herein by this reference.
6. Work Performed. The work to be performed by Independent Contractor includes
services generally performed by Independent Contractor in his/her/its usual line of
business.
7. Tax duties and Liabilities. Independent Contractor shall be responsible for all
federal, state and local taxes, if any, applicable to any payments received pursuant
to this Agreement, including but not limited to income tax, payroll tax, social security
and self-employment tax. CITY shall not withhold, pay, or in any other manner be
responsible for payment of any taxes on behalf of Independent Contractor.
8. Reimbursement Of Expenses. Independent Contractor shall not be entitled to
reimbursement by CITY for any expenses incurred by Independent Contractor
unless otherwise agreed in writing.
9. Materials and Supplies. Independent Contractor shall supply all materials and
supplies needed to perform the services required unless otherwise agreed in writing.
10. No Authority To Bind CITY. Independent Contractor shall have no authority to
enter into contracts on behalf of CITY, it's officers, agents and employees. This
Agreement shall not create a partnership or joint venture of any sort between the
parties.
11. Federal Employment Status. In the event payment made pursuant to this
Agreement is to be charged against federal funds, Independent Contractor hereby
certifies that it is not currently employed by the Federal Government and the amount
charged does not exceed Independent Contractor's normal charge for the type of
services provided
12. Insurance and Indemnity. City and Air Medic agree that Air Medic will be required
to demonstrate insurance coverage. The type, extent, and amount of coverage
limits will be negotiated and mutually agreed upon. Also, additional insured status,
if any, and indemnification and hold harmless conditions will be discussed and may
be mutually agreed upon with the successful Proposer. If the City and Proposers'
are unable to agree upon language for the contract to be implemented pursuant to
this section ,to the mutual satisfaction of both parties, City may, in its discretion,
negotiate with another Proposer. City may also choose to waive the requirements of
this section, and may, in lieu thereof, choose to purchase non-owner aircraft
insurance coverage. The parties understand that nothing required in this section
may be in conflict with Federal Aviation Administration Regulations.
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 7 of 20
13. Termination. The performance of work under this Agreement may be terminated by
CITY, in whole or in part, whenever for any reason CITY shall determine that such
termination is in the best interest of CITY. Any such termination shall be effected by
delivery to the Independent Contractor of a Notice of Termination specifying the
extent to which performance of the work under the Agreement is terminated and the
date on which such termination is effective. Upon delivery to the Independent
Contractor of a Notice of Termination under this paragraph, the Independent
Contractor and CITY shall, by agreement, make an appropriate written modification
to this Agreement governing completion of portions of the independent Contractor's
work and payment therefore by CITY.
14. Rights In Data. All original written material, including programs, card decks, tapes,
listings, and other documentation originated and prepared for CITY pursuant to this
Agreement, shall become exclusively the property of CITY. The ideas, concepts,
know-how, or techniques developed during the course of this Agreement by
Independent Contractor personnel can by used by either party in any way it may
deem appropriate. Material already in Independent Contractor's possession,
independently developed by Independent Contractor outside the scope of this
Agreement, or rightfully obtained by Independent Contractor from third parties, shall
belong Independent Contractor. This agreement shall not preclude Independent
Contractor from developing materials which are competitive, irrespective of their
similarity to materials which might be delivered to CITY pursuant to this Agreement.
Independent Contractor shall not, however; use any written materials developed
under this Agreement in developing materials for others, except as provided in this
section.
15. Confidentiality. During the course of performance hereunder, Independent
Contractor or its agent, employees, or contractors, may receive confidential
information. Independent Contractor agrees to use its best efforts to maintain the
confidentiality of such information and to inform each agent and employee
performing services of the confidentiality obligation that pertains to such information.
16.Assignment/subcontract. Independent Contractor shall not assign, sell, transfer,
subcontract or sublet rights, or delegate responsibilities under this agreement, in
whole or in part, without the prior written approval of CITY. No such written approval
shall relieve Independent Contractor of any obligations of this Agreement, and any
transferee or subcontractor shall be considered the agent of Independent
Contractor. Independent Contractor.shall remain liable as between the original
parties to this Agreement as if no such assignment had occurred.
17. Successors In Interest. The provisions of this Agreement shall be binding upon
and shall inure to the benefit of the parties to this Agreement and their respective
successors and assigns.
18.Compliance With All Government Regulations. Independent Contractor shall
comply with all Federal, State and local laws, codes, regulations and ordinances
applicable to the work performed under this Agreement. Failure to comply with such
requirements shall constitute a breach of contract and shall be grounds for
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 8 of 20
termination of this Agreement. Damages or costs resulting from noncompliance
shall be the sole responsibility of Independent Contractor.
19.Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to
enforce any provision of this Agreement, Independent Contractor shall pay such
additional sums as the Court may adjudge reasonable for attorney fees plus all costs
and disbursements at trial and on any appeal.
20. Force Majeure. Neither party to this Agreement shall be held responsible for delay
or default caused by fire, riot, acts of God and/or war which is beyond that party's
reasonable control. CITY may terminate this Agreement upon written notice after
determining such delay or default will unreasonably prevent successful performance
of the Agreement.
21.Assistance Regarding Patent And Copyright Infringement. In the event of any
claim or suit against CITY on account of any alleged patent or copyright iflfringement
arising out of the performance of this Agreement or out of the use of any material
furnished or work or services performed hereunder, Independent Contractor shall
defend CITY against any such suit or claim and hold CITY harmless from any and all
expenses, court costs, and attorney's fees in connection with such claim or suit.
22. Severability. If any provision of this Agreement is declared by a court to be illegal
or in conflict with any law, the validity of the remaining terms and provisions shall not
be affected; and the rights and obligations of the parties shall be construed and
enforced as if the Agreement did not contain the particular provision held to be
invalid.
23.Access To Records. CITY and its duly authorized representatives shall have
access to books, documents, papers and records of Independent Contractor which
are directly pertinent to this Agreement for the purpose of making audit, examination,
excerpts and transcripts.
24. Waiver. Failure of CITY to enforce any provision of this Agreement shall not
constitute a waiver or relinquishment by CITY of the right to such performance in
the future nor of the right to enforce any other provision of this Agreement.
25.Amendments. The terms of this Agreement shall not be waived, altered, modified,
supplemented or amended in any manner whatsoever, without prior written approval
of CITY, No modification of this Agreement shall bind either party unless reduced to
writing and subscribed by both parties, or ordered by a Court.
26. Nondiscrimination. Independent Contractor shall comply with all applicable
requirements of Federal and State civil rights and rehabilitation statutes, rules and
regulations.
27. Dual Payment. Independent Contractor shall not be compensated for work
performed under this contract from any CITY agency other than the agency which is
a party to this contract.
Attachment A - Request for Proposal (RF:h
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 9 of 20
28. Remedies. This Agreement shall be governed by and construed in accordance with
the laws of the State of Oregon, and any litigation arising out of this Agreement shall
be conducted in the courts of the State of Oregon, County of Lane.
29. Entire Agreement. This Agreement signed by both parties is the parties' final and
entire Agreement and supersedes all prior and contemporaneous oral or written
communications between the parties, their agents and representatives. There are
no representations, promises, terms, conditions or obligations other than those
contained herein.
IN WITNESS WHEREOF the parties have executed this Agreement to be effective the date first
set forth above.
CITY OF SPRINGFIELD:
INDEPENDENT CONTRACTOR
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 10 of20
EXHIBIT "A"
CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
Independent Contractor Status
All performance of any labor or services required to be performed by Independent Contractor
shall be performed in accordance with the standards set forth in ORS 670.600 (2005), and as
follows:
A person is customarily engaged in an independently established business if any three of the
following six requirements are met:
1. The person maintains a business location:
a. That is separate from the business or work location of the person for whom the
services are provided; or,
b. That is in a portion of the person's residence and that portion is used primarily
for the business.
2. The person bears the risk of loss related to the business or the provision of services as
shown by factors such as:
a. The person enters into fixed-price contracts;
b. The person is required to correct defective work;
c. The person warrants the services provided; or,
d. The person negotiates indemnification agreements or purchases liability
insurance, performance bonds or errors and omissions insurance.
4. The person provides contracted services for two or more different persons within a 12-
month period, or the person routinely engages in business advertising, solicitation or
other marketing efforts reasonably calculated to obtain new contracts to provide similar
services.
5. The person makes a significant investment in the business, through means such as:
a. Purchasing tools or equipment necessary to provide the services;
b. Paying for the premises or facilities where the services are provided; or
c. Paying for licenses, certificates or specialized training required to provide the
services.
6. The person has the authority to hire other persons to provide or to assist in providing
the services and has the authority to fire those persons.
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 11 of20
EXHIBIT "B"
City of Springfield
Public Contracts
Conformance with Oregon Public Contractors Laws
Pursuant to Oregon law, every public contract shall contain the following conditions:
I) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided
for in the contract ORS 279B.220(I)
2) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of
the contract. ORS 279B.220(2).
3) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation
or subdivision thereof, on account of any labor or material furnished. ORS 2798.220(3).
4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279B.220(4).
5) If the agreement is for lawn and landscape maintenance, it shall contain a condition requiring the contractor to salvage, recycle,
compost or mulch yard waste material at an approved site, if feasible and cost-effective. ORS 2798.225.
6) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital
care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the
contractor agrees to pay for the services and all moneys and sums that the contractor colle,cted or deducted from the wages of
employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply
with ORS 656.017. ORS 2798.230.
7) A person may not be employed for more than 10 hours in anyone day, or 40 hours in anyone week, except in cases of necessity,
emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services
designated under ORS 279A055, the employee shall be paid at least time and a half pay:
a) For all overtime in excess of eight hours a day or 40 hours in anyone week when the work week is five consecutive
days; or
b) For all overtime in excess of 10 hours in anyone day or 40 hours in anyone week when the work week is four
consecutive days, Monday through Friday; and
c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020.
An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before
commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day
and days per week that the employees may be required to work. ORS 279B.235(1 )-(2).
8) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half
for all overtime worked in excess of 40 hours in anyone week, except for individuals under personal services contracts who are
excluded under ORS 653.010 to 653.261 or under29 U.S.c. 201-209 from receiving overtime. ORS 279B.235(2).
9) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half
pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(l)(b)(B)-(G) and for
all time worked in excess of 10 hours in anyone day or in excess of 40 hours in anyone week, whichever is greater. Employer shall
give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on
the contract, or by posting a notice in a location frequented by employees, of the number hours per day and days per week that the
employees may be required to work. ORS 279B.235(5).
IT this agreement is for a public improvement, tbe contract shall contain the following conditions:
10) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided
for in the contract. ORS 279C.505(I)(a).
II) 'Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of
the contract. ORS 279C.505(I)(b).
12) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation
or subdivision thereot; on account of any labor or material furnished. ORS 2 79C.505(1)( c).
13) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279C.505(l)(d).
14) The contractor shall demonstrate that an employee drug testing program is in place. ORS 279C.505(2).
15) If the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or
subcontractor by any person in connection with the public improvement contract as the claim becomes due, the proper officer or
officers representing the state or a county, school district, municipality, municipal corporation or subdivision thereof, as the case may
be, may pay such claim to the person furnishing labor or services and charge the amount of the payment against the funds due or to
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 12 of 20
become due the contract by reason of the contract. If the contractor or first-tier subcontractor fails, neglects or refuses to make
payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of
payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due
plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4) and is subject to a good
faith dispute as dermed in ORS 279C.580. If the contractor or a subcontractor fails, neglects or refuses to make payment to a person
furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the
Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. ORS 279C.515.
16) The payment of a claim does not relieve the contactor or the contractor's surety from obligation with respect to any unpaid claims.
ORS 279C.515(4).
17) A person may not be employed for more than 10 hours in anyone day, or 40 hours in anyone week, except in cases of necessity,
emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services
designated under ORS 279C.1 00, the employee shall be paid at least time and a half pay:
a) For all overtime in excess of eight hours a day or 40 hours in anyone week when the work week is five consecutive
days; or,
b) For all overtime in excess of 10 hours in anyone day or 40 hours in anyone week when the work week is four
consecutive days, Monday through Friday; and,
c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020. ORS 279C.520(1).
An employer shall give notice in writing to employees who work on a public contract either at the time of hire or before
commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day
and days per week that the employees may be required to work. ORS 279B.520(2).
18) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half
for all overtime worked in excess of 40 hours in anyone week, except for individuals under personal services contracts who are
excluded under ORS 653.010 to 653.261 or under 29 U.S.c. 201-209 from receiving overtime. ORS 279C.520(3).
19) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half
pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540(1 )(b )(B)-(G) and for
all time worked in excess of 10 hours in anyone day or in excess of 40 hours in anyone week, whichever is greater. An employer
shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of
work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week
that the employees may be required to work. ORS 279C.520(5)
20) Solicitation documents for a public improvement contract shall make specific reference to federal, state and local agencies that have
enacted ordinances, rules or regulations dealing with the prevention of environmental pollution and the preservation of natural
resources that affect the performance of the contract. A solicitation document must also make special reference to known conditions
at the construction site that may require the successful bidder to comply with the ordinances, rules or regulations identified under ORS
279C.525(1). If the successful bidder encounters a condition not referred to in the solicitation documents, not caused by the
successful bidder and not discoverable by a reasonable prebid visual site inspection, and the condition requires compliance with the
ordinances, rules or regulations referred to under ORS 279C.525(1), the successful bidder shall immediately give notice of the
condition to the contracting agency. The successful bidder may not commence work nor incur any additional job site costs in regard
to the condition encountered and described in ORS 279.525(3) without written direction from the contracting agency. ORS 279C.525.
21) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital
care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the
contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of
employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply
with ORS 656.017. ORS 279C.530.
22) A contract for public works shall contain a provision stating the existing state prevailing rate and wage and, if applicable, the federal
prevailing rate of wage required. Every contract and subcontract shall contain a provision that workers shall be paid not less than the
specified minimum hourly rate of wage in accordance with ORS 279C.838. ORS 279C.830(1).
If this agreement is for demolition. the contract shall also contain tbe following conditions:
23) Contractor must salvage or recycle construction and demolition debris, if feasible and cost-effective. ORS 279C.51O(l)
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 13 of 20
Attachment 2:
FIREMED ADMINISTRATIVE SERVICES AGREEMENT
(FireMed Ambulance Membership Program)
This Agreement is entered into by and between the City of Springfield, an Oregon municipal
corporation, acting by and through its Department of Fire and Life Safety, hereinafter referred to
as "Springfield" and (name of air medical provider), hereinafter referred to as "AIR
MEDICAL."
RECITALS
1. FireMed services, also known as Ambulance Membership Services for residents of the
respective ambulance service areas (ASAs) of Eugene, Springfield, and Lane Rural
Fire/Rescue, and AIR MEDICAL services, also known as Air Ambulance Membership
Services, offer potential advantages to the respective parties to this agreement.
2. Springfield provides FireMed administrative and marketing services to Eugene and Lane
Rural Fire/Rescue via intergovernmental agreement and is authorized to act on their behalf.
3. Centralizing the administration of such services pools resources and reduces unnecessary
duplication of services.
4. AIR MEDICAL desires to purchase FireMed administrative and marketing services
regarding membership and membership renewal on behalf of its AIR MEDICAL
membership program.
5. Springfield is willing to furnish FireMed administrative and marketing services, to AIR
MEDICAL according to the terms and conditions set forth herein.
6. This agreement is exclusively for FireMed membership administrative and marketing
services and does not address nor is intended as a warranty of the service level or quality of
ambulance and emergency medical services express or implied, as provided by the parties to
this agreement.
7. By entering into this agreement, AIR MEDICAL agrees that FireMed is the exclusive agent
for advertising and marketing AIR MEDICAL in Eugene, Springfield, and Lane Rural ASAs.
Marketing a stand-alone AIR MEDICAL membership is prohibited in this area. AIR
MEDICAL agrees not to market air medical membership in any form for a period of one year
following termination of this agreement. '
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 14 of 20
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and the covenants contained herein,
the parties hereby agree as follows:
1. Springfield Responsibilities. Springfield agrees to perform the services described on
Exhibit "A," which is attached hereto and made a part hereof.
2. AIR MEDICAL. AIR MEDICAL agrees to perform the obligations and pay for the services
performed by Springfield at the rate and in the manner described in Exhibit "B" which is
attached hereto and made a part hereof.
3. Duration. This agreement will commence on April 1, 2008 and continue to June 30, 2008
unless extended or terminated a:; provided herein.
4. Termination. If either party wishes to terminate the agreement, that party must give written
notice to the other party's Contract Representative 30 days prior to the expiration of the
current term. In the event of a material breach, the non-breaching party shall give 90-day
written notice to the other party's Contract Representative. If, after 90 days, the breaching
party has not cured or has not undertaken and is expeditiously proceeding to cure, the non-
breaching party is authorized to terminate the Agreement.
5. Obligations Upon Termination. Upon termination, subject to the requirements ofthe
Oregon Public Records Law, Springfield shall turn over all records and reports and net
revenues that relate solely to AIR MEDICAL's air medical membership program. AIR
MEDICAL shall reimburse Springfield for AIR MEDICAL's share (as determined in
accordance with Exhibit "B" item 5: Payment) of membership campaign expenditures and
commitments made prior to the date of termination of this agreement.
6. AIR MEDICAL Insurance and Indemnity. City and Air Medic agree that Air Medic will
be required to demonstrate insurance coverage. The type, extent, and amount of coverage
limits will be negotiated and mutually agreed upon. Also, additional insured status, if any,
and indemnification and hold harmless conditions will be discussed and may be mutually
agreed upon with the successful Proposer. If the City and Proposers are unable to agree upon
language for the contract to be implemented pursuant to this section to the mutual satisfaction
of both parties, City may, in its discretion, negotiate with another Proposer. City may also
choose to waive the requirements of this section, and may, in lieu thereof, choose to purchase
non-owner aircraft insurance coverage. The parties understand that nothing required in this
section may be in conflict with Federal Aviation Administration Regulations.
7. Status. In providing the services specified in this agreement (and any associated services)
Springfield is a public body and maintains public body status as specified in ORS 30.260 and
is subject to Oregon Public Records Law. The parties understand and acknowledge that
Springfield retains all immunities and privileges granted them by the Oregon Tort Claims
Act (ORS 30.260 through 30.295) and any and all other statutory rights granted as a result of
Springfield's status as a local public body.
8. Representatives. Each party shall appoint a Contract Representative to represent the party
for the purpose of extending or amending this Agreement and giving or receiving any notices
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 15 of 20
provided for in this Agreement and to perform such other functions as are set forth in this
Agreement and the Exhibits hereto. The Contract Representatives are named on Exhibit "C,"
which is attached hereto and made a part hereof. A party may change its Contract
Representative by notifying the other party in accordance with paragraph 15.
9. Records Inspection. Upon 48 hours written notice and during the normal business day, a
party may inspect or audit the fInancial and management records of the other party pertaining
to the services performed under this agreement.
1 O. Compliance with Laws. SpringfIeld agrees to provide the services described in Exhibit "A"
in conformance with all federal, state and local laws relating thereto.
11. Waiver and Modification. The conditions and provisions of this agreement may be
modifIed by mutual consent of the parties. Any waiver of any condition or provision of this
agreement or modifIcation hereof shall not be effective unless it is in writing, signed by the
parties. Waiver of strict performance of any provision of this agreement shall not be a
waiver of or prejudice to a party's right to require strict performance of the same provision or
of any other provision in the future.
12. Attorney's Fees. If any suit, action or an appeal thereon is instituted in connection with any
controversy arising out of this agreement, the prevailing party shall be entitled to recover in
addition to costs, the sum as the Court may adjudge reasonable as attorney's fees.
13. FireMed Assets. Use of the FireMed name, images, services, marketing and advertising
program and membership fees are under the sole and exclusive control of SpringfIeld and
will be used only for the benefIt of the Eugene, SpringfIeld, and Lane Rural Fire/Rescue
ambulance systems.
14. Membership Rates for AIR MEDICAL. The parties to this agreement concur that the
benefIts to AIR MEDICAL are such that special discount rates for AIR MEDICAL
memberships, as described in Exhibit "B" will be offered to FireMed members when
FireMed members elect to purchase Air Medical Membership as part of a package.
15. Notices. Any notices permitted or required by this agreement shall be deemed given when
personally delivered or one business day after deposit in the United States mail, postage fully
pre-paid, certifIed, return receipt requested, and addressed to the party designated in Exhibit
C. Any party may change its address by notice given to the other party in accordance with
this paragraph.
16. Integration. This agreement embodies the entire agreement of the parties. There are no
promises, terms, conditions, or obligations other than those contained herein. This agreement
shall supersede all prior communications, representations, or agreements, either oral or
written, between the parties.
17. Interpretation. This agreement shall be governed by and interpreted in accordance with the
laws of the State of Oregon. The parties to this agreement do not intend to confer on any
third party any rights under this contract.
18. Jurisdiction and Venue. All actions relating to this agreement shall be tried before the
courts of the State of Oregon to the exclusion of all other courts that might have jurisdiction
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 16 of20
apart from this provision. Venue in any action shall lie in the Circuit Court of Lane County,
Oregon.
19. Amendments. Each amendment to this agreement is made a part of this agreement as
though set forth fully herein. Any provision of an amendment that is in conflict with any
provision of this agreement shall take precedence and supersede the conflicting provision of
this agreement.
AIR MEDICAL:
CITY OF SPRINGFIELD, OREGON:
Au1horized Representative
Au1horized Representative
Print or Type Name
Print or Type Name
Title
Title
Date
Date
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 17 of20
EXHIBIT "A"
SPRINGFIELD SERVICES
Springfield agrees to perform the following services:
1. Oversee and carry out all marketing and advertising efforts.
2. Oversee and carry out all media activities related to the FireMed Membership Program.
3. Maintain a FireMed membership administration and business office, including but not
limited to telephone, web-based, u.s. Postal Service, and walk-in sales, customer service,
and' data processing.
4. Record all pertinent data regarding AIR MEDICAL members on its computer files.
5. Transfer all funds collected on the AIR MEDICAL membership accounts, whether received
within the contract period or thereafter, in a timely manner to the appropriate party. From
May 1 through July 31, Springfield will transfer funds on the second and fourth Friday of
each month, or the date before, when holidays fall on a Friday. From August 1 through April
30, Springfield will transfer funds for that month's receipts by the 10th of the following
month. Receipts shall include all monies received by Springfield on account of AIR
MEDICAL ambulance memberships, but excluding any sums overpaid by the customer that
Springfield shall refund to the customer.
6. Provide to AIR MEDICAL the following reports and information:
A. Monthly report on AIR MEDICAL ambulance membership fee receipts.
B. Membership information to include a list of the number of members per household and
the household member's name, address, and other pertinent information on each
subscriber.
C. Proofs of advertising and marketing materials in advance of their utilization.
D. Advertising insertion schedules showing the number, type, time of day, identification of
media utilized, and other pertinent information on all forms of advertising and marketing.
In the event that AIR MEDICAL wishes additional reports or summaries regarding the
services provided, Springfield shall supply such reports upon written request by AIR
MEDICAL and with assurance that it will pay for all Springfield's staff time utilized in
the preparation of such reports or summaries and for all associated costs, such as
duplication, shipping, incurred in providing such reports.
7. Have Springfield Contact Representative(s) meet with AIR MEDICAL representatives to
discuss problems and performance. Such meeting shall occur within five (5) days' notice by
AIR MEDICAL representatives of a request to meet.
8. Solicit and consider in good faith the advice and recommendations of AIR MEDICAL's
representatives in its development or alteration of advertising and marketing materials,
ambulance membership policies, pro~edures and forms.
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 18 of 20
EXHIBIT "B"
AIR MEDICAL PAYMENT AND OBLIGATIONS,
AIR MEDICAL agrees to make payment and to perform as follows:
1. Maintain 24-hour, year-round coverage from the same base of operations location stated in
its RFP for the term of this agreement.
2. Cooperate in good faith with Springfield in its efforts to perform services described in
Exhibit "A." including but not limited to providing an AIR MEDICAL helicopter and crew
for video advertising production and photo shoots.
3. Forward copies of all business regarding administration or policies of the AIR MEDICAL
Membership Program to Springfield.
4. Designate a single person in an administrative position to receive and evaluate all complaints
by the AIR MEDICAL's officials and employees regarding Springfield's performance under
this agreement and share the information with the appropriate Springfield Representative in a
timely manner.
5. Pay to Springfield a fixed contribution to share advertising and marketing costs for the
annual membership campaign in the sum of $99,900.00. That share is to be matched with a
contribution from Eugene, Springfield, and Lane Rural Fire/Rescue. AIR MEDICAL will
make montWy installments of$33,300.000 each on April 1, May 1, and June 1,2008
6. In lieu of a contribution by AIR MEDICAL for FireMed membership administration and
business office expenses, AIR MEDICAL will provide a minimum of six helicopter trips to
the Eugene/Springfield area for the purposes of promoting the FireMed/ AIR MEDICAL
campaign, as pre-scheduled, in the months of April, May, and June 2008.
7. Solicit and consider in good faith the advice and recommendations of Springfield's
representatives in AIR MEDICAL development or alteration of ambulance membership
policies, procedures, and forms.
8. Offer to FireMed members an air ambulance option priced at $32.00, or less, per year, above
the cost of regular FireMed ground ambulance membership. This is a preferred rate of at least
$5.00 less than the annual rate offered any other ambulance membership partner.
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 19 of 20
EXHIBIT "C"
REPRESENTATIVES
CONTRACT REPRESENTATIVES:
AIR MEDICAL:
Name
Director
Address
City
Phone
Springfield:
Dennis Murphy, Fire Chief
Springfield Department of Fire & Life
Safety
225 Fifth Street
Springfield OR 97477
(541) 726-3737
Attachment A - Request for Proposal (RFP)
FireMed Air and Ground Ambulance Membership Joint Marketing
Page 20 of 20
FireMed Plus Air Medical Proposal Scoring Matrix
Points Points
Points Awarded - Awarded
Selection Criteria Explanation Possible Life Flight REACH
Recent Experience Length of service for operations and membership program. Accomplishments.
10 49 28
Proposed Aircraft Typical of industry standard?
5 16 23
Proposed Flight Crew Typical of industry standard?
5 24 24
Proximity Proximity to center of ASAs, in terms of distance and flight time.
35 162 97
Reciprocal Agreements Which providers, what total coverage area, relevance and importance to local members.
15 55 45
Membership Fee Maximum of $32 for air medical portion, minimum of $5 less than any other program.
15 75 75
Joint Publicity Number of events aircraft available for. Types of events. Level of effort.
15 75 33
Total 100 456 325
Attachment B. Scoring Matrix
Page 1 of 1