RFP AMBULANCE BILLING 2008

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scope of work template
							                           REQUEST FOR PROPOSALS
NOTICE IS hereby given that sealed proposals will be received at the office of the City
Purchasing Department, Room 354, 125 North Main Street until 2:00 p.m. Friday April 25, 2008,
for furnishing the City of Memphis, Division of Fire Services – Emergency Medical Services
(EMS) with a Proposal for Ambulance Billing.

                                     (REFERENCE: #2685)

The City of Memphis seeks proposals from firms who have the expertise to provide same. This is
a request for proposal that may be modified by the City in the selection process.

THE CITY OF MEMPHIS ENCOURAGES THE PARTICIPATION OF SMALL MINORITY
BUSINESSES IN THE PURCHASING PROCESS. VENDORS SHOULD TAKE NOTE THAT THE
CITY OF MEMPHIS HAS A LOCAL PREFERENCE ORDINANCE # 5114 AND A LIVING WAGE
ORDINANCE #5185 (BOTH ARE ATTACHED).

By order of the Mayor of the City of Memphis, Tennessee.

                                  DR. WILLIE W. HERENTON
                                           MAYOR

JEROME SMITH
CITY PURCHASING AGENT

Published in The Daily News on March 11, 12, 2008          (2) copies
-----------------------------------------------------------------------

                                 INSTRUCTIONS TO BIDDERS

A MANDATORY PRE-BID CONFERENCE WILL BE HELD MARCH 31, 2008 @ 1:00 P.M. @
THE CHESTER ANDERSON TRAINING CENTER, 4341 O.K. ROBERTSON ROAD, MEMPHIS,
TENNESSE 38127.

Bidders will submit their proposal in a sealed envelope INDICATING ON THE OUTSIDE: THE
COMPANY NAME, THE ABOVE REFERENCE NUMBER.

       PERFORMANCE BOND REQUIRED – The successful bidder shall execute a surety bond
in the amount of the contract award; said bond to be subject to the approval of the Mayor and City
Attorney of the City of Memphis.
       All bonds shall be issued by a surety company licensed to do business in the State of
Tennessee.

Bidders must comply with all applicable licensing requirements.

The City of Memphis reserves the right to reject any and all proposals and to waive any
informality in accepted proposals and or awards.

For additional information concerning this proposal, please contact:

                                  Deputy Chief Gary Ludwig
                             Headquarters, Division of Fire Services
                                    65 South Front Street
                                     Memphis, TN 38103
                                         901-527-1400
                                 gary.ludwig@memphistn.gov




RFP #2685                                       1
                             CITY OF MEMPHIS
                         DIVISION OF FIRE SERVICES

                       REQUEST FOR PROPOSAL

      EMERGENCY MEDICAL SERVICES (EMS) AMBULANCE BILLING


The City of Memphis Division of Fire Services, hereinafter referred to as “City”,
will contract with a selected firm for the billing of ambulance service receivables
and the processing of the Emergency Medical Services (EMS) incident report
data for the State of Tennessee mandated quality assurance program. The
successful bidder will be expected to begin performance of the tasks mandated
by the contract on the date the agreement is signed.

Interested parties are invited to submit a proposal and credentials outlining their
qualifications to provide these services to the Emergency Medical Services
department of a major urban municipality.

The City of Memphis will only entertain proposals from firms with proven-
experience implementing electronic patient care record collecting and billing
systems within the last three (3) years with EMS transport agencies that transport
in excess of 60,000 patients.

Vendors with proven experience in like and similar EMS systems to the City of
Memphis will have a higher probability of success with the implementation,
efficiency, productivity and reimbursement percentages.

The City of Memphis responds on over 97,000 calls per year and transports
approximately 65,000 patients per year. The City of Memphis bills for all EMS
transports and approximately 10,000 non-transports.

The proposal should clearly define how the firm plans to satisfy the requirements
of the City of Memphis. This written Request for Proposal (RFP) states the scope
of those requirements and specifies the general rules for preparing the proposal
that is submitted. The terms “vendor” and “bidder” are used interchangeably to
refer to the proposing party.

General Information

A copy of this Request for Proposal will be distributed to prospective bidders.
Bidders will prepare proposals in compliance with all of the instructions outlined
in this RFP, completing the requested information and returning the completed
document to the City by the deadline. Bidders will submit an original version of
the proposal, plus eight (8) copies.




RFP # 2685                               2
Proposal Submittal

Bidders are to submit an original and eight (8) copies of their proposal, in
accordance with the instructions in the RFP notice, to:

                                   Mr. Jerome Smith
                                   Purchasing Agent
                                   City of Memphis
                                   125 North Main Street, Room 354
                                   Memphis, TN 38103-2017

All proposals and documents generated by the Bidder pursuant to this RFP will
become the property of the City of Memphis; the Bidder agrees that it will not,
without written approval by the City, disclose publicly said records.

Proposal Costs

All costs incurred by the vendor in preparing the proposal, or costs incurred in
any other manner by the vendor in responding to this proposal will be solely the
responsibility of the vendor. All material and documents submitted by the
vendors in response to this RFP become the property of the City of Memphis and
will not be returned to the vendor.

The City assumes no contractual obligation as a result of the issuance of this
RFP, the preparation or submission of a proposal by a Bidder, the evaluation of
an accepted proposal, or the selection of finalists. The City is not bound until
both parties execute a written contract for the performance of the work.

Successful Bidder Responsibility

The successful bidder shall assume responsibility for meeting all requirements
agreed to in response to this RFP. Further, the City will consider the selected
Bidder to be the sole point of contact with regard to contractual matters, including
the performance of services and the payment of any and all charges resulting
from contract obligations. Upon contract award, the selected Bidder will be
directly responsible for all of its subcontractors, if any. Selected Bidder will
designate a Project Manager who will serve as the point of contact for the City,
and to manage system implementation.


GENERAL CONDITIONS FOR SERVICE RELATED CONTRACTS

       1.      CONTRACT SECURITY. The Contractor shall furnish a surety
bond in the amount specified in the INSTRUCTIONS TO BIDDERS as security
for the faithful performance of the Contract and for the payment of all persons
performing labor and furnishing materials in connection with the Contract.




RFP # 2685                               3
       BOND. The successful bidder shall furnish bond with a Surety Company
authorized to do business in the State of Tennessee, acceptable to the Mayor of
the City, as surety for the faithful performance of the Contract and the
specifications, in all their details, and that he will, as soon as the work
contemplated by said Contract shall have been completed, pay for all the
material and labor used by said Contractor, or any immediate or remote
subcontractor under him, in the performance thereof, in lawful money of the
United States.

       No Surety Company will be acceptable as bondsman, unless said surety
company has a permanent agent or representative in the State of Tennessee,
with authority to countersign bonds for non-resident bonding companies.

       Should the Surety Company acting as bondsmen remove its permanent
agent or representative from the State of Tennessee, the Contractor shall be
required to furnish the City of Memphis with a new surety bond conforming to the
above described requirements.

       2.    CONTRACTOR’S INSURANCE.                  The Contractor shall neither
commence work under the Contract until it has obtained all insurances and
endorsements required under this paragraph and such insurances have been
approved by the City, nor allow any subcontractor to commence work on its
subcontract until all similar insurance required of the subcontractors has been so
obtained and approved.

       Each certificate or policy and endorsement shall require and state in
writing that “thirty days (30) prior to cancellation or material change in the
policy, notice thereof shall be given to the City of Memphis by registered
mail, return receipt requested,” for all the following stated insurance policies.
If any of the Property and Casualty Insurance requirements are not complied with
at their renewal dates, payment to the Contractor may be withheld until those
requirements have been met, or at the option of the City, the City may pay the
renewal premiums and withhold such payments from any monies due the
Contractor.

       The following clause must appear on the Certificate of Insurance. “The
City of Memphis is named as the additional Insured. It is further agreed that
coverage under the above list policies shall be primary to, and not contribute with
any insurance or self-insurance maintained by the City of Memphis.”

             (a)    Compensation Insurance. The Contractor shall take out and
                    maintain during the life of the contract Workmen’s
                    Compensation Insurance pursuant to State Law according to
                    Statutory Limits.




RFP # 2685                               4
             (b)    COMPREHENSIVE GENERAL LIABILITY AND PROPERTY
                    DAMAGE INSURANCE. The Contractor shall take out and
                    maintain during the life of the Contract such Comprehensive
                    General Liability and Property Damage Insurance as shall
                    protect him and any subcontractors performing work covered
                    by the Contract and the City of Memphis and its agents and
                    employees from any claims of any nature, whether
                    meritorious or otherwise, including property damage which
                    may arise from operations under the Contract, whether such
                    operations be by himself or by any subcontractor or by
                    anyone directly or indirectly employed by either of them, and
                    the minimum amounts of such insurance shall be as follows:

       Comprehensive General Liability Insurance for bodily Injury (including
       death) and Property Damage $1,000,000.00 – Combined single Limits.

       Automobile Liability Covering owned, non-owned and hired vehicles with
       limits of $1,000,000 Each Occurrence – Combined Single Limits

       3.     PROOF OF CARRIAGE OF INSURANCE. The Contractor shall
furnish the City with satisfactory proof of carriage of the insurance required.

       4.     TERMINATION FOR BREACH. Termination of Contract shall be
as conditioned or set forth in the Contract Special Conditions or Specifications
and if no cancellation provision is made, the following shall apply:

       In the event that any of the provisions of the Contract are violated by the
       Contractor or by any of subcontractors, the City may serve written notice
       upon the Contractor and the Surety of its intention to terminate the
       Contract, such notices to contain the reasons for such intention to
       terminate the contract, and unless within 10 days after the serving of such
       notice upon the Contractor, such violation or delay shall cease and
       satisfactory arrangement for correction be made either by the Contractor
       or the Surety, the Contract shall, upon the expiration of said 10 days,
       cease and terminate. In the event of any such termination, the City shall
       have the right to take over the work and prosecute the same to completion
       by the Contract for the account and at the expense of the Contractor, and
       the Contractor and his Surety shall be liable to the City for any excess cost
       occasioned the City thereby, and in such event the City may take
       possession of and utilize in completing the work, such materials,
       appliances and plant as may be on the site of the work and necessary
       therefore.




RFP # 2685                               5
        5.     CITY’S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. If evidence is produced before the final settlement of
all or any balances that the Contractor has failed to pay laborers employed on his
work or failed to pay for materials used therein, or if the City has reason to
suspect the same, the City may withhold such balances and upon evidence
satisfactory to the City as to the amount due for such labor and materials, the
City, acting as the agent of the Contractor, may settle and pay for the same and
charge the amounts to the Contractor and deduct the same from the said
balance or balances.

       6.     NOTICE AND SERVICE THEREOF. Any notice to any Contractor
from the City relative to any part of the Contract shall be considered delivered
and the service thereof completed when said notice is posted by registered mail,
to the said Contractor at its last given address or delivered in person to said
Contractor or its authorized representative on the work.

       7.    ASSIGNMENT. The Contractor shall neither assign the Contract or
any part hereof or any moneys due or to become due hereunder without the prior
written approval of the City nor without the consent of the Surety, unless the
Surety has waived its rights to notice or assignment.

        8.     SUBCONTRACTING. No part of the contract shall be sublet
without the prior written approval of the City. If the Contractor shall sublet any
part of the Contract, the Contractor shall be as fully responsible to the City for the
acts and omissions of the Subcontractor and of the persons employed or directly
or indirectly employed by his Subcontractor as it is for the acts and omissions of
persons employed by it. The successful Contractor will not be allowed to
subcontract more than sixty percent (60%) of the work on this project. The
computation for percentages will be based on monetary values.

       9.    “OR EQUAL” CLAUSE. Whenever a material or article required is
specified by using the name of a proprietary product or of a manufacturer or
vendor, any materials or article which will perform adequately the duties required
will be considered equal and satisfactory, provided the material or article so
proposed is of equal substance and function in the discretion of the City.

       10.    LAWS. Contractor shall abide by and observe all local, state and
federal laws, City Ordinances and Charter provisions, as well as conflicts of
interest regulations relating to the work to be done, and the use of public streets,
alleys and highways. Contractor shall secure all permits and pay all licenses,
taxes and other applicable fees required by law before beginning the work.

       11.      INDEMNITY. Contractor shall hold harmless, defend and indemnify
City and its officers, officials, employees and volunteers from and against any
and all liability, loss, damage, expense, costs (including without limitation costs
and fees of litigation) of every nature arising out of or in connection with
contractor's performance of work hereunder or its failure to comply with any of its



RFP # 2685                                6
obligations contained in the agreement, except such loss or damage which was
caused by the sole negligence or willful misconduct of the City.

        12.   Any Contract resulting from the bids taken herein shall be
governed, construed and enforced according to the laws of the State of
Tennessee. All actions, whether sounding in Contract or in tort, relating to the
validity, construction, interpretation, and enforcement of the Contract shall be
instituted and litigated in the courts of the State of Tennessee located in Shelby
County, Tennessee, and in no other. In accordance herewith the parties to the
Contract submit to the jurisdiction of the courts of the State of Tennessee,
located in Shelby County, Tennessee.

Demonstrations

Once the information provided in response to this request has been evaluated,
selected firms will be invited to present oral presentations to representatives of
the City of Memphis Fire Services Division. All demonstrations conducted at the
City’s site will be the vendor’s responsibility. Additionally, the City may require
site visits to existing installations. Costs for site visits to existing installations in
other cities will be at the expense of the City of Memphis.


PROPOSAL STRUCTURE

The proposal submitted in response to this RFP will be included as part of the
final contract with the selected bidder, as amended during final negotiations. By
submitting a proposal response, the bidder indicates their agreement to the
specified terms and conditions presented in this RFP and any exceptions
identified by them. In order to evenly evaluate each proposal, all Bidders must
structure their proposals in the following manner:

Cover letter

Bidder must submit a one-page Cover Letter containing the name and address of
the corporation or business submitting the proposal. Bidder must certify in the
Cover Letter:

             a) Bidder’s proposal is genuine and is not made in the interest of, or
                on the behalf of, any undisclosed person, firm, or corporation:
             b) Bidder has not directly or indirectly induced or solicited any other
                Bidder to put in a false or sham bid;
             c) Bidder has not induced or solicited any other person, firm, or
                corporation to refrain from proposing;
             d) Bidder has not sought by collusion to obtain any advantage over
                any other Bidder or over the City.
             e) Bidder has reviewed and certifies compliance with the City of
                Memphis conflict of interest policy, as well as affirms that no
                member of the Bidder's firm is: 1) related to any City of Memphis


RFP # 2685                                 7
                employee who has decision-making or contracting responsibility as
                it relates to this solicitation; 2) is related by blood or marriage to any
                City of Memphis employee or appointed or elected official; or 3) has
                a contractual or other business relationship with an employee or
                appointed or elected official of the City of Memphis or its various,
                boards, agencies or commissions. Where such relation or
                relationship exists, Bidder shall affirmatively disclose the identify of
                such person(s) or entity. The City Attorney shall review any
                potential conflict of interest disclosed.

The Cover Letter must contain the title and signature of a duly authorized officer
who is empowered with the right to represent and bind the Bidder.

                                   Table of Contents

       A Table of Contents of the proposal material must follow the Cover Letter.

PROPOSAL REQUIREMENTS

Bidder shall provide a brief company description, history, and financial status.
Bidder should also include the same information for each partner in the proposal.
In addition, Bidder should submit the following information for evaluation:

             a) Firm name, address, phone number, and date established
             b) Local responsible office
             c) Name of office principals, their experience and professional
                qualifications
             d) Number of years company has actively participated in emergency
                medical service collection
                Supply a client list (Agency, Contact Person, Address, Telephone
                Number) of EMS transport agencies for which your firm has
                provided third party collections in which the EMS agency transports
                in excess of 60,000 patients or more, utilizing your hardware and
                software solution, and the system has been implemented within the
                last 3 years from date of deadline for submission of this RFP.
                Vendors with proven experience in like and similar EMS systems to
                the City of Memphis will have a higher probability of success with
                the implementation, efficiency, productivity and reimbursement
                percentages.
             e) Number of company employees – internationally, nationally, locally
             f) Supply a list of employees who will be devoted to servicing the
                City’s account. Individual resumes of the lead members of your
                service team should also be supplied.
             g) Emergency Medical Services collections and accounts receivable
                software used to invoice patients and track payments against
                patient accounts. (Note: Bidder is solely responsible for insuring
                appropriateness of use and obtaining licenses for use of proprietary
                software,)


RFP # 2685                                   8
             h) Describe the specific collection process and techniques that would
                be used to assist the City of Memphis in collecting accounts
                receivable due to the City of Memphis Division of Fire Services
                EMS.
             i) Describe any other aspect of collection capabilities of your firm that
                distinguishes it from other firms offering this service.
             j) Describe the ability to provide on-line transfer of account
                information.
             k) Describe the expected method of compensation for these services.
                The City would expect to pay a percentage of net collection for the
                services provided. However, alternate methods of compensation
                may be accepted.
             l) Other general information, as determined by bidder

Financial Information

Most recent annual report or current audited financial statements covering the
previous fiscal year is required.

Relevant Projects/References

Bidder must also describe relevant projects (“Relevant” is defined as services
similar to that proposed for the City). Include names, addresses, and telephone
numbers of references for each relevant project. The City of Memphis will only
entertain proposals from firms with proven-experience implementing electronic
patient care record collecting and billing systems within the last three (3) years
with EMS transport agencies that transport in excess of 60,000 patients.

Vendors with proven experience in like and similar EMS systems to the City of
Memphis will have a higher probability of success with the implementation,
efficiency, productivity and reimbursement percentages.


Executive Summary

Bidder must provide a general overview of their solution to this RFP. Distinctive
features of the proposed system should also be presented.

Technical Summary

   Scope of Work

   The Scope of Work is to be used as a general guide and is not intended to be
   a complete list of all work necessary to complete the project. Each Bidder
   shall propose the services described in this section, Scope of Work, and shall
   describe how it intends to provide each service.




RFP # 2685                                 9
   The following are work tasks assumed necessary to provide maximized billing
   services and assist the City with transition to the System.

   The Scope of Work is divided into four (4) categories: Billing Services,
   Accounting Requirements, Transition, and Electronic Data Capture.


   Billing Services

   Each Bidder shall propose complete EMS Billing, Revenue Collection and
   A/R services using an electronic data capture resource, including the
   following:

       1.    Comply with all provisions and specifications of the Health
   Insurance Portability and Accountability Act (HIPAA), as well as other federal,
   state, and local statutes and regulations addressing patient privacy issues.

       2.     Maintain proficiency and comply with all statutory, regulatory and
   other legal requirements, including amendments to such requirements, which
   might impact billing, reimbursement, and/or collections for EMS and release
   of private medical information.

       3.      Bill insurance companies and individuals for EMS provided by the
   City, collect fees paid by billed parties, deposit fees collected into City
   accounts, and provide continued collection efforts for up to 120 days from the
   date of initial billing.

       4.     All delinquent accounts will be turned over to the City’s designated
   collection agency after 120 days of collection effort unless otherwise deemed
   workable. The turnover will occur each month within a period to allow the
   collection agent sufficient time to mail notices to parties by the first of the
   following month. The successful Bidder shall furnish all information obtained
   regarding the patient in a format acceptable to the collection agent. Accounts
   will be transferred by diskette or electronically. The collection agent will be
   notified of any payments received on accounts turned over to the collection
   agent. A reconciliation will be performed each month by the successful Bidder
   of the accounts and total amounts turned over to the collection agent, the
   accounts and total amounts received by the collection agent, and the actions
   taken to resolve any discrepancies.

       5.    Provide sufficient qualified personnel to meet all provisions of the
   Scope of Work in a timely manner, including timely generation of bills for over
   93,000 individual patient contacts per year. The Successful Bidder shall
   generate a patient’s initial bill within 48 hours of receipt by the Bidder of all
   information necessary to generate such a bill.




RFP # 2685                              10
        6.     Provide customer service, including a 24-hour telephone service for
   customers, 24-hour voice mail system and 800-number for out-of-area or out-
   of-state customers. System must be able to accept voice mail messages and
   route to appropriate person 24 hours per day. The successful Bidder must
   make a good faith effort to contact customers within 24 business hours after
   initial contact from the customer. The successful Bidder will treat all debtors
   fairly, with professionalism, honesty and integrity while obtaining the
   maximum results. The City will be the final arbiter of disputes between the
   successful Bidder and customers; its decision will be final.

       7.     Provide accounting for all billing pursuant to Generally Accepted
   Accounting Principles on a monthly, quarterly and annual basis, or as
   requested by the City. This shall include monthly auditing by the successful
   Bidder to ensure accuracy of bills. Such reports and all supporting
   documentation shall be submitted to the City within ten (10) business days
   after the end of the month.

      8.    Maintain an active Quality Assurance and Internal Auditing Controls
   program for detecting, correcting and avoiding process errors.

      9.      Provide monthly reports of any and all disclosures or releases of
   data or information, and the reasons there for.

       10.    Research ability of all persons who may be legally obligated to pay
   for services provided and bill accordingly.

       11.    Provide eligibility screening and insurance assistance to customers
   who lack current coverage, including providing TennCare applications and
   instructions for processing.

   ACCOUNTING REQUIREMENTS.

   Monthly reports will be submitted to the Division of Fire Services Financial
   Administrator and the City Comptroller. Prior to implementation, these reports
   in draft form will be reviewed by the City Comptroller and the Division of Fire
   Services for adherence to generally accepted accounting principles and the
   needs of the City of Memphis.

             1. TRANSACTION SUMMARY. On or before the seventh business
                day of each month
             the Billing Agent will provide a report indicating the billing status of
             each account listed alpha, by name and numeric by account as of the
             end of the previous month.

             2. AUDIT CLAUSE. The City reserves the right to audit the records of
                  Billing Agent. The
             Billing Agent shall make and keep full and complete records and books
             of accounts of revenue and income, costs and expenses that


RFP # 2685                                11
             specifically relate to performance under this contract. Records and
             books of account, together with any or all other memoranda pertaining
             thereto that may be kept, maintained or possessed by Billing Agent,
             shall be open to examination during regular business hours by the City
             or its representatives for the purpose of inspection, auditing, verifying,
             or copying the same or making extracts therefrom. The Billing Agent
             shall make and keep said records and books of account in accordance
             with generally accepted accounting practices.

             3. POLICY MANUALS. The Billing Agent shall provide to The City
                 manuals outlining
              the policies and procedures established to facilitate the processing of
             the contract between the parties.

             4. PAYMENT TERM. The Billing Agent must remit all funds collected
                to The City.
             Payments made to the Billing Agent will be based upon “net billings”,
             payments less amounts refunded or credited as a result of
             overpayments, erroneous payments or bad checks, with a scheduled
             disbursement of net 30 days.

             5. BANK ACCOUNT.            A bank account with lockbox deposit
                capabilities will be
             maintained in the name of The City of Memphis, at a bank approved by
             the City, and all cash receipts will be received daily into said lockbox
             account. Billing Agent will have no ownership rights in the bank
             account. Money brought directly into the office by customers will be
             handled separately.

             6. REFUNDS. Any refunds to be issued will be initiated by the Billing
                 Agent or the City
             Office of Accounting with the appropriate documentation provided by
             the billing agent. Checks will be written and mailed from the City’s
             Accounting Office.

   Transition from Paper-Based to Electronic Patient Care Data Collection

   The Successful Bidder shall bill from paper-based Patient Care Reports
   (PCRs) during the Transition Period.

      1.      During the Transition Period, the successful Bidder shall bill by
   abstracting data from the City's paper PCRs and converting the data into an
   electronic format.

      2.     The successful Bidder shall provide data abstracted from each
   PCR to the City in an electronic format approved by the City within seven
   calendar days of receiving the paper PCR.



RFP # 2685                                 12
       3.     The successful Bidder shall transition the City, its employees,
   officers and staff to the use of an electronic system for collection of patient
   care data during the transition period. Each Bidder shall propose an
   implementation and training schedule (see specifications attached as
   Appendix D).




   Electronic Patient Care Data Collection

   Following final acceptance by the City of the proposed System, the successful
   Bidder will begin a phased deployment of the System.

       1.    The successful Bidder shall propose portable field devices that
   include software for creation of an electronic PCR. Portable field devices
   provided by the successful Bidder must allow the City to install additional
   software and peripherals for other field data collection and incident
   management applications.

      2.     The preferred portable field device shall be an iX104C3 Plus or
   newest version from Xplore Technologies (see attached specifications) or
   other equivalent portable devices.
             a.     The portable field device shall be able to capture data from
             other external sources such as 12 Lead EKGs

      3.      Each portable field device when powered on, shall automatically
   access the internet and City-defined websites through a wireless system.
   The uploading and downloading of patient care information and other data
   shall also be accomplished through the wireless interface.

       4.    The successful Bidder will provide sufficient licenses for any
   software required for the creation of electronic PCRs to allow installation on
   existing LAN connected workstations in designated Department facilities. Any
   claims stemming from violation of copyrighted software utilized by vendor in
   the performance of services under the contract shall be defended by Bidder
   and Bidder shall be solely liable for violations thereof.

       5.    The successful Bidder shall provide administrative workstations,
   including necessary hardware and software, for data analysis and creation of
   reports required by the City.

      6.      The successful Bidder shall provide printers for printing hardcopies
   of PCRs created from portable field units in the ambulance and at all
   receiving facilities (approximately 14), with sufficient spare printers to ensure
   system reliability.




RFP # 2685                              13
              7.      The successful Bidder shall at their expense provide an
   interface between the Memphis Fire Department computer aided dispatching
   system and the System for the purposes of populating specific fields in the
   portable device regarding the dispatch/run and also for the reconciliation of
   what patients were transported versus what patient care records are received.
   The successful Bidder shall at their expense provide an interface for the
   capturing of electronic EKGs and other data from Memphis Fire Department
   monitor/defibrillators

       8.      The portable device and the system shall be able to automatically
   or user-defined generate real-time electronic mail to various fire department
   offices such as infectious disease control, OSHA, quality improvement,
   logistics, etc. on defined departmental forms.

      9.     Successful vendors shall work with the Memphis Fire Department
   to design the electronic patient care report so that it is customized to the
   Memphis Fire Department’s needs

       10.    The successful Bidder must provide sufficient portable field devices
   to have one (1) available for every medical response unit at all times. The
   successful Bidder shall provide back-up devices in sufficient quantities to
   cover losses due to repair, maintenance, upgrades or damage/destruction.
   The Division of Fire Services operates 33 EMS units (ambulances) with two
   more scheduled for implementation over the next two years. The overall fleet
   of ambulances is 53. Each ambulance shall be outfitted with a docking station
   for the portable field device.

      11.    The successful Bidder shall conduct a train-the trainer program for
   16 (sixteen) fire department personnel on the use of the System as stated
   above, as well as provide training to personnel on any changes to the
   System.

       12.   The successful Bidder shall provide, without cost to the City, all
   maintenance and upgrades for all software and hardware components of the
   System, including server software components, portable field devices, and
   administrative workstations, for the duration of the agreement, including any
   option periods. The successful Bidder shall be required to furnish, without
   cost to the City, the most current version of all System software upon its
   release. The successful Bidder shall also be required to furnish, without cost
   to the City, any upgrades to hardware provided by the Bidder that are
   necessary to ensure optimum performance of software provided by the
   Bidder. The successful Bidder shall provide to the City all information
   pertaining to software licensing requirements and the length of any warranty
   associated with those licenses.

       13.    The successful Bidder shall complete full deployment of the System
   within six (6) consecutive calendar months of final acceptance of the System
   by the Division of Fire Services.


RFP # 2685                             14
      14.     Once transition to the System is complete, the City shall have
   immediate and direct access to all data collected. In addition, the City shall
   have the right and ability to install additional applications and peripheral
   devices on any Bidder-provided devices. Bidder must state any limitations to
   the City's ability to install applications and peripheral devices. The successful
   Bidder shall prior to the installation of these new applications or peripheral
   devices inform the City if any warranties associated with the Bidder-provided
   devices that will be affected by the inclusion of said devices.


      15.    The successful Bidder shall be responsible for maintaining all
   permanent medical records in a secure data and redundant environment,
   owned and operated by Bidder, that also provides City administrative and Fire
   Services personnel with electronic access to all PCRs. Upon termination of
   the contract the successful Bidder shall be responsible for maintaining all
   permanent medical records for at least thirty-six (36) months past the contract
   termination date. When those records are returned to the City all information
   must be in a commonly utilized electronic format.

       16    All hardware and software necessary to run the System shall be
   acquired by the City through a percentage of fee basis from the successful
   Bidder. All hardware and software, upon expiration or termination of the
   agreement, shall become the property of the City. The successful Bidder shall
   provide the City, upon execution of the agreement, all appropriate and
   necessary licenses in perpetuity for the most-current version of all software
   components of the System including any upgrades, patches, fixes, or new
   releases provided under the agreement.

      17     The successful Bidder shall provide the server hardware and
   operating system for the System. The successful Bidder shall also provide all
   server software and services necessary for system operation.

      18.   The successful Bidder shall create and provide an electronic
   document on one fire department operated computer in each fire station for
   purposes of documenting first responder information. Such electronic
   document when completed by the first responder company shall attach to
   data being captured on the electronic patient care report. The electronic
   document generated by the first responder company shall be exportable to an
   NFRIS 5.0 format without duplicate entry.

       19.   The successful Bidder shall provide software for the purposes of
             generating user-defined reports for quality improvement analysis.
             Software should export reports to Excel and PDF formats at a
             minimum and be able to query:




RFP # 2685                              15
             o all paramedics
             o individual paramedics
             o all emt and emt-iv
             o individual emt or emt-iv
             o procedures performed or not performed by an individual
             o by first responder company
             o by protocol
             o treatments done or not done
             o medication given or not given
             o protocol compliance by individual or system
             o all time fields from time of call to back in-house
             o by patients name, address, incident address, social security #, unit, date of
               service
             o Cardiac arrest information exported into Utstein model
             o medications dosages outside of protocol



              20.   Data from the electronic PCRs capture shall also be
       exportable to satisfy requirements for reporting purposes to the State of
       Tennessee EMS Office and to the Tennessee Fire Incident Reporting
       System (TFIRS) Office without duplicate entry of data. Data forwarded to
       the State of Tennessee EMS Office and TFIRS Office shall be done by
       selected Vendor on a monthly basis.

               21.  Bidders may suggest a modified scope of work as part of
       their proposal, which the City, in its sole discretion may adopt in whole or
       in part.

   HIPAA Privacy Plan, Compliance Plan, and Business Associate
   Assurances

   The successful Bidder shall execute a Business Associate Agreement that
   provides satisfactory assurances under the provisions of the HIPPAA privacy
   regulations and assures that the successful Bidder will safeguard the patient’s
   and City’s protected health information in accordance with the standards set
   forth in applicable privacy laws.

   The successful Bidder shall have a Privacy Plan in place that complies with
   all components required by HIPAA or other applicable laws. The successful
   Bidder shall insure that all emergency patients, who did not receive the Notice
   of Privacy Practices (NPP) at the time of service, are mailed a copy of the
   NPP.

   The successful Bidder shall comply with other provisions of HIPAA, including
   the transaction set requirements and security provisions, as they are required.




RFP # 2685                                    16
   Bidders shall provide a copy of its proposed HIPAA Privacy Plan and its
   OIG/Ambulance Collections Compliance Plan that will be instituted as a
   means to adhering to federal and state healthcare program rules and
   regulations in the Technical Proposal.

   Evaluation Criteria

   The successful firm shall seek to obtain reimbursement for the charges
   generated by the City’s Emergency Medical Services. Reimbursement shall
   be pursued through the billing of patients, property owners, third-party payors
   (i.e., public or private healthcare insurance carriers), etc., for services
   rendered.
   The successful firm shall provide on-going consultation to assist the City on
   matters related to the collection of the above charges, to include advice on
   current developments in Medicare and Medicaid reimbursements, private
   healthcare insurance reimbursements, and claims management techniques.

   The successful firm shall provide monthly management reports required to
   manage the account receivables generated by the Emergency Medical
   Services. That information shall include, but not be limited to, the following
   reports required on a monthly basis:

             a) A report of gross and net charges for the current month, gross and
                net charges for the same month during the prior year, and a 12-
                month average of gross and net charges.
             b) A report of gross and net collections for the current month, gross
                and net collections for the same month during the prior year, and a
                12-month average of gross and net collections.
             c) A report of the net collection percentage for the current month, net
                collection percentage for the same month during the prior year, and
                a 12-month average of the net collection percentage.
             d) An accounts receivable aging report.
             e) An analysis of gross charges and gross receipts by pay
                classification (i.e., self-pay, commercial insurance, Medicare, etc.).
             f) An analysis of bad debts written off.
             g) A reconciliation of beginning and ending accounts receivable
                balances for the month.
             h) Compliance with the City’s Minority/Women Business Enterprise
                Program.




RFP # 2685                                 17
   Mandatory Pre-Proposal Conference Attendance

   Bidders are required to send a representative to the pre-proposal conference
   on March 31, 2008, at 1:00 p.m. to be held at the Division of Fire Services
   Training Academy, located at 4341 O.K. Robertson Road, Memphis,
   Tennessee 38127. All questions will be addressed at this conference and any
   available new information will be provided at that time. If you have further
   questions regarding the RFP, please contact the individual designated in the
   Instructions to Bidders. The City will keep a record of all parties who request
   and receive copies of the RFP. Any requests for information concerning the
   RFP, whether submitted before or after the pre-proposal conference, must be
   in writing, and any substantive replies will be issued as written addenda to all
   parties who have requested and received a copy of the RFP from the City.
   Questions raised at the pre-proposal conference will be answered orally. If
   any substantive or new information is provided in response to questions
   raised at the pre-proposal conference, it will also be memorialized in a written
   addendum to this RFP and will be distributed to all parties that received a
   copy of the RFP. The City, in its sole discretion, will determine what
   constitutes “substantive or new information.” No questions or requests for
   interpretation will be accepted after April 11, 2008.


   Award Criteria

   The following five (5) selection criteria will be utilized in the evaluation of
   bidders, thereby choosing the best company to provide services for the City of
   Memphis and its Division of Fire Services.

   The Division of Fire Services Director will choose a Selection Committee for
   the selection/evaluation of vendors throughout the bid process. The Selection
   Committee will utilize the listed five (5) selection criteria equaling 100% for the
   choosing of a vendor.

   Selected committee members will rank individual vendors for each criteria
   from one (1) to five (5) with five being the highest. The weight rating area
   (points total) for each individual criteria will be multiplied by each of the
   selected rater’s ranking giving a total weighted rating for each criteria.

   Individual committee members will add the five (5) selection criteria for each
   vendor giving a total weigh rating for each vendor’s presentation.

   A totaled rating from each of the selected committee members will be
   documented and added together for a final numerical score. The vendor with
   the highest numerical score will be awarded the contract.




RFP # 2685                               18
   Selection Criteria

   The proposals will be evaluated by the committee comprised of parties
   selected by the City with expertise in emergency services billing and
   revenue collections, and electronic patient data collection systems. The
   City intends to evaluate the proposals in accordance with the criteria
   itemized below. A maximum of four (4) firms with the highest scoring
   proposals, based on points awarded for project design, experience of
   firm and sub-consultants and revenue proposal will be invited to an oral
   interview by the committee. The highest scoring Bidder, after points for
   oral interviews and fee proposal are added to written proposal scores,
   will be selected. Afterward, the City will announce the intent to award
   the Contract to the highest scoring Bidder based on the total cumulative
   score for the written proposal and oral interview.

   Project Design (30 points)

   • Overall program design, development and initiation
   • Intended methods to maximize collections
   • System adaptability and expandability to meet the City needs
   • Technical support, instruction and training provided
   • Proposed project schedule


   Experience of Firm and Sub-consultants (25 points)

   • Expertise of the firm and sub-consultants in the fields necessary to complete
   the tasks;
   • Quality of recently completed projects, including adherence to schedules,
   deadlines and budgets
   • Experience with similar projects
   • Results of reference checks
   • Ability to work with multiple data collection platforms (paper, electronic,
   combination)
   • Demonstrated Quality Assurance program and Internal Audit Control
   process for detecting, correcting and avoiding errors in billing, coding,
   submissions and payments
   • Demonstrated financial auditing and oversight program for internal Quality
   Assurance and reporting

   Revenue Proposal (10 points)

   • Bidder's projected collections, revenues and cash flow return to the City.

   Fee Proposal (25 points)

   • Bidder's proposed percentage of collections.



RFP # 2685                              19
     Oral Interview (10 points)(Note: Not Scored as Part of Initial Review)

     COST OF PROJECT:

     Submit your proposed total cost estimates for this project, and your itemized
     cost list. Include any other miscellaneous cost in your estimate that might
     affect the total project costs.

     COSTS WILL BE EVALUATED SEPARATELY; THEREFORE, COST MUST
     BE SUBMITTED SEALED AND UNDER SEPARATE COVER.

     Following the submission of proposals, the offerings are to be examined by
     the selection committee appointed by the Director of Fire Services for that
     purpose. As has been stated, the committee will review all submitted written
     materials, interview representatives of each responding party and at the
     conclusion of the review of the written materials and interviews of
     representatives, a score sheet is to be utilized to aid in the determination of
     the successful bidder. The successful bidder will be notified in written form by
     U.S. Mail with copy of said letter sent to the other responding parties.

     Award of contracts will be made on the basis of the lowest and best bids as
     determined by the City of Memphis. Any protest of award must be filed in
     writing with the Purchasing Agent within five (5) days of the award
     announcement. Award Announcements are posted in the lobby of City Hall
     125 North Main Street; Memphis, Tennessee 38103.
       The full name and residence of all persons interested in the foregoing as principals are as follows; (if out of the
state company, please list Tennessee office address.)

BUSINESS ADDRESS OF
BIDDER:_________________________________________________________________________________________

If Bidder is an INDIVIDUAL, fill out the
following:_________________________________________________________________________________________
                                           (NAME OF OWNER)

If Bidder is a PARTNERSHIP, fill out the following
PARTNER NAME:                                                                    ADDRESS:
___________________________________________                 ________________________________________________
___________________________________________                 ___________     _______________________________
___________________________________________                 ________________________________________________
___________________________________________                 ________________________________________________
If Bidder is a CORPORATION, fill out the following:
NAME OF CORPORATION
PRESIDENT:______________________________________________________________________________________
NAME OF CORPORATION
SECRETARY:_____________________________________________________________________________________



                                                  NAME OFCOMPANY: _____________________________________

                                                  SIGNATURE OF BIDDER: ___________________________________


PHONE NUMBER: _______________                     TITLE: ___________________________________________________




RFP # 2685                                                 20
                                          ORDINANCE NO. 5114

           ORDINANCE TO AMEND CHAPTER 2, DIVISION 6, SECTION 2-332, CODE OF
            ORDINANCES, CITY OF MEMPHIS, TO PROVIDE FOR A LOCAL BIDDING
                 PREFERENCE FOR CONTRACTS AWARDED BY THE CITY

         WHEREAS, the City of Memphis spends significant amounts on purchasing personal property,
material and contractual services and in constructing improvements to real property or to existing
structures; and

          WHEREAS, the dollars used in making those purchases are derived, in large part, form taxes, fees,
and utility revenues derived from Local Businesses located with in the city limits of Memphis, Tennessee.

         WHEREAS, the City of Memphis is committed to establishing and (or) maintaining a viable job
market through stimulating the growth of new and existing business development with in the City of
Memphis, Tennessee.

         WHEREAS, THE CITY OF Memphis has determined that funds generated in the community
should, to the extent possible, be placed back into the local economy.

         NOW, THEREFORE,

        SECTION 1. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MEMPHIS That
Chapter 2, Division 6, Section 2-332 is here by deleted and a new section is adopted to read as follows:

         DIVISION 6. LOCAL BUSINESS DEVELOPMENT AND PROCUREMENT PROGRAM.

         Section 2-332. Local Preference for Award of City Contracts.

        (a) DEFINITIONS. As used in this article and division, the following terms shall have the
following meanings:

         Contract shall mean any contract, purchase order, or agreement (other than a lease of collective
bargaining agreement or a contract awarded by MATA which is funded by federal monies supplied under
any federal grant program or plan), awarded by the purchasing agent, division head or his/her designee, or
city agency, and whose cost is to paid from funds belonging to or administered by the City of Memphis.

         Local Business shall mean that the vendor or contractor has a valid domestic type Shelby County
and Tennessee business license, issued at least one year prior to bid or proposal opening date, to do
business in said locality that authorizes the business to provide the goods, services, or limits of Memphis,
Tennessee, in an area zoned for the conduct of such business, from which the vendor operates or performs
the majority of it s business on a day-to-day basis, and also from which the vendor conducts one-hundred
(100) percent of the necessary functions to maintain or fulfill the contract with the city. Post office boxes
are not verifiable and shall not be used for the purposes of establishing said address.

          (b) Purpose and Intent. The City of Memphis shall give a Local Preference to Local Businesses in
the city limits Memphis, Tennessee in awarding city contracts and making purchases wherever the
application of such a preference is reasonable in light of the dollar-value of proposal received in relation to
such expenditures.

         In order to be eligible for the local preference, the vendor must provide a copy of the domestic
Shelby County and Tennessee business license and shall also provide proof that Shelby County Personal
Property Taxes and all other necessary local business operational taxes inherent to businesses whose
principal base of operations is located with in the city limits of Memphis, Tennessee were appropriately by
paid and/or authorize the governing bodies of each agency to release and such information to the City of
Memphis.



RFP # 2685                                            21
          In the bidding of, or letting contracts for procurement of supplies, materials, equipment and
services, with a total price of ten thousand ($10,000) dollars of more, Local Preference shall mean that if
the lowest responsive bidder is a regional or non-local business, then all bids received from responsive
Local Businesses are decreased by five (5) percent, The original bid is not changed; the five (5) percent
decreases is calculated only for the purposes of determining the Local Preference. The Local Preference
cost differential is not exceed on hundred thousand dollars ($100,000.00).

          In the case of request for proposal, letters of interest, best evaluated bids, qualifications or other
solicitations and competitive negotiation and selection in which objective factors are used to evaluate the
response, Local Businesses are assigned five (5) percent of the total points of the total evaluation points up
to a maximum of five (5) points.

         In the event of a tie between a Local Business and one or more non-local Business meeting
specification, the ties shall be broken in favor of the Local Business.

         The Local Business preference shall not apply to purchases or contracts which are funded, in
whole or in part, by a governmental entity and the laws, regulations, or policies governing such funding
prohibit application of the Local Preference. Nor shall the Local Preference apply to purchases made or
contacts let under emergency or noncompetitive situations.

         Application of the Local Preference to a particular purchase, contract or category of contracts for
which the City of Memphis is the awarding authority may be waived upon written justification and
recommendation of the City of Memphis to compare qualification, character, responsibility and fitness of
all persons, firms, or corporations submitting bids or proposals. Further the preference established herein in
no way prohibit the right of the City of Memphis from giving any other preference permitted by law in
addition to the preference authorized herein.

SECTION 3. BE IT FURTHER ORDAINED, That the provisions of this Ordinance are hereby severable.
If any of these sections, provisions, sentences, clauses, phrases or parts is held unconstitutional or void, the
remainder of this Ordinance shall continue in full force and effect.

SECTION 4. BE IT FURTHER ORDAINED, That this Ordinance shall take effect from and after the date
I shall have been passed by the City Council, signed by the Chairman of the Council, certified and
delivered to the Office of the Mayor in writing by the Comptroller, and become effective as otherwise
provided by law.

SECTION 5. BE IT FURTHER ORDAINED, That once this ordinance is adopted, all requests for
proposals release since July 1, 2005 shall comply with the Local Preference requirements.



                                                                  EDMUND FORD
                                                                  Chairman of the Council


Attest:
Patrice Thomas, Comptroller.




RFP # 2685                                             22
                                      ORDINANCE NO #5185
                            AN ORDINANCE TO AMEND CHAPTER 2, CODE
                            OF ORDINANCES, CITYOF MEMPHIS, SO AS TO
                                   ESTABLISH A LIVING WAGE


          WHEREAS, under the leadership of Councilman Joe Brown the Living Wage issue was introduced to
the Memphis City Council and as it is important to the health
and welfare of all residents of the City of Memphis that working people are paid a wage that, enables them to lift
their families out of poverty; and

         WHEREAS, the City awards taxpayer-funded contracts to businesses to provide services to the public and to
City government: and

          WHEREAS, the purpose of this ordinance is to ensure that businesses receiving service contracts from the
City pay a living wage.

         NOW, THEREFORE,

         SECTION 1. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MEMPHIS,

That Chapter 2, Code of Ordinances, City of Memphis, be amended so as to create the following:


                                                    Chapter 2
                                                  Administration


Art. XI Living Wage 2-407 --- 2-425


                                          ARTICLE Xl— Living Wage


Section 2-407. Definitions:
         For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to
them by this section:


          City - means the City of Memphis, including those city departments which exercise independent control over
their expenditure of funds.


         Contractor - means any person that enters into a service contract with the city.


          Employee - means any person who is employed full-time, part-time or on a temporary basis as a service
employee of a contractor or subcontractor on a city service contract. Employer - means any person, company or
corporation that employs two or more employees at any one time within a calendar year and who is a contractor or
subcontractor provided, however, that corporations organized under Section 501 (C)(3) of the Internal Revenue Code
of 1954, 226 U.S.C. 501 (C)(3) shall be exempted as to all employees other than child care workers.


         Person — means any individual, business entity, corporation, partnership or joint venture.



RFP # 2685                                                23
          Service Contract - means a contract awarded to a contractor by the city primarily for the furnishing of
services to or for the city (as opposed to the purchase of goods or other property or the leasing of property). Service
contract includes subcontracts but does not include any contract, whether or not a subcontract, which: (1) involves only
the purchase of goods; (2) involves services provided by student interns; (3)is a contract in existence prior to the
effective date of this article; or (4)is a contract with a school district, municipality or other unit of government.

          Subcontractor — means any person not an employee that enters into a contract (and that employs employees
for such purpose) with a contractor to assist the contractor in performing service contracts.


Section 2-408. Payment of minimum compensation to employees.


          All employees employed and work performed as part of a service contract with the city shall receive an
hourly wage no less than that set under the authority of this article. The minimum hourly wage shall be as defined by
the University Of Memphis Fogleman College Of Business for the Memphis area, which today is at least $10 per hour
with health benefits for employees and their dependents or $12 per hour without health benefits.


Section 2-409. Monitoring and Enforcement.


a. The comptroller shall monitor compliance with this law and may contract with nongovernmental agencies to
investigate possible violations.
b. The Mayor or his or her designee may promulgate rules .to implement the provisions of this law and may delegate
such authority to the comptroller.
c. The comptroller shall submit an annual report to the Mayor and the City Council summarizing and assessing the
implementation of and compliance with this new law during the preceding year.


Section 2-410. Required records — payroll reports.


(a) Contractor to submit.
The service contractor shall submit 2 complete copies of the payroll reports and the payrolls of each subcontractor,
consecutively numbered, not later than 14 days from the end of their respective payroll periods; I copy to be sent to the
contracting agency, the other to the Comptroller where the same will be available for public inspection during regular
business hours.
(b) Contents.
The payrolls shall contain:
(1) the name of the prime service contractor and any subcontractor, if any:
(2) a designation of the project and location;
(3) the name, Social Security Number, and occupation of each employee;
(4) the tlassit9cation in accordance with the classification fixed in the contract;
(5) the number of hours worked daily by the service worker at straight time and overtime and the hourly wage rate for
each;
(6) the gross wages paid to the service worker per pay period; and
(7) such other data as may be required by the Comptroller from time to time.


 (c) Prime contractor responsible for subcontractors.
The prime service contractor shall be responsible for the submission of all subcontractors’ payrolls covering work
performed.

(d) Signed statement of compliance.




RFP # 2685                                                 24
Each copy of the payroll shall be accompanied by a statement signed by the contractor or the subcontractor, as the case
may be, indicating:
          (1) that the payroll is correct;
          (2) that the wage rates contained therein are not less than those established by this ordinance as set forth in
the contract;
          (3) that the classification set forth for each service worker conforms with the work that the service worker
performed; and

          (4) that the service contractor has complied with the provisions of this article.


Section 2-411. Article applicable to new service contracts.


          The provisions of this article shall apply to:

          (1) A service contract consummated after the effective date of this article.
          (2) A service contract amendment consummated after the effective date of this article.

Section 2-412. Retaliation and Discrimination Barred

.
           It shall be unlawful for any employer to retaliate, discharge, demote, suspend, take adverse employment
action in the terms and conditions of employment or otherwise discriminate against any employee for reporting or
asserting a violation of this law, for seeking or communicating information regarding rights conferred by this law, for
exercising any other rights protected under this law, or for participating in any investigatory or court proceeding
relating to this law. This protection shall also apply to any employee or his or her representative who in good faith
alleges a violation of this law, or who seeks or communicates information regarding rights conferred by this law in
circumstances where he or she In good faith believes this law applies. Taking adverse employment action against a
covered employee(s) or his or her representative within sixty days of the covered employee engaging in any of the
aforementioned activities shall raise a rebuttable presumption of ha9ing done so in retaliation for those activities. Any
covered employee subjected to any action that violates the subsection may pursue administrative remedies or bring a
civil action in a court or competent jurisdiction.


Section 2-413. Penalties.


          (a) Debarment for 2 years.


          In the event the Comptroller determines, with approval from the full Council, that any service contractor has
          failed to pay the living wage rate or has otherwise violated the provisions of this article and that such failure
          was intentional, no contract shall be awarded to such service contractor, or to any person in which such
          service contractor has an interest until 2 years have elapsed from the date of such determination.

Section 2-414, Collective Bargaining.


         Parties subject to this article may, by collective bargaining agreement, provide that such agreements shall
supersede the requirements of this article.


Section 2-415. Exemptions.

          The following are not covered employees for purposes of this article:

                    (1) A person who provides solely volunteer services that are uncompensated except for
                        reimbursement of expenses such as meals, parking or transportation; and



RFP # 2685                                                  25
                  (2) A person employed in construction work that is subject to the provisions pursuant to the
                      Prevailing Wage ordinance; and

                  (3) Any and all Employees in the Hospitality industry, including, but not limited to, any and all
                      employees working for restaurants and limited and full-service hotels and lodging
                      establishments within the city limits of Memphis and Shelby County.


Sections 2-416— 2-425. Reserved.


        SECTION 2. BE IT FURTHER ORDAINED, That the provisions of this Ordinance are hereby severable.
        If any of these sections, provisions, sentences, clauses, phrases or parts are held unconstitutional or void, the
        remainder of this Ordinance shall continue in full force and effect.


        SECTION 3. BE IT FURTHER ORDAINED, That this Ordinance shall take effect from and after the date
        It shall have been passed by the council, signed by the chairman of the council, certified and delivered to the
        office of the mayor in writing by the comptroller, and become effective as otherwise provided by law.


        TAJUAN STOUT MITCHELL
        Chairman of the Council
        Attest:
        Patrice Thomas, Comptroller.




RFP # 2685                                                26
APPENDIX D
iX104C3TM Rugged Tablet PC
Intel® Pentium M 753 (1.2 GHz) Processor


iX104C3TM Rugged Tablet PC Family
Created for today's world where there is no longer any room for `down time,' the new iX104C
Tablet PC is the essential rugged mobile computer designed to satisfy customer requirements.

By utilizing our innovative rugged, mobile wireless technology and incorporating new key
features, Xplore has developed and commercialized the well-dened robust Tablet PC to meet
customers' needs in an expanding worldwide market. Durability and reliability are built into the
design of every component.

Powerful


Compatibility is not an issue with Xplore's rugged mobile computers. Our
products are designed around industry standards. At the heart of the iX104C
PLUS is an Intel Pentium M 738 pro cessor that enables the use of a full
Windows operating system. Mobile workers can leverage the same applications
that they would in an ofce environment. Flexible implementation allows for
compatibility with the rapidly growing base of connections.

Secure

Xplore's iX104C incorporates a durable fingerprint reader for Windows security
authentication.

Accessible

A user accessible hard drive and a user accessible PCMCIA bay can be used for
compact flash cards or Xplore approved wireless cards.

Durable


The iX104C offers a patented design, which incorporates a triple-layer
Magnesium housing with a bumper system and customized gaskets, that enables
it to survive in demanding work environments including exposure to vibration,
extreme temperatures, moisture, dust or drops to concrete.

Versatile


With Xplore's iX104C, numerous options allow customers to obtain computing
solutions that will accommodate the future needs of their organizations. Via its
onboard ports as well as those on its docking solutions, users can add


RFP # 2685                                     27
accessories, thereby increasing the functionality of their rugged computing
solutions and better conduct day-to-day business activities. Special connectors
enable the iX104C to interface with Xplore modules i.e. xGPS and xSwipe
modules.

Viewable

The iX104C integrates high-resolution, high-contrast display technology that
enables end users to easily view GIS, video, schematics and other important
geographical information. Equipped with Xplore's award-winning AllVueTM
technology, it allows users to experience superior visualization whether they
are operating in direct sunlight or in office lighting environments.

Easy to Use

With the pen/touch technology incorporated into the design of the iX104C,
mobile workers can enter and manipulate information as needed while they are
working remotely. No longer will mobile workers have to spend hours re-
entering information from handwritten eld documents into organization
databases because the iX104C allows mobile workers to enter information
where the work happens, which can easily be uploaded via a network
connection or portable storage media.

Mobile

Long life Lithium Ion battery technology with warm swap capabilities supports
extended eld usage away from wired power sources. Wireless options include
wLAN, wWAN, PAN (Bluetooth) and GPS; all can be used simultaneously
allowing users extreme mobility.

Low Cost of Ownership

The rugged design helps extend the life of the unit, protecting it from damage
that would disable a normal computer. Xplore's Tablet PCs are engineered,
third party tested and warranted to US Military Standards (MIL-STD 810F). When
your demanding application requires a truly rugged mobile computer choose
Xplore.

Processor Specifications

 CPU:
 Chipset:
 Processor Speed:
 Intel Pentium M 753
 Intel 855GME - 400 MHz
 1.2 GHz




RFP # 2685                             28
Dimension and Weight

4.95 lbs (2.5 kg) with standard battery
11.20"W x 8.25"H x 1.60"D
284.5mm x 209.60mm x 40.60mm)

Interface Specifications

 Wireless Radio Bays:      One User Accessible Type I or Type II PC card slot
                           (PCMCIA cardbus version 3.0)
                           One User Accessible OEM radio bay

 Integrated Interfaces:    DC in
                           Two USB 2.0
                           Microphone and Headset jack
                           LAN (RJ-45) 10/100/1000 Mbit
                           15 pin D-SUB connector for external
                           VGA monitor
                           Optional Bluetooth/56K modem combo module
                           Remote SIM socket for eGPRS

 Keypad/User Controls:     Application buttons with primary and secondary
                           functions
                           Power on/Suspend/Resume button
                           Reset button
                           Integrated Finger Print Scanner

 Status Indicators:        Power, charge/DC-in, warning

Power Specifications

 Main Battery:(Standard) Six cell removable Lithium ION prismatic
                         7.4V @ 5700 mAh (41Whr)
                         Recharge time: 2.5 hours (90%)
                         Life: up to 3.5 hours
                         Suspend life: Minimum three days

 Extended Life             Eight cell removable Lithium ION prismatic

Battery:(Optional)         7.4V @ 7600 mAh (55Whr)
                           Recharge time: 3.5 hours (90%)
                           Life: up to 5 hours
                           Suspend life: Minimum 5 days

 Bridge Battery:           Six cell NiMH, 45mAh
                           Life (with suspend-to-RAM on bridge battery
                           only): 5 minutes from full charge



RFP # 2685                                29
 AC Adapter:                Auto sensing 100-240V, 50-60Hz
                            supplying 19VDC, 3.42A current

  Battery Storage:
(Recommended)               Temperature: 32° to 140° F (0° to 60° C) at 40 to
                            60% capacity

  Battery Charge:
(Recommended)               Temperature: 32° to 113° F (0° to 45° C)


Memory & Storage Specifications


 Main Ram:(Standard)        512 MB and Optional 1 GB
 L2 Cache:                  2MB on-die
 BIOS ROM:                  8Mbit (FWH)
 Hard Disk Drive:           40GB IDE HDD (2.5" shock mounted)
(User Accessible)           Optional 80GB IDE HDD With hard drive heater

Audio Specifications

 Audio                      AC'97 codec
                            On-board microphone with noise cancellation
                            On-board integrated stereo speakers

Additional Specifications

 Operating System:          Microsoft Windows XP Tablet Edition

Display Specifications

 Display:                   10.4" XGA TFT (1024x768), 16M colors
                            32-bit true color
                            Active digital sensor
                            Optional resistive touch digitizer (Dual Mode)
                            Optional AllVueTM LCD technology for enhanced
                            indoor/outdoor display
                            Optional Dual Mode AllVueTM Plus

 Brightness:                16 levels

 Viewing Angle:             Horizontal 30 degrees (minimum)
                            Vertical 10 degrees (minimum)

 Contrast Ratios:           Typical 250: 1 (minimum 100:1)

 VRAM:                      Intel Extreme Graphics 2 technology
                            64MB shared memory


RFP # 2685                              30
Environmental Specifications

 Temperature:             MIL-STD 810F methods 501.4 & 502.4
                          Operating: -4° to 140° F (-20° to 60° C)
                          Storage: -40° to 167° F (-40° to 75° C)
                          Cold Boot (battery): 32° F (0°C) @ 70% charge
                          Cold Boot (AC adapter): any

 Thermal Shock:           1.5°C < 5°C / minute over -20°C to 60°C

 Humidity:                 MIL-STD 810F method 507.4
                           0 to 95% non-condensing

 Transit Shock:           MIL-STD 810F method 516.5
                          Up to 4' drop to concrete, all surfaces, edges and
                          corners

 Crash Shock:             MIL-STD 810F method 516.5
                          75g, 11ms, Terminal sawtooth

 Vibration:               MIL-STD 810F method 514.5C-17
                          0.4g^2/Hz, 20Hz - 1000Hz
                          -6dB/octive 1000Hz - 2000 Hz

 Vehicular Vibration:     MIL-STD 810F method 514.5C-17
                          Composite wheeled vehicle

 Enclosure Class:         MIL-STD 810F method 510.4 procedure 1
                          Sand & dust: Particle size < 149 m,
                          10 ±7 g/m3 particle density, 1.5 m/s to 8.9 m/s wind
                          speed
                          MIL-STD 810F method 509.4 Salt fog:
                          5% saline for 48 hours (12 wet, 12 dry, 2 cycles)
                          MIL-STD 810F method 505.4
                          Solar radiation: 1120 W/m2 (355 Btu/ft2/hr)
                          UVB @ 50°C, 7x24 hr cycles)
                          IP 65 equivalence

Agency Approvals


 Emissions:               EN55022 (CISPR22) Class B
                          FCC 15, Class B; Doc Class B; CE Mark

 Immunity:                EN55024
                          FCC 15, Class B; Doc Class B



RFP # 2685                            31
 Safety (per Wistron):   cUL listed, UL 1950, third edition
                         Tuv T-Mark, EN60950
                         CSA Haz-Loc Class I
                         DIV 2 with 41Whr and 55Whr batteries and all
                         wireless radios e-mark approval, e11 022821
                         Atex Zone 2, Category 3
                         RoHS Compliant




RFP # 2685                           32

						
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