REQUEST FOR PROPOSAL

MEDICAID REIMBURSEMENT SERVICES

JOHNSON CITY SCHOOL SYSTEM

RFP # 6871

Proposal Due Date/Time

October 30, 2025; 2:30PM (Eastern Time)

(at which time they will be publicly opened)

City of Johnson City

Purchasing Department

209 Water Street

Johnson City, TN 37601

RFP# 6871 - Medicaid Reimbursement Services

Johnson City School System

PROPOSAL INSTRUCTIONS

SCOPE

The Johnson City School System is seeking proposals from qualified agencies to provide medicaid reimbursement for services provided to students, including school nursing services and therapies. The agency will also need to assist in obtaining appropriate health licenses, credentialing for insurance companies, and training staff on the required documentation. In addition, the agency will need to submit billing claims on behalf of the district, report monthly on reimbursements received, and assist with federal requirements.

The specifications contained herein describe the minimum requirements of the Johnson City

School System and any omission shall not relieve the agency of furnishing quality service in a timely manner. Any variances or exceptions to these specifications must be clearly identified, otherwise full compliance is understood.

PROCEDURE FOR SUBMITTAL

To be considered, Proposers must submit a complete response to this RFP using the format provided. Proposals must include a statement as to the period during which the proposal remains valid but for purposes of this RFP, the period must be at least ninety (90) days.

Proposer can submit electronically per link below or place submittal response in a sealed envelope plainly identified on the outside with vendor name and proposal name and number. If submitting paper copies submit 3 copies of entire response. Vendor responsible for delivery to

Johnson City Purchasing Dept., Debbie Dillon- Director, 209 Water Street, Johnson City, TN

37601 on or before the deadline of October 30, 2025, 2:30 PM ET.

ELECTRONIC RESPONSES: CLICK HERE

A list of respondents will be available the following business day at 8:00 a.m. Late submittals will not be considered. Telephone, facsimile or email offers will not be accepted.

The contents of any proposal received shall become contractual obligations upon the execution of a purchase order by authorized representatives of both the City and the Proposer. Failure of the selected Proposer to accept these obligations may result in cancellation of the award.

Proposals must be signed by the agent or person authorized to bind the Proposer to its provisions.

Unsigned offers will not be accepted and will be declared non-responsive.

Solicitations will be opened publicly via a simultaneous virtual and in-person meeting at the

Purchasing Department.

https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=fe86e01d-2fb7-4495-949d-95272edeec39

RFP# 6871 - MEDICAID REIMBURSEMENT SERVICES VIRTUAL PROPOSAL OPENING

Meeting ID: 868 2863 8437 Passcode: 321374

If you do not have access to a webcam, or you have no audio with your system, you may call this number to join: (646) 518-9805. Any issues accessing the zoom web meeting please call

423.975.2711 for direct assistance.

The City of Johnson City reserves the right to reject any or all submissions, to waive technical or legal deficiencies, to proceed or not with any proposal or process, and to negotiate such terms and conditions of any proposal, agreement, or other contract that may be in the best interest of the

City.

The City reserves the right to terminate or amend this process at any time.

Submittals must be signed by the agent authorized to bind the Proposer to its provisions.

Unsigned offers will not be accepted and will be declared non-responsive. Electronic signatures are acceptable.

The contents of any proposal received shall become contractual obligations upon the execution of a contract by authorized representatives of both the City and the Proposer. Failure of the selected proposer to accept these obligations may result in cancellation of the award.

This request for proposal will neither commit the JC Schools to commence the award, nor in any way limit the discretion of JC Schools in selecting a proposal.

CONTACT PERSONS

Any questions relative to the specifications and/or requests for clarification may be directed to

Jennifer Norton or Dr. Allecia Frizzell via email only: nortonj@jcschools.org and frizzella@jcschools.org. Proposal procedure questions may be directed to Debbie Dillon, Director of Purchasing, (423) 975-2717; e-mail: ddillon@johnsoncitytn.org

ECONOMY OF PREPARATION

Proposals should be prepared simply and economically, providing a straightforward, concise description of Proposer capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content.

INCURRING COSTS

The City is not liable for any costs incurred by Proposer prior to issuance of a contract.

PROPOSAL FORMAT

The proposal response shall be presented in the following format:

1. Cover letter demonstrating understanding of City’s requirements, and description of software and services proposed

2. Company qualifications https://us06web.zoom.us/j/86828638437?pwd=QqBeEeu5eFCjkRWAnPEQdSnxbg7gPh.1 mailto:nortonj@jcschools.org mailto:frizzella@jcschools.org

3. Completed specification checklist

4. Notes and deviations

5. References

6. Descriptive literature on system proposed along with report examples

7. Project completion timeline

8. Cost proposal sheet including renewal costs

MEDICAID REIMBURSEMENT SERVICES SPECIFICATIONS

Contracted Service to assist with Medicaid Billing

Administrative services that provide assistance to Johnson City School’s nursing and special education departments in enrolling and/or maintaining the school districts credentials for an in-network group provider with TennCare/Medicaid and all the TennCare MCO’s beginning for grades prek-12 and Johnson City Schools faculty and staff.

Requirements (Any exceptions must be clearly indicated)

● Funds are to be deposited in an account in the name of Johnson City Schools within 3 days. The bank is to be within the State of TN.

● Suited for students of all grade levels across the school district

● Administrative services for enrolling and/or maintaining the school districts credentials for an in-network group provider with TennCare/Medicaid and all the TennCare MCO’s

● Administrative services for enrolling eligible therapists/nurses who are employed or contracted by Johnson City Schools to become in-network providers with TennCare and each of the TennCare MCO’s.

● Maintenance of the medical charts on eligible students; including tracking parental consents and obtaining physician referrals for the TennCare eligible students.

● Clinical training to each of the therapists/nurses regarding documentation requirements and on-going access to a clinical team for questions that may arise during the school year.

● Web-based documentation system

● On-going technical assistance

● All forms and written materials provided

● Submission of billing claims to MCO’s on behalf of the School System.

● Medical oversight for nursing staff related to billing

● Customer support available

● Fully FERPA/HIPAA compliant

● Includes flexible implementation recommendations

● Adaptable for entire student population

● English and Spanish languages should be available

● Agency shall provide full details of user training offered, including free and fee-based options, as well as virtual and in-person options.

PROGRAM TIMEFRAME

Program shall be available for School System use within (30) days of contract award.

WITHDRAWAL OF PROPOSALS

Proposals may be withdrawn upon written request received from Proposer prior to the time fixed for receipt. Electronically submitted responses can be withdraw by proposer.

ACCEPTANCE OF PROPOSAL CONTENT

Proposals are to be valid for a minimum period of ninety (90) days from the date of receipt by the

City.

The contents of any proposal received shall become contractual obligations upon the execution of a contract by authorized representatives of both the City and the Proposer. Failure of the successful Proposer to accept these obligations may result in cancellation of the award.

The City reserves the right to reject any or all proposals and to waive informalities, irregularities, and technicalities in the proposal process.

The City may negotiate separately with any source in any manner necessary to arrive at a contract agreement that is in the best interest of the City.

RFP ADDENDA

Any change to the specifications herein will be brought forward in the form of a written addendum from the Purchasing Department and will be provided to all interested parties. No oral interpretations or communication will affect or change in any way the information contained herein.

CONTRACT AWARD

Contract award, if made, shall be to the most responsible agency who offers the most responsive proposal. The City reserves the right to choose the proposal that is in its best interest.

Considerations in the award shall be: company qualifications and experience, service, compliance with system requirements, upgradeability, and costs. Proposer’s past service/support performance will be a consideration in the award. In addition to the above award considerations the Program offered will be evaluated based on the following scoring criteria:

1. Qualifications and experience

2. Medical oversight available for billing services

3. All forms and written materials provided

4. Appropriate for school nurses and therapists

5. Ease of use for school nurses and therapists

6. Cost/reimbursement and training support

REFERENCES

Agency may be required (upon request) to provide a minimum of three (3) user references of proposed services initiated within the last three (3) years. Each reference shall have the company or government entity name, address, contact person, and telephone number. A program demonstration may also be required, at the City’s request.

REQUIREMENTS FOR BIDS, REQUEST FOR PROPOSALS AND CONTRACTS

This Proposal, and any response to it, also includes the City’s “Requirements for Bids, Requests for Proposals, and Contracts, etc.” and the “Sealed Solicitation General Terms and Conditions” attached hereto and set forth herein as if verbatim.

RIGHTS AND OPTIONS OF THE CITY OF JOHNSON CITY

The City reserves the following rights and options:

● Determine those proposers who are most qualified.

● Reject any or all proposals for any reason, at its sole discretion.

● Reject any or all proposals, for any reason, at its sole discretion.

● Supplement, amend, or otherwise modify this RFP.

● Cancel this RFP with or without submission of another RFP.

● Issue additional solicitations for information and proposals, and conduct investigations with respect to the qualifications of each respondent.

CONTRACT PERIOD

This is a three (3) year contract subject to annual renewals provided all prices, terms and conditions remain unchanged and the agency is in agreement. Prices contained herein shall remain firm for the term of this contract. The City reserves the right to re-solicit at the end of any one (1) year period.

INSURANCE

The attached Insurance Checklist (which includes a section for the Insurance agent to fill-out) and

General Contract Form shall be completed and returned with the proposal package. Successful vendor shall provide certificate of insurance, as specified, prior to contract release by Purchasing

RFP# 6871 - MEDICAID REIMBURSEMENT SERVICES FOR JOHNSON CITY SCHOOLS

REQUIREMENTS CHECKLIST

City of Johnson City, Tennessee

General Information:

Johnson City Schools is requesting proposals for a Medicaid Reimbursement Service for grades prek-12 and Johnson City Schools faculty and staff as per the below areas of emphasis.

The program will be implemented at twelve school sites and central offices.

The provisions contained herein describe the minimum requirements of the Johnson City School

System and any omission shall not relieve the agency of furnishing a user friendly program in a timely manner. Any variances or exceptions to these specifications must be clearly identified;

otherwise, full compliance is understood.

Agency must complete and return these forms for the proposal to be considered responsive. A check mark ( ) shall be placed in the areas of specification agreement. A check mark indicates compliance. Variances must be clearly identified in the agency’s column or on a separate sheet.

Failure to comply with any part of these specifications will not remove that proposal from consideration but will indicate a variance on which the Johnson City School System alone will determine the importance to the overall performance of the program and suitability for the intended purpose. Any omission from these specifications shall not relieve the agency from the responsibility of furnishing a program ready for use.

SCHOOL SYSTEM REQUIREMENTS PROPOSER

COMPLIES

(yes or no)

PROPOSED

EXCEPTIONS

(use separate sheet if necessary)

Proposed System:

Johnson City Schools is requesting proposals for a

Medicaid Reimbursement Service specific to school nursing and therapist services listed under the

Special Education Department that provides

Medical oversight for all procedures documented/completed.

Web-based documentation system with on-going technical assistance.

Company name: __________________________

Administrative services for enrolling and/or maintaining JCS credentials for an in-network group provider with TennCare/Medicaid and all

TennCare MCO’s.

Administrative services for enrolling eligible therapists/nurses who are employed or contracted by JCS to become in-network providers with

TennCare and each of the TennCare MCO’s.

All forms and written materials shall be provided

(ie..parental consent, HIPAA forms and parental notifications)

Maintenance of the medical charts on eligible students; including tracking parental consents and obtaining physician referrals for the TennCare eligible students.

Availability of training related to program usage for school nurses and therapists providing services under Special Education.

Company name: _________________________________________________

COMPLETE AND RETURN ALL SHEETS WITH SUBMITTAL PACKAGE

RFP# 6871 - MEDICAID REIMBURSEMENT SERVICES FOR JOHNSON CITY SCHOOLS

City of Johnson City, Tennessee

FEE PROPOSAL FORM

The undersigned proposes and agrees, if their Proposal is accepted, to contract with the City of

Johnson City to furnish all software and service described herein that meets the requirements of this solicitation.

Provide detailed cost/reimbursement information as per below:

ANNUAL COST $___________

Any other costs involved: $___________

Name of Agency:_____________________________________________________________

Address: _________________________________________________________________

Telephone: ( ) _____________________ Fax: ( ) __________________________

Email address: ____________________________________________________________

Printed Name and Title: _____________________________________________________

Signature: ________________________________________________________________

Date: ____________________________________________________________________

THIS FORM MUST BE SIGNED TO BE CONSIDERED

By signing this document, Proposer agrees to the Requirements of the Iran Divestment Act and Non-Boycott of Israel Acts (Sealed Terms and Conditions #18 & #21).

INSURANCE CHECKLIST

(Professional Services – Medicaid Reimbursement Services)

REQUIRED COVERAGE (marked by “x”) MINIMUM LIMITS

1. Worker’s Compensation (proprietor/partners/executive officers exclusion not allowed) . . . . . . . . . . . . . . Statutory limits of Tennessee and Employer's Liability . . . . . . . . . . . . . . . . . . . . . . $100,000/accident, $100,000/disease, $500,000/disease policy limit X 2. Commercial General Liability . . . . . . . . . . . . . . . . . $1,000,000 CSL BI/PD each occurrence, $2 Million annual aggregate

Including: Premises/Operations, Independent Contractors, Contractual Liability, Personal & Adv Injury, Products & Completed Ops

3. Automobile Liability & Owned/Hired/Non-Owned Vehicles . . . . . . . . . $500,000 BI/PD each accident, Uninsured Motorist

X 4. Umbrella Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million Bodily Injury, Property Damage and Personal Injury

5. Per Project Aggregate

6. Professional Liability

a. Architects and Engineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million per occurrence/claim

b. Asbestos Removal Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2 Million per occurrence/claim

c. Medical Malpractice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million per occurrence/claim

d. Medical Professional Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million per occurrence/claim

X 7. Miscellaneous E & O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $1 Million per occurrence/claim

8. Motor Carrier Act End. (MCS-90) . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million BI/PD each accident, Uninsured Motorist

9. Motor Cargo Insurance

10. Garage Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $1 Million Bodily Injury, Property Damage per occurrence

11. Garagekeepers Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500,000 Comprehensive, $500,000 Collision

12. Inland Marine-Bailee's Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $_______________

13. Moving and Rigging Floater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Endorsement to CGL

14. Dishonesty Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $________________

15. Builder's Risk/Installation Floater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Provide coverage in the full amount of contract

16. XCU Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Endorsement to CGL

X 17. Carrier Rating shall be Best's Rating of B++V or better or its equivalent X 18. Notice of cancellation, non-renewal or material change in coverage shall be provided to City at least 30 days prior to action. Worker’s Compensation and/or non-payment of premium - notification may be 10 days prior to action.

X 19. The City of Johnson City shall be named as Additional Insured on all policies except Worker’s Compensation and

Professional Liability. Per Acord 25 (2009/01), policies must be endorsed to incl. on-going & completed operations;

please submit copy of endorsement. (Cert. Holder: City of Johnson City, Attn: Purchasing, P.O. Box 2150, Johnson City, TN 37605. Email: purchasing@johnsoncitytn.org.)

X 20. Certificate of Insurance shall show project number or other contract identifier used by the City.

X 21. OTHER INSURANCE REQUIRED: Cyber Liability/Network Security Liability - $1 million limit

INSURANCE AGENT'S STATEMENT:

I have reviewed the above requirements with the bidder named below. The bidder has coverage with this agency for all of the areas marked with the exception of the following numbers:

_____ _____ _____ _____ _____ _____ Comments: _______________________________________________ Is Professional Liability excluded under General Liability? Yes_____ No_____ Is Contractual Liability excluded under Comm. General Liability? Yes_____ No_____ Is Independent Contractors excluded under Comm. General Liability? Yes_____ No_____

Carrier ratings: Insurer A________; Insurer B________; Insurer C________; Insurer D________

AGENCY NAME: ________________________________ AUTHORIZED SIGNATURE: ______________________________

Date: ______________________________

CONTRACTOR’S STATEMENT:

I have reviewed the above requirements with my insurance agent(s) and, if awarded a contract, will provide all coverage marked.

CONTRACTOR’S NAME: ______________________________ AUTHORIZED SIGNATURE: ___________________________

Date: _____________________________ AUTHORIZED (Printed):

Bid Number: ________________

Bid or Project Name: _____________________________________________

This form and the General Contract Form must be signed and returned with the bid package (if applicable). The Certificate of Insurance must be provided to Purchasing prior to contract award.

Insurance Guide – Prof. Lia.

Revised 3/29/2023

GENERAL CONTRACT FORM

The General Contract Form is included in every solicitation requiring insurance. The general requirements of the contract form are supplemented by items checked on the Insurance Checklist that identify specific requirements for the bid or project.

INSURANCE

Review this section carefully with your insurance agent or broker prior to submitting a bid or proposal. See Insurance Checklist (part of the Bid Forms) for specific coverage applicable to this contract. The term “Contract” as used in this section shall mean the Agreement covering the work that is entered into between the City of Johnson City, Tennessee and the Contractor.

1. General Insurance Requirements:

1.1 The Contractor shall not start work under this contract until the Contractor has obtained at its own expense all of the insurance called for hereunder and such insurance has been approved by the City; nor shall the Contractor allow any subcontractor to start work on any subcontract until all insurance required of the subcontractor has been so obtained and approved by the Contractor. Approval of insurance required of the Contractor will be granted only after submission to the Director of Purchasing of original, signed Certificate(s) of Insurance, General Contract Form, and Insurance Checklist or, alternately, at the City’s request, certified copies of the required insurance policies.

1.2 No acceptance and/or approval of any insurance by the City shall be construed as relieving or excusing the Contractor, or the surety, or its bond, from any liability or obligation imposed upon either or both of them by the provisions of the Contract Documents.

1.3 The City of Johnson City (including its elected and appointed officials, agents, and employees) is to be named as an additional insured under all coverage except Worker’s Compensation and Professional Liability and the Certificate of Insurance or the certified policy, if requested, must so state. Coverage afforded under this paragraph shall be primary as respects the City, its elected and appointed officials, agents and employees. The following definition of the term “City” applies to all policies issued under the contract:

“The City of Johnson City, Tennessee together with all of its various departments, bureaus, and agencies, as well as any affiliated or subsidiary board, committee, or authority, including but not limited to the City of Johnson City, Dept. of Education (A.K.A “Johnson City Schools”).”

1.4 The contractor shall provide insurance as specified in the Insurance Checklist contained in this document. In the event that Contractor obtains insurance coverage that is broader than the minimum required by this Agreement, this Agreement shall be deemed to require the broader coverage, including but not limited to any greater limits and any excess or umbrella coverages.

1.5 The Contractor covenants to save, defend, hold harmless and indemnify the City of Johnson City, Tennessee together with its various departments, elected or appointed officials, employees, officers, counsel, agents, and any and all other persons or entities acting on behalf of the same (collectively the City) from and against any and all claims of any sort based upon any theory of liability whatsoever, for any and all harm, loss, damage, injury, cost (including court cost and attorney fees) charges, or other liability of any nature whatsoever, however caused, resulting from or arising out of or in any way connected with the contractors performance or non-performance of the terms of the contract documents or its obligations under the contract based upon any theory of liability whatsoever, including claims brought by third persons, and further covenants to discharge all of the aforesaid persons and entities and forever hold them harmless from the same. The foregoing obligation to indemnify and defend shall continue in full force and effect after the aforesaid contractor completes all of the work required under the contract, until such time as the applicable statutes of limitation or repose have expired.

1.6 The Contractor shall be responsible for the work performed under the Contract Documents and every part thereof, and for all materials, tools, equipment, appliances, and property of any description used in connection with the work. The Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the Contract, or in connection in any way whatsoever with the contracted work, until final acceptance of the work by the City.

1.7 Insurance coverage required in these specifications shall be in force throughout the Contract Term. If the Contractor fails to provide acceptable evidence of current insurance within ten days of written notice at any time during the Contract Term, the City shall have absolute right to terminate the Contract without any further obligation to the Contractor and the Contractor shall be liable to the City for the entire additional cost of procuring performance by another vendor and the cost of performing the incomplete portion of the Contract at time of termination. Contractor is required to provide the City with notice of cancellation, non-renewal, or material change in coverage at least thirty (30) days prior to cancellation, non-renewal, or material change in coverage.”

1.8 Contractual and other liability insurance provided under this Contract shall not contain a supervision, inspection or engineering services exclusion that would preclude the City from supervising or inspecting the project as to the end result. The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the subcontractors and any persons employed by the subcontractor.

1.9 Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the City. The Contractor shall be as fully responsible to the City for acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by the Contractor.

1.10 Precaution shall be exercised by the Contractor at all times for the protection of persons (including employees) and property. All existing structures, utilities, roads, services, trees and shrubbery shall be protected against damage or interruption of service at all times by the Contractor and its subcontractors during the term of the Contract, and the Contractor shall be held responsible for any damage to property occurring by reason of its operation on the property.

1.11 If a Contractor can not meet the insurance requirements contained in a bid, proposal, or project description, alternate insurance coverage may be considered. Written requests for consideration of alternate coverage must be received by the Director of Purchasing at least ten working days prior to the date set for receipt of bids or proposals. If the City denies the request for alternate coverage, the specified coverage will be required to be submitted. If the City permits alternate coverage, an amendment to the Insurance Requirement will be prepared and distributed prior to the time and date set for receipt of bids or proposals.

1.12 All required insurance coverage must be acquired from insurers authorized to do business in the State of Tennessee, and acceptable to the City. The insurers must also have policyholders’ rating of “B++“ or better, and a financial size of “Class V” or better in the latest edition of Best’s Insurance Reports, unless the City grants specific approval for an exception in the same manner as described in 1.11 above.

1.13 The City may consider deductible amounts as part of its review of financial stability. The Contractor shall assume all deductibles.

2. Contractor’s Insurance – Occurrence Basis:

2.1 The Contractor shall purchase the following insurance coverage, including the terms, provisions and limits shown in the Checklist:

Commercial General Liability – The Commercial General Liability policy shall include any or all of the following as indicated on the Checklist:

i. General aggregate limit is to apply per project;

ii. Premises/Operations;

iii. Action of Independent Contractors;

iv. Contractual Liability including protection for the Contractor from claims arising out of liability assumed under this contract;

v. Personal Injury Liability including coverage for offenses related to employment;

vi. Explosion, Collapse, or Underground (XCU) hazards.

Professional Liability/Miscellaneous Errors and Omissions insurance which will pay for injuries arising out of errors or omissions in the rendering, or failure to render, professional services under the contract, in the amount shown in the Checklist.

Business Automobile Liability including coverage for any owned, hired, or non-owned motor vehicles, Uninsured Motorists insurance, and Automobile Contractual Liability.

Worker’s Compensation – statutory benefits as required by the State of Tennessee, or other laws as required by labor union agreements, including standard Other States coverage; Employers’ Liability coverage.

3. Commercial General or other Liability Insurance – Claims-made Basis:

If Commercial General or other liability insurance purchased by the Contractor has been issued on a claims-made basis, the Contractor must comply with the following additional conditions. The limits of liability and the extensions to be included as described in the Checklist remain the same. The Contractor must either:

i. Agree to provide certificates of insurance evidencing the above coverage for a period of three years for Professional Liability; two years for CGL and other Liability, after final payment for the contract. Such certificates shall evidence a retroactive date, no later than the beginning of the Contractors or subcontractors’ work under this contract, or

ii. Purchase an extended (minimum three years for Professional Liability;

two years for CGL and other Liability) reporting period endorsement for the policy or policies in force during the term of this contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

4. Alternative Coverage (Self Insurance)

Notwithstanding any of the above, the Contractor may satisfy its obligations under this section by means of self-insurance for all or any part of the insurance required, provided that the alternative coverage is acceptable to the City.

5. Limits of Liability Coverage

Specific limits of liability coverage on the Insurance Checklist may be adjusted according to project risk if the adjustment is deemed appropriate and the amended amount is approved by the City Manager.

6. Verification of Compliance

I have read this General Contract Form and agree to all the terms and conditions contained therein.

Contractor’s Name: ____________________________________

EIN or SSN: ____________________________________

Authorized Representative (Printed):

Authorized Representative (Signature): __________________________________

Title: ____________________________________

Date: ____________________________________

This form and the Insurance Checklist must be completed and returned with Certificate of Insurance, as specified, prior to contract award.

CITY OF JOHNSON CITY, TENNESSEE

http://www.johnsoncitytn.org/purchasing

SEALED SOLICITATION GENERAL TERMS AND CONDITIONS

Read Carefully - if applicable or unless specifically noted otherwise in the solicitation documents

1. ACCEPTANCE, REJECTION AND POSTPONEMENT

Issuance of a bid/rfp/rfq does not commit the City to make an award. The City reserves the right to postpone or reject any or all bids/rfps/rfqs, to waive informalities and to accept the bid/rfp/rfq judged to be in the best interest of the City.

2. ADDENDA

Addenda will be issued to all known interested parties and posted on the City’s website (listed above). All addenda issued shall become part of the solicitation documents. It is the vendor’s responsibility to determine and acknowledge all addenda issued for a solicitation. No addendum will be issued less than two (2) working days prior to the solicitation opening as per TCA § 12-4-01 , as amended

3. AWARD

An award, if made, shall be to the lowest responsible, responsive bidder(s) or best solicitation meeting quality and performance standards as described in the solicitation documents and whose bid/rfp is determined to be in the best interest of the City. The City also reserves the right to award this product/service based on other contracts in-place (state or cooperative contracts), as may be in our best interest.

4. AWARD PERIOD

The City shall have 60 days to issue a contract. Any contract past that period must be mutually agreed upon by both parties.

5. BID TABULATIONS/RFP/RFQu RESPONSES Bid tabulations and RFP/RFQu respondent’s lists will be posted and available no later than the next business day on our above website. Select “awarded/opened solicitations”. Award recommendations, when ready, will also be posted there.

6. BRAND NAMES

By referencing a brand name as “or approved equal”, the City intends to establish a minimum level of quality by which alternate offers can be judged.

If an alternate is offered, the vendor must include complete descriptive literature and specifications that clearly describe the item and how it differs from the referenced item. The City alone will determine whether an alternate is equivalent and meets the standards of quality and performance for the City’s use. A sample or demonstration may be required at the expense of the vendor.

7. CONDITION STANDARDS

It is understood and agreed that any item offered or shipped as a result of this solicitation shall be new and unused and the manufacturer’s latest model unless otherwise called for in the solicitation.

8. COOPERATIVE PROCUREMENT BY OTHER GOVERNMENTS “PIGGYBACK”

Other governmental entities in Tennessee may purchase goods and services under the same terms as Johnson City’s contracts or agreements as per T.C.A. § 12-3-1203. Johnson City does not accept any responsibility or involvement in this use by other public agencies.

9. DEFAULT

In case of contractor default or failure to provide material or service according to the solicitation, the City may cancel the contract and acquire from another source and may recover any excess cost by (1) invoice; (2) deduction from an unpaid balance due; (3) collection against the bid and/or performance bond; or (4) a combination of the aforementioned remedies or other remedies provided by law. All costs associated with default will be borne by the contractor. The City reserves the right to remove a company in default from the active vendor list for a time period to be determined by the Director of Purchasing.

10. EQUAL OPPORTUNITY

It is the policy of the City of Johnson City to ensure compliance with Title VI of the Civil Rights Act of 1964; 49 CFR, Part 21; related statutes and regulations to that end that no person shall be excluded from participation in or be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or any other funding source on the grounds of race, color, sex, national origin, or ancestry. By virtue of submitting a response to this solicitation, vendors agree to comply with the same non-discrimination policy.

11. EVALUATION

Bids/RFPs/RFQs will be evaluated according to the criteria set forth in the solicitation with the degree of importance determined by the City.

12. EXAMINATION OF BIDS/RFPS/RFQS

Bids and associated documents may be examined at the opening. Only the name of the respondent is read aloud for RFP’s/RFQu’s. All solicitations are closed for review and inspection during the evaluation period, prior to award.

13. INDEMNIFICATION

The vendor shall guarantee and certify by submitting a response to this solicitation that if successful, they shall indemnify and defend the City against any and all claims or legal actions arising as a result of their performance of the contract, whether or not such claims relate to damages or alleged damages sustained by physical injury to contractors personnel, subcontractors, city employees or other persons, or against any lawsuits arising from alleged or actual patent infringements, and shall hold the City, its various departments, employees, and any and all persons or entities acting on its behalf harmless from the same.

14. INSPECTION

All supplies or materials purchased as a result of this solicitation are subject to inspection and rejection by the City. Rejected materials will be returned at the vendor’s expense.

15. INSURANCE

The contractor shall maintain, at their expense, such insurance as required by the solicitation. Such insurance shall protect the City for claims of damages which may arise during operations under this contract whether such operations be by the Contractor or by any subcontractor or anyone directly or indirectly employed by either of them. Any required insurances shall be maintained for the term of the contract and beyond the term of the contract when so required in the solicitation.

16. IRAN DIVESTMENT ACT

Pursuant to Tenn. Code Ann. § 12-12-110 a person that is identified on a list created pursuant to § 12-12-106, as a person engaging in investment activities in Iran as described in . § 12-12-105 shall be ineligible to contract with any political subdivision of this State.

17. LICENSES, FEES, PERMITS

The contractor is responsible for furnishing the proper licenses, fees, and permits required by law to do business with the City of Johnson City in completion of the project. All work shall be done in accordance with the latest building codes, state and federal laws relative to the contract.

18. MULTIPLE ITEM AWARD

The City will determine the successful bidder(s) either on the basis of the individual line items or the total of all items. ALL OR NONE bids must be clearly identified on the bid form and will be considered only if in the City’s best interest.

19. NON-BOYCOTT OF ISRAEL ACT

Pursuant to the Non-Boycott of Israel Act Tenn. Code Ann. § 12-4-119 requires that contracts of $250,000+ to suppliers with 10 or more employees must certify that to the best of its knowledge and belief they are not boycotting Israel pursuant to Tenn. Code Ann. § 12-4-119 and will not during the full term of any award.

http://www.johnsoncitytn.org/purchasing https://law.justia.com/citations.html

20. NON-COLLUSION AGREEMENT

By submitting this solicitation, the agent representing all officers, partners, owners, representatives, employees or interested parties of the vendor’s firm certifies to the best of his/her knowledge and belief this bid/proposal to the City of Johnson City, Tennessee has not been prepared in collusion with any other seller, proprietor, or manufacturer of similar products or services. “Collusive bidding” refers to agreements and/or communications by vendors submitting bids/proposals to cooperate for the purpose of manipulating the competitive solicitation process. The agent also certifies that the prices, terms and conditions of said bid/proposal have been arrived at independently and have not been communicated by the submitter, nor by any of the aforementioned firm associate to any other seller, proprietor, or manufacturer of similar products or services and will not be communicated prior to the official opening of said solicitation. In the event the City of Johnson City identifies a vendor or vendors engaged in collusive bidding, the City of Johnson City may reject future submissions from identified vendor or vendors and/or prohibit future submissions from the same. The agent further states that no official or employee of the City of Johnson City has promised any personal, financial or other beneficial interest, either directly or indirectly, in order to influence award of this solicitation.

21. PARTS AND SERVICE

The successful vendor must be able to provide adequate parts and service for all items awarded. Service location and ability to perform may be a consideration in the award.

22. PAST PERFORMANCE

Vendor’s past performance may be a consideration in the awarding of this contract.

23. PRE-BID MEETING ATTENDANCE

If attendance is mandatory then only those firms whose names are listed on the pre-bid attendance roster are eligible to submit a solicitation.

24. PRICING

All pricing must appear in the spaces provided on the city’s form.. Any changes or corrections by the bidder/proposer must be initialed by the person signing. Unit prices will prevail in case of an extension error. The City will correct math computation errors (unit price & totals). No bid may be altered or amended after the bid opening. Obvious mistakes will be given special consideration upon receipt of written request and full disclosure or evidence regarding pricing error.

25. PROPRIETARY/CONFIDENTIAL INFORMATION

Vendors are hereby notified that all information submitted as part of, or in support of, bids/proposals will be available for public inspection after award, in compliance with Tennessee Statutes and any information marked as confidential will be reviewed for compliance.

26. PROTEST PROCEDURE

Any protest to the award of a contract by the City of Johnson City shall be submitted in writing to the Director of Purchasing with a copy to the City Manager and delivered not later than seven (7) calendar days from the date of the city's award decision (T.C.A. § 12-3-514 ), as amended. Such protest must include a protest bond in the amount of $350 (cashier’s check payable to the City of Johnson City) submitted to the Purchasing Director before the City will consider the protest. This protest bond will serve as a guarantee by the protester of the validity and accuracy of the protest. If the protest is denied by the City Manager the bond will be retained to cover costs associated with the protest.

27. QUESTIONS

No oral interpretations or instructions given by any city employee or any other person shall apply. Changes relative to any solicitation will be in writing, in the form of an addendum.

28. SAFETY STANDARDS

All manufactured items and fabricated assemblies shall comply with applicable requirements of OSHA/TOSHA and any related standards thereto.

29. SAMPLES

Samples, if required, will be furnished at no charge to the City. They will remain in the Purchasing Department for testing and evaluation until an award is made. Vendors are responsible for picking up their samples within two (2) weeks after the award. Samples not collected after that time shall become the property of the City. Samples from the successful vendor will be held until delivery is received and accepted as being equal to the sample.

30. SEALED SOLICITATION OPENINGS

Bids will be read aloud at the specified date and time as stated in the document. RFP’s/RFQ’S respondent names will be read aloud. All openings are public meetings. Bidders/proposers and interested persons are invited to attend. The City reserves the right to postpone any solicitation opening under circumstances warranting such action, including but not limited to instances when the City receives fewer than two responses.

31. SIGNATURES

When submitting a solicitation, other than electronically, the bid/proposal form must contain the full name and address of the company and be signed in Ink by a person authorized to bind that company to a contract. Submission of an electronic solicitation constitutes acceptance of all terms and conditions, digital signatures are allowed. Unsigned paper bids will not be considered, read or tabulated. They may not be signed during or after the bid opening, even if a representative is present.

32. SUBMITTAL OF SEALED BIDS/RFPS/RFQS

Any forms furnished by the city shall be completed and returned as specified in the solicitation, otherwise response may be considered as non-responsive. TELEPHONE, FACSIMILE OR E-MAIL RESPONSES WILL NOT BE ACCEPTED. Electronic receipt of bids/proposals is acceptable for those eligible for online submittal at: https://vrapp.vendorregistry.com/Vendor/Register/Index/johnson-city-tn-vendor-registration. Paper submittals shall be sealed in an envelope. No solicitation received after closing time shall be considered. The official time for paper submittals will be that of the date and time clock in the Purchasing Department. For electronic bids the official time is that posted on the website. Late submittals will not be accepted. The City of Johnson City shall not be responsible for technical difficulties experienced by vendors trying to register or submit their bid/rfp response electronically less than one hour prior to the bid/rfp opening time. If not offering a solicitation response, the vendor is encouraged to complete the ”Statement of Decline” form and return prior to the opening. Any document superfluously provided and not requested in the solicitation document may not be considered.

33. TAXES

The City is exempt from Federal excise tax, State, and city sales tax. Contractors are not exempt from the use tax on materials and supplies used in the production of an item or in the performance of a repair or construction contract. Tax exemption certificates will be furnished upon request.

34. TERM OF CONTRACT

Unless otherwise stated, the City reserves the right to purchase like items at the same contract price for a period of one year from the award date subject to agreement of both parties. The City may cancel any contract for cause, or non-appropriation of funds, following written notification of intent.

35. WARRANTY

Unless otherwise specified by the City, all items shall be guaranteed for a minimum period of one (1) year against defects in material and workmanship.

Revised March 7, 2025 https://law.justia.com/citations.html https://vrapp.vendorregistry.com/Vendor/Register/Index/johnson-city-tn-vendor-registration

REQUIREMENTS FOR BIDS, REQUESTS FOR PROPOSALS, AND CONTRACTS

BETWEEN THE CITY OF JOHNSON CITY

AND OTHER PARTIES

The City of Johnson City has established the following requirements for use in all bids and contracts between the City and any other person or entity. The following list is mandatory and modifies any bid, contract, or request for proposal, or conditions applicable to, signed by, or let by the City, notwithstanding anything contained in any particular conditions, contract, request for proposal, or bid to the contrary.

In general, the following provisions apply to all such contracts, bids, requests for proposals, contracts requiring bids, and bids containing contracts:

1. The City of Johnson City shall not answer to any contracting party for the furnishing of public records to a person requesting such in accordance with Tennessee law.

2. The City, while it may designate in writing a representative on a particular project, shall only be bound by a majority vote of the Board of Commissioners or by the limited authority delegated to the City Manager pursuant to City Ordinance. No personal representative of the City assigned to a particular project may bind it in excess of the dollar amounts granted to the City Manager by Ordinance, and no personal representative assigned to a particular project may bind the City for an amount equal to or less than the dollar amounts granted to the City Manager by Ordinance without the City Manager’s approval.

3. The City shall not in any event waive or limit any claims for damages including but not limited to consequential damages in any contract for any reason or purpose.

4. No decision of an architect, engineer, or personal representative of the City shall be final and binding on the City, unless the City so agrees in any dispute with any party including but not limited to an architect, a contractor, a subcontractor, an engineer, etc. If the City agrees to be bound pertaining to a dispute, then the monetary limits contained in the City’s ordinances regarding the authority of the City Manager shall prevail, and any amounts exceeding the authority of the City Manager shall be referred to the Board of Commissioners for their consideration.

5. The City shall not participate in any mediation or arbitration regarding any agreement to which it is a party, and all matters left unresolved between the City and any other party, person, or entity shall be resolved in a court of competent jurisdiction in either Washington County, Tennessee, or in Federal District Court in Greeneville, Tennessee.

6. No party or other entity shall file a lien of any nature whatsoever against City property, real, personal, or mixed, no matter where that property is located. Should a party or entity contracting with the City or acting as a subcontractor or subsubcontractor file a lien against any property, real, personal, or mixed, owned by the City, then that party or entity shall take immediate steps at its own cost and expense to remove said lien, or the City shall take such steps as it deems necessary and hold the other party or entity liable for any costs and attorneys’ fees associated with the lifting of said lien.

7. The City shall exercise its sole discretion before agreeing to any assignments of any contracts or subcontracts regarding any project in which the City is involved.