S.B. 216 Enrolled

AMENDMENTS TO UTAH EMERGENCY
MEDICAL SERVICES ACT
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: Rebecca D. Lockhart

LONG TITLE
General Description:
This bill amends the Utah Emergency Medical Services System Act to clarify the
procurement procedures that must be followed by a political subdivision issuing a
request for proposal for emergency 911 ambulance services.
Highlighted Provisions:
This bill:
. amends definitions;
. clarifies that the procurement process must be based on competitive sealed
proposals;
. requires a presubmission conference;
. requires fair treatment of all proposers;
. prohibits certain requirements in the request for proposals;
. requires certain information in the response to requests for proposals;
. clarifies the appeal rights for the selection of a proposer; and
. gives the State Appeals Board jurisdiction to review an appeal of the political
subdivision's selection.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill provides an immediate effective date.
Utah Code Sections Affected:

AMENDS:
26-8a-405.1, as last amended by Chapter 277, Laws of Utah 2004
26-8a-405.2, as last amended by Chapter 277, Laws of Utah 2004
ENACTS:
26-8a-405.3, Utah Code Annotated 1953
Uncodified Material Affected:
ENACTS UNCODIFIED MATERIAL

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 26-8a-405.1 is amended to read:
26-8a-405.1. Selection of provider by political subdivision.
(1) For purposes of this section and [Section] Sections 26-8a-405.2 and 26-8a-405.3 :
(a) "911 ambulance or paramedic services" means either 911 ambulance service, or 911
paramedic service, or both and:
(i) means a 911 call received by a designated dispatch center that receives 911 or E911
calls; and
(ii) does not mean a seven digit telephone call received directly by an ambulance
provider licensed under this chapter;
(b) "political subdivision" means:
(i) a city or town located in a county of the first or second class as defined in Section
17-50-501 ;
(ii) a county of the first or second class;
(iii) the following districts or service areas located in a county of the first or second class:
(A) a special service district created under Title 17A, Chapter 2, Part 13, Utah Special
Service District Act;
(B) a local district created under Title 17B, Chapter 2, Local Districts, for the purpose of
providing fire protection, paramedic, and emergency services; and
(C) a county service area created under Title 17A, Chapter 2, Part 4, County Service

Area Act, for the purpose of providing fire protection, paramedic, and emergency services; or
(iv) areas coming together as described in Subsection 26-8a-405.2 (2)(b)(ii)[.];
(v) municipalities and counties joining together pursuant to Title 11, Chapter 13,
Interlocal Cooperation Act; or
(vi) a special district for fire protection as defined in Section 17A-2-1304 .
(2) (a) Only an applicant approved under Section 26-8a-405 may respond to a request for
a proposal for 911 ambulance or paramedic services issued in accordance with Section
26-8a-405.2 by a political subdivision.
(b) A response to a request for proposal is subject to the maximum rates established by
the department under Section 26-8a-403 .
(c) A political subdivision may award a contract to an applicant for the provision of 911
ambulance or paramedic services:
(i) in accordance with Section 26-8a-405.2 ; and
(ii) subject to Subsection (3).
(3) (a) The department shall issue a license to an applicant selected by a political
subdivision under Subsection (2) unless the department finds that issuing a license to that
applicant would jeopardize the health, safety, and welfare of the citizens of the geographic
service area.
(b) A license issued under this Subsection (3):
(i) is for the exclusive geographic service area approved by the department in accordance
with Subsection 26-8a-405.2 [(3)](2);
(ii) is valid for four years;
(iii) is not subject to a request for license from another applicant under the provisions of
Sections 26-8a-406 through 26-8a-409 during the four-year term, unless the applicant's license is
revoked under Section 26-8a-504 ; and
(iv) is subject to supervision by the department under Sections 26-8a-503 and 26-8a-504 .
(4) [The] Except as provided in Subsection 26-8a-405.3 (4)(a), the provisions of Sections
26-8a-406 through 26-8a-409 do not apply to a license issued under this section.

Section 2. Section 26-8a-405.2 is amended to read:
26-8a-405.2. Selection of provider -- Request for competitive sealed proposal --
Public convenience and necessity.
(1) (a) A political subdivision may contract with an applicant approved under Section
26-8a-404 to provide 911 ambulance or paramedic services for the geographic service area that is
approved by the department in accordance with Subsection (2), if the political subdivision
complies with the provisions of this section and Section 26-8a-405.3 .
(b) The provisions of this section and [Section] Sections 26-8a-405.1 and 26-8a-405.3 do
not require a political subdivision to issue a request for proposal for ambulance or paramedic
services. If a political subdivision does not contract with an applicant in accordance with this
section and Section 26-8a-405.3 , the provisions of Sections 26-8a-406 through 26-8a-409 apply
to the issuance of a license for ambulance or paramedic services in the geographic service area
that is within the boundaries of the political subdivision.
(c) (i) For purposes of this Subsection (1)(c):
(A) "local district" and "county service area" are defined in Subsection
26-8a-405.1 (1)(b)(iii);
(B) "participating municipality" means a city or town whose area is partly or entirely
included within a county service area or local district; and
(C) "participating county" means a county whose unincorporated area is partly or entirely
included within a county service area or local district.
(ii) A participating municipality or participating county may contract with a provider for
911 ambulance or paramedic service as provided in this section and Section 26-8a-405.3 .
(iii) If the participating municipality or participating county contracts with a provider for
911 ambulance or paramedic services under this section and Section 26-8a-405.3 :
(A) the county service area or local district is not obligated to provide the ambulance or
paramedic services that are included in the contract between the participating municipality or the
participating county and the 911 ambulance or paramedic provider;
(B) the county service area and local district may impose taxes and obligations within the

county service area or local district in the same manner as if the participating municipality or
participating county were receiving all services offered by the local district or county service
area; and
(C) the participating municipality's and participating county's obligations to the local
district or county service area are not diminished.
(2) (a) The political subdivision shall submit the request for proposal and the exclusive
geographic service area to be included in the request for proposal to the department for approval
prior to issuing the request for proposal. The department shall approve the request for proposal
and the exclusive geographic service area:
(i) unless the geographic service area creates an orphaned area; and
(ii) in accordance with Subsections (2)(b) and (c).
(b) The exclusive geographic service area may:
(i) include the entire geographic service area that is within the political subdivision's
boundaries;
(ii) include islands within or adjacent to other peripheral areas not included in the
political subdivision that governs the geographic service area; or
(iii) exclude portions of the geographic service area within the political subdivision's
boundaries if another political subdivision or licensed provider agrees to include the excluded
area within their license.
(c) The proposed geographic service area for 911 ambulance or paramedic service must
demonstrate that non-911 ambulance or paramedic service will be provided in the geographic
service area, either by the current provider, the applicant, or some other method acceptable to the
department. The department may consider the effect of the proposed geographic service area on
the costs to the non-911 provider and that provider's ability to provide only non-911 services in
the proposed area.
[(3) (a) (i) A political subdivision may select an applicant approved by the department
under Section 26-8a-404 to provide 911 ambulance or paramedic services by contract let to the
lowest, responsive, and responsible bidder after publication of notice at least once a week for

three consecutive weeks in a newspaper of general circulation published in the county, or if there
is no such newspaper, then after posting such notice for at least 20 days in at least five public
places in the county.]
[(ii) The applicants who are approved under Section 26-8a-405 and who are selected
under Subsection (3)(a)(i) may be the political subdivision issuing the request for proposal, or
any other public entity or entities, any private person or entity, or any combination thereof.]
[(b) A political subdivision may reject all of the bids.]
[(4) In seeking bids and awarding contracts under this section, a political subdivision:]
[(a) shall follow the provisions of Section 63-56-20 ;]
[(b) shall consider the public convenience and necessity factors listed in Subsections
26-8a-408 (2), (3), and (4);]
[(c) shall require the applicant responding to the bid to disclose how the applicant will
meet performance standards in the request for proposal;]
[(d) may not require or restrict an applicant to a certain method of meeting the
performance standards; and]
[(e) (i) shall require an applicant to submit the bid based on full cost accounting in
accordance with generally accepted accounting principals; and]
[(ii) if the applicant is a governmental entity, in addition to the requirements of
Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and in
compliance with the State of Utah Legal Compliance Audit Guide.]
Section 3. Section 26-8a-405.3 is enacted to read:
26-8a-405.3. Use of competitive sealed proposals -- Procedure -- Appeal rights.
(1) (a) Competitive sealed proposals for paramedic or 911 ambulance services under
Section 26-8a-405.2 shall be solicited through a request for proposal and the provisions of this
section.
(b) The governing body of the political subdivision shall approve the request for proposal
prior to the notice of the request for proposals under Subsection (1)(c).
(c) Notice of the request for proposals must be published at least once a week for three

consecutive weeks in a newspaper of general circulation published in the county, or if there is no
such newspaper, then notice must be posted for at least 20 days in at least five public places in
the county.
(2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
offerors during the process of negotiations.
(b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
political subdivision must hold a presubmission conference with interested applicants for the
purpose of assuring full understanding of, and responsiveness to, solicitation requirements.
(ii) A political subdivision shall allow at least 90 days from the presubmission
conference for the proposers to submit proposals.
(c) Subsequent to the presubmission conference, the political subdivision may issue
addenda to the request for proposals. An addenda to a request for proposal must be finalized and
posted by the political subdivision at least 45 days prior to the date on which the proposal must
be submitted.
(d) Offerors to the request for proposals shall be accorded fair and equal treatment with
respect to any opportunity for discussion and revisions of proposals, and revisions may be
permitted after submission and before a contract is awarded for the purpose of obtaining best and
final offers.
(e) In conducting discussions, there shall be no disclosures of any information derived
from proposals submitted by competing offerors.
(3) (a) (i) A political subdivision may select an applicant approved by the department
under Section 26-8a-404 to provide 911 ambulance or paramedic services by contract to the most
responsible offeror as defined in Subsection 63-56-5 (24).
(ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
proposal is determined in writing to be the most advantageous to the political subdivision, taking
into consideration price and the evaluation factors set forth in the request for proposal.
(b) The applicants who are approved under Section 26-8a-405 and who are selected
under this section may be the political subdivision issuing the request for competitive sealed

proposals, or any other public entity or entities, any private person or entity, or any combination
thereof.
(c) A political subdivision may reject all of the competitive proposals.
(4) In seeking competitive sealed proposals and awarding contracts under this section, a
political subdivision:
(a) shall apply the public convenience and necessity factors listed in Subsections
26-8a-408 (2) through (6);
(b) shall require the applicant responding to the proposal to disclose how the applicant
will meet performance standards in the request for proposal;
(c) may not require or restrict an applicant to a certain method of meeting the
performance standards, including:
(i) requiring ambulance medical personnel to also be a firefighter; or
(ii) mandating that offerors use fire stations or dispatch services of the political
subdivision;
(d) (i) shall require an applicant to submit the proposal based on full cost accounting in
accordance with generally accepted accounting principals; and
(ii) if the applicant is a governmental entity, in addition to the requirements of
Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and in
compliance with the State of Utah Legal Compliance Audit Guide; and
(e) shall set forth in the request for proposal:
(i) the method for determining full cost accounting in accordance with generally accepted
accounting principles, and require an applicant to submit the proposal based on such full cost
accounting principles;
(ii) guidelines established to further competition and provider accountability; and
(iii) a list of the factors that will be considered by the political subdivision in the award
of the contract, including by percentage, the relative weight of the factors established under this
Subsection (4)(e), which may include such things as:
(A) response times;

(B) staging locations;
(C) experience;
(D) quality of care; and
(E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
(5) (a) Notwithstanding the provisions of Subsection 63-56-2 (3), the provisions of Title
63, Chapter 56, Part H, Legal and Contractual Remedies, apply to the procurement process
required by this section, except as provided in Subsection (5)(c).
(b) The Procurement Appeals Board created in Section 63-56-51 shall have jurisdiction
to review and determine an appeal of an offeror under this section in the same manner as
provided in Section 63-56-54 .
(c) (i) An offeror may appeal the solicitation or award as provided by the political
subdivision's procedures. After all political subdivision appeal rights are exhausted, the offeror
may appeal under the provisions of Subsections (5)(a) and (b).
(ii) The factual determination required by Subsection 63-56-57 (1) shall be based on
whether the solicitation or award was made in accordance with the procedures set forth in this
section and Section 26-8a-405.2 .
(d) The determination of an issue of fact by the appeals board shall be final and
conclusive unless arbitrary and capricious or clearly erroneous as provided in Section 63-56-57 .
Section 4. Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
date of veto override.
Section 5. Application of effective date.
The provisions of this bill apply to:
(1) a request for proposal issued by a political subdivision after the effective date of this
bill; and
(2) a request for proposal issued by a political subdivision prior to the effective date of

this bill if the political subdivision requesting the proposals has not contracted with a proposer
prior to the effective date of this bill.