HomeMy WebLinkAboutItem 09 City of Springfield Wellness Center Contract AGENDA ITEM SUMMARY Meeting Date: 3/20/2017
Meeting Type: Work Session/Reg. Mtg
Staff Contact/Dept.: Tom Mugleston Staff Phone No: 541-726-3724
Estimated Time: 30 Minutes/Consent Cal.
S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Provide Financially Responsible and
Innovative Government Services
ITEM TITLE: CITY OF SPRINGFIELD WELLNESS CENTER CONTRACT
ACTION REQUESTED:
Work Session: Introduction of the expanded wellness center services and tour of the newly remodeled wellness center facility. Regular Meeting: Authorize City Manager to sign an agreement with Willamette Community Health Solutions DBA Cascade Health Solutions in the amount not to
exceed $276,000 to provide primary and preventative medical services for the
City’s Wellness Center.
ISSUE
STATEMENT:
Human Resources is requesting approval of a contract with Cascade Health
Solutions to provide medical staffing and medical services for the City Wellness Center.
ATTACHMENTS: 1. Cascade Health Solutions Wellness Center Contract
DISCUSSION/ FINANCIAL IMPACT:
The City of Springfield has sponsored an employee wellness center staffed by a Registered Nurse (RN) since 2009 and a Family Nurse Practitioner (FNP) since
2014. Services include primary and preventative care medical services for employees, retirees and their dependents enrolled on our medical health plan.
Wellness center patient load has increased from 9 patients per week in January 2015 compared to 47 per week in January 2017. Extrapolated to a full year, this represents an estimated $351,000 worth of medical expenses at $142 per visit that
would have been spent in an urgent care or other community clinic. We anticipate a return of $75,000 in savings for our $276,000 investment assuming no change in future patient load.
Our FNP has done an admirable job in meeting patient demand, but has reached
capacity for a reasonable patient load. This contract adds the assistance of a
medical assistant who will relieve the administrative load so that our FNP can see additional patients in the newly remodeled wellness center.
Staff recommends that Council authorize the City Manager to sign the agreement with Willamette Community Health Solutions DBA Cascade Health Solutions to
provide primary and preventative medical services for the City’s Wellness Clinic.
CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
(Type 3: For Personal Services Contracts Requiring Professional Liability Insurance)
Contract #1839
Dated: April 1, 2017
Parties: The City of Springfield (“CITY”)
A municipal corporation in the State of Oregon
225 Fifth Street
Springfield, Oregon 97477
And
Willamette Community Health
dba Cascade Health
(“Independent Contractor”)
Additional Independent Contractor Information:
A. Type of Entity: Sole Proprietorship Partners Limited Liability Company Corporation B. Address: 2650 Suzanne Way, Suite 200 Eugene, OR 97408
C. Telephone: 541-228-3145 D. Fax No: 541-228-3185 E. SSN or Fed. I.D. No: On File
F. Professional License(s) No: Upon Request G. Oregon Agency Issuing License: State of OR – Oregon Board of Nursing, Oregon Health Authority – EMS and Trauma Systems
H. Foreign Contractor Yes No
(Foreign means not domiciled in or registered to do business in Oregon) See Exhibit B (11). CITY Account Number(s) To Be Charged (Include Percentages):
Account Number Percentage
707-21550-611008 100%
In consideration of the mutual covenants contained herein, the parties agree to the following terms, provisions and conditions:
1. Payment by CITY. CITY shall pay Independent Contractor according to the sum and schedule
described in Attachment 1 attached hereto and incorporated herein by this reference and in an amount not to exceed $276,000.
2. Invoice. Invoices to be sent to: Accounts Payable - City of Springfield, 225 5th Street, Springfield, OR
97477 or email to ap@springfield-or.gov. Services and Expenses described in Attachment 1 section 3 “Fee Schedule” shall be invoiced separately. Invoices will be paid on net 30 day terms upon City
acceptance of goods delivered, work or services performed. The invoices must reference this contract #1839 and approval code #211.
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3. Services to be Performed by Independent Contractor. Independent Contractor shall perform the services described on Attachment 1.
4. Term.
4.1. This Agreement is effective as of the date first set forth above and shall continue until September 20, 2018, unless earlier terminated in accordance with the provisions of this
Agreement or by mutual consent of the parties. 4.2. The Agreement may be amended to extend the term stated herein, for not more than two (2)
successive one-year periods, upon mutual agreement of the parties. 4.3. Any amendment to extend the term shall take into consideration the self-insured “plan year”
which runs January - December. Any rate or service changes will go into effect on January 1 of following renewal year. The rates for the October, November and December will remain
the same as the previous contract. 4.4. In negotiating any extension CITY shall consider the requirements or SMC Section 2.708(3)
and each extension shall not be effective until reviewed and approved by the Springfield Common Council.
5. Sourcing. Exempt profession pursuant to SMC 2.708(3)(e).
6. First Point of Contact.
Independent Contractor: Travis Brooke, 541.228.3145, tbrooke@cascadehealth.org CITY: Service Delivery - Laura Turner, 541-726-4661, ljturner@springfield-or.gov
Contract - DeeDee Thomas, 541.726.3788, dmthomas@springfield-or.gov
7. Independent Contractor Status. By its execution of this Agreement, Independent Contractor certifies its status as an “Independent Contractor” as that term is used under the laws of the State of
Oregon, and that all performance of any labor or services required to be performed by Independent Contractor under the terms of this Agreement shall be performed in accordance with the standards
set forth in ORS 670.600, and as more specifically set forth on Exhibit “A” attached hereto and incorporated herein by this reference.
8. Conformance with Oregon Public Contracts Law (ORS Chapter 279). Independent Contractor
shall comply with all applicable provisions of Oregon law for public contracts, including, but not limited to ORS 279B.110, ORS 279B.220, ORS 279B.225, ORS 279B.230, and ORS 279B.235, and as
more fully set forth on Exhibits “A” and “B” attached hereto and incorporated herein by this reference.
9. Work Performed. The work to be performed by Independent Contractor includes services generally performed by Independent Contractor in his/her/its usual line of business.
10. Tax duties and Liabilities. Independent Contractor shall be responsible for all federal, state and
local taxes, if any, applicable to any payments received pursuant to this Agreement, including but not limited to income tax, payroll tax, social security and self-employment tax. CITY shall not withhold,
pay, or in any other manner be responsible for payment of any taxes on behalf of Independent Contractor and as more specifically set forth in Exhibit “C” attached hereto and incorporated herein by
this reference.
11. Reimbursement of Expenses. Independent Contractor shall not be entitled to reimbursement by CITY for any expenses incurred by Independent Contractor unless otherwise agreed in writing.
12. Materials and Supplies. Independent Contractor shall supply all materials and supplies needed to
perform the services required unless otherwise agreed in writing.
13. No Authority To Bind CITY. Independent Contractor shall have no authority to enter into contracts on behalf of CITY, it’s officers, agents and employees. This Agreement shall not create a partnership
or joint venture of any sort between the parties.
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14. Federal Employment Status. In the event payment made pursuant to this Agreement is to be charged against federal funds, Independent Contractor hereby certifies that it is not currently
employed by the Federal Government and the amount charged does not exceed Independent Contractor’s normal charge for the type of services provided 15. Indemnification and Hold Harmless. The Independent Contractor shall assume all responsibilities
for the work, and bear all losses and damages directly or indirectly resulting to the Independent Contractor, the City, or to others on account of the character or performance of the work, unforeseen
difficulties, accidents, or any other cause whatsoever. The Independent Contractor shall assume defense of, indemnify and save harmless the City, its officials, agents, and employees from all claims,
liability, loss, damage and injury of every kind, nature and description, directly or indirectly resulting from activities in the performance of the Contract, the ownership, maintenance or use of motor
vehicles in connection therewith, or the acts, omissions, operations, or conduct of the Independent Contractor or any Subcontractor under the Contract or any way arising out of the Contract,
irrespective of whether any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, liability loss, damage or injury and irrespective of whether
act, omission, or conduct of the Independent Contractor or Subcontractor is merely a condition rather than a cause of a claim, liability, loss damage or injury. The Independent Contractor shall not be liable
for nor be required to defend or indemnify, the City relative to claims for damage or damages resulting solely from acts or omissions of the City, its officials, agents or employees. The absence of
or inadequacy of the liability insurance required in section 16 below shall not negate Independent Contractor’s obligations in this paragraph.
16. Insurance.
16.1. General Insurance. The Independent Contractor shall maintain in force for the duration of this agreement a Commercial General Liability insurance policy written on an occurrence
basis with limits not less than $2,000,000 per occurrence and $3,000,000 in the aggregate for bodily injury or property damage. The policy will contain a “per project” Aggregate
endorsement. Automobile Liability (owned, non-owned and hired) insurance with limits not less than $1,000,000 per occurrence shall be maintained. The City, its employees, officials
and agents will be named as an Additional Insured where operations are being conducted related to this contract, on the General Liability policy as respects to work or services
performed under this Agreement to the extent that the death or bodily injury to persons or damage to property arises out of the fault of the Independent Contractor or the fault of the
Independent Contractor’s agents, representatives or subcontractors. This insurance will be
primary over any insurance the City may carry on its own. Independent Contractor
understands that CITY is a public entity subject to the requirements of the Oregon
Governmental Tort Claims Act, ORS 30.260 et seq. In the event that CITY’S financial
obligations or liabilities are modified by any amendment to the liability limits imposed by the
Oregon Governmental Tort Claims Act, Independent Contractor agrees that the limits
regarding liability insurance set forth in this Section16.1 will be modified to conform to such
limits. Independent Contractor and CITY shall sign an amendment to this Agreement incorporating such modification. 16.2. Professional Liability. Independent Contractor shall maintain in force during the duration of this Agreement (and, if it is a claims made policy, for a year following completion of the
project) a professional liability policy with limits no less than $3,000,000, approved by the City’s Risk Manager as to terms, conditions and limits.
16.3. Medical Malpractice Insurance. Independent Contractor shall maintain in force during the duration of this Agreement a medical malpractice insurance policy as applicable for its
professional medical employees. 16.4. Workers’ Compensation. Independent Contractor shall provide and maintain workers’
compensation coverage with limits not less than $500,000 for its employees, officers, agents, or partners, as required by applicable workers’ compensation laws as defined in ORS
656.027 and ORS 701.035(5). If Independent Contractor is exempt from coverage, a written
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statement signed by Independent Contractor so stating the reason for exemption shall be provided to the City.
16.5. Evidence of Insurance Coverage. Evidence of the required insurance coverages issued by an insurance company satisfactory to the City shall be provided to the City by way of a City
approved certificate of insurance before any work or services commence. 16.6. Notice of Cancellation or Material Change in Coverage. The certificate of insurance shall
contain a requirement that the Insurance company notify the City 30 days prior to any cancellation or material change in coverage. If the approved insurance company will not
provide this 30 day notice, the Independent Contractor shall provide written notice to the City contract manager within 2 calendar days after the Independent Contractor becomes aware
that their coverage has been canceled or has been materially changed. The Independent Contractor shall either fax 541-726-3782 said notice or email it directly to Bob Duey
(rduey@springfield-or.gov), Finance Director at the City. Regardless of what circumstances caused Independent Contractors insurance coverage to cease or be modified, it is the
Independent Contractor’s responsibility to notify the City. Failure to maintain proper insurance or provide notice of cancellation or modification shall be grounds for immediate
termination of this contract.________(Independent Contractor initials) 16.7. Equipment and Material. The Independent Contractor shall be responsible for any loss,
damage, or destruction of its own property, equipment, and materials used in conjunction with the work.
16.8. Subcontractors. The Independent Contractor shall require all subcontractors to provide and maintain general liability, auto liability, professional liability (as applicable), medical
malpractice and workers’ compensation insurance with coverage’s equivalent to those required of the general contractor in this contract. The Independent Contractor shall require
certificates of insurance from all subcontractors as evidence of coverage. 16.9. Exception or Waivers. Any exception or waiver of these requirements shall be subject to
review and approval from the City’s Risk Manager.
17. Termination. The performance of work under this Agreement may be terminated by CITY, in whole or in part, whenever for any reason CITY shall determine that such termination is in the best interest
of CITY. Any such termination shall be effected by delivery to the Independent Contractor of a Notice of Termination specifying the extent to which performance of the work under the Agreement is
terminated and the date on which such termination is effective. Upon delivery to the Independent Contractor of a Notice of Termination under this paragraph, the Independent Contractor and CITY
shall, by agreement, make an appropriate written modification to this Agreement governing completion of portions of the Independent Contractor’s work and payment therefore by CITY.
18. Rights In Data. All original written material, including programs, card decks, tapes, listings, and
other documentation originated and prepared for CITY pursuant to this Agreement, shall become exclusively the property of CITY. The ideas, concepts, know-how, or techniques developed during
the course of this Agreement by Independent Contractor personnel can be used by either party in any way it may deem appropriate. Material already in Independent Contractor’s possession,
independently developed by Independent Contractor outside the scope of this Agreement, or rightfully obtained by Independent Contractor from third parties, shall belong to Independent Contractor. This
agreement shall not preclude Independent Contractor from developing materials which are competitive, irrespective of their similarity to materials which might be delivered to CITY pursuant to
this Agreement. Independent Contractor shall not, however, use any written materials developed under this Agreement in developing materials for others, except as provided in this section.
19. Confidentiality. During the course of performance hereunder, Independent Contractor or its agent,
employees, or contractors, may receive confidential information. Independent Contractor agrees to use its best efforts to maintain the confidentiality of such information and to inform each agent and
employee performing services of the confidentiality obligation that pertains to such information and as more specifically set forth in Exhibit’s “D” and “E” attached hereto and incorporated herein by this
reference.
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20. Assignment/Subcontract. Independent Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this agreement, in whole or in part, without the prior
written approval of CITY. No such written approval shall relieve Independent Contractor of any obligations of this Agreement, and any transferee or subcontractor shall be considered the agent of
Independent Contractor. Independent Contractor shall remain liable as between the original parties to this Agreement as if no such assignment had occurred.
21. Successors In Interest. The provisions of this Agreement shall be binding upon and shall inure to
the benefit of the parties to this Agreement and their respective successors and assigns. 22. Compliance With All Government Regulations. Independent Contractor shall comply with all Federal, State and local laws, codes, regulations and ordinances applicable to the work performed
under this Agreement. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for termination of this Agreement. Damages or costs resulting from
noncompliance shall be the sole responsibility of Independent Contractor.
23. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any provision of this Agreement, Independent Contractor shall pay such additional sums as the Court may
adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any appeal.
24. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party’s reasonable control. CITY may
terminate this Agreement upon written notice after determining such delay or default will unreasonably prevent successful performance of the Agreement.
25. Assistance Regarding Patent And Copyright Infringement. In the event of any claim or suit
against CITY on account of any alleged patent or copyright infringement arising out of the performance of this Agreement or out of the use of any material furnished or work or services
performed hereunder, Independent Contractor shall defend CITY against any such suit or claim and hold CITY harmless from any and all expenses, court costs, and attorney’s fees in connection with
such claim or suit.
26. Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and
obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid.
27. Access To Records. CITY and its duly authorized representatives shall have access to books,
documents, papers and records of Independent Contractor which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. CITY will not have
access to any patient records or employee medical files per Health Insurance Portability and Accountability Act (HIPPA) of 1996, Public Law 191-104, as it may be amended from time to time,
and all regulations applicable thereto. Independent Contractor will assist patient with sharing their personal health care records with other health care professionals in perpetuity.
28. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver or
relinquishment by CITY of the right to such performance in the future nor of the right to enforce any other provision of this Agreement.
29. Non Appropriation. The obligation of the City to make payments beyond June 30, 2017 is subject to
annual appropriation. To the extent that funds are appropriated to make those payments for a given fiscal year, the full faith and credit of the City is pledged to the payments for such fiscal year. The
obligation of the City to make those payments is not secured by the unlimited taxing power of the City and is not a general obligation of the City. The City's obligation to make those payments in any year
is subject to future appropriation of funds by the City Council for the fiscal year in which the payment
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is due. In the event that funds are not so appropriated, payments will not be made. The failure to make a payment due to non-appropriation shall not constitute a default under this Agreement.
30. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or
amended in any manner whatsoever, without prior written approval of CITY, No modification of this Agreement shall bind either party unless reduced to writing and subscribed by both parties, or
ordered by a Court.
31. Nondiscrimination. Independent Contractor shall comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations.
32. Dual Payment. Independent Contractor shall not be compensated for work performed under this
contract from any CITY agency other than the agency which is a party to this contract.
33. Choice of Law, Forum, Construction of Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Oregon, apart from choice of law
provisions. The parties agree that the Circuit Court for the County of Lane, State of Oregon, or the Federal District Court of the State of Oregon (Eugene) is the sole and proper forum for resolving any
disputes involving this Agreement, any breach of this Agreement, or relating to its subject matter. The Parties agree to submit themselves to the jurisdiction of such courts without challenge to
the jurisdiction of these courts. This Agreement shall not be construed more favorably to CITY due to the preparation of this Agreement by CITY. The headings and subheadings in this Agreement are for
convenience, do not form a part of this Agreement, and shall not be used in construing this Agreement.
34. Entire Agreement. This Agreement signed by both parties is the parties’ final and entire Agreement
and supersedes all prior and contemporaneous oral or written communications between the parties, their agents and representatives. There are no representations, promises, terms, conditions or
obligations other than those contained herein.
IN WITNESS WHEREOF the parties have executed this Agreement to be effective the date first set forth above.
CITY OF SPRINGFIELD: INDEPENDENT CONTRACTOR By: By:
Name: Name:
Title: Title:
Date: Date:
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EXHIBIT “A”
INDEPENDENT CONTRACTOR STATUS
Independent contractor states and represents that contractor is an independent contractor as that
term is defined in Oregon Revised Statute 670.600 and more specifically represents, states and
agrees that in providing the services and scope of work specified in this contract:
1. Independent contractor provides services for remuneration; and
2. Independent contractor is free from direction and control over the means and
manner of providing the services and scope of work subject only to the right of City
to specify the desired results; and
3. Independent contractor is customarily engaged in an independently established
business; and
4. Independent contractor is licensed within the state of Oregon to provide any services
for which a license is required under ORS Chapter 671 or 701 and is responsible for
obtaining other licenses or certificates necessary to provide the service or scope of
work; and
5. Independent contractor complies with at least five of the following requirements:
(a) A business location is maintained that is separate from the business or work location of City; or is in a portion of the independent contractor’s residence and that
portion is used primarily for the business.
(b) The independent contractor bears the risk of loss related to the provision of
services or scope of work such as entering into a fixed price contract, defective work
is required to be corrected, the services provided are warranted or indemnification agreements, liability insurance and performance bonds and errors and omissions
insurance are provided.
(c) Contracted services for two or more different persons or entities within a
twelve month period have been obtained, or routinely engaged in business
advertising, solicitation, or other marketing efforts reasonably calculated to obtain new contracts to provide similar services.
(d) Significant investment in the business has been made such as purchasing tools or equipment, paying for premises or facilities where services are provided,
paying for licenses, certificates or specialized training.
(e) Possesses authority to hire other persons to assist in providing their services
and has the authority to fire those persons.
6. Independent contractor will immediately inform City in the event that it fails to
conduct its services in one or more particulars as represented in 1 through 5 above.
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EXHIBIT “B”
City of Springfield Public Contracts Conformance with Oregon Public Contractors Laws Pursuant to Oregon law, every public contract shall contain the following conditions: 1) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. ORS 279B.220(1) 2) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. ORS 279B.220(2). 3) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. ORS 279B.220(3). 4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279B.220(4). 5) If the agreement is for lawn and landscape maintenance, it shall contain a condition requiring the contractor to salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost-effective. ORS 279B.225.
6) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply with ORS 656.017. ORS 279B.230. 7) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279A.055, the employee shall be paid at least time and a half pay:
a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days; or b) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020.
An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279B.235(1)-(2).
8) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279B.235(3). 9) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(B)-(G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. Employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number hours per day and days per week that the employees may be required to work. ORS 279B.235(5).
If this agreement is for a public improvement, the contract shall contain the following conditions: 10) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. ORS 279C.505(1)(a). 11) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. ORS 279C.505(1)(b). 12) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. ORS 279C.505(1)(c). 13) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279C.505(1)(d). 14) The contractor shall demonstrate that an employee drug testing program is in place. ORS 279C.505(2).
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15) If the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or subcontractor by any person in connection with the public improvement contract as the claim becomes due, the proper officer or officers representing the state or a county, school district, municipality, municipal corporation or subdivision thereof, as the case may be, may pay such claim to the person furnishing labor or services and charge the amount of the payment against the funds due or to become due the contract by reason of the contract. If the contractor or first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4) and is subject to a good faith dispute as defined in ORS 279C.580. If the contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the
Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. ORS 279C.515. 16) The payment of a claim does not relieve the contactor or the contractor’s surety from obligation with respect to any unpaid claims. ORS 279C.515(4).
17) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279C.100, the employee shall be paid at least time and a half pay: a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive
days; or, b) For all overtime in excess of 10 hours in anyone day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and, c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020. ORS 279C.520(1).
An employer shall give notice in writing to employees who work on a public contract either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279B.520(2). 18) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half
for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279C.520(3). 19) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540(1)(b)(B)-(G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. An employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279C.520(5) 20) ENVIRONMENTAL MATTERS: In compliance with ORS 279C.525, the Contractor is made aware that the following federal, state, and local agencies have enacted ordinances or regulations relating to the prevention of environmental pollution or the preservation of natural resources which may affect performance of SUB contracts. This is not intended to be a complete listing of agencies. Other agencies may have enacted ordinances or regulations that may apply. If the Contractor is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not
cited in the Contract or due to enactment of new or the amendment of existing statutes, ordinances, rules or regulations relating to the prevention of natural resources occurring after the submission of the successful quote, the contracting agency may, at its discretion, terminate the Contract, complete the work itself; use non-agency forces already under contract with the City, require that the underlying property owner be responsible for cleanup, solicit quotes for a new contractor to provide the necessary services or issue the Contractor a change order setting forth the additional work that must be undertaken. If the Contractor encounters a condition not referred to in the Invitation to Bid documents, not caused by the Contractor or any subcontractor employed on the project and not discoverable pre-bid visual site inspection, and the condition requires compliance with the ordinances, rules or regulations referred to under this regulation, the contractor shall immediately notify SUB of the condition. FEDERAL AGENCIES Department of Agriculture Fish and Wildlife Services Forest Service Office of Surface Mining
Soil Conservation Service Reclamation and Enforcement Department of the Army Corps of Engineers Bureau of Reclamation Coast Guard Department of Labor Department of Health and Human Services Occupational Safety and Health Administration Department of the Interior Mine Safety and Health Administration Bureau of Indian Affairs Department of Transportation Bureau of Land Management Federal Highway Administration Bureau of Outdoor Recreation Environmental Protection Agency Department of Commerce STATE AGENCIES Department of Agriculture Department of Human Services Department of Energy Land Conservation and Development Commission Department of Environmental Quality Division of State Lands
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Department of Fish and Wildlife State Soil and Water Conservation Commission Department of Forestry Water Resources Department Department of Geology and Minerals Oregon Department of Transportation LOCAL AGENCIES Common Council, City of Springfield Planning Commission, City of Springfield Environmental Services, City of Springfield Development Services Department, City of Springfield Board of Commissioners, Lane County Planning Commission, Lane County Lane Regional Air Protection Agency Springfield Utility Board Willamalane Park & Recreation District Springfield Downtown & Glenwood Urban Renewal Districts
Rainbow Water District 21) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of
employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply with ORS 656.017. ORS 279C.530. 22) A contract for public works shall contain a provision stating the existing state prevailing rate and wage and, if applicable, the federal prevailing rate of wage required. Every contract and subcontract shall contain a provision that workers shall be paid not less than the
specified minimum hourly rate of wage in accordance with ORS 279C.838. ORS 279C.830(1). If this agreement is for demolition, the contract shall also contain the following conditions:
23) Contractor must salvage or recycle construction and demolition debris, if feasible and cost-effective. ORS 279C.510(1)
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EXHIBIT C OREGON TAX LAWS COMPLIANCE AND CERTIFICATION
A. Contractor's Compliance with Tax Laws.
1. Contractor must, throughout the duration of this Contract and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of this state. For the purposes of this Section, 'tax laws" includes all the provisions described in Subsection B. 3. (i) through (iv) of this Contract.
2. Any violation of Subsection 1 of this Section A shall constitute a material breach of this Contract. Further, any violation of Contractor's warranty, in Subsection B.3. of this Contract, that Contractor has complied
with the tax laws of this state and the applicable tax laws of any political subdivision of this state also shall
constitute a material breach of this Contract. Any violation shall entitle City to terminate this Contract, to pursue and recover any and all damages that arise from the breach and the termination of this Contract, and to pursue any or all
of the remedies available under this Contract, at law, or in equity, including but not limited to: a. Termination of this Contract, in whole or in part;
b. Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor, in an amount equal to State's setoff right, without penalty; and
c. Initiation of an action or proceeding for damages, specific performance, declaratory or
injunctive relief. City shall be entitled to recover any and all damages suffered as the result of Contractor's breach of this Contract, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and
costs incurred in securing [replacement Services/replacement Goods/ a replacement contractor]. These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever.
B. Contractor's Representations and Warranties.
Contractor represents and warrants to City that:
1. Contractor (to the best of Contractor's knowledge, after due inquiry), for a period of no fewer than
six calendar years preceding the [date of Closing of {bids/proposals}for/effective date of] this Contract, faithfully has complied with:
(i) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters
316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor's property, operations, receipts, or income, or to Contractor's performance of or
compensation for any work performed by Contractor;
(iii) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and
(iv) Any rules, regulations, charter provisions, or ordinances that implemented or enforced
any of the foregoing tax laws or provisions.
Any [Goods/Items/Equipment/Components/Hardware/Software/Intellectual Property Rights, etc.] [delivered to/granted to] City under this Contract, and Contractor's Services rendered in the performance of Contractor's
obligations under this Contract, shall be provided to City free and clear of any and all restrictions on or conditions of use, transfer, modification, or assignment, and shall be free and clear of any and all liens, claims, mortgages,
security interests, liabilities, charges, and encumbrances of any kind.
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EXHIBIT “D”
Protected Information
1. “Protected Information” shall be defined as data or information that has been designated as private or confidential by law or by the City. Protected Information includes, but is not limited to, employment records,
medical records, personal financial records (or other personally identifiable information), trade secrets, and classified government information. To the extent there is any uncertainty as to whether any data constitutes
Protected Information, the data in question shall be treated as Protected Information until a determination is made by the City or proper legal authority.
2. Data Confidentiality. Independent Contractor shall implement appropriate measures designed to ensure the
confidentiality and security of Protected Information, protect against any anticipated hazards or threats to the integrity or security of such information, protect against unauthorized access or disclosure of information, and
prevent any other action of unauthorized disclosure that could result in substantial harm to the City or an individual identified with the data or information in Independent Contractor’s custody or access.
To the extent that Independent Contractor may have access to City protected health information (as the same is
defined in the privacy regulations promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended, and the implementing regulations known and referred to as Privacy Rule,
Security Rule, Enforcement Rule and Breach Notification Rule, referred to herein collectively as “HIPAA”), Independent Contractor agrees to protect such information in compliance with HIPAA and represents that it
has the processes, systems and training to assure compliance with the same. 3. Data and Network Security. Independent Contractor agrees at all times to maintain commercially reasonable network security that, at a minimum, includes: network firewall provisioning, intrusion
detection/prevention and periodic third party penetration testing. Likewise Independent Contractor agrees to maintain network security that at a minimum conforms to current standards set forth and maintained by the
National Institute of Standards and Technology, including those at: http://checklists.nist.gov/repository. Independent Contractor agrees to protect and maintain the security of data with protection security measures
that include maintaining secure environments that are patched and up to date with all appropriate security updates as designated by a relevant authority.
4. Security Breach. In the unlikely event of a security breach or issue, Independent Contractor will notify the
appropriate City contact no later than one hour after they are aware of the breach. Independent Contractor will be responsible for all remedial action necessary to correct the breach; provided however, that Independent
Contractor will not undertake ligation on behalf of the City without prior written consent.
5. Data Storage and Backup. Independent Contractor agrees that any and all City data will be stored, processed, and maintained solely on designated servers and that no City data at any time will be processed on or
transferred to any portable or laptop computing device or any portable storage medium, unless that storage medium is in use as part of the Independent Contractor's designated backup and recovery processes. All
servers, storage, backups, and network paths utilized in the delivery of the service shall be contained within the states, districts, and territories of the United States unless specifically agreed to in writing by an City officer
with designated data, security, or signature authority. An appropriate officer with the necessary authority can be identified by the City Information Security Officer for any general or specific case.
Independent Contractor agrees to store all City backup data stored as part of its backup and recovery processes
in encrypted form, using no less than AES 256.
6. Data Re-Use. Independent Contractor agrees that any and all data exchanged shall be used expressly and solely for the purposes enumerated in the Agreement. Data shall not be distributed, repurposed or shared
across other applications, environments, or business units of Independent Contractor. Independent Contractor
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further agrees that no City data of any kind shall be revealed, transmitted, exchanged or otherwise passed to
other Independent Contractor or interested parties except on a case-by-case basis as specifically agreed to in
writing by a City officer with designated data, security, or signature authority. 7. PCI Compliance. Independent Contractor agrees to comply with PCI DSS (Payment Card Industry Data
Security Standard). As evidence of compliance, Independent Contractor shall provide upon request a current attestation of compliance signed by a PCI QSA (Qualified Security Assessor). 8. End of Agreement Data Handling. Independent Contractor agrees that upon termination of this Agreement it shall erase, destroy, and render unreadable all City data in its entirety in a manner that prevents its physical reconstruction through the use of commonly available file restoration utilities, and certify in writing
that these actions have been completed within 30 days of the termination of this Agreement or within 7 days of the request of an agent of City whichever shall come first. 9. Mandatory Disclosure of Protected Information. If Independent Contractor becomes compelled by law or regulation (including securities' laws) to disclose any Protected Information, Independent Contractor will provide City with prompt written notice so that City may seek an appropriate protective order or other remedy.
If a remedy acceptable to City is not obtained by the date that Independent Contractor must comply with the request, Independent Contractor will furnish only that portion of the Protected Information that it is legally required to furnish, and the Independent Contractor shall require any recipient of the Protected Information to
exercise commercially reasonable efforts to keep the Protected Information confidential. 10. Remedies for Disclosure of Confidential Information. Independent Contractor and City acknowledge that
unauthorized disclosure or use of the Protected Information may irreparably damage City in such a way that adequate compensation could not be obtained from damages in an action at law. Accordingly, the actual or threatened unauthorized disclosure or use of any Protected Information shall give City the right to seek injunctive relief restraining such unauthorized disclosure or use, in addition to any other remedy otherwise
available (including reasonable attorneys' fees). Independent Contractor hereby waives the posting of a bond with respect to any action for injunctive relief. Independent Contractor further grants City the right, but not
the obligation, to enforce these provisions in Independent Contractor's name against any of Independent Contractor's employees, officers, board members, owners, representatives, agents, contractors, and subcontractors violating the above provisions.
11. Non-Disclosure. Independent Contractor is permitted to disclose Confidential Information to its employees, authorized subcontractors, agents, consultants and auditors on a need to know basis only, provided that all
such subcontractors, agents, consultants and auditors have written confidentiality obligations to both Independent Contractor and City. 12. Criminal Background Check. City shall perform criminal background checks on all talent assigned to this
project before a person is allowed to work on any of the City’s Criminal Justice Information System (CJIS) protected data, software systems or facilities.
13. Survival. The confidentiality obligations shall survive termination of any agreement with Independent
Contractor for a period of ten (10) years or for so long as the information remains confidential, whichever is longer and will inure to the benefit of City.
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EXHIBIT E City of Springfield Business Associate Agreement
Between - City of Springfield and INDEPENDENT CONTRACTOR
This Business Associate Agreement (“Agreement”) between City of Springfield (Springfield) and
INDEPENDENT CONTRACTOR is executed to ensure that INDEPENDENT CONTRACTOR will appropriately safeguard
protected health information (“PHI”) that is created, received, maintained, or transmitted on behalf of Springfield
in compliance with the applicable provisions of Public Law 104-191 of August 21, 1996, known as the Health
Insurance Portability and Accountability Act of 1996, Subtitle F – Administrative Simplification, Sections 261, et
seq., as amended ("HIPAA"), and with Public Law 111-5 of February 17, 2009, known as the American Recovery and
Reinvestment Act of 2009, Title XII, Subtitle D – Privacy, Sections 13400, et seq., the Health Information
Technology and Clinical Health Act, as amended (the “HITECH Act”).
A. General Provisions
1. Meaning of Terms. The terms used in this Agreement shall have the same meaning as those terms
defined in HIPAA.
2. Regulatory References. Any reference in this Agreement to a regulatory section means the section
currently in effect or as amended.
3. Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with
HIPAA.
B. Obligations of Business Associate
INDEPENDENT CONTRACTOR agrees that it will:
1. Not use or further disclose PHI other than as permitted or required by this Agreement or as required
by law;
2. Use appropriate safeguards and comply, where applicable, with Subpart C of 45 CFR Part 164 to
prevent use or disclosure of PHI other than as provided for by this Agreement;
3. Report to Springfield any use or disclosure of PHI not provided for by this Agreement of which it
becomes aware, including any security incident (as defined in 45 CFR 164.304) and any breaches of
unsecured PHI as required by 45 CFR §164.410. Breaches of unsecured PHI shall be reported to
Springfield without unreasonable delay but in no case later than 60 days after discovery of the
breach;
4. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any subcontractors that
create, receive, maintain, or transmit PHI on behalf of INDEPENDENT CONTRACTOR agree to the
same restrictions, conditions, and requirements that apply to INDEPENDENT CONTRACTOR with
respect to such information;
5. Make available PHI in a designated record set to Springfield as necessary to satisfy Springfield’s
obligation under 45 CFR 164.524 in no more than 30 days of a request;
6. Make any amendment(s) to PHI in a designated record set as directed by Springfield, or take other
measures necessary to satisfy Springfield’s obligations under 45 CFR §164.526 in no more than 30
days of a request;
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7. Maintain and make available information required to provide an accounting of disclosures to
Springfield or an individual who has a right to an accounting within 60 days and as necessary to
satisfy Springfield’s obligations under 45 CFR §164.528;
8. To the extent that INDEPENDENT CONTRACTOR is to carry out any of Springfield’s obligations under
Subpart E of 45 CFR Part 164, INDEPENDENT CONTRACTOR shall comply with the requirements of
Subpart E of 45 CFR Part 164 that apply to Springfield when it carries out that obligation;
9. Make its internal practices, books, and records available to the Secretary of the Department of Health and
Human Services for purposes of determining compliance with the HIPAA rules;
10. Springfield shall notify INDEPENDENT CONTRACTOR of any restriction on the use or disclosure of PHI
that Springfield has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such
restriction may affect INDEPENDENT CONTRACTOR’s use or disclosure of PHI; and
11. If Springfield is subject to the Red Flags Rule (found at 16 CFR §681.1 et seq.), INDEPENDENT
CONTRACTOR agrees to assist Springfield in complying with its Red Flags Rule obligations by: (a)
implementing policies and procedures to detect relevant Red Flags (as defined under 16 C.F.R.
§681.2); (b) taking all steps necessary to comply with the policies and procedures of Springfield’s
Identity Theft Prevention Program; (c) ensuring that any agent or third party who performs services
on its behalf in connection with covered accounts of Springfield agrees to implement reasonable
policies and procedures designed to detect, prevent, and mitigate the risk of identity theft; and (d)
alerting Springfield of any red flag incident (as defined by the Red Flag Rules) of which it becomes
aware, the steps it has taken to mitigate any potential harm that may have occurred, and provide a
report to Springfield of any threat of identity theft as a result of the incident.
12. If INDEPENDENT CONTRACTOR is part of a larger organization, INDEPENDENT CONTRACTOR will
implement policies and procedures to protect PHI from unauthorized access by the larger
organization.
C. Permitted Uses and Disclosures by Business Associate
The specific uses and disclosures of PHI that may be made by INDEPENDENT CONTRACTOR on behalf of
Springfield are limited to:
1. The review of patient care information in the course of INDEPENDENT CONTRACTOR conducting risk
and compliance assessment activities, or providing Springfield with a Control Activity Gap Analysis, or
the review of PHI and other information necessary to assist Springfield in developing its HIPAA
compliance program; and
2. Other uses or disclosures of PHI as permitted by the HIPAA rules as necessary to perform the services
set forth in the Service Agreement.
3. Uses or disclosers of protected health information as required by law
D. Termination
1. Springfield may terminate this Agreement if Springfield determines that INDEPENDENT CONTRACTOR
has violated a material term of the Agreement.
2. If either party knows of a pattern of activity or practice of the other party that constitutes a material
breach or violation of the other party’s obligations under this Agreement, that party shall take
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reasonable steps to cure the breach or end the violation, as applicable, and, if such steps are
unsuccessful, terminate the Agreement, if feasible.
3. Upon termination of this Agreement for any reason, INDEPENDENT CONTRACTOR shall return to
Springfield or destroy all PHI received from Springfield, or created, maintained, or received by
INDEPENDENT CONTRACTOR on behalf of Springfield that INDEPENDENT CONTRACTOR still maintains
in any form. INDEPENDENT CONTRACTOR shall retain no copies of the PHI. If return or destruction is
infeasible, the protections of this Agreement will extend to such PHI.
4. The obligations under this Section “D” are perpetual and shall survive termination of this agreement.
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ATTACHMENT 1
STATEMENT OF WORK
1. DESIRED OUTCOMES OR PURPOSE
a. City wishes to furnish to its employees certain preventative, disease management,
health consultation, and/or primary care services.
b. The City desires to retain Cascade Health to furnish such preventative, wellness disease
management, health consultation, and/or primary care services;
2. DEFINITIONS
a. "Care Provider" means a staff member or independent contractor of Cascade Health
who provides care or consultation services directly to patients
b. "Collaborating Physician" means an appropriately licensed physician who has a
collaborative relationship with a nurse practitioner or physician's assistant as required
under the laws of the state in which such nurse practitioner or physician's assistant is
providing services.
c. "Covered Services" means the services agreed upon between the City and Cascade
Health that are provided through the City Wellness Center.
d. "Wellness Center" means the City medical facility located at 225 5th Street, Suite 518,
Springfield, Oregon 97477.
e. "Participant" means an individual eligible to participate in the covered services as
determined by the eligibility criteria of the City of Springfield's health plan or as
otherwise determined by the City.
3. FEE SCHEDULE
a. Annual Administration Service Fee - Not to exceed $256,000
i. One-twelfth (1/12) of this fee ($21,333) will be paid at beginning of each month
of service. A with a narrative of this fee will be included in the discrete invoice
for this service.
ii. This fee covers all “Wellness Center Staffing” identified in section 4 and all
“Covered Services” identified in sections 5 and 6 below.
iii. This fee does not include any costs associated with outfitting the wellness
center with equipment and furniture to be used in patient care, inclusive of yet
not limited to exam tables, medical instruments, computer systems, office
supplies and laboratory equipment. These items will be purchased, maintained
and owned by Cascade Health. These are items not described in 3(b)(i) below.
b. Reimbursable Lab and Medical Supplies – Not to exceed $20,000
i. This fee covers all medical, lab and other “claim” costs related to the direct
treatment of patients. Inclusive of yet not limited to tongue depressors, swabs,
vaccinations, cholesterol tests, rapid strep tests, gauze and other labs and
medical supplies necessary to provide patient care. These are items not
described in 3(a)(iii) above.
ii. Lab and medical supplies will be invoiced monthly at pass through cost with no
mark-up. The invoice for lab and medical supplies will include a description of
the items, quantity and cost.
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iii. Reimbursable Lab and Medical Supplies will be billed in a discrete monthly
invoice.
c. Optional services
i. All optional services must be pre-approved in writing by the City. An written
and executed amendment to the contract will be required prior to the services
being rendered.
ii. Optional services will be billed in a discrete invoice the month following as they
occur.
iii. Optional services will be billed at cost with no mark-up with the exception of
professional services which will be billed at the rates below.
Professional Services
Nurse Practitioner (NP) $90 per hour
Registered Nurse (RN) $72 per hour
Licensed Practical Nurse (LPN) $52 per hour
Medical Office Assistant $44 per hour
4. WELLNESS CENTER STAFFING AND HOURS OF OPERATION
a. Location
i. The services provided under this Agreement will be provided at 225 5th Street,
Suite 518; Springfield, Oregon 97477.
b. Hours of operation
i. Cascade Health will provide regular patient care hours of not less than 32 hours
per week at a schedule to be mutually agreed upon between the City and
Cascade Health.
ii. Notwithstanding the hours of operation described above, the wellness center
shall be closed during all holidays during which the City of Springfield offices are
closed.
c. Staffing
i. Wellness Center Staffing will include one (1) mid-level practitioner (nurse
practitioner or physician’s assistant) working no less than 32 hours per week on
site and one (1) medical assistant working no less than 32 hours per week on
site. Each mid-level practitioner will have access to a collaborating physician
who provides medical supervision, consultation, chart review, and quality
assurance activities as needed.
ii. All work under this contract (SOW) shall be performed in a skillful and
workmanlike manner. The City Manager or his or her designee, may require, in
writing, that the Independent Contractor remove from the work any employee
the City deems incompetent, careless, or otherwise objectionable. The
replacement employee must have demonstrated similar qualifications and
experience as required to successfully perform such duties.
iii. All direct patient health care staff must carry requisite OR State licensing and be
in good standing with Oregon State Board of Nursing.
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iv. Wellness center staff will follow the requirements in Oregon Administrative
Rules Nurse Practitioner Scope of Practice for Family Nurse Practitioner (OAR
851-050-0005).
d. Substitute Staffing
i. In the event of an unexpected clinician absence, the wellness center shall
remain open for services to be continued, to the extent possible, by the other
regular wellness center staff member(s). Up to five (5) days of such absences
that result in no primary care services being provided shall be allowed per year.
Cascade Health will arrange for fill-in staffing for scheduled absences.
ii. Cascade Health Solutions will provide backup staff to cover absences by the
contracted staff and will notify the City at 541-726-3705 whenever back up staff
is utilized.
iii. In the event that the absences exceed five (5) days annually Cascade Health
shall credit $90 per hour in the following invoice.
5. COVERED SERVICES
a. Cascade Health will provide the City with the covered services described in section 6
below “Description of Covered Services”. Services that do not clearly fall within the
description below shall be outside the scope of this Agreement, and City and Cascade
Health shall instruct Participants to seek outside assistance for such matters with an
alternate healthcare provider. Cascade Health may provide some of the Cascade
Health’s Services by engaging the services of third party contractors, particularly for
professional medical services.
b. The programs and services provided under this Agreement are not designed or intended
to be provided under any City employee benefit plan or program. Accordingly, neither
Cascade Health, nor any of the third party contractors it may engage, is a fiduciary,
trustee, or sponsor with respect to these programs or services. In the event the
programs and services become part of a City employee benefit plan or program,
Cascade Health, and each of the third party contractors it may engage, shall be
considered to be acting only as a consultant to City with respect to such matters and
shall not be considered in a fiduciary, trustee or sponsor relationship in such plan.
6. DESCRIPTION OF COVERED SERVICES
a. Primary care
i. Episodic Care
1. Assessment and treatment of medical conditions that are episodic in
nature and short in duration. Examples include, but are not limited to,
upper respiratory infections, rashes, infections, and first treatment of
minor injuries.
ii. Management of Chronic Conditions
1. Management of chronic conditions as needed. Examples include, but
are not limited to, hypertension, hypothyroidism, allergic rhinitis,
hypercholesterolemia and diabetes.
2. For those individuals with an existing primary care provider and/or
specialist with whom they work, and in particular for those individuals
who have multiple complicated medical conditions requiring specialty
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care and/or significant oversight, the Cascade Health clinician will work
in collaboration with said provider(s).
iii. Management of acute or complicated conditions
1. For those patients with no designated primary care, or lacking access to
established primary care, there may be times that complicated and/or
time-sensitive problems arise requiring testing (including tests requiring
prior authorization with insurance), and/or referrals to specialists. The
clinician will work with the patient to obtain and interpret emergent
tests and to authorize and arrange referrals to appropriate specialists
and/or to Internal Medicine for ongoing management.
iv. Routine annual exams and screenings
1. Annual men’s health exams – Includes a complete physical exam and
age-appropriate routine labs and vaccines.
2. Annual women’s health exams - Includes a complete physical exam,
age-appropriate routine labs and vaccines, pelvic exam and pap smear,
HPV testing, pregnancy tests and testing for STIs when requested or
indicated.
v. Travel Medicine
1. Consultation with clinician to receive guidance on recommended
immunizations, medications, and travel precautions and/or medicine.
b. Pediatric Care
i. Episodic care of minor acute illnesses such as ear infections, upper respiratory
infections, rashes, diarrhea, nausea and vomiting.
ii. Well child care for children ages four (4) and older to include school physicals,
sports physicals, health coaching, chronic condition coaching, and
administration of certain immunizations.
c. Supplemental Primary Care Services
i. Lab draws
1. Certain Clinical Laboratory Improvement Amendments of 1988 (CLIA)-
waived lab tests will be done on site, including Rapid Strep, Urinalysis,
pregnancy test, and blood glucose level. Other labs such as wound
culture, urine culture, throat culture may be obtained in-house and sent
to the lab for diagnostic and monitoring purposes at the
recommendation of the onsite clinician.
2. Other lab test will be ordered by the onsite clinician, but taken and
analyzed at and by the lab.
ii. Immunizations
1. Immunizations, including Hepatitis A, Hepatitis B, tetanus, flu, and
pneumonia will be available at the wellness center by regularly
scheduled staff by appointment.
2. Tb tests will be administered and read by clinicians in office.
3. Some travel immunizations will be available by appointment.
4. Flu-shots given outside of regular office hours will be provided through
the wellness center in accordance to a schedule and manner agreed
upon by the City. Should a flu-shot drive require additional staffing, it
will be provided at the contracted rate for such work.
d. Health Maintenance and Disease Prevention
i. Health Risk Assessment - Administered online or in paper version screens for:
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1. General health and well-being
2. Health history including symptoms, conditions, and family history to the
extent allowed by GINA.
3. Tobacco use, alcohol use and stress levels
ii. Comprehensive Heath Review (CHR) - For high risk individuals and individuals
with chronic disease a CHR utilizing:
1. Online access to complete the Health History and Risk Assessment
(HHRA)
2. One on one consultation with the onsite clinician to review assessment
results, health history and risk appraisal, set goals and recommend
strategies to achieve goals.
iii. Lifestyle Risk Reduction - For high risk individuals agreeing to follow-up with the
Cascade Health Care provider as their personal health coach:
1. Work one on one with individuals to change behaviors putting them at
risk for certain conditions, addressing lifestyle habits such as physical
activity, smoking, diet, stress, weight control, cholesterol and blood
pressure.
2. Individualized change management plans
3. Proactive support
iv. Health Education Programs
1. Wellness Center staff will provide health education classes to city staff
as requested by the city and as available by clinician. Topics for these
classes will be based on the major risk factors for City employees as a
group and interest of employees. Examples may include Nutrition and
Healthy Eating, Weight Management, Fitness, Stress Management,
Diabetes, Prevention of Diseases, Managing Cholesterol, Controlling
High Blood Pressure, Managing Depression, Substance Abuse, Safety,
CPR, utilizing epi-pens, First aid, and Blood born pathogen training.
Workshops on additional health and wellness topics will be developed
for the City on request.
v. Chronic Condition Coaching
1. For individuals with chronic diseases (Diabetes, COPD, asthma, CHF,
CAD, HTN, depression, low back pain)
2. Work 1:1 with individuals to empower and educate them to improve
their health and quality of life through self-management practices and
adherence to a treatment plan that aligns with national clinical
guidelines for their disease.
3. Coaching, symptom monitoring, and disease education
e. Health Technology
i. Personal Health Record with risk profile, wellness score, interactive nutrition
and activity trackers, and medical content
ii. Online scheduling system and secure messaging
iii. Electronic Medical Record. This shall be maintained in Electronic Health Record
(EHR) format and compliance with all state and federal regulations. The system
used must be certified by the Certification Commission for Health Information
Technology (CCHIT). All patients will be registered in the software.
f. Account Management and Advisory Services
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i. One Point of Contact: An assigned Account Manager provides one point of
contact for triaging issues to ensure any issues are identified and addressed
quickly.
ii. Clinical Coverage Plan: Cascade Health will establish and provide a coverage
plan for clinical staff absences due to illness, vacation or continuing medical
education (CME) time off.
iii. Monthly Reviews: Account Manager will hold monthly meetings with the City to
deliver and discuss the reports described below to ensure that the City has data
on wellness center activity and progress toward goals.
iv. Annual Review: Account Manager will provide face-to-face annual reviews of
the wellness center business, incorporating the City-specific key performance
metrics from the previous year, as well as a strategic plan for the next year.
This is typically known as a Supplier Business Review Process.
v. Ongoing Health Promotions: Account Manager will work together with the City
to manage ongoing communications for the promotion of wellness center
services and operations.
vi. Strategic Planning: Account Manager will work to understand and support City’s
unique business objectives and goals for the wellness center. The Account
Manager will work collaboratively with the City’s broker/consultant, as well as
other health related vendors (EAP, etc.) as needed to ensure that employee
health resources are fully leveraged.
g. Management Reporting and Analysis
Cascade Health and the City of Springfield will work collaboratively to develop reporting
and analysis that illustrate the wellness center’s progress toward its strategic goals.
Springfield will make every attempt to develop a collaborative relationship between
Cascade Health, the City and PacificSource so that reporting goals can be reached.
i. Monthly client activity and trends report including visit volume (visits for acute
care, risk reduction and chronic condition management, group work and
telephonic consults), high risk patients engaged, high risk patients making
progress, encounters by CPT code, diagnoses by ICD-10 code, prescriptions
written, and overall savings from operations.
ii. Annual reports including:
1. Population stratification report identifying percent of the population
screened, size and nature of high risk population and size and nature of
population with chronic conditions identified through data mining
and/or screening.
2. Utilization by union group.
3. Review of wellness center operations including wellness center
volumes, population penetration rate and patient satisfaction.
4. Cascade Health with work with the City’s broker/consultant to report on
combined wellness center and Health plan utilization of health services
combining both the wellness center and regular health plan statistics.
The intent is to show the relationship between and effect of wellness
center activities on the cost and utilization of health coverage.
5. Examination of outcomes including overall improvement in population
health status, patient satisfaction, savings from wellness center
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operations and return on investment analysis, and plan for continuous
quality improvement.
h. Participant Communications and Promotions
i. Multimedia communication campaigns, including site posters, events, digital
communication, and mailings to the home, customized with location-specific
information.
ii. Quarterly communication campaign with material to promote services.
Outreach is customized to the City’s needs, based on review of client’s
population health risk stratification report.
iii. New hire orientation presentations, as needed.
iv. Health promotion activities including educational sessions, group programs,
wellness center promotional activities, health fair support, health and fitness
challenges, and other programs designed to increase engagement.
i. Custodial Services
i. Cascade Health shall provide all wellness center custodial services to medical
industry standards. All cleaning equipment and consumable supplies are the
responsibility of Cascade Health. Cascade Health may engage subcontractors to
assist Cascade Health in the cleaning of the Center. Cascade Health will replace
custodial staff or subcontractors if at the City’s sole discretion custodial services
be deemed inadequate or substandard. Cascade Health is responsible to ensure
that any legal and all state and federal reporting or documentation (including
MSDS and OSHA) obligations are performed.
ii. Cascade Health or third-party contractors may use city garbage dumpsters for
normal business waste. However, Cascade Health is responsible for all disposal
of hazardous medical waste per state and/or federal regulations and guidelines.
7. OPTIONAL SERVICES
a. Optional medical services
i. Mass Biometric Screenings and/or 100% general population screening through
wellness center
b. Optional communication services
i. Focus groups: Onsite meetings with employees to understand their thoughts
about the wellness center, document perceptions, and utilize feedback in
communication planning.
ii. Video Production: Short videos to promote the services, success stories, or
address concerns.
iii. Customized Promotional Material: Production of material that requires
additional customization.
iv. Mailings to homes: Additional postage cost for mailing of materials to
participants’ homes, rather than distributing in the workplace.
c. Custom Reporting
i. Additional custom reporting beyond 20 hours per year will be billed as
Additional Services at the rate of $75/hour.
8. NOT INCLUDED IN THE QUOTED FEES
a. Non-CLIA waived tests, CLIA waived tests not included above, external lab processing for
physicals, annual exams and screenings.
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b. Travel costs for wellness center staff and health screeners to visit participants at offsite
locations. (Locations other than those regularly operated wellness center included at
the top of this Scope of services).
c. Additional Data Services, such as custom interfaces for uploads of prior provider data.
9. DATA PROVDED BY THE CITY
a. City Participant Eligibility Data
i. Cascade Health shall provide onsite health services for employees, spouses,
dependents and retirees eligible for city medical benefits
ii. City will provide to on a decided-upon frequency, a Participant eligibility file,
which is necessary to enable Cascade Health to provide the Services. The
Participant eligibility file will contain the entire population of Participants and
will adhere to Cascade Health’s file specifications. City shall promptly inform
Cascade Health of additions or deletions to this list.
b. Medical Plan Claims Data
i. To assist in the identification and treatment of Participants with chronic
conditions such as diabetes, asthma, heart disease, pulmonary disease and
hypertension, City agrees to make reasonable effort to provide Cascade Health,
through its carrier, broker, third party administrator, or third party vendor for
claims data mining, with access to medical claims data for the Participants
enrolled in City’s health plan(s), minimally at twelve month intervals through
the term of the contract. Cascade Health will provide City with the file format
defining the specifications for the data.
10. USE OF THE PREMISES
a. Permitted Use
i. Cascade Health shall use and occupy the Premises continually during the term of
this agreement. The Premises shall be used for the tasks and activities
necessary to the operation of the Springfield Wellness Center and for no other
purpose without consent of the City.
b. Repairs and Maintenance
i. City shall be responsible for all repair and maintenance of the roof, exterior
walls (including painting), bearing walls, structural members, floor slabs, and
foundation, interior walls, ceilings, doors, windows, and related hardware, light
fixtures, plumbing fixtures, switches, and wiring and plumbing.
c. City's Interference with Cascade Health
i. In performing any repairs, replacements, alterations, or other work performed
on or around the Premises, the City shall not cause unreasonable interference
with use of the Premises by Cascade Health. Cascade Health shall have no right
to any claim against the City for any inconvenience or disturbance resulting
from the City's activities performed in conformance with the requirement of this
provision.
d. Inspection of Premises
i. The City shall have the right to inspect the Premises at any reasonable time or
times to determine the necessity of repair. Whether or not such inspection is
made, the duty of landlord to make repairs shall not mature until a reasonable
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time after the City has received from Cascade Health written notice of the
repairs that are required.
e. Security of Premises
i. Cascade Health shall maintain control of the physical wellness center space.
Cascade Health will limit access of wellness center visitors and patients to the
wellness center during hours when City Hall is closed to the public. Cascade
Health will report any known breaches of security to the human resources staff
during open city hall hours and the police non-emergency line during closed
hours as soon as possible. Cascade Health will take reasonable precautions to
prevent access of the City Hall Lobby by unauthorized persons.
f. Surrender at Expiration
i. Condition of Premises - Upon expiration of this agreement or earlier termination
on account of default, Cascade Health shall deliver all keys to the City and
surrender the Premises in the same condition as received, less ordinary wear
and tear. Alterations constructed by Cascade Health with permission from the
City shall not be removed or restored to the original condition unless the terms
of permission for the alteration so require.
g. Non- Patient Care Furniture and Office Accessories
i. City will provide furniture and accessories for the waiting room, conference
room, break room, office and miscellaneous chairs used in non-patient care.
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