HomeMy WebLinkAboutItem 13 Springfield Municipal Inmate Medical, Mental and Dental Services AGENDA ITEM SUMMARY Meeting Date: 3/20/2017
Meeting Type: Regular Meeting
Staff Contact/Dept.: Richard Lewis/Police Staff Phone No: 726-2320
Estimated Time: 10 Minutes
S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Mandate
ITEM TITLE: SPRINGFIELD MUNICIPAL JAIL INMATE MEDICAL, MENTAL HEALTH
AND DENTAL SERVICES
ACTION REQUESTED: Approve/Not Approve the City Manager to negotiate and execute a contract with Willamette Community Health Solutions DBA Cascade Health Solutions to provide
inmate medical, mental health and dental services to the Springfield Municipal Jail.
ISSUE STATEMENT:
The City of Springfield must make available professional medical, mental health
and dental services to arrestees and inmates housed in the Springfield Municipal
Jail. The City does not employ its own medical staff and therefore proposes a new contract with the current service provider. The current contract will expire on
March 31, 2017.
ATTACHMENTS: 1. ATT 1 - Council Briefing Memorandum 2. ATT 2 - Cascade Health Solutions draft contract
DISCUSSION/ FINANCIAL IMPACT:
The City must provide inmate basic medical, mental health and dental services for persons incarcerated at the Springfield Municipal Jail. The City proposes execution of a new contract with the current service provider to provide the referenced
services, through June 2018.
The Contractor will be responsible for basic medical care and mental health
services support, to include service to female inmates housed in the Springfield Municipal Jail. Springfield Municipal Jail anticipates housing female inmates in the
fourth quarter of fiscal year 2017. The Contractor will also implement and maintain
an electronic medical records application to enhance the efficiency and accuracy of patient care.
Please refer to the Council Briefing Memorandum for further information.
Attachment 1, Page 1 of 2
M E M O R A N D U M City of Springfield
Date: 3/13/2017
To: Gino Grimaldi COUNCIL
From: Richard Lewis, Chief of Police AIC BRIEFING
Subject: Springfield Municipal Jail Inmate Medical, Mental Health and Dental Services MEMORANDUM
ISSUE:
The City of Springfield must make available professional medical, mental health and dental
services to arrestees and inmates housed in the Springfield Municipal Jail. The City does not employ its own medical staff and therefore has sought a new contract with the current service
provider. The current contract will expire on March 31, 2017.
COUNCIL GOALS/
MANDATE:
Provide Financially Responsible and Innovative Government Services
BACKGROUND:
The City must provide inmate basic medical, mental health and dental services for persons
incarcerated at the Springfield Municipal Jail. Cascade Health Solutions has provided medical, emergency dental, and mental health services for Springfield Municipal Jail since opening in
January 2010. Cascade Health Solutions have been receptive to evaluation and revamping
services, to include modification of staffing schedules to adapt to the varying inmate population medical needs, emphasis on medication cost control, and identifying a level of mental health
services to successfully support jail inmates.
The City proposes execution of a new contract with Cascade Health Solutions, to provide
medical, urgent dental and mental health services through June 2018 and four one (1) year renewals. Springfield Police and Jail management believe it is not to the City’s financial advantage to re-issue an RFP for similar service levels at this time.
Cascade Health Solutions will provide medical and urgent dental services, including sick call and clinic care for arrestees and inmates, advise and assist in procuring medications and
prescription medications as required for basic medical care, provide inmate health care services in case of emergency or disaster, and maintain patient medical records. These services will be performed for both male and female inmates. Springfield Municipal Jail anticipates housing
female inmates in the fourth quarter of fiscal year 2017. The Contractor will also implement and maintain an electronic medical records application to enhance the efficiency and accuracy of
patient care.
Cascade Health Solutions will provide mental health services, to include assisting staff with
assessment and screening to identify inmates with a greater risk for self-harm, to offer
remediation strategies for emergent mental health issues, and offer individual counseling, as appropriate.
Cascade Health Solutions will provide medical, urgent dental and mental health services with a
MEMORANDUM 3/16/2017 Page 2
licensed Nurse Practitioner with correctional experience, licensed Emergency Medical Technicians (EMTs), and a licensed, qualified mental health professional. The Nurse
Practitioner will provide onsite medical service or offsite consultation not less than 25 hours per
week and EMTs will provide onsite medical services not less than 61 hours per week. The licensed mental health professional will provide onsite services at least 16 hours per week.
Medical and mental health staff may work overtime, as needed and upon pre-approval by Jail
management staff.
Cascade Health Solutions purchases medications, medical supplies and office supplies through
their group purchasing program and charges the City at cost, with no additional mark-up. Cascade Health Solutions indicates there may be an increase in medication costs associated with
the new female population, but staff will continue to be diligent and aware to significant cost increases.
The Contractor identified the need for one-time purchases of new medical fixtures and equipment to accommodate female inmates, as well as a Zoll Monitor to assist medical staff with evaluating cardiac issues. The equipment will be purchased with no mark up and the City will
own the equipment.
The proposed contract’s annual medical and mental health services, supplies and equipment
costs total $366,160. The contract includes selective increases to medical and mental health services, to ensure basic medical, urgent dental, and mental health services are provided to
inmates. The additional services and costs included in the proposed contract include:
An additional eight hours of medical services per week to accommodate female inmates,
An increase of mental health services from eight to sixteen hours per week, which had been previously approved.
A rate increase for medical and mental health staff to meet comparable wages,
Electronic medical records application licensing and ongoing fees.
An increase in estimated medication and pharmaceutical costs due to the anticipated increase to inmate population and housing of female inmates. These funds are used as needed.
One-time equipment purchases of to accommodate medical services to female inmates,
as well as cardiac monitoring equipment.
Identification of funding for medical and mental health staff overtime costs, up to $12,000. The overtime funding was identified to provide the means for necessary
medical and mental health services to the changing inmate population needs. Any
overtime by medical or mental health staff will require pre-approval by Jail management staff.
RECOMMENDED ACTION:
Staff recommends that Council direct the City Manager to negotiate and execute a contract
substantially similar to the draft version with Cascade Health Solutions. .
CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
(Type 3: For Personal Services Contracts Requiring Professional Liability Insurance)
Contract #1844
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
Solutions, dba Cascade Health Solutions
(“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: 541-228-3000 D. Fax No: N/A E. SSN or Fed. I.D. No: On File
F. Professional License(s) No: Upon request G. Oregon Agency Issuing License: State of Oregon – 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
236-36500-611011 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 $366,160.
1.1. Medical and Mental Health Services amount not to exceed $299,160, 1.2. Medical and Mental Health Services overtime amount not to exceed $12,000, (This isn’t a
commitment of funds to the Independent Contractor but a mechanism to pay for overtime services as approved in writing by Jail management staff.)
1.3. Medical and Office Supplies and Medical Equipment amount not to exceed $55,000.
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2. Invoice. 2.1. Invoice to be sent to: Accounts Payable - City of Springfield, 225 5th Street, Springfield, OR
97477 or email to ap@springfield-or.gov. Invoice must reference this contract #1844 and approval code #365,
2.2. Invoice will be paid on net 30 day terms upon City acceptance of goods delivered, work or services performed,
2.3. The invoice must include line detail of the each of the charges in 1.1 – 1.3 above, 2.4. Reimbursable expenses will be invoices at cost with no mark-up and will include back up
documentation of those expenses. 3. Services to be Performed by Independent Contractor. Independent Contractor shall perform the services described on Attachment 1.
4. Term. This Agreement is effective as of the date first set forth above and shall continue until June
30, 2018, unless earlier terminated in accordance with the provisions of this Agreement or by mutual consent of the parties. This Agreement may be extended for additional four (4) one-year periods upon
agreement of both parties which includes the review and approval of the Springfield Common Council in considerations of the requirements of the Springfield Municipal Code Section 2.708(3), and the
following procedure:
4.1. The parties shall confer not later than 30 days before the expiration of this Agreement regarding the desirability of extending the Agreement. The Springfield Contract
Representative and the Independent Contractor shall confer regarding the proposed fee for services and any other proposed Agreement revisions proposed by either party.
4.2. If the parties, after negotiation, agree, an Agreement Modification that stipulates any and all Agreement modifications shall be executed.
4.3. Upon renewal, annual contract increase will be tied to the Portland Consumer Price Index but not less than 2% and not more than 4%, whichever is less.
5. Sourcing. Exempt profession pursuant to SMC 2.708(3)(e).
6. First Point of Contact.
Independent Contractor: Chooch Vanis, cvanis@cascadehealth.org, PH: 541-228-3009 CITY: Lt. Russ Boring, rboring@springfield-or.gov, PH: 541-726-4165
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” , “B” and “C” 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.
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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.
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.
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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, approved by the City’s Risk Manager as to terms, conditions and limits. 16.3. 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
statement signed by Independent Contractor so stating the reason for exemption shall be provided to the City. 16.4. Medical Malpractice. Independent Contractor shall maintain in force during the duration of this Agreement a medical malpractice insurance policy as applicable for its professional
medical employees. 16.5. 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. Bonding. The Independent Contractor shall file with the CITY at the time of execution of this
agreement, a Performance issued by a Bonding Company acceptable to the CITY in the amount of $50,000.
18. 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.
19. 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
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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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
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29. 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. 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
AIS ATTACHMENT 2, Page 9 of 24
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
Scope of Services
Cascade Health Solutions (CHS) will provide medical, urgent dental and mental health services for arrestees and inmates incarcerated at the Springfield Municipal Jail, located at 344 “A” Street,
Springfield, OR
I. Relationship Scope
In accordance with this Agreement, CHS shall:
A. Provide on-site services according to III. Medical Staffing below, as well as be
available for off-hour calls for medical consultation twenty-four (24) hours a day, seven (7) days per week.
B. Maintain own licensure and competency to practice in the State of Oregon.
C. Comply with all applicable federal, state and local guidelines, laws and regulations, and requirements of accrediting agencies for correctional health care.
D. Hire and provide medical staff that is experienced and knowledgeable in
assessment of physical, mental and emotional status of inmates. See sections III and V for additional detailed requirements.
E. City is not responsible for any CHS staff training or credentialing.
F. All CHS staff, including substitute staff, who will deliver services to the Springfield Municipal Jail must:
1. Be vetted in accordance with City policy and process,
2. Be screened for security purposes and comply with City and Springfield
Police Department written policy and procedures relating to facility security and in
accordance with Exhibit D,
3. Pass a criminal background check and adhere to initial and ongoing Criminal
Justice Information Systems (CJIS) security requirements in accordance with Exhibit
D.
G. Appear and attend all investigations and proceedings where CHS staff testimony or
assistance is determined to be required or requested by the City.
H. CHS staff will cooperate with the City in their review of claims and/or complaints.
I. CHS shall maintain accurate financial reports that conform to generally accepted
accounting principles.
J. Review all written medical standing orders adopted and all other applicable resolutions, orders, procedures, and/or policies adopted by the City or Courts, with
regard to the City of Springfield Municipal Jail. This will be performed on an annual basis.
K. CHS and Springfield Municipal Jail staff shall conduct meetings, as follows:
1. CHS representative and Springfield Jail Lieutenant will meet on a monthly
basis.
2. Participate in annual or semi-annual supplier business reviews, at the City’s sole discretion.
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L. Conform and assist City to conform to state standards for medical services and be
generally compliant with the National Commission on Correctional Health Care (NCCHC)
standards.
M. Comply with and assist City in complying with the Prison Rape Elimination Act
(PREA) and any subsequent requirements mandated by law, including but not limited to
prevention, detection and response, investigation, treatment, referral to mental health providers, and reporting.
N. CHS staff, including substitute staff, must complete approved PREA training prior to
providing services to arrestees and inmates at the Springfield Municipal Jail.
O. Upon request of Springfield Municipal Jail Lieutenant or Chief of Police, provide
suicide prevention training for Springfield Municipal Jail staff.
II. Medical Services
A. CHS shall provide medical care services, to include sick call, clinic care, physical examinations and urgent dental services to arrestees and inmates at the Springfield
Municipal Jail.
B. Medical care services provided by CHS and/or CHS staff shall include, but are not limited to the following:
1. Identify the need, schedule and coordinate all non-emergency and
emergency medical care, rendered to arrestees and inmates at the Springfield Municipal Jail.
2. Provide medical care to arrestees and inmates, per established policy and/or procedure. Established processes should include, but are not limited to the following:
a) Initial medical assessment,
b) Rejection criteria,
c) Medical evaluation and treatment,
d) Medical exams
e) Medical screening,
f) Medical Call Requests (MCR) and sick call,
g) Medical rounds and clinic care,
h) Segregation Rounds,
i) Prescription and non-prescription medication management,
j) Referrals,
k) Communicable and infectious diseases,
l) Blood borne pathogen exposure,
m) Women’s preventative health care,
n) Pregnant arrestees/inmates,
o) Chronic illness and special needs inmates,
p) Emergency services & response plan,
q) Records management,
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r) Confidentiality of medical information,
In the event processes must be defined or modified, CHS and Springfield Municipal
Jail management will cooperate and develop mutually agreeable processes.
3. Oversee all medically necessary prescription medications and over-the-
counter medications for arrestees and inmates.
a) Prescription medications shall be prescribed by an authorized licensed provider.
b) Prescription and over-the-counter medications shall be administered
by CHS, when possible. Springfield Municipal Jail staff may facilitate inmate consumption of medication in accordance with prescription instruction or
direction of CHS staff.
c) Prescription medications shall be obtained by the City pursuant to direction of CHS staff.
d) CHS staff shall verify prescription medications obtained from
arrestees and inmates, as appropriate.
e) Medications are maintained in a locked cabinet.
f) Medications are inventoried daily and randomly audited by the State Board of Pharmacy.
4. Maintain adequate medical supplies onsite to guarantee emergency and
non-emergency medical needs.
5. Develop and employ medical service processes that focus on cost
containment without compromising the quality of services deemed medically
necessary.
6. Provide medical supervision, as needed, to include:
a) Medical procedures/policies
b) Blood borne pathogen exposure
c) Infectious disease control
d) Medical evaluation and treatment
e) Medical exams
f) Medical screening
g) Medical consultation of provider’s nursing staff
h) Referral to treatment specialist and/or a healthcare facility as is appropriate, including dental and/or psychiatric referrals.
7. In accordance with state and local regulations, CHS shall be responsible for the handling and disposal of medical and contaminated waste, including needles, syringes, and other materials used in the treatment of inmates.
8. Evaluate, recommend, and arrange for laboratory services, as approved by Springfield Municipal Jail management staff. This includes specimen collection and delivery to the appropriate laboratory for processing.
9. As requested by the City, screen and/or vaccinate arrestees and inmates for communicable diseases, including but not limited to TB, HIV, Hepatitis A & B,
Meningitis, STD, and Ectoparasites.
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10. Coordinate with Springfield Municipal Jail management staff to ensure food
service provided is appropriate for medically ordered diets.
11. Train Springfield Municipal Jail staff regarding their responsibilities, if any, in assurance of medical and dental services for arrestees and inmates.
12. Provide emergency medical services in case of an emergency or disaster to
include but not limited to triage, first aid, resuscitation of the critically injured, and coordination of direct off-site medical referrals.
13. Respond immediately to medical emergencies, with the appropriate
equipment to assess the patient’s condition and determine the course of treatment. If treatment is beyond the on-site capabilities, provider will notify the Springfield
Municipal Jail management staff to request transfer to another site and will specify the mode of transportation. Inmates awaiting emergency transfer will be under constant care by medical service provider or provider’s representative.
III. Medical Clinic Staffing
A. CHS shall employ a Family Nurse Practitioner (FNP) to oversee all medical care at
the clinic and direct a staff of Emergency Medical Technicians (EMT’s). The FNP and/or EMTs provide medical services on a daily basis, including sick call, kite response, clinic
care, and on‐site and on call oversight of the medical staff assigned to the clinic. The
FNP will order and prescribe all medications required by the inmates to maintain their current health conditions.
B. The CHS Clinic Director and administrative team, including their Human Resources,
Department Managers, Accounting, and IT, will provide off-site supervision. CHS staff productivity and quality of care will be directly monitored by the Clinic Director through
annual performance reviews and regular monitoring of clinic activities, including triage
practices, patient care standards, patient satisfaction, and coordination of chart reviews. CHS staff credentialing and staff records are managed and housed by CHS Human
Resources. The CHS Clinic Director will allocate funds for training and development of
CHS staff dedicated to the Springfield Municipal Jail.
C. CHS staff shall have medical oversight and chart review services provided by
Cascade Medical Associates, specifically, Dr. Richard Abraham, Board Certified in
Emergency Department Medicine, or designated alternate Medical Director . Cascade Medical Associates are available to CHS staff for consultation, by phone twenty‐four (24)
hours a day and will conduct quarterly chart reviews and meetings.
D. All work under this Scope of Services shall be performed in a skillful and workmanlike manner. The City Manager or his or her designee may require, in writing, that CHS 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.
E. Medical Staff Schedules:
FNP and EMT schedules will maximize times when arrestees and inmates use the most services. These shifts will vary depending on Springfield Municipal Jail
management staff needs and requirements.
1. Family Nurse Practitioner (FNP) schedule:
a) 25 hours per week:
(1) 12 hours in-clinic time
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(2) 13 hours charting, phone consultation and other oversight
responsibilities
(3) Schedule will vary based upon patient needs
b) Employee will check in and out with Jail Supervisor for in-clinic
staffing.
c) CHS will provide documentation for both in-clinic and non-clinic hours.
d) Hours worked in excess of 25 hours a week will be billed at $90 per
hour.
(1) Hours worked in excess of 25 hours a week must be pre-
approved by Jail staff management. Jail staff management will document approved overtime hours.
e) If 25 hours a week are not met, CHS will credit $90 per hour.
2. Emergency Medical Technicians (EMTs) schedule:
a) 61 hours per week, in-clinic time:
(1) Monday – Friday, day shift 0800-1300
(2) Monday – Friday, night shift 1800-2200
(3) Saturday – Sunday, weekend shift 0900-1730
b) Employees will check in and out with Jail Supervisor for in-clinic
staffing.
c) CHS will provide documentation for EMT staffing hours.
d) Hours worked in excess of 61 hours per week will be billed at $55 per
hour.
(1) Hours worked in excess of 61 hours per week must be pre-
approved by Jail staff management. Jail staff management will
document approved overtime hours.
e) If 61 hours a week are not met, CHS will credit $55 per hour.
3. During a standard in-clinic work day, CHS medical staff will spend their shift
seeing patients while also having time dedicated for charting, calling in results, refilling prescriptions, and administrative work.
4. CHS will provide backup staff to cover absences by the contracted staff and
will notify the City at 541-744-4169 whenever back up staff is utilized.
5. In the event a CHS employee servicing the Springfield Municipal Jail is
terminated or no longer designated to support the jail, CHS will notify the Springfield Jail Lieutenant and Chief of Police within twenty-four (24) hours.
IV. Medical Services Fees
A. Medical services fees will cover all costs associated with the following:
1. Family Nurse Practitioner (FNP) for 25 hours per week.
2. Emergency Medical Technicians (EMTs) for 61 hours per week.
3. Employee benefits
4. Malpractice insurance
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5. Provider training and certifications
6. Accounting costs
7. Medical Director fees
8. Off-site management
B. Annual medical services fees shall meet the following requirements.
1. Annual medical services fees shall not to exceed $257,580; medical services monthly fees of $21,465.
2. Medical and mental health services fees resulting from overtime, must be
preapproved in writing by Jail management staff and shall not exceed $12,000 annually. This isn’t a commitment of funds to the Independent Contractor but a
mechanism to pay for overtime services as approved in writing by Jail management.
3.
V. Mental Health Services
A. CHS shall provide a licensed, qualified mental health professional to provide mental
health services to the Springfield Municipal Jail’s arrestee and inmate population. The
licensed, qualified mental health professional will have experience working with incarcerated clients.
B. The qualified mental health professional will assess and screen incoming and
current Springfield Municipal Jail arrestees and inmates, to identify those at a greater risk
for self-harm, to offer remediation strategies for emergent mental health issues, and to
offer individual counseling, as appropriate.
C. 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 CHS
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.
D. CHS responsibilities include, but are not limited to:
1. Provide a licensed, qualified mental health professional with experience
working with incarcerated clients.
2. Provide services through DIRECTION EAP and Behavioral Health/Cascade
Health Solutions staff, in collaboration with the Springfield Municipal Jail clinic.
3. Manage client records in a secure location, to include records associated
with
a) Assessment of mental health issues
b) Screening of incoming and current inmates
c) Individual counseling of inmates, as appropriate
E. Mental Health Services Staffing
1. Licensed, qualified mental health professional:
a) 16 hours per week, in-clinic.
(1) Schedule will vary based upon patient needs
AIS ATTACHMENT 2, Page 22 of 24
(2) Employee will check in and out with Jail Supervisor for in-
clinic staffing.
(3) CHS will provide documentation for mental health staffing
hours.
(4) Hours worked in excess of 16 hours per week will be billed at
$65 per hour.
(a) Hours worked in excess of 16 hours per week must be
pre-approved by Jail staff management. Jail staff
management will document approved overtime hours.
(5) If 16 hours a week are not met, CHS will credit $65 per hour.
2. Psychological testing and additional reporting required beyond the
established scope of work will be billed at $120 per hour. CHS will advise the City if a request is beyond the scope and identify an estimated cost. Written prior approval
by the Jail Lieutenant or Chief of Police is required.
F. Annual mental health services fees shall meet the following requirements.
1. Annual mental health services fees shall not to exceed $41,580; mental
health services monthly fee of $3,465.
VI. Medical Records
TO BE DETERMINED. CHS Staff and CITY Staff conferring.
AIS ATTACHMENT 2, Page 23 of 24
ATTACHMENT 2
I. Medical Supplies and Equipment
A) Medical supplies and equipment will be purchased by Cascade Health Solutions a. All items will invoiced as a separate line item at pass through cost with no
mark-up, unless otherwise agreed upon in writing by both Parties.
b. The invoice line item for supplies will include description of the item, quantity and cost as well as the back-up documentation related to the
expense.
c. Annual medical clinic supplies, not to exceed $2,000 d. Annual prescription medication, not to exceed $45,000
B) One-time purchase of fixtures and equipment – estimate of $8,000 a. Zoll unit - $5,000 b. Exam table with stirrups - $1,350
c. Exam light - $500
d. Mayo exam stand - $150 e. Examination Equipment - $1,000
C) All supplies and equipment paid for by the City become the property of the City.
AIS ATTACHMENT 2, Page 24 of 24