HomeMy WebLinkAboutItem 16 Contract with Life Flight Network, LLC AGENDA ITEM SUMMARY Meeting Date: 6/25/2018
Meeting Type: Regular Meeting
Staff Contact/Dept.: Joe Zaludek Staff Phone No: 726-2292
Estimated Time: Consent Calendar
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: APPROVE A CONTRACT FOR PRE-SCHEDULED AND INTER-FACILITY,
NON-EMERGENT CRITICAL CARE AMBULANCE TRANSPORT SERVICES IN ASA #5 WITH LIFE FLIGHT NETWORK, LLC.
ACTION
REQUESTED:
By motion:
Authorize City Manager to sign a contract with Life Flight Network, LLC for pre-scheduled and inter-facility non-emergent
critical care ambulance transport services in Ambulance Service Area assigned to Springfield (ASA #5).
ISSUE STATEMENT: Springfield Fire & Life Safety is requesting to enter into a contract for
pre-scheduled and inter-facility non-emergent critical care ambulance transport services with Life Flight Network, LLC.
ATTACHMENTS: 1. Life Flight Network, LLC Contract
DISCUSSION/
FINANCIAL IMPACT:
Springfield has contracted for certain non-emergency services since 2011
and seeks to continue this practice. Eugene Springfield Fire will continue
to provide emergency ambulances responses at the advanced life support (ALS) level while providing appropriate resources to handle certain calls
requiring a lower level of care.
Our current contract with Life Flight Network, LLC (LFN) expires June 30,
2018. Fire & Life Safety has selected LFN through an RFP process in
FY18 to provide ongoing services for non-emergency critical care ground transports within ASA #5. City of Eugene will also contract with LFN for
similar services in ASA #4. Transport fees for CCT-level services are levied by LFN and not by the
City of Springfield or Eugene Springfield Fire. LFN will be providing a level of service that is outside of the department’s ability to provide.
LFN will provide pre-scheduled and inter-facility, non-emergent ground CCT services within the ASA #5 as part of a tiered response plan. LFN is a not-for-profit Oregon company with 40 years of experience in critical
care ambulance transport services and brings a wealth of knowledge and experience as part of our emergency medical response plan.
DRAFTCITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
(Type 3)
Contract #2068
Dated: July 1, 2018
Parties: The City of Springfield (“CITY”)
A municipal corporation in the State of Oregon
225 Fifth Street
Springfield, Oregon 97477
and
Life Flight Network, LLC (“Independent Contractor”)
Additional Independent Contractor Information:
A. Type of Entity: Sole Proprietorship Partners Limited Liability Company Corporation
B. Address: 22285 Yellow Gate Lane NE, Suite 102, Aurora, OR 97002 C. Telephone: 503.678.4364
D. Fax No: 503.678.4369
E. SSN or Fed. I.D. No: On file F. Professional License(s) No: N/A
G. Oregon Agency Issuing License: N/A 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
N/A 100%
In consideration of the mutual covenants contained herein, the parties agree to the following terms, provisions and conditions:
1. Services to be Performed by Independent Contractor. Independent Contractor shall perform the services described in Attachment 1. Independent Contractor will provide critical care ground ambulance transportation services, originating in the ambulance service area assigned to the City
under the Lane County Ambulance Service Plan. Independent contractor shall perform the services in Attachment 1 and Attachment 2 attached hereto and incorporated herein by this reference.
2. Payment by CITY. CITY does not pay for critical care transports. The Independent Contractor will
honor and fulfill the FireMed contract obligations for those patients needing medically necessary transport as detailed in Attachment 3 attached hereto and incorporated herein by this reference.
3. Term. This Agreement is effective as of the date first set forth above and shall continue until June
30, 2020, unless earlier terminated in accordance with the provisions of this Agreement or by mutual
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DRAFTconsent of the parties. The Agreement may be amended annually, to extend the term stated herein, for not more than three (3) successive one-year periods, upon mutual agreement of the parties. In
negotiating any extension CITY shall consider the requirements of SMC Section 2.708(3) and each extension shall not be effective until reviewed and approved by the Springfield Common Council.
4. Sourcing. Independent Contractor awarded pursuant to RFP # 2004 Ambulance Transport Services
issued December 15, 2017.
5. Joint Cooperative Procurement. The Independent Contractor agrees to extend identical prices and services under the same terms and conditions to the City of Eugene. The City of Eugene will not
materially change or alter the terms, conditions, or prices. See ORS 279A.210 and OAR’s 137-046-0430 & 137-047-0290. 6. First Point of Contact.
Independent Contractor: Jacob Dalstra, PH: 360.241.8985, jdalstra@lifeflight.org CITY Service Delivery: JoAnna Kamppi, EMS Battalion Chief, PH: 541.682.7104,
joanna.l.kamppi@ci.eugene.or.us CITY Contract Contact: Nooshi Dieken, Management Analyst, PH: 541.744.4150,
ndieken@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” , “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.
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
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DRAFT 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 $3,000,000 per occurrence and $4,000,000 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 a professional liability policy with a limit not less than $3,000,000, 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. 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. 16.5. 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
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DRAFTcontract 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)
16.6. 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. 16.7. Subcontractors. The Independent Contractor shall require all subcontractors to provide and
maintain general liability, auto liability, professional liability (as applicable), 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.
16.8. Exception or Waivers. Any exception or waiver of these requirements shall be subject to review and approval from the City’s Risk Manager.
17. Liquidated Damages. The parties agree that the failure to comply with performance requirements
will result in damages to the City and that determining actual damages caused by some failures would be difficult or impractical. Therefore, the parties agree that the liquidated damages contained
herein are not a penalty but are reasonable estimates of actual damages that will occur. Assessment and collection of liquidated damages does not limit the City’s rights or ability to exercise any other
remedy provided in this Agreement or in law or equity. The following liquidated damages may be adjusted annually for CPI-Portland on an annual basis.
17.1. Start-Up and Zonal Response Times
i. Start-Up
Damages in the amount of Five Hundred Dollars ($500) per day for each
day after the agreed start date will accrue.
ii. Zonal Response Times Requirement Damages
Damages for failure to meet zone monthly response time requirements will accrue as follows:
Zone 1 Percentage Compliance for Non-Emergency Transfers
Percent Compliant Fine per month
89.9% $500
87.9% $750 85.9% $1,000
83.9% $1,250 81.9% $1,500
<80% $2,000
Zone 2 Percentage Compliance for Non-Emergency Transfers
Percent Compliant Fine per month
<80% $500*
*fine applies when provider responds to at least 10 calls within Zone 2
17.2. Equipment and Supplies
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DRAFTIf provider’s unit fails to have the minimum equipment and supplies required by the City on any call where such equipment or supplies are required, damages in the amount of
Five Hundred Dollars ($500) will be incurred. 17.3. Mechanical Failures Damages of Five Hundred Dollars ($500) will be incurred for each preventable
mechanical failure occurring while responding to or transport of patient(s) from any call. The City has the sole discretion to determine whether a failure is preventable.
17.4. Ambulance Staffing
Failure to staff any ambulance responding to any call according to the provisions set forth in RFP#1305 section 4.k.iii will result in damages of Seven Hundred and Fifty Dollars
($750) per incident.
17.5. Data Information and Reporting Failure to disclose financial, response, or patient information as required in the contract
will result in damages of Five Hundred Dollars ($500) per request.
18. Holdover Provisions
Should the provider fail to participate or prevail in a future procurement cycle, the provider will agree to continue to provide all services required in and under the agreement until a new provider assumes service responsibilities. Under these circumstances, the provider will, for a period of
several months, serve as a holdover provider. To assure continued performance fully consistent with the requirements of the agreement through any such period, the following provisions will apply: 18.1. The provider will continue all operations and support services at the same level of effort and performance that were in effect prior to the award of the subsequent agreement to a competing organization, including but not limited to compliance with the provisions related to
the qualifications of key personnel. 18.2. The provider will make no changes in methods of operation, which could reasonably be considered to be aimed at cutting services, and operating cost to maximize profits during the
final stages of the agreement. 18.3. The City recognizes that if a competing organization should prevail in a future procurement cycle, the provider may reasonably begin to prepare for transition of the service to a new provider. The City will not unreasonably withhold its approval of the provider’s request to
begin an orderly transition process, including reasonable plans to relocate staff, scale-down certain inventory items, etc. as long as such transition activity does not impair the provider’s
performance during this period. 18.4. During the process of subsequent competition conducted by the City, the provider will permit
its non-management personnel reasonable opportunities to discuss with competing organizations, issues related to employment with such organizations in the event the provider
is not the successful proposer. The provider may, however, require that its non-management personnel refrain from providing information to a competing organization regarding the
provider’s current operations and the provider may also prohibit its management personnel from communicating with representatives of competing organizations during the competition.
However, once the City has made its decision regarding award, and in the event that the provider is not the winner, the provider will permit free discussion between provider’s
employees and the winning proposer without restriction, and without consequence to the employee.
19. 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
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DRAFTshall, 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.
20. 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.
21. Confidentiality/Protected Information. 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. Regarding the receipt and handling of such information, independent contractor
shall comply with the requirements of Exhibit D and E attached hereto and incorporated herein by this reference. The obligations of Exhibit E shall survive the termination of this Agreement and shall
remain in perpetuity.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
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DRAFT28. 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.
29. 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.
30. 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.
31. 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.
32. Nondiscrimination. Independent Contractor shall comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations.
33. Americans With Disabilities Act Compliance. Independent Contractor will comply with all
applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq. and Section 504 of the Rehabilitation Act of 1973.
34. 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.
35. Non Appropriation. The obligation of the City to make payments beyond June 30, 2018 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
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.
36. Non Complete with the City. The provider upon execution of the agreement expressly waives the
right to bid, propose or otherwise compete against the Cities for any ambulance transport services during the term of the agreement. In the event the agreement is terminated for any reason, the
provider also expressly waives the right to bid, propose, request or otherwise compete against the Cities for any Ambulance Service Area or ambulance transport services for a period of not less than
two (2) years.
37. Supporting Documents and Order of Precedence.
The following documents are, by this reference, expressly incorporated in the Agreement, and are collectively referred to as the "Supporting Documents": a. The City's Request for Proposals (or other document, however named, which constitutes the
City's written request or invitation to submit proposals), together with any documents incorporated by reference therein.
b. The City's Letter of Award (or other written document accepting provider's Proposal with any modifications or clarifications).
c. The provider's written Proposal (or other written response to the City's invitation, as accepted by the City).
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DRAFTThe Agreement and the Supporting Documents shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the
provisions of the agreement itself shall control over any conflicting provisions in any of the Supporting Documents.
38. 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.
39. 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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DRAFTEXHIBIT “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 three 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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DRAFTEXHIBIT “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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DRAFT15) 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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DRAFT 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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DRAFTEXHIBIT 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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DRAFTEXHIBIT “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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DRAFTfurther 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. For access to any area where CJI information is stored or
transmitted Independent Contractor’s employees shall possess Level 4 certification.
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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DRAFTEXHIBIT 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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DRAFT7. 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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DRAFTreasonable 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 Section D are perpetual and shall survive termination of this agreement.
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DRAFT
Attachment 1
Statement of Work
I. Under this Agreement the City of Springfield is contracting with the Independent
Contractor to provide ambulance transportation services at Critical Care Transport (CCT)
service level within the ambulance service area assigned to the City of Springfield under
the Lane County Ambulance Service Area Plan.
II. ASA Response Zones A. The Lane County Health & Human Services Department developed an Ambulance
Service Plan which has been adopted by the Board of County Commissioners. This plan
calls for each ambulance service Independent Contractor in the county to report quarterly on
its ambulance response times for emergency calls. Response time goals are set for various zones, based on population density, proximity to urban areas, terrain, transportation networks, and expected travel time to the area.
B. Zones 1, 2, 3, and 4 in each ASA correspond roughly to the State of Oregon’s established
urban, suburban, rural, and frontier designations. ASA #4 & #5 contain all four zones, with a
large frontier territory that could have greater than a 120-minute response time.
Map 2.1 ASA Response Zones
C. Medical direction and oversight is provided under a contract with a local emergency
department physician who is a medical director with considerable experience in the practice
of pre-hospital emergency medicine and who provides medical advice and accountability.
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Standing Medical Orders and Treatment Protocols are developed by the Lane County
Medical Control Board (LCMCB). The LCMCB is comprised of the Medical Directors
representing Eugene Springfield Fire, Lane Fire Authority, Western Lane Ambulance,
Oakridge, and South Lane Fire & EMS. The LCMCB meets regularly to develop guidelines
reflective of current trends and evidence in the practice of pre-hospital care.
III. Requirements
A. Equal Opportunity- It is the policy of the Cities to promote equal opportunity to all
persons regardless of race, color, religion, national origin, sex, age, or handicap, in
respect to employment, housing, public services, facilities, and accommodations. This
policy is reinforced by obligations assumed by the Cities as a condition of receipt of federal and state funds. This policy becomes an obligation which must be assumed by the
Independent Contractor as well. Because in some cases religion, sex, age, disability,
domestic partnership, familial status, sexual orientation, gender identity, source of
income or marital status may properly be the basis for denial or restriction of privileges
with respect to employment, housing, or public services, facilities, or accommodations, the obligations, terms and conditions stated in the “Standard Contract Provisions” shall
apply.
Violation of these provisions may be grounds for immediate termination of an agreement
without recourse by the Independent Contractor.
B. Independent Contractor Responsibilities
The Independent Contractor will be required to assume responsibility for all services
outlined in the proposal and for all contractual matters.
C. Prohibited Activities
The successful proposer may not provide any other services within the Cities that are
currently provided by the Cities without coordination and prior approval from the Fire Chief. This includes, but is in no way limited to, medical or first aid stand-by at events,
water rescue and hazardous material response.
D. Start-Up
The Independent Contractor will begin operations on July 1, 2018. The Independent
Contractor will prepare its crewmembers regarding any service level changes, additions
of duties, training requirements, policy or procedural changes as set forth in the contract
by June 1, 2018. Contractor will ensure all ambulances meet all requirements of the contract, including inventory, equipment, policies, procedures, and protocol requirements
by June 1, 2018. Contractor will ensure all potentially necessary additional mutual aid
agreements are in place by June 15, 2018. Contractor will continue services as the
incumbent provider through June 30, 2018, and begin operations under the new contract
on July 1, 2018.
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E. Levels of Service
The Independent Contractor shall perform inter-hospital, inter-facility, non-emergent ambulance services 24 hours per day, 365 days per year, within the corporate limits of the City of Springfield, the City of Eugene, their contractual jurisdictions, and within the
boundaries of Ambulance Service Areas 4 & 5 assigned to the Cities of Eugene and
Springfield, respectively, under the Lane County Area Service Plan. The medically
appropriate level of service must be provided without regard to the patient’s status or ability to pay costs.
Non-emergency scene calls are defined by the International Academy of
Emergency Dispatch (IAED), Medical Priority Dispatching Software (MPDS) as Omega,
Alpha, and Bravo calls. ESF reserves the right to adjust service levels provided by the contractor with a 90-day
written notice. Furthermore, the Independent Contractor agrees to contact CLCC to have
an ESF unit deployed upon being contacted for a call beyond its defined scope of work.
1. Critical Care Transports (Ground CCT)
a. Description
The Independent Contractor shall provide Ground Critical Care Transport
(Ground CCT) services from the three hospitals within Ambulance Service Areas
4 & 5. The Independent Contractor’s responsibilities will include being available
for ground ambulance transport services for Ground CCT seven (7) days per
week, twenty-four (24) hours each day. The medically appropriate level of service
must be provided without regard to the patient’s status or ability to pay costs.
Eugene Springfield Fire supports the mode of transportation best for the patient.
Eugene Springfield Fire holds no authority to regulate air ambulance transport;
this type of transport is regulated by Oregon Health Authority (OHA) and the
Federal Aviation Administration (FAA).
b. Scope of Work
i. As defined by the Standing Medical Orders and Treatment
Protocols under which the Cities of Springfield and Eugene
operate, a Ground CCT is defined as follows:
ii. Applies to inter-hospital transfers of critical patients that have a
time-sensitive condition that need to be transported
immediately, and where out-of-hospital time should be
minimized
iii. Requires a Paramedic and a Registered Nurse certified in
medical and trauma critical care that may:
Start/maintain saline drip
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Provide advanced airway management to the following
patients: o Intubated patients o Respiratory distress patients that may require emergency CPAP/BiPAP
o Patients on ventilator
iv. Medications
Administer and maintain med drips and may bolus meds
beyond Eugene Springfield Fire protocols/standing orders
v. Cardiac patients:
Stable/unstable rhythms
ST Segment STEMI
Active chest pain with ongoing dynamic ECG changes
Potential need for manual defibrillation and cardiovert
Patients requiring external pacing and/or external pacing already in place
vi. OB Transfers (stable/unstable)
Acute high risk labor/delivery may be imminent
F. Deployment Plan
The Independent Contractor shall be required to develop and maintain a current
deployment plan for the CCT level of service. The Independent Contractor’s deployment plan shall meet the following requirements as outlined in its response:
Independent Contractor will ensure 24-hour coverage and an adequate number
of ambulances to meet demand
Independent Contractor will adhere to minimum staffing requirements and staff
medical licensure levels as outlined in Section S. 3.
Independent Contractor will maintain its 24-hour system status management strategies to deploy or redeploy resources to meet performance requirements
Independent Contractor will meet the demand for non-emergency CCT
ambulance response during peak periods and during unexpected periods of
unusually high call volume
Independent Contractor will use callback crews on an as-needed basis for periods of unusually high call volume or in the event of a disaster.
G. Amendments to Deployment Plan
Proposed changes to the deployment plan must be submitted to the City’s Contract Administrator 30 days in advance of the proposed change unless the 30-day advance
notice is waived by, and at the sole discretion of, the Eugene Springfield Fire Chief.
However, the Independent Contractor shall immediately amend its deployment plan and
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redeploy ambulances or add ambulances if directed to do so by the Fire Chief following
a failure to meet response time or other performance requirements. The Independent
Contractor shall provide the City’s Contract Administrator a copy of any amended
deployment plan as approved by the Fire Chief.
H. Deployment or Redeployment of Resources
Notwithstanding any deployment plan, the Independent Contractor shall deploy or
redeploy ambulances as necessary at times of unusual call volume or when ESF, at its sole discretion, deems it necessary to avoid a degradation of the regional EMS system.
I. Resources
The Independent Contractor is required to provide transport services within the contracted ASAs with its own resources. The resources must be stationed so that the
Independent Contractor is able to meet the response timelines specified. The
Independent Contractor may not utilize, in any manner, ambulance resources from
other agencies within its deployment plans. All ambulance resources specified in the
deployment plan must be the Independent Contractors, and must comply with all specifications herein. Exception: CCT may use a local provider of ambulance services
to provide ground transportation.
J. Operations Requirements
1. Response Times Definitions
For the purposes of calculating response times, the following definitions and
measurements shall apply:
a. Non-emergency facility transfers will be Ground CCT
transports where the pick-up location is a medical facility.
b.Hospital transfers will be Ground CCT transports where the
pick-up location is a hospital.
c. A pre-scheduled non-emergent transfer is a transfer that has been arranged 24-hours before transport.
d.A wait and return will be defined as a pick-up from a facility or
hospital, transporting to a different facility or hospital and
waiting on scene for the patient to be treated, and then
returning the patient to the original facility or hospital.
NOTE: The Cities, through their Central Lane Communication Center (CLCC), may update, refine and/or alter dispatching protocols including priorities and codes.
Any update, refinement or change will not change response performance
requirements.
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The Independent Contractors’ official timekeeper for all calls for service under
this contract shall be Eugene Springfield Fire. The Independent Contractor must
keep time data and submit a response report to Eugene Springfield Fire on a
monthly basis. The data shall be provided in Excel or CSV format. ESF shall be the sole determinant if Independent Contractor has met response time
requirements as outlined in Statement of Work J. 2. Table 3.1.
Dispatch times shall be determined as follows:
Scene Calls. For calls that originate outside of a facility that are triaged using the
IAED MPDS at Omega, Alpha, and Bravo. For Scene calls received by CLCC,
the time the call is dispatched by CLCC shall be considered the “dispatched” time
for all Scene calls. The time the ambulance arrives on scene shall be considered
the response time.
Unscheduled Transfers. For Unscheduled CCT calls received by Independent
Contractor, the time the request for transfer is dispatched by Independent
Contractor shall be considered the “dispatched” time for all unscheduled CCT
calls. The time the ambulance arrives on scene shall be considered the response
time. If in the event the party requesting service indicates a specific “time for
pick-up”, the call shall be considered a Scheduled Transfer if the call is more than
24-hours prior to the requested time for pick up.
Scheduled Transfers. For all Scheduled Transfers (Timed) calls, the “time for
pick-up” shall be considered the “dispatched” time. Any time exceeding a zero
(00:00:00) response time shall be considered a late response. For example, a
Scheduled Transfer for pick up at 14:00:00 hours should have a 14:00:00 hours dispatch time. If the arrival time of the transporting ambulance is 14:00:01 hours
or greater, it will be considered a late response.
2. Response Time Requirements
The maximum allowable response times for all service levels are as follows:
Table 3.1 Response Times by Type and Zone
Zone1 (inside
cities of
Eug/Spfld)
Zone2 Zone 3 Zone 4
Scene Calls 20:00 min 30:00 min N/A N/A
Unscheduled Inter-facility 30:00 min 45:00 min 60:00 min 120 min
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Scheduled Transfer
(Timed)
Scheduled
time of pick-
up
Scheduled
time of pick-
up
Scheduled
time of pick-
up
Scheduled
time of pick-
up
**Note, there are not any hospital facilities within Zones 3 and 4
3. Failure to Meet Response Time Requirements a. Response times are critical to patient care. The Independent Contractor is
expected to meet or exceed the required response times to every call and failure to
do so will result in liquidated damages as provided in the contract paragraph 19.
In addition, failure to meet the response times in Zone 1 at least 90% of the time or within any zone 80% of the time will result in additional liquidated damages as also provided in the contract in paragraph 19.
b. The Independent Contractor must make every effort to minimize
fluctuations in response time performance according to time of day, day of the week, or week of the month. In addition, the Independent Contractor shall not under serve any one area within the ASAs.
4. Response Time Exemptions
It is understood that unusual circumstances and conditions beyond the Independent Contractors’ reasonable control can produce response times that
exceed the standards. If the Independent Contractor believes that any run or group
of runs should be excluded from the response time standards, a written request
must be made ESF’s Contract Administrator. Any requests for exemption from
response time standards shall be made with the monthly Response Time Reports. If no such request is received by the deadline required herein, no such request will
be considered in compliance calculations. ESF has the sole discretion to exempt
any call and is not obligated to do so for any reason. Situations in which
exemptions may be considered include:
a. Dispatch Services
Language Barrier
Incorrect Address
b. Provider Services
Adverse weather and/or road conditions
Vehicle problems
c. System
Hospital divert
Response area obstacles (e.g., limited access, barrier devices).
5. Use of Mutual Aid
The Independent Contractor may utilize mutual aid from third parties in cases of
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extraordinary high call volume and only if no ESF resource is available as
determined by the Cities. Requests for mutual aid from third parties must follow
Central Lane Communications dispatching policies and protocols.
K. Dispatch Requirements
Communications Center
The Independent Contractor is required to establish a local non-emergency contact
number. For non-emergency CCT pre-scheduled transfers, the Independent Contractor must provide its own dispatch services using call taking and dispatching personnel that meet or exceed Oregon standards and training for telecommunication personnel. All
requests other than non-emergency CCT pre-scheduled and inter-facility transfers
received by the Independent Contractor must be immediately transferred to 9-1-1 Central
Lane Communications. Likewise, 9-1-1 Central Lane Communications will transfer any non-emergency CCT pre-scheduled transfer requests to the Independent Contractor. All calls transferred to Independent Contractor by 9-1-1 Central Lane Communications, will
be assessed a Thirty Three Dollars and 77/100 ($37.77) plus 20% handling fee per call
for Fiscal Year 2019, and adjusted annually thereafter.
L. Equipment and Supplies
Communications Equipment
The Independent Contractor must have and maintain in good operating condition portable
and mobile communications equipment as specified by ESF. The Independent Contractor will be financially responsible for all costs associated with implementing, upgrading, and making changes required by ESF.
M. Medical Equipment and Supplies
1. Specifications and Coordination: The Independent Contractor must equip all of its ambulances with supplies and equipment necessary to carry out CCT care
in accordance with OAR 333-255-0070. The Independent Contractor’s
equipment and supplies must meet or exceed the Oregon Health Authority,
Trauma and EMS Division requirements and the City’s supply and equipment requirements. The Independent Contractor will be provided an ongoing opportunity to participate in the development and revision of the equipment and
supply specifications.
2. List: The Independent Contractor must provide a list of equipment and supplies
used on its ambulances and the Cities may require the Independent Contractor to replace any equipment or supply that does not meet requirements or the Cities’ specifications.
3. Exchange: The Independent Contractor will be required to provide and
maintain its own equipment and will not rely on exchanges from the Cities or
Region 5 Training Association unless a separate agreement is reached. 4. Logistics: The Independent Contractor is responsible for the purchase of all supplies and equipment, and maintaining the cleanliness and adherence to
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infection control procedures for all equipment and transport units.
N. Ambulances
1. Quality: All ambulances in service in ASA 4 & 5 shall be in good working
order and appearance. Vehicles or equipment that ESF reasonably determines to
have cosmetic or physical deficiencies that may negatively impact customer perception shall be removed from service and either replaced or repaired
without undue delay.
2. Specifications: All ambulances must be licensed as required by the Oregon
Health Authority, Trauma and EMS Division and must meet or exceed the requirements set forth in ORS 682.051 to 682.991 and OAR 333-255-0060, in
addition to the requirements herein.
3. Color, Markings and Warning Devices: All proposed markings and color
schemes shall be submitted to and approved by the Cities prior to implementation and the Independent Contractor may be required to change
markings and color schemes if required by the Cities at any time.
4. Fleet Size: The Independent Contractor is required to maintain a fleet size
capable of handling not less than 100% of proposed peak deployment in ASA 4 & 5. Neither the Cities’ nor mutual aid resources may be considered part of the
Independent Contractor’s fleet.
5. Maintenance: The Independent Contractor shall maintain all ambulances and
equipment in a manner to achieve the highest standard of safety, reliability, and appearance. All personnel utilized to maintain vehicles and equipment must be
properly trained, certified, and knowledgeable. Any vehicle or equipment
utilized by Independent Contractor in providing services that are reasonably
found by ESF to have any deficiency that may compromise function, must immediately be removed from service.
6. List: The Independent Contractor shall at all times maintain a current list of
ambulances (including reserve units), to include license number, vehicle
identification number, name and address of any applicable lien holder and shall make the list available to ESF immediately upon request.
O. Disaster Preparedness
The Independent Contractor shall actively participate with Eugene Springfield Fire in its
disaster planning and response process to include but not be limited to:
1. Participating in training programs, exercises, and planning sessions as required by the Cities; and
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2. Developing response plans for multi-casualty, or disaster situations providing
for seamless integration of, and adherence to, Eugene Springfield Fire
guidelines and policies.
P. Committee Participation The Independent Contractor shall designate appropriate personnel to participate in the
Central Lane Medical Control board and other committees at the request and discretion of the
Fire Chief. The Fire Chief shall have the authority to reject, limit or remove persons
designated. The Independent Contractor shall not be a voting member unless a Lane County ASA holder.
Q. Standby and Event Coverage
Under routine circumstances the Independent Contractor will not participate in any standby or event coverage unless specifically requested to do so by ESF.
R. Career Development
Independent Contractor is strongly encouraged to work closely with the City in its efforts to attract a culturally diverse workforce and to ensure economically disadvantaged youth are exposed to the opportunities in emergency response professions. While working closely with
the local school districts and Lane Community College, our goal is to introduce young men
and women to emergency response-related careers.
S. Personnel and Clinical Standards
1. Staff, General The City expects that Independent Contractor’s provision of services shall
conform to the highest clinical and professional standards. In doing so, the
Independent Contractor shall comply with all applicable City, County, State, and
Federal laws, regulations and standards regarding the provisions of services. All persons employed by the Independent Contractor shall be competent in the
performance of their duties, hold and maintain applicable and valid
certificates/licenses/accreditations in their respective roles or profession. The
Independent Contractor shall be held accountable for employee performance,
licensing and actions. The Independent Contractor shall cooperate and submit to individual and corporate investigations requested by the City.
2. Command and Control Structure
The Independent Contractor must be NIMS (National Incident Management
System) compliant throughout the duration of their contract with the Cities.
3. Ambulance Staffing
The Independent Contractor shall staff ambulances with the following minimum
staffing:
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GROUND CCT 1 Paramedic, 1 Nurse
When operating an ambulance, all personnel must meet the applicable
requirements of ORS 682.051 to 682.991 and OAR 333-255-0070. All personnel
staffing ambulances must be licensed, in good standing, with the Oregon Health
Authority, Trauma and EMS. The Independent Contractor must use reasonable
efforts to hire and retain personnel with bilingual skills, especially Spanish.
4. Management and Supervision
The Independent Contractor will provide the management and supervision
necessary for effective oversight, and administration of ambulance transport
services. At least one field supervisor, with current credentials and clinical field experience, shall be on duty or on call at all times in order to oversee or provide
support to field personnel as necessary. This person shall be available on scene
within 45 minutes. In addition, the contract administrator named by the
Independent Contractor in its proposal may not be changed without approval of
ESF. Approval will not be unreasonably withheld. 5. Uniforms and Appearance of Personnel
The Independent Contractor’s ambulance personnel shall wear clean, professional
uniforms. All shirts, trousers, jackets, and shoes must be approved by the
Battalion Chief of EMS.
6. Competence and Professionalism of Personnel
Professional and courteous conduct and appearance is required at all times from
the Independent Contractor’s personnel.
7. Personnel Training
a. Orientation of Employees
The Independent Contractor must ensure that all employees have been properly
oriented before being placed on transporting ambulances. The orientation shall include but not be limited to: overview of the Eugene Springfield EMS system;
applicable policies, procedures, orders and protocols (to include HIPAA and
infection control); all communications; navigation, mapping, hospital routes;
ambulance equipment utilization and maintenance. Orientation curriculums must
be pre-approved by Eugene Springfield Fire’s EMS Training Coordinator prior to implementation. The Independent Contractor must maintain documentation of
compliance with these requirements.
b. Training Records
All personnel training records must be provided to the city within 24 hours of request.
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T. Medical Direction
The Independent Contractor must at all times contract with a local Medical Director who
attends a minimum of 70% of the Central Lane Medical Control Board meetings, to act as
the Independent Contractor’s Supervising Physician for purposes of assigning and
monitoring the quality of care and providing pre-hospital emergency medical care and education. The terms of the agreement, including compensation, shall be negotiated and
entered into as an independent and separate agreement between the Independent
Contractor and whoever provides the medical direction.
U. Standing Medical Orders and Treatment Protocols
The Independent Contractor shall have standing medical orders and treatment protocols consistent with the ESF’s Standing Medical Orders and Treatment Protocols, except
Ground CCT. Standing medical orders and treatment protocols must be developed
cooperatively with the Central Lane Medical Control Board, except Ground CCT.
V. Work Schedules and Employee Affairs 1. The Independent Contractor shall have reasonable work schedules and
conditions. Patient care must not be hampered by impaired motor skills of
personnel working extended shifts, part-time jobs, voluntary overtime, and
mandatory overtime without adequate rest. 2. ESF expects that to attract and retain outstanding personnel, the Independent
Contractor must offer reasonable compensation. ESF in no way intends to
restrict the ingenuity of the Independent Contractor and its employees from
working out new and creative compensation (salary and benefits) programs. However, the Independent Contractor should not use sub-standard compensation levels in order to deliver economic efficiencies necessary to
profitably manage its agreement with the Cities.
3. ESF emphasizes that the Independent Contractor is responsible for conducting its affairs with its employees, including managing personnel and resources fairly and effectively in a manner that ensures compliance with the agreement. ESF
will not otherwise involve itself in Independent Contractor’s management or
employee relationships. The Independent Contractor is an independent
contractor and neither the Independent Contractor nor any of its employees are considered employees or agents of the City of Springfield or City of Eugene.
4. ESF shall, throughout the term of the agreement, have the right of reasonable
rejection and approval of staff assigned to the work by the Independent
Contractor. If ESF reasonably rejects staff, the Independent Contractor must provide replacement staff satisfactory to ESF in a timely manner and at no additional cost to the Cities.
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W. Conflict Resolution Process
Differences of opinion may arise during the delivery of services under this agreement.
For the purposes of this process, serious issues shall be defined as any issue which may result in civil or criminal charges. Other conditions which may violate the agreement
shall be considered not serious. Issues related to quality of care and treatment protocols
will be considered critical issues.
1. Not Serious Issues. 1. Incident reviewed by ESF and Independent Contractor 2. If ESF and Independent Contractor Management cannot reach a
resolution, the Fire Chief will make the final decision on resolution.
2. Serious Issues. 1. Incident reviewed by ESF and Independent Contractor 2. Incident reviewed by ESF’s Medical Director and Independent
Contractor
3. If ESF and Independent Contractor Management cannot reach a
resolution, the Fire Chief will make the final decision on resolution. 3. Critical Issues. 1. Employee shall be immediately removed from service delivery
2. Incident reviewed by ESF and Independent Contractor 3. Incident reviewed by ESF’s Medical Director and Independent Contractor 4. If ESF and Independent Contractor Management cannot reach a
resolution, ESF’s Medical Director will advise, and the Fire Chief will
make the final decision on resolution
X. Quality Improvement, Performance and Audit Programs 1. Quality Improvement Program The Independent Contractor shall, in conjunction with the Eugene Springfield Fire,
establish and carry out its comprehensive continuous quality improvement (CQI)
program. The CQI program will be an organized, coordinated, multi-disciplinary approach to improving patient care services and outcomes. Response times, customer satisfaction/complaints, system integration, performance measurement, identifying areas
of improvement, and identifying methods to implement and evaluate changes should all
be included.
2. Compliance and Audit Program The Independent Contractor shall establish and maintain a compliance and audit program
as recommended by the Office of the Inspector General for all Centers for
Medicare/Medicaid Services (CMS) programs applicable to ambulance transportation. In
addition, the Independent Contractor must provide prompt response and follow-up to inquiries and complaints from CMS, the Oregon Health Plan and Eugene Springfield
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Fire.
3. Quality Audits and Inspections
Eugene Springfield Fire representatives may at any time, and without notification, inspect the Independent Contractor’s operations directly related to services provided in the
agreement. This shall include, but not be limited to, CQI assessments, ambulances, repair
facilities, communication and administration facilities. In addition, Eugene Springfield
Fire representatives may ride as observers on any ambulance at any time.
Eugene Springfield Fire representatives may also audit all reports and data that the
Independent Contractor is required to collect, maintain or provide. Such audits will be
conducted during normal business hours with a minimum of 48-hours’ notice.
4. Data and Information Reporting The long-term success of any EMS system is predicated upon the ability to measure,
analyze, and report operational, clinical and administrative data. The Independent
Contractor shall be responsible for data input and reporting in a manner which facilitates
review by the Cities and any other entity authorized by law or contract to review data and
reporting. All systems and reports must comply with the ASA reporting requirements as well as City, State, and Federal data collection and reporting requirements.
5. Monthly Response Time Report
The Independent Contractor shall submit to ESF electronically monthly response reports
for each month. The following reports shall be received no later than 5 PM, five (5) business days after the final day of the month. The contact for this requirement will be
the Battalion Chief of EMS.
For each incident for which a response is dispatched, the monthly response time
compliance report shall include, but not be limited to:
Table 3.2 Monthly Response Time Reports
Field Detail
PCR Run
Number Run Number used by PCR/Billing
Trip Date Date of Call used by PCR/Billing
Vehicle (Radio
Designator) Radio Designator of Medic Unit
Call Type Type of Call used by PCR/Billing
Nature of Call Nature of Call used by PCR/Billing
CLCC CAD
Event Number Example: 17184206
Private Call?
(not recorded in Yes/No
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CAD)
Response
Priority
Response Priority (Code 1 or Code 3) used by
PCR/Billing
Response
Priority Change
Response Priority Change (Code 1 or 3) used by
PCR/Billing
Transport
Priority
Transport Priority (Code 1 or 3) used by
PCR/Billing
Transport
Priority Change
Transport Priority Change (Code 1 or 3) used by
PCR/Billing
Unit Location at
Dispatch
Please include any unit location at time of
dispatch geocoding data (such as Lat and Long,
etc)
Pick Up Facility
Name Pick Up Facility Name used by PCR/Billing
Pick Up
Location Type Pick Up Location Type used by PCR/Billing
Pick Up
Address 1 Pick Up Address 1 used by PCR/Billing
Pick Up
Address 2 Pick Up Address 2 used by PCR/Billing
Pick Up City Pick Up City used by PCR/Billing
Pick Up Zip
Code Pick Up Zip used by PCR/Billing
Pick Up (other
geocoding)
Please include any other geocoding data you
have for the pick up address, such as Lat and
Long, etc)
Drop Off
Facility Name Drop Off Facility Name used by PCR/Billing
Drop Off
Address 1 Drop Off Address 1 used by PCR/Billing
Drop Off
Address 2 Drop Off Address 2 used by PCR/Billing
Drop Off City Drop Off City used by PCR/Billing
Drop Off Zip
Code Drop Off Zip Code used by PCR/Billing
Drop Off (other
geocoding)
Please include any other geocoding data you
have for the drop off address, such as Lat and
Long, etc)
Crew 1 EMT
Level Crew 1 EMT Level used by PCR/Billing
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Crew 2 EMT
Level Crew 2 EMT Level used by PCR/Billing
PCR Outcome PCR Outcome
Loaded
Transport
Mileage Loaded Transport Mileage used by PCR/Billing
Call Date and
Time Call Date and Call Time used by PCR/Billing
Dispatch Date
and Time Dispatched Date and Time used by PCR/Billing
Enroute Date
and Time Enroute Date and Time used by PCR/Billing
At Scene Date
and Time At Scene Date and Time used by PCR/Billing
Transport Date
and Time Transport Date and Time used by PCR/Billing
At Destination
Date and Time
At Destination Date and Time used by
PCR/Billing
Available Date
and Time Available Date and Time used by PCR/Billing
Billing Level of
Service/Call
Type
Examples: A0428 BLS – Non-Emergency
Transport; A0427 ALS – Non-Emergency
Transport, Level 1
For calls canceled en-route, or reassigned en-route, the aforementioned items shall be
reported and any additional data necessary to calculate and verify response times as provided
in Statement of Work III. J. 2. Table 3.1.
The monthly response time report shall include all mutual aid given and mutual aid received
responses, including identification of the entity giving or receiving the aid.
Y. Non-Compliant Response Report
The Independent Contractor shall submit a monthly non-compliant response report electronically to ESF, no later than 5 PM, five (5) business days after the final day of the month. The contact for this requirement will be the Battalion Chief of EMS.
This report shall include all information outlined in Statement of Work III. J. 2. Table 3.1 for
all calls in which the response time requirements were not achieved separated into four distinct categories (Zone 1, Zone 2, Zone 3, and Zone 4).
Z. Incident Reports and Complaints
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The Independent Contractor will complete and submit to the City within 48 hours, or any
shorter time if required by the Fire Chief, incident reports for each action considered non-
conforming to policies and procedures and for any other incident if requested by the City.
Non-conforming incidents include, but are not limited to, ambulance accidents or vehicle failures while on a call, equipment failures, patient injuries, and patient or facility
complaints. A copy of all incident reports shall also be maintained on file at the Independent
Contractor’s administrative offices.
Incident reports must include but not be limited to the following information:
Date of incident;
Incident number if applicable;
Personnel involved;
Unit number if applicable;
A detailed narrative of the event; and
A narrative of corrective action taken.
AA. Quality Improvement Reports
Within fifteen (15) days following the end of each month, the Independent Contractor shall
provide a report in writing and electronically, summarizing quality improvement activities of
the previous month.
BB. Community and Public Information Report
The Independent Contractor shall provide a quarterly summary of all community education
and public information activities including a description of the activities, number of
attendees, and number of staff hours provided. The reports shall be received no later than 5
PM, five (5) business days after the final day of the months of March, June, September and December. The contact for this requirement will be the Battalion Chief of EMS
CC. Pre-Hospital Patient Care Reports
A patient care report (PCR) is required to be completed, and submitted as required, for all
patients for whom care is rendered. In order to facilitate system and quality improvement efforts, the PCR must meet with the state of Oregon requirements for pre-hospital care
reports. The Independent Contractor must provide a copy of a PCR within 24 hours of a
request. The Independent Contractor will cooperatively work with ESF to develop and
implement a PCR reporting system acceptable to both parties. In the event consensus is not
achieved, ESF may require the Independent Contractor to use whatever reporting system ESF uses. Costs associated with the development and implementation of the reporting system
shall be Independent Contractor’s responsibility.
NOTE: All electronic reports shall be a comma delimited CSV or EXCEL files unless
agreed to otherwise by ESF. Springfield’s secure FTP site shall be used if a report contains any information that is protected under HIPAA.
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DD. Record Requests
The Independent Contractor shall also complete, maintain, and if requested by the City,
provide access to or copies of the following records and reports (including supporting data if
requested) within fifteen (15) working days of the request.
Equipment failure records
Vehicle maintenance records
Patient account records
Deployment planning records
Continuing education and training reports
Office of Inspector General recommended Medicare Audit Compliance reports
EE. Community Relations and Customer Service
Community outreach and public education are essential elements of any effective EMS
system. The Independent Contractor must provide a written customer service plan that
includes how the Independent Contractor will handle and resolve complaints. A written description of community outreach activities planned for the calendar year must also be
included. Specifically, outreach and education activities at nursing homes, assisted living
facilities and hospitals should be addressed (at a minimum). All community activities that the
Independent Contractor participates in shall be approved by the Battalion Chief of EMS.
If the Independent Contractor or any of its employees create work that results in a copyright,
patent or any other protected intellectual property right, the Independent Contractor grants to
the City, or must obtain from its employee if necessary, a grant to the City of, a royalty-free,
non-exclusive and irrevocable right and license to reproduce, publish or otherwise use, and to
authorize others to use the work, or any part thereof, developed.
FF. Finance and Administration 1. Business Office, Billing and Collection System The Independent Contractor will be responsible for all ambulance billing and revenue for
services provided by Independent Contractor’s ambulances and staff only. ESF will be
responsible for all ambulance billing and revenue for services provided by ESF resources. However, if the Independent Contractor so chooses, the Independent Contractor may negotiate billing services as a separate contract with the City of Springfield.
The Independent Contractor shall utilize a billing and collections systems that includes a
reporting system acceptable to ESF, is easy to audit, is HIPAA compliant, minimizes the effort required to obtain reimbursement from third party payers and is capable of electronically filing Medicare claims.
The Independent Contractor shall provide a local or toll free phone number for inquiries from
patients and third-party payers. This phone number will be included on all ambulance bills
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sent by Independent Contractor.
2. Ambulance Rates
The Independent Contractor may set its own rates for service subject to approval of the City
Manager(s). The Independent Contractor may charge no more than the following rates:
Current charges: Base rate $4,960; mileage $59.00/patient mile.
GG. Compliance with All Laws and Regulations and Reporting 1. Compliance The Independent Contractor must comply with all federal, state and local laws, regulations,
rules and procedures applicable to the provision of the services provided, including without
any limitation whatsoever the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 (HIPAA), and its implementing regulations; Oregon Revised Statutes chapter 682; Oregon Administrative Rules Chapter 333 divisions 250, 255, 260 and 265; and
Oregon Administrative Rules Chapter 847, division 035, and Oregon Occupational Health &
Safety Administration (OR-OSHA). The Independent Contractor must also obey all
provisions of the Lane County Ambulance Service Plans and ordinances applicable to ambulance Independent Contractors (except response time reporting for which ESF will be responsible).
The Independent Contractor must also comply with all provisions in this request for proposal
and nothing in the foregoing shall be construed to allow the Independent Contractor to not comply with any request for proposal requirement imposing additional or higher or stricter standards or requirements.
2. Reporting to ESF
The Independent Contractor shall notify ESF anytime the Independent Contractor or any of its employees are named or noticed in any administrative, civil or criminal proceeding. This notice shall be in written form and forwarded to ESF within five (5) working days of the date
the Independent Contractor or any of its employees become aware of any such claim or
notice.
The Independent Contractor shall also notify ESF anytime the Independent Contractor or any of its employees are audited by any regulatory authority. This notice shall be in written form
and forwarded to the ESF within five (5) working days of the date the Independent
Contractor or any of its employees become aware of any such audit.
The Independent Contractor shall notify ESF of the results of any proceeding or audit. This notice shall be in written form and forwarded to ESF within five (5) working days of the
resolution.
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DRAFTFireMed Ambulance Membership Program Terms of Agreement
By Joining FireMed, members agree to abide by the Terms of Agreement below.
DEFINITION: FIREMED is a voluntary ambulance membership
program operated by the City of Eugene, the City of Springfield,
and Lane Fire Authority, hereinafter referred to as FIREMED.
FIREMED is not insurance. It is in addition to any medical benefits
members may have. FIREMED will bill insurance or other coverage
for ambulance services that members may have and FIREMED is
entitled to all benefits paid for ambulance services rendered, up to
the total dollar amount of services incurred.
MEMBERSHIP BENEFITS: Membership covers applicable
patient out-of-pocket expenses for medically necessary
ground ambulance transportation to the nearest appropriate
hospital, provided by FIREMED within the FIREMED ambulance
service areas of the City of Eugene, City of Springfield, and
Lane Fire Authority. “Medically necessary ground ambulance
transportation” means that the patient must be transported to
a hospital for medically necessary services, and transportation
in any other vehicle could endanger the patient’s health.
MEMBERSHIP BENEFITS OUTSIDE OF LOCAL SERVICE AREA:
Other participating reciprocal ambulance providers may extend
member benefits to areas outside the FIREMED ambulance
service areas. These benefits are limited to the terms of
agreement in effect by the participating provider providing
services at the time benefits are used. Members who receive
reciprocal ambulance service from any other participating
provider are eligible for benefits offered by that provider, if the
member agrees to abide by the participating provider’s terms
of agreement. A current list of participating providers is on file
in the FIREMED business office and on the website: firemed.
org. FIREMED is not responsible for the type, level, or quality
of services provided by a participating provider nor is FIREMED
financially responsible for any costs or charges incurred by a
member from any other provider. Participating providers are
subject to change without notice. FIREMED is not responsible
for the withdrawal of participating reciprocal providers.
MEMBER RESPONSIBILITIES: Members pay an annual
membership fee and will assign and transfer to FIREMED all
rights and benefits for ambulance services from all insurance
policies, plans, or other benefit programs members may have,
including all rights in any claim or third party recovery, up to
the total dollar amount of services incurred, where FIREMED
provided ambulance services. Should any person covered
under this membership receive any payment for ambulance
services rendered by FIREMED, they will immediately forward
such payment to FIREMED. Members authorize the release of
medical and other information by or to FIREMED as necessary
for ambulance billing. Members agree to provide, when
requested, any or all information concerning insurance policies,
plans, third party recovery, or other benefit programs they may
have, and will cooperate and assist as necessary in any efforts
to bill and collect such ambulance reimbursements, including
the completion and submission of documents or claim forms.
MEMBERSHIP ELIGIBILITY: Residents of FIREMED’s ambulance
service areas are eligible to join by properly completing an
enrollment application available from FIREMED and by paying
the appropriate annual membership fee. FIREMED membership
includes all persons who are permanent residents of the same
single-family occupancy, non-commercial residence, living
within FIREMED’s ambulance service areas, living together as part
of a family unit, including domestic partners, but not to include
roomers or boarders. Membership benefits include household
members living in substitute care (e.g. nursing homes) in
FIREMED’s ambulance service areas. Others not included in this
definition are required to obtain their own separate membership.
The first person listed on the application form is the “Primary
Member.” Anyone who joins a household after the membership
goes into effect can be included under the membership from
the date the Primary Member notifies FIREMED of the addition.
Only those persons who meet the membership eligibility
requirements AND are listed in the membership record at the
time services are rendered are eligible for benefits.
DURATION: Membership coverage begins two business days
after acceptance of a properly completed application form
with payment, and extends for 1 year from date of issue.
TO THE MEMBER’S INSURANCE CARRIER (FOR MEMBERS WITH
INSURANCE): As a FIREMED member, I authorize use of a copy
of this agreement in place of the original on file at the FIREMED
office. I assign and authorize payment of benefits for ambulance
services directly to FIREMED, according to the FIREMED terms of
agreement and as itemized on claim forms. My membership fee
covers any applicable deductible, coinsurance, or co-payment
amounts and I expect the usual and customary ambulance
reimbursement on my behalf be sent directly to FIREMED.
DISCLAIMER: FIREMED reserves the right to add, modify, or
delete any of the program terms and conditions completely or in
part. All interpretations of the membership terms and conditions
shall be at the sole discretion of FIREMED. Membership is non-
transferable and non-refundable. Persons who receive welfare,
Medicaid, Department of Medical Assistance Programs, or Oregon
Health Plan medical benefits need not be members in order to
have full coverage for services covered under these programs.
Any such membership constitutes a voluntary contribution only.
Violations of the terms of agreement may result in membership
revocation, forfeiture of benefits associated with membership
and an obligation to pay all balances in full.
FIREMED PLUS, LIFE FLIGHT NETWORK AIR AMBULANCE
OPTION: Life Flight Network air ambulance membership is
an optional coverage available for an extra fee. See Life Flight
Network membership brochure at www.lifeflight.org, or call
1-800-982-9299 for latest membership terms. If you or a family/
household member uses Life Flight Network emergency air
transport under medically necessary circumstances, Life Flight
Network will accept an insurance settlement (if any) as payment
in full. Related ground ambulance transport is covered when
provided by a FIREMED network reciprocal provider. Life Flight
Network flies patients based on medical need, not membership
status. Within the Oregon FireMed coverage area, emergency air
membership with Life Flight Network (LFN) is limited to transports
provided by LFN. You may be billed by air services provided by
other air emergency providers. Medicaid beneficiaries should
not apply for membership. Coverage begins 72 hours after
receipt of a properly completed application form with payment,
and extends for 1 year from date of membership enrollment.
A large print version of this text is available at firemed.org
or upon request. Revised 03/2016
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