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HomeMy WebLinkAboutItem 07 Correctional Health Partners Contract RenewalAGENDA ITEM SUMMARY SPRINGFIELD CITY COUNCIL Meeting Date: Meeting Type: Staff Contact/Dept.: Staff Phone No: Estimated Time: Council Goals: 9/20/2021 Regular Meeting Lt. Matt Neiwert 541-726-3729 Consent Calendar Provide Financially Responsible and Innovative Government Services ITEM TITLE: CORRECTIONAL HEALTH PARTNERS, LLC CONTRACT RENEWAL ACTION Authorize the City Manager to sign a new contract with Correctional Health REQUESTED: Partners, LLC ISSUE The current contract with Correctional Health Partners, LLC will expire on STATEMENT: September 30, 2021. A new contract is required to continue required health care services for incarcerated persons at Springfield Municipal Jail. ATTACHMENTS: ATTACHMENT 1: C2919 Correctional Health Partners - Draft DISCUSSION/ The City must provide basic medical, mental health, and dental services for persons FINANCIAL incarcerated at the Springfield Municipal Jail. Since October 2018, Correctional IMPACT: Health Partners, LLC (CHP) has effectively provided health care services at Springfield Municipal Jail. CHP's service model aligns health services to key standards identified by the National Commission on Correctional Health Care (NCCHC) and American Correctional Association (ACA). CHP provides on-site medical services 12 hours per day and on-call medical and mental health services 24 hours per day, with local operations managed by a full- time Registered Nurse who provides medical services and is the acting Health Services Administrator for the jail clinic. The proposed contract includes a full-time mental health professional position, which is expanded from a 32 to 40 hours per week position. The mental health position is currently vacant. The position's increased hours is intended to attract applicants in a highly competitive staffing market. The mental health professional position will provide support to individuals housed at the jail, as well as an expanded role regarding discharge planning for individuals with Springfield Municipal Court charges at high risk of reoffending due to mental illness and/or substance abuse. Until the mental health position is filled, CHP supports essential mental health services via on-call and tele -psychiatry and the City is charged only for mental health services provided. The proposed contract also includes costs to support an Electronic Health Records (EHR) system to transition jail clinic medical records to industry standards. The new CHP contract has a year one cost of $584,410 for October 1, 2021 through September 30, 2022, which incorporates a 3% cost of living increase, eight additional mental health hours per week, and HER related costs. The proposed contract cost has been budgeted within the SPD FY22 budget with levy funds. Costs for the second and third years include a 3% rate increase. The attached draft contract has had initial review by the Springfield City and is awaiting final vendor and Springfield City Attorney approval prior to execution. Staff requests Council grant the City Manager the approval to sign the final CHP contract for continued jail health services. CITY OF SPRINGFIELD INDEPENDENT CONTRACTOR AGREEMENT (Type 3: For Personal Services Contracts Requiring Professional Liability Insurance) Contract # 2919 Dated: October 1, 2021 Parties: The City of Springfield A municipal corporation in the State of Oregon Addi- A. B. C. D. E. F. G. H. T) Ac TE F� S; Pr Oi Fc CITY In con and cc 1. Sc de ("CITY") 3oard )rovisions i the services 2. Payment by CITY. CWshall pay Independent Contractor according to the sum and schedule described in Attachment 1 attached hereto and incorporated herein. Year 1: October 1, 2021 — September 30, 2022 not to exceed $584,410. Year 2: October 1, 2022 — September 30, 2023 not to exceed $601,943. Year 3: October 1, 2023 — September 30, 2024 not to exceed $620,001 A contingency of up to $7,500 per year is permitted for overages on the average daily population for pharmacy medication costs. This is not a commitment of funds, but a provision for unanticipated changes in average daily population. 3. Invoice. Invoice to be sent to: Accounts Payable - City of Springfield, 225 5th Street, Springfield, OR 97477 or email to ap(a)springfield-or.gov. Invoice will be paid on net 30 day terms upon City acceptance of goods Attachment 1, Page 1 of 30 delivered, work or services performed. The invoice must reference this contract #2919 and approval code #365. 4. Term. This Agreement is effective as of the date first set forth above and shall continue until September 30, 2024, unless earlier terminated in accordance with the provisions of this Agreement or by mutual consent of the parties. 5. Sourcing. Exempt profession pursuant SMC 2.708(3)(e) 6. First Point of Contact. Independent Contractor: Greg Lockman, greg.lockman(ab_chpdelivers.com, Pte: 720-612-6762 CITY: Lt. Matthew Neiwert, mneiwert(o-)springfield-or.goy, PH: 541-726-369JW 7. Independent Contractor Status. By its execution of this Agreement, Ind ent Contractor certifies its status as an "Independent Contractor" as that term is used under the larh X regon, and that all performance of any labor or services required to be performed by Indnder the terms of this Agreement shall be performed in accordance with the standar 00, and as more specifically set forth on Exhibit "A" attached hereto and incorpor erein be. 8. Conformance with Oregon Public Contracts Law (ORS ter 279) Independent C actor shall comply with all applicable provisions of Oregon law for p contract uding, but not limited to ORS 279B.110, ORS 279B.220, ORS 279B.225, ORS 27913.23 O B.235, and as more fully set forth on Exhibits "A" . "B" and "C" attached hereto and incorporate v this reference. 9. Work Performed. The work to be performed performed by Independent Contractor in his/h dent Con11Wr includes services generally One of busi 10. Tax duties and Liabilities. Independent Contr r shal le for all federal, state and local taxes, if any, applicable to any payments received purs t Agree t, including but not limited to income tax, payroll tax, social security^aployme CITY shall not withhold, pay, or in any other manner be responsible for payment ofbehalf ependent Contractor and as more specifically set forth in Exhibit C. 11. Reimbursement of Expos. InclIfiffI111111iij&LYshall not be entitled to reimbursement by CITY for any expenses incurred by on ss otherwise agreed in writing. 12. Materials and ndep t Contractor shall supply all materials and supplies needed to perform the service red u the reed in writing. 13. No Au y To Bind CIT epend�nt Contractor shall have no authority to enter into contracts on behalf of CITY, icers, agents an mployees. This Agreement shall not create a partnership or joint venture of any sort be the parties. 14. Federal Emplo St In the event payment made pursuant to this Agreement is to be charged against federal fun ndent Contractor hereby certifies that it is not currently employed by the Federal Government and the unt charged does not exceed Independent Contractor's normal charge for the type of services provided 15. Indemnification and Hold Harmless. The Independent Contractor shall assume all responsibilities for the work, and bear all losses and damages directly or indirectly resulting to the Independent Contractor, the City, or to others on account of the character or performance of the work, unforeseen difficulties, accidents, or any other cause whatsoever. The Independent Contractor shall assume defense of, indemnify and save harmless the City, its officials, agents, and employees from all claims, liability, loss, damage and injury of every kind, nature and description, directly or indirectly resulting from activities in the performance of the Contract, the ownership, maintenance or use of motor vehicles in connection therewith, or the acts, omissions, operations, or conduct of the Independent Contractor or any Subcontractor under the Contract or any way arising out of the Contract, irrespective of whether any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, liability loss, damage or injury and irrespective of whether act, Attachment 1, Page 2 of 30 omission, or conduct of the Independent Contractor or Subcontractor is merely a condition rather than a cause of a claim, liability, loss damage or injury. The Independent Contractor shall not be liable for nor be required to defend or indemnify, the City relative to claims for damage or damages resulting solely from acts or omissions of the City, its officials, agents or employees. The absence of or inadequacy of the liability insurance required in section 16 below shall not negate Independent Contractor's obligations in this paragraph. 16. Insurance. 16.1. General Insurance. The Independent Contractor shall maintain in force for the duration of this agreement a Commercial General Liability insurance policy written on an occurrence basis with limits not less than $2,000,000 per occurrence and $3,000,000 in the aggregate for bodily injury or property damage. The policy will contain a "per project" Aggregate endorsement. tomobile Liability (owned, non -owned and hired) insurance with limits not less than $1,000,000 pe urrence shall be maintained. The City, its employees, officials and agents will be nam an Additional Insured where operations are being conducted related to this contract, on neral Liability policy as respects to work or services performed under this Agreementt that the death or bodily injury to persons or damage to property arises out of the fault e Ind ent Contractor or the fault of the Independent Contractor's agents, representativ o subcontra This insurance will be primary over any insurance the City may carry on its ow ependent Cont understands that CITY is a public entity subject to the requirements of regon Governmenta Claims Act, ORS 30.260 et seq. In the event that CITY'S financial tions or I' ilities are modi by any amendment to the liability limits imposed by the on Gov ntal Tort Claims Act, Independent Contractor agrees that the limits regarding liability n forth in this Section16.1 will be modified to conform to such limits. Independent Con nd CITY shall sign an amendment to this Agreement incorporating such mo kation. 16.2. Professional Liability. Independent r shall main force during the duration of this Agreement (and, if it is a claims made 'c ar follow mpletion of the project) a professional liability policy written on a s m ith Ili is not less than $5,000,000 per occurrence and $5,000,000 aggregate. Inde a ctor shall furnish certificates of such insurance to CITY. The Cl all be na addition insured on all policies of liability insurance. 16.3. Annually, Independe ntrac ill subm oss Run Report for the preceding 18 months. 16.4. Asbestos Abate (Only a able to c cts where asbestos maybe present) The Commercial Ge Liability all be w n on a form that meets the following criteria and must be ASBES PEC a. A full occurr or 16.5. 16.6 16.7. 16.8. b. occur form with at least a three-year (3) tail, or c e for a three-year (3) tail. W s' Comp ion. endent Contractor shall provide and maintain workers' ensation cove with 1 not less than $500,000 for its employees, officers, agents, or ers, as required pplicable workers' compensation laws as defined in ORS 656.027 and ORS 5(5). If Indepe Int Contractor is exempt from coverage, a written statement signed by Ind ent Contrac o stating the reason for exemption shall be provided to the City. Evide Insur Coverage. Evidence of the required insurance coverages issued by an insuranc tisfactory to the City shall be provided to the City by way of a City approved c of insurance before any work or services commence. Notice of Can Ilation or Material Change in Coverage. The certificate of insurance shall contain a requirement that the Insurance company notify the City 30 days prior to any cancellation or material change in coverage. If the approved insurance company will not provide this 30 day notice, the Independent Contractor shall provide written notice to the City contract manager within 2 calendar days after the Independent Contractor becomes aware that their coverage has been canceled or has been materially changed. The Independent Contractor shall either fax 541-726-3782 said notice or email it directly to purchasing@springfield-or.gov. 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) 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. Attachment 1, Page 3 of 30 16.9. 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. 16.10. Exception or Waivers. Any exception or waiver of these requirements shall be subject to review and approval from the City's Risk Manager. 17. Bonding. The Independent Contractor shall file with the CITY, no later than October 31, 2021, a Performance issued by a Bonding Company acceptable to the CITY in the amount of $50,000. 18. 19. 20. Termination. The performance of work under this Agreement may be terminated whenever for any reason CITY shall determine that such termination is in the b termination shall be effected by delivery to the Independent Contractor of a the extent to which performance of the work under the Agreement is termi a termination is effective. Upon delivery to the Independent Contractor of paragraph, the Independent Contractor and CITY shall, by agreemen a an modification to this Agreement governing completion of portionso 9 depende payment therefore by CITY. Rights In Data. All original written material, includingpro documentation originated and prepared for CITY pursua h property of CITY. The ideas, concepts, know-how, or tech Agreement by Independent Contractor personnel can be use appropriate. Material already in Independent Contractor's poss Independent Contractor outside the scope of >eement,from third parties, shall belong to IndependenContractor from developing materials which ar might be delivered to CITY pursuant to this Agrewritten materials developed under this Agreemen this section. � Confidentiality. During th employees, or contractor best efforts to maintain t performing services of the and handling of such inforr Attachment2 Attachment %Sur 21. Assigt/S rights, o of CITY. and any trans Contractor shal occurred. CITY, in whole or in part, erest of CITY. Any such of Termination specifying nd the date on which such L ermination under this priate written s work and de s, tapes, listingim9nd other Wt, shall become exclusively the Fred during the course of this .party in any way it may deem , independently developed by Wy obtained by Independent Contractor 1vshall not preclude Independent Wttheir similarity to materials which contractor shall not, however, use any Mals for others, except as provided in rmance Hftunder, Independent Contractor or its agent, fidential in ation. Independent Contractor agrees to use its tion and to inform each agent and employee o 1 t pertains to such information. Regarding the receipt ndent Contractor shall comply with the requirements of Exhibit D and orated herein by this reference. The obligations of Exhibit D and n of this Agreement and shall remain in perpetuity. pendeNrContractor shall not assign, sell, transfer, subcontract or sublet under this agreement, in whole or in part, without the prior written approval I shall relieve Independent Contractor of any obligations of this Agreement, :tor shall be considered the agent of Independent Contractor. Independent between the original parties to this Agreement as if no such assignment had 22. Successors In Interest. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties to this Agreement and their respective successors and assigns. 23. Compliance With All Government Regulations. Independent Contractor shall comply with all Federal, State and local laws, codes, regulations and ordinances applicable to the work performed under this Agreement. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for termination of this Agreement. Damages or costs resulting from noncompliance shall be the sole responsibility of Independent Contractor. 24. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any provision of this Agreement, Independent Contractor shall pay such additional sums as the Court may adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any appeal. Attachment 1, Page 4 of 30 25. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. CITY may terminate this Agreement upon written notice after determining such delay or default will unreasonably prevent successful performance of the Agreement. 26. Assistance Regarding Patent And Copyright Infringement. In the event of any claim or suit against CITY on account of any alleged patent or copyright infringement arising out of the performance of this Agreement or out of the use of any material furnished or work or services performed hereunder, Independent Contractor shall defend CITY against any such suit or claim and hold CITY harmless from any and all expenses, court costs, and attorney's fees in connection with such claim or suit. 27. Severability. If any provision of this Agreement is declared by a court to be ill the validity of the remaining terms and provisions shall not be affected; and parties shall be construed and enforced as if the Agreement did not conta i invalid. 28. Access To Records. CITY and its duly authorized represE papers and records of Independent Contractor which are di of making audit, examination, excerpts and transcripts. 29. Waiver. Failure of CITY to enforce any provision of this relinquishment by CITY of the right to such performance provision of this Agreement. 30. Amendments. The terms of this Agreement amended in any manner whatsoever, without Agreement shall bind either party unless redu Court. 31. Nondiscrimination. Independ State civil rights and rehabilital 32. Americans with Disabill'' provisions of the America! the Rehabilitation Act of 1 33. 34. full faith anNCity make thos of the City. funds by th appropriated, payme constitute a default u PIR in conflict with any law, hts and obligations of the rticular provision held to be books, documents, 1knt for the purpose R6t constitute a waiver or of the right to enforce any other modified, supplemented or �No modification of this by both parties, or ordered by a Ty with all applicable requirements of Federal and ulations. Pent Contractor will comply with all applicable 42 USC Section 12101 et seq. and Section 504 of shall not be compensated for work performed under this contract =y which is a party to this contract. cbon of VIECity to make payments beyond June 30, 2022 is subject to annual nt th unds are appropriated to make those payments for a given fiscal year, the ;ity ' ledged to the payments for such fiscal year. The obligation of the City to iotff red by the unlimited taxing power of the City and is not a general obligation to make those payments in any year is subject to future appropriation of the fiscal year in which the payment is due. In the event that funds are not so ill not be made. The failure to make a payment due to non -appropriation shall not this Agreement. 35. 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. Attachment 1, Page 5 of 30 36. 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: Name: Title: Date: F-� Attachment 1, Page 6 of 30 EXHIBIT "A" INDEPENDENT CONTRACTOR STATUS Independent contractor states and represents that contractor is an independent contractor as that term is defined in Oregon Revised Statute 670.600 and more specifically represents, states and agrees that in providing the services and scope of work specified in this contract: 2 3 a 5. Independent contractor provides services for remuneration; and Independent contractor is free from direction and control over providing the services and scope of work subject only to the ri desired results; and Independent contractor is customarily engaged in an i and Independent contractor is licensed within the which a license is required under ORS ChaDtA other licenses or certificates necessary to Independent contractor complies with at least (a) A business location is ml of City; or is in a portion of the i primarily for the business. eans and manner of City to specify the blished business; Oregon to provid�services for 70i�nd is response for obtaining e or scope of work; and the following requirements: the business or work location nce and that portion is used risk of loss related to the provision of services price contract, defective work is required to be d or indemnification agreements, liability and omissions insurance are provided. es for two or"More different persons or entities within a twelve obtained, or routinely engaged in business advertising, solicitation, Lreasonably calculated to obtain new contracts to provide similar vestment in the business has been made such as purchasing tools or it premises or facilities where services are provided, paying for licenses, ized training. !ses authority to hire other persons to assist in providing their services and has to fire those persons. Independent contractor will immediately inform City in the event that it fails to conduct its services in one or more particulars as represented in I through 5 above. Attachment 1, Page 7 of 30 EXHIBIT `B" City of Springfield Public Contracts Conformance with Oregon Public Contractors Laws Pursuant to Oregon law, every public contract shall contain the following conditions: 1) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. ORS 27913.220(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, muni, 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. OI (4). 5) If the agreement is for lawn and landscape maintenance, it shall contain a condition yard waste material at an approved site, if feasible and cost-effective. ORS 27913.2 recycle, compost or mulch 6) Promptly, as due, make payment to any person, copartnership, association or co n furnishing medical, surgspital care services or other needed care and attention, incident to sickness or injury, to the emplo contractor, of all sums that actor agrees to pay for the services and all moneys and sums that the contractor collected or d OFthe om the wa of employees under law, contract or agreement for the purpose of providing or paying for the services. All a rs shall com�h ORS 656.017. ORS 27913.230. 7) A person may not be employed for more than 10 hours in any one day, or 402e week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases is 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 11 b) For all overtime in excess of 10 hours in a Monday through Friday; and c) For all work performed on Saturday and on An employer must give notice in writi^279B. who on the contract, or by posting a noticuenl employees may be required to wor )-(2) 8) If the agreement is for perso ices, the c overtime worked in excess urs in any 653.010 to 653.261 or under . 201.J 9) Contracts for work perforn exc4is empin a279If this agreem 10) Make payment contract. ORS Pay all contributions contract. ORS 279C any one we the work week is five consecutive days; or 11iLin any on when the work week is four consecutive days, 27913.020. contract, either at the time of hire or before commencement of work of the number of hours per day and days per week that the contain a ion that the employee shall be paid at least time and a half for all or in duals under personal services contracts who are excluded under ORS �Vie. ORS 279B.235(3). contain on that requires that persons employed under contracts shall receive at least time and half pay for lidays in a collective bargaining agreement or in ORS 279B.020(1)(b)(B)-(G) and for all time worked in or in e 40 hours in any one week, whichever is greater. Employer shall give notice in writing to o r servi er at the time of hire or before commencement of work on the contract, or by posting a notice mp of the n hours per day and days per week that the employees may be required to work. ORS oveme a contract shall contain the following conditions: due persons supplying to the contractor labor or material for the performance of the work provided for in the due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the 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). Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279C.505(1)(d). The contractor shall demonstrate that an employee drug testing program is in place. ORS 279C.505(2). 15) If the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or subcontractor by any person in connection with the public improvement contract as the claim becomes due, the proper officer or officers representing the state or a county, school district, municipality, municipal corporation or subdivision thereof, as the case may be, may pay such claim to the person furnishing labor or services and charge the amount of the payment against the funds due or to become due the contract by reason of the contract. If the contractor or first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a contractor, the contractor or first-tier Attachment 1, Page 8 of 30 16) 17) 18) 19) 20) 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. The payment of a claim does not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. ORS 279C.515(4). 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, For all work performed on Saturday and on any legal holiday specified in ORS An employer shall give notice in writing to employees who work on a public contract either at the on the contract, or by posting a notice in a location frequented by employees, of the number of l� employees may be required to work. ORS 279B.520(2). A If the agreement is for personal services, the contract shall contain a provision overtime worked in excess of 40 hours in any one week, except for individuals 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. OR! Contracts for services must contain a provision that requires that persons work performed on the legal holidays specified in a collective bargainin€ excess of 10 hours in any one day or in excess of 40 hours in any one we ENVIRONMENTAL MATTERS: In compliance with O agencies have enacted ordinances or regulations relating which may affect performance of SUB contracts. This is ordinances or regulations that may apply. If the Contractor is delayed or must undertake additional Contract or due to enactment of new or theamaudment o resources occurring after the su the work itself; use non -agency solicit quotes for a new contract employed on the project and regulations referred to under FEDERAL AGENCIES 279C.520(1). e or before commencement of work and days per week that the time and a half for all are excluded under ORS and half pay for FC.540(1)(b)(B)-(G) and for all time worked in An employer shall give notice in writing to hent of work on the contract, or by posting a notice the employees may be required to work. ORS that the following federal, state, and local or the preservation of natural resources icies. Other agencies may have enacted Rkisting-9Wces, rules or regulations of agencies not cited in the ordinances, rules or regulations relating to the prevention of natural ;ting agency may, at its discretion, terminate the Contract, complete require that the underlying property owner be responsible for cleanup, the Contractor a change order setting forth the additional work that id documents, not caused by the Contractor or any subcontractor and the condition requires compliance with the ordinances, rules or y notify SUB of the condition. Department of Labor Occupational Safety and Health Administration Mine Safety and Health Administration Department of Transportation Federal Highway Administration Environmental Protection Agency Department of Agriculture Department of Human Services Department of Energy Department of Environmental Quality Department of Fish and Wildlife Department of Forestry Department of Geology and Minerals LOCAL AGENCIES Common Council, City of Springfield Environmental Services, City of Springfield Board of Commissioners, Lane County Lane Regional Air Protection Agency Willamalane Park & Recreation District Rainbow Water District Land Conservation and Development Commission Division of State Lands State Soil and Water Conservation Commission Water Resources Department Oregon Department of Transportation Planning Commission, City of Springfield Development Services Department, City of Springfield Planning Commission, Lane County Springfield Utility Board Springfield Downtown & Glenwood Urban Renewal Districts Attachment 1, Page 9 of 30 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) Attachment 1, Page 10 of 30 EXHIBIT C OREGON TAX LAWS COMPLIANCE AND CERTIFICATION A. Contractor's Compliance with Tax Laws. 1. Contractor must, throughout the duration of this Contract and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of this state. For the purposes of this Section, 'tax laws" includes all the provisions described in Subsection B. 1. (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.1. 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 consti a material breach of this Contract. Any violation shall entitle City to terminate this Contract, to pursue and recover a all damages that arise from the breach and the termination of this Contract, and to pursue any or all of the remedies a e 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 in an amount equal to State's setoff right, without penalty; and A C. Initiation of an action or proceeding for relief. City shall be entitled to recover any and all damages suffered including but not limited to direct, indirect, incidental and conseque securing [replacement Services/replacement Goods/ a replacement c These remedies are cumulative to the extent the i singly, collectively, successively, or in any order B. Contractor's Representations and Warranties. Contractor represents and warrants t0joft 1. Contractor (t est of calendar years preceding the [Closir with: A and 318; Contractor's I performed by goods, service otherwise dl Wowing to Contractor, rformance, declaratory or injunctive ontractor's breach of this Contract, costs of cure, and costs incurred in may pursue any remedy or remedies knowle after due inquiry), for a period of no fewer than six NNjjL%L r/effective date of] this Contract, faithfully has complied including but not limited to ORS 305.620 and ORS chapters 316, 317, )ns irrTosed by a political subdivision of this state that applied to Contractor, to or income, or to Contractor's performance of or compensation for any work ins imposed by a political subdivision of this state that applied to Contractor, or to )le 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. Attachment 1, Page 11 of 30 EXHIBIT "D" Protected Information 1. "Protected Information"shall be defined as data or information that has been designated as private or confidential by law or by the City. Protected Information includes, but is not limited to, employment records, medical records, personal financial records (or other personally identifiable information), trade secrets, and classified government information. To the extent there is any uncertainty as to whether any data constitutes Protected Information, the data in question shall be treated as Protected Information until a determination is made by the City or proper legal authority. 2. Data Confidentiality, Independent Contractor shall implement appropriate meas esigned to ensure the confidentiality and security of Protected Information, protect against any antic, zards or threats to the integrity or security of such information, protect against unauthorized acces isc of information, and prevent any other action of unauthorized disclosure that could result in sub tial bar City or an individual identified with the data or information in Independent Contractor's cu,& or access. To the extent that Independent Contractor may have access tc C' defined in the privacy regulations promulgated pursuant to th 1996 (HIPAA), as amended, and the implementing regulatio Enforcement Rule and Breach Notification Rule, referred to he agrees to protect such information in compliance with HIPAA an( has the processes, systems and training to assure cA�pliance with health same is $ortability and AdFountability Act of Fed to as Privacy Rule, Security Rule, y as "HIPAA"), Independent Contractor that it 3. Data and Network Security. Independent Con r times to am commercially reasonable network security that, at a minimum, includes: ork visio ing, intrusion detection/prevention and periodic third party penetration testing. Likewi dep t r agrees to maintain network security in accordance with its Information Sec rogram w incorporate the National Institute of Standards and Technology ("NIST") as Indepe ctor's sta best practices, including those at: h :Hchecklists.nist.gov/re . Inde ent Con r agrees to protect and maintain the security of da protecti ecurity me s that include maintaining secure environments that are patched and up to d th all appr unty up s as designated by a relevant authority. 4. Security Breach. In the unli of a security ch or issue, Independent Contractor will notify the appropriate Cit no late one hour after they are aware of the breach. Independent Contractor will be responsible ction ary to correct the breach; provided however, that Independent Contractor will not ke lig-!. ehalf City without prior written consent. 5. nd RackMIL I endent ontractor agrees that any and all City data will be stored, processed, and maintai ely on designate rvers and that no City data at any time will be processed on or transferred to any portable or computing e or any portable storage medium, unless that storage medium is in use as part of the Independe tractor' gnated backup and recovery processes. All servers, storage, backups, and network paths utilized in iv ed the service shall be contained within the states, districts, and territories of the United States unless spreed to in writing by an City officer with designated data, security, or signature authority. An appropriate officer rth 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 Personally Identified Information in accordance with NIST guidelines. 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 further agrees that no City data of any kind shall be revealed, transmitted, exchanged or otherwise passed to Attachment 1, Page 12 of 30 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. 10. 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 Anent or within 7 days of the request of an agent of City whichever shall come first. Mandatory Disclosure of Protected Information. If Independent regulation (including securities' laws) to disclose any Protected Info provide City with prompt written notice so that City may seek an a remedy. If a remedy acceptable to City is not obtained by the da with the request, Independent Contractor will furnish only tha legally required to furnish, and the Independent Contracto req Information to exercise commercially reasonable effo keep compelled by law or r Contractor will irder or other or must comply i tion that it is Information confidential. ontractor and City acknowledge Remedies for Disclosure of Confidential Information. I2ages that unauthorized disclosure or use of the Protected Informirreparably damage City in such a way that adequate compensation could not be ob from da ction at law. Accordingly, the actual or threatened unauthorized di sclosur d ation shall give City the right to seek injunctive relief restraining such unauth e se, i tion to any other remedy otherwise available (including reasonable alto s'fees)nt ontractor hereby waives the posting of a bond with respect to any action for ct' ie . endent Contractor further grants City the right, but not the obli enforce isions in Independent Contractor's name against any of Independent Contra es, offic oard members, owners, representatives, agents, contractors, and subcon s violat he above visions. 11. Non -Disclosure. Iiq employees, authorize( provided that all such 12. 13. disclose Confidential Information to its and auditors on a need to know basis only, and auditors have written confidentiality lW all perform criminal background checks on all talent assigned to Ilow o work on any of the City's Criminal Justice Information System systems or facilities. For access to any area where CJI information is nt Contractor's employees shall possess Level 4 certification. ffty obligations shall survive termination of any agreement with Independent ten (10) years or for so long as the information remains confidential, whichever to the benefit of City. Type 3 Independent Contractor Agreement for Personal Services Page 24 of 24 Attachment 1, Page 13 of 30 JAN 2019 Attachment 1 Statement of Work Purpose of Project: Correctional Health Partners (CHP) will provide health care services, including medical, urgent dental and mental health services and related administrative services for arrestees and inmates incarcerated at the Springfield Municipal Jail. Non -arrestees being held for public intoxication do not fall under the medical staff is onsite, they will provide first aid/emergency support if needed until first scene. Non -arrestees held for intoxication will not receive an intake screen) medical services under this contract. Desired Outcomes/Project Objectives Deliver quality medical, urgent dental and mental hea services, for the Springfield Municipal Jail facility in and populated correctional facilities. • Health care services will be in compliance with applicab regulations, and general compliance with correctional health care, to include Nation standards and the American Correctional I • Provide health services whereby arrestees legally defensible and med safety of arrestees and incl • To maintain accurate rem • To maintain a written i • To maintain an open, col'M management. • To opei inmate' City of Springfie spy 1. Provide adcqM by ORS 169.0 2. Provide security, 0 of CHP. If CHP medical ers arrive on detox services, or other to as health care ustry standards of like sized , state and local guidelines, laws, L by accrediting agencies for Skonal Health Care (NCCHC) edical treatment that is cost effective, not demonstrate indifference of the health and analyze health statistics on a regular basis. objectives, policies, and procedures. ;en CHP and Springfield Municipal Jail staff and in a professional manner with respect for the arrestee's and ities for services rendered at the Springfield Municipal Jail, as required nd limitation of inmate movement in and around medical service areas. Provide basic trainin7fegarding facility access, radio usage, evacuation procedures, fire safety, inmate management, jail management system application, and other facility safety procedures, as they apply to medical and mental health staff. 4. Provide access to accurate and timely information regarding arrestees and inmates through the jail management system application, including completion of an initial security intake screening. 5. Provide access to accurate and timely notification of inmate medical requests. 6. Provide radio communication, computers, printers, fax machine, business telephone services for medical -related business use. 7. City computers are maintained by the City Information Technology Department (IT). Any installations or changes to applications, computers or related equipment must be approved by IT prior to installation. C2919 SOW Page 1 of 10 Attachment 1, Page 14 of 30 Attachment 1 Statement of Work 8. Make jail staff available to receive training related to health care services, as necessary. SUPPLIER Responsibilities In accordance with this Agreement, CHP shall: 1. General A. Develop and employ health care services that support a coordinated system for health care delivery in accordance with ORS 169.076, with a focus on cost containment without compromising the quality of services deemed medically necessary. B. Maintain staffing schedule and coordination of non -emergency an rgency medical, urgent dental and mental health services to Springfield Municipal Jail es and inmates. Emphasis shall be placed on health care to meet inmates' serious med' de nd mental health care needs. Specific staffing services are detailed in section 4 ical an al Health Staffing. C. Provide a qualified health care professional to adminis ealth care to in s. The qualified health care professional will review and approve all ies and procedures ding health services provided to inmates and have the gene sponsib' ' or the succes ful delivery of health care for the facility. D. Recruit, interview, hire, train and supervise all healt aff to meet the requirements of the health services plan. All staff providing rvices must b quately credentialed in the State of Oregon, comply with all applicable Or ssional p act regulations, be able to pass a criminal background check, and compl al ity an epartment documentation, processes, and training. E. Work cooperatively with oth dical an health a encies to develop partnerships in care and treatment alternativ in cust and discharge after care planning. F. Maintain a complete roper ical rec on each inmate who receives health care in the facility. In the eve ctronic cal record used, they are maintained in accordance with applicable regulati0 d b rds. i. Upon mutu ment between City and Supplier, an Electronic Health Records (EHR) ill be to track all medical, behavioral health, and associated conditions, reatm ns, and appointments for each individual housed in the Springfield Municipal acilit e EHR system should comply with NCCHC standards concerning ical records and have the ability to encrypt or otherwise protect medical ecords that y be electronically transferred in order to meet Federal and State laws on ical c entiality. City computers accessing the EHR system are subject to City se policy requirements; City owned computers with EHR system access are to re within City owned facilities unless otherwise authorized. G. Attend regular scheduled meetings with the Lieutenant of Jail Operations or Chief of Police to review the health service program and provide the opportunity for planning and problem resolution. Regularly scheduled meetings include, at minimum: i. Informal daily meetings between CHP and Springfield Municipal Jail staff, as required. ii. Monthly meetings between the facility Health Services Administrator and the Springfield Municipal Jail's Lieutenant of Jail Operations, as required. iii. Quarterly meetings between CHP leadership, facility Health Services Administrator, and Springfield Municipal Jail Lieutenant of Jail Operations and/or Chief of Police, as required. C2919 SOW Page 2 of 10 Attachment 1, Page 15 of 30 2. H J K. L. M N. O P. Attachment 1 Statement of Work iv. Participate in annual supplier business reviews, at the City's sole discretion. The supplier business review is used to perform governance and performance measurement and will entail surveying city staff and supplier staff using the following evaluation metrics — Service Quality, Reliability, Issue Resolution, Strategic Fit, Adaptability/Flexibility, Value and Overall Performance. Communicate with the jail sergeants and/or Lieutenant of Jail Operations regarding any issues and/or unusual incidents, at earliest possible opportunity, with consideration to criticality. Comply with all applicable federal, state and local guidelines, laws, rtions, and be generally compliant with accrediting agencies for correctional health care, t k*dce National Commission on Correctional Health Care (NCCHC) and American Correctional .ation (ACA) standards. Comply with and assist City in complying with the Prison Ra imi Act (PREA) and any subsequent requirements mandated by law, including bu o imited to ntion, detection and response, investigation, treatment, referral to mental providers, an in g. CHP staff must complete approved PREA training prior to pr g services to arreste d inmates at the Springfield Municipal Jail. In the event of a business process change, prop o ro hanges are defined and developed in a mutually agreeable process between CHP and Identify and define any process perfor by jail staff r ng medical staff notification (i.e. contacting after hours on call). Provid procedu d training to jail staff. Provide reports identifying the number ma an eral categorization of the type of health services provided, on a monthly b . A g can be supported, upon data availability. Cooperate with the City' w of cl s and/or complaints. CHP staff will appear attend investig s and related proceedings where staff testimony or assistance is dete ed to be irpd or re ted by the City. Identify any facility or P may require of the City. i. Citv owns e edical and office equipment. Q. CHP9 evalua r the purchase of supplies or equipment over $100 per item, which oval and direct payment by the City, as outlined in below IW d Mental Health Services Costs of this Statement of Work. on site facility evaluation at least once per year. Results from i the Lieutenant of Jail Operations or Chief of Police. Medical and Ur al Services A. Provide a mid -I provider or physician who is licensed to practice medicine in the State of Oregon and shall be responsible for the facility's medical services. B. Provide onsite services and oversite via a Health Services Administrator (HSA) with an Oregon licensed registered nurse or equivalent. C. Provide medical care services, to include sick call, clinic care, physical examinations and urgent dental services to arrestees and inmates at the Springfield Municipal Jail. D. Provide medical supervision and establish medical polices & procedures for the following medical services, at minimum: i. Initial intake screening, 1. Arrestees and inmates brought into the facility when medical is not on site will have the intake screening reviewed during the next shift. C2919 SOW Page 3 of 10 Attachment 1, Page 16 of 30 Attachment 1 Statement of Work ii. Rejection criteria, iii. 14 Day Health Assessment, iv. Medical evaluation and treatment, v. Medical exams, vi. Medical screening, vii. Medical call requests and sick call care, viii. Medical rounds and clinic care, ix. Segregation rounds, x. Diagnostic services, A. Referrals (treatment specialist, health care facility, evaluations, etc.) xii. Pharmaceutical and medication administratio rd xiii. Intoxication or withdrawal, xiv. Communicable and infectious diseases 1. Blood borne pathogen expos xv. Pregnant arrestees/inmates, xvi. Chronic illness and special needs inmate xvii. Suicide prevention protocol ubject to app k xviii. Special dietary requireme service, xix. Discharge planning for seri hea xx. Emergency dental evaluation, atm xxi. Emergency sere' nd resp n, xxii. Records ma atment, psychiatric ures, the Lieutenant of Jail Operations, rge after care planning, xxiii. Confident' of med informa 2. On-call 24/7 c tation. E. Maintain adequate al uarantee emergency and non -emergency medical needs are met. F. Oversee nec prescription medications and over-the-counter medications for arrest nd inm i. Prescriptio dica s shall be prescribed by an authorized licensed provider. Establish a ess to ensure arrestees/inmates receive verified medications, approved the CHP vider, within 24 hours of being booked into the facility. iii. ical s all administer medications. iv. In mstances, arrestees and inmates personal critical medications may be admi ered if not available at the time of the next dose. Medical staff shall verify the validity of prescription medications obtained from arrestees and inmates, as appropriate. v. Maintain medications in accordance to best practice principles. vi. Routinely inventory medications in accordance to best practice principles and audited in accordance with applicable laws and regulations. vii. All unused medications and pharmaceuticals available for pharmacy return shall be returned for credit, as permitted. viii. Utilize generic medications to be substituted for brand name medications whenever possible. ix. Maintain and track pharmacy budgetary costs. C2919 SOW Page 4 of 10 Attachment 1, Page 17 of 30 G H J. K. L. M N. Attachment 1 Statement of Work x. Alert jail sergeants and/or Lieutenant of Jail Operations of inmates with high cost medication needs and/or any medications requiring pre -approval from jail sergeants and/or Lieutenant of Jail Operations, as outlined in below paragraph 6 D. Medical and Mental Health Services Costs. Supply medications for inmates transferred to another facility, ranging from 1 to 3 days of supply, depending on the facility receiving the inmate. Sufficient advanced notice to CHP of transfer may be required to supply such medications without violating pharmacy dispensing regulations. CHP and the City will jointly establish a process for timely notification of transf at allows ordering and receiving of medications. In accordance with state and local regulations, assume respon or handling and disposal of medical and contaminated waste, including needles, syring d aterials used in the treatment of inmates. Evaluate, recommend, and arrange for laboratory ser ' as approved b ingfield Municipal Jail sergeants and/or the Lieutenant of Jail Operati his includes specim Ilection and delivery to the appropriate laboratory for proces As requested by the City, screen and/or vaccinat ste d inmates for communicable diseases, including but not limited to TB, HIV, Hepa Coronavirus, Meningitis, STD, and Ectoparasites. Provide training and reference docum detention rs to allow them to adhere to health services policies and procedures, as n d. Review jail policies and procedures, an ke r ons regarding health services management to the Lieute Jail Op and/or C ief of Police. When medical staff is o e eme cy medical services in case of an emergency or disaster to include b limited triage, fi id, resuscitation of the critically injured, and coordination of dir ff-site m I rpfprrals When medical staff -sit our minutes to medical emergencies with the appropriate s the patient's condition and determine the course of treatment. If capabilities, provider will notify onsite jail sergeants and/or the 0quest transfer to another site and will specify the mode of quest transfer will be under constant care by medical service 3. Mental Health A. Provide ❑C h services to ensure inmates have access to care for inmates with serious mental healMWess. Provide a licensed, qualified mental health professional responsible for mental health services. The mental health professional is in-person, on-site five days a week, 8 hours per day. i. Tele -psychiatry may be used in the event in-person services are temporarily unavailable. ii. In the event in-person services are unavailable, a jail sergeant or the Lieutenant of Jail Operations will be notified as early as possible. iii. The mental health professional will also support mental health services for Springfield Municipal Court outlined in section 4 below. Regularly monitor all arrestees/inmates who are segregated from the general population for psychiatric reasons. C2919 SOW Page 5 of 10 Attachment 1, Page 18 of 30 Attachment 1 Statement of Work E. Provide a process to assess and screen incoming and current arrestees and inmates, to identify those at greater risk for self -harm, offer remediation strategies for emergent mental health issues, and to offer individual counseling, as appropriate. F. Consultation with jail staff to determine appropriate housing. G. Provide suicide prevention training for medical and jail staff, as requested by the Lieutenant of 2 K. L. Jail Operations or Chief of Police. Provide oversight of mental health services and establish polices & health services in the following areas, at minimum: Initial intake screening, Rejection criteria, Suicide watch protocols, iv. Mental health evaluation and treatment, as screening or subsequent inmate behavior,, v. Referral and discharge after care planni Mental health services are appropriately lin 1 Communicate concerns regarding mental health Provide emergency mental healthluation, trE Coordinate psychological testing al 4. Mental Health Services —Springfield Mun A. Provide focused discharasi6lannina Municipal Court ch M 1 xiv ures for the mental to initial intake to ensure h jail staff. nd discharge after care planning. W required. ngfield Municipal Jail, with Springfield illness and/or substance abuse issues. and establish a priority listing to receipt of referral Co vidence-based short screening tool (for ex. GAIN -SS) 4inta a files and related database re a riate releases of information Pr Ong counseling and medication support where indicated Mai contact with community service providers, family and significant others Main contact with defense attorneys and prosecutors as needed Sub roposed discharge plans to the court ObIlaborate e referral material and establish appointments with community providers to inmate release with CAHOOTS and other providers to provide transportation and after-hours support as needed Participate in Springfield Mental Health Collaboration Meetings and the Lane County Mental Health Summit Meetings Develop a working understanding of the forensic system and the adult mental health system, programs, policies and procedures in order to complete discharge plans which meet best practice standards Maintain regularly -scheduled work hours Responsibilities: i. Responsible for determining whether referred persons who have mental illness/substance abuse issues have family members, caseworkers, medical C2919 SOW Attachment 1, Page 19 of 30 Page 6 of 10 Attachment 1 Statement of Work providers, or other service providers who are available to assist in the discharge plan. Responsible for developing successful transition plans involving community resources for persons with mental illness and/or substance abuse issues including, but not limited to, mental health treatment programs, residential drug or alcohol treatment programs, dual diagnosis treatment programs, sober living homes, supportive housing programs, and any other appropriate resource. Responsible for creating and maintaining relationships with community agencies providing services to persons with mental illness o stance abuse issues. Responsible for maintaining effective working re ships with jail staff and court personnel. Other responsibilities to be assigned by a 5. Medical and Mental Health Staffing A. CHP will provide on-site services according to th The weekly staffing plan and related Any hours worked in excess of the weekly the City. The mid-level provider and Specific shift hours will be kly staffing plan g plan will result in no additional cost to B. Staffing positions include: i. A Registered Nurse (RN) acting as the Health Services Administrator (HSA) and primary medical services contact for the clinic. The HSA position will be staffed at 40 hours per week and available 24/7 for consultation. C2919 SOW Page 7 of 10 Attachment 1, Page 20 of 30 Attachment 1 Statement of Work ii. Licensed Practical Nurses (LPNs), are staffed at 52 hours a week. iii. An Oregon licensed physician (MD or DO) will be available on-call, for consultation with the medical provider or the mental health professional, as needed, but has no weekly onsite hours scheduled. iv. Mid -Level Provider — Physician Assistant - Certified (PA -C) or Nurse Practitioner (NP) will provide midlevel medical provider support and is staffed at 12 hours per week. 1. The midlevel medical providers will be primarily responsible for writing prescriptions, performing physical exams, and me diagnoses, with support from the CHP Physician. The mid-level provide serve as the Medical Authority at the site level. v. Licensed Professional Counselor (LPC) or Licen lin ocial Worker (LCSW) will provide mental health services 40 hours per C. CHP is responsible for staffing all shifts with an in al with a licens qual to or exceeding the applicable staffing position identified in the g plan. i. CHP will make best efforts to meet t ekly sta plan identifie in section 5.A. In the event unplanned or unpredicted s is ccur, the following minimum weekly staffing will be maintained: 1. A minimum of 12 ho er day, sev s a week of on-site medical services. 2. 40 hours of on-site rvices by dividual with a licensure equal to or greater experience t a Nurs 3. A Mid-level provider t ovid urs to fulfill the role as an informed Medical ity at th 4. Ment vices i amount to provide support as requested by medical &/ tention ff, or up mate request. ii. In the CHP is to hire onnel and/or fulfill the staffing plan, CHP will: 1. c efforts and provide monthly updates, at minimum, to the nt of Jail Operations. ora modified staffing plan that provides essential medical and i%eery as well as adheres to NCCHC and ACA standards. The ry m led staffing plan will be mutually agreed upon by both CHP and tenant of Jail Operations. i staffing hours that are not fulfilled will be communicated to the int of Jail Operations on a weekly basis. The City will be credited for the of staffing (total budgeted hours less filled hours, including temporary D. The CHP Chief Medical Officer (CMO), or their CHP Medical Director designee, will act as the licensed physician that oversees the facility's medical services. i. The CHP CMO or Medical Director designee will also oversee an annual competency review with the mid-level medical provider, as well as an annual performance enhancement review. E. At the written request of the City Manager, Chief of Police or Lieutenant of Jail Operations, health services staff must be replaced with a different employee with demonstrated qualifications and experience as required to successfully perform such duties. Such requests will be made for cause. C2919 SOW Page 8 of 10 Attachment 1, Page 21 of 30 Attachment 1 Statement of Work F. Any significant changes to entire staffing positions or schedule must be communicated in advance and receive approval by the Lieutenant of Jail Operations or Chief of Police. G. The Parties agree that during periods of vacancy for the scheduled providers (physician, medical, or psychiatric mid-level providers), CHP may utilize telemedicine and telepsychiatry methodology for temporary coverage only until such vacancy can be filled. Telemedicine and telepsychiatry methods will comply with all relevant federal, state and local laws governing this practice. 6. Medical and Mental Health Services Costs A. Medical and mental health services described in the State Work shall not exceed $584,410.00 annually or $48,700.84 monthly, for the firs r o ontract. Subsequent years' contract amount shall be increased by 3% eac e r. i. In the event staffing plan not fulfilled resulti a service redu CHP to perform reconciliations in the month following a monthly invoice accordingly, as appr hours credited by month, position, ass issued, at minimum. The overall invoice the previous three month cry. Term 10/01/21— 09/30/22 10/01/22 - 0<andm 10/01/23-0 9uuiLa dar quarter and will AWdited on the next ations will include the number of f credit by position, and total credit e net of the current month charges less 71700.84 Monthly* ,410 1,943 ,001 50,161.92 51,666.75 may vary due to pharmacy medication costs, as outlined in sections 6.0 below. B. M , ment th, a ent dental services provided by an offsite provider are idered "outsi rvice nd will be billed directly to and the responsibility of the City. Ae services in e: ervices pr ed by an individual and vendor not employed by CHP (i.e. hospitals, ulancices, specialist providers, dentists). Outside services can be services re 0 or off the jail facility location, by mutual agreement of the City and CHP. C. Pharmacy ation costs are included in the monthly cost for CHP services based on an ADP of 48, at $25 per inmate per month (PIPM). If the ADP exceeds 48 for three months, the City of Springfield will be invoiced for the overage costs. The overage charge would be $25 PIPM for ADPs exceeding 48. Rare, high-cost medications related to the following conditions are excluded by CHP: Hepatitis C, HIV, Cancer, Hemophilia, and biologic medications. Use of excluded pharmacy medications must be pre -approved by the Lieutenant of Jail Operations or Chief of Police and paid for by the City of Springfield. D. Medical and office supplies with a cost of $100 or less are included in the monthly cost for CHP services. Medical supplies that are over $100 must be pre -approved by jail sergeants or the Lieutenant of Jail Operations and paid for by the City of Springfield. Items purchased by the City would remain the City's property. C2919 SOW Page 9 of 10 Attachment 1, Page 22 of 30 Attachment 1 Statement of Work Talent Title/Certifications Talent Hours/week Hourly Rate Registered Nurse Health Services Administrator*, Registered Nurse or Licensed Practical Nurse 40 $52.07 Nurse Practitioner/Physician's Assistant* 12 $82.55 Licensed Practical Nurse 5iff $35.56 Licensed Professional Counselor/Licensed Clinical Social Worker Aff $44.45 Physician*eded, AL 1 7r/we N/A *on call 24/7 V City Project Manager Lt. Matthew Neiwert, mneiwert SUPPLIER Project Manager Greg Lockman, greg.lockma Annette Coggins, Annette.0 C2919 SOW Page 10 of 10 Attachment 1, Page 23 of 30 Correctional Health Partners BUSINESS ASSOCIATES AGREEMENT Confidential This Agreement is made and entered into as of this —day of , 2021 by and between CORRECTIONAL HEALTH PARTNERS, LLC ("CHP") and CITY OF SPRINGFIELD, OR ("Business Associate"). Capitalized terms used but not defined in this Business Associate Agreement will carry the terms given to them in the Health Insurance Portability and Accountability Act of 1996, the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the "Privacy Regulations") and the federal security regulations contained in 45 C.F.R. Part 142 (the "Security Regulations"), as appljible. WHEREAS, Business Associate acknowledges that CHP has individual identifiable health information as defined by Health Insu14 Act of 1996, Pub. L. No. 104-191 ("HIPAA") and the regulations UjW WHEREAS, Business Associate and CHP are partie n agreement (the pursuant to which the fulfillment of the Parties' obligati ereundercessita access to, data including individual identifiable health in ion, AV NOW, THEREFORE, in consideration of the mutual the Parties agree as follows: 'ANN. - 1. 1. ANN.- 1.2. 1.3. 1.4. Terms used, but not i data that contains and Accountability lkr; and the eWhange of, or and covenants hereinafter contained, shall have the meanings set forth below. e same meaning as the term "business to the parry to this agreement, shall mean have the same meaning as the term "covered entity" at 45 to the parry to this agreement, shall mean the Covered ire" mean, with respect to Health Information, the release, transfer, divulging in any other manner of Health Information outside Business :ions or to other than its employees. "Electronic Pr7Wcted Health Information" means Protected Health Information that is received by Business Associate from or on behalf of the CHP, or is created by Business Associate for or on behalf of the CHP, or is made accessible to Business Associate by CHP, and is either transmitted by Electronic Media or maintained in Electronic Media. 1.5. "Health Information" means information that (i) relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual; (ii) identifies the Business Associates Agreement Name of BA Attachment 1, Page 24 of 30 Correctional Health Partners 2.1. Confidential individual (or for which there is a reasonable basis for believing that the information can be used to identify the individual); and (iii) is received by Business Associate from or on behalf of CHP , or is created by CHP , or is made accessible to Business Associate by CHP . "HHS Transaction Standard Regulation" means the Code of Federal Regulations ("CFR") at Title 45, Sections 160 and 162. "Individual" means the subject of PHI or, if deceased, his or her personal representative. "Parties" shall mean the CHP and Business Associate. may be referred to as a "Party".) "Privacy Rule" shall mean the Standards for Privac Information at 45 CFR Part 160 and Part 164, Subparts A "PHI" shall have the same meaning as the term "I limited to the information created or received by "Required By Law" shall have the same (e) (f) Secretary of the individually, Identifiable Health Pith information"A Associate from or on 1Z § 164.501, of the CHP. in 45 CFR §164.501. and Human Services or his Business Associate agrees as follows: 'disclose protected health information in a of 45 CFR Part 164 if done by CHP except and disclosures set forth below; lay use or disclose protected health information as required by , ntain,'W use appropriate safeguards to prevent use or disclosure of the to establisl� PHI other tha permitted herein; o reVeand tely to CHP any use, access or disclosure of the PHI not provided for by or any misuse of the PHI, including but not limited to systems which it becomes aware and to mitigate, to the extent practicable, any haat is known to Business Associate as a result thereof; to enaintain appropriate policies, procedures, and access control mechanisms to ensure that any agent, including a subcontractor, to whom it provides PHI received from, or created or received by Business Associate on behalf of CHP agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. The access and privileges granted to any such agent shall be the minimum necessary to perform the assigned functions; to make internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of, CHP available Business Associates Agreement Name of BA Attachment 1, Page 25 of 30 Correctional Health Partners Confidential to the CHP , or at the request of the CHP to the Secretary, in a time and manner reasonably requested by CHP or designated by the Secretary, for purposes of the Secretary determining CHP 's compliance with the Privacy Rule; (g) to document such disclosures of PHI, and information related to such disclosures, as would be required for CHP to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528; (h) to promptly notify CHP of all actual or suspected instances of deliberate unauthorized attempts (both successful and unsuccessful) to access PHI; (i) to maintain and enforce policies, procedures and processes to protect physical access to hardware, software and/or media containing PHI (e.g., hardcopy es, removable media, etc. ) against unauthorized physical access during use, storag sportation, disposition and /or destruction; (j) to ensure that access controls in place to protect P essing resources from unauthorized access are controlled by two -factor ide ation uthentication: a user ID and a Token, Password or Biometrics; (k) Make available protected health informa ' n a designate rd set to the "individual or the individual's designee" ecessary to satisfy C bligations under 45 CFR 164.524; (1) Make any amendment(s) to protected in ion in a designated record set as directed or agreed to by the CHP pu 45 CFR 164.526, or take other measures as necessary to sat' fy CHP 's ob ns under 45 CFR 164.526; 2.2. Disclosures Required By In the e th sines ociate is required by law to disclose PHI, Business Associate tr diatel e CHP with written notice and provide CHP an opportunity to oppose equ such or to take whatever action CHP deems appropriate. 2.3. Other Disclosur"visions. (a) Except as o united in thus Agreement, Business Associate may use PHI only to the le onsibilities of the Business Associate under the Service Agreement; (b) y for sclosure will be forwarded to the CHP or will be permitted only upon writ thori by CHP. 2.4. in Non-PI Use or Disclosure. Business Associate shall report to CHP each Use or Dis e thate by Business Associate, its employees, representatives, agents or subcon rs bpecifically permitted by this Agreement. The initial report shall be made by teleph P's Privacy Officer within three (3) business days from the time the Business As mes aware of the non -permitted Use or Disclosure, followed by a written report to the Pru acy Officer of CHP no later than ten (10) business days from the date the Business Associate becomes aware of the non -permitted Use or Disclosure. 2.5. Permissible Requests by CHP. CHP shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by the CHP. Business Associates Agreement Name of BA Attachment 1, Page 26 of 30 Correctional Health Partners Confidential 2.6. Policy and Procedure Review. Upon request, Business Associate shall make available to CHP any and all documentation relevant to the safeguarding of PHI including but not limited to current policies and procedures, operational manuals and/or instructions, and/or employment and/or third party agreements. ARTICLE 3 SECURITY 3.1 Business Associate agrees to: (a) Use appropriate safeguards, and comply with Sub CFR Part 164 with respect to electronic protected health informatio o prev e or disclosure of protected health information other than as pr d for by the ement; (b) In accordance with 45 CFR 164.502(e) and 164.308(b) applicable, ensure that any subcontractors that cre eceive, aintain, or tra 1t protected health information on behalf of the b s assoc' gree to the same restrictions, conditions, and requirements that app mess associate with respect to such information; and (c) Report to CHP any use or sure of prot ealth information not provided for by the Agreement of w es awar uding breaches of unsecured protected health informatio re 45 164.410, and any security incident of which it becomes re: ART4 HANG STAND TRANSMISSIONS 4.1. Obligations of the of t e agrees that for the PHI, (a) hang definition, data condition, or use of a data element or segment as proscribe e H nsaction Standard Regulation; it will not a data ments or segments to the maximum denied data set as proscribed in the HHS T action Standard Regulation; (c) t will not us y code or data elements that are either marked "not used" in the HHS Bard's i mentation specifications or are not in the HHS Transaction Standard's e n specifications; (d) it change the meaning or intent of any of the HHS Transaction Standard's imple ntation specifications. 4.2. Incorporation of Modifications to HHS Transaction Standards. Each of the Parties agrees and understands that from time -to -time, HHS may modify and set compliance dates for the HHS Transaction Standards. Each of the Parties agrees to incorporate by reference into this Agreement any such modifications or changes. Business Associates Agreement Name of BA 4 Attachment 1, Page 27 of 30 Correctional Health Partners 4.3. Business Associate Obligations. (g) Confidential Business Associate shall not submit duplicate transmissions unless so requested by CHP ; Business Associate shall only perform those transactions which are authorized by CHP . Furthermore, Business Associate assumes all liability for any damage, whether direct or indirect, to the electronic data or to CHP 's systems caused by Business Associate's unauthorized use of such transactions; Business Associate shall hold CHP harmless from any claim, loss or damage of any kind, whether direct or indirect, whether to person or property, arising out of or related to (1) Business Associate's use or unauthorized disclosure of the elec data; or (2) Business Associate's submission of data, including but not limited to Oubmission of incorrect, misleading, incomplete or fraudulent data; Business Associate agrees to maintain adequate back- create transmissions in the event that such recreations become necessary. -up to 11 be subject to this Agreement to the same extent as original data; Business Associate agrees to trace lost or cinherable trans ns and make reasonable efforts to locate and translate the associated with the recreation of in com loss is the result of an act or omission of Business Associate shall maintain genera general commercial liability, for a limit of no coverage as CHP may require ensate negligence. Business Associ 'd certificate of insurance and es t cancellation of such coverage; Business Associat ees to con HIPAA-AS Co to acco date Confidential �. Business Associates ear all costs st or in�herable transm ssions if such coverage, including coverage for 1 n one million dollars, as well as other any damaged by Business Associate's e evide such coverage in the form of a �(`HP i ediately of any reduction or g with CRP to ensure delivery of files that are CHP specific business requirements. (a) Proprieta n. Bus�Associate acknowledges that it will have access to c roprN ation used in CHP's business. CHP's proprietary information oe from the fact that it is not available to competitors or any third parties, of this information would or could impair CHP's competitive position ordice its ongoing business. Business Associate agrees to treat as confidential, shall not use for its own commercial purpose or any other purpose, CHP's roprietary i ation. Business Associate shall safeguard CHP's proprietary ormation inst disclosure except as may be expressly permitted herein. Such eta ormation includes, but is not limited to, confidential information concerning the operations or practices of CHP, including specific technology processes or capab es. ARTICLE 5 MISCELLANEOUS Business Associates Agreement Name of BA Attachment 1, Page 28 of 30 Correctional Health Partners Confidential 5.1. Indemnification. Each Party agrees -to indemnify the other for any damages, costs, expenses, or liabilities, including legal fees and costs, arising from or related to a breach of such Party's obligations hereunder. 5.2. Term and Termination. (a) 5.3. Term. The Term of this Agreement shall be effective as of the date first written above, and shall terminate when all of the PHI provided by CHP to Business Associate, or created or received by Business Associate on behalf of CHP is destroyed or returned to CHP , or, if it is infeasible to return or destroy PHI, protections ABusissociate such information, in accordance with the termination provisions in this Se Termination for Cause. Upon a material breach by of its obligation hereunder, CHP may (i) terminate this Agreement ce Agreement; and (ii) report any violation to the Secretary; Effect of Termination. (i) Except as provided in para Agreement, for any reason, Bu PHI received from CHP, or cre behalf of CHP. This provision of subcontractors or agents of shall retain no coniesAhh&PH upon terminate this p11 return or dest oy all r Business Associate on that is in the possession te. Business Associate (ii) In the event that BtWess term?iWs that returning the PHI is infeasible, Business ciat to CHP notification of the condition make re destruction infeasible. Upon CHP 's X oNte ction of PHI is infeasible, Business eappropriate safeguards and comply 5 art 164 with respect to electronic o prevent use or disclosure of the on, other than as provided for in this as long as business associate retains the protected health Business Associates Agreement Name of BA d limit further uses and disclosures of such PHI to those e the return or destruction infeasible, for so long as oc to maintains such PHI. Wrsy or claim arising out of or relating to the Agreement will be finally arbitration in accordance with the Commercial Arbitration Rules of the Association ("AAA"), except for injunctive relief as described below. 6 Attachment 1, Page 29 of 30 Correctional Health Partners Confidential 5.4. Injunctive Relief. Notwithstanding any_rights or remedies provided for in Section 5.3, CHP retains all rights to seek injunctive relief to prevent the unauthorized use of disclosure of PHI by Business Associate or any agent, contractor or third party that received PHI from Business Associate. 5.5. Re u�ry References. A reference in this Agreement to a section in the Privacy Rule means the section as in effect or as amended. 5.6. Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time to the extent necessary for CHP to comply with the requirements of HIPAA and its regulations. All amendments to this agreement shall be in writing and signed by both parties. 5.7. 5.8. 5.9. Survival. The respective rights and obligations of Business Associate 5.1 and 5.2(c) of this Agreement shall survive the termination of thW Limitation of Damages. Other than liabilities under Section other for any special, incidental, exemplary, punitive or c a result of any delay, omission, or error in the electronic pursuant to this Agreement, even if the other Part e damages. Interpretation. Any ambiguity in this Agreement the HIPAA Rules. stated above. Correctional Health Signature: Name: Title: �Aoa Business Associates Agreement Name of BA under Sections 4.5, shall be liable to the arising from or as ny information D lity of such to permit CHP to comply with Agreement as of the date first of Springfield, OR Attachment 1, Page 30 of 30