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.
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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.
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O
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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
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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