HomeMy WebLinkAboutItem 04 White Bird Clinic CAHOOTS ServicesAGENDA ITEM SUMMARY
SPRINGFIELD
CITY COUNCIL
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
Council Goals:
10/18/2021
Regular Meeting
Andrew Shearer
541-726-3729
Consent Calendar
Provide Financially
Responsible and Innovative
Government Services
ITEM TITLE: WHITE BIRD CLINIC CAHOOTS SERVICES CONTRACT
ACTION
Authorize the City Manager to sign a new contract with White Bird Clinic for
REQUESTED:
CAHOOTS services for Springfield and the Springfield Urban Growth Boundary.
ISSUE
The current contract with White Bird Clinic for CAHOOTS services will expire on
STATEMENT:
September 30, 2021. A new contract is necessary to continue contracted
CAHOOTS services
ATTACHMENTS:
ATTACHMENT 1: C2842 White Bird Clinic CAHOOTS - Draft
DISCUSSION/
The City of Springfield partners with Lane County to fund mobile crisis services
FINANCIAL
via White Bird Clinic's CAHOOTS (Crisis Assistance Helping Out On The Streets)
IMPACT:
within the City of Springfield and the Springfield Urban Growth Boundary. The
mobile CAHOOTS response team, comprised of a mental health care worker and a
medic, supports an essential need within the community with a primary goal of
diversion from hospitalization and incarceration through clinically appropriate
community-based support and services.
The Springfield Police Department, with support from multiple City departments,
has and will continue to work cooperatively with White Bird Clinic to optimize
delivery of CAHOOTS services to the community, as well plan for current and
future financial and program needs.
Through an existing partnership, Lane County funds 50% of the Springfield
CAHOOTS program materials and services costs through grant funding, while the
City will fund the remaining 50% of annual program costs. The City's 50%
contribution towards one year of CAHOOTS services totals $439,620, which
incorporates an annual 3% increase over prior contract rates. The City also fully
supports the CAHOOTS van vehicle maintenance and fuel expenses, with an
estimated annual cost of $11,000. The proposed contract has a total cost of
$450,620, which was budgeted within the Springfield Police Department's fiscal
year 2021-22 budget process and is supported by the City's general fund.
The attached draft contract has had initial review by the Springfield City Attorney
and White Bird Clinic administration and is pending final approval prior to
execution. Staff requests Council grant the City Manager the approval to sign the
final White Bird Clinic contract for continued CAHOOTS services.
CITY OF SPRINGFIELD
CONTRACT FOR SERVICES
Contract #2842
Dated: July 1, 2021
Parties: City of Springfield "CITY"
A Municipal Corporation of the State of Oregon
225 5t" Street
Springfield, OR 97477
and
White Bird Clinic "Contractor"
Additional Contractor Information:
a) Type of Entity: ❑ Sole Proprietorship ❑ Partnership
❑ Limited Liability Comp ❑ Corporation
❑ Domestic Non -Profit
b) Address: 341 E 1211 Ave, Eugene OR 97401
c) Telephone:
d) Fax No:
e) If Applicable, Listed among the Parties Excluded from Federal Procurement or Non -
Procurement Programs found at: https://www.sam.gov/portal/public/SAM/: ❑Yes ❑ No
City Account Number(s) To Be Charged (Include Percentages):
Account -N_ u_ mber................................................Percentaq.e........
100-06100 1166 6
_. ._
42001 fuel) 100%
100-06100-1166-650153 (services) _ 100%
In consideration of the mutual covenants contained herein, the parties agree to the following terms,
provisions and conditions, in addition to the terms and conditions in any attached addenda:
1. Services to be Delivered. Contractor shall perform the Services and deliver to the City the
Deliverables specified in Attachment 1. The Statement of Work (Attachment 1) includes the
delivery schedule for the Deliverables and Services. Contractor will perform the Services in
accordance with the terms and conditions of this Contract.
2. Payment by City. The maximum, not -to -exceed compensation payable to Contractor under this
Contract, which includes any allowable expenses, is $450,620 annually, as described in
Attachment 2. City will not pay Contractor any amount in excess of the not -to -exceed
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Attachment 1, Page 1 of 17
compensation of this Contract, and will not pay for Services performed before the Effective Date
or after the expiration or termination of this Contract. If the maximum compensation is increased
by amendment of this Contract, the amendment must be fully effective before Contractor
performs Services subject to the amendment. City will pay Contractor for only for completed
Deliverables and Services performed according to the schedule and rates in Attachments 1 and 2.
3. Expenses. City will not pay or reimburse any expenses incurred by Contractor during the
completion of the Services except as authorized in the Statement Work or elsewhere in this
Contract.
4. Term. This Agreement is effective as of the date first set forth above and will continue until June
30, 2022, unless earlier terminated in accordance with the provisions of this Agreement or by
mutual consent of the parties. This agreement may be extended for one (1) additional one-year
period upon executed written Amendment by both parties.
S. Vehicles and Equipment. City agrees to lease to Contractor up to two (2) modified passenger
vans at a rate of $1 per year, per van, for Contractor's use during the duration of this contract.
Vehicles and equipment will be provided in good working order, and Contractor agrees to return
the van and any other equipment the City agrees to provide Contractor for program use, in good
working order and general condition at the completion of the contract. City will provide necessary
fuel, maintenance and repairs of equipment, except Contractor bears any costs of any equipment
repair necessary due to deliberate, repetitive or grossly negligent acts by Contractor's employees.
Damage to vehicles by a collision will be processed by Contractor via insurance and will not be
covered by City unless agreed to in writing City will provide ongoing maintenance for the
equipment according to the standard maintenance schedule. Contractor must maintain the van so
that it is free of all hazards to inebriated occupants. All vehicle backing requires the use of a
spotter to avoid vehicle damage.
6. Invoice. City will pay Contractor's invoices on Net 30 day terms upon City acceptance of Services
performed and Goods delivered as stated in section 8. Contractor must send invoices to: Accounts
Payable - City of Springfield, 225 5t" Street, Springfield, OR 97477 or email to ap@springfield-
or.gov. The invoice must reference this contract #2842 and approval code #363.
7. Overdue Charges. Contractor may assess overdue account charges to City on unpaid invoices
only as stated in this section. Overdue account charges must be the same as the usual overdue
account charges to the general clientele of the vendor. Overdue claims are only those claims that
have not been paid within 45 days of: the date of the City's receipt of the invoice, the date of the
initial billing statement if there is no invoice, or the date the claim is made certain by agreement
of the parties or by operation of law. However, no overdue account charges will accrue on any
purchases made by City during time of civil emergency or in the event of a natural disaster which
prevents the timely payment of accounts. In such instances accounts shall be paid in as timely a
manner as possible. The date of the check or automatic funds transfer in payment of the claims
will be used to determine if the claim has been paid in a timely manner. It is a rebuttable
presumption that the check was correctly dated.
8. Rejection of Deliverables. If City determines that a Deliverable does not have the
characteristics or otherwise meet the acceptance criteria set forth in the Statement of Work in all
material respects, City will notify Contractor in writing of City's rejection of the Deliverable(s), and
describe in reasonable detail in such notice the City's basis for rejection of the Deliverable(s).
Within 21 days of receiving notice of non-acceptance, the Contractor must modify or improve the
Deliverables at Contractor's sole expense so that the Deliverable(s) meets the acceptance criteria
in all material respects, notify the City in writing that it has completed such modifications or
improvements, and re -tender the Deliverables to City. Within 21 days of Contractor's re -tender of
the Deliverable(s), City will review the modified or improved Deliverable(s). Failure of the
Deliverables to meet the acceptance criteria in all material respects after the second submission
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Attachment 1, Page 2 of 17
will constitute a default by Contractor. In the event of such default, Agency may either, (i) notify
Contractor of such default and instruct Contractor to modify or improve the Deliverables as set
forth in this Section, or (ii) notify Contractor of such default and pursue its remedies for default
provided for by law or the terms of this Contract.
9. Contractor's Representations. Contractor represents that:
9.1. Contractor has the authority to enter into and perform according to this Contract, and
that this Contract, when executed and delivered, is a valid and binding obligation of
Contractor that is enforceable according to its terms;
9.2. Contractor has the skill and knowledge possessed by well-informed members of its industry,
trade or profession and Contractor will apply that skill and knowledge with care and diligence
and perform Services in a timely, professional, and skillful manner according to standards
applicable to Contractor's industry, trade, or profession; and
9.3. Contractor is, and must be at all times during the term of this Contract, qualified,
professionally competent, and duly licensed to perform Services.
10. Sourcing. This contract includes health care professional services exempt from competitive
procurement under SMC 2.708(3)(e), and to the extent any services in this contract are not
exempt personal services, this contract is being awarded as a sole source procurement. (See Sole
Source Justification S2842).
11. First Point of Contact.
White Bird Clinic - Chris Hecht, checht@whitebirdclinic.org
City- Lieutenant George Crolly, gcrolly a Springfield-or.gov, PH: 541.744.4165
12. Indemnification and Hold Harmless.
12.1. Contractor agrees to indemnify, defend, and hold harmless the City and its officers,
agents and employees from and against all claims, actions, liabilities, loss, and costs including
attorney's fees and costs of defense, arising in whole or in part from the acts or omissions of
Contractor, and Contractor's subcontractors, officers, agents, and employees, in performance
of this contract.
12.2. In the event any such action or claim is brought against City, upon tender by City,
Contractor will defend the same at Contractor's sole cost and expense, promptly satisfy any
judgment adverse to City or to City and Contractor, jointly, and reimburse City for any loss,
cost, damage or expense, including attorney fees, suffered or incurred by City. City shall
notify Contractor, within a reasonable time, of any claim, threat of claim or legal action.
12.3. Notwithstanding subsections 12.1 and 12.2, neither Contractor nor any attorney engaged
by Contractor will defend any claim in the name of the City, nor purport to act as legal
representative of the City, without the prior written consent of the City Attorney's Office.
CITY may, at any time and at its election, assume its own defense and settlement of any
claims. City reserves all rights to pursue any claims it may have against Contractor if the City
elects to assume its own defense.
12.4. This Section 12 does not include indemnification by Contractor for losses, claims, or
actions resulting from the sole negligence of City or its officers, agents, and employees,
whether within the scope of the Contract or otherwise.
13. Insurance.
13.1. Required Coverages. Contractor must obtain at Contractor's expense, and require its
first tier contractors and subcontractors, if any, to obtain the insurance specified in this
exhibit prior to performing under this Contract, and must maintain it in full force and at its
own expense throughout the duration of this Contract, as required by any extended reporting
period or tail coverage requirements, and all warranty periods that apply. Contractor must
obtain and require its first-tier contractors and subcontractors, if any, to obtain the following
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Attachment 1, Page 3 of 17
insurance from insurance companies or entities acceptable to City and authorized to transact
the business of insurance and issue coverage in Oregon. Contractor acknowledges that
insurance specified in this section does not limit indemnification responsibilities specified in
section 12 Indemnification.
13.1.1. General Insurance. Commercial general liability insurance covering bodily
injury and property damage in a form and with coverage that are satisfactory to City.
This insurance must include personal and advertising injury liability, products and
completed operations, contractual liability coverage for the indemnity provided under
this Grant, and have no limitation of coverage to designated premises, project or
operation. Coverage must be written on an occurrence basis in an amount of not less
than $2,000,000 per occurrence. Annual aggregate limit may not be less than
$3,000,000.
13.1.2. Automobile Liability Insurance. Automobile liability insurance covering
Contractor's business use including coverage for all owned, non -owned, or hired vehicles
with a combined single limit of not less than $2,000,000 for bodily injury and property
damage. This coverage may be written in combination with the commercial general
liability insurance (with separate limits for commercial general liability and automobile
liability). Use of personal automobile liability insurance coverage may be acceptable if
Contractor provides evidence that the policy includes a business use endorsement.
13.1.3. Automobile Physical damage. Automobile physical damage insurance
covering the leased van and equipment referenced in Section 5, in an amount not less
than the actual cash value of the Contractor's owned and leased vehicle(s), as approved
by the City. .
13.1.4. Professional Liability. Contractor shall maintain a professional liability
insurance policy reflecting limits of not less than $2,000,000 for claims for professional
acts, errors or omissions arising from the Work. The policy may be written on a "claims
made" form. Contractor shall maintain the professional liability insurance coverage for at
least one year after the completion of the work. The policy shall contain an endorsement
entitling the City not less than 60 days prior written notice of cancellation of such policy
13.1.5. Workers' Compensation. Contractor must provide and maintain workers'
compensation coverage with limits not less than $500,000 for its employees, officers,
agents, or partners, as required by applicable workers' compensation laws as defined in
ORS 656.027 and ORS 701.035(5). If Contractor is exempt from coverage, a written
statement signed by Contractor so stating the reason for exemption must be provided to
the City.
13.2. Excess/Umbrella Insurance. A combination of primary and excess/umbrella insurance may
be used to meet the required limits of insurance.
13.3. Additional Insured. All insurance, except for workers' compensation, professional liability,
and network security and privacy liability (if applicable), required under this Contract must
include an additional insured endorsement specifying the City and its officers, employees and
agents as Additional Insureds, including additional insured status with respect to liability arising
out of ongoing operations and completed operations, but only with respect to Contractor's
activities to be performed under this Contract. Coverage must be primary and non-contributory
with any other insurance and self-insurance. The Additional Insured endorsement with respect to
liability arising out of Contractor's ongoing operations must be on ISO Form CG 20 10 07 04 or
equivalent and the Additional Insured endorsement with respect to completed operations must be
on ISO form CG 20 37 04 13 or equivalent.
13.4. Waiver of Subrogation. Contractor waives, and must require its first tier contractors
and subcontractors waive, rights of subrogation which Contractor, Contractor's first tier
contractors and subcontractors, if any, or any insurer of Contractor may acquire against the
City by virtue of the payment of any loss. Contractor must obtain, and require its first tier
contractors and subcontractors to obtain, any endorsement that may be necessary to affect
this waiver of subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the Contractor or the Contractor's
insurer(s).
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Attachment 1, Page 4 of 17
13.5. Tail Coverage. If any of the required insurance is on a claims made basis and does not
include an extended reporting period of at least 24 months, Contractor must maintain, and
require its first tier contractors and subcontractors, if any, maintain, either tail coverage or
continuous claims made liability coverage, provided the effective date of the continuous
claims made coverage is on or before the Effective Date of this Contract, for a minimum of
24 months following the later of (i) Contractor's completion and City's acceptance of all
Goods and Services provided under this Contract, or, (ii) City or Contractor termination of this
Contract, or, (iii) the expiration of all warranty periods provided under this Contract.
13.6. Evidence of Insurance Coverage. Evidence of the required insurance coverages
issued by an insurance company satisfactory to the City shall be provided to the City by way
of a City approved certificate of insurance before any work or services commence.
13.7. Notice of Cancellation or Material Change in Coverage. The certificate of insurance
shall contain a requirement that the Insurance company notify the City 30 days prior to any
cancellation or material change in coverage. If the approved insurance company will not
provide this 30 day notice, the Contractor shall provide written notice to the City contract
manager within two days after the Contractor becomes aware that their coverage has been
canceled or has been materially changed. The Contractor shall either fax 541-726-3782 said
notice or email it directly to City Finance Department at purchasing@springfield-or.gov.
Regardless of what circumstances cause Contractor's insurance coverage to cease or be
modified, it is the 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. (Contractor initials)
13.8. Equipment and Material. Contractor shall be responsible for any loss, damage, or
destruction of its own property, equipment, and materials used in conjunction with the work.
14. Independent Contractor Status, Tax duties and Liabilities.
14.1. Contractor will perform all Services as an independent contractor. Although City may (a)
determine and modify the delivery schedule for Goods to be delivered and Services to be
performed and (b) evaluate the quality of the completed performance, City cannot and will
not control the means or manner of Contractor's performance. Contractor is responsible for
determining the appropriate means and manner of performing any Services required under
this Contract. Contractor is not an "officer", "employee", or "agent" of City as those terms
are used in ORS 30.265.
14.2. Contractor shall be responsible for all federal, state, and local taxes, if any, applicable to
any payments received pursuant to this Agreement, including but not limited to income tax,
payroll tax, social security and self-employment tax. CITY will not withhold, pay, or in any
other manner be responsible for payment of any taxes on behalf of Contractor. Contractor is
not eligible for any social security, unemployment insurance, or workers' compensation
benefits from compensation or payments paid to Contractor under this Contract.
15. Legal Representation. This Agreement was prepared by the City. Contractor has had the
opportunity to have this Agreement reviewed by its own legal counsel prior to its execution.
16. Venue and Choice of Law. Venue for litigation concerning this Agreement rests exclusively with
the court of the State of Oregon for Lane County. Any dispute arising under this Agreement will be
governed by the law of the State of Oregon.
17. Force Majeure. If Contractor is delayed by reason of weather, fire, riot, strikes, acts of God or
other circumstances beyond Contractor's reasonable control, CITY may terminate this Agreement
in writing to Contractor after determining such delay or default will unreasonably prevent
successful performance of the Contract. If City elects not to terminate the Contract, Contractor
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Attachment 1, Page 5 of 17
will be entitled to additional time to complete the Contract equal to that lost by an or all of the
above causes.
18. Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict
with any law, the validity of the remaining terms and provisions will not be affected; the rights
and obligations of the parties will be construed and enforced as if the Agreement did not contain
the particular provision held to be invalid.
19. Access to Records. All books, documents, papers and records created, used or adapted by
Contractor in the course of performing the Services and otherwise during this Agreement belong
to the Contractor. City and its duly authorized representatives shall have access to books,
documents, papers and records of Contractor which are directly pertinent to this Agreement for
the purpose of making audit, examination, excerpts and transcripts as necessary under this
Agreement; provided that, notwithstanding the foregoing, the City will not have access to any
protected health information of Contractor's patients or otherwise in the Contractor's possession
or control. All such information will be deemed Confidential Information as if it was marked
confidential, unless otherwise agreed by Contractor
20. Confidentiality. During the course of performance hereunder, each party or its agent,
employees, or contractors, may receive confidential information of the other. Each party agrees to
use its commercially reasonable efforts to maintain the confidentiality of the other party's
Confidential information, and will not reveal such Confidential Information to any third party,
except as required by law. Access to the Confidential Information will be limited to agents and
employees with a need to know the information for the purposes of this Agreement and who are
under an obligation to maintain the confidentiality of such Confidential Information. To be
considered "Confidential Information" under the Contract, except as otherwise provided herein,
information must be clearly marked as "confidential Information," in a manner that will be obvious
immediately upon access, except for protected health information of any individual served by
Contractor, which will at all times be considered Confidential Information. Each party will limit its
use of Confidential Information to the purpose for which it was disclosed by the other party and
will use a reasonable level of care to prevent the intentional or inadvertent misuse, theft or
inappropriate disclosure of such information. Contractor understands that all records held by the
City are public records and subject to public disclosure under public records law, and Contractor
agrees that City shall have no liability for the disclosure of any Confidential Information properly
disclosed under the law or under a court order in response to a public records request. Contractor
also understands and agrees that the Contract documents and all records of Contractor's fees and
charges may not be considered Confidential Information, and are public records for which no
exemption to public disclosure applies. This provisions of this section with survive the termination
or expiration of this Agreement.
21. Waiver. Failure of City to enforce any provision of this Agreement shall not constitute a waiver or
relinquishment by City of the right to such performance in the future nor of the right to enforce
any other provision of this Agreement.
22. Amendments. The terms of this Agreement shall not be waived, altered, modified,
supplemented or amended in any manner whatsoever, without prior written approval of City. No
modification of this Agreement shall bind either party unless reduced to writing and subscribed by
both parties, or ordered by a Court.
23. Termination. The performance of work under this Agreement may be terminated by City, in
whole or in part, whenever for any reason City shall determine that such termination is in the best
interest of City. Any such termination shall be effected by delivery to the Contractor of a Notice of
Termination specifying the extent to which performance of the work under the Agreement is
terminated and the date on which such termination is effective. Upon delivery to the Contractor
of a Notice of Termination under this paragraph, the Contractor and City shall, by agreement,
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make an appropriate written modification to this Agreement governing completion of portions of
the Contractor's work and payment therefore by CITY.
24. Assignment/Subcontract. Contractor shall not assign, sell, transfer, subcontract or sublet
rights, or delegate responsibilities under this Agreement, in whole or in part, without the prior
written approval of City. No such written approval shall relieve Contractor of any obligations of
this Agreement, and any transferee or subcontractor shall be considered the agent of Contractor.
Contractor shall remain liable as between the original parties to this Agreement as if no such
assignment had occurred.
25. Compliance with All Government Regulations. 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 Contractor. This section includes, but is not
limited to, compliance with all applicable requirements of Federal and State civil rights statutes,
rules, and regulations, and all applicable provisions of the Americans with Disabilities Act of 1990,
42 USC Section 12101 et seq. and Section 504 of the Rehabilitation Act of 1973.
26. Attorney Fees. Except for defense costs and expenses pursuant to section 12, neither City nor
Contractor is entitled to recover attorney's fees, court and investigative costs, or any other fees or
expenses associated with pursuing a remedy for damages arising out of or relating to this
Contract.
27. Construction of Agreement. This Contract shall not be construed more favorably to City due
to the preparation of this Contract by City. The headings and subheadings in this Contract are for
convenience, do not form a part of this Contract, and shall not be used in construing this Contract.
28. 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.
CITY OF SPRINGFIELD:
CONTRACTOR:
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
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Attachment 1, Page 7 of 17
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:
Independent contractor provides services for remuneration; and
2. Independent contractor is free from direction and control over the means and manner
of providing the services and scope of work subject only to the right of City to specify
the desired results; and
3. Independent contractor is customarily engaged in an independently established
business; and
4. Independent contractor is licensed within the state of Oregon to provide any services
for which a license is required under ORS Chapter 671 or 701 and is responsible for
obtaining other licenses or certificates necessary to provide the service or scope of
work; and
Independent contractor complies with at least three of the following requirements:
(a) A business location is maintained that is separate from the business or work
location of City; or is in a portion of the independent contractor's residence and that
portion is used primarily for the business.
(b) The independent contractor bears the risk of loss related to the provision of
services or scope of work such as entering into a fixed price contract, defective work
is required to be corrected, the services provided are warranted or indemnification
agreements, liability insurance and performance bonds and errors and omissions
insurance are provided.
(c) Contracted services for two or more different persons or entities within a
twelve month period have been obtained, or routinely engaged in business
advertising, solicitation, or other marketing efforts reasonably calculated to obtain
new contracts to provide similar services.
(d) Significant investment in the business has been made such as purchasing
tools or equipment, paying for premises or facilities where services are provided,
paying for licenses, certificates or specialized training.
(e) Possesses authority to hire other persons to assist in providing their services
and has the authority to fire those persons.
6. Independent contractor will immediately inform City in the event that it fails to
conduct its services in one or more particulars as represented in 1 through 5 above.
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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, municipality, municipal corporation
or subdivision thereof, on account of any labor or material furnished. ORS 279B.220(3).
4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279B.220(4).
5) If the agreement is for lawn and landscape maintenance, it shall contain a condition requiring the contractor to salvage, recycle,
compost or mulch yard waste material at an approved site, if feasible and cost-effective. ORS 27913.225.
6) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care
services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the
contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of
employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply
with ORS 656.017. ORS 27913.230.
7) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity,
emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services
designated under ORS 279A.055, the employee shall be paid at least time and a half pay:
a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive
days; or
b) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four
consecutive days, Monday through Friday; and
c) For all work performed on Saturday and on any legal holiday specified in ORS 27913.020.
An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before
commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day
and days per week that the employees may be required to work. ORS 279B.235(1)-(2).
If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half
for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are
excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279B.235(3).
Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half
pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(B)-(G) and for
all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. Employer shall
give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on
the contract, or by posting a notice in a location frequented by employees, of the number hours per day and days per week that the
employees may be required to work. ORS 279B.235(5).
If this agreement is for a public improvement, the contract shall contain the following conditions:
10) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided
for in the contract. ORS 279C.505(1)(a).
11) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of
the contract. ORS 279C.505(1)(b).
12) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation
or subdivision thereof, on account of any labor or material furnished. ORS 279C.505(1)(c).
13) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279C.505(1)(d).
14) The contractor shall demonstrate that an employee drug testing program is in place. ORS 279C.505(2).
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
{00019976:21
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Attachment 1, Page 9 of 17
be, may pay such claim to the person furnishing labor or services and charge the amount of the payment against the funds due or to
become due the contract by reason of the contract. If the contractor or first-tier subcontractor fails, neglects or refuses to make payment
to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment
from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus interest
charges commencing at the end of the 10 -day period that payment is due under ORS 279C.580(4) and is subject to a good faith dispute
as defined in ORS 279C.580. If the contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor
or materials in connection with the public improvement contract, the person may file a complaint with the Construction Contractors
Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. ORS 279C.515.
16) The payment of a claim does not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims.
ORS 279C.515(4).
17) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity,
emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services
designated under ORS 279C.100, the employee shall be paid at least time and a half pay:
a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive
days; or,
b) For all overtime in excess of 10 hours in anyone day or 40 hours in any one week when the work week is four
consecutive days, Monday through Friday; and,
c) For all work performed on Saturday and on any legal holiday specified in ORS 27913.020. ORS 279C.520(1).
An employer shall give notice in writing to employees who work on a public contract either at the time of hire or before
commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day
and days per week that the employees may be required to work. ORS 279B.520(2).
18) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half
for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are
excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279C.520(3).
19) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half
pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540(1)(b)(B)-(G) and for
all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. An employer shall
give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on
the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the
employees may be required to work. ORS 279C.520(5)
20) ENVIRONMENTAL MATTERS: In compliance with ORS 279C.525, the Contractor is made aware that the following federal, state,
and local agencies have enacted ordinances or regulations relating to the prevention of environmental pollution or the preservation of
natural resources which may affect performance of SUB contracts. This is not intended to be a complete listing of agencies. Other
agencies may have enacted ordinances or regulations that may apply.
If the Contractor is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not
cited in the Contract or due to enactment of new or the amendment of existing statutes, ordinances, rules or regulations relating to the
prevention of natural resources occurring after the submission of the successful quote, the contracting agency may, at its discretion,
terminate the Contract, complete the work itself, use non -agency forces already under contract with the City, require that the underlying
property owner be responsible for cleanup, solicit quotes for a new contractor to provide the necessary services or issue the Contractor a
change order setting forth the additional work that must be undertaken.
If the Contractor encounters a condition not referred to in the Invitation to Bid documents, not caused by the Contractor or any
subcontractor employed on the project and not discoverable pre-bid visual site inspection, and the condition requires compliance with
the ordinances, rules or regulations referred to under this regulation, the contractor shall immediately notify SUB of the condition.
FEDERAL AGENCIES
Department of Agriculture
Forest Service
Soil Conservation Service
Department of the Army Corps of Engineers
Coast Guard
Department of Health and Human Services
Department of the Interior
Bureau of Indian Affairs
Bureau of Land Management
Bureau of Outdoor Recreation
Department of Commerce
STATE AGENCIES
Department of Agriculture
Department of Energy
Department of Environmental Quality
Department of Fish and Wildlife
Department of Forestry
Department of Geology and Minerals
LOCAL AGENCIES
Fish and Wildlife Services
Office of Surface Mining
Reclamation and Enforcement
Bureau of Reclamation
Department of Labor
Occupational Safety and Health Administration
Mine Safety and Health Administration
Department of Transportation
Federal Highway Administration
Environmental Protection Agency
Department of Human Services
Land Conservation and Development Commission
Division of State Lands
State Soil and Water Conservation Commission
Water Resources Department
Oregon Department of Transportation
REV APR 2021
Attachment 1, Page 10 of 17
Common Council, City of Springfield Planning Commission, City of Springfield
Environmental Services, City of Springfield Development Services Department, City of Springfield
Board of Commissioners, Lane County Planning Commission, Lane County
Lane Regional Air Protection Agency Springfield Utility Board
Willamalane Park & Recreation District Springfield Downtown & Glenwood Urban Renewal Districts
Rainbow Water District
21) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care
services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the
contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of
employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply
with ORS 656.017. ORS 279C.530.
22) A contract for public works shall contain a provision stating the existing state prevailing rate and wage and, if applicable, the federal
prevailing rate of wage required. Every contract and subcontract shall contain a provision that workers shall be paid not less than the
specified minimum hourly rate of wage in accordance with ORS 279C.838. ORS 279C.830(1).
If this agreement is for demolition, the contract shall also contain the following conditions:
23) Contractor must salvage or recycle construction and demolition debris, if feasible and cost-effective. ORS 279C.510(1)
No
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Attachment 1, Page 11 of 17
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 constitute a
material breach of this Contract. Any violation shall entitle City to terminate this Contract, to pursue and recover any
and all damages that arise from the breach and the termination of this Contract, and to pursue any or all of the
remedies available under this Contract, at law, or in equity, including but not limited to:
a. Termination of this Contract, in whole or in part;
b. Exercise of the right of setoff, and withholding of amounts otherwise due and owing to
Contractor, in an amount equal to State's setoff right, without penalty; and
C. Initiation of an action or proceeding for damages, specific performance, declaratory or
injunctive relief. City shall be entitled to recover any and all damages suffered as the result of Contractor's breach of
this Contract, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and
costs incurred in securing [replacement Services/replacement Goods/ a replacement contractor].
These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or
remedies singly, collectively, successively, or in any order whatsoever.
B. Contractor's Representations and Warranties.
Contractor represents and warrants to City that:
1. Contractor (to the best of Contractor's knowledge, after due inquiry), for a period of no fewer than
six calendar years preceding the [date of Closing of {bids/proposals}for/effective date of] this Contract, faithfully has
complied with:
(i) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316,
317, and 318;
(ii) Any tax provisions imposed by a political subdivision of this state that applied to
Contractor, to Contractor's property, operations, receipts, or income, or to Contractor's performance of or
compensation for any work performed by Contractor;
(iii) Any tax provisions imposed by a political subdivision of this state that applied to
Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and
(iv) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any
of the foregoing tax laws or provisions.
Any [Goods/Items/Equipment/Components/Hardware/Software/Intellectual Property Rights, etc.] [delivered
to/granted to] City under this Contract, and Contractor's Services rendered in the performance of Contractor's
obligations under this Contract, shall be provided to City free and clear of any and all restrictions on or conditions of
use, transfer, modification, or assignment, and shall be free and clear of any and all liens, claims, mortgages, security
interests, liabilities, charges, and encumbrances of any kind.
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Attachment 1, Page 12 of 17
Attachment 1
C2842 - Statement of Work
Purpose of Project:
The City of Springfield (City), White Bird Clinic (Contractor) and Lane County (County) partner to provide
mobile crisis services within the City of Springfield and the Springfield Urban Growth Boundary (UGB) through
White Bird's CAHOOTS program.
Desired Outcomes/Project Objectives
• Provide mobile crisis services with a primary goal of diversion from hospitalization and incarceration
through clinically appropriate community-based supports and services.
• Establish process to lease van(s) for CAHOOTS' use in providing crisis response services to the City.
• Support portable emergency radio equipment needs, including programming and ongoing system fees,
for three APX6000 radios and accessories ("radio equipment") provided by Lane County to White Bird
Clinic for CAHOOTS use in providing crisis response services to City.
• County and City desire to cooperate to maintain the van(s) and radio equipment used by CAHOOTS in
providing its crisis response services to City.
City of Springfield Responsibilities
1. Coordinate dispatching services within the City of Springfield and the Springfield Urban Growth
Boundary (UGB), with oversight by the on -duty Springfield Police Department sergeant Watch
Commander. City has oversight of dispatch. City will work with Contractor to incorporate
recommendations within dispatch processes.
a. CAHOOTS may respond to calls for service with or without additional law enforcement or
emergency medical assistance. Law enforcement or emergency medical support will be utilized
for calls for service involving safety or hazardous conditions, crime, the need for forced entry,
or medical support beyond basic first aid.
b. Calls for service for individuals requesting CAHOOTS services should include, at minimum:
i. Caller's first name (last name not required),
ii. How to identify the client, in the event additional clarification is needed,
iii. Location of response,
iv. What services are being requested.
In the event of extenuating circumstances, dispatch personnel may deviate from the listed
process.
c. City acknowledges dispatching CAHOOTS services is to support a primary goal of providing
community-based support and service. Proactive location of possible active warrants for
individuals requesting and receiving CAHOOTS only responses is not intended.
2. Provide a desk, phone and internet access within the Springfield Justice Center for use by Contractor
staff, as mutually agreed upon.
3. Provide Contractor compensation in accordance with Attachment 2.
4. Cooperate with County to provide and maintain van(s) and radio equipment used by CAHOOTS services
to the City.
a. City will pay for maintenance of County owned vehicles dedicated to Springfield services per
Interagency Agreement between County and City.
C2842 SOW
Attachment 1, Page 13 of 17
Page 1 of 4
Attachment 1
C2842 - Statement of Work
b. City will support radio equipment provided to Contractor by County with radio programming
and providing LRIG system services.
Support Contractor onboarding and offboarding processes for staff servicing Springfield in accordance
with City requirements:
a. New Contractor staff onboarding includes completion of a criminal background check,
coordinating individual fingerprinting, and issuance of Criminal Justice Information System
(CJIS) training. Additional training may be provided, such as driving safety training.
i. Criminal background checks and fingerprinting must be completed prior to new
Contractor staff providing services under this agreement.
b. Upon notification of Contractor staff separation, terminate access to City facilities and end date
active status in software systems.
i. Contractor to notify Springfield within 3 business days. In the event of a disgruntled staff
separation, Contractor will notify Springfield as quickly as reasonably possible.
ii. Contractor to provide City a list of active staff on a quarterly basis. City to verify access
and records regarding Contractor current staffing.
c. City reserves the right to reject any employee of Contractor and/or its trainee observer from
providing services under this contract on the basis of background checks.
6. Communicate with White Bird project manager or designee regarding service or staffing issues.
White Bird (Contractor) Responsibilities
1. Adhere to the requirements of the agreement between Lane County and White Bird regarding
Springfield services. Key elements of the Lane County — White Bird agreement program plan include
White Bird providing:
a. Provide mobile crisis services 24 hours a day, 7 days a week to conduct a face-to-face mental
health status examinations of individuals. Examinations provided by a Qualified Mental Health
Professional (QMHP) (as defined in OAR 309-019-0125(9)) or Qualified Mental Health Associate
(QMHA) (as defined in OAR 309-019-0125(8)) under the supervision of a QMHP.
b. A face-to-face therapeutic response delivered in a public setting at locations in the community
where the crisis arises.
c. Services that are generally delivered in a natural environment by or under the supervision of a
QNHP.
d. Mental health crisis assessments.
e. Brief crisis intervention.
f. Assist with placement in crisis respite or residential services.
g. Connecting individuals with ongoing supports and services.
h. White Bird will invoice Lane County directly for their portion of the contract budget.
2. Additional services and processes:
a. Provide one team for one van in service 24 hours a day.
b. Types of services to be provided may include:
C2842 SOW
Attachment 1, Page 14 of 17
Page 2 of 4
Attachment 1
C2842 - Statement of Work
i. Response to persons intoxicated or under the influence of controlled substances. If the
person is unconscious, Contractor shall request an ambulance from the dispatcher and
stand by to assist the responding emergency medical personnel, as necessary.
ii. Providing persons non-medical care or treatment for mental illness.
iii. Provide basic first aid to person(s) in need.
iv. Provide basic life support to person(s) in need before the arrival of the Eugene
Springfield Fire Department emergency medical personnel.
v. Provide non -emergent medical transport for medically stable clients.
c. Contractor will request an ambulance whenever they encounter a person that appears to
require emergency medical assistance.
d. Contractor will not provide emergency medical transportation to injured or ill persons except at
the express direction of the Eugene Springfield Fire Department emergency medical personnel.
e. Contractor will summon police response when a dangerous situation appears to exist.
f. Contractor will handle Contraband by:
i. Removing all drugs, drug paraphernalia and alcohol discovered during the course of
Contractor's duties from patients prior to transport.
ii. Make reasonable efforts to discover and remove weapons or other objects capable of
being used to inflict injury prior to transportation. Contract shall secure these materials
in the van and shall inventory each item as it is secured. Contractor may deposit with
SPD any contraband collected and reconcile items against the inventory list maintained.
3. City vehicles will be used when in service as CAHOOTS service vehicles or when transporting for
maintenance purposes. Vehicle and staff will stage in the City of Springfield when not dispatched to a
request for service.
a. Contractor staff may use up to 45 minutes to respond to City of Eugene during shift change for
briefings and/or restocking supplies.
b. Exceptions may be approved by the Springfield Police Department project manager or designee.
4. Coordinate and transport vehicles leased from City and/or County for routine and necessary vehicle
maintenance and repair service.
a. Repair services do not include those caused by collision and/or covered by Contractor or a third
party's comprehensive or collision insurance.
b. Leased vehicles includes the 2014 Freightliner, Sprinter, VIN/ WDYPE8DC2E5936008. Any
change in leased vehicles will be documented in writing to include Year, Make, Model, VIN, and
date the vehicle entered the lease status.
C2842 SOW
Attachment 1, Page 15 of 17
Page 3 of 4
Attachment 1
C2842 - Statement of Work
5. In the event a Contractor employee is involved in a vehicle collision while providing services under this
Agreement:
a. If a collision involves injury, contact 9-1-1 as quickly as possible.
b. If a collision involves a traffic violation, blocked traffic, another vehicle or damage to private
property, contact Springfield Police Dispatch at earliest opportunity.
c. Report all vehicle collisions and damage to the City's program manager.
d. If applicable, complete a standard Department of Motor Vehicles (DMV) Traffic Accident and
Insurance Report form and send a copy to City's program manager.
6. Contractor will maintain radios in a secure location. In the event radios are missing, Contractor will
notify City as soon as possible. In the event radios require offsite maintenance, Contractor will notify
City prior to radios leaving secure location.
7. Contractor staff requirements:
a. Contractor staff must pass a criminal background check and complete all requested
documentation, user agreements, and training prior to using a police radio or operating a City
vehicle.
b. Within three (3) business days of separation or change in assignment, Contractor will notify the
project manager or designee of Contractor staff no longer providing CAHOOTS services to
Springfield.
i. In the event of a disgruntled staff separation, Contractor will notify Springfield as quickly
as reasonably possible.
c. Contractor staff may be required to complete City supplied training, including driver safety
training prior to driving City vehicles.
d. On a quarterly basis, provide City a list of Contractor staff actively provide Springfield services.
8. At the written request of the Springfield City Manager or Chief of Police, Contractor must replace an
employee providing services to the City. Such requests will be made for cause.
9. Invoice City in accordance with Attachment 2.
10. Communicate with City Project Manager or designee regarding service or staffing issues.
11. Provide City with quarterly reports of summary information and/or statistics. At no time will any
reports include HIPAA, PII or other protected information.
City Contacts
Project Manager: Lieutenant George Crolly, 541-744-4165, gcrolly@springfield-or.gov
Operations Contact: Sergeant Brian Humphreys, 541-726-3714, bhumphreys@springfield-or.gov
Employee On/Off-Boarding: Judy Kenney, 541-726-2328, jkenney@springfield-or.gov
Contract, Vehicle & Equipment Contact: Jessica Crawford, 541-744-4176, jcrawford@springfield-or.gov
White Bird Contacts
CAHOOTS Project Manager and Operations Contact: Ebony Morgan, emorgan@whitebirdclinic.org
Vehicle & Equipment Contact: Simone Tessler, stessler@whitebirdclinic.org
Contract Contact: Chris Hecht, checht@whitebirdclinic.org
C2842 SOW
Attachment 1, Page 16 of 17
Page 4 of 4
ATTACHMENT 2
CITY OF SPRINGFIELD/WHITE BIRD
COMPENSATION SCHEDULE
Compensation.
City and County cooperatively provide funding for mobile crisis services to Contractor for
CAHOOTS services.
City will compensate Contractor up to $450,620 for services provided and fuel
reimbursement costs incurred July 1, 2021 through June 30, 2022.
Cost Category
Monthly
Annual
Not to Exceed Amount,
Not to Exceed Amount,
7/l/21-6/30/21
7/l/21-6/30/21
Fuel Reimbursement
As incurred
$11,000
CAHOOTS Services
$36,635
$439,620
County and Contractor maintain a separate agreement for the County's compensation
contribution, and service requirements, for CAHOOTS services within the City of Springfield,
Springfield's Urban Growth Boundary and unincorporated Lane County.
Payments.
City will make payments within thirty (30) days of receipt of a properly submitted invoice.
Notwithstanding the foregoing, City will have the right to withhold payment for any item
which City disputes in good faith, provided that City pays for all non -disputed items and
takes commercially reasonable action to resolve the dispute.
Contractor will submit invoices monthly by the 10th of each month following the services
provided.
Invoices
Contractor to send invoices by mail or email (preferred) to the following:
City of Springfield
Accounts Payable
2255 th Street
Springfield, OR 97477
AP(a)springfield-or.gov
Contractor must include the Contract #2842, approval code 363 on invoices.
Attachment 1, Page 17 of 17