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HomeMy WebLinkAboutItem 13- White Bird Cahoots Services Contract AGENDA ITEM SUMMARY Meeting Date: 7/1/2024 Meeting Type: Regular Meeting Staff Contact/Dept.: Andrew Shearer Staff Phone No: 541-726-3729 Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Provide Financially Responsible and Innovative Government Services ITEM TITLE: WHITE BIRD CLINIC CAHOOTS SERVICES CONTRACT ACTION REQUESTED: Authorize the City Manager to sign a contract with White Bird Clinic for CAHOOTS services to Springfield. ISSUE STATEMENT: The current contract with White Bird Clinic for CAHOOTS services expires June 30, 2024. A new contract is necessary to continue contracted CAHOOTS services. ATTACHMENTS: 1: C3648 White Bird Clinic CAHOOTS Contract DISCUSSION/ FINANCIAL IMPACT: The City of Springfield intends to continue contracted services from White Bird Clinic’s CAHOOTS (Crisis Assistance Helping Out On The Streets) for the City of Springfield, 12 hours a day, seven days a week. CAHOOTS teams are a two-person team comprised of at least one mental health care worker, with a primary goal of providing clinically appropriate community-based support and services to the Springfield community. The City has partnered with Lane County since 2015 to provide CAHOOTS mobile crisis services to the Springfield community, and available 24 hours a day, seven days a week since 2017. For the last two years, the City and Lane County have shared CAHOOTS services cost equally. As of July 2024, Lane County has a gap in their funding of CAHOOTS Springfield area services. The City continues to prioritize and fund CAHOOTS services for Springfield, identifying the most effective service hours as 11:00am to 11:00pm, seven days a week. As always, the Springfield Police Department will support community service requests outside of the CAHOOTS service hours utilizing available community resources (988, crisis lines, etc.) or police officer response. The City will continue to work with Lane County in an effort to restore 24 hour, seven days a week CAHOOTS coverage. Additionally, the City will work with Lane County as they implement a Lane County Mobile Crisis Services team (MCS) that will adhere to the scope of mobile crisis response required by Oregon statute. MCS will begin a pilot program during the next fiscal year. MCS and CAHOOTS programs complement each other; the availability of MCS teams will not replace the need for CAHOOTS services. The attached contract has a not to exceed amount of $543,000 for contracted services and fuel cost reimbursement. The contracted costs were included in the Springfield Police Department’s fiscal year 2024-25 proposed budget and is supported by the City’s general fund. Staff requests that Council grant the City Manager the approval to sign the new White Bird Clinic contract for continued CAHOOTS services. {00019976:2} REV APR 2021 CITY OF SPRINGFIELD CONTRACT FOR SERVICES Contract #3648 Dated: July 1, 2024 Parties: City of Springfield “CITY” A Municipal Corporation of the State of Oregon 225 5th 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 12th 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 Number Percentage 100-06100-1166-642001 (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 $543,000 annually ($529,000 for services and $14,000 for fuel), as described in Attachment 2. City will not pay Contractor any amount in excess Attachment 1 Page 1 of 15 {00019976:2} REV APR 2021 of the not-to-exceed 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. 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. 5. 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 7. Contractor must send invoices to: Accounts Payable - City of Springfield, 225 5th Street, Springfield, OR 97477 or email to ap@springfield- or.gov. The invoice must reference this contract #3648 and approval code #362. 6. 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. 7. 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 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. Attachment 1 Page 2 of 15 {00019976:2} REV APR 2021 8. Contractor’s Representations. Contractor represents that: 8.1. 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; 8.2. 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 8.3. Contractor is, and must be at all times during the term of this Contract, qualified, professionally competent, and duly licensed to perform Services. 9. 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 S3648). 10. First Point of Contact. White Bird Clinic – Jeremy Gates, Executive Director, jgates@whitebirdclinic.org, PH: 541.342.8255 x139 City- Lieutenant Justin Myers, jmyers@springfield-or.gov, PH: 541.726.3691 11. Indemnification and Hold Harmless. 11.1. 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. 11.2. 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. 11.3. Notwithstanding subsections 11.1 and 11.2, 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. 11.4. This Section 11 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. 12. Insurance. 12.1. 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 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 Attachment 1 Page 3 of 15 {00019976:2} REV APR 2021 insurance specified in this section does not limit indemnification responsibilities specified in section 12 Indemnification. 12.1.1. 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. 12.1.2. 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. 12.1.3. Automobile Physical damage. Automobile physical damage insurance covering the leased van and equipment referenced in Section 4, in an amount not less than the actual cash value of the Contractor’s owned and leased vehicle(s), as approved by the City. . 12.1.4. 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 12.1.5. 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. 12.2. Excess/Umbrella Insurance. A combination of primary and excess/umbrella insurance may be used to meet the required limits of insurance. 12.3. 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. 12.4. 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). 12.5. 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 Attachment 1 Page 4 of 15 {00019976:2} REV APR 2021 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. 12.6. 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. 12.7. 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) 12.8. 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. 13. Independent Contractor Status, Tax duties and Liabilities. 13.1. 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. 13.2. 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. 14. 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. 15. 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. 16. 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 will be entitled to additional time to complete the Contract equal to that lost by an or all of the above causes. Attachment 1 Page 5 of 15 {00019976:2} REV APR 2021 17. 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. 18. 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 19. 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. 20. 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. 21. 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. 22. 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, make an appropriate written modification to this Agreement governing completion of portions of the Contractor’s work and payment therefore by CITY. Attachment 1 Page 6 of 15 {00019976:2} REV APR 2021 23. 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. 24. 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. 25. 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. 26. 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. 27. 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: Nancy Newton Name: Jeremy Gates Title: City Manager Title: Executive Director Date: Date: Attachment 1 Page 7 of 15 {00023719:1} City of Springfield Public Contract Addendum Required Contract Terms Under ORS 279B – Goods, Services, and Personal Services Pursuant to Oregon law, this public contract includes the following terms and conditions, when applicable: 1. The contractor must make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. ORS 279B.220(1). 2. The contractor must 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. That contractor must 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. The contractor must 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, Contractor must salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost-effective. ORS 279B.225. 6. The contractor must promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply with ORS 656.017. ORS 279B.230. 7. A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279A.055, the employee shall be paid at least time and a half pay: a. For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days; or b. For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and c. For all work performed on Saturday and on any legal holiday specified in ORS 279B.020. 8. 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). 9. If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid a t 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). 10. If the contract is for services, 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. Contractor 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). Attachment 1 Page 8 of 15 Attachment 1 C3648- Statement of Work C3648 SOW Page 1 of 6 Purpose of Project: The City of Springfield (City) and White Bird Clinic (Contractor) partner to provide mobile crisis services within the City of Springfield through White Bird Clinic’s CAHOOTS program. Desired Outcomes/Project Objectives • Provide services within the City of Springfield under the direction of the Springfield Police Department (SPD). • Counsel or transport intoxicated persons to local open treatment facilities. • Counsel or transport persons with a non-urgent or non-emergent mental health crisis to local treatment facilities or to other open local social services agencies. • Support transfer of service for persons experiencing urgent or emergent mental health crisis in accordance with processes or requirements from Lane County Behavioral Health (LCBH) to align with Oregon Health Authority mobile crisis response requirements. • Provide community supporting care authorized by the Springfield Police Department. • Establish process to lease van(s) for CAHOOTS use in providing crisis response services to the City. • Establish process to support portable emergency radio equipment for CAHOOTS use in providing services to City. City of Springfield Responsibilities 1. Coordinate dispatching services within the City of Springfield, with oversight by the on-duty SPD Watch Commander supervisor. 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 the primary goal for dispatching CAHOOTS services is to provide community- based support and service. Proactive location of possible active warrants for individuals requesting and receiving CAHOOTS only responses is not intended. 2. Provide Contractor compensation in accordance with Attachment 2. 3. Provide and maintain van(s) used by CAHOOTS for Springfield services. 4. Provide radio system access and program radio equipment used by CAHOOTS for Springfield services. 5. Support Contractor onboarding and offboarding processes for staff servicing Springfield in accordance with City requirements. 6. Communicate with White Bird project manager or designee regarding service or staffing issues. Attachment 1 Page 9 of 15 Attachment 1 C3648- Statement of Work C3648 SOW Page 2 of 6 White Bird (Contractor) Responsibilities 1. Hours of service. Contractor to provide 12 hours of service per day, 365 days a year. a. Hours of service is scheduled for 11:00am to 11:00pm daily, unless previously approved in writing by an authorized SPD representative. b. Contractor shall notify SPD dispatch of their service type and location at the beginning shift, to and from calls, to and from maintenance, and at the end of their shift. 2. Service boundary. Contractor shall provide response, assistance, and transportation services within the geographic boundaries of the City of Springfield. Response or transport outside the City of Springfield must be authorized by the on-duty SPD Watch Commander. 3. Contractor rules of conduct. While providing services in accordance with this contract, Contractor shall observe the following rules: a. Contractor shall not use force while observing, contacting, detaining, or transporting persons unless such force is necessary for the protection of a person from bodily harm, and a police officer cannot be summoned or cannot respond quickly enough to provide protection. b. Contractor shall summon a police officer when a dangerous situation appears to exist. The contractor shall request the SPD dispatcher to have an ambulance respond whenever it appears the person(s) contacted need emergency medical treatment. c. Contractor shall not provide emergency medical transportation to injured or ill persons except at the express direction of Eugene Springfield Fire medical personnel. However, Contractor may provide first aid and/or basic life support to person(s) in need before the arrival of the Eugene Springfield Fire Department emergency medical personnel. d. For the purpose of this contract the term “transport” means to provide a courtesy ride to a willing, self-ambulatory person who requires no medical attention or treatment during transport. e. Use of drugs and/or alcohol by Contractor's employees, observer trainees, officers or agents while on duty to provide the services under this contract, and/or reporting to duty with a noticeable presence or effects of alcohol or drugs is prohibited. 4. Contractor staffing. a. Contractor represents that it has employees who have experience and training to provide the services described in a reasonable and responsible manner. City relies upon this representation in entering into this contract. Contractor agrees to provide the employees training necessary to provide the services under this contract and to ensure such employees obtain any training provided by the City. Prior to any employee of Contactor providing the services, Contractor shall ensure the employee has the qualifications and experience to perform these services. All such employees of Contractor shall be subject to the provision of service protocols and the rules of conduct specified in the agreement. b. Contractor shall facilitate a background check, individual fingerprinting, and issuance of Criminal Justice Information System (CJIS) training for prospective Contractor employees. Contractor shall also inform prospective employees that their full name, date of birth, driver’s license number, and other information needed in the security form, will be submitted to SPD for a clearance check prior to employment. Contractor employees will require a Criminal Justice Information System (CJIS) clearance. Prospective employees shall sign a waiver allowing the Attachment 1 Page 10 of 15 Attachment 1 C3648- Statement of Work C3648 SOW Page 3 of 6 background check to be performed by SPD. Contractor may first make a copy for their records and then send the original form to the SPD Contract Manager (or designee). A background check and CJIS clearance is required prior to using the police radio, operating a City vehicle, or unescorted access within CJIS secure areas of the Springfield Justice Center. All Contractor personnel will be trained to operate the police radio. c. During the provision of patrol, crisis assistance and transportation services under this contract, the City provided vans shall be staffed by at least two persons per van. At least one person shall be able to perform functions under ORS 430.399 and shall make the final decision regarding transportation of any person to a non-emergency medical care provider or to an alcohol, drug or mental health treatment facility. At least one person shall be 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. d. Except for a trainee observer actively involved in a program leading to employment by Contractor, no person shall ride in the van except for employees of the Contractor or City, who are in the course of providing services under this contract and persons being transported to a treatment facility. At no time shall more than three persons employed by, or under training with Contractor, ride in the van. e. City reserves the right to reject any employee of Contractor and/or its trainee observer from riding in the van or participating in Contractor’s provision of services under this contract, on the basis of the individual’s driving record or criminal history record. f. 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. g. Within three (3) business days of separation or change in assignment, Contractor will notify City of Contractor staff no longer providing CAHOOTS services to Springfield. In the event of a disgruntled staff separation, Contractor will notify Springfield as quickly as reasonably possible. h. On a quarterly basis, provide City a list of Contractor staff actively providing Springfield services. 5. Contractor services to be provided: a. Persons needing non-medical care or treatment for mental illness: i. If a person appears to be in need of care or treatment for mental illness, but not dangerous to themselves or others, Contractor may counsel the person on treatment options and, if the person is willing, and at the Contractors discretion, transport them to PeaceHealth Riverbend, White Bird Clinic, or other appropriate open facility for further assistance. ii. If the person’s primary issue is a mental health crisis and perceived by the individual as an emergent or urgent situation, Contractor shall request an SPD dispatcher make notifications to request response by an OHA certified Mobile Response and Stabilization Services team (i.e. LCBH Mobile Crisis Service). CAHOOTS may stand by to assist with the transition of services as necessary and call load permits. iii. If Contractor has probable cause to believe that the person is dangerous to themselves or others, Contractor shall immediately notify a SPD dispatcher to have police officers respond and stand by to assist. b. Persons that are intoxicated or under the influence of controlled substances: Attachment 1 Page 11 of 15 Attachment 1 C3648- Statement of Work C3648 SOW Page 4 of 6 i. If the person requires medical care beyond the scope of contractor services, Contractor shall request an ambulance from an SPD dispatcher, and stand by to assist the responding emergency medical personnel as necessary. ii. If the person’s primary issue is a mental health crisis and perceived by the individual as an emergent or urgent situation, Contractor shall request an SPD dispatcher make notifications to request response by an OHA certified Mobile Response and Stabilization Services team (i.e. LCBH Mobile Crisis Service). CAHOOTS may stand by to assist with the transition of services as necessary and call load permits. iii. Under the following conditions if the person is willing, Contractor shall transport them to the appropriate licensed or certified open treatment facility within the City; 1) The person is conscious but appears mentally ill or intoxicated; 2) Contractor has reasonable cause to believe that the person is dangerous to themselves. iv. If the person is unwilling to be transported to a treatment center but appears to be mentally ill or intoxicated, or Contractor has reasonable cause to believe the person is dangerous to others, Contractor shall immediately notify a SPD dispatcher to have Police Officers respond and stand by to assist the officers as necessary. v. Contractor has reasonable cause to believe the person is intoxicated or under the influence of a controlled substance while in a public place, Contractor may counsel the person on treatment and detoxification options, and if the person is willing, may transport them to White Bird Clinic, PeaceHealth – Riverbend, or other appropriate open facility for further assistance. vi. Under no circumstances shall the vehicles be used by Contractor for personal use or for the transportation of intoxicated person to their place of residence. c. Services at the direction of the City: i. All Contractor provided patrol, crisis assistance and transportation services shall be subject to the direction and control of the City. Contractor shall respond to all SPD radio dispatches and contacts from SPD personnel requesting Contractor's assistance. ii. Contractor shall immediately suspend the provision of services under this contract when notified to do so by the SPD Watch Commander or police officer in charge. While providing services under this contract, Contractor shall obey all lawful commands and directions received from Police or Fire personnel. d. Additional community support services may be provided with SPD supervisor approval or as a secondary service in conjunction with another service response are listed below. The listed services are typically considered a lower priority for Contractor services. i. Transportation to an appropriate open shelter or treatment center or provide transportation to other open social service agencies or publicly organized and sponsored shelters. ii. Connect individuals with ongoing social services or support. iii. Basic first aid services to person(s) in need. City is not contracting for medical services and Contractor staff will not provide diagnostic care. iv. Provide non-emergent medical transport for medically stable clients. e. Contractor typically provides face-to-face services in a public setting at locations in the community where the crisis arises. Attachment 1 Page 12 of 15 Attachment 1 C3648- Statement of Work C3648 SOW Page 5 of 6 6. Contractor handling of contraband: a. All drugs, drug paraphernalia and alcohol discovered during the course of Contractor’s duties will be removed from patients by Contractor prior to transport. b. Contractor will make reasonable efforts to discover and remove weapons or other objects capable of being used to inflict injury prior to transportation. Contractor shall secure these materials in the van and shall inventory each item as it is secured. Contractor must deposit any contraband collected with SPD and reconcile items against the inventory list maintained. 7. Use of vehicles. a. City owned vehicles leased by Contractor will be used when providing CAHOOTS services to Springfield. Contractor will stage vehicle and staff in the City of Springfield when not dispatched to a request for service. Contractor staff may use up to 45 minutes to respond to City of Eugene during shift change for briefings and/or restocking supplies. b. Contractor will coordinate and transport leased vehicle to City Shops for routine maintenance and vehicle repair. i. Repair services do not include those caused by collision and/or covered by Contractor or a third party’s comprehensive or collision insurance. c. Leased vehicles will be documented in writing to include Year, Make, Model, VIN, and date the vehicle entered the lease status. d. In the event a Contractor employee is involved in a vehicle collision while providing services under this Agreement: i. If a collision involves injury, contact 9-1-1 as quickly as possible. ii. If a collision involves a traffic violation, blocked traffic, another vehicle or damage to private property, contact SPD Dispatch at earliest opportunity. iii. Report all vehicle collisions and damage to the City project manager or designee. iv. 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. 8. Use of radio equipment. Contractor will be issued at least two and up to three radios with access to an approved SPD radio channel on the regional radio system. City will coordinate programming of radios and access to approved channels on the radio system. 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. 9. Invoice City in accordance with Attachment 2. 10. Communicate with City project manager or designee regarding service or staffing issues. a. Quarterly meetings are recommended, at minimum, to discuss services, processes and staffing. 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. Attachment 1 Page 13 of 15 Attachment 1 C3648- Statement of Work C3648 SOW Page 6 of 6 Springfield Police Department Contacts Justin Myers, Operations Lieutenant, 541-726-3691, jmyers@springfield-or.gov (project manager) Jessica Crawford, Business Services Manager, 541-744-4176, jcrawford@springfield-or.gov White Bird Clinic Contacts Michael Yoshioka, Director of Programs, 541-345-6457, myoshioka@whitebirdclinic.org Attachment 1 Page 14 of 15 ATTACHMENT 2 CITY OF SPRINGFIELD/WHITE BIRD CLINIC COMPENSATION SCHEDULE Compensation. City will compensate Contractor up to $529,000 for services provided and fuel reimbursement costs up to $14,000, incurred July 1, 2024 through June 30, 2025. Cost Category Monthly Not to Exceed Amount, 7/1/24-6/30/25 Annual Not to Exceed Amount, 7/1/24-6/30/25 Fuel Reimbursement As incurred $14,000 CAHOOTS Services $44,083.33 $529,000 In the event contracted service hours of twelve (12) hours per day are not provided due White Bird Clinic staffing, the monthly invoice will be adjusted and reduced by $120.77 per hour not fulfilled under the contract. Invoices Contractor will submit invoices monthly by the 10th of each month following the services provided. Contractor to send invoices by mail or email (preferred) to the following: City of Springfield Accounts Payable 225 5th Street Springfield, OR 97477 AP@springfield-or.gov Contractor must include the Contract #3648, approval code 362 on invoices. 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. Attachment 1 Page 15 of 15