HomeMy WebLinkAboutItem 08 Critical Care Ambulance TransportsAGENDA ITEM SUMMARY Meeting Date: 3/5/2012
Meeting Type:Regular Meeting
Staff Contact/Dept.: Mark Walker
Staff Phone No:744-3388
Estimated Time: 5 minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Enhance Public Safety
ITEM TITLE:
CRITICAL CARE AMBULANCE TRANSPORTS
ACTION
REQUESTED:
Authorize City Manager to sign a contract with Life Flight Network, LLC to provide
inter-facility critical care ambulance transport services from the Springfield ambulance
service area (ASA#5) to other locations.
ISSUE
STATEMENT:
A RFP to subcontract critical care ground ambulance transport (CCT) services was
published in January 2012; Life Flight Network, LLC was the sole responder to the
RFP. The RFP was evaluated by staff and determined to meet all the criteria specified.
This contract will allow SFLS to subcontract critical care ground ambulance calls
originating at the hospitals in ASA#5 to Life Flight Network. This will preserve the
availability of SFLS ambulances for emergency scene calls as well as provide the best
quality patient care available.
ATTACHMENTS: 1. Independent contractor agreement C#717
DISCUSSION/
FINANCIAL
IMPACT:
Quality patient care is our highest priority. Air medical is the preferred method to
transport critical care patients whose conditions require specialized treatment and are
time sensitive. Occasionally, due to weather, mechanical breakdowns, or other
unforeseen circumstances, the air medical resources in our area may be unavailable. In
that case, due to the timely nature of the transport, the option is send these patients by
ground ambulance. This contract seeks to address those few occasions each year when
this situation occurs. The projected number of critical care ground ambulance inter-
facility transports is approximately 15-20 per year.
Critical care patients require specialized medical care beyond the scope of SFLS
Paramedics. Therefore, to complete a critical care, ground transport, specially trained
nurses are required to accompany the medic unit crew and provide care to the patient
during transfer. This puts a burden on the hospital staff, as well as taking one SFLS
medic unit out-of-service for ASA#5 calls. Inter-facility transports are generally to the
Portland metro area, requiring approx. 5-6 hours round trip.
Life Flight Network has a critical care team assigned to the Eugene area, and provides
23/7/365 coverage out of their base at 2nd and Chambers. These highly trained people
are skilled in delivery of critical care, and ideally suited to the transport of such
patients. Life Flight will subcontract the actual ambulance and qualified driver from a
local resource, and ensure quality care is provided.
SFLS Transport volumes continue to hold steady for FY12, and contracting these
critical care transports will help ensure SFLS is available for emergency calls as call
volume increases.
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CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
Contract #717
Dated: April 1, 2012
Parties: City of Springfield (“CITY”)
A Municipal Corporation of the State of Oregon
and
Life Flight Network LLC (“Independent Contractor”)
Additional Independent Contractor Information:
A. Type of Entity: Sole Proprietorship Partners Limited Liability Company Corporation
B. Address: 22285 Yellow Gate Lane NE, Suite 102 Aurora, OR 97002
C. Telephone: 503-678-4364
D. Fax No: 503-678-4369
E. SSN or Fed. I.D. No: 20-5016802
F. Professional License(s) No:
G. Oregon Agency Issuing License:
H. Foreign Contractor Yes No
(Foreign means not domiciled in or registered to do business in Oregon) See Exhibit B(11).
CITY Account Number(s) To Be Charged (Include Percentages):
Account Number Percentage
In consideration of the mutual covenants contained herein, the parties agree to the following terms,
provisions and conditions:
1. Services to be Performed by Independent Contractor. Contractor will provide critical
care ground ambulance transportation services, originating in the ambulance service area
assigned to the City under the Lane County Ambulance Service Plan. Independent
contractor shall perform the services in Attachment 1 and Attachment 2 attached hereto and
incorporated herein by this reference. Attachment 1- Scope of Services and Attachment 2 –
Life Flight Network LLC RFP #644 response dated February 9, 2012.
2. Payment by CITY. City does not pay for critical care transports. The Independent
Contractor will honor and fulfill the FireMed contract obligations for those patients needing
medically necessary transport as detailed in Attachment 3 attached hereto and incorporated
herein by this reference.
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3. Intergovernmental Cooperative Purchasing. The Seller agrees to extend identical prices
and services under the same terms and conditions to all public agencies. Quantities stated
in this bid reflect the City of Springfield usage only. A public agency wishing to purchase
items will execute its own contract with the awarded bidder for its requirements.
4. Solicitation Process. This contract was awarded pursuant to the City’s RFP #644 Critical
Care Ambulance Transport Services.
5. Term. This Agreement is effective as of the date first set forth above and shall continue
until March 31, 2014 unless earlier terminated in accordance with the provisions of this
Agreement or by mutual consent of the parties. The Agreement may be amended annually,
to extend the term stated herein, for not more than two (2) successive one-year periods,
upon mutual agreement of the parties. In negotiating any extension CITY shall consider the
requirements or SMC Section 2.708(3) and each extension shall not be effective until
reviewed and approved by the Springfield Common Council.
6. Independent Contractor Status. By its execution of this Agreement, Independent
Contractor certifies its status as an “Independent Contractor” as that term is used under the
laws of the State of Oregon, and that all performance of any labor or services required to be
performed by Independent Contractor under the terms of this Agreement shall be performed
in accordance with the standards set forth in ORS 670.600, and as more specifically set
forth on Exhibit “A” attached hereto and incorporated herein by this reference.
7. Conformance with Oregon Public Contracts Law (ORS Chapter 279). Independent
Contractor shall comply with all applicable provisions of Oregon law for public contracts,
including, but not limited to ORS 279B.220, ORS 279B.225, ORS 279B.230, and ORS
279B.235, and as more fully set forth on Exhibits “A” and “B” attached hereto and
incorporated herein by this reference.
8. Work Performed. The work to be performed by Independent Contractor includes services
generally performed by Independent Contractor in his/her/its usual line of business.
9. Tax duties and Liabilities. Independent Contractor shall be responsible for all federal,
state and local taxes, if any, applicable to any payments received pursuant to this
Agreement, including but not limited to income tax, payroll tax, social security and self-
employment tax. CITY shall not withhold, pay, or in any other manner be responsible for
payment of any taxes on behalf of Independent Contractor.
10. Reimbursement Of Expenses. Independent Contractor shall not be entitled to
reimbursement by CITY for any expenses incurred by Independent Contractor unless
otherwise agreed in writing.
11. Materials and Supplies. Independent Contractor shall supply all materials and supplies
needed to perform the services required unless otherwise agreed in writing.
12. No Authority To Bind CITY. Independent Contractor shall have no authority to enter into
contracts on behalf of CITY, its’ officers, agents and employees. This Agreement shall not
create a partnership or joint venture of any sort between the parties.
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13. Federal Employment Status. In the event payment made pursuant to this Agreement is to
be charged against federal funds, Independent Contractor hereby certifies that it is not
currently employed by the Federal Government and the amount charged does not exceed
Independent Contractor’s normal charge for the type of services provided
14. Indemnification and Hold Harmless. The Independent Contractor shall assume all
responsibilities for the work, and bear all losses and damages directly or indirectly resulting
to the Independent Contractor, the City, or to others on account of the character or
performance of the work, unforeseen difficulties, accidents, or any other cause whatsoever.
The Independent Contractor shall assume defense of, indemnify and save harmless the
City, its officials, agents, and employees from all claims, liability, loss, damage and injury of
every kind, nature and description, directly or indirectly resulting from activities in the
performance of the Contract, the ownership, maintenance or use of motor vehicles in
connection therewith, or the acts, omissions, operations, or conduct of the Independent
Contractor or any Subcontractor under the Contract or any way arising out of the Contract,
irrespective of whether any act, omission or conduct of the City connected with the Contract
is a condition or contributory cause of the claim, liability loss, damage or injury and
irrespective or whether act, omission, or conduct of the Independent Contractor or
Subcontractor is merely a condition rather than a cause of a claim, liability, loss damage or
injury. The Independent Contractor shall not be liable for nor be required to defend or
indemnify, the City relative to claims for damage or damages resulting solely from acts or
omissions of the City, its officials, agents or employees. The absence of or inadequacy of
the liability insurance required in section 15 below shall not negate Independent Contractor’s
obligations in this paragraph.
15. Insurance.
15.1. General Insurance. The Independent Contractor shall maintain in force for the
duration of this agreement a Commercial General Liability insurance policy written on
an occurrence basis with limits not less than $1,000,000 per occurrence and
$2,000,000 in the aggregate for bodily injury or property damage. The policy will
contain a “per project” aggregate endorsement. Automobile Liability (owned, non-
owned and hired) insurance with limits not less than $1,000,000 per occurrence shall
be maintained. The City, its employees, officials and agents will be named as an
Additional Insured where operations are being conducted related to this contract, on
the General Liability policy as respects to work or services performed under this
agreement to the extent that the death or bodily injury to persons or damage to
property arises out of the fault of the Independent Contractor or the fault of the
Independent Contractor’s agents, representatives or subcontractors. This insurance
will be primary over any insurance the City may carry on its own.
15.2. Professional Liability. Independent Contractor shall maintain in force during the
duration of this Agreement (and, if it is a claims made policy, for a year following
completion of the project) a professional liability policy, approved by the City’s Risk
Manager as to terms, conditions and limits.
15.3. Workers’ Compensation. Independent Contractor shall provide and maintain workers’
compensation coverage for its employees, officers, agents, or partners, as required by
applicable workers’ compensation laws. If Independent Contractor is exempt from
coverage, a written statement signed by Contractor so stating the reason for the
exemption shall be provided to the City.
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15.4. Evidence of Insurance Coverage. Evidence of the required insurance coverages
issued by an insurance company satisfactory to the City shall be provided to the City by
way of a City approved certificate of insurance before any work or services commence.
15.5. Notice of Cancellation or Material Change in Coverage. The certificate of
insurance shall contain a requirement that the Insurance company notify the City 30
days prior to any cancellation or material change in coverage. If the approved
insurance company will not provide this 30 day notice, the Contractor shall
provide written notice to the City contract manager within 2 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 Bob Duey (rduey@springfield-or.gov), Finance Director at the City.
Regardless of what circumstances caused Contractors 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)
15.6. Equipment and Material. The Independent Contractor shall be responsible for any
loss, damage, or destruction of its own property, equipment, and materials used in
conjunction with the work.
15.7.
Assignment/Subcontract. Independent Contractor shall not assign, sell, transfer,
subcontract or sublet rights, or delegate responsibilities under this agreement, in
whole or in part, without the prior written approval of CITY. No such written approval
shall relieve Independent Contractor of any obligations of this Agreement, and any
transferee or subcontractor shall be considered the agent of Independent Contractor.
Independent Contractor shall remain liable as between the original parties to this
Agreement as if no such assignment had occurred.
15.8 Exception or Waivers. Any exception or waiver of these requirements shall be subject
to review and approval from the City’s Risk Manager.
16. Termination. The performance of work under this Agreement may be terminated by CITY,
in whole or in part, whenever for any reason CITY shall determine that such termination is in
the best interest of CITY. Any such termination shall be effected by delivery to the
Independent Contractor of a Notice of Termination specifying the extent to which
performance of the work under the Agreement is terminated and the date on which such
termination is effective.
17. Rights In Data. All original written material, including programs, card decks, tapes, listings,
and other documentation originated and prepared for CITY pursuant to this Agreement, shall
become exclusively the property of CITY. The ideas, concepts, know-how, or techniques
developed during the course of this Agreement by Independent Contractor personnel can by
used by either party in any way it may deem appropriate. Material already in Independent
Contractor’s possession, independently developed by Independent Contractor outside the
scope of this Agreement, or rightfully obtained by Independent Contractor from third parties,
shall belong to Independent Contractor. This agreement shall not preclude Independent
Contractor from developing materials which are competitive, irrespective of their similarity to
materials which might be delivered to CITY pursuant to this Agreement. Independent
Contractor shall not, however, use any written materials developed under this Agreement in
developing materials for others, except as provided in this section.
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18. Confidentiality. During the course of performance hereunder, Independent Contractor or
its agent, employees, or contractors, may receive confidential information. Independent
Contractor agrees to use its best efforts to maintain the confidentiality of such information
and to inform each agent and employee performing services of the confidentiality obligation
that pertains to such information.
19. Assignment/Subcontract. Independent Contractor shall not assign, sell, transfer,
subcontract or sublet rights, or delegate responsibilities under this agreement, in whole or in
part, without the prior written approval of CITY. No such written approval shall relieve
Independent Contractor of any obligations of this Agreement, and any transferee or
subcontractor shall be considered the agent of Independent Contractor. Independent
Contractor shall remain liable as between the original parties to this Agreement as if no such
assignment had occurred.
20. Successors In Interest. The provisions of this Agreement shall be binding upon and shall
inure to the benefit of the parties to this Agreement and their respective successors and
assigns.
21. Compliance With All Government Regulations. Independent Contractor shall comply
with all Federal, State and local laws, codes, regulations and ordinances applicable to the
work performed under this Agreement. Failure to comply with such requirements shall
constitute a breach of contract and shall be grounds for termination of this Agreement.
Damages or costs resulting from noncompliance shall be the sole responsibility of
Independent Contractor.
22. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce
any provision of this Agreement, Independent Contractor shall pay such additional sums as
the Court may adjudge reasonable for attorney fees plus all costs and disbursements at trial
and on any appeal.
23. Force Majeure. Neither party to this Agreement shall be held responsible for delay or
default caused by fire, riot, acts of God and/or war which is beyond that party’s reasonable
control. CITY may terminate this Agreement upon written notice after determining such
delay or default will unreasonably prevent successful performance of the Agreement.
24. Assistance Regarding Patent And Copyright Infringement. In the event of any claim or
suit against CITY on account of any alleged patent or copyright infringement arising out of
the performance of this Agreement or out of the use of any material furnished or work or
services performed hereunder, Independent Contractor shall defend CITY against any such
suit or claim and hold CITY harmless from any and all expenses, court costs, and attorney’s
fees in connection with such claim or suit.
25. Severability. If any provision of this Agreement is declared by a court to be illegal or in
conflict with any law, the validity of the remaining terms and provisions shall not be affected
and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular provision held to be invalid.
26. Access To Records. CITY and its duly authorized representatives shall have access to
books, documents, papers and records of Independent Contractor which are directly
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pertinent to this Agreement for the purpose of making audit, examination, excerpts and
transcripts.
27. 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.
28. 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.
29. Nondiscrimination. Independent Contractor shall comply with all applicable requirements
of Federal and State civil rights and rehabilitation statutes, rules and regulations.
30. Dual Payment. Independent Contractor shall not be compensated for work performed
under this contract from any CITY agency other than the agency which is a party to this
contract.
31. Remedies. This Agreement shall be governed by and construed in accordance with the
laws of the State of Oregon, and any litigation arising out of this Agreement shall be
conducted in the courts of the State of Oregon, County of Lane.
32. Entire Agreement. This Agreement signed by both parties is the parties’ final and entire
Agreement and supersedes all prior and contemporaneous oral or written communications
between the parties, their agents and representatives. There are no representations,
promises, terms, conditions or obligations other than those contained herein.
IN WITNESS WHEREOF the parties have executed this Agreement to be effective the date first
set forth above.
CITY OF SPRINGFIELD: INDEPENDENT CONTRACTOR
By: By:
Name: Name:
Title: Title:
Date: Date:
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EXHIBIT “A”
CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
Independent Contractor Status
All performance of any labor or services required to be performed by Independent Contractor
shall be performed in accordance with the standards set forth in ORS 670.600 (2005), and as
follows:
A person is customarily engaged in an independently established business if any three of the
following six requirements are met:
1. The person maintains a business location:
a. That is separate from the business or work location of the person for whom the
services are provided; or,
b. That is in a portion of the person’s residence and that portion is used primarily
for the business.
2. The person bears the risk of loss related to the business or the provision of services as
shown by factors such as:
a. The person enters into fixed-price contracts;
b. The person is required to correct defective work;
c. The person warrants the services provided; or,
d. The person negotiates indemnification agreements or purchases liability
insurance, performance bonds or errors and omissions insurance.
4. The person provides contracted services for two or more different persons within a 12-
month period, or the person routinely engages in business advertising, solicitation or
other marketing efforts reasonably calculated to obtain new contracts to provide similar
services.
5. The person makes a significant investment in the business, through means such as:
a. Purchasing tools or equipment necessary to provide the services;
b. Paying for the premises or facilities where the services are provided; or
c. Paying for licenses, certificates or specialized training required to provide the
services.
6. The person has the authority to hire other persons to provide or to assist in providing
the services and has the authority to fire those persons.
EXHIBIT “B”
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City of Springfield
Public Contracts
Conformance with Oregon Public Contractors Laws
Pursuant to Oregon law, every public contract shall contain the following conditions:
1) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided
for in the contract. ORS 279B.220(1)
2) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of
the contract. ORS 279B.220(2).
3) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation
or subdivision thereof, on account of any labor or material furnished. ORS 279B.220(3).
4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279B.220(4).
5) If the agreement is for lawn and landscape maintenance, it shall contain a condition requiring the contractor to salvage, recycle,
compost or mulch yard waste material at an approved site, if feasible and cost-effective. ORS 279B.225.
6) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital
care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the
contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of
employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply
with ORS 656.017. ORS 279B.230.
7) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity,
emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services
designated under ORS 279A.055, the employee shall be paid at least time and a half pay:
a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive
days; or
b) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four
consecutive days, Monday through Friday; and
c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020.
An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before
commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day
and days per week that the employees may be required to work. ORS 279B.235(1)-(2).
8) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half
for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are
excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279B.235(3).
9) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half
pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(B)-(G) and for
all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. Employer shall
give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on
the contract, or by posting a notice in a location frequented by employees, of the number hours per day and days per week that the
employees may be required to work. ORS 279B.235(5).
If this agreement is for a public improvement, the contract shall contain the following conditions:
10) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided
for in the contract. ORS 279C.505(1)(a).
11) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of
the contract. ORS 279C.505(1)(b).
12) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation
or subdivision thereof, on account of any labor or material furnished. ORS 279C.505(1)(c).
13) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279C.505(1)(d).
14) The contractor shall demonstrate that an employee drug testing program is in place. ORS 279C.505(2).
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15) If the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or
subcontractor by any person in connection with the public improvement contract as the claim becomes due, the proper officer or
officers representing the state or a county, school district, municipality, municipal corporation or subdivision thereof, as the case may
be, may pay such claim to the person furnishing labor or services and charge the amount of the payment against the funds due or to
become due the contract by reason of the contract. If the contractor or first-tier subcontractor fails, neglects or refuses to make
payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of
payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due
plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4) and is subject to a good
faith dispute as defined in ORS 279C.580. If the contractor or a subcontractor fails, neglects or refuses to make payment to a person
furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the
Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. ORS 279C.515.
16) The payment of a claim does not relieve the contactor or the contractor’s surety from obligation with respect to any unpaid claims.
ORS 279C.515(4).
17) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity,
emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services
designated under ORS 279C.100, the employee shall be paid at least time and a half pay:
a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive
days; or,
b) For all overtime in excess of 10 hours in anyone day or 40 hours in any one week when the work week is four
consecutive days, Monday through Friday; and,
c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020. ORS 279C.520(1).
An employer shall give notice in writing to employees who work on a public contract either at the time of hire or before
commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day
and days per week that the employees may be required to work. ORS 279B.520(2).
18) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half
for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are
excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279C.520(3).
19) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half
pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540(1)(b)(B)-(G) and for
all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. An employer
shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of
work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week
that the employees may be required to work. ORS 279C.520(5)
20) Solicitation documents for a public improvement contract shall make specific reference to federal, state and local agencies that have
enacted ordinances, rules or regulations dealing with the prevention of environmental pollution and the preservation of natural
resources that affect the performance of the contract. A solicitation document must also make special reference to known conditions
at the construction site that may require the successful bidder to comply with the ordinances, rules or regulations identified under ORS
279C.525(1). If the successful bidder encounters a condition not referred to in the solicitation documents, not caused by the
successful bidder and not discoverable by a reasonable prebid visual site inspection, and the condition requires compliance with the
ordinances, rules or regulations referred to under ORS 279C.525(1), the successful bidder shall immediately give notice of the
condition to the contracting agency. The successful bidder may not commence work nor incur any additional job site costs in regard
to the condition encountered and described in ORS 279.525(3) without written direction from the contracting agency. ORS 279C.525.
21) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital
care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the
contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of
employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply
with ORS 656.017. ORS 279C.530.
22) A contract for public works shall contain a provision stating the existing state prevailing rate and wage and, if applicable, the federal
prevailing rate of wage required. Every contract and subcontract shall contain a provision that workers shall be paid not less than the
specified minimum hourly rate of wage in accordance with ORS 279C.838. ORS 279C.830(1).
If this agreement is for demolition, the contract shall also contain the following conditions:
23) Contractor must salvage or recycle construction and demolition debris, if feasible and cost-effective. ORS 279C.510(1)
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ATTACHMENT 1
SCOPE OF SERVICES
CRITICAL CARE AMBULANCE TRANSPORT SERVICES
1. General Information
a. Description of the City of Springfield
The City of Springfield is the ninth-largest city in Oregon, with a population of
approximately 58,575 (Lane Council of Governments, December 2010 estimate) and an
incorporated area of 15.57 square miles. Located in western Oregon’s southern
Willamette Valley, the community was first settled by Elias and Mary Briggs and their
family in 1848. It was formally incorporated in February 1885 as Springfield, after the
field near the spring was fenced, creating a ‘springfield’.
The Springfield charter became effective December 31, 2001. It can be found on the
City’s web site at http://www.springfield-or.gov.
The City operates under a council/manager form of government. The City Council
develops and adopts legislation and policies to direct the City organization, but employs a
professional administrator (the City Manager) to manage and oversee all City personnel
and operations to carry out the council’s direction. The City is organized into six
departments: Administrative Services; Public Works; Library; Development Services;
Police; and Fire & Life Safety.
The City Council consists of six Councilors, who each shall reside in a specific
geographic ward, and are elected by the city at large on a nonpartisan ballot for staggered
four-year terms. The Mayor is the Chief Elected Officer of the city. The Mayor is elected
from the city at large on a nonpartisan ballot for a four-year term.
b. Overview of the City of Springfield’s Department of Fire & Life Safety
Fire protection in Springfield was first organized on January 4, 1886, as the Springfield
Fire Company. The department is now known as the Department of Fire & Life Safety
(SFLS) and has been in continuous operation since that time. The department began
providing ambulance transport services in 1981 and continues to provide this service to a
large area of central Lane County.
The City Manager appoints the Fire Chief, who is responsible for organizing and
administering the department. The department consists of 103 full time equivalent (FTE)
positions, including 80 uniformed and 23 civilian positions, organized into five functional
divisions: Operations; Special Operations, EMS and Community Relations; Fire
Marshal’s Office and the Administrative Services Bureau.
The Department of Fire & Life Safety provides fire, rescue, emergency medical, code
enforcement, and fire/injury prevention education services to the citizens of Springfield
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and to three neighboring special districts through long-standing contractual agreements.
See table below.
Table 1.1 Primary Service Area Statistics
LEGAL
JURISDICTION
POPULATION AREA (sq. mi.)
City of Springfield 58,575 14.43
Rainbow Water District 5,350 1.55
Glenwood Water District 1,900 2.57
Willakenzie-Spfld RFPD 1,600 0.60
TOTAL 67,425 19.15
In addition, the Department of Fire & Life Safety provides emergent and non-emergent
ambulance transport service to Lane County Ambulance Service Area (ASA) #5. This
ASA includes all the jurisdictions listed above plus a large adjoining rural area primarily
to the south and east for a total service area of approximately 2,000 square miles.
c. Medical Direction & Oversight
Medical direction and oversight is provided under a contract with a local emergency
department physician who is a Medical Director with considerable experience in the
practice of pre-hospital emergency medicine and who provides medical advice and
accountability.
i. Standing Medical Orders and Treatment Protocols
Standing Medical Orders and Treatment Protocols are developed by the Lane
County Medical Control Board (LCMCB). The LCMCB is comprised of the
Medical Directors’ representing Springfield Fire & Life Safety, Eugene Fire &
EMS, Lane Rural Fire/Rescue, Lane Fire District #1, and South Lane Fire & EMS
The LCMB meets regularly to develop guidelines reflective of current trends and
evidence in the practice of pre-hospital care.
d. Critical Care Transports (CCT)
i. Definition. As defined by the Standing Medical Orders and Treatment
Protocols under which the City of Springfield Department of Fire & Life
Safety operates, a CCT is defined as follows:
• Applies to inter-hospital transfers of critical patients that have a time-
sensitive condition that need to be transported immediately, and where
out-of-hospital time should be minimized
• Requires a Paramedic and a Registered Nurse certified in medical and
trauma critical care that may:
o Start/maintain saline drip
o Provide advanced airway management to the following
patients:
Intubated patients
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Respiratory distress patients that may require
emergency CPAP/BiPAP
Patients on ventilator
o Medications
Administer and maintain med drips and may bolus
meds beyond Springfield Fire & Life Safety
protocols/standing orders
o Cardiac patients:
Stable/unstable rhythms
ST Segment STEMI
Active chest pain with ongoing dynamic ECG changes
Potential need for manual defibrillation
Patients requiring cardiovent
Patients requiring external pacing and/or external
pacing already in place
o OB Transfers (stable/unstable)
Acute high risk labor/delivery may be imminent
ii. Transport options. The mode of transport of a critical care patient depends
on a variety of factors (weather, equipment availability, etc.) and may be done
by ground or air. Springfield Fire & Life Safety supports the mode of
transportation best for the patient. Air ambulance will be preferred over long
distance ground transport, if available, or in cases where best for the patient.
e. Advisory Committees
Springfield’s Fire & Life Safety Department actively participates in several internal and
external advisory groups and committees relating to EMS and pre-hospital care,
including:
i. Central Lane Emergency Medical Services
Area EMS Coordinators/EMS Chiefs/EMS Officers meet regularly to discuss
equipment needs and purchases, EMS issues and concerns.
ii. Oregon State Ambulance Association
iii. Oregon Fire Chief’s Association – EMS Section
f. Finance
Springfield Fire & Life Safety’s ambulance transport section operates as a user-fee-
supported system. Fees for operation are generated through patient transports, treat and
release aid responses and revenue generated through the annual FireMed membership
program.
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The Independent Contractor will honor and fulfill the FireMed contract obligations for
those patients needing medically necessary transport. See attachment #3.
2. Response Information
a. Average Area Protected by Initial Response Companies
The department’s fire first response area is approximately 19 square miles, while our
EMS first response area is approximately 2,000 square miles. The department’s fire first
response needs are served by five engine companies. Therefore, the average area covered
by each staffed first response fire crew is approximately 3.8 square miles. Three front line
ambulances respond out of three fire stations throughout the city, and given our large
ASA, are often out of their home district on calls.
b. Frequency of Calls
The Springfield Fire & Life Safety Department provides both EMS first response and
ambulance transport services to a large portion of east/central Lane County, and responds
to approximately 10,000 emergency medical calls for service per year. Because the
majority of the department’s call load involves emergency medical service delivery,
every Springfield engine company is equipped as an advanced life support (ALS) first
response unit, and staffed with at firefighter/paramedics.
It is the intention of Springfield Fire and Life Safety to incrementally create a tiered
response system within ASA#5. Utilizing an Independent Contractor to supply specific
parts of the response system maximizes the available time for Springfield resources to be
available for in-district emergency calls and other duties.
Figure 2.1 shows the trend of medical responses since 2004.
Figure 2.1 Calls for Service 2004-2010
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The department currently responds to approximately 21 such incidents each 24-hour
period, as seen in Table 2.2 All engine companies are fully qualified paramedics, and
outfitted with a complete inventory of advanced life support equipment, providing the
City and its protection districts with consistent paramedic first response capability on all
incidents.
Table 2.2 Frequency of EMS Incidents
CY08 CY09 CY10
Total
Daily Avg. 22 21 21
Table 2.3 shows the numbers of calls when patients were actually transported, not
necessarily the total number of patients. Pre-scheduled calls are included in the
frequency of calls.
Table 2.3 Frequency of EMS Transports
Call Type CY08 CY09 CY10
Transports 6838 6443 6475
Daily Avg. 18.68 17.65 17.74
c. Temporal Distribution of Calls
Calls for service are not distributed uniformly throughout a 24-hour period. The
following radius graphs display the temporal distribution of calls for ambulance service
by the department in calendar year 2010 by time of day using a 24-hour clock.
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Figure 2.2 Temporal Distribution of Medical Incidents
d. Medic Units (Ambulances)
The department currently deploys three 24-hour dual-role (firefighter/paramedic)
Type I ambulances staffed with at least two Paramedics. The remainder of the fleet
is Type I units in reserve status. All of Springfield’s medic units carry a full
complement of advanced life support equipment, and are licensed and designated by
the State of Oregon as advanced life support (ALS) ambulances.
The primary role of the medic unit in Springfield’s system is the treatment and
transport of the sick and injured patients within our county-designated ambulance
service area. Personnel assigned to staff medic units are also qualified and able to
function as firefighters, which helps augment Springfield’s overall daily firefighting
force.
e. Expected Critical Care Transport Call Volume
The expected volume of inter-facility critical care transports, based on Springfield
Fire & Life Safety’s experience is approximately 20 per year. Total gross dollars
billed for these 20 transports in FY11 was approximately $74,000, with a 38% net
collection rate. This includes all types of insurance reimbursements (i.e. Medicare,
Medicaid, Private Insurance, etc.).
3. Performance Requirements
a. System Integration
i. Scope of Services Generally
The Independent Contractor shall provide Critical Care Transport (CCT) services
from the two hospitals within Ambulance Service Area 5 (ASA #5) assigned to
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the City of Springfield under the Lane County Area Service Plan. The
Independent Contractor’s responsibilities will include being available for ground
ambulance transport services for CCT seven (7) days per week, twenty-four (24)
hours each day. The medically appropriate level of service must be provided
without regard to the patient’s status or ability to pay costs.
b. Deployment Plan
i. Deployment Plan Required
1. The Independent Contractor shall be required to develop and maintain
a current deployment plan.
2. Deployment plans must include the following elements:
a. A description of 24-hour system status management strategies
to deploy or redeploy resources to meet hospital requirements.
b. A description of how CCT calls will be staffed including the
number of full-time or part-time employees utilized.
c. A description of any planned use of call back crews.
3. Deployment or Redeployment of Resources
Notwithstanding any deployment plan, the Independent Contractor shall
deploy or redeploy staff and equipment as necessary to avoid a
degradation of the regional EMS system.
4. Resources
The Independent Contractor is required to provide critical care transport
services within the contracted ASA with its own resources. The resources
must be stationed so that the Independent Contractor is able to meet the
response timelines specified. All ambulance resources must comply with
all specifications herein.
c. Operations Requirements
i. Response Time Requirements
Response times are critical to patient care. Critical Care Transports are
scheduled by the hospital desiring the patient transport. Response time
required is within 30 minutes of dispatch. (If CCT crew is on a prior transfer
as long as Independent Contractor provides estimated time when CCT crew
will be available this requirement maybe waived. This will be determined on
a case by case basis at time of dispatch. In circumstance that the availability
time will be excessive the SASA holder (SFLS) may proceed with the
transport utilizing current procedures.) Current dispatch procedure has the on
duty Battalion Chief contacting Independent Contractor’s dispatch center and
providing hospital contact information and other information as available.
ii. Failure to Meet Response Time Requirements
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The Independent Contractor is expected to meet or exceed the required response
times to every call and failure to do so may result in termination of the contract
agreement. The Independent Contractor must make every effort to minimize
fluctuations in response time performance according to time of day, day of the
week, or week of the month.
Response Time Exemptions
It is understood that unusual circumstances and conditions beyond the
Independent Contractor’s reasonable control can produce response times that
exceed the standards. If the Independent Contractor believes that any run or
group of runs should be excluded from the response time standards, a written
request must be made to the City’s Contract Administrator. Any requests for
exemption from response time standards shall be made with the quarterly
Response Time Reports. The City has the sole discretion to exempt any call and
is not obligated to do so for any reason. Situations in which exemptions may be
granted include, but are not limited to:
1. Independent Contractor Services
a. Adverse weather and/or road conditions
b. Vehicle problems
2. System
a. Response area obstacles (e.g., limited access, barrier devices).
d. Dispatch Requirements
i. Communications Center
The Independent Contractor is required to establish a local non-emergency
contact number. For critical care transports, the Independent Contractor must
provide its own dispatch services using call taking and dispatching personnel
that meet or exceed Oregon standards and training or trained to the
Commission on Accreditation of Medical Transport Systems (CAMTS) 8th
edition standards for telecommunication personnel.
e. Equipment and Supplies
i. Communications Equipment
The Independent Contractor must have and maintain in good operating condition
portable and mobile communications equipment as specified by the City. The
Independent Contractor will be financially responsible for all costs associated
with implementing, upgrading, and making changes required by the City.
ii. Medical Equipment and Supplies
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1. Specifications and Coordination: The Independent Contractor must
utilize ambulances with supplies and equipment necessary to carry out
critical care transports. The Independent Contractor’s equipment and
supplies must meet or exceed the Oregon Department of Human
Services, Health Services Division requirements and the City’s supply
and equipment requirements. The Independent Contractor will be
provided an ongoing opportunity to participate in the development and
revision of the equipment and supply specifications.
2. List: The Independent Contractor must provide a list of equipment and
supplies used on ambulances providing critical care transports. The
City may require the Independent Contractor to replace any equipment
or supply that does not meet requirements or the City’s specifications.
3. Exchange: The Independent Contractor will be required to provide and
maintain its own equipment and will not rely on exchanges from the
City or Central Lane EMS unless a separate agreement with Central
Lane EMS is reached.
4. Logistics: The Independent Contractor is responsible for the purchase
of all supplies and equipment, and maintaining the cleanliness and
adherence to infection control procedures for all equipment and
transport units.
iii. Ambulances
iv. Quality: All ambulances in service in the City’s ASA shall be in good
working order and appearance. No Type I ambulance utilized by the
Independent Contractor may have mileage in excess of 200,000 miles unless
otherwise approved by the City’s Fire Chief. No Type II ambulance utilized
by the Independent Contractor may have mileage in excess of 100,000 miles
unless otherwise approved by the City’s Fire Chief. No Type III ambulance
utilized by the Independent Contractor may have mileage in excess of 150,000
unless otherwise approved by the City’s Fire Chief. Vehicles or equipment
that the City reasonably determines to have cosmetic or physical deficiencies
that may negatively impact customer perception shall be removed from
service and either replaced or repaired without undue delay.
v. Specifications: All ambulances utilized must be licensed as required by the
Department of Human Services, Health Services Division and City of
Springfield Municipal Code Section 7.032 and must meet or exceed the
requirements set forth in ORS 682.051 to 682.991 and OAR 333-255-0060, in
addition to the requirements herein.
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vi. Color, Marking and Warning Devices: All proposed markings and color
schemes shall be submitted to and approved by the City prior to
implementation and the Independent Contractor may be required to change
markings and color schemes if required by the City at any time.
vii. Maintenance: The Independent Contractor shall maintain all ambulances and
equipment in a manner to achieve the highest standard of safety, reliability
and appearance. All personnel utilized to maintain vehicles and equipment
must be properly trained, certified, and knowledgeable. Any vehicle or
equipment utilized by Independent Contractor in providing services that are
reasonably found by the City to have any deficiency that may compromise
function, must immediately be removed from service.
viii. List: The Independent Contractor shall at all times maintain a current list of
ambulances (including reserve units), to include license number, vehicle
identification number, name and address of any applicable lien holder and
shall make the list available to the City immediately upon request.
f. Personnel and Clinical Standards
i. Staff, General
The City expects that Independent Contractor’s provision of services shall
conform to the highest clinical and professional standards. In doing so, the
Independent Contractor shall comply with all applicable City, County, State, and
Federal laws, regulations and standards regarding the provisions of services. All
persons employed by the Independent Contractor shall be competent in the
performance of their duties, hold and maintain applicable and valid
certificates/licenses/accreditations in their respective roles or profession. The
Independent Contractor shall be held accountable for employee performance,
licensing and actions. The Independent Contractor shall cooperate and submit to
individual and corporate investigations requested by the City.
ii. Command and Control Structure
The Independent Contractor must be NIMS (National Incident Management
System) compliant throughout the duration of their contract with the City.
iii. Ambulance Staffing
The Independent Contractor shall at minimum staff ambulances providing critical
care inter-facility transports with at least one qualified driver, one certified EMT-
Paramedic, and a Registered Nurse certified in medical and trauma critical care
(CCRN, CEN or CFRN). The Registered Nurse must always be with the patient in
the patient compartment of the ambulance.
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When operating an ambulance, all personnel must meet the applicable
requirements of ORS 682.051 to 682.991 and OAR 333-255-0070.
All personnel staffing ambulances must be certified, in good standing, with the
Oregon Department of Human Services, Health Division. The Independent
Contractor must use reasonable efforts to hire and retain personnel with bilingual
skills, especially Spanish.
iv. Management and Supervision
The Independent Contractor will provide the management and supervision
necessary for effective oversight, and administration of critical care transport
services. At least one field supervisor, with current credentials and clinical field
experience, shall be on duty or on call at all times in order to oversee or provide
support to field personnel as necessary. This person shall be available on scene
within 45 minutes or an Administrator on Call (AOC) available via phone. AOC
will be a seasoned manager at a Director level or above with current credentials
and relevant field experience.
In addition, the contract administrator named by the Independent Contractor in its
proposal may not be changed without approval of the City. Approval will not be
unreasonably withheld.
v. Uniforms and Appearance of Personnel
The Independent Contractor’s personnel shall wear clean, professional uniforms.
All shirts, trousers, jackets and shoes must be approved by the City.
vi. Competence and Professionalism of Personnel
Professional and courteous conduct and appearance is required at all times from
the Independent Contractor’s personnel.
vii. Personnel Training
1. Orientation of Employees
The Independent Contractor must ensure that all employees have been
properly oriented before being placed on transporting ambulances. The
orientation shall include but not be limited to: overview of the City’s
EMS system; applicable policies, procedures, orders and protocols (to
include HIPAA and infection control); all communications; navigation,
mapping, hospital routes; ambulance equipment utilization and
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maintenance. Orientation curriculums must be pre-approved by the City’s
EMS Training Coordinator prior to implementation. The Independent
Contractor must maintain documentation of compliance with these
requirements.
2. Training Records
All personnel training records must be provided to the city within 24 hours
of request.
3. Student Internships
It is highly recommended that the Independent Contractor will assist with
and accommodate local students needing internships or field experience to
obtain the necessary requirements to complete EMT training and
certification.
g. Medical Direction
The Independent Contractor must at all times, and at its’ own expense, contract with
a local Medical Director who attends a minimum of 70% of the Central Lane
Medical Control Board meetings, to act as the Independent Contractor’s Supervising
Physician for purposes of assigning and monitoring the quality of care and
education. The terms of the agreement, including compensation, shall be negotiated
and entered into as an independent and separate agreement between the Independent
Contractor and whoever provides the medical direction.
h. Standing Medical Orders and Treatment Protocols
The Independent Contractor shall have adequate standing medical orders and
treatment protocols.
i. Work Schedules and Employee Affairs
The Independent Contractor shall have reasonable work schedules and conditions.
Patient care must not be hampered by impaired motor skills of personnel working
extended shifts, part-time jobs, voluntary overtime, and mandatory overtime without
adequate rest.
The City expects that to attract and retain outstanding personnel, the Independent
Contractor must offer reasonable compensation. The City in no way intends to
restrict the ingenuity of the Independent Contractor and its employees from working
out new and creative compensation (salary and benefits) programs. However, the
Independent Contractor should not use sub-standard compensation levels in order to
deliver economic efficiencies necessary to profitably manage its agreement with the
City.
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The City emphasizes that the Independent Contractor is responsible for conducting
its affairs with its employees, including managing personnel and resources fairly and
effectively in a manner that ensures compliance with the agreement. The City will
not otherwise involve itself in Independent Contractor’s management or employee
relationships. The provider is an independent contractor and neither the provider nor
any of its employees are considered employees or agents of the City.
The City shall, throughout the term of the agreement, have the right of reasonable
rejection and approval of staff assigned to the work by the Independent Contractor.
If the City reasonably rejects staff, the Independent Contractor must provide
replacement staff satisfactory to the City in a timely manner and at no additional
cost to the City.
4. Quality, Performance and Audit Programs
a. Compliance and Audit Program
The Independent Contractor shall establish and maintain a compliance and audit
program as recommended by the Office of the Inspector General for all Centers for
Medicare/Medicaid Services (CMS) programs applicable to ambulance
transportation. In addition, the Independent Contractor must provide prompt
response and follow-up to inquiries and complaints from CMS, the Oregon Health
Plan and the City.
b. Quality Audits and Inspections
City representatives may at any time, and without notification, inspect the
Independent Contractor’s operations directly related to services provided in the
agreement. This shall include, but not be limited to, CQI assessments, ambulances,
repair facilities, communication and administration facilities. In addition, City
representatives may ride as observers on any ambulance at any time.
City representatives may also audit all reports and data that the Independent
Contractor is required to collect, maintain or provide. Such audits will be conducted
during normal business hours with a minimum of 48 hours notice.
c. Data and Information Reporting
The long-term success of any EMS system is predicated upon the ability to measure,
analyze, and report operational, clinical and administrative data. The Independent
Contractor shall be responsible for data input and reporting in a manner which
facilitates review by the City and any other entity authorized by law or contract to
review data and reporting. All systems and reports must comply with the City’s
ASA requirements as well as City, State, and Federal data collection and reporting
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requirements.
i. Response Time Report
The Independent Contractor shall submit to the City electronically quarterly
response reports for each quarter. Reports must be received no later than 5 PM,
five (5) business days after the final day of the quarter. The contact for this
requirement will be the Deputy Chief of EMS and Community Relations.
For each incident for which a response is dispatched, the quarterly response time
compliance report shall include, but not be limited to:
• A unique call number which shall be the call number generated by 9-1-1
Central Lane Communications, or another number that a City reviewer can
easily link to the Independent Contractor’s dispatching system if the call is
not dispatched by 9-1-1 Central Lane Communications;
• Dispatch date;
• Dispatch time;
• En-route to hospital time;
• Arrive at hospital time;
• Time transport ended, (clear time?); and
• Identification number of the ambulance(s) that arrived on scene.
ii. Non-Compliant Response Report
The Independent Contractor shall submit a quarterly non-compliant response
report electronically to the City, no later than 5 PM, five (5) business days after
the final day of the quarter. The contact for this requirement will be the Deputy
Chief of EMS and Community Relations.
This report shall include all information outlined in Section 5.d.i for all calls in
which the response time requirements were not achieved, if any.
iii. Incident Reports
The Independent Contractor will complete and submit to the City within 48 hours,
or any shorter time if required by the City’s Fire Chief, incident reports for each
action considered non-conforming to policies and procedures and for any other
incident if requested by the City. Non-conforming incidents include, but are not
limited to, ambulance accidents or vehicle failures while on a call, equipment
failures, patient injuries, and patient or facility complaints. A copy of all incident
reports shall also be maintained on file at the Independent Contractor’s
administrative offices.
Incident reports must include but not be limited to the following information:
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• Date of incident;
• Incident number if applicable;
• Personnel involved;
• Unit number if applicable;
• A detailed narrative of the event; and
• A narrative of corrective action taken.
iv. Quality Improvement Reports
Within fifteen (15) days following the end of each quarter, the Independent
Contractor shall provide a report in writing and electronically, summarizing
quality improvement activities of the previous month.
v. Pre-Hospital Patient Care Reports
Patient care report (PCR) is required to be completed, and submitted as required,
for all patients for whom care is rendered. In order to facilitate system and quality
improvement efforts, the PCR must meet with the state of Oregon requirements.
The Independent Contractor must provide a copy of a PCR within 24 hours of a
city request. The Independent Contractor will cooperatively work with the City’s
Fire & Life Safety Department to develop and implement a PCR reporting system
acceptable to both parties. In the event consensus is not achieved, the City may
require the Independent Contractor to use whatever reporting system the City
uses. Costs associated with the development and implementation of the reporting
system shall be Independent Contractor’s responsibility.
NOTE: All electronic reports shall be a comma delimited ASCII or EXCEL files
unless agreed to otherwise by the City. Springfield’s secure FTP site shall
be used if a report contains any information that is protected under
HIPAA.
d. Record Requests
The Independent Contractor shall also complete, maintain, and if requested by the
City, provide access to or copies of the following records and reports (including
supporting data if requested) within fifteen (15) working days of the request.
• Equipment failure records
• Vehicle maintenance records
• Patient account records
• Deployment planning records
• Continuing education and training reports
• Office of Inspector General recommended Medicare Audit Compliance
reports
5. Finance and Administration
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a. Budgeting
The provider shall provide to the City sufficient information on the costs of its
service on a quarterly basis to justify the rates necessary for City Manager approval
as set forth in 6(c) Ambulance Rates.
b. Business Office, Billing and Collection System
The Independent Contractor will be responsible for all ambulance billing and
revenue for services provided by Independent Contractor’s ambulances and staff
only. The City will be responsible for all ambulance billing and revenue for services
provided by City resources. However, if the Independent Contractor so chooses, the
Independent Contractor may negotiate billing services as a separate contract with the
City.
The Independent Contractor shall utilize a billing and collections systems that
includes a reporting system acceptable to the City, is easy to audit, is HIPAA
compliant, minimizes the effort required to obtain reimbursement from third party
payers and is capable of electronically filing Medicare claims.
The Independent Contractor shall provide a local or toll free phone number for
inquiries from patients and third-party payers. This phone number will be included
on all ambulance bills sent by Independent Contractor.
c. Ambulance Rates
The Independent Contractor may set its own rates for service subject to approval of the
City Manager.
Current Springfield ground ambulance rates:
Base rate $1,600, mileage $20.00/pt. mile.
d. Annual Financial Audits
Independent Contractor shall supply to the City annual audited financial statements
prepared by an independent public accounting firm in accordance with Generally
Accepted Accounting Principles (GAAP). Statements shall be available to the City
within one hundred twenty (120) calendar days of the close of Independent
Contractor’s fiscal year. If Independent Contractor’s financial statements are
prepared on a consolidated basis, then separate balance sheets and income statements
shall be required and shall be subject to the independent audit.
The Independent Contractor shall maintain its financial records for a period of five
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(5) years after termination of the agreement with the City, or until the records have
been audited by the City, whichever event occurs first. These records shall be made
available during the term of the agreement and the subsequent five-year period for
examination, transcription, and audit by the City, its designees, or other authorized
bodies. The City reserves the right to conduct an independent audit of these records
at any time and the Independent Contractor will provide access to all relevant
records and cooperate fully with any such independent audit.
The documents submitted in compliance with this section 6 (d) will be considered
exempt from Public disclosure under Oregon Public records law pursuant to “trade
secrets” ORS 192.501(2) and “business records required to be submitted” ORS
192.501(5) and City shall not release such information unless compelled by a
determination of Lane County District Attorney or Court. Further, the City shall
provide 14 days prior notice of such requested release or potential release to the
provider. In order to facilitate City’s adherence to this requirement provider shall
identify documents subject to this requirement in response.
e. Compliance with All Laws and Regulations and Reporting
i. Compliance
The Independent Contractor must comply with all federal, state and local laws,
regulations, rules and procedures applicable to the provision of the services
provided, including without any limitation whatsoever the Health Insurance
Portability and Accountability Act of 1996, Pub. L. No. 104-191 (HIPAA),
and its implementing regulations; Oregon Revised Statutes chapter 682; Oregon
Administrative Rules Chapter 333 divisions 250, 255, 260 and 265; and Oregon
Administrative Rules Chapter 847, division 035, and Oregon Occupational Health
& Safety Administration (OR-OSHA). The Independent Contractor must also
obey all provisions of the Lane County Ambulance Service Plans and ordinances
applicable to ambulance Independent Contractors (except response time reporting
for which the City will be responsible).
The Independent Contractor must also comply with all provisions in this request
for proposal and nothing in the foregoing shall be construed to allow the
Independent Contractor to not comply with any request for proposal requirement
imposing additional or higher or stricter standards or requirements.
ii. Reporting to City
The Independent Contractor shall notify the City anytime the Independent
Contractor or any of its employees are named or noticed in any administrative,
civil or criminal proceeding. This notice shall be in written form and forwarded
to the City within five (5) working days of the date the Independent Contractor or
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any of its employees become aware of any such claim or notice.
The Independent Contractor shall also notify the City anytime the Independent
Contractor or any of its employees are audited by any regulatory authority. This
notice shall be in written form and forwarded to the City within five (5) working
days of the date the Independent Contractor or any of its employees become
aware of any such audit.
The Independent Contractor shall notify the City of the results of any proceeding
or audit. This notice shall be in written form and forwarded to the City within
five (5) working days of the resolution.
f. Demonstration of Financial Position
i. Financial History
Provide evidence clearly documenting your financial history for the past two
(2) years. If you are part of a larger entity, all financial information must be
reported for the operational unit submitting the proposal. If you are a multi-
site operator or subsidiary operation, you may report consolidated financial
information provided that a letter guaranteeing your performance with the
full faith and credit of your organization is included with the financial data
and is signed by an official with the authority to commit the parent
organization.
ii. Proposed Operating Budgets
Submit three completed “Proposed Operating Budgets,” one for each of
the first three (3) years of operation.
iii. Projected Revenues
Projected revenues must be clearly identified, for each of the first three (3)
years of operation, including all sources of revenue. If projected revenue
does not cover operating expenses for any year, identify a financial plan to
address any such deficits.
iv. Organizational Chart
Provide a current organizational structure chart identifying position titles
and chain-of-command relationships.
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v. Capital Resources
Provide and document the following:
1. Access to sufficient capital to provide for implementation and start-up
of the agreement.
2. Financial reserves, or net worth, sufficient to fully sustain the
operation for 3 months in case you have incorrectly estimated
expenses or profits from the operation. Explain plan for funding
operation if you do not have sufficient reserves.
3. Any issue or potential event that may have a material bearing on your
financial condition, solvency or credit worthiness of the organization.
These should include any material contingent liabilities or uninsured
potential losses.
4. If you or your parent company is publicly traded, a copy of the most
recent annual report and SEC forms 10(k) and 10(Q). These must
include audited financial statements for at least the past three (3) years.
5. If you are not publicly traded, copies of audited financial statements
for the last two (2) years.
6. A compliance program for all federal programs (Medicare and
Medicaid) and third party payer billing. You must identify your
program, methods, documentation guidelines and implementation
procedures. You must also identify your compliance officer and detail
policies related to reporting and resolution of compliance issues.
7. Identify the automated program for billing Medicare and Medicaid
electronically.
8. Identify and describe the circumstances of any bankruptcy filings
involving your organization within the past five (5) years.
iv. The documents submitted in compliance with this section 6 d or f will be
considered exempt from Public disclosure under Oregon Public records law
pursuant to “trade secrets” ORS 192.501(2) and “business records required to
be submitted” ORS 192.501(5) and City shall not release such information
unless compelled by a determination of Lane County District Attorney or
Court. Further, the City shall provide 14 days prior notice of such requested
release or potential release to the provider. In order to facilitate City’s
adherence to this requirement provider shall identify documents subject to this
requirement.
1
MCMAHAN Jayne
From:MCMAHAN Jayne
Sent:Wednesday, February 15, 2012 8:43 AM
To:'Justin Dillingham'
Subject:RFP644 Critical Care Transports - Life Flight Response
Importance:High
Hi Justin,
Thank you for submitting your response to our RFP 644 Critical Care Transports (CCT).
Please be informed that in the event that Life Flight proposal is selected in the section Quality, Performance, and Audit
Programs subsection Data and Information Reporting the City will not be supply any quarterly reports to any supplier
regarding CCT Non‐compliance.
Kind regards,
Jayne
Jayne McMahan C.P.M. |Sr. Management Analyst‐Purchasing|City of Springfield|office: 541.726.3708
jmcmahan@springfield‐or.gov
Please consider the environment before printing this email.
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Attachment 3
FireMed Terms & Conditions
FireMed Ambulance Membership Program Terms of Agreement
By Joining FireMed, Members Agree to Abide by the Terms of Agreement below.
Definition: FIREMED is a voluntary ambulance membership program operated by the City of
Eugene, the City of Springfield, and Lane Rural Fire/Rescue District, hereinafter referred to as
FIREMED. FIREMED is not insurance. It is in addition to any medical benefits members may
have. FIREMED will bill insurance or other coverage for ambulance services that members may
have and FIREMED is entitled to all benefits paid for ambulance services rendered, up to the
total dollar amount of services incurred.
Membership Benefits: Membership covers applicable patient out-of-pocket expenses for
medically necessary ground ambulance transportation to the nearest appropriate hospital,
provided by FIREMED within the FIREMED ambulance service areas of the City of Eugene,
City of Springfield, and Lane Rural Fire/Rescue District. "Medically necessary ground
ambulance transportation" means that the patient must be transported to a hospital for medically
necessary services, and transportation in any other vehicle could endanger the patient's health.
Membership Benefits Outside of Local Service Area: Other participating reciprocal
ambulance providers may extend member benefits to areas outside the FIREMED ambulance
service areas. These benefits are limited to the terms of agreement in effect by the participating
provider providing services at the time benefits are used. Members who receive reciprocal
ambulance service from any other participating provider are eligible for benefits offered by that
provider, if the member agrees to abide by the participating provider's terms of agreement. A
current list of participating providers is on file in the FIREMED business office and on the
website: firemed.org. FIREMED is not responsible for the type, level, or quality of services
provided by a participating provider nor is FIREMED financially responsible for any costs or
charges incurred by a member from any other provider. Participating providers are subject to
change without notice. FIREMED is not responsible for the withdrawal of participating
reciprocal providers.
Member Responsibilities: Members pay an annual membership fee and will assign and transfer
to FIREMED all rights and benefits for ambulance services from all insurance policies, plans, or
other benefit programs members may have, including all rights in any claim or third party
recovery, up to the total dollar amount of services incurred, where FIREMED provided
ambulance services. Should any person covered under this membership receive any payment for
ambulance services rendered by FIREMED, they will immediately forward such payment to
FIREMED. Members authorize the release of medical and other information by or to FIREMED
as necessary for ambulance billing. Members agree to provide, when requested, any or all
information concerning insurance policies, plans, third party recovery, or other benefit programs
they may have, and will cooperate and assist as necessary in any efforts to bill and collect such
ambulance reimbursements, including the completion and submission of documents or claim
forms.
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Membership Eligibility: Residents of FIREMED's ambulance service areas are eligible to join
by properly completing an enrollment application available from FIREMED and by paying the
appropriate annual membership fee. FIREMED membership includes all persons who are
permanent residents of the same single-family occupancy, non-commercial residence, living
within FIREMED's ambulance service areas, living together as part of a family unit, including
domestic partners, but not to include roomers or boarders. Membership benefits include
household members living in substitute care (e.g. nursing homes) in FIREMED's ambulance
service areas. Others not included in this definition are required to obtain their own separate
membership. The first person listed on the application form is the "Primary Member." Anyone
who joins a household after the membership goes into effect can be included under the
membership from the date the Primary Member notifies FIREMED of the addition. Only those
persons who meet the membership eligibility requirements AND are listed in the membership
record at the time services are rendered are eligible for benefits.
Duration: Membership coverage begins two business days after acceptance of a properly
completed application form with payment, and extends to June 30, 2012.
To the Member's Insurance Carrier (for members with insurance): As a FIREMED
member, I authorize use of a copy of this agreement in place of the original on file at the
FIREMED office. I assign and authorize payment of benefits for ambulance services directly to
FIREMED, according to the FIREMED terms of agreement and as itemized on claim forms. My
membership fee covers any applicable deductible, coinsurance, or co-payment amounts and I
expect the usual and customary ambulance reimbursement on my behalf be sent directly to
FIREMED.
Disclaimer: FIREMED reserves the right to add, modify, or delete any of the program terms and
conditions completely or in part. All interpretations of the membership terms and conditions
shall be at the sole discretion of FIREMED. Membership is non-transferable and non-refundable.
Persons who receive welfare, Medicaid, Department of Medical Assistance Programs, or Oregon
Health Plan medical benefits need not be members in order to have full coverage for services
covered under these programs. Any such membership constitutes a voluntary contribution only.
Violations of the terms of agreement may result in membership revocation, forfeiture of benefits
associated with membership and an obligation to pay all balances in full.
FireMed Plus, Life Flight Network Air Ambulance Option: Life Flight Network air
ambulance membership is an optional coverage available for an extra fee. See Life Flight
Network membership brochure at www.lifeflight.org, or call 1-800-982-9299 for latest
membership terms. If you or a family/household member uses Life Flight Network emergency
air transport under medically necessary circumstances, Life Flight Network will accept an
insurance settlement (if any) as payment in full. Such transports may also be covered for
members transported by a reciprocal provider. Reciprocity is subject to the reciprocating
provider's rules. Related ground ambulance transport is covered when provided by a FIREMED
network reciprocal provider. Life Flight Network flies patients based on medical need, not
membership status. Medicaid beneficiaries should not apply for membership.
Revised 3/11