TABLE OF CONTENTS
Section 1 - Instructions and General
Conditions
1.1 Purpose
1.2 Definitions
1.3 Documents
1.4 Receipt of Proposal
1.5 Unacceptable Proposals
1.6
Inquiries and
Clarifications
1.7 Contract Requirements
1.8 Evaluation
1.9 Award
1.10 Advertising
1.11 RFP Schedule
1.12 Trade Secret Confidentiality
1.13 Federal Taxes
1.14 State Sales Tax
1.15 Responsibility of Compliance with Legal
Requirements
1.16 Indemnity
1.17 Insurance
1.18 Addendum
1.19 Compliance with RFP Requirements
1.20 Right to Reject Proposals
1.21 Breach of Contract
1.22 Limitations of Liability
1.23 Assignment
1.24 Governing Law
Section 2 - Statement of Service Requirements
and Special Conditions
2.1 Introduction and Background
2.2 Intent
2.3 Scope of Work and Service
2.4 Delineation of Security Responsibilities
2.5 Health Care Service Requirements
2.6 Policies and Procedures
2.7 Contractor’s Personnel
2.8 Facility Requirements
2.9 Reports Provided to Facility by Contractor
2.10 Contractor Compensation
2.11
Health Care Cost
Control
Section 3 - Proposal Preparation
Instructions, Format, and Form
3.1 Proposal Preparation Instructions
3.2 Proposal Format
3.3
Proposal Form
SECTION 1 -
INSTRUCTIONS AND GENERAL CONDITIONS
1.1
Purpose
1.1.1
The County of
Penobscot is requesting proposals from organizations that are qualified to
provide health care to inmates detained in, and to operate and manage the
healthcare program in the Penobscot County Jail. The Proponent agrees to
provide services, which meet the Maine Standards for Jails, Holding Facilities and Short Term
Detention Areas as promulgated pursuant to 34 MRSA § 1208.
The following table lists the jail’s inmate capacity:
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Name of Jail
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Rated
Capacity
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Average Daily
Inmate Population
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Date medical services contract to begin
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Jail serves female inmates
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Jail serves juvenile inmates for up to
72 hours
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|
|
|
|
|
|
|
|
Penobscot
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143
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143
|
January 1, 2012
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Y
|
Y
|
|
|
|
|
|
|
Generally <6
|
This Request for Proposals (RFP)
contains the key questions and information requirements for respondents to
address. Submissions must fully address
all items. It is the intent of the RFP process to receive proposals prepared in
accordance with this RFP and consistent with the scope of services required.
1.1.2
Innovative ideas for management of the inmate
healthcare services will be welcomed. The county anticipates receiving all
proposals and then negotiating a management agreement with one proponent. Proposals will be evaluated based on the
criteria established within the RFP. The
county reserves the right to negotiate any and all fees and contractual terms
upon selection of the preferred contractor.
It is anticipated that the contract term will be for a period of three
(3) years, with an option to renew the contract for up to two additional
two-year (2) terms.
1.1.3 Award of Contract – The Board of
Commissioners reserve the right to reject any or all bids, to waive any or all
formalities in the bidding, to evaluate bids, to investigate the references of
any and all bidders, to negotiate with one or more bidders and otherwise to act
as it deems to be in the best interests of the county. The county commissioners may make awards
following competitive bids to a bidder, considering price, quality, and overall
value of the service offered and reliability of past and expected future
service. All bids will be scheduled and
opened at a publicly announced meeting.
Lowest cost is not the sole determinant for the award and the county is
not obligated to accept the lowest cost bid.
1.2
Definitions: In this RFP, the
following terms will have the meaning set forth below:
1.2.1
“The jail, facility or detention facility”
means a jail facility or any of its satellite operations serving one or more
Maine county.
1.2.2
“Designated Representative” means
employees or representatives who are authorized in writing to deal with the
Contractor on behalf of the county in connection with the goods and services or
to make decisions in connection with the Contract.
1.2.3
“Closing Time” means the closing date,
time, and place as set out on the title page of this RFP.
1.2.4
“Contract” means the executed agreement
between the county and the Contractor on the terms and conditions set out in
the Contract Documents.
1.2.5
“Contract Documents”
means the Contract, the Contractor’s Proposal Documents, the RFP and such other
documents as listed in the Contract.
1.2.6
“Contractor” means the
successful Proponent who enters into a contract with the Facility to provide
the Services pursuant to this RFP, its employees and agents.
1.2.7 “Facility” means the jail and any
satellite locations where medical services are to be provided.
1.2.8 “Fiscal Year” denotes the period of
time from July 1 through June 30.
1.2.9
“Health Care Delivery System” means
medical services
1.2.10 “Proponent”
means the person, firm or corporation responding to this RFP.
1.2.11
“Proposal” means the proposal with
all accompanying schedules, appendices or addenda submitted by the Proponent in
response to the RFP.
1.2.12
“Proposal Submission Forms” means
the Proposal summary and required information, completed in accordance with
Section 3 - Proposal Submission Instructions, Format, and Forms.
1.2.13 “RFP” means this Request for Proposal
consisting of all papers bound with or attached to this document. These may include but not be limited to:
Addenda issued during RFP process;
Section 1 - Instructions and General Conditions; Section 2 - Statement of
Requirements and Special Conditions; Section 3 - Submission Instructions,
Format, and Forms; Section 4 - Draft Contract; Section 5 ‑
Copy of Advertisement for RFP.
1.2.14 “Requirements”
or “Services” means all specifications and requirements set out in any
section in the RFP that describe the general requirements that the services,
goods, materials, or equipment must meet and the successful Proponent must
provide.
1.2.15 “Special
Conditions” means the special conditions, if any, set out in the RFP, and
elsewhere in the Contract.
1.2.16
“Subcontractors” means subcontractors,
agents or third parties engaged by the Proponent in connection with providing
or supplying the services, goods, materials, or equipment.
1.3.
Documents
Documents pertinent to the RFP and all
papers bound with or attached to this RFP and as described in the Table of
Contents are necessary parts of the RFP and must not be detached or
altered. Proponents must submit their
Proposals using the format and forms described in Section 3 - Proposal
Submission Instructions, Format, and Forms.
1.4.
Receipt of Proposal
1.4.1
Proposals will be received up to the Closing
Time. The Proposal and required number
of copies (in accordance with Section 3) shall be submitted in a sealed
envelope or package, marked with the Proponent’s name and the RFP title and
number, by the date and time shown on the title page of this RFP. Any proposals received after the scheduled
closing time for the receipt of proposals will not be considered and will be
returned to the proponent, unopened.
1.4.2 Proponents
may withdraw or resubmit their proposal at any time prior to the closing
time for receipt of proposals. No
proposal may be withdrawn after the scheduled closing time for receipt of
proposals for a period of ninety (90) days.
1.4.3
If alternative Proposals are offered, the
Proposals shall be submitted separately in the same format as the initial
Proposal.
1.4.4
Any deviations from
the requirements or the conditions specified in this RFP must be clearly stated
in the Proponent’s Proposal. The county
will be the sole judge as to what constitutes an acceptable deviation. If no deviations are indicated in the
Proponent’s Proposal, the county expects the Proponent to be in full compliance
of the requirements and conditions as stated herein.
1.4.5
A
Proposal which:
a. contains an error,
omission, or misstatement, which contains qualifying conditions, or
b. does not fully
address all the requirements of this RFP, or
c. otherwise fails to
conform to this RFP
may be rejected in whole or in
part. The county may waive any non‑compliance
with the RFP, specifications, or any conditions including the timing of
delivery of anything required by the RFP.
The county may at their sole discretion elect to retain for
consideration Proposals which are non‑conforming, which do not contain
the content or form required by the RFP or which have not complied with the
process for submission set out herein.
1.4.6
All costs for the preparation of the
Proponent’s Proposal will be borne solely by the Proponent.
1.4.7
Amendments to a Proposal may be submitted if
delivered in writing to the address shown on the title page of this RFP prior
to the Closing Time. In addition,
Proposals may be withdrawn providing a written and signed notice has been
received prior to the Closing Time.
1.5.
Unacceptable Proposals
1.5.1
Proposals received after the Closing Time or
in locations other than the address indicated, will not be accepted and will be
returned unopened. Unacceptable
proposals, which are opened in error, will not be considered.
1.5.2
Proponents are cautioned to carefully read
and follow the instructions stated herein, as the county reserve the right to
disqualify any Proposal that fails to meet any of the Requirements of this RFP.
1.6.
Inquiries and Clarifications
1.6.1 It is the responsibility of the Proponent to
thoroughly examine these documents and to understand the full requirements of
this RFP. Inquiries are to be in written
form only and faxed or e-mailed to the contact person shown on the cover page of
this RFP. Inquires may be made up to
five (5) working days prior to the Closing Time. If appropriate, responses will
be issued to all Proponents.
1.6.2
The county may issue a written addendum up to
five working days prior to the Closing Time and will make every effort to
ensure that all Proponents receive all addenda; however, it is the
responsibility of the Proponent to determine whether any addenda have been
issued, before the Closing Time. This RFP and other such items will be posted
on the “News” section of the sheriff’s web page at
<penobscot-sheriff.net>
1.6.3
The county shall not
be bound by oral or other information, explanations, or clarifications not
confirmed by written addendum.
1.6.4 All questions must be submitted to the
attention of Sheriff Glenn Ross; Penobscot County Sheriff’s Office and may be
faxed to (207) 945-4761 or sent via e-mail to
<sheriff@penobscot-sheriff.net>
Questions received will be answered in
writing and will be sent to all proponents. The final deadline for all questions is 3:00 p.m. on Friday, October
14, 2011.
1.7.
Contract Requirements
1.7.1
The successful
Proponent will be required to enter into a contract on January 01, 2012.
1.7.2
Term of Contract: The
contract period will be for an initial three year period, from January 01, 2012
until January 01, 2015 with an option to renew for two additional two year
periods.
1.7.3
If any of the terms set out herein are
unacceptable to the Proponent, the Proponent must identify such terms and
provide suggested alternatives in its Proposal.
The county is not obligated to accept or consider any alternatives.
1.7.4
The county will not be obligated in any
manner to any Proponent whatsoever until the Contract is fully executed.
1.7.5
Execution of Contract:
If the successful Proponent fails to execute and return the Contract to the county
within ten (10) days of receipt of the completed contract, the county may cease
all discussions and have no obligation to the Proponent. The county may, if they choose to do so,
award the Contract to another Proponent, all without affecting any claim, which
the County may have against the Proponent as a result thereof.
1.7.6
Termination of contract: This Agreement may be terminated upon written
notice by either party to the party who
breaches a material term or condition of the Agreement. A breach of material
term or condition of this Agreement can be cured by the breaching party’s
performance (or payment of money) within 30 days after receipt in writing from
the other party of notice of such breach.
In the event that the
successful Proponent is unable or unwilling to perform its obligations under
the Agreement, the county shall have the right to terminate this Agreement
without any continuing obligations to the successful Proponent.
This Agreement may be
terminated without cause by either party by giving to the other party in
writing a ninety (90) day notice of its intent to terminate this Agreement.
1.8 Evaluation
1.8.1 Evaluation Criteria: The county will evaluate the proposals received on the
basis of the overall best value to the county and any criteria set out herein
based solely on the facility’s assessment of the Proposal including, but not
limited to:
1.8.1.1
Thoroughness and
completeness of proposal; responsiveness to RFP requirements.
1.8.1.2
Demonstrated
understanding of the problems and needs presented by the project. Soundness of proponent’s approach to the
problems and needs presented by the project including proponent’s methodology
for achieving specific tasks and objectives.
1.8.1.3
Experience and
capacity of proponent including recent and related experience. Experience
related to government activities will be granted higher weight. Overall coverage of nursing hours, sick call
frequency and med tech hours will be evaluated.
Proposals that maximize the provision of these services will be given
higher weight. Proponent shall submit with its proposal a list of references
for all its current contracts for Healthcare Services. The reference list is to contain the
following for each reference: (1) the name of the organization, (2) contact
person, (3) telephone number, (4) description of service provided, and (5) the
length of time the Proponent has been providing the service.
1.8.1.4
Qualifications of
project personnel, proponent’s ability to commit capable staff and support a
project of this size, and proposed staffing pattern.
1.8.1.5.
Best economic offer for the site; cost effectiveness and reasonableness
of proponent’s proposed fees. (NOTE: This in no way implies the proponent with
the lowest price proposal will necessarily be selected.)
1.8.1.6
Any other criteria the county, in its sole
discretion, deem necessary to evaluate the Proponent’s offer.
1.8.2 Evaluation of Subcontractors: All subcontractors of the Proponent will be subject to the
same evaluation process, at a minimum.
It is the responsibility of the Proponent to guarantee that all
subcontractors will comply with all the requirements and terms and conditions
set out in the RFP document. With the exception of emergency replacement staff,
nurses shall be employees of the Proponent.
1.8.3 Presentation and Additional Information: After the proposal opening, Proponents may be required to
provide additional information as deemed necessary by the county. Any costs incurred in providing a
presentation or other information is the responsibility of the Proponent. Such presentations provide an opportunity for
the Proponent to clarify their proposal and to ensure thorough mutual
understanding. The county will determine whether a presentation is needed and
will schedule the time and location for the presentation.
1.8.4 Negotiations
1.8.4.1
The county reserves the right, at their
sole discretion, to enter into negotiations with the Proponent or with any
other Proponents concurrently. In no event will the county be required to offer
any modified terms to any Proponent prior to entering into a Contract, and
the will not be liable to any proponent
as a result of such negotiations.
1.8.4.2
The county may,
prior to and after Contract award, negotiate changes to the requirements,
services, specifications or any conditions with any one or more of the
Proponents. The county may do so without
having any duty or obligation to advise any other Proponent or to allow them to
vary their Proposal as a result of changes to the scope of the requirements,
services, specifications or any conditions. The county shall have no liability
to any other Proponent as a result of such negotiations or modifications.
1.9 Award
1.9.1
A
contract resulting from this RFP shall be awarded to the responsive and
responsible Proponent, whose proposal is determined to be most advantageous to
the county, taking into consideration price and the evaluation factors set
forth herein. The county reserves the right
to reject any and all proposals received.
The county will be the sole judge as to whether a proponent’s proposal
has or has not satisfactorily met the requirements of this RFP.
1.9.2
The county is not under any obligation to
award a contract for this RFP, and reserve the right at their sole discretion
to terminate or amend this RFP at any time.
1.9.3
The Proponent acknowledges and agrees that
the county will not be responsible for any costs, expenses, losses, damages
(including damages for loss of anticipated profit) or liabilities incurred by
the Proponent as a result of or arising out of submitting a Proposal for the
proposed Contract, or due to the county’ acceptance or non‑acceptance of
their Proposal or any contract award not made in accordance with the express or
implied terms of the RFP.
1.10
Advertising
The award of a Contract does not permit
a Proponent to advertise its relationship with the county, without the county’
prior written authorization.
1.11 RFP Schedule
(Eastern Standard Time) All to be announced by January 1, 2012
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Advertisement
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Pre-Bid Conference at Penobscot County Sheriff’s Office
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Deadline for
receipt of written questions from proponents
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Deadline for
receipt of proposals
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Presentations (
if required)
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Agenda Deadline
for Board of Commissioners Meeting
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Award of
Contract(s)
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Begin Service
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July 01, 2012 for a three year period
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1.12
Trade Secret Confidentiality
All proposals received and recorded at
the bid opening are considered public record and available for public
inspection. Trade secrets contained in a
proposal may be kept confidential if the Proponent, at the time the proposal is
submitted, designates them secret and requests that they be kept
confidential. This right of privacy will
be construed as narrowly as possible to protect the interests of the Proponent
while attempting to maximize the availability of information to the public.
1.13
Federal Taxes
The county is exempt from and will not
pay Federal Excise Taxes or Transportation Taxes.
1.14
State Sales Tax
If proponent is required to charge
state sales tax on Proponent's sales, Proponent shall not include such charges
as part of the proposal price. County
will pay state sales tax over and above proposal prices when invoiced, only if
required by law to do so.
1.15
Responsibility of Compliance with Legal Requirements
The Proponent shall be in full
compliance with any and all applicable federal, state, local, environmental and
safety laws, regulations, ordinances and standards, the state Department of
Corrections Standards, and American Correctional Association standards.
1.16 Indemnity
Contractor hereby
agrees with the county that it is contracting with the county as an independent
contractor and that any personnel supplied to the county hereunder are not
employees of the county and are employees, agents or subcontractors of the
Contractor. The Contractor shall
be, and remain, responsible to the county for all its acts or omissions in
connection with the duties and services under this Agreement which result in
damage or injury to persons or property.
The Contractor shall hold the county harmless with respect to, and shall
defend and indemnify the county against, all costs, expenses, claims or liability
which are asserted against or incurred by the county by virtue of, arising out
of, or in connection with any acts or omissions of the Contractor in the
performance of its duties under this Agreement
1.17
Insurance
1.17.1 Insurance
Company Requirements
Contractor shall maintain insurance from companies licensed to
write business in Maine, with an A.M. Best rating of “A” or higher and
acceptable to the county, of the kinds and minimum amounts specified below.
1.17.2
Certificates and Notice of Cancellation
Before commencing work under this
agreement, Contractor shall furnish the facility with certificates of all
insurance required below. Certificates
shall indicate the type; amount, class of operations covered, effective date
and expiration date of all policies, and shall contain the following statement:
"The insurance covered by this
certificate will not be canceled or materially altered, except after (30) days
written notice has been received by the facility."
1.17.3
Workers Compensation and Employers Liability Insurance
Provider shall maintain workers’ compensation insurance covering
all of its employees and contractors providing services pursuant to this
Agreement, providing the required statutory benefits under Maine’s State Workers’
Compensation Law, and employer’s liability insurance, in amounts not less than
One Hundred Thousand Dollars ($100,000) (property damage) and Five Hundred
Thousand Dollars ($500,000) personal injury, including death.
1.17.4
Commercial General Liability
Provider shall maintain commercial general liability coverage for
itself and for independent contractors, including operations, contractual
liability assumed under the provisions of this contract, products/completed
operations liability and broad form property damage liability insurance
coverage. The policy shall provide
liability limits of not less than One Million Dollars ($1,000,000) per
occurrence, applicable to claims due to bodily injury and/or property
damage.
1.17.5 Professional
Liability Malpractice Insurance.
Provider shall maintain professional liability insurance
providing liability insurance in the amount of One Million Dollars ($1,000,000)
covering all persons providing services under this Agreement. Provider shall maintain this coverage for a
period of at least six (6) years beyond the termination of the contract, or may
obtain corresponding “tail” coverage.
1.17.7
Umbrella Liability Insurance
Provider shall maintain coverage as excess above the underlying
commercial general liability insurance, workers’ compensation and employer’s
liability insurance, and professional liability insurance policies required by
this contract. This coverage shall
provide excess liability limits in an amount not less than Three Million Dollars
($3,000,000) per occurrence, applicable to claims arising from bodily injury,
personal injury (including death) and property damage. Provider shall maintain this coverage for a
period of at least six (6) years beyond the termination of the contract.
1.17.8 Facility
to be Named as Additional Insured and Provided With Certificate of Insurance.
Facility
shall be listed as an additional named insured on each of the insurance polices
procured by the provider as required herein, and the Facility shall be provided
with a certificate of insurance showing the coverage provided and the
Facility’s status as an additional named insured. Provider shall authorize its
insurance agent, broker and/or carriers in writing, to furnish the Facility
with complete information regarding the coverages required herein, including
premiums or assessments charged, copies of coverage forms, declarations pages,
and any correspondence or communications between Providers and its agents,
brokers and/or carriers relating to said insurance.
Provider shall provide the Certificates of Insurance and written
authorizations to Facility no later than fifteen (15) days before the term of
this Agreement commences to run.
1.18
Addendum
The RFP package constitutes the entire
set of RFP instructions to the Proponent.
The county shall not be responsible for any other instructions, verbal
or written, made by anyone. Any changes
to the specifications will be in the form of Addenda mailed to all proponents
who are listed as having attended the pre-bid conference.
1.20
Compliance with RFP Requirements
Failure to comply with these provisions
or any other provisions of the General Statutes of Maine will result in
rejection of proposal.
1.21 Breach of Contract
The Proponent and the county agree that
should either party breach the Agreement then none of the following actions by
either party shall be considered a waiver of such breach:
·
Failure to demand
strict performance of any provision of the Agreement
·
Acceptance of full or
partial performance of the provisions of the Agreement
·
Failure to exercise
any available remedy.
1.22 Limitations of Liability
The county shall not be liable for
consequential, incidental, special or indirect damages arising out of the
agreement, including loss of profits or revenues, loss of business opportunity,
cost of capital or loss of goodwill, even if such party has been apprised of
the possibility of such damage.
1.23 Assignment
This Agreement may not be assigned
or otherwise transferred by the successful Proponent without the prior written
consent of the county. Any permitted
assignee shall assume all obligations of its assignor under this Agreement.
1.24 Governing
Law
This Agreement shall be governed
by, and construed and enforced in accordance with, the laws of the State of
Maine, without regard to any choice of principles.
SECTION 2 - STATEMENT OF SERVICE REQUIREMENTS AND SPECIAL
CONDITIONS
2.1
Introduction and Background
The Penobscot County
Jail has authority over adults pending adjudication and for sentences of less
than one year. The facility is currently
rated for a capacity of 143 inmates by the Maine Department of Corrections.
Currently the jail operates as an inmate Hub system; coordinating with other
counties and the state with movement of inmates to other facilities in the
state. As such, the medical provider has responsibilities in regards to the
inmates in transition; and inmates that may be housed over night or for a
shorter duration. These responsibilities include but are not limited to; the
provision of emergency medical care, management of inmate medical records, and
pharmaceutical management.
The rated inmate
capacity of the jail is determined by the Department of Corrections. That figure and the average daily inmate
population for each jail are shown in the table at section 1.1.1. Once the rated capacity number of a jail has
been met, the jail must board excess inmates at other facilities within 48
hours excluding weekends and holidays, and those other facilities provide
medical services to these boarders. If in the unlikely event, that the capacity
of the jail is adjusted upwards or downwards by a margin of 10% (ten per cent)
or more; then the county and Contractor can negotiate the financial impact to
the increased/decreased population.
The table at section
1.1.1 also indicates whether the jail is authorized to hold females or to hold
juveniles for up to 72 hours.
2.2
Intent
It is the intent of the county
to solicit proposals for Inmate Medical Services at their facility and to
select a Proponent which best satisfies the requirements for inmate health
care. The selection of an inmate health
care Contractor ultimately resides with the county’ respective Boards of Commissioners.
2.3
Scope of Work and Service
2.3.1
The Contractor shall
be responsible for every facet of the health care delivery system at the
Facility and shall conduct said program in full compliance with applicable
standards, laws, ordinances, rules and regulations of Federal, State, and Local
authorities that may be applicable. The
responsibility for providing health care commences with the commitment of an
inmate to the custody of the detention facility and ends with the discharge of
the inmate.
2.3.2
The health care
delivery system must conform to State standards for medical services and State
jail standards as promulgated by the Maine Department of Corrections. The system must also be compliant with all
applicable American Corrections Association (ACA) standards.
2.3.3
The successful
proponent will be required to deliver quality health care that can be audited
against established standards, in a cost effective manner, with full reporting
and accountability to the detention facility.
The county may contract with an independent auditor at their expense.
2.3.4
The Contractor will implement a written
health care plan with clear objectives, policies, procedures, and an annual
evaluation of compliance.
2.3.5 The Contractor will insure that appropriate
staff is available to provide the health care services as defined in this
proposal. The Contractor will provide
cost options for the staffing requirements listed below. Staffing at each facility shall at all times
be sufficient to carry out the requirements of the Contract, using only
licensed and professionally trained personnel to provide health care coverage
for the following options:
2.3.5.1
Nursing Coverage:
Provide an RN or an LPN with appropriate
supervision to conduct daily nurse’s sick call, review medical requests,
conduct medication administration (see 2.3.5.2 below), and perform other
functions required by the contract.
a. 84 hours per week/12 hours per day/ 7 days
per week
2.3.5.2 Medication Administration:
a. Provide
appropriate staff to conduct Medication Administration for inmates seven days
per week; (the on-duty nurse may be used for this service weekends).
b.
Medication distribution to inmates will be provided
within the scope of Maine state law.
Quality review audits will be performed monthly.
Medications are to be administered by an RN or LPN.
c.
As an option the
Proponent may present a bid that allows for medication management with a Med
Tech and/or through additional nursing hours separate from those hours
specified in 2.3.5.1.
2.3.5.3 Medical Sick Call:
A
qualified Physician, Physician Assistant or Nurse Practitioner will be on-site
to provide sick call. The precise
schedules will be established during negotiations and may include work during
evenings or weekends. The contractor’s
proposal will include a schedule of options and associated costs for the
administration of nursing hours, sick call and medication administration.
2.3.5.4
The proposal shall
include a fee schedule for emergency call in, witness and court appearance fees
and expenses, educational sessions and any other service not covered under the
terms of the RFP.
2.3.5.5
Health Services
Administrator (HSA):
The Contractor will
identify an individual as its HSA, who will manage the health care contract and
meet with representatives of the Facility as needed.
2.3.5.6
Maintain an open and
cooperative relationship with the administration and staff of the detention
facility;
2.3.5.7
Maintain complete and
accurate records of care and to collect and analyze health statistics on a
regular basis including the use of the jail’s in-house management information
software (after appropriate training has been provided by the facility). The
provider may elect a different records management system. The proposal must
identify the system to be utilized and any willingness to utilize the in-house
system. Contractor shall provide copies
of medical documentation to the Facility in a format consistent with Maine
Department of Corrections jail self-inspection standards.
2.3.5.8
Provider will establish and maintain a confidential,
secure and serviceable health record management system to include, at a
minimum:
a.
A routine method of documentation of all of Provider’s
responsibilities as set forth in this Agreement;
b.
Documentation of all interviews, examinations,
recommendations, treatment, referral, complaint and medications administered
to, from or on behalf of any inmate.
2.3.5.9
Operate the health care program in a humane manner with respect to the
inmate’s right to basic health care services and in full compliance with HIPAA.
2.3.5.10
The Contractor will provide medical services to participants of the jail’s
programs listed below when the individuals are brought to the jail by
corrections staff. The Contractor’s
staff will provide a medication review at the program site during the admission
process. Both services will be provided
without additional costs to the facility within the context of this Agreement.
OUI Program- The provider shall be
responsible for the medication verification at the Penobscot County Jail’s OUI
program site.
2.4 Delineation
of Security Responsibilities
The primary responsibility for inmate
custody and security within the detention facility rests with the staff of the
facility. The Contractor shall have
primary responsibility in all matters pertaining to medical treatment and care
of inmates. Everyone who works in the
facility has a responsibility for security.
The Contractor shall be responsible for security of all materials and
equipment in Contractor’s work area. On
matters of mutual concern, facility staff shall support, assist and cooperate
with Contractor, and Contractor shall support, assist and cooperate with
facility staff. The decision of facility
staff in non-medical matters and matters involving safety of staff and inmates
and security for the facilities shall be final.
All decisions involving the exercise of medical judgment are the
responsibility of the Contractor.
2.5
Health Care Service Requirements
2.5.1
General Health Care Service Requirements
2.5.1.1
Contractor shall identify the need for,
schedule, administer, and coordinate all non-emergency and emergency medical
services, and coordinate with mental health and dental providers, if not the
Contractor for all related medical, dental and mental health issues. Contractor shall administer emergency medical
care at the facility to any employee or visitor who requires such care.
2.5.1.2
Contractor shall identify the need for, schedule, coordinate, and administer
any inpatient hospitalization of any inmate of the facility. This also includes
responsibility for making emergency arrangements for ambulance service to the
hospital for inpatient care and referral of inmates to outside dental services.
2.5.1.3
Contractor shall identify the
need for, schedule, coordinate, and administer, all medical services rendered
to inmates inside or outside the Facility.
At a minimum, Contractor shall identify a qualified medical professional
who shall conduct sick call and generally provide such care as is available in
the community. A covering
qualified medical professional shall be on call seven (7) days per week,
twenty-four (24) hours per day for consultation and/or emergency
situations. If a Physician’s Assistant
(PA) or other health care professional who requires the supervision of a
physician is used to conduct sick call, the supervising physician shall be
required to visit the site as required by medical standards to review cases,
examine patients, and to observe clinical practices.
2.5.1.4
Contractor shall
identify the need for, schedule, coordinate, and administer all diagnostic
examinations, procedures and services, both inside and outside the facility for
inmates in the physical custody of the facility.
2.5.1.5
Contractor shall
provide the necessary follow-up for identified health problems, including
inpatient or outpatient hospitalization, appropriate monitoring, prescription
of medications, dental, consultations with specialty physicians, and so forth.
2.5.1.6
Contractor shall provide screenings and immunizations
to staff and inmates, e.g. flu, TB, Hepatitis B, and so forth. Contractor shall provide employee physical
examinations, and shall provide screenings to determine whether employees may
be cleared to wear biohazard or other respiratory masks. Vaccines will be paid for by the county. Contractor shall be required to maintain
records of all employee screenings, immunizations and physicals.
2.5.2 Exceptions to Treatment
2.5.2.1
The Contractor shall provide primary health care services to pregnant
inmates, but health care services provided to an infant following birth will
not be the responsibility of Contractor.
2.5.2.2
N/A
2.5.2.3 Elective Medical Care. The contractor will not be responsible for
providing elective medical care to inmates.
For purposes of the Agreement, “elective medical care” means medical
care which, if not provided, would not, in the opinion of Contractor’s Medical
Director, cause the inmate’s health to deteriorate or cause definite harm to
the inmate’s well-being. Any referral of
inmates for elective medical care must be reviewed by the Sheriff, Jail
Administrator or designee prior to provision of such services.
2.5.2.4
Inmates outside the Facilities.
2.5.2.4.1 Health care services are intended only for
those inmates in the actual physical custody of the facility, whether at the
jail or other facility, including inmates in hospitals or other non- treatment facilities
and inmates in programs listed in section 2.3.5.10, if any. Such inmates will be included in the daily
population count.
2.5.2.4.2 Inmates on any sort of temporary release,
including, but not limited to, inmates temporarily released for the purpose of
attending funerals or other family emergencies, inmates on escape status,
inmates on furlough, or inmates on supervised custody who do not sleep in the
Facility at night, will not be included in the daily population count. They will not be the responsibility of
Contractor with respect to the furnishing
of health care services except for the provision of medications to provide for
continuity of care prior to a scheduled release.
2.5.3 Receiving Screening
As part of the Receiving Screening (also known as an Intake
Assessment), a medical history and questionnaire is to be completed on all
inmates during the admission process or as soon thereafter as possible. Copies will be forwarded to the Contractor.
Nursing staff will review all medical histories and questionnaires, and will
interview each inmate who is expected to be confined longer than 72 hours and
who is identified as having medical problems, in order to obtain necessary
medical information and to verify the existence of the medical condition. The Contractor will obtain orders for
appropriate medical treatment or intervention from a qualified health care
professional when a medical problem is identified and verified. At minimum, the Receiving Screening shall
include:
2.5.3.1
Relevant past medical
and mental health history, including communicable disease, cardiac and
circulatory problems, respiratory problems, allergies, muscular/skeletal
problems;
2.5.3.2
Documentation of current illnesses and
health problems, including prescription and non-prescription medications taken,
and any special health requirements;
2.5.3.3
Behavioral observations, including state
of consciousness, mental status, and whether the inmate is under the influence
of alcohol or drugs;
2.5.3.4
Notation of body
deformities, trauma markings, bruises, ease of movement, etc.;
2.5.3.5
Conditions of skin
including trauma markings, bruises, lesions, rashes, and needle marks or other
indications of drug abuse should be noted;
2.5.3.6
For females, a history
of gynecological problems and pregnancies;
2.5.3.7
A standard form which will be used for purposes of recording the
information of the Receiving Screening and will be included in the health
record of the inmate; and
2.5.3.7
Referral of the inmate
for special housing, emergency health services, or additional medical
specialties, when appropriate.
2.5.4 Comprehensive Health Assessment
Contractor shall perform a
comprehensive Health Assessment (inmate physical) on any inmate confined at the
facility within fourteen (14) calendar days of the arrival of the inmate at the
facility. Such assessment shall be performed by a physician, physician
assistant or nurse practitioner. At a
minimum, the comprehensive Health Assessment shall include:
2.5.4.1
Review of the
Receiving Screening;
2.5.4.2
Additional data necessary to complete a standard history and physical,
including review of mental and dental status;
2.5.4.3
Screening tests for communicable and
chronic disease, as clinically indicated;
2.5.4.4
Additional lab work as directed by a
qualified health care professional for particular medical or health problems;
2.5.4.5
Additional tests as
required, based on the original screening tests;
2.5.4.6
Physical examination,
including a gynecological assessment for females, and
2.5.4.7 Review of physical examination and test
results by a qualified health care professional for problem identification;
Initiation of therapy when appropriate, and referral to a mental health
provider where indicated.
2.5.5 Medical Health Care
Services
2.5.5.1 The
Contractor shall provide medically necessary and adequate professional health
care services, and shall be responsible for all medical health care orders. The
Contractor shall provide appropriate and qualified health care professionals to visit the Facility as
needed in order to diagnose, treat and prescribe medications for inmates, as
may be indicated.
2.5.5.2
The Contractor shall
ensure that an on-call qualified health care professional is available to
provide an immediate response on site if requested by Facility staff in order
to deliver emergency treatment and consultation for inmates at the detention
facility on a 24-hour basis.
2.5.5.3
Provide diagnosis or
referrals to other health care professionals or facilities for those inmates
requiring more extensive treatment.
2.5.5.4
Coordinate and
implement emergency referrals.
2.5.5.5
Advise Facility administrators of any potential
situation which could place inmates and staff in jeopardy.
2.5.10 Medical Detoxification Services
Contractor shall provide a medical
detoxification program for drug and/or alcohol addicted inmates, which shall be
administered on Facility property.
2.5.11 N/A
2.5.12 Consultation Services
Contractor shall provide consultation
service to detention facility staff on any aspect of the health care delivery
system at the facility. This shall
include evaluations and recommendations concerning new programs,
architectural plans, staffing patterns for new facilities, alternate supply
systems, problematic health care issues, pharmaceutical services and any other
matter relating to health care services upon which
the staff seeks the advice and counsel of the Contractor. The Contractor will
also provide limited services to staff to include emergency consultation, and
screenings required for protective-mask fit tests. The Contractor shall also
provide nursing staff to conduct limited flu immunizations to staff if
requested.
2.5.13 Training by Contractor for Facility
Staff and Inmates
Contractor will work with the facility,
staff and inmates to provide educational material and instruction on a variety
of health care issues. These shall
include, but not be limited to, CPR and first aid; response to an emergency or
disaster condition; signs and symptoms of mental illness; alcohol and drug
withdrawal; chronic illness; completion of intake screenings; Bloodborne
Pathogens, infectious diseases and Universal Precautions, Basic Medical
Situations, Suicide Prevention, transmission of communicable diseases, and
other courses as deemed appropriate by the Contractor and the county. Facility’s employees may be included in any
in‑service offerings available to the medical staff. Proponents will outline what services
they are able to offer in these areas.
2.5.14 Waste Management
Contractor will recommend a method of
appropriate disposal of contaminated or regulated medical waste, including
needles, syringes, and other materials used in the treatment of inmates. The county will be responsible for waste
disposal.
2.5.15 Control of regulated
narcotics/drug
The Contractor will be responsible for
implementing safe storage and accountability of all regulated pharmaceuticals.
The county will be responsible for providing safe storage equipment. The
Contractor will also be responsible for developing memoranda of understanding
with any outside provider not covered by the contract with the county
pertaining to dispensing of methadone within the jail. The Sheriff shall be a signatory to any such
agreement. The Contractor shall be
responsible for coordinating the inmate medical co-pay program.
2.6
Policies and Procedures
2.6.1
Policies and Procedures of
the Contractor relating to the Facility’s Health Care Delivery System
(including medical, psychiatric, psychological, and dental care) are generally
to be established and implemented solely by the Contractor. The Contractor shall develop and implement
polices which ensure appropriate comprehensive health care in compliance with
recognized standards, laws, ordinances, rules and regulations of federal,
state, local authorities as may be applicable.
The policies and procedures of the Contractor are subject to approval
of the county. Close coordination between the Contractor and mental health
providers is required. While the final
decision on appropriate medications rests with the medical provider, mental
health providers will often confer with a psychiatric provider as to
recommended prescriptions in problematic cases.
Whenever the medical staff chooses not to prescribe recommended
medications for a variety of reasons, the medical provider shall consult with
mental health providers and document the reasons for not following the
recommendations.
2.6.2
The county retains the
right to review and approve policies and procedures of the Contractor in any
other area affecting the performance of the Contractor’s responsibilities under
law.
2.6.3
Contractor shall maintain complete, accurate, and confidential medical
records separate from the Facility confinement records of the inmate in
compliance with all laws and regulations.
In any criminal or civil claim or litigation, where the physical
condition of an inmate is at issue, or where medical care is at issue; Contractor
shall provide the Sheriff, Jail Administrator or designee with access to, and
upon request copies of, records and documents relevant to such claims or
litigation, to the extent permitted by law.
The Contractor acknowledges that, in receiving, storing, processing or
otherwise dealing with any identifiable healthcare information ( the
information), the Contractor is fully bound by the confidentiality provision of
the Maine Health Information Act and Health Insurance Portability and
Accountability Act of 1996, and the Federal drug and alcohol regulations. The
Contractor, his agents and employees will use or disclose the Information
solely for the purpose of carrying out the Contractor’s duties as set forth in the
Contact, or for the Contractor’s own proper management and administration, or
as otherwise authorized in writing by the Client, or as required by law.
Without limiting the foregoing, Contractor also agrees that it will provide all
Information requested by the Client, but at the same time, Client also agrees and
represents to the Contractor that all
information requested by the client will be necessary for one or more purposes
specified in the HIPPA Final HHS Reg. §
164.512 (k)(5)(i).
2.6.4 The
Contractor agrees to have the on-duty nurse tour the “Holding Area” of the jail
at the beginning and end of the nurse’s shift.
The tour will be conducted jointly by the facility’s Shift Leader or
Assistant Shift Leader and the mental health worker, and its purpose is to
jointly collaborate on security and medical and mental health issues of inmates
being detained in this area. The Holding
Area is an area where inmates with disciplinary, suicidal, or medical issues,
and higher risk inmates, are temporarily housed. They are under a heightened state of
observation by staff and their current status must be routinely evaluated by
mental health, medical and security personnel.
2.6.5 Coordination
with family members. At the request of
the Sheriff, Jail Administrator or designee, the Contractor agrees that with
the appropriate confidentiality release and in accordance with HIPPA
regulations, that the Contractor will consult with concerned family members
designated by an inmate regarding the inmate’s physical condition or
pharmaceutical status.
2.7
Contractor’s Personnel
2.7.1
Contractor must recruit, interview, hire,
train and supervise all health care staff.
Such health care staff must be adequate to meet all conditions and
specifications of this contract. All
staff providing services under this contract must have satisfactorly undergone
criminal background check and be licensed to practice in the State of
Maine. .
All medical personnel will wear identification tags approved by the county.
2.7.2 The
Facility will take all reasonable, usual and customary steps necessary to
screen healthcare personnel to insure that such personnel will not constitute a
security risk to the Facility or the inmates.
Contractor will perform and pay for drug screening on health care
personnel to the same extent and routine as the Facility does its on security
personnel.
2.7.3
At the time members of the medical staff are
assigned by the Contractor to the Facility, the Contractor will provide and
maintain on-site copies of their professional licenses and certification, as
well as individual plans of supervision.
The Contractor will inform the jail administrator or sheriff of any
complaints filed against the contractor with the Board of Licensure in Medicine,
the Board of Nursing, or other applicable licensing board, and will inform the
sheriff or jail administrator of the ultimate outcome of any such complaints.
2.7.4
Proponent shall base
proposal on the assumption that the average daily inmate population will be as
shown in the table at section 1.1.1.
2.7.5
The Contractor shall maintain minimum
staffing requirements necessary to provide the services required pursuant to
the Contract.
2.7.6
All on site-health care personnel who provide
services shall receive orientation in security procedures.
2.7.7
Contractor’s appropriate medical health personnel shall attend and
participate in Facility staff meetings as indicated.
2.7.8 Contractor agrees that in the event the county,
in its discretion, are dissatisfied with any of the individuals provided under
this contract, the county may give written notice to Contractor of such fact
and the reasons therefore. If the
problem cannot be resolved, Contractor agrees to remove individuals about whom
dissatisfaction has been expressed by the county and agrees to make
arrangements to cover those positions until other appropriate personnel can be
found. The county reserves the right to
refuse to allow any employee, agent, subcontractor, vendor or representative of
Contractor admittance to the facility and participation under this
Agreement. The decision to deny
admittance to the facility shall be made by the Sheriff, Jail Administrator or
designee. The Sheriff, Jail
Administrator or designee shall meet with representatives of the Contractor
within fourteen (14) days of the denial.
The purpose of the meeting will be to discuss the reasons for the denial
and the future status of the employee, agent, subcontractor, vendor or representative,
who was denied access. The decision to
deny access will not create any financial liability on the county, including
reimbursement for loss of wages, fees, services, or unemployment or other form
of compensation.
2.7.9 In the event Contractor’s personnel are required to devote
time with regard to litigation or threatened litigation by or on behalf of
facility, this shall be part of their service time pursuant to this Agreement
unless otherwise stipulated in the Agreement.
2.7.10 The Contractor and any of its agents and
subcontractors shall abide by all matters of policy, rules, regulations,
services, tests, procedures, projects, research, administration and other
matters established by the agency.
2.7.11
Inmates shall not be
employed or otherwise engaged by either Contractor or the county in the direct
rendering of any health care services.
2.8
Facility Requirements
2.8.1
Building and Equipment
2.8.1.1
The facility will
provide, install, maintain, repair, replace when necessary, and permit
Contractor to use all medical equipment within the Facility. The Facility will
provide, maintain and repair the building structure in areas assigned to
Contractor, including necessary painting, and the maintenance of water, steam,
refrigeration, sewer, electrical lines, ventilation, air conditioning,
lighting, heating, duct work, floor and floor covering, walls and
ceilings. However, the Contractor shall
bear the expense of repairs necessary because of the negligence of Contractor
or its employees.
2.8.1.2
The facility will
provide all security, pest control, housekeeping, sanitation (including walls,
floors, and fixtures, but excluding sanitation of medical equipment and
non-disposable supplies), and utilities.
The facility will provide local telephone service but Contractor’s long
distance charges will be reimbursed to the facility on a monthly basis.
2.8.1.3
As part of the RFP process, it is agreed and understood that Proponent
has inspected the facility and agrees that such space and facilities are
sufficient for its agents, employees and subcontractors to perform all of the
obligations required under this Agreement.
2.8.1.3
The facility will
continue to maintain all health care equipment necessary for the performance of
this contract during the term of this Agreement. If Contractor desires additional equipment,
it shall be the responsibility of Contractor to notify the facility of a need
for such equipment. The equipment will
be provided if county agree and the budget allows.
2.8.2 Food, Linen, and Other Services
The facility will provide daily housekeeping
services, dietary services, building maintenance services, personal hygiene
supplies and services, and linen supplies for each inmate receiving health care
services. Individuals employed under this agreement will have the option to
exercise meal privileges consistent to that of a corrections officer during
their hours of employment.
2.8.3 Pre-Contract Inventory
The facility will provide to Contractor
control of all medical and office equipment and supplies in place at the
Facility’s health care unit. At the
termination of this or any subsequent Agreement, Contractor will return to the
facility control of all supplies, medical and office equipment in working
order, reasonable wear and tear accepted.
2.9
Reports Provided to Facility by Contractor
2.9.1 The
Contractor shall regularly communicate at least monthly with the Jail
Administrator on emerging medical issues and provide written reports on matters
of concern or potential liability.
2.9.2
Contractor shall regularly confer with facility staff concerning
existing health‑related procedures within the institution, any proposed
changes in procedures and other matters, as either party deems appropriate.
2.9.3
Periodic meetings of at least one per quarter shall be held between Contractor
and designated facility staff.
2.10
Contractor Compensation
2.10.1 Base Compensation
The county shall pay to the Contractor the annual base amount
monthly. Contractor shall invoice the
facility thirty (30) days prior to the month in which services are to be
provided. The county agrees to pay
Contractor by the first Friday of the month in which services will be rendered. In the event this Agreement should commence
or terminate on a date other than the first or last day of any calendar month,
compensation to Contractor will be prorated accordingly for the shortened
month. Substantial changes in
these population figures may form the basis for renegotiation of Contractor’s
compensation during the terms of this contract.
2.10.2 Third Party Reimbursement
Contractor will assist the county in
seeking third-party reimbursement for medical services where such reimbursement
is available. The Contractor will share all documentation received on insurance
of third party claims with the county.
The Contractor will establish operational procedures for recovering the
cost of inmate health care through insurance or government reimbursement, and
shall make all reasonable efforts to obtain same.
2.11 Health Care Cost Control
Successful proponent will be expected to provide health care at accepted
per-inmate cost levels. The Contractor
is expected to track these costs and include data in periodic reports to the
Jail Administrator.
SECTION 3 -
PROPOSAL PREPARATION INSTRUCTIONS, FORMAT, AND FORM
3.1 Proposal Preparation Instructions
3.1.1 All
proposals shall be complete and carefully worded and must convey all of the
information requested by the County. If
significant errors are found in the Proponent’s proposal, or if the proposal
fails to conform to the essential requirements of the RFP, the County and the County
alone will be the judge as to whether that variance is significant enough to
reject the proposal.
3.1.2
Proposals should be prepared simply and economically, providing a
straightforward, concise description of proponent’s capabilities to satisfy the
requirements of the RFP. Emphasis should be on completeness and clarity of
content. When requested to address
specific sections of the RFP, Proponent shall reference the response with the
RFP’s section number and the responses shall be in the same numerical order of
the RFP sections.
3.1.3 One
(1) original and three (3) copies of the complete proposal are required, each
in individual three (3) ring notebooks.
Each notebook should contain all documentation.
3.1.4.1
The original Proposal
and the required copies shall be submitted in a sealed package. The outside of the package shall indicate the
name of the company submitting the proposal and be marked, "RFP FOR HEALTH
CARE SERVICES FOR THE PENOBSCOT COUNTY JAIL.
3.1.5
ALTERNATIVE
SUBMISSION: As an alternative to sections 3.1.3 and
3.1.4, the Proponent may submit one (1) original proposal and one complete
digital copy on a CD-ROM in one of the following formats: MS Word, Open Office or PDF.
3.2
Proposal Format
Proposals shall be concise. All submitted information shall be in a
Three-Ring Binder (or equivalent binding), indexed according to the Sections
detailed below and shall contain the following:
Section 1: Original RFP Package with completed
Proposal Form
This section shall contain the entire
RFP package as received by the Proponent, shall complete the proposal form
contained in section 3.3 of the RFP.
Section 2: Acknowledgment of General Conditions,
Contract Requirements, and Insurance Requirements
Proponent shall submit a narrative
addressing acknowledgment and understanding of the requirements of Section
1 of the RFP. A contract will include the
provisions of this RFP unless otherwise negotiated.
Section 3: Acknowledgment of Compensation
Requirements
Proponent shall submit a plan
addressing, at a minimum, all requirements in section 2.10 of the RFP.
Section 4: Health Care Services
Proponent shall submit a plan
addressing, at a minimum, all requirements in section 2 of the RFP.
Section 5: Staff Recruiting, Motivation, and
Training Plans
Proponent shall submit a plan
addressing, at a minimum, all requirements in section 2.7 of the RFP.
Proponent shall also submit as part of
Section 5 the qualifications or resumes of key personnel.
Proponent shall also submit as part of
Section 5 a proposed staffing pattern. Staffing plan shall be detailed and
indicate the number of Professional Staff, Administrative/Support Staff, and
Nursing Staff, coverage assignments, locations, and duties for a seven (7) day
period. The staffing pattern proposed
would be the basis for the minimum staffing coverage required of the contractor
during the contract period.
Section 6: Transition Plan
In the event that the contract is
awarded to other than the current provider; the Proponent shall submit a plan
addressing the transition from the current facility medical services provider’s
operation to Proponent’s proposed operation at the Facility.
Section 7: Exceptions to RFP Requirements
Any requirement that Proponent takes
exception to must be listed in this section.
Failure to list exception may subject Proposal to rejection.
Section 8: Other Information Proponent Desires to
Furnish
This section is to be reserved for any
information provided over and above the specific information requested in the
RFP.
