2022-59 HR Chief Negotiator RFQ.pdf

Revised 12/14/2021 Page 1

REQUEST FOR QUOTES (RFQ) #2022-59

Issue Date: July 11 2022

Project Name: Human Resources (HR) Chief Negotiator for Bargaining Team Quote Due Date/Time: July 28, 2022, 2:00 PM PST Procurement Analyst: Karen Brown Email: Kbrown2@clackamas.us

SUBMIT QUOTES VIA EMAIL TO PROCUREMENT@CLACKAMAS.US

PLEASE NOTE: EMAIL SUBMISSIONS SHOULD HAVE

“HR CHIEF NEGOTIATOR” IN THE SUBJECT LINE

1. ANNOUNCEMENT AND SPECIAL INFORMATION

Quoters are required to read, understand, and comply with all information contained within this Request for Quotes (“RFQ”). All quotes are binding upon Quoter for sixty (60) days from the Quote Due Date/Time. Quotes received after the Quote Due Date/Time may not be considered. If authorized in the RFQ and resulting contract, travel and other expense reimbursement will only be reimbursed in accordance with the Clackamas County Travel Reimbursement Policy in effect at the time the expense is incurred. The Policy may be found at https://www.clackamas.us/finance/terms.html.

RFQ Documents can be downloaded from OregonBuys at the following address:

https://oregonbuys.gov/bso/ Document No. S- C01010-000000 . Prospective Quoters will need to sign in to download the information and that information will be accumulated for a Plan Holder's List. Prospective Quoters are responsible for obtaining any addenda or clarifying questions from OregonBuys.

Complete Quotes must be emailed to Procurement@clackamas.us. The subject line of the email must identify the RFQ title.

All questions regarding this RFQ are to be directed to the Procurement Analyst named above. Quoters may not communicate with County employees or representatives about the RFQ during the procurement process until the Procurement office has notified Quoters of the selected Quoter.

Communication in violation of this restriction may result in rejection of a Quoter.

2. SCOPE BACKGROUND

The purpose of this RFQ is to retain a Chief Spokesperson/Negotiator to represent Clackamas County in upcoming impact bargaining specific to the County’s implementation of new and revised policies and collective bargaining agreement language related to compensation as a result of the recent equal pay audit findings and to maintain compliance with Oregon’s Pay Equity Law. Negotiations will be with four unions (AFSCME, Employees’ Association, Federation of Parole and Probation Officers and Peace Officers Association) and will encompass eight separate contracts among the four unions.

The current collective bargaining agreements may be found at:

http://www.clackamas.us/des/contracts.html.

Procurement Division Public Services Building

2051 Kaen Road Oregon City, OR 97045

(503) 742-5444 (Office) mailto:Kbrown2@clackamas.us mailto:Procurement@clackamas.us https://www.clackamas.us/finance/terms.html https://oregonbuys.gov/bso/ mailto:Procurement@clackamas.us http://www.clackamas.us/des/contracts.html

Revised 12/14/2021 Page 2

Budget:

The County has an estimated project total of $120,000, however firms shall provide competitive hourly rates with an estimated not-to-exceed total. The proposed not-to-exceed price will be a factor in vendor selection.

SCOPE OF WORK

The Chief Spokesperson/Negotiator will represent the County in partnership with the bargaining team, which consists of the Classification and Compensation Manager, Senior Classification and Compensation Analyst, HR Deputy Director, and Assistant County Counsel, and in consultation with the external consultant involved in the County’s Equal Pay Analysis.

The role of the contract Chief Spokesperson/Negotiator will be to:

• Represent the County at the bargaining table during impact bargaining;

• Confer with the County’s management team to understand the audit findings and methodology, and become knowledgeable of applicable contract language as it relates to compensation practices; and,

• Reiterate County’s initial proposals, respond to union questions/concerns, and assist the bargaining team in developing any counter proposals/package proposals during the course of bargaining sessions.

The bargaining team will retain responsibility for establishing the County’s overall negotiations strategy, developing the County’s initial management proposals, costing proposals, providing administrative support to the bargaining process, and communicating with the County’s executive leadership and Board of County Commissioners on the status of negotiations.

Key Dates:

The County is seeking to establish a contract with a Chief Spokesperson/Negotiator as soon as possible, preferably by September 2022.

3. SAMPLE CONTRACT

Submission of a Quote in response to this RFQ indicates Quoter’s willingness to enter into a contract containing substantially the same terms of the below referenced contract, which can be found at:

https://www.clackamas.us/finance/terms.html, with the below indicated requirements. No action or response to the sample contract is required under this RFQ. The applicable sample contract is the:

Personal Services Contract (unless checked, item does not apply) The following paragraphs of the Professional Services Contract will be applicable:

Article I, Paragraph 5 – Travel and Other Expense is Authorized Article II, Paragraph 28 – Confidentiality Article II, Paragraph 29 – Criminal Background Check Requirements Article II, Paragraph 30 – Key Persons Article II, Paragraph 31 – Cooperative Contracting Article II, Paragraph 32 – Federal Contracting Requirements Exhibit A – On-Call Provision

The following insurance requirements will be applicable:

Commercial General Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence, with an annual aggregate limit of $2,000,000 for Bodily Injury and Property Damage.

Professional Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence, with an annual aggregate limit of $2,000,000 for damages caused by error, omission or negligent acts.

Automobile Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence for Bodily Injury and Property Damage.

https://www.clackamas.us/finance/terms.html

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4. QUOTE

Quotes should be short and concise with the following information:

A. Company experience in these types of projects:

1. Please describe your experience negotiating compensation-related topics for public sector organizations, as well as any experience bargaining changes related to Oregon’s Equal Pay Law.

2. Please describe experience performing Chief Spokesperson/Negotiator services in public sector and/or multi-union environments, including strike prohibited bargaining units.

B. Scope Approach:

1. Please describe your approach and any potential pitfalls to simultaneously bargaining changes to eight separate contracts, with the potential for up to six separate union bargaining teams, for a single employer over the same period of time (including three (3) that are strike prohibited).

2. Please describe how you would ensure that the lines of communication remain open with the County’s bargaining team, and that your services remain within the scope of the agreement.

C. Not-to-exceed price to complete the project. Fees shall identify hourly rates, and all billable items and provide a not-to-exceed total.

D. References- provide a minimum of three (3) references identifying past negotiations for EPA services. References shall contain name, phone, and email contact information.

E. Quote Certification Form; and

F. Any additional information that Clackamas County should take into consideration for the project or qualifications.

5. EVALUATION

Quotes will be evaluated based on subjective factors including, but not limited to: Firm experience, scope approach, price/fees, references, and proposal to complete the project.

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QUOTE CERTIFICATION FORM

RFQ #2022-59

Submitted by: ____________________________________________________________________ (Must be entity’s full legal name)

Each Quoter must read, complete and submit a copy of this Clackamas County Certification with their Quote. Failure to do so may result in rejection of Quote. By signature on this Certification the undersigned certifies that they are authorized to act on behalf of the Quoter and that under penalty of perjury the undersigned will comply with the following:

SECTION I. OREGON TAX LAWS: As required in ORS 279B.110(2)(e), the undersigned hereby certifies that, to the best of the undersigned’s knowledge, the Quoter is not in violation of any Oregon Tax Laws. For purposes of this certification, “Oregon Tax Laws” means the tax laws of the state or a political subdivision of the state, including ORS

305.620 and ORS chapters 316, 317 and 318. If a contract is executed, this information will be reported to the Internal Revenue Service. Information not matching IRS records could subject Quoter to 24% backup withholding.

SECTION II. NON-DISCRIMINATION: That the Quoter has not and will not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation, gender identity, national origin, or any other protected class. Nor has Quoter or will Quoter discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business that is certified under ORS 200.055.

SECTION III. CONFLICT OF INTEREST

The undersigned hereby certifies that no elected official, officer, agent or employee of Clackamas County is personally interested, directly or indirectly, in any resulting contract from this RFQ, or the compensation to be paid under such contract, and that no representation, statements (oral or in writing), of the County, its elected officials, officers, agents, or employees had induced Quoter to submit this Quote. In addition, the undersigned hereby certifies that this proposal is made without connection with any person, firm, or corporation submitting a quote for the same material, and is in all respects fair and without collusion or fraud.

SECTION IV. COMPLIANCE WITH SOLICITATION: The undersigned further agrees and certifies that they:

1. Have read, understand and agree to be bound by and comply with all requirements, instructions, specifications, terms and conditions of the RFQ (including any attachments); and

2. Are an authorized representative of the Quoter, that the information provided is true and accurate, and that providing incorrect or incomplete information may be cause for rejection of the Quote or contract termination; and

3. Will furnish the designated item(s) and/or service(s) in accordance with the RFQ and Quote; and

4. Will use recyclable products to the maximum extend economically feasible in the performance of the contract work set forth in this RFQ.

Name:_______________________________________ Date:______________________________________

Signature:____________________________________ Title:______________________________________

Email:_______________________________________ Telephone:_________________________________

Oregon Business Registry Number:________________ OR CCB # (if applicable):________________________

Business Designation (check one):

Corporation Partnership Sole Proprietorship Non-Profit Limited Liability Company

Resident Quoter, as defined in ORS 279A.120 Non-Resident Quote. Resident State: ____________________

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CLACKAMAS COUNTY

INSTRUCTIONS TO QUOTERS

Quotes are subject to the applicable provisions and requirements of the Clackamas County Local Contract Review Board Rule C-047-0270 (Intermediate Procurements) and Oregon Revised Statutes.

QUOTE PREPARATION

1. QUOTE FORMAT: Quotes must be must be submitted as indicated in the RFQ.

2. CONFORMANCE TO RFQ REQUIREMENTS: Quotes must conform to the requirements of the RFQ. Unless otherwise specified, all items quoted are to be new, unused and not remanufactured in any way. Any requested attachments must be submitted with the quote and in the required format. Quote prices must be for the unit indicated on the quote. Failure to comply with all requirements may result in quote rejection.

3. ADDENDA: Only documents issued as addenda by Clackamas County serve to change the RFQ in any way. No other directions received by the Quoter, written or verbal, serve to change the RFQ document. NOTE: IF YOU HAVE RECEIVED A COPY OF THE RFQ, YOU SHOULD CONSULT OREGONBUYS (https://oregonbuys.gov/bso/view/login/login.xhtml) TO ENSURE

THAT YOU HAVE NOT MISSED ANY ADDENDA OR ANNOUNCEMENTS. QUOTERS

ARE NOT REQUIRED TO RETURN ADDENDUMS WITH THEIR QUOTE. HOWEVER,

QUOTERS ARE RESPONSIBLE TO MAKE THEMSELVES AWARE OF, OBTAIN AND

INCORPORATE ANY CHANGES MADE IN ANY ADDENDA ISSUED, AND TO

INCORPORATE ANY CHANGES MADE BY ADDENDUM INTO THEIR FINAL QUOTE.

FAILURE TO DO SO MAY, IN EFFECT, MAKE THE QUOTER'S QUOTE NON-

RESPONSIVE, WHICH MAY CAUSE THE QUOTE TO BE REJECTED.

4. USE of BRAND or TRADE NAMES: Any brand or trade names used by Clackamas County in the specifications are for the purpose of describing and establishing the standard of quality, performance and characteristics desired and are not intended to limit or restrict competition.

Quoters may submit quotes for substantially equivalent products to those designated unless the RFQ provides that a specific brand is necessary because of compatibility requirements, etc. All such brand substitutions shall be subject to approval by Clackamas County.

5. PRODUCT IDENTIFICATION: Quoters must clearly identify all products quoted. Brand name and model or number must be shown. Clackamas County reserves the right to reject any quote when the product information submitted with the quote is incomplete.

6. FOB DESTINATION: Unless specifically allowed in the RFQ, QUOTE PRICE MUST BE F.O.B. DESTINATION with all transportation and handling charges included in the Quote.

7. DELIVERY: Delivery time must be shown in number of calendar days after receipt of purchase order.

8. EXCEPTIONS: Any deviation from quote specifications, or the form of sample contract referenced in this RFQ, may result in quote rejection at County’s sole discretion.

9. SIGNATURE ON QUOTE: Quotes must be signed by an authorized representative of the Quoter. Signature on a quote certifies that the quote is made without connection with any person, firm or corporation making a quote for the same goods and/or services and is in all respects fair and without collusion or fraud. Signature on a quote also certifies that the Quoter has read and fully understands all quote specifications, and the sample contract referenced in this RFQ (including insurance requirements). No consideration will be given to any claim resulting from quoting without comprehending all requirements of the RFQ.

10. QUOTE MODIFICATION: Quotes, once submitted, may be modified in writing before the time and date set for quote closing. Any modifications should be signed by an authorized representative, and state that the new document supersedes or modifies the prior quote. Quoters may not modify quotes after quote closing time.

11. QUOTE WITHDRAWALS: Quotes may be withdrawn by request in writing signed by an authorized representative and received by Clackamas County prior to the Quote Due Date/Time.

Quotes may also be withdrawn in person before the Quote Due Date/Time upon presentation of appropriate identification.

12. QUOTE SUBMISSION: Quotes may be submitted by returning to Clackamas County Procurement Division in the location designated in the introduction of the RFQ; however, no oral https://oregonbuys.gov/bso/view/login/login.xhtml

Revised 12/14/2021 Page 6 or telephone quotes will be accepted. Envelopes, or e-mails containing Quotes should contain the RFQ Number and RFQ Title.

QUOTE EVALUATION AND AWARD

1. PRIOR ACCEPTANCE OF DEFECTIVE PROPOSALS: Due to limited resources, Clackamas County generally will not completely review or analyze quotes which fail to comply with the requirements of the RFQ or which clearly are not the best quotes, nor will Clackamas County generally investigate the references or qualifications of those who submit such quotes.

Therefore, neither the return of a quote, nor acknowledgment that the selection is complete shall operate as a representation by Clackamas County that an unsuccessful quote was complete, sufficient, or lawful in any respect.

2. DELIVERY: Significant delays in delivery may be considered in determining award if early delivery is required.

3. CASH DISCOUNTS: Cash discounts will not be considered for award purposes unless stated in the RFQ.

4. PAYMENT: Quotes which require payment in less than 30 days after receipt of invoice or delivery of goods, whichever is later, may be rejected.

5. INVESTIGATION OF REFERENCES: Clackamas County reserves the right to investigate references and or the past performance of any Quoter with respect to its successful performance of similar services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, sub-contractors, and workers. Clackamas County may postpone the award or execution of the contract after the announcement of the apparent successful Quoter in order to complete its investigation. Clackamas County reserves the right to reject any quote or to reject all quotes at any time prior to Clackamas County's execution of a contract if it is determined to be in the best interest of Clackamas County to do so.

6. METHOD OF AWARD: Clackamas County reserves the right to make the award by item, groups of items or entire quote, whichever is in the best interest of Clackamas County.

7. QUOTE REJECTION: Clackamas County reserves the right to reject any and all quotes for any reason including, but not limited to, a Quoter’s failure to constitute as a responsible bidder under ORS 279B.110 and LCRB C047-640-1-c-F-iii.

8. QUOTE RESULTS: Quoters who submit a quote will be notified of the RFQ results. Awarded quote files are public records and available for review by submitting a public records request or by appointment.