2024 RFP Comp Class Study - Addendum No 1.pdf

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Request for Proposals

Compensation, Classification & Pay Equity Study

Date of Release: Tuesday, February 20, 2024

Proposals are due by: 2:00:00 PM (PST), Friday, April 5, 2024

Contracting Agency: City of Ashland Sole Point of Contact: Colton Cochran Title: Procurement Specialist

Address: City of Ashland 20 E. Main Street Ashland, OR 97520

Telephone: (541) 552-2017 Fax: (541) 488-5311 Email: Colton.Cochran@ashland.or.us mailto:dana.mason@ashland.or.us

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Table of Contents Public Notice

Proposal Process

Schedule of Events

Proposal Terms

Scope of Services

Proposal Contents

Proposal Submission Requirements

Evaluation Process

Evaluation Criteria

Exhibit A – Proposal Submission Form

Exhibit B - Certificate of Compliance

Exhibit C – Sample Personal Services Agreement

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Public Notice

Compensation, Classification & Pay Equity Study

Proposals are due by 2:00:00 PM (PST), Friday, April 5, 2024

The City of Ashland is requesting written proposals from qualified firms for a Compensation, Classification & Pay Equity Study. This Request for Proposal (RFP) is intended to provide prospective proposers with sufficient information to prepare and submit a proposal for consideration by the City.

Proposal documents may be downloaded from the OregonBuys web procurement system. Any addenda that may be issued relating to this RFP will be available from OregonBuys, and potential proposers are cautioned to continuously monitor the site for updates and addenda.

Applicants are now able to submit their proposals and/or responses online. Proposals may also be delivered in hard copy form to the City in accordance with the requirements outlined in the RFP.

The deadline for submitting questions has been extended to 5:00:00 PM (PST), Friday, March 22, 2024.

All questions must be asked through OregonBuys where questions and answers will be available to all proposers.

Proposals must be received by 2:00:00 PM (PST), Friday, April 5, 2024, either digitally by submission through OregonBuys or mailed to 20 E. Main Street, Ashland OR 97520. The proposals will be opened at the time and date of the deadline, and the City will record and make available the identities of the proposers.

Proposals will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award has been issued.

Colton Cochran Procurement Specialist City of Ashland, Oregon Colton.Cochran@ashland.or.us

Published: Tuesday, February 20, 2024 https://oregonbuys.gov/bso/

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Proposal Process

Compensation, Classification & Pay Equity Study Proposals are due by 2:00:00 PM (PST), Friday, April 5, 2024

ORS 279B.060(2)(c) Purpose of Request For Proposals The City of Ashland (“City”) is requesting proposals from professional and qualified firms to conduct an employee compensation, classification and pay equity study. Services to be provided include a salary and benefit survey, a review and/or update of current job descriptions, the creation of a wage/grade pay plan with appropriate criteria to tie performance to compensation, and an implementation strategy.

City personnel are classified into five different bargaining units and one non-represented employee group. This study will be conducted for all six groups:

• Non-represented Management, Supervisory, and Confidential Group (86 employees/109 positions)

• IBEW Clerical Technical Union (36 employees/38 positions)

• IBEW Electric Union (16 employees/13 positions)

• LiUNA Laborers Union (44 employees/19 positions)

• IAFF Firefighter Union (34 employees/7 positions)

• APA Police Union (21 employees/5 positions)

Proposal documents may be downloaded from the OregonBuys web procurement system. Any addenda that may be issued relating to this RFP will be available from OregonBuys, and potential proposers are cautioned to continuously monitor the site for updates and addenda.

ORS 279B.060(2)(b) Sole Point of Contact Information, correspondence, and questions pertaining to this Request for Proposals (RFP) shall only be directed to:

Name: Colton Cochran Title: Procurement Specialist Address: City of Ashland 20 E. Main Street, Ashland, OR 97520

Email: Colton.Cochran@ashland.or.us

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This person is the sole point of contact during the entire RFP process including clarification and/or protest of specifications, method of bidding, the evaluation and award process, and/or other questions that may arise.

OAR 137-047-0260(2)(a)(C) Opening Due Date and Time Proposals must be received prior to the scheduled opening. The opening is scheduled for the following due date and time: 2:00:00 PM (PST), Friday, April 5, 2024.

The proposal must be addressed to the designated sole point of contact and received prior to the due date and time. Proposals received after the opening due date are considered LATE and will NOT be accepted for evaluation.

Schedule of Events OAR 137-047-0260(2)(c)(A) Schedule of Events

Activity Date Request for Proposals Released Tuesday, February 20, 2024 1st Public Notice Tuesday, February 20, 2024 Deadline for Submitting Questions and Requests for Additional Information 5:00:00 PM (PST), Friday, March 22, 2024

RFP Protest Period Ends 5:00:00 PM (PST), Friday, March 22, 2024 Due Date and Time (Note: Proposals must be received prior to the due date and time.)

2:00:00 PM (PST), Friday, April 5, 2024 (see page 4 for proposal delivery address or submit via OregonBuys online)

Evaluation Process April 8 – April 26, 2024 Contract Recommendation Upon completion of evaluation process Notice of Intent to Award Announcement (7) Days prior to executing contract Award Protest Period Ends (7) Days after Notice of Intent to Award is released If Needed: Contract Recommendation Presented to City Council for Final Approval Tuesday, May 21, 2024

Contract Award Upon Council Approval and

(7) Days after the Notice of Intent to Award Announcement

Services intended to begin Upon receiving a fully executed contract

– NOTE: This is a tentative schedule and is provided as a courtesy to potential proposers. The actual schedule may vary from that provided without notice to potential proposers. Any changes made to the closing date of the RFP will be made in the form of an addendum and mailed to all potential proposers who have received RFP documents.

Proposal Terms Questions and Requests for Additional Information All potential proposers are encouraged to ask questions and request additional information that will aid in the clarification of the RFP requirements. All questions must be asked through OregonBuys where questions and answers will be available to all proposers.

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All inquiries, whether relating to the RFP process, administration, deadline, or method of award, or to the intent or technical aspects of the RFP must:

• Be asked via the RFP in OregonBuys.

• Be asked by an authorized representative.

• Refer to the specific area of the RFP being questioned (i.e., page, section and paragraph number).

• Be received by the due date and time for Questions/Requests for Clarification identified in the schedule.

OAR 137-047-0260(2)(a)(F) Addenda The provisions of this RFP cannot be modified by oral interpretations or statements. Proposers are cautioned not to make any assumptions as to the implied meaning or intent of any part of the RFP. Proposers should request clarification. If inquiries or comments by proposers raise issues that require clarification by the City, or the City revises any part of this RFP, a written addendum will be posted for all vendors in OregonBuys. The addendum will be issued within a reasonable time to allow prospective proposers to consider the addenda in preparing their proposals. Unless a different deadline is set forth in the addendum, a proposer may submit a request for change or protest by the close of the next business day after the issuance of the addendum, or up to the last day the RFP Protest Period ends, whichever date is later. If the date established in the previous sentence falls after the RFP Protest Period ends, the City will consider a request for change or protest to the addendum only. Addenda shall not be issued less than 72 hours before the closing unless the addendum also extends the closing.

ORS 279B.405 Protest Solicitation Process A prospective proposer for a public contract solicited under ORS 279B.055, 279B.060 or 279B.085 may file a protest with the City if the prospective proposer believes that the procurement process is contrary to law or that a solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name. If a prospective proposer fails to timely file such a protest, the prospective proposer may not challenge the contract on grounds under this subsection in any future legal or administrative proceeding. If the protest is received at least 10 days prior to bid closing and meets the requirements of ORS 279B.405, the City shall consider the protest and issue a decision in writing. Otherwise, the City shall promptly notify the prospective proposer that the protest is untimely or that the protest failed to meet the requirements and give the reasons for the failure. The City shall issue a decision on the protest no fewer than three business days before proposals are due, unless a written determination is made by the City that circumstances exist that justify a shorter time limit.

Protests must:

• Be delivered to the Sole Point of Contact identified on page 4 via email or hard copy.

• Reference the name of the RFP.

• Identify prospective proposer’s name and contact information.

• Be sent by an authorized representative.

• State the Reason for the protest, including the grounds that demonstrate how the procurement process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specifies a brand name; and evidence or documentation that supports the grounds on which the protest is based.

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• State the proposed changes to the RFP provisions or other relief sought.

• Protests to the RFP must be received by the due date and time identified in the schedule.

• Protests to addenda must be received by the close of the next business day after the issuance of the addendum, or up to the last day the RFP Protest Period ends, whichever date is later.

OAR 137-047-0440 Pre-Closing Modification or Withdrawal of Offers A proposer may modify its proposal in writing prior to the closing in accordance with OAR 137- 047-0400, OAR 137-047-0410 and OAR 137-047-0440. Any modification must include the proposer’s statement that the modification amends and supersedes the prior proposal. A proposer in accordance with OAR 137-047-0440 may withdraw its proposal by written notice submitted on proposer’s letterhead, signed by authorized representative of the proposer, and delivered to the individual and location specified in the solicitation document prior to closing.

OAR 137-047-0460 Late Offers, Late Withdrawals and Late Modifications Any proposal received after closing is late. A proposer’s request for withdrawal or modification of a proposal received after closing is late. An Agency shall not consider late proposals, withdrawals or modifications except as permitted in OAR 137-047-0470 or 137-047-0262.

Proposal Acceptance Proposals that do not address all areas requested by this RFP may be deemed non-responsive and may not be considered for any possible contract awarded resulting from this RFP.

ORS 279B.060(2)(e) Cancel, Reject or Delay Procurement The City of Ashland may cancel the procurement, reject in whole or in part any or all proposals, or suspend or delay the procurement in accordance with ORS 279B.100 when it’s in the best interest of the City of Ashland as determined by the City of Ashland. In no event shall the City of Ashland have any liability for the cancellation, rejection, or suspension of a solicitation or award.

The proposer assumes the sole risk and responsibility of all expenses connected with the preparation of its proposal.

Collusion By submitting a proposal, proposer certifies that no officer, agent, or employee of the City of Ashland has a monetary interest in this proposal; that the proposal is made in good faith without fraud, collusion, or connection of any kind with any other proposer and that the proposer is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or company.

Disputes In case of any doubt or differences of opinions as to the items or services to be furnished hereunder, or the interpretation of the provisions of the RFP, the decision of the City of Ashland shall be final and binding upon all parties.

Clarification of Responses The City of Ashland reserves the right to request clarification of any item in any proposal, or to request additional information necessary to properly evaluate a proposal.

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References The City of Ashland reserves the right to investigate any and all references and the past performance information provided in the proposal with respect to proposer’s successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and lawful payment of employees and workers.

ORS 279A.125

The City shall give preference to goods that are certified to be made from recycled materials if the recycled product is available, meets applicable standards, can be substituted for a comparable non- recycled product; and the recycled products costs do not exceed the costs of non-recycled products by more than five percent, or a higher percentage if a written determination is made by the City.

ORS 282.210

All printing, binding and stationery work done for the City shall be performed within the State of Oregon.

ORS 279B.060(2)(g) If required under ORS 468A.710, the contractor or subcontractor is required to possess an asbestos abatement license.

ORS 279B.060(6)(a) Opening Procedures Notwithstanding ORS 192.410 to 192.505, proposals may be opened in a manner to avoid disclosure of contents to competing proposers during, when applicable, the process of negotiation, but the City of Ashland shall record and make available the identity of all proposers as part of the City’s public records after the proposals are opened.

Notwithstanding ORS 192.410 to 192.505, proposals are not required to be open for public inspection until after the notice of intent to award a contract is issued. The fact that proposals are opened at a meeting, as defined in ORS 192.610, does not make the contents of the proposals subject to disclosure, regardless of whether the public body opening the proposals fails to give notice of or provide for an executive session for the purpose of opening proposals.

OAR 137-047-0260(2)(a)(E) Certification of Nondiscrimination Proposer to certify that the proposer has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against a minority, women or emerging small business enterprise certified under ORS 200.055 or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining a required subcontract. The Certificate of Compliance attached as Exhibit B, is required to be signed and included with your proposal.

ORS 279B.060(6)(b) Proprietary Information (Trade Secrets) Notwithstanding any requirement to make proposals open to public inspection after the City of Ashland’s issuance of a notice of intent to award a contract, the City of Ashland may withhold from disclosure to the public materials included in a proposal that are exempt or conditionally exempt from disclosure under ORS 192.501 or 192.502.

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All proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a proposer believes that any portion of its proposal contains any information that is a trade secret under ORS Chapter 192.501(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.410 through 192.505).

The scope of services and cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.410 through 192.505) and identifying the proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each proposer to consult with its own legal counsel regarding disclosure issues.

If proposer fails to identify the portions of the proposal that proposer claims are exempt from disclosure, Proposer has waived any future claim of non-disclosure of that information.

If applicable, the proposer shall submit a redacted version of its proposal if the proposal being submitted in response to this RFP contains trade secrets.

ORS 279B.060(13) Notice of Intent to Award a Public Contract The City of Ashland shall provide written notice of its intent to award to all proposers pursuant to ORS 279B.135 and OAR 137-047-0610 at least seven (7) days before the award of the contract, unless the City determines that circumstances justify prompt execution of the contract, in which case the City may provide a shorter notice period.

ORS 279B.060(14) Contract Award The City of Ashland shall award the contract to the responsible proposer whose proposal the City of Ashland determines in writing to be the most advantageous to the City of Ashland based on the evaluation process and evaluation factors described in this Request for Proposals, and any applicable preferences described in ORS 279A.120, ORS 279A.125 and ORS 279A.128 and, when applicable, the outcome of any negotiations authorized by this Request for Proposals. Other factors may not be used in the evaluation. In addition, any other public agency wishing to use the resulting contract may be authorized by mutual consent of the City of Ashland and the contractor.

ORS 279B.410 Protest of Contract Award A proposer may protest the award of a public contract or notice of intent to award a public contract if the proposer is adversely affected because the proposer would be eligible to be awarded the public contract in the event that the protest were successful. The written protest shall specify the reasons for the protest pursuant to ORS 279B.410(1)(b) and be delivered to the sole point of contact named in the RFP within seven days after issuance of the Notice of Intent to Award a contract. The City shall consider and respond in writing to a protest in a timely manner.

ORS 279B.060(2)(h) Contractual Terms and Conditions The proposer selected by the City of Ashland will be expected to enter into a written contract in the form attached to this RFP. This RFP and the contents of the proposal of the successful proposer will become contractual obligations if a contract is executed. The proposal should indicate acceptance of the City of Ashland’s contract provisions or suggest reasonable alternatives that do not substantially impair the City of Ashland’s rights under the contract. The proposer may also propose contractual terms and conditions that relate to subject matter reasonably identified in this Request for Proposals. The City of Ashland reserves the right to

Page 10 of 28: RFP Compensation, Classification & Pay Equity Study negotiate the contractual terms and conditions proposed as alternatives by the proposer. If inclusion of any of the City of Ashland’s contract provisions will result in higher costs for the services, such costs must be specifically identified in the proposal. Unconditional refusal to accept the contract provisions proposed by the City of Ashland without offering acceptable alternatives may result in the disqualification of the proposal.

Insurance Certificates The Contractor will be required to provide and maintain ALL required insurance certificates, and provide current Certificates of Insurance, including the City of Ashland endorsed as the additional insured, to the City prior to any lapse of insurance coverage.

Additional Terms The City of Ashland reserves the right to waive irregularities or deficiencies in a proposal if the City of Ashland determines that waiver is in the best interest of the City of Ashland.

The City of Ashland may request supplemental written information from a proposer concerning the proposer’s ability to perform the services. If a proposer fails to provide supplemental information within the time stated in the request, the City of Ashland may refuse to consider the proposer’s proposal.

The City of Ashland may request an interview with any proposer. If a proposal is unclear, or appears inadequate, the proposer may be given an opportunity in the interview to explain how the proposal complies with the RFP.

The City of Ashland reserves the right to make such investigation it deems appropriate to determine whether a proposer is qualified to provide the services. If a proposer fails to cooperate with an investigation, or if a proposer provides false, misleading or incomplete information, the City of Ashland may refuse to consider the proposer’s proposal.

In cases of doubt or differences of opinion concerning the interpretation of this RFP, the City of Ashland reserves the exclusive right to determine the intent, purpose and meaning of any provision in this RFP.

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Scope of Services The City of Ashland is seeking proposals from experienced professional classification and compensation firms for a comprehensive study of the City’s IBEW Clerical, IBEW Electric, LiUNA, APA, IAFF represented and non-represented classification and compensation plans and concurrently conduct an equal pay analysis for all City classifications.

OBJECTIVES

The purpose of the classification, compensation, and pay equity study is to address changes in the City’s operations and staffing since the last full comprehensive review, which was conducted in 2009-2010.

The City’s objectives are:

• Attract and retain qualified employees.

• Provide a modern and innovative classification and compensation structure that promotes and supports equity.

• Provide assessment methodology and equal pay analysis and tools necessary to support

City staff for on-going maintenance and administration of the classification and compensation structures and future pay analyses.

• Be an employer of choice by maintaining a competitive position with other comparable government organizations.

OVERVIEW

• Review current job descriptions to analyze knowledge, ability, education, experience, relevance, and hierarchical consistency.

• Conduct total compensation survey of comparator agencies.

• Conduct a comprehensive evaluation of current staff, classification, and compensation structure.

• Provide a final report on classification, compensation and pay equity plan to include and prioritize recommended updates to class/comp systems, individual classifications or series, total compensation, and ongoing program administration.

INFORMATION MEETINGS

• Schedule initial meeting(s) with Human Resources and key personnel to discuss the process and tasks to be performed in the study to include reasonable dedication of key personnel.

• Conduct orientation and briefing sessions with the leadership team and bargaining units to explain scope of the study and processes to be used.

• Provide periodic status reports on progress to Human Resources.

• Present final report and present to key personnel and leadership team as requested.

• Present final report at a City Council meeting.

CLASSIFICATION STUDY

• Review current classification specifications and analyze essential duties, knowledge, skill, ability, minimum education and experience relevance, series/class hierarchy, conformity with ADA regulations relative to essential job functions (including physical requirements), position summaries, class characteristics, supervision received and exercised, position duties, and special requirements including license and certification requirements.

• Develop, distribute, and analyze position description questionnaire. Conduct interviews with select staff if necessary. Interviews may be conducted individually or in groups based upon classification.

• Review various job series to assess the City’s interest in providing opportunities for career progression and overall effectiveness in meeting operational needs.

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• Propose, where appropriate, combining classifications into a series, if beneficial to achieve alignment of similar positions.

• Recommend additions, deletions, or modifications to existing classifications.

• Make recommendations to FLSA exempt or non-exempt status of positions.

• In conjunction with City staff, identify benchmark classifications, representative of occupational groups, families, or professions, to be used for market survey and analysis.

Care should be given to ensure that unique jobs have a relative benchmark with which to be compared.

• Present proposed recommendations to Human Resources and key personnel for review prior to making any final classification determinations.

• Finalize class specifications and recommend appropriate classification for each job description.

COMPENSATION AND PAY EQUITY

• Review current compensation plan (salary grade levels and steps) and understand current challenges in recruiting and retaining employees.

• In conjunction with City staff, identify external comparator jurisdictions to survey for both wages and total compensation.

• Survey comparator jurisdictions for both wages and total compensation.

• Recommend a pay equity-based practice for placement of new employees in the salary range and progression through the range.

• Recommend appropriate salary range for each position based on the classification plan, the compensation survey results and the internal relationships, taking into account compression and internal equity.

• Make recommendations and provide implementation strategies related to other key compensation practices, based on market demands, including pay for performance, skill pay, special assignment pay, certification pay, bilingual pay, and acting/temporary assignment pay.

• Conduct a compression analysis to include any recommendations for implementation.

• Provide recommendations for the ongoing internal administration and maintenance of the proposed compensation plan. Maintenance should include activities such as placement of new classifications, periodic market surveys, and cost of living adjustments.

• Provide methodology and equal pay analysis and tools necessary to support City staff.

DELIVERABLES TO BE PROVIDED UPON COMPLETION OF STUDY

• Provide twenty (20) copies of the final detailed, comprehensive report with executive summary and presentation materials for distribution to executive staff, City Council, and union representatives as directed by the Human Resources Director. Provide an electronic copy of report on a USB-drive.

o Report shall thoroughly address all aspects of the tasks performed, including all necessary tables, charts, graphs, and other statistical analysis supporting the documentation.

o Appendices shall include results of all surveys, polls, and/or interviews.

o Presentation of report findings to designated City staff and/or City Council.

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Proposal Contents Proposals shall provide a straightforward, concise description of the proposer’s capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content.

Submissions of technical literature, display charts, or other supplemental materials are the responsibility and within the discretion of the proposer. The proposal must contain and be organized in accordance with the following section titled “Proposal Contents.” The proposer assumes the sole risk and responsibility of all expenses connected with the preparation of its proposal.

Letter of Introduction / Cover Page Include a letter of introduction addressed to Molly Taylor, Human Resources Director signed by a person legally authorized to bind the proposer to its proposal. The letter will introduce the firm and include the firm name, principal contact name, physical address, mailing address, telephone number, fax number and email address. The letter of introduction may also introduce the proposal and summarize the key provisions of the proposal.

Table of Contents Include a clear identification of the material by section and by page number.

Proposal Submission Form Complete and include the Proposal Submission Form attached as Exhibit A.

Qualifications and Experience Describe your firm’s experience providing classification, compensation and pay equity study services for local governments in Oregon, including a list of entities for which you have provided the work listed in the scope of services.

Provide the names and titles of each person, their specific qualifications, credentials, level of experience (practical and educational), and number of years’ experience that will be assigned to the City’s study.

Task List &Timeline Provide an annual task list & timeline being proposed to complete the scope of services.

(Note: The City Council meetings occur on the first and third Tuesdays of each month, excluding holidays.)

References Provide a minimum of three (3) references the proposer has/is currently providing this type of service. The City reserves the right to verify these references. Include the following information for each reference:

• Name of government

• Contact name of individual who can verify your performance.

• Telephone number

• Email address

• Identify the services that were provided for each reference.

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Contractual Terms and Conditions The highest ranked proposer will enter into an agreement with the City of Ashland, Oregon, in a form substantially similar to that attached hereto as Exhibit C.

Indicate acceptance of the City’s contract provisions found in the Personal Services Agreement attached as Exhibit C or suggest reasonable alternatives that do not substantially impair the City’s rights under the agreement. Some contract terms and conditions may be negotiable.

The Certificate of Compliance attached as Exhibit B, is required to be signed and included with your proposal.

Cost Proposal The Cost Proposal (fee schedules, including any alternative pricing options) must be submitted separately from the technical proposal in a sealed envelope (if a paper copy is delivered) or as a separate file if a digital proposal is submitted. Please mark the file or envelope with “COST PROPOSAL” per the submission instructions on page 16.

Provide detailed costs by task and the total proposed cost to complete the project. Any and all costs for travel, lodging and meals, will preferably be at federal per diem rates. The City understands if the scope of services is further developed with the successful proposer, there may be additions or deletions to the cost at that time.

Note: For ease in preparing the detailed cost proposal, you are welcome to add the costs and total amount to your Task List & Timeline and submit the version with the associated costs separately with your cost proposal.

Provide an hourly rate fee schedule.

Trade Secrets (if applicable) If applicable, the proposer shall submit a redacted version of its proposal if the proposal being submitted in response to this RFP contains trade secrets.

Proposals become public information after the City releases a Notice of Intent to Award a Public Contract. It is important to submit a fully redacted copy of the proposal if it contains confidential trade secrets. A description of services being acquired by the City and the costs associated with those services are NOT considered confidential information.

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Proposal Submission Requirements Technical Proposal

Choose one of the following delivery methods:

Paper copies:

• One (1) original copy of the complete proposal signed in ink.

• Two (2) additional copies of the complete proposal.

Digital:

• Submit via OregonBuys separate from the cost proposal

Cost Proposal The cost proposal must be submitted separately from the technical proposal.

Paper copies:

• One (1) original copy of the complete proposal signed in ink.

• Two (2) additional copies of the complete proposal.

Digital:

• Submit via OregonBuys separate from the Cost Proposal

Submission If mailing or delivering, please send all copies in a single envelope to:

Colton Cochran Procurement Specialist City of Ashland 20 E. Main Street Ashland, OR 97520

Contents: Request for Proposal Compensation, Classification, and Equity Study

Electronic proposals must be submitted through OregonBuys – do not email them. Label your files as follows:

Technical proposal file name: Company Name, CCE Study, Technical Proposal

Cost proposal file name: Company Name, CCE Study, Cost Proposal

Due Date and Time The proposals must be received at the designated address listed above or submitted electronically on OregonBuys by 2:00:00 PM (PST), Friday, April 5, 2024. Late proposals will not be considered. No exceptions.

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Period of Irrevocability Proposals will be offers that are irrevocable for a period of sixty (60) days after the time and date proposals are due. Proposals will contain the name, address and telephone number of an individual or individuals with authority to bind the company during the period in which the proposal will be evaluated.

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Evaluation Process In accordance with ORS 279B.060 (14), The City shall award the contract to the responsible proposer whose proposal the City determines in writing is the most advantageous to the City based on the evaluation process and evaluation criteria described in this RFP, applicable preferences described in ORS 279A.120, 279A.125 and 279A.128, and, when applicable the outcome of any negotiations authorized by the RFP. Other factors may not be used in the evaluation.

An evaluation committee appointed by the City of Ashland will evaluate the proposals based on the evaluation criteria established in this Request for Proposals. Each category will be scored with a number of points, up to the maximum number of points assigned to each category. The greater the number of points assigned to a category, the greater the category’s level of importance. Each proposal will be evaluated, scored and then ranked according to the evaluation criteria set forth in this RFP.

After the initial evaluation of the proposals has been completed, the Evaluation Committee may request clarifications. Requests for clarifications will be processed via email by the sole point of contact identified on page 4 of this RFP. No additions, deletions or substitutions may be made to proposals that cannot be termed as clarifications. Proposer’s responses to questions shall restate the question and provide the requested clarification.

The City of Ashland may reject any proposal not in compliance with all prescribed solicitation procedures and requirements and other applicable laws, and the City may reject for good cause any or all proposals upon the City’s findings that it is in the best interest of the City of Ashland.

If only one responsive proposal is received, the City of Ashland reserves the right to negotiate a contract with the sole responsive proposer.

The total points awarded to each proposal will be tabulated and the proposers shall be ranked accordingly. A contract with the proposer deemed to be the highest ranked proposer will then be negotiated. If negotiations with the highest ranked proposer are unsuccessful, the City of Ashland may proceed to the next highest ranked proposer, and so on until a contract is successfully negotiated.

In accordance with OAR 137-047-0260(2)((b)(A)(B)(C), the statement of work will identify the scope of work to be performed under the resulting contract, outline anticipated duties of the contractor and establish the expectations for the contractor’s performance of the resulting contract. The agreed upon tasks will also identify respective responsibilities of the contractor and City staff.

In accordance with ORS 279B.060 (16), the City shall obtain the proposer’s agreement to perform the scope of work and meet the performance standards set forth in the final negotiated statement of work.

The final contract recommendation will then be subject to the approval of the City Council acting as the Local Contract Review Board.

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Evaluation Criteria The proposals will be evaluated according to the following criteria.

Evaluation Criteria Points Letter of Introduction, Table of Contents and Proposal Submission Form (Exhibit A) 5

Qualifications and Experience 30 Task List & Timeline 25 References 10 Contractual Terms and Conditions 5 Cost Proposal 25

Total 100

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Exhibit A – Proposal Submission Form The undersigned proposer submits this proposal in response to the City’s Request for Proposals (RFP) for Compensation, Classification & Pay Equity Study released on February 20, 2024. The proposer warrants that the proposer has carefully reviewed the RFP and that this proposal represents the proposer’s full response to the requirements described in the RFP. The proposer further warrants that if this proposal is accepted, the proposer will contract with the City, agrees to the terms and conditions found in the attached contract and RFP or has submitted terms and conditions acceptable to the City, and will provide all necessary labor, materials, equipment, and other means required to complete the work in accordance with the requirements of the RFP and contract documents.

Cost Proposal – Compensation, Classification, & Pay Equity Study Fee Categories Amount

Hourly Rate for Additional Services Hourly Rate:

The proposer hereby acknowledges the requirement to carry or indicates the ability to obtain the insurance required in the contract. Indicate in the affirmative by initialing here: ______

The proposer hereby acknowledges receipt of Addendum Nos. ___, __, ___, ___, ___ to this RFP.

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Exhibit B - Certificate of Compliance

Compliance with Oregon Tax Laws In compliance with OAR 137-047-0260(2)(e), I hereby attest or affirm under penalty of perjury:

That I am authorized to act on behalf of the proposer in this matter, that I have authority and knowledge regarding the payment of taxes, and that contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws, as defined in ORS 305.380.

Compliance with Nondiscrimination Laws In compliance with ORS 279A.110(4), OAR 137-046-0210(2) and OAR 137-047-0260(2)(a)(E), I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of proposer in this matter, and to the best of my knowledge the proposer has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against a minority, women or emerging small business enterprise certified under ORS 200.055 or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining a required subcontract.

Corporate Officer:

By:

Signature

Print Name

Title:

Date:

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Exhibit C – Sample Personal Services Agreement

20 East Main Street

Ashland, Oregon 97520

Telephone: 541/488-XXXX

Fax: 541/552-XXXX

CONSULTANT:

CONTACT:

ADDRESS:

TELEPHONE:

This Personal Services Agreement (hereinafter “Agreement”) is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and XXXXXXXXX, a domestic professional corporation or limited liability company ("hereinafter “Consultant"), for (description of services to be provided.).

NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and Consultant hereby agree as follows:

1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City, as set forth below (the “Effective Date”), and unless sooner terminated as specifically provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore, but not later than XXXXXXXXX.

2. Scope of Work: Consultant will provide (description of services to be provided) as more fully set forth in the Consultant’s Proposal dated XXXXXXXXX, which is attached hereto as “Exhibit X” and incorporated herein by this reference. Consultant’s services are collectively referred to in this Agreement as the “Work.”

3. Compensation: City shall pay Consultant the sum of $XXXXXXXX (this amount may be an hourly rate OR a lump sum - write out amount in long form here, e.g., two hundred thousand and eighty-five dollars) as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of $XXXXXXXXXX (write out amount in long form here) without the express, written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within thirty (30) days of the date of receipt by the City of Consultant’s invoice. Should this Agreement be terminated prior to completion of all

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Work, payments will be made for any phase of the Work completed and accepted as of the date of termination.

4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents.

5. All Costs Borne by Consultant: Consultant shall, at its own risk, perform the Work described above and, unless otherwise specified in this Agreement, furnish all labor, equipment, and materials required for the proper performance of such Work.

6. Qualified Work: Consultant has represented, and by entering into this Agreement now represents, that all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform the services to which they will be assigned in a skilled manner and, if required to be registered, licensed, or bonded by the State of Oregon, are so registered, licensed, or bonded.

7. Ownership of Work/Documents: All Work, work product, or other documents produced in furtherance of this Agreement belong to the City, and any copyright, patent, trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City.

8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235.

9. Data Safeguards:

a. Consultant shall access, store, and use Confidential Information solely for the purpose of providing the Work required by this Contract.

b. Consultant shall maintain physical, technical, and administrative safeguards to protect Confidential Information against unauthorized access.

c. Contractor shall not disclose Confidential Information to any third parties other than Contractor’s employees or approved subcontractors who have a legitimate need to access such Confidential Information and solely for the purpose of providing the Work, and only if such third parties are bound by confidentially and non-disclosure provisions no less restrictive than those set out in this Contract, including compliance with all applicable laws and regulations.

10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its officers, employees, and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this Agreement by Consultant (including but not limited to, Consultant's employees, agents, and others

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However, Consultant shall not be held responsible for any losses, expenses, claims, costs, judgments, or other damages, caused solely by the gross negligence of City.

11. Termination:

a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties.

b. City's Convenience. This Agreement may be terminated by City at any time upon not less than thirty (30) days’ prior written notice delivered by certified mail or in person.

c. For Cause. City may terminate or modify this Agreement, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions:

i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services;

ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or

iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied, revoked, suspended, or not renewed.

d. For Default or Breach.

i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen (15) days of the date of the notice, or within such other period as the party giving the notice may authorize in writing, then the Agreement may be terminated at any time thereafter by a written notice of termination by the party giving notice.

ii. Time is of the essence for Consultant’s performance of each and every obligation and duty under this Agreement. City, by written notice to Consultant of default or breach, may at any time terminate the whole or any part of this Agreement if Consultant fails to provide the Work called for by this Agreement within the time specified herein or within any extension thereof.

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iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless of whether such notice is given pursuant to Subsection a, b, c, or d of this section, Consultant shall immediately cease all activities under this Agreement, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all documents, information, works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement.

12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer that will comply with ORS 656.017.

13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract of the Work shall not create any contractual relation between the assignee or subcontractor and City.

14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation under the Agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Agreement;

or attempts to assign rights in, or delegate duties under, this Agreement.

15. Insurance. Consultant shall, at its own…