Addendum No.1 w sample.pdf

Addendum No. 1

Request for Proposal (RFP) No. P17926-2022-03-29A Secure Document Destruction Services

The purpose of this solicitation (RFP) is to obtain competitive offers from qualified firms (Proposers) interested in providing a proposal to Rogue Community College District (College) for Secure Document Destruction Services located at the College’s Redwood (Grants Pass), Riverside (Medford), Table Rock (White City), Campuses and the RCC/SOU Higher Education Center (HEC) in Medford.

Bid Due: Not later than Tuesday, March 29, 2022, at 11:00 am PDT, in the Contract and Procurement Office of Rogue Community College located at 3345 Redwood Hwy, Josephine Building, Room13, Grants Pass, Oregon.

Rogue Community College District reserves the right to reject any proposal not in compliance with all prescribed public bidding procedures and to reject for good cause any or all proposals that are not in the best interests of Rogue Community College District.

Oregon Revised Statutes (ORS) regulations governing public entities require that questions regarding this solicitation must be submitted in writing via email (bidquestions@roguecc.edu), or regular US mail and answered by addenda so that all potential bidders may be equally apprised of project parameters and clarifications.

(Please acknowledge all addendums on the offer form when submitting a proposal.)

1 This addendum is prepared to answer the following questions and clarifications:

A. The Sample Contract was not attached to RFP as stated- see attached Sample.

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Sample Agreement for

Secure Document Destruction Services

This Agreement is made between Rogue Community College District, hereinafter referred to as College, with a principal place of business at 3345 Redwood Highway, Grants Pass, OR 97527, and ________________, hereinafter referred to as Contractor with a principal place of business at ________ __________.

ARTICLE 1. Term of Agreement This Agreement is for a period of three (3) years and is effective as of the date signed, through June 30, 2025, and may be extended for an additional three (3)-year term with the written approval of both parties. College agrees that Contractor shall be its exclusive shredding Contractor for the term of this Agreement.

ARTICLE 2. Services to be Performed The following services are to be performed:

Provide all labor, materials and equipment necessary to perform services as stated in the Request for Proposal No. P17926-2022-03-29A and any addenda as listed in Attachment A.

All services will be provided as proposed in the Contractor’s response to RFP No.

P17926-2022-03-29A attached as Attachment B.

Contractor will be responsible to follow College guidelines while on College campuses including COVID-19 ( https://web.roguecc.edu/covid-19 )

ARTICLE 3. Fees for Service Secure Document Destruction Services on all College Campuses:

As proposed in Attachment B.

Prices for future years are based on these prices plus:

A percentage equal to the percentage change from the March Consumer Price Index (CPI-U) published by the Bureau of Labor Statistics of the United States Department of Labor for the previous year shall be calculated as a part of the annual review. Notwithstanding this calculation, any annual adjustment to the costs shall be not more than three percent (3%).

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ARTICLE 4. Independent Contractor Status Contractor is an independent contractor, not an employee of College. Employees of Contractor and/or contract personnel are not employees of College.

Contractor and College agree to the following rights consistent with an independent contractor relationship:

1 Contractor has the right to perform services for others during the term of this Agreement

2 Contractor has the sole right to control and direct the means, manner and method by which the services required in this Agreement will be performed, free from the direction and control of College except as specifically agreed upon in ARTICLE 2 with respect to the desired results of the services.

3 Contractor will furnish all equipment and materials used to provide the services required in ARTICLE 2.

4 Contractor shall perform the services required in this Agreement.

5 Contractor has the right to hire and/or fire employees of Contractor to assist

Contractor in the performance of the services, but College shall not hire, supervise or pay any assistants to help Contractor perform these services.

6 Neither employees nor contract personnel of Contractor shall receive any training from College in the skills necessary to perform the services required by this Agreement.

7 College shall not require employees or contract personnel of Contractor to devote full time to performing the services required by this Agreement.

ARTICLE 5. No Partnership This Agreement does not create a partnership relationship between Contractor and College. Neither Contractor nor College has the authority to enter into contracts on the other's behalf, except as specifically noted in ARTICLE 2.

ARTICLE 6. Business Permits, Certificates, and Licenses Contractor represents and warrants to College that Contractor is in compliance with all federal, state and local laws requiring business permits, certificates and licenses required to carry out the services to be performed under this Agreement.

ARTICLE 7. State and Federal Taxes Contractor shall report all payments for services performed under this Agreement on Contractor income tax return, and shall pay all taxes incurred while performing services under this Agreement - including all applicable income taxes and self-employment (Social Security) taxes.

College will not:

o Withhold FICA (Social Security and Medicare taxes) from payments to Contractor or make FICA payments on behalf of Contractor.

Secure Document Destruction Services Page 3 of 7 o Make state or federal unemployment compensation contributions on behalf of Contractor.

o Withhold state or federal income tax from payments to Contractor.

Fringe Benefits Neither employees nor contract personnel of Contractor are eligible to participate in any employee pension, health, vacation pay, sick pay or other fringe benefit plan of

RCC.

Workers' Compensation College shall not obtain workers' compensation insurance on behalf of Contractor employees. If Contractor hires employees to perform any work under this Agreement, Contractor will cover the workers' compensation insurance.

Unemployment Compensation College shall make no state or federal unemployment compensation payments on behalf of Contractor employees or contract personnel.

ARTICLE 8. Insurance Contractor shall secure, pay the premium for, and keep in force until the expiration of the contact and any renewal thereof, the following insurance covering:

General Liability Insurance providing limits for not less than $1,000,000 per occurrence, $2,000,000 aggregate. Insurance should show proof of automobile and property damage coverage.

Workers Compensation insurance as provided for under Oregon State Statues covering all employees.

Proof of compliance shall be furnished to the Contract and Procurement office of Rogue Community College within 15 (fifteen) calendar days of signing this Agreement.

ARTICLE 9. Title IX Under Title IX of the Education Amendments of 1972 (Title IX), sexual assault and other forms of sexual misconduct are forms of sexual harassment and are prohibited. Any person found responsible for such violations will face disciplinary actions up to and including suspension or dismissal from the College.

This Policy applies to all on-campus conduct, as well as any off-campus conduct that has an adverse impact on any member of the College community or the College.

ARTICLE 10. Severability If any part of this Agreement is held to be invalid or unenforceable, the rest of the Agreement will continue in effect.

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ARTICLE 11. Waiver of Contractual Right The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

ARTICLE 12. Applicable law The laws of the state of Oregon will govern this Agreement.

ARTICLE 13. Notices All notices and other communications in connection with this Agreement shall be in writing and shall be considered given in any of the following manners:

1 When delivered personally to either at the following addresses:

Contractor, XXXXX XXXXXXX, XXXXX, OR XXXXX.

Rogue Community College, Contracts Dept., 3345 Redwood Hwy.

Grants Pass, OR 97527.

Three (3) days after being deposited in the United States mail to either at the above address.

2 When sent by fax or e-mail to either with a confirmation copy of transmission.

ARTICLE 14. Billing Contractor will submit invoices on a monthly basis to include an accounting of all services performed during the month with specific date, time, building and campus notations. Payments by the College to Contractor for services rendered shall be made monthly, as promptly as possible and in accordance with the College’s regular payment procedure.

ARTICLE 15. Hold Harmless Contractor agrees to indemnify and hold harmless, College, its officers, agents and employees from any claims and losses accruing or resulting to any subcontractors, suppliers, laborers and any other person, firm, or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor, employees and/or contract personnel in the performance of this agreement.

ARTICLE 16. Nondiscrimination Clause During the performance of this Agreement, College and Contractor and its subcontractors shall not deny the Agreement's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, or sex. Rogue shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

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ARTICLE 17. Drug-free Workplace and Criminal Background Check Contractor certifies that any of its employees or subcontractors engaged at College’s workplace shall be free from the influence of alcohol and illegal substances.

Contractor personnel assigned to College account shall be subject to annual criminal background check and shall sign a confidentiality agreement with Contractor prior to beginning services for College.

ARTICLE 18. Mediation, Arbitration, Litigation In the event of any controversy arising out of, or relating to this Agreement and Contractor and College are unable to arrive at a mutually acceptable resolution, the controversy shall be brought to mediation for collaborative resolution.

Contractor and College will mutually select and equally share the cost and related expenses of the Mediator.

If Contractor and College are unable to resolve their differences in mediation, the parties shall submit the dispute to binding arbitration or by individual choice or mutual agreement may seek legal action through independent attorneys, in which case the prevailing party shall be awarded reasonable attorney's fees and expenses related to such action.

ARTICLE 19. Modifications and Waivers Except as specifically provided herein, no modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both Contractor and College.

ARTICLE 20. Terminating the Agreement This Agreement shall terminate effective June 30, 2025, unless it is extended for an additional three (3)-year term with the written approval of both parties. Such extension will require an amendment to this Agreement.

With reasonable cause, either Contractor or College may terminate this Agreement, effective immediately upon giving written notice.

Reasonable cause includes:

1. A material violation of this Agreement.

2. Any act exposing the other to liability to others for personal injury or property damage.

Either party may terminate this Agreement at any time by giving 30 (thirty) days' written notice to the other party of the intent to terminate.

ARTICLE 21. Attorney's Fees to Prevailing Party If either Contractor or College shall default in the performance of any of the provisions of this Agreement, and the other shall institute any action to enforce the performance of such provisions, the prevailing party shall be awarded reasonable

Secure Document Destruction Services Page 6 of 7 attorney's fees and expenses related to such action, including any subsequent appeal.

ARTICLE 22. Force Majeure

Neither Contractor nor RCC shall be held responsible for delay or default caused by fire, riot, war, inclement weather and other acts of God, which is beyond the reasonable control of Contractor or College.

ARTICLE 23. Exclusive and Entire Agreement This is the entire Agreement between Contractor and College with respect to the subject matter hereof. Neither party is relying on any representations, promises or agreements, whether written or oral, other than those expressly set forth herein.

This Agreement supersedes any prior written or oral agreements between Contractor and College.

WHEREFORE, the parties have caused this agreement to be executed as of the date and year first set forth below.

Signatures

Rogue Community College District Contractor

Signature Date Signature Date

Lisa Stanton Printed Name Printed Name

VP of Operations & Finance/CFO Title Title

Federal Taxpayer ID Number

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Exhibit A

Holidays and College closures.

Anticipated Closure dates:

Holidays and College closures.

Anticipated Closure dates:

New Year’s Day Martin Luther King Holiday President’s Day Juneteenth Memorial Day Independence Day Ten Fridays during summer term – typically early July through early September* Labor Day Veterans’ Day Thanksgiving and Day after Thanksgiving Christmas Eve Christmas Day Five days at Christmas – typically a day or two before Christmas and then up to or through January 1* *May change each year