Fema Financial RFP.pdf
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- Attached to
- Notice of Intent to Purchase -Ditch Witch JT10A
- Solicitation number
- S-C01010-00001978
- Issued by
- Clackamas County, Oregon
About this file
This is a Notice of Intent to Purchase issued by Clackamas County, Oregon, through its Department of Transportation and Development and Procurement Division, for equipment acquisition under a cooperative purchasing agreement. The county intends to procure one (1) Ditch Witch JT10A directional drilling machine with an accompanying trailer for the Clackamas County Broadband Exchange (CBX) project, which supports broadband infrastructure installation and maintenance activities. The procurement utilizes Sourcewell Contract # 012418-CMW with Charles Machine Works as the identified vendor. The Notice of Intent to Purchase was issued on February 3, 2022, with a response deadline of February 10, 2022, allowing seven calendar days for vendors to submit comments or feedback to Procurement Analyst Jan O'Gara by 5:00 PM. The procurement process is governed by Local Contract Review Board Rules C-046-0440.
The total estimated purchase amount for the Ditch Witch JT10A with trailer is $158,561.32. The procurement is classified as an unrestricted purchase without designated set-asides for disadvantaged or small businesses. Charles Machine Works is the sole identified vendor through the Sourcewell cooperative contract arrangement, indicating a direct purchase mechanism rather than a competitive bidding process. No renewal options, contract term extensions, or alternative vendor options are specified in the procurement notice.
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| File | Type | Posted |
|---|---|---|
| FEMA RFP Addendum 1.pdf | ||
| Notice of Intent to Purchase~1.pdf |
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Text version
Lane County Health & Human Services
FEMA Public Assistance Consulting for COVID-19
#21181
REQUEST FOR PROPOSALS
Contract period: TBD through 6/30/2023
Renewable through 6/30/2027
Submit Proposals to:
Hillary Moran
Hillary.Mo an@r lanecountyor.gov
Deadline:
Friday, 2/25/2022, 12:00 pm (PST)
TABLE OF CONTENTS
PART I – GENERAL INFORMATION……………………………………………………… 3
Introduction…………………………………………………………………………………. 3 Contract Requirements…………………………………………………………………… 3
Proposal Preparation and Submission………………………………………………….. 4 Proposal Evaluation and Award…………………………………………………………. 6 Clarification and Protest of Selection Documents……………………………………… 7
Protest Process……………………………………………………………………………. 8
PART II – PROGRAM INFORMATION……………………………………………………. 10
Program Description…………………………………………………………………………. 10 Funding………………………………………………………………………………………… 10
PART III – CALENDAR OF EVENTS………………………………………………………… 12
PART IV – GENERAL INSTRUCTIONS FOR SUBMISSION OF PROPOSALS………... 13
PART V – PROPOSAL CONTENT…………………………………………………………… 14
Required Documentation……………………………………………………………………. 14 Proposer’s Statements and Certification…………………………………………………. 15
PART VI – CRITERIA FOR EVALUATION OF RFP………………………………………... 17
PART VII – ATTACHMENTS………………………………………………………………….. 18
Notice Regarding Oregon Corporate Activity Tax ……………………………………... 19 Lane County Sample Contract……………………………………………………………… 20
You are hereby requested to respond to the following Request for Proposals by 12:00 pm (PST) on 2/25/2022. Proposals received after deadline(s) will not be accepted.
PART I - GENERAL INFORMATION
Introduction
Lane County is an Equal Opportunity Employer and the Lane County process of contracting is built on the principles of equity, consistency and understandability.
Lane County Department of Health & Human Services is seeking proposals from providers to FEMA financial consulting services.
The term of the contract arising from this Request for Proposals will be through 6/30/2023. The contract may be renewed through 6/30/2027 based on revenue availability, contractor performance and/or need.
Appropriate accommodations can be made upon notice for individuals with disabilities who wish to respond.
Contract Requirements
A. The contractor must operate the program independently and not as an agent of Lane County. Proposals will be accepted from a consortium of agencies. One joint proposal from each consortium will be required.
B. The contractor must comply with all applicable federal, state, local statutes, and rules governing the operations of the program, including, but not limited to the following:
1. The Americans with Disabilities Act of 1990, 42 USC 12101 et seq. as well as ORS 30.670 through 30.685, ORS 659.425 and ORS 659.430, and all rules and regulations implementing those laws.
2. Federal Code, Title 5 USCA 7201 et seq.: Anti-discrimination in employment
3. 3. ORS 659.010, 659.015, 659.020 and, 659.030: Enforcement of Civil Rights
Upon request, information will be provided to assist in locating copies of these rules.
C. Contractor must comply with the following:
1. All contract requirements concerning the provision of insurance must be met.
This may include comprehensive liability with Lane County named as additional insured, professional liability, fidelity bonding and workers' compensation coverage.
2. Automobile insurance with Lane County named as additional insured is required if clients are transported or a vehicle is used in conducting agency business under the contract. Professional liability insurance is required if services are provided by licensed staff. Insurance requirements are outlined in Exhibit H of Lane County contract.
D. All furnishings, equipment and materials exceeding $300 in value purchased with funds from this contract will belong to Lane County, and shall be returned to Lane County at the end of the contract, in as good condition as received, reasonable wear and tear accepted.
Proposal Preparation and Submission
A. Proposers are responsible for reading and understanding all portions of the solicitation documents, including attachments and addenda, if any, and to include all requirements in their proposal. To be responsive, proposals must be made in writing, and address requests for information contained in the RFP. Proposals must be submitted in the required form and containing all required documents and responses, be signed by the proposer or its authorized representative, and submitted in the manner and number described in the RFP.
Each a must be an “equal opportunity employer” willing to comply with all applicable provisions of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972 (see 42 USCA 2000), all regulations there under (see 41 CFR Parts 60 and 60-1), Executive Orders 11246 and 11375 and all Oregon statutes and regulations regarding employment.
B. Proposals submitted in response to this RFP become public records under Oregon law and, following contract award, will be subject to disclosure to any person or organization that submits a public records request. Proposers are required to acknowledge that any proposal may be disclosed in its entirety to any person or organization making a records request, except for such information as may be exempt from disclosure under the law.
Each proposer must clearly identify all information included in its proposal that is claimed to be exempt from disclosure. If the County receives a records request, including subpoena, covering information the proposer believes is covered by an applicable public records exemption, it is the proposer’s responsibility to defend and indemnify the County for any costs associated with establishing such an exemption.
C. Proposals must be received by the time and date stated for receipt in the RFP. To be considered, proposals must be submitted in the form and manner stated in the RFP complete with a Proposer's Certification Form signed by the proposer or its authorized representative, responses to all criteria and requirements included in the RFP, other documents required to be submitted, if any, and contain the number of copies required.
By submitting a proposal, proposer acknowledges that the proposer has read and understands the terms and conditions applicable to this RFP, and accepts and agrees to be bound by the terms and conditions of the contract, including the obligation to perform the scope of work and meet the performance standards.
D. A proposer may withdraw its proposal at any time prior to the deadline set for receipt of proposals, and may deposit a new sealed proposal in the manner stated in the RFP. The County may release an unopened proposal which has been withdrawn to the proposer or its authorized representative. The County will not consider proposals received after the time and date indicated for receipt of proposals. A proposer may not modify its proposal after it has been deposited with Lane County, other than to address for minor informalities, unless the proposal is withdrawn and resubmitted as described above.
E. Proposals will be received by Program Service Coordinator, Hillary Moran, until 12:00 p.m. (PST) on 2/25/2022. Proposals will be publicly opened immediately following the time proposals are due. Proposals must be submitted to Hillary.moran@lanecountyor.gov.
F. The County may issue an addendum to modify or add to the terms of the RFP, or to change the time or date for submission of proposals. Any addendum will be issued by the County in writing not less than seventy-two (72) hours prior to the deadline for receipt of proposals, and available on the County-Wide Bid Page. Each proposer is responsible to verify for itself if any addendum has been issued prior to submission of its proposal; the County is not responsible to notify individual prospective proposers of the issuance of an addendum. The requirements or clarifications contained in any addenda issued must be included in the proposal received and will become part of any resulting contract.
G. The County may reject any proposal not in compliance with all prescribed procedures, requirements, rules, or laws, and may reject for good cause any and all proposals upon the County's finding that it is in the public interest to do so. The County may also:
1. Issue a subsequent Request for Proposals for the same or similar goods or services
2. Not award a contract for the requested services
3. Waive any irregularities or informalities
4. Issue more than one contract, dividing the services to be rendered and the remuneration to be paid
5. Accept the proposal which the County deems to be the most beneficial to the public and to Lane County
6. Negotiate with any proposer to further amend, modify, redefine or delineate its proposal.
7. Further question any proposer to substantiate claims of experience, background, knowledge and/or ability
8. Waive the need for reference checks, based on current or prior experience with and/or knowledge of the proposer
H. The County will not examine any proposal prior to opening. All proposals submitted will be opened publicly at the time, date and place designated in the RFP by Hillary Moran, Program Services Coordinator. Any proposal or modification received5 after the designated deadline will not be opened or considered.
I. The proposals submitted will be open to public inspection after the issuance of notice of intent to award, with the exception of certain information covered by an exemption to disclosure.
Proposal Evaluation and Award
A. Proposals will be reviewed by the public officer for responsiveness to the minimum requirements established by RFP, which include:
(a) Submission of a completed Proposer's Statements and Certifications in the form included in this RFP.
b) Compliance with procedures, public contracting laws, and the requirements of the Lane Manual.
(c) Proposal of any applicable preferences for goods and services that have been manufactured, produced or performed in Oregon (ORS 279A.120), resident bidders (ORS 279A.120), recycled materials (ORS 279A.125), or printing performed within the State (ORS 282.210).
B. Proposals will be reviewed for qualifications and completeness by Hillary Moran, Program Services Coordinator. Proposers must provide the following:
1. Information required by Proposal Content section of the RFP
2. Signed Proposers’ Statements and Certifications
C. Proposals will be reviewed by the proposal review committee. The proposal review committee will be made up of Lane Coun ty program and financial staff working with FEMA funds. The County will make the contract award based on the actual proposals received, on the basis of price, qualifications, experience, resources, proposed services, proposers' past record of performance for the County, and other factors identified in the RFP, as well as responses received from references, interviews, and follow-up questions, if any.
D. Mistakes discovered after opening where the intended correct statement or amount is clearly evident or properly substantiated may be corrected. Where the intended correct statement or amount is not clearly evident or cannot be substantiated by accompanying documents, and where the statement or amount is material to determining compliance with the minimum requirements of the RFP, the proposal may not be accepted. The County reserves the right to waive technical defects, discrepancies and minor irregularities and to not award a contract when it finds such action to be in the public interest.
E. The County will provide written notice of its intent to award to a given proposer or proposers by 3/3/2022.
F. The County reserves the right to cancel a solicitation, or reject any or all proposals in whole or in part when the cancellation or rejection is i n t he County’s best interests as determined by the County. This includes rejecting any proposal not in6 compliance with all prescribed public solicitation procedures and requirements, and for good cause, rejecting all proposals upon a finding that it is in the public interest to do so.
If all proposals are rejected, new proposals may be called for in a new solicitation, or the proposals received may be considered with opportunity for supplemental submission. If there is partial rejection, the County may solicit supplemental information only from those proposers who submitted proposals, on the condition that it is unlikely that re-advertising would lead to greater competition. Hillary Moran is delegated the authority to reject all proposals, prepare findings of best interests, and provide written notice of rejection of all proposals.
Clarification and Protest of Solicitation Documents
If a clarification is necessary, an addendum will be issued in writing not less than seventy-two (72) hours prior to the deadline for receipt of proposals, and available on the County-Wide Bid Page. The addendum may postpone the date for submission of proposals by a minimum of five (5) calendar days. The requirements or clarifications contained in any addenda so issued must be included in the proposals received and will become part of any resulting contract.
The apparent silence of the solicitation documents regarding any detail, or the apparent omission from the RFP of a detailed description concerning any point, means that only the best commercial or professional practice, material, or workmanship is to be used.
A prospective proposer may protest the competitive selection process or provisions in the RFP documents if the prospective proposer believes the solicitation process is contrary to law or that a solicitation document is unnecessarily restrictive, legally flawed, or improperly specifies a brand name pursuant to the requirements of ORS 279B.405(2).
Any written protest must be submitted to Hillary Moran, Hillary.moran@lanecountyor.gov by 2/11/2022 at 12:00 p.m.
Lane County will consider the protest if the protest is timely filed and contains:
(1) Sufficient information to identify the solicitation that is the subject of the protest;
(2) The grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name;
(3) Evidence or supporting documentation that supports the grounds on which the protest is based; and
(4) The relief sought.
If the protest meets these requirements, the County will consider the protest and issue a decision in writing. If the protest does not meet these requirements, the County will promptly notify the prospective proposer that the protest is untimely or that the protest failed to meet these requirements and give the reasons for the failure. The County will issue its decision on the protest not less than three (3) business days before proposals are due, unless a written determination is made by the County that circumstances exist that justify a shorter time limit. If a proposer finds discrepancies or omissions in the RFP documents, or is in doubt as to their meaning, the proposer must immediately notify Hillary Moran, Hillary.moran@lanecountyor.gov.
Protest Process
A respondent to an RFP that submitted a responsive proposal, and is not selected for award, may protest the award or recommendation for award of a contract based on RFPs submitted. Any protest must be received by the County within seven 7 days of the notice of recommendation or intent to award or, if no notice is given, of actual award.
Protests of award or intent to award will be considered by the Local Contract Review Board (LCRB), if the Board's action were required to award the contract. All other protests of intent of award will be considered by the County Administrator, or the Administrator's designee.
(1) Requirements for protest.
(a) A protest of award of a public improvement contract must specify the applicable grounds for protest set forth in OAR 137-049-0450(4)(c), which is hereby adopted into this rule.
(b) All other protests of award must be in writing and specify the applicable grounds for the protest as set forth in ORS 279B.410(1).
(c) Any protest not in compliance with these rules may be rejected.
(2) Review and determination.
(a) Upon receipt of a protest, the department must promptly notify both the evaluation committee and the proposer recommended for award that a protest has been received, and furnish each with a copy of the protest. Both the recommended proposer and the committee may, within three 3 calendar days from the date the protest was received, respond to the protest in writing.
(b) After a protest has been received, the Department that issued the RFP must prepare a written analysis of the protest and make a recommendation to the decision maker as to appropriate action to be taken.
(c) Contracts Requiring Board Action to Award. If the public officer determines there is sufficient merit to reject proposals, the public officer may do so. If, following any action by the public officer, any portion of the protest remains, the LCRB must be provided with, and may consider, a complete copy of the written record, and any other evidence provided, at a public meeting. At the public meeting the LCRB may, at the LCRB's discretion, allow the department that issued the RFP and the appellant an opportunity to address the protest. The LCRB may affirm, reverse, or revise an award, or may send the matter back to the Department for further action, and must issue its decision by Board Order.
(d) Contracts Not Requiring Board Action to Award. The County Administrator has authority to reject proposals, or to affirm, reverse, or revise the award, or send the matter back to the department for further action. The Administrator must deliver this decision to the LCRB. If, within seven 7 days, the LCRB elects to review the matter, the LCRB must be provided with and may consider a complete copy of the written record, and any other evidence provided, at a public meeting. The LCRB may affirm, reverse, or revise an award, or may send the matter back to the Department for further action, and must issue its decision by Board Order.
If the LCRB does not elect to review the matter within seven 7 days, the Administrator's decision will be final.
(3) The procedures in this rule are mandatory to the extent they establish the time and manner for protests to be submitted to the County, including that the protest be in writing specifying the grounds and timely filed, and that there be a written response. The other protest procedures above are directory, and failure to follow or complete the action in the manner provided will not invalidate the County’s decision.
PART II - PROGRAM INFORMATION
Program Description
Project Detail
Assist Lane County in managing Federal Emergency Management Agency (“FEMA”) Public Assistance applications and related processes.
Cost Tracking and Accounting
• Assist Lane County with expanding the County’s capacity for cost tracking, public accounting, and related processes associated with FEMA public assistance;
• Assist County staff to obtain necessary backup documentation to support expenses in compliance with FEMA requirements;
• Conduct work in compliance with the Office of Management and Budget's (OMB) Uniform Administrative requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly referred to as "Uniform Guidance")
• Review data, records, and processes for compliance with federal requirements;
• Advise on document retention strategies for audit purposes;
• Provide cash management reports showing funding vs. expenses
Guidance & Training
• Coordinate with local government staff to obtain all necessary backup documentation to develop, revise, and submit Project Worksheets (“PW”);
Reporting & Compliance Monitoring
Provide detailed and periodic management reports on the status of PWs, including developments, revisions, submissions/approvals, open issues, financial overview, etc.;
• Coordinate and manage deliverables and reporting with FEMA
• Generate time extension requests to FEMA when necessary so that eligibility is not forfeited;
• Review data, records, and processes for compliance with federal requirements;
• Advise on document retention strategies for audit purposes;
• Provide Cash Management reports showing expensed versus revenue received; and
• Review data and records for compliance with federal requirements
Project budget:
Dependent on ongoing nature of emergency and FEMA public assistance needs. Unknown at this time.
Additional Program Information
If applicants need additional information about any aspect of the program, questions and requests for information should be addressed to Hillary Moran at Hillary.moran@lanecountyor.gov. Requested information to the extent it is available, will be provided to any applicant.
PART III - CALENDAR OF EVENTS
Request for Proposal Released 2/4/2022……………………………………………………………………
2/11/2022, 12:00 p.m. (PST)…………………………………………….... Deadline for Commenting on or Protesting Specifications Believed to Limit Competition
2/25/2022, 12:00 p.m. (PST).....………………………………………… Proposals Due to Hillary.moran@lanecountyor.gov
3/3/2022…………………………………….………………….. ................ Notification of Review E-mailed
3/10/2022 @ 12:00 p.m. ....................................................................... Protests of Recommendations Due
3/11/2022 …………………………………………………………. ............ Contracts Awarded
PART IV- GENERAL INSTRUCTIONS
A. All responders to the Request for Proposals must respond to all items requested.
Proposals which are incomplete or fail to include all items may be rejected.
B. In your responses, please follow the sequence of questions or documentation requested in all sections of the Request for Proposals.
C. All proposals must be submitted as a single PDF document.
D. Responders may comment on or object to any of the specifications of the Request for Proposals which they believe limit competition as outlined in the Clarification and Protest of Solicitation Documents section of this RFP.
E. All protests of award must be filed within seven (7) calendar days after notice of the decision was mailed pursuant to LM 20.730
PART V – PROPOSAL CONTENT
Required Documentation
1. Explain applicant’s experience providing FEMA consultation services. Provide a brief history of your organization's projects and scope of work with FEMA management and reconciliation.
2. Provide examples of applicant’s expertise with COVID FEMA funds management and reconciliation.
3. Describe how the applicant’s business’s technical expertise surrounding FEMA management and reconciliation will benefit the Lane County, Oregon.
4. Provide a statement of qualifications and capability to perform the services sought by this RFP, including a description of relevant experience with projects that are similar in nature, size and scope to that which is the subject of this RFP. Please highlight direct experiences with reconciliation and management of COVID FEMA funds.
5. Provide a proposed scope of work, project timetable including staff availability (schedule, number of hours organization will bill weekly/monthly) to help develop systems and tracking of COVID FEMA funds, in accordance with “Scope of Work,” of this RFP. Include date when you can begin this project.
6. Provide detailed cost proposal, including: anticipated number of staff, anticipated billable hours (weekly/monthly) and hourly rates for project and dedicated staff.
References
Provide at least three references, preferably for projects that are similar in type, scope, size and/or value to the work sought by this RFP. If applicable, Applicant should provide references for projects with other municipalities that are similar in size to Lane County, Oregon. For each reference, include the name, address and telephone number of a contact person.
RESPONDENT STATEMENTS AND CERTIFICATIONS
(CONTRACT FORM D-2, 2020 EDITION)
NOTE: this form is for use with RFQ and RFP responses only. For Bids, use Contract Form D-1.
Respondent's Name:
RFQ or RFP Title:
RESPONDENT STATEMENTS
Respondent's Offer. Respondent offers to provide the required goods or services in accordance with the requirements of the Request for Proposals (RFP) or Request for Qualifications (RFQ) stated above as stated in the enclosed response. The undersigned Respondent declares that Respondent has carefully examined the above-named RFP or RFQ, and that, if an award is made, Respondent will execute a contract with the County to furnish the goods or services required under the RFP or RFQ response submitted with this form. Respondent attests that the information provided is true and accurate to the best of the personal knowledge of the person signing this document, and that the person signing has the authority to represent the individual or organization in whose name the response is submitted.
Respondent's Acceptance of Terms and Conditions. By execution of this form, the undersigned Respondent accepts all terms and conditions of the RFP or RFQ except as modified in writing in its response. Respondent agrees that the offer made herein will remain irrevocable for a period of 60 days from the date responses are due.
Respondent's Acknowledgement of Public Records Law. By execution of this Form, the undersigned Respondent acknowledges that its entire response is subject to Oregon Public Records Law (ORS 192.410– 192.505), and may be disclosed in its entirety to any person or organization making a records request, except for such information as may be exempt from disclosure under the law. Respondent agrees that all information included in this bid that is claimed to be exempt from disclosure has been clearly identified either in the Respondent Statement, or in an itemization attached hereto. Respondent further acknowledges its responsibility to defend and indemnify the County for any costs associated with establishing a claimed exemption.
ADDENDA
Respondent has received and considered, in the accompanying response, the terms of the following addenda, if any:
CERTIFICATIONS
By signing this Respondent's Certification form, Respondent certifies that:
1. Certification of Resident Bidder Status. Respondent is _____is not _____ (check one) a resident bidder, as defined in ORS 279A.120.
2. Certification of Non-Discrimination. Respondent has not discriminated and will not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns, or an emerging small business that is certified under ORS 200.055.
3. Certification of Non-Collusion. This bid is made without connection or agreement with any individual, firm, partnership, corporation, or other entity making a bid for the same services, and is in all respects fair and free from collusion or collaboration with any other Respondent.
4. Certification of Compliance with Tax Laws. Respondent has, to the best of Respondent's knowledge, complied with Oregon tax laws in the period prior to the submission of this bid, including:
a. All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318, 15
b. Any tax provisions imposed by a political subdivision of this state that applied to Respondent or its property, goods, services, operations, receipts, income, performance of or compensation for any work performed, and
c. Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.
The undersigned, by signature here, acknowledges, accepts, and certifies to the statements and certifications as stated above.
RESPONDENT
Authorized signature Respondent’s legal name
Name of authorized signer Address
Title
Date Federal Tax ID number
CONTACT INFORMATION FOR THIS SUBMISSION
Contact name
Telephone number
Email address
Agency Name:
Reviewer:
Total 0 x2 x2 x3 x1 x3 x1
FEMA Financial Consulting RFP Score Sheet
Review Date:
Did applicant provide a statement of qualifications and capability to perform the services sought by this RFP? Did they include a description of relevant experience with projects that are similar in nature, size and scope to that which is the subject of this RFP? Did they highlight direct experiences with reconciliation and management of COVID FEMA funds?
1 2 3 4 5 6 7 8 9 10
Does applicant’s explain experience providing FEMA consultation services? Did applicant provide a brief history of your organization's projects and scope of work with FEMA management and reconciliation?
1 2 3 4 5 6 7 8 9 10
Does the applicant provide a proposed scope of work, project timetable including staff availability (schedule, number of hours organization will bill weekly/monthly) to help develop systems and tracking of COVID FEMA funds, in accordance with “Scope of Work,” of this RFP? Did applicant share date when they can begin this project.
1 2 3 4 5 6 7 8 9 10
Does Applicant provide examples of applicant’s expertise with COVID FEMA funds management and reconciliation?
1 2 3 4 5 6 7 8 9 10
Does applicant describe how the their business’s technical expertise surrounding FEMA management and reconciliation will benefit the Lane County, Oregon?
1 2 3 4 5 6 7 8 9 10
Does the applicant provide detailed cost proposal for Scope of Work? Did they include anticipated number of staff, anticipated billable hours (weekly/monthly) and hourly rates for project and dedicated staff?
1 2 3 4 5 6 7 8 9 10
PART VI – CRITERIA FOR EVALUATION OF REQUEST FOR PROPOSALS
PART VII- ATTACHMENTS
Notice Regarding Oregon Corporate Activity Tax
Lane County Contract
NOTICE REGARDING OREGON CORPORATE ACTIVITY TAX
The County is providing this notice to ensure Bidders and proposers are informed of the Corporate Activity Tax (CAT), effective January 1, 2020. Bidders and proposers must consider this tax and all other applicable taxes in preparing and submitting bids and proposals; the County will pay according to the contract amount(s) as submitted in the Bid or proposal, in accordance with the contract documents.
The following information is provided from the Oregon Department of Revenue:
In 2019, the Oregon Legislature established the Corporate Activity Tax (CAT) through House Bills 3427 and 2164. The CAT is expected to generate $1 billion of revenue per year. Although the tax is called a Corporate Activity Tax, the tax applies to all business entity types, including sole proprietorships, partnerships, type C and S corporations, and others.
The CAT is measured on a business's commercial activity-the total amount a business realizes from transactions and activity in Oregon, regardless of whether the revenue is received from private parties or contracts with government entities such as Lane County.
The new law requires businesses with Oregon commercial activity in excess of $1 million to file a CAT return, and those businesses with taxable commercial activity in excess of $1 million must pay the tax. The CAT imposes a $250 tax on the first $1 million of gross receipts, after subtractions, and a 0.57 percent tax on gross receipts greater than $1 million, after subtractions. Please be aware the Corporate Activity Tax:
Is effective January 1, 2020.
Applies to any business entity that conducts business in Oregon.
Requires returns to be filed using a calendar tax year.
Requires registration within 30 days after exceeding the $750,000 registration threshold.
Requires returns to be filed annually by April15.
For more information and to receive updates by subscribing to the Oregon Department of Revenue (ODR) email notification list, visit the ODR website at www.oregon.gov/dor and click on the Corporate Activity Tax link. Bidders may also follow ODR at @Orrevenue on Twitter.
If you have questions regarding the tax, you may call 503-945-8005 or email ODR at cat.help.dor@oregon.gov.
LANE COUNTY
PERSONAL SERVICES CONTRACT BOILERPLATE
(With Indemnity)
In performing these services, it is understood and agreed that:
1. CONTRACTOR represents and warrants to COUNTY that:
A. CONTRACTOR will meet all requirements, including HIPAA Provisions if included, specified in Exhibit A – Additional Terms and Conditions.
B. CONTRACTOR will perform the services specified in Exhibit B – Program Plan, by this reference made a part hereof, at a rate specified in Exhibit C – Budget, by this reference made a part hereof.
C. CONTRACTOR will provide match at a level specified in Exhibit D – Match.
D. CONTRACTOR will provide reports as specified in Exhibit E – Special Reporting Requirements.
E. CONTRACTOR will comply with the rules and regulations of COUNTY specified in Exhibit F – Standard Contract Provisions, by this reference made a part hereof.
F. By execution of this contract, CONTRACTOR certifies to the best of CONTRACTOR’s knowledge and belief that CONTRACTOR is in compliance with, and will abide by, all federal requirements specified in Exhibit G – Federal Requirements.
G. CONTRACTOR will comply with all terms and conditions of the Contract. In the event of a conflict between the requirements of this document and any Exhibit, the requirements of this document prevail.
2. Payment will be made periodically as the work progresses, not more than monthly, based upon a properly submitted and approved invoice from CONTRACTOR. Payments will customarily be made within 30 days of receipt of a properly submitted and approved invoice from CONTRACTOR. Prior to approval and payment, COUNTY may require, and if required CONTRACTOR must provide, any information which COUNTY deems necessary to verify work has been performed properly in accordance with the Contract.
3. The parties may jointly agree to terminate this Contract at any time by written agreement. COUNTY may terminate this Contract for its convenience at any time with no liability on its part, except to pay for services previously provided, by giving CONTRACTOR not less than 30 days' advance written notice. If it has been determined by COUNTY that the health and safety of clients, staff or the public has been jeopardized by CONTRACTOR, COUNTY may terminate this Contract with less than 30 days written notice.
If County reasonably believes that CONTRACTOR is in material breach of CONTRACTOR’s obligations or any representation or warranty contained in this Contract, upon notice to CONTRACTOR of such breach and failure of CONTRACTOR to cure such breach within 7 days of receipt of COUNTY’s notice, COUNTY may terminate this Contract.
4. CONTRACTOR hereby agrees to maintain the security and privacy of any and all protected health information (PHI) received as a part of performing this contract in a manner consistent with state and federal laws and regulations, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and regulations there under, and all other applicable laws.
PS Rev 3/29/21
No information contained in a client record will be disclosed if such disclosure is prohibited by ORS 179.505 to 179.507, 45 CFR Section 205.5 or 42 CFR Part 2, any administrative rule adopted by the State of Oregon Department of Human Services implementing the foregoing laws, or any other applicable federal or state confidentiality law.
5. CONTRACTOR will demonstrate through its actions an understanding and appreciation for diversity and differences in its clients. This will be demonstrated through provision of equal access to services for all clients.
CONTRACTOR will respect and value gender, language, race, developmental ability and socioeconomic diversity in its clients and will respect the client’s right to privacy in such areas as religious faith, political beliefs and sexual orientation. All clients will be treated with dignity and respect, regardless of gender, language, race, developmental ability, religion, political beliefs, sexual orientation and socioeconomic level.
6. This Contract and any subsequent amendments may be executed in several counterparts, facsimile or otherwise, all of which when taken together will constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of the Contract and any amendments so executed will constitute an original.
7. Any notice, demand, consent, approval, or other communication to be given under this Contract must be in writing and provided by email addressed to the party’s authorized representative, except as provided below in this section. However, if, in either party’s discretion, email is not the most appropriate method for providing notice, then notice may be provided by personal delivery; certified mail, postage prepaid, return receipt requested; or nationally recognized overnight courier. The effective date of notice shall be: for notice by email, the date and time sent if sent between the hours of 8 am and 5 pm, otherwise effective at 8am the following Business Day; for notice delivered in person, the date and time of delivery; for notice by U.S. mail, three days after the date of certification; and for notice by overnight courier, the next business day after deposit with the courier. If no representative is identified in this Contract, notice may be given to the person executing the Contract on behalf of that party.
8. The novel coronavirus (“COVID‐19”) has been declared a worldwide pandemic by the World Health Organization.
COVID‐19 is extremely contagious and believed to spread mainly from person‐to‐person contact. Each of the parties is and must remain familiar with the Centers for Disease Control Prevention guidelines and with federal, state, and local laws, rules, and orders regarding COVID‐19 throughout the term of this Contract. Each of the parties acknowledges that it understands the circumstances regarding COVID‐19, and in carrying out its obligations under this Contract, each will take all necessary precautions, including those set out in the guidelines, laws, rules and orders described in this paragraph. The parties agree that they have anticipated the costs of compliance with the present guidelines, rules, laws, and orders in establishing their obligations under this Contract, and that no claim will be made by either party for such compliance. However, in the event that after the effective date of this Contract the referenced COVID‐19 guidelines, laws, rules, and orders are changed in such a way as to adversely affect the parties’ carrying out of their obligations under this Contract, either party so affected must give notice to the other party of any potential need to modify the Contract to accommodate or respond to such changes in the guidelines, laws, rules, and orders.
9. By execution of this Contract, CONTRACTOR certifies under penalty of perjury that CONTRACTOR represents that if it is, or if it may be deemed to be, a religious or denominational institution or organization, or an organization operated for religious purposes, which is supervised or controlled by, or in connection with a religious or denominational institution or organization, then CONTRACTOR certifies that:
A. CONTRACTOR agrees to provide public services in a manner free from religious influence;
B. CONTRACTOR will not discriminate in employment practices based on religion;
C. CONTRACTOR will not discriminate against program applicants based on religion;
PS Rev 3/29/21
D. CONTRACTOR will not give preference to certain religions in the provision of services;
E. CONTRACTOR will provide no religious instructions while providing the public services;
F. CONTRACTOR will not provide religious services or other forms of proselytizing while providing the public services; and
G. CONTRACTOR will exert no other religious influence in providing services.
10. By execution of this contract, the person signing this contract certifies to COUNTY that:
A. The person has the power and authority to execute this Contract on behalf of Contractor, and to bind Contractor to its terms, B. Contractor will, at all times during the term of this Contract, be qualified and professionally competent, and possess any licenses required to perform the Work.
C. Contractor has not discriminated against minority, women or small business enterprises or a business that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225, E. All staff and volunteers used in any program receiving funding from the Department of Human Services (DHS), Oregon Health Authority (OHA), Oregon Youth Authority (OYA), Department of Education (DOE) or the Employment Division or is licensed by DHS, OHA, OYA, DOE or the Employment Division will complete a criminal history check per ORS 181.534 or 181.537 and will not have unsupervised contact with clients prior to approval by DHS, OHA, OYA, DOE or Employment Division, and
F. The Contractor has, to the best of its knowledge, complied with Oregon tax laws in the period prior to the execution of this Contract, and will continue to comply with such laws during the entire term of this Contract, including:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318,
(ii) Any tax provisions imposed by a political subdivision of this state that applied to Proposer or its property, goods, services, operations, receipts, income, performance of or compensation for any work performed, and
(iii) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.
G. Pursuant to ORS 305.385(6) and OAR 150‐305‐0302, the undersigned as Contractor hereby swears and affirms under penalty of perjury that, to best of my knowledge, Contractor is not in violation of any tax laws described in ORS 305.380 (4)(a).
Exhibit A
Additional Terms and Conditions
Exhibit B
Program Plan
Exhibit C
Budget
Service Description
Service Description Name Vendor or Sub-recipient Federal Funding
Source CFDA #(s)
A&D 03 System Management and Coordination-
AddictionServices N/A
A&D 60 Start-Up - Addiction Services N/A
A&D 61 Adult Addiction Treatment, Recovery &
Prevention Residential Treatment Services Sub-recipient SAPT 93.959
A&D 62 Supported Capacity for Dependent
Children Whose Parents are in Adult Substance Use Disorder ResidentialTreatment
Vendor TANF 93.558
A&D 63 Peer Delivered Services N/A
A&D 64 HousingAssistance N/A
A&D 65 Intoxicated Driver Program Fund (IDPF) N/A
A&D 66 Community Behavioral and Addiction Treatment, Recovery & Prevention Services Sub-recipient SAPT 93.959
A&D 67 Addiction Treatment, Recovery & Prevention
Residential & Day Treatment Capacity Sub-recipient SAPT 93.959
A&D 71 Youth Addiction, Recovery & Prevention
Residential Treatment Services N/A
A&D 80 Problem Gambling Prevention Services N/A
A&D 81 Problem Gambling Treatment Services N/A
A&D 82 Problem Gambling Residential Services N/A
A&D 83 Problem Gambling Respite Treatment
Services N/A
A&D 84 Problem Gambling Client Finding
Outreach Services N/A
MHS 01 System Management and Coordination N/A
MHS 04 Aid and Assist Client Services N/A
MHS 05 Assertive Community Treatment Services N/A
MHS 08
Crisis and Acute Transition Services
(CATS)
N/A
MHS 09 Jail Diversion N/A
MHS 10
Mental Health Promotion and Prevention
Services N/A
MHS 12 Rental Assistance Program Services N/A
MHS 13 School Based Mental Health Services N/A
MHS 15 Young Adult Hub Programs (YAHP) N/A
MHS 16 Peer Delivered Services (PDS) N/A
MHS 16A Veterans Peer Delivered Services N/A
MHS 20
Non Residential Adult Mental Health Services for
Adults Sub-recipient MHBG 93.958
FY 21-23 CFDA Information
Service Description Name Vendor or Sub-recipient Federal Funding
Source CFDA #(s)
MHS 22
Non Residential Adult Mental Health Services for
Child and Youth N/A
MHS 24
Acute and Intermediate Psychiatric
Inpatient Services N/A
MHS 25
Community MH Crisis Services for Adults and
Children N/A
MHS 26
Non-Residential Mental Health Services for
Youth & Young Adults in Transition N/A
MHS 26A Early Assessment and Support Alliance (EASA) N/A
MHS 27
Residential Mental Health Treatment
Services for Youth and Young Adults In Transition
N/A
MHS 28 Residential Treatment Services N/A
MHS 28A Secure Residential Treatment Facility N/A
MHS 30
Monitoring, Security and Supervision Services for Individuals Under the Adult and Juvenile
Panels of the Psychiatric Security Review Board N/A
MHS 31
Enhanced Care/Enhanced Care
Outreach Services N/A
MHS 34 Adult Foster Care Services N/A
MHS 35
Older/Disabled Adult Mental Health
Services N/A
MHS 35A Gero-Specialist N/A
MHS 35B APD Residential N/A
MHS 36
Pre-Admission Screening and Residential
Review Services (PASRR) N/A
MHS 37 Start-Up Community Mental Health N/A
MHS 38 Supported Employment Services N/A
MHS 39
Projects For Assistance In Transition From
Homelessness Services (PATH) N/A
PE 01-01 State Support for Public Health (SSPH) N/A
PE 01-07 ELC ED Contact Tracing Sub-recipient CDC/Epi & Lab Capacity 93.323
PE 01-09 COVID-19 Active Monitoring - ELC Sub-recipient CDC/Epi & Lab Capacity 93.323
PE 01-10 CARES Sub-recipient Immunization and
Vaccines for Children 93.268
PE 03 Tuberculosis (TB) Services N/A
Sub-recipient
CDC/HIV AIDS Prevention Activities, Health Dpt.
Based 93.940
Sub-recipient Integrated HIV
Surveillance & Prevention for Health Depts
93.944
PE 07 HIV Prevention Services
Service Description Name Vendor or Sub-recipient Federal Funding
Source CFDA #(s)
PE 10 Sexually Transmitted Disease (STD) N/A
PE 12
Public Health Emergency Preparedness
Program (PHEP) Sub-recipient
CDC/Public Health Emergency Preparedness
93.069
PE 13-01
Tobacco Prevention and Education
Program (TPEP) N/A
PE 17 Vector Control N/A
PE 36 Alcohol and Drug Prevention Education Program Vendor SAMHSA/Alcohol & Drug
Prevention Education Program
93.959
PE 40-01 WIC NSA: July - September Sub-recipient
USDA/Special Supplemental Nutrition Program for Women, Infants & Children
10.557
PE 40-02 WIC NSA: October - June Sub-recipient
USDA/Special Supplemental Nutrition Program for Women, Infants & Children
10.557
PE 42-03 Perinatal General Funds & Title XIX Vendor Title XIX Medicaid
Admin/Medical Assistance Program
93.778
PE 42-04 Babies First! General Funds N/A
PE 42-06 General Funds & Title XIX Vendor Title XIX Medicaid
Admin/Medical Assistance Program
93.778
PE 42-11 Title V Sub-recipient HRSA/Maternal & Child
Health Block Grants 93.994
PE 42-12 Oregon Mothers Care Title V Sub-recipient HRSA/Maternal & Child
Health Block Grants 93.994
PE 42-14 Home Visiting N/A
PE 43-01 ImmunizationServices Sub-recipient CDC/Immunization
Cooperative Agreements 93.268
PE 44-01 School Based Health Centers (SBHC) Base N/A
PE 44-02 SBHC Mental Health Expansion N/A
PE 46-05 Reproductive Health Community Access N/A
Vendor EPA Public Water System
Supervision 66.432
Vendor EPA/Safe Drinking Water
State Revolving Fund 66.468
PE 51-01
Leadership, Governance & Program
Implementation N/A
PE 50 Safe Drinking Water (SDW) Program
Service Description Name Vendor or Sub-recipient Federal Funding
Source CFDA #(s)
PE 51-02 Regional Partnership Implementation N/A
PE 60 Suicide Prevention, Intervention & Postvention Sub-recipient
SAMHSA/Substance Abuse & MH Services Projects of Regional & National Significance
93.243
Sub-recipient SAMHSA/State Targeted Response to the Opiod
Crisis Grants 93.788
Sub-recipient
CDC/Injury Prevention & Control Research and
State & Community Based Programs
93.136
HS Healthy Start N/A
HSGF Healthy Start General Fund N/A
MIECHV Nurse Family Partnership Sub-recipient HRSA 93.870
SPF PFS
Strategic Prevention Framework
Partnership for Success Sub-recipient SAMHSA 92.243
SAPT Substance Abuse Treatment Block Grant Sub-recipient SAMHSA 93.959
CARES- CRF Coronavirus Relief Fund Sub-recipient / Coronavirus Relief
Fund 21.109
CDBG Community Development Block Grant Sub-recipient HUD 14.218
PE01 CSBG Community Services Block Grant Sub-recipient HHS 93.569
CARES CSBG
Community Services Block Grant (Coronavirus
Relief) Sub-recipient HHS 93.569
COC Continuum of Care Sub-recipient HUD 14.288
PE02 ESG Emergency Solutions Grant Sub-recipient HUD 14.231
PE03 EHA EmergencyHousing Assistance State Funding
ERA Elderly Rental Assistance State Funding
PE04 SHAP State Homeless Assistance Program State Funding
SNAP 50/50
Supplemental Nutrition Assistance
Program Sub-recipient
Department of Agriculture
10.561
HSC Human Services Commission Local Funding
PE05 HSP Housing Stabilization Program Sub-recipient HHS 93.558
PE06 HTBA HOME Tenant Based Assistance Program Sub-recipient HUD 14.239
HUD
Housing and Urban Development Continuum of
Care Grants Sub-recipient HUD 14.267
LIRHF Low Income Rental Housing Fund State Funding
PE08 LIHEAP
Low Income Home Energy
AssistanceProgram Sub-recipient HHS 93.568
PE09 LIHEAP
WX
Low Income Home Energy AssistanceProgram Weatherization
Sub-recipient HHS 93.568
PE 62 Overdose Prevention
Service Description Name Vendor or Sub-recipient Federal Funding
Source CFDA #(s)
PE10 OEAP Oregon Energy Assistance Program State Funding
PE11 BPA
Bonneville Power Administration
WeatherizationProgram State Funding
CARES-EA
Coronavirus Energy Assistance and
Weatherization Sub-recipient HHS 93.568
PE12 DOE
WAP
Department of Energy Weatherization Assistance Program
Sub-recipient DOE 81.042
PE13 ECHO
EnergyConservation Helping Oregonians
Weatherization AssistanceProgram State Funding
SAMHSA
Substance Abuse and Mental Health Services
Administration Sub-recipient SAMHSA 93.243
CARES Coronavirus Relief Fund
PE15 EAS/CRF
PE 15 Energy Assistance Stability (EAS)
Program - CRF State Funding
PE14 CRF RR Coronavirus Relief Fund (CRF) State Funding
BRS Behavioral Rehabilitation Services Vendor HHS MAP 93.778 93.767
JCP Juvenile Crime Prevention State
JCP BASIC Juvenile Crime Prevention Basic Services State
JCP DIVER
Juvenile Crime Prevention Diversion
Services State
OYA FLEX
Oregon Youth Authority IndividualizedServices
State
Serbu Serbu Foundation Private
TITLE II Title II Formula Grant OJJDP 16.54
BLM Bureau of Land Management Secure Rural Schools 15.234
FEMA Federal Emergency Management Agency Contractor FEMA 97.036
CARES Coronavirus Relief Fund Subrecipeint H&HS 20.019
FY 21-23 CFDA
Exhibit D
Match
Not Applicable
Exhibit E
Special Reporting Requirements
Exhibit F
Lane County Standard Provisions rev. 01/01/2021
STANDARD COUNTY CONTRACT CONDITIONS
1. CONTRACTOR’S STATUS
1.1 Independent Contractor. The performance of this Contract is at Contractor’s sole risk. The service or services to be rendered under this Contract are those of an independent…
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