RFP 21199 Survey Software -FINAL_.pdf

Lane County Health & Human Services

Survey Software

REQUEST FOR PROPOSALS

#21199

May 24, 2022 through August 3, 2022

Renewable through June 30, 2025

Submit Proposals to:

Hillary Moran 151 W. 7th Avenue, Suite 520

Eugene, OR 97401

Or

Hillary.moran@lanecountyor.gov

Deadline:

Wednesday, August 3th at 12:00 p.m. (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……………………………………………………. 9

Program Description…………………………………………………………………………. 9 Funding………………………………………………………………………………………… 10

PART III – CALENDAR OF EVENTS………………………………………………………… 11

PART IV – GENERAL INSTRUCTIONS FOR SUBMISSION OF PROPOSALS………... 12

PART V – PROPOSAL CONTENT…………………………………………………………… 13

Required Documentation……………………………………………………………………. 13 Proposer’s Statements and Certification…………………………………………………. 14,15

PART VI – CRITERIA FOR EVALUATION OF RFP………………………………………... 17,18

PART VII – ATTACHMENTS………………………………………………………………….. 19

Notice Regarding Oregon Corporate Activity Tax ……………………………………... 20 Lane County Sample Contract……………………………………………………………… 21

You are hereby requested to respond to the following Request for Proposals by 12:00 p.m. (PST) on June 21st, 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 provide long term, HIPAA compliant solutions for data collection and survey needs.

The term of the contract arising from this Request for Proposals will be May 6th, 2022 through August 5th, 2022. The contract may be renewed through June 30, 2025 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 Services Coordinator, Hillary Moran, until 12:00 p.m. (PST) on

June 21st. Proposals will be publicly opened immediately following the time proposals are due.

Proposals must be submitted to Hillary.Moran@lanecountyor.gov or to Hillary Moran at 151 W. 7th Ave., Room 520, Eugene, OR 97401.

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 p roposals 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 received 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 representatives from Lane County Health & Human Services. The committee members are Administrative Assistants, Supervisors and Management Analysts from various departments in H&HS.

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 June 28th, 2022. All proposers recommended for funding must pass the 2017-19 Management Qualifications process prior to Lane County issuing a contract for services. (MQ can also be a requirement of RFP)

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 in the County’s best interests as determined by the County. This includes rejecting any proposal not in 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 September 6th, 2022 at 12:00 p.m. (PST).

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

Lane County Health & Human Services is seeking proposals from survey software groups willing to provide licenses, guidance, programming, technical support for survey software to be used in our division for various tasks.

Lane County Health & Human Services encompasses eight divisions:

o Administration o Behavioral Health Services o Clinical Health Services o Community Health Centers o Developmental Disabilities Services o Human Services Division o Public Health o Quality & Compliance

Proposed Scope of Services Sought:

Survey Software Requirements:

• Conditional logic and formatting

• Multi-lingual survey options

• Easy to user interface for building forms and surveys (zero coding)

• Accessibility options for users with different abilities

• HIPPA Compliance, privacy and security o Auditability of users and actions within data

• Robust user management and permissions o Form and data level permissions o Grouping users by roles or workgroups

• Direct connections for Tableau

• Workflow automation tools o Automated notification and confirmation options

• Ability to export data o Download CSV or Excel Files o SQL connections or JSON Hooks desirable

Funding

Cost will be negotiated between the successful proposer and Lane County.

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

May 24th, 2022………………………………………………………… Request for Proposal Released

June 5th, 2022 at 12:00 p.m. (PST)…………………….………… Deadline for Commenting on or Protesting

Specifications Believed to Limit Competition

August 3th, 2022, 12:00 p.m. (PST)……………………………… Proposals Due to Hillary Moran, Hillary.Moran@lanecountyor.gov

August 30th, 2022………………………………….………………….. Notification of Review E-mailed

September 6th, 2022 at 12:00 p.m. (PST)……….……….………… Protests of Recommendations Due

September 15th, 2022…………………………………………………. Contracts Awarded

October 1, 2022 ………………………………………………………. Anticipated Start Date of Services

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

Respondents must include a response to each of the following items, organized in the order given here, not including the Proposer Statements and Certifications form:

1. Please describe in detail how the proposed solution meets HIPAA requirements. Please include details about data transfer, storage, and any additional details as they pertain to HIPAA compliance. Please also identify any affect this has on price and whether licenses can be tiered or managed for staff that need HIPAA

2. Required Forms

a. Completed and signed Proposer Statements and Certifications

b. A copy of the respondent’s service agreement, terms and conditions and Business

Associate Agreement.

3. Please provide background information on system and organization, listing experience with health care related organizations or local governments. Please include how the solution has been deployed and utilized in similar environments and how it overcomes the challenges of large organizations with a wide range of needs?

4. Please describe how the proposed solution meets stated functional requirements such as conditional logic and formatting and multi-lingual survey options. Please specify what languages may be utilized and include necessary details as they pertain to conditional logic and formatting.

5. Describe how users will interface and navigate software when building forms and surveys.

Does software require users write code?

6. Explain accessibility options for users with different abilities (ADA) to utilize your software and complete surveys.

7. What auditability options does your interface offer? How can administrator or super user audit actions within data?

8. Describe user management and permission options of software. Does the software provide different user levels and groups? Permissions levels by projects or folders? Permissions for forms?

9. Please describe how solution interacts with Tableau. How compatible and effective are these two systems in working together?

10. What workflow automation tools does this software offer? Describe automation notification and confirmation options available to users.

11. Explain how users export and archive data from the software system. Download CSV or Excel files? SQL connection options?

12. Explain how data can be exported. Include the availability of JSON hooks or other data connectors or export methods.

13. A detailed cost proposal for the software system. The quotation shall include:

a. Per-user costs annually.

b. Maintenance and support.

c. Any other recurring costs for a period of three years.

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,

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

PART VI – CRITERIA FOR EVALUATION OF REQUEST FOR PROPOSALS

SURVEY SOFTWARE RFP Score Sheet

Agency

Name: Review Date:

Reviewer:

Did the proposal include all required agreements?

x2 0 1 2 3 4 5 6 7 8 9 10

Does the proposed solution include a HIPAA compliant option for Lane County H&HS data collection and software needs?

x1 0

1 2 3 4 5 6 7 8 9 10

Does the proposal include sufficient background information on systems and organization and appear to be capable of meeting Lane County’s various needs?

x2 0 1 2 3 4 5 6 7 8 9 10

Does the proposed solution offer adequate conditional logic and formatting and multi-lingual survey options?

x3 0

1 2 3 4 5 6 7 8 9 10

Is the software interface easy for users to navigate when building forms and surveys?

Des the software require users to write code?

1 2 3 4 5 6 7 8 9 10 X2 0

Are accessibility options for users with different abilities in line with Lane County’s needs to be ADA compliant and offer accommodations as needed?

1 2 3 4 5 6 7 8 9 10

X3 0

Does the software have auditability options? Are the options user friendly for both administrators, super users and average users?

1 2 3 4 5 6 7 8 9 10

X2

Does the software describe user management and permission options? Data levels?

Permissions for forms?

1 2 3 4 5 6 7 8 9 10

X2 0

Is this software compatible with Tableau?

1 2 3 4 5 6 7 8 9 10

X3 0

Are workflow automation tools described clearly? Does this software offer automation and confirmation notifications?

1 2 3 4 5 6 7 8 9 10

X1 0

Is exporting and archiving data from this software system to CSV or Excel files an option? Is SQL an option?

1 2 3 4 5 6 7 8 9 10

Is data easily exported? Are JSON hooks or other data export methods part of the solution?

1 2 3 4 5 6 7 8 9 10

Does the quotation include: per used costs, maintenance and support, recurring costs for a period of three years?

1 2 3 4 5 6 7 8 9 10

X1 0

Is the software solution cost reasonable?

1 2 3 4 5 6 7 8 9 10

Total 0 rev. 01/01/2021

PART VII- ATTACHMENTS

Notice Regarding Oregon Corporate Activity Tax Lane County Standard Contract Provisions

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.

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 contractor that is not an officer, employee or agent of the County as those terms are used in ORS 30.265. Notwithstanding the Oregon Tort Claims Act or the provisions of any other contract, Contractor is acting as and assumes liability of an independent contractor as to any claims between County and Contractor. Contractor is solely liable for any workers' compensation coverage; social security, unemployment insurance or retirement payments; and federal or state taxes due as a result of payments under this Contract, whether due on account of Contractor or Contractor’s subcontractor, if any.

1.2 Contractor Not Employee. Contractor is not currently employed by County and will not be under County's direct control, and will not be eligible for any Federal Social Security, State Workers' Compensation, unemployment insurance or Public http://www.oregon.gov/dor mailto:cat.help.dor@oregon.gov.

Employees Retirement System benefits from this Contract.

2. INSURANCE AND INDEMNIFICATION

2.1 Contractor's Required Insurance. Contractor must provide and maintain all insurance called for in Exhibit H ‐ "Insurance

Coverages Required" and must notify Lane County of any material reduction or exhaustion of aggregate limits. Contractor may not commence any work until Contractor furnishes evidence of all required insurance specified by the County, and has obtained the County's approval as to limits, form, and amount. Commercial General Liability and Auto Liability coverage must include an Additional Insured Endorsement that includes completed operations, and which is primary and non‐ contributory with any other insurance and self‐insurance.

2.2 Contractor to Maintain Insurance. Contractor may not cancel, materially change, or not renew insurance coverages. If any policy is canceled before final payment by County to Contractor, Contractor must immediately procure other insurance meeting the requirements. Any insurance bearing on adequacy of performance must be maintained after completion of the Contract for the full guarantee period. If Contractor fails to maintain any required insurance, County reserves the right to procure such insurance and to charge the cost to Contractor.

2.3 Workers' Compensation. Contractor, its subcontractors, and all employers working under this Contract are subject employers under Oregon Workers' Compensation Law, and must comply with ORS 656.017 and provide Workers' Compensation coverage for all their subject workers unless exempt under ORS 656.126.

2.4 No Limitation. Nothing contained in these insurance requirements limits the extent of Contractor’s responsibility for payment of damages resulting from Contractor’s operation under this Contract.

2.5 Contractor's Indemnification. To the fullest extent permitted by law, and to the extent otherwise provided for in private contracts of insurance, Contractor shall indemnify, defend, and hold harmless the County and its officers, agents, employees, and volunteers from all damages, losses and expenses, including but not limited to attorney fees and costs related to litigation, and to defend all claims, proceedings, lawsuits, and judgments arising out of or resulting from Contractor's performance of or failure to perform under this Contract. The provisions of the foregoing notwithstanding, Contractor will not be required to indemnify County for any liability arising solely out of wrongful acts of County's own officers, agents, or employees.

2.5.1 If the Work of this Contract includes work product or any tangible or intangible items delivered to County under the Contract that may be the subject of protection under any state or federal intellectual property law or doctrine, this indemnification shall extend to any claim that the County's use thereof infringes any patent, copyright, trade secret, trade mark, or other proprietary right of any third party.

3. CONTRACTOR'S OBLIGATIONS

3.1 Except as provided in the bidding or procurement documents, Contractor must meet the highest standards prevalent in the industry or business most closely involved in providing the goods or services required by this Contract.

3.2 Contractor must make all provisions of the Contract applicable to any subcontractor performing work under the contract.

3.3 Contractor agrees that County will not be responsible for any losses or unanticipated costs suffered by Contractor as a result of the contractor's failure to obtain full information in advance in regard to all conditions pertaining to the work.

3.4 Contractor certifies that Contractor has all necessary licenses, permits, or certificates of registration necessary to perform the Contract and further certifies that all subcontractors will likewise have all necessary licenses, permits or certificates before performing any work. The failure of Contractor to have or maintain such licenses, permits, or certificates is grounds for rejection of a bid or immediate termination of the Contract.

3.5 Contractor may not permit any lien or claim to be filed or prosecuted against the County on account of any labor or material furnished, shall assume responsibility for satisfaction of any lien so filed or prosecuted and shall defend against, indemnify and hold the County harmless from any such lien or claim.

3.6 Unless otherwise provided by the Contract or law, Contractor agrees that County and its duly authorized representatives may have access to the books, documents, papers, and records of Contractor which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts, copies and transcripts. Contractor shall retain and keep accessible such books, documents, papers, and records for a minimum of 6 years after County makes final payment on the Contract. Copies of applicable records must be made available upon request, and payment of copy costs is reimbursable by County.

3.7 Contractor must, in the course of carrying out Contractor's Work, comply at all times with the then‐current "Mandatory County Policies for Vendors" published on County's Procurement and Purchasing webpage at:

www.lanecountyor.gov/bids.

3.8 Contractor must report to Lane County, either verbally or in writing, if they have reason to believe that a principal, employee, agent, subcontractor, vendor, program applicant and/or program participant may have committed fraud, misrepresentation, falsifying data system input; made a false claim or committed a prohibited act under the Oregon False Claims Act; has committed an ethical violation; has committed criminal or civil violation of laws pertaining to bribery, gratuity, conflict of interest; or has committed other acts of misrepresentation or conspiracy to engage in misrepresentation in connection with this Contract or any moneys paid under this Contract.

Such reporting may be made through one of the following mechanisms:

• Lane County Fraud, Waste, and Abuse Toll‐Free Telephone Hotline o English Speaking 844‐290‐0008 o Spanish Speaking 800‐216‐1288

• Lane County Fraud, Waste, and Abuse Website o www.lighthouse‐services.com/lanecounty

• Lane County Fraud, Waste, and Abuse Email o reports@lighthouse‐services.com

• Lisa Nichols, Quality & Compliance Manager o Lisa.Nichols@lanecountyor.gov

Contractor will make available the above listed reporting information to all employees, agents, and subcontractors in connection with this Contract. Reporting will not result in retaliation or retribution. The information reported may be the basis of an internal and/or external investigation and will be protected to the extent possible by law. Contractor has the option of remaining anonymous though, by doing so, Lane County’s ability to conduct an investigation may be limited.

4. CONTRACTOR’S OBLIGATIONS REQUIRED BY LAW

4.1 Contractor must promptly make payments for labor and material, and pay all contributions due to the Industrial Accident

Fund, in accordance with ORS 279B.220 or ORS 279C.505, as applicable.

4.2 Contractor must promptly make payments for any costs described in ORS 279B.230 and 279C.530, as applicable.

4.3 Contractor must comply with requirements related to employed persons’ hours of work and payment for overtime work, in accordance with ORS 279B.235, 279C.520, and 279C.540, as applicable.

4.4 If Contractor is a nonresident bidder and the Contract price exceeds $10,000, Contractor must promptly report to the

Department of Revenue on forms provided by that Department the total contract price, terms of payment, length of contract and such other information as the Department may require before the County will make final payment on the contract, in accordance with ORS 279A.120.

4.5 Contractor and any subcontractor must pay to the Department of Revenue all sums withheld from employees, in accordance with ORS 316.167.

4.6 Contractor acknowledges that, pursuant to ORS 210.190, no payment may be made by County on account of this Contract if Contractor is indebted to Lane County in any manner, except for taxes not delinquent. Contractor expressly grants County the right to deduct from any payments due on this Contract the amount necessary to satisfy such indebtedness until any such debt has been satisfied.

4.7 Equal Employment Opportunity. During the performance of this Contract, Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor will comply with all applicable requirements of 29 CFR Part 471, Appendix A to Subpart A (copy available at: www.dol.gov/olms/regs/compliance/EO13496.htm), and will include the terms of these requirements in all subcontracts entered into under this Contract.

4.8 Americans with Disabilities Act Compliance. During the performance of this Contract, Contractor will comply with all applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq. and Section 504 of the Rehabilitation Act of 1973.

4.9 Compliance with Law. In connection with its activities under this Agreement, Contractor must comply with all applicable federal, state, and local laws.

5. MODIFICATION AND TERMINATION

http://www.lanecountyor.gov/bids mailto:Lisa.Nichols@lanecountyor.gov http://www.dol.gov/olms/regs/compliance/EO13496.htm)

5.1 Modification. No modification or amendment to this Contract will bind either party unless in writing and signed by both parties. In lieu of termination pursuant to subsection 5.2.4 below, County may propose modifications to the Contract sufficient to allow County to perform its obligations.

5.2 Termination:

5.2.1 County certifies that it has sufficient funds currently authorized for expenditure to finance the costs of this Contract for the period within the current budget. However, Contractor understands and agrees that: (1) if County fails to appropriate funds for any successive budget year, the Contract will terminate at the end of the last fiscal year for which payments have been appropriated, and (2) if County’s funding, appropriations, or expenditure authority are reduced to a level insufficient, in County’s reasonable administrative discretion, to perform its obligations under this Contract, County may terminate this Contract immediately upon notice to Contractor.

5.2.2 Upon termination pursuant to this subsection, County will have no further obligation to Contractor except for payments for amounts earned prior to the termination date.

5.3 Remedies and Default. County may exercise any of the following remedies for Contractor's failure to perform the scope of work or failure to meet established performance standards: reduce or withhold payment; require Contractor to perform, at Contractor's expense, additional work necessary to perform the identified scope of work or meet the established performance standards; or declare a default, terminating the Contract and seeking damages and other relief available under the terms of the Contract or applicable law.

5.4 Force Majeure. Neither County nor Contractor will be held responsible for delay or default due to Force Majeure acts, events or occurrences, including but not limited to fires, riots, wars, and epidemics, unless such delay or default could have been avoided by the exercise of reasonable care, prudence, foresight, and diligence by that party. If delays or nonperformance are caused by a subcontractor of Contractor, Contractor will be liable for such supplies or services if the supplies or services were obtainable from other sources in sufficient time to permit Contractor to meet the required schedule. County may terminate this Contract upon written notice after determining that a delay or default caused by Force Majeure acts, events, or occurrences will reasonably prevent successful performance of the Contract.

6. DISPUTES

6.1 Dispute Resolution. The parties are required to exert every effort to cooperatively resolve any disagreements that may arise under this Contract. This may be done at any management level, including at a level higher than the persons directly responsible for administration of the Contract. In the event that the parties alone are unable to resolve any conflict under this Contract, they are encouraged to resolve their differences through mediation or other cooperative dispute resolution process.

6.2 Attorney Fees, Law, and Forum. In the event an action, suit of proceeding, including appeals, is brought for failure to observe any of the terms of this Contract, each party shall be responsible for that party's own attorney fees, expenses, costs and disbursements for the action, suit, proceeding or appeal. All matters in dispute between the parties to this contract arising from or relating to the Contract, including without limitation alleged tort or violation, are governed by, construed, and enforced in accordance with the laws of the State of Oregon without regard to principles of conflict of laws.

This section does not constitute a waiver by County of any form of defense or immunity, whether governmental immunity or otherwise, from any claim or from the jurisdiction of any court. All disputes and litigation arising out of this Contract will be decided by the state or federal courts of Oregon. Venue for all disputes and litigation will be in Lane County, Oregon.

7. MISCELLANEOUS PROVISIONS

7.1 Compliance with Public Records Law. The parties acknowledge that this Contract and all records held by County are public records and subject to public disclosure unless a statutory exemption applies, and agrees that County shall have no liability for the disclosure of any confidential information in response to a public records request where such disclosure is required by court or district attorney order, or by County’s good faith interpretation of its statutory requirements.

7.2 Merger. This Contract contains the entire agreement of County and Contractor with respect to the subject matter of this Contract, and supersedes all prior negotiations, agreements and understandings.

7.3 Waiver. Failure of County to enforce any provision of this Contract does not constitute a waiver or relinquishment by County of the right to such performance in the future nor of the right to enforce that or any other provision of this Contract.

7.4 Severability. If any provision of this Contract is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions are not affected; and the rights and obligations of the parties are to be construed and enforced as if the Contract did not contain the particular provision held to be invalid.

7.5 Survival. The provisions of this Contract with respect to governing law, indemnity, insurance for completed products and operations, warranties, guarantees and, if included in the Contract, attorney fee provisions and limitations, will survive termination or completion of the Contract.

7.6 Time is of the Essence. The parties agree that time is of the essence with respect to all provisions of this Contract.

7.7 Non‐Assignment. Contractor may not assign or transfer its interest in this Contract without prior written approval of

County.

7.8 Binding on Successors and Assigns. The provisions of this Contract are binding upon and inure to the benefit of the parties to this Contract, their respective successors, and permitted assigns.

7.9 No Third‐Party Beneficiaries. County and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives or may be construed to give or provide any benefit or right to third persons, either directly or indirectly, that is greater than the rights and benefits enjoyed by the general public, unless that party is identified by name in this Contract.

7.10 Headings. The headings and captions in this Contract are for reference and identification purposes only and may not be used to construe the meaning or to interpret the Contract.