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LANE COMMUNITY COLLEGE

Is issuing this Request for Proposals (RFP 23-24-16) for

Classified Staff Classification and Compensation Review

Date of Issue: Jun 11, 2024(2:00) PM

Closing Date and Time: July 12,2024 2:00 PM (local time)

The Lane Community College provides equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

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Table of Contents

1. Invitation Page: 3

2. Instructions to Proposers Page: 4-7

3. Selection Procedure Page: 8

4. Schedule Page: 9

5. Background College Information Page: 10

6. Scope of Work Page: 11-15

7. Specific Work Plans/Phases Page: 16

8. Contract Conditions Page: 17 - 22

9. Proposal Content and Analysis Page: 23 - 25

10. Appendix A- Typical Analysis Sheet Page: 26

11. Appendix B- Proposal Form and General Information Page: 27 - 29

12. Appendix C- Cost Proposal Form Page: 30

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I. INVITATION

1) SUMMARY OF INVITATION

Lane Community College of Eugene, Oregon, hereinafter, "College," invites proposals from a limited number of Human Resources Consulting Services Providers (hereinafter, "Proposer," or "Servicer," or "Company," or "Provider" or "Contractor") to provide a Classification and Compensation Review of the Classified Staff Positions at Lane Community College (hereinafter, the project is referred to as the C & C Review). Interested firms that specialize in the provision of these services are invited to submit proposals to accomplish the Scope of Work defined within this invitation.

Proposals will be evaluated using the rating system shown in Appendix A – “Classified Staff Classification and Compensation Review Analysis Sheet”

Lane Community College, a Community College District created within the context of Oregon Revised

Statutes, is an Equal Opportunity Employer.

SUBMITTAL OF PROPOSAL

Interested individuals or firms may submit responses to this invitation by submitting the requested documentation to https://bidlocker.us/a/lanecc/BidLocker not later than: July 12,2024 5:00 PM (local time)

Delivery is the sole responsibility of the proposer. Proposals not received by the specified time and date will not be considered.

Laura Aung Director, Contract and Procurement Services Lane Community College Building 3, Room 101, 4000 East 30th Avenue Eugene, Oregon 97405 Email: contractprocurement@lanecc.edu

Sharon Daniel Talent Acquisition, Employee Engagement, and Compensation/Benefits Manager Lane Community College Building 3, Room 114 4000 East 30th Avenue Eugene, Oregon 97405 Email: daniels@lanecc.edu

END OF PART I

https://bidlocker.us/a/lanecc/BidLocker mailto:contractprocurement@lanecc.edu mailto:daniels@lanecc.edu

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II. INSTRUCTIONS TO PROPOSERS

1) DEFINITIONS

Hereinafter Lane Community College shall be referred to as “College” or “LCC.” Persons, firms, agencies, partnerships, or companies submitting responses to this invitation shall be referred to as “Proposers,” and the successful Proposer to whom the work is awarded shall be referred to as “Contractor” or “Vendor” or “Supplier.” “Proposal Documents” and “invitation” shall mean this Request for Proposal (RFP) in its entirety.

The Classified Staff Classification and Compensation Review is referred to as the C & C Review.

2) PROPOSERS’ REPRESENTATION

Proposers, by the act of submitting their proposals, represent that:

a) They have read and understand the Proposal Documents and their Proposal is made in accordance therewith;

b) They have familiarized themselves with the local conditions under which the work will be done to their satisfaction;

c) Their Proposal is based upon the requirements described in the Proposal Documents without exception

(unless exceptions are clearly stated in the response).

3) CONDITIONS OF SUBMITTAL

By the act of submitting a response to this invitation, the Proposer certifies that:

a) The Proposer and each person signing on behalf of any Proposer certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no member of the college Board of Education or other college officer, employee, or person, whose salary is payable in whole or in part by Lane Community College, has a direct or indirect financial interest in the proposal, or in the services to which it relates, or in any of the profits thereof other than as fully described in the Proposer's Transmittal Letter submitted in response to this invitation.

b. The Proposer has examined all parts of the Request for Proposal, including all requirements and contract terms and conditions thereof, and, if its Proposal is accepted, the Proposer shall accept the contract documents thereto unless substantive changes are made in the same without the approval of the Proposer.

c. The Proposer, if an individual, is of lawful age; is the only one interested in this proposal; and no person, firm, or corporation, other than that named, has any interest in the proposal, or in the contract proposed to be entered into.

4) INTERPRETATION OR CORRECTION OF PROPOSAL DOCUMENTS

. Proposers shall promptly notify the College of any ambiguity, inconsistency, or error which they may discover upon examination of the Proposal Documents or the site and local conditions.

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b. Proposers requiring clarification or interpretation of the Proposal Documents shall request them from the College’s Director of Contract and Procurement Services at contractprocurement@lanecc.edu (RFP 23-24-16).

c. The College will attempt to provide verbal clarifications where appropriate; however, any interpretations, corrections, or changes of the Proposal Documents shall be made by written, published Addenda. Interpretations, corrections, or changes of the Proposal Documents made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections, and changes.

d. Should any doubt or difference of opinion arise between the College and a Proposer as to the items to be furnished hereunder or the interpretation of the provisions of this solicitation, the decision of the College shall be final and binding upon all parties.

5) REQUESTS FOR ADDITIONAL INFORMATION

Requests for information regarding college services, programs, personnel, or financial systems, or any other information shall be submitted in writing directly to the Director of Contract and Procurement Services at the submittal address on the cover of this invitation. All requests for clarification of any part of this solicitation or for additional information shall be submitted in writing on or before ten (10) working days prior to the proposal submittal date. Answers shall be provided by posting them at https://bidlocker.us/a/lanecc/BidLocker.

6) COMPETITION

Respondents are encouraged to comment, either with their proposals or at any other time, in writing, on any specification or requirement within this RFP that the respondent believes will inordinately limit competition.

7) ADDENDA

a. The addenda shall be posted online at https://bidlocker.us/a/lanecc/BidLocker.

b. No addenda shall be issued later than four days before the date set for receipt of Proposals except an addendum, if necessary, postponing the date for receipt of Proposals, or withdrawing the invitation.

c. Each Proposer shall ascertain, prior to submitting a Proposal, that the Proposer has received all

Addenda issued, and receipt of each Addendum shall be acknowledged in the appropriate location on the Proposal Form.

8) COMPLAINTS AND INEQUITIES

Any complaints or perceived inequities related to this RFP or award of work referenced herein shall be in writing and directed to contractprocurement@lanecc.edu at the proposal submittal address on the cover page of this RFP and shall be received no later than ten (10) calendar days following the RFP issue date.

mailto:contractprocurement@lanecc.edu mailto:contractprocurement@lanecc.edu

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Such submittals will be reviewed upon receipt and will be answered, albeit on a preliminary basis, within five (5) calendar days of receipt by the College.

9) COST OF RFP AND ASSOCIATED RESPONSES

This RFP does not commit the College to pay any costs incurred by any Proposer in the submission or presentation of a proposal, or in making the necessary studies for the preparation thereof. Responses to this solicitation are purely voluntary.

10) RIGHT TO CLARIFICATION AND ADDITIONAL RESEARCH

a. The College reserves the right to obtain clarification of any point in a Proposal or to obtain additional information necessary to properly evaluate a particular Proposal. Failure of a Proposer to respond to such a request for additional information or clarification could result in a finding that the Proposer is non-responsive and consequent rejection of the Proposal.

b. The College may obtain information from any legal source for clarification of any Proposal or for information on any Proposer, including, but not limited to, the Proposer’s clients, police files, insurance files and agencies, credit bureaus, and professional organizations. The College need not inform the Proposer of any intent to perform additional research in this respect or of any information thereby received.

c. The College may perform, at its sole option, investigations of any proposer. Information sought may include, but shall not necessarily be limited to, credit history, recent financial statements, current litigation, bonding capacity and related history, contracting references, etcetera. All such documents, if requested by the College become part of the public records and may be disclosed accordingly. If the College finds that a proposer is unable to demonstrate financial responsibility in accordance with ORS 279B.110 in the sole judgment of the College, then that Proposer’s proposal shall be declared non-responsible, and the subject proposal shall be rejected in accordance with ORS 279B.060. Following such declaration, the next ranked, responsive proposer shall be designated and investigations to ensure that the Proposer’s financial responsibility shall be undertaken.

11) REJECTION OF PROPOSALS

The College reserves the right to reject any or all proposals received as a result of this request. Proposals may be rejected for one or more of the following reasons, including but not limited to:

a. Failure of the Proposer to adhere to one or more of the provisions established in this RFP;

b. Failure of the Proposer to submit a proposal in the format specified herein;

c. Failure of the Proposer to submit a proposal within the time requirements established herein;

d. Failure of the Proposer to adhere to ethical and professional standards before, during, or following the proposal process.

The College may reject any proposal not in compliance with all prescribed public procurement procedures and requirements, and may reject for good cause any or all proposals upon a finding of the College that it is in the public interest to do so.

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12) MODIFICATION OR WITHDRAWAL OF PROPOSAL

a. A Proposal may not be modified, withdrawn, or canceled by the Proposer for 60 (sixty) calendar days following the time and date designated for the receipt of Proposals.

b. Prior to the time and date designated for receipt of Proposals, Proposals submitted early may be modified or withdrawn only by utilizing the appropriate methods at https://bidlocker.us/a/lanecc/BidLocker. Withdrawn Proposals may be resubmitted up to the time designated for the receipt of Proposals provided that they are then fully in conformance with these Instructions to Proposers.

c. Withdrawn Proposals may be resubmitted up to the time designated for their receipt of Proposals provided that they are then fully in conformance with these Instructions to Proposers.

13) PROPOSAL OWNERSHIP

a. All proposals submitted become and remain the property of the College and, as such, are considered public information and subject to public disclosure within the context of the federal Freedom of Information Act and Oregon Revised Statutes.

b. Unless certain pages or specific information are specifically marked "proprietary" and qualify as such within the context of the regulations stated in the preceding paragraph, the College shall make available to any person requesting information through the College's processes for disclosure of public records, any and all information submitted as a result of this solicitation without obtaining permission from any Proposer to do so.

14) PREVAILING OPINION

Should any doubt or difference of opinion arise between the College and a Proposer as to the items to be furnished hereunder or the interpretation of the provisions of this RFP, the decision of the College shall be final and binding upon all parties.

END OF PART II

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II. SELECTION PROCEDURE

The following steps will be taken to analyze and rank the proposals and to finalize an agreement for the provision of consulting services.

a. Written proposals submitted to the College in accordance with this RFP will be evaluated by a review committee consisting of college employees;

b. Interviews of candidate firms will be held at the committee’s discretion and are tentatively scheduled for the time stated in this RFP. Proposers are asked to have appropriate staff available during that time period.

c. Proposers shall be ranked by the review committee based on evaluation of responses and oral interviews, with the first ranked firm being that firm which is deemed to be the most appropriate and fully able to perform the services and the second-ranked firm being the next most appropriate, etc., all in the sole judgment of the review committee.

e. Proposers will be ranked in the format of Appendix A to this RFP. Any firm's response to this RFP shall be considered de facto permission to the College to disclose Appendix A and associated summary, when completed, to selected viewers.

f. The review committee will then submit its ranked list to the President or the President’s designee for approval and award of a contract. If, for any reason, the top-ranked firm is unacceptable, the process will be repeated until a firm acceptable to the College is identified.

g. The College intends to award the contract based on the most attractive offer considering the experience, capabilities, and services to be provided.

END OF PART III

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III. SCHEDULE

END OF PART IV

Event Date & Time

Issue Request for Proposal June 11, 2024

Deadline for emailing requests for scope clarification June 25, 2024

Deadline for Answers to Questions / Requests for Clarification Issued (approx.)

July 2, 2024

Close Request for Proposal (Proposal Due) July 12, 2024

Presentations, Demonstrations, or Interviews (if needed) Week of July 15 -19, 2024 (estimated)

Evolve Ranked List July 25, 2024 (estimated)

Award Recommendation August , 2024 (estimated)

Issue Notice to Proceed for Work August, 2024 (estimated)

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IV. BACKGROUND COLLEGE INFORMATION

1) GENERAL COMMENTS

Lane Community College, is a two-year public college serving students of Lane County, Oregon, and accredited by the Northwest Commission on Colleges and Universities.

Located in the Willamette Valley, between the Cascade Mountains and the Pacific Ocean, Lane Community College educates over 15,000 students annually at six locations across Lane County and online. Students and alumni from all 50 states and 79 countries create more than a $675 million dollar impact on the local economy, helping to support more than 8,900 local jobs. Lane provides affordable, quality, professional technical and college transfer programs; business development and employee training; academic, language and life skills development; and lifelong personal development and enrichment courses.

The college's mission is to be a learning-centered community college that provides affordable, quality, lifelong educational opportunities that include:

Professional technical and lower division college transfer programs Employee skill upgrading, business development, and career enhancement Foundational academic, language, and life skills development Lifelong personal development and enrichment, and Cultural and community services

2) FINANCIAL ENVIRONMENT

The College has recently gone through a comprehensive self‐review and strategic planning effort. The end result of this effort is the implementation of a strategic plan designed to stabilize the College’s fiscal outlook and enhance its market position among Oregon community colleges. The College has experienced some financial difficulties over the past several years which resulted in leaving vacancies unfilled as well the combining of departments and work duties. The College and LCCEF (Lane Community College Employee Federation ) want to ensure that its new classification and compensation system is competitive and affordable.

3) ADDITIONAL INFORMATION

More information can be found at:

https://www.lanecc.edu/collfin/audit/audit-reports https://www.lanecc.edu/hr/human-resources-staff https://www.lanecc.edu/hr/classification

END OF PART IV

https://www.lanecc.edu/collfin/audit/audit-reports https://www.lanecc.edu/hr/human-resources-staff https://www.lanecc.edu/hr/classification

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V. SCOPE OF WORK

1) OVERALL SCOPE

The College’s goal is to provide a total compensation package that facilitates recruitment and retention within an affordable range. A critical step towards reaching this goal is the development of a job classification and compensation system that addresses concerns with internal equity while providing the groundwork for maintaining a level of competitiveness within the relevant labor markets.

Develop a job classification system and compensation plan that reflects the current organizational structure, recognizes changed work practices and technologies, enhances the college’s ability to attract and retain quality staff, is acceptable to the president, the Board of Education, and the classified union, and can be implemented within the culture of the college.

All aspects of the above program shall have the following attributes. The plan and its components shall:

a. Ensure a compensation structure for each position that fairly and objectively reflects its value relative to other positions within the organization.

b. Provide a compensation structure for each position that shall enable the College to attract and retain the talent required to achieve its objectives.

c. Motivate each employee toward the specific achievement of individual position accountabilities through the consistent application of compensation guidelines that recognize the varying degrees of individual performance, the skill and/or background brought to each position, and the position’s compensation level.

d. Provide for compensation administration guidelines that have adequate management controls while reflecting simplicity in design.

e. Be easily explained to the members of the Classified Bargaining Unit.

f. Be in compliance with the Oregon Pay Equity Act.

2) PRIMARY SERVICES TO BE PROVIDED

The following activities shall constitute the primary scope of the work:

a. Goal Setting/Project Planning: Meet with Human Resources, and Lane Community College Employee Federation (LCCEF) representatives to discuss the study objectives, process, and timelines and to review a schedule for the work; at those meetings, dates shall be set for various project review points in the study. Following these consultations and reviews, the consultant shall submit a progress report in the form of a Gantt or similar projection, showing all the phases, their timelines, and their costs.

b. Classification Training/Assessment of Issues to familiarize Classified Staff with job classification concepts related to the development and maintenance of a classification plan. This training shall assist Classified Staff in identifying classification issues and discussing ideas for structuring the classification system.

c. Meet with LCCEF representatives and Human Resources staff to discuss Lane's compensation and philosophy and to identify job classification issues and problems unique to LCC positions, and discuss conceptual ideas for structuring classified positions consistent with College-wide goals and

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d. Collect position descriptions from employees to help identify current job functions employees are performing. The selected consultant will conduct job evaluations, thereby determining the relative worth of jobs internally and within the market. During the initial goal-setting/project-planning stage, the College and the selected consultant will determine the most appropriate job evaluation method, taking into account the College’s goals and available resources.

a. Analyze Job Classifications and make a determination for each, identifying where possible classification and position allocation problems exist.

b. Develop Classification Concepts and new classification specification format based on the results of the foregoing. This report shall define:

(1) proposed classification structuring concepts,

(2) the proposed classification specification format,

(3) proposed changes and/or additions in classifications and their titling, and

(4) preliminary recommendations for the allocation of each current classified position to a classification.

This report may form the basis for recommending specific changes in the classification of positions.

College representatives shall review and critique the consultant’s initial analysis, findings and recommendations. Based on the review with College representatives, changes may be made to the classification concepts.

c. Draft Classification Specifications to reflect current duties, responsibilities and qualifications, consistent with the stated objectives of the new classification plan. These class specification drafts shall be submitted to the Human Resources staff for review and then presented to the Classified Union for comment. If significant changes are required, the revised drafts shall be submitted for a second review and comment.

d. Finalize the Classification Plan and all necessary documentation.

e. Survey Comparable Employers and Survey Benchmark Classes based on comparability of specific duties performed. A list of public sector employers in Oregon will be provided to the Consultant for this portion of the project. Identify competitive benchmarking. The selected consultant will identify existing market data sources with the assistance of the HR/LCCEF committee to determine market references for benchmark jobs.

e. Develop a Compensation Plan Recommendation which is responsive to employee attraction and retention issues, compatible with the compensation philosophy and the new classification plan and addresses structural problems with the current salary schedule. The consultant is also encouraged to recommend nontraditional remuneration techniques and the use of nonmonetary recognition programs to enhance employee performance and satisfaction. The compensation plan recommendations shall be presented, in written form with full documentation, to Human Resources and the classified union. Work sessions with the appropriate study oversight groups shall be held to review the recommendations.

Revisions in the recommendations shall be made based on the discussion with study oversight groups. No additional review of the recommendations is contemplated. The final pay and implementation plans must ensure compliance with the Oregon Equal Pay Act (OEPA).

f. Develop Salary Recommendations for each job classification identified in the classification study. These recommendations shall be based on: (1), the results of the salary survey; (2), an analysis of current

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College salary practices, including the internal salary range relationships; and (3), the balancing of market parity and internal relationship equity.

g. The selected consultant will develop a set of easy-to-understand and easily communicated pay ranges based on job analysis and market reference data. The selected consultant will develop definitional guidelines for salary ranges, including hiring and promotion guidelines. The steering committee and the selected consultant will work together to slot jobs and/or classifications within the appropriate ranges.

h. The selected consultant will make recommendations for guidelines, vehicles, and tools for pay delivery. The selected consultant will design guidelines for progression within job families; outline a transition strategy and develop strategies for maintaining the twin goals of internal equity and market competitiveness over time. The final pay and implementation plans must ensure compliance with the Oregon Equal Pay Act

(OEPA).

i. Together, the selected consultant and HR staff will develop a detailed outline for implementation; develop training and informational vehicles for the ongoing administration of the plan. It is estimated that the selected consultant will participate in one meeting with College leadership to present the final pay plan and “town hall” meetings as needed with employees to communicate the final pay plan.

j. Throughout the process, the selected consultant will assist the College with appropriate employee communications.

3) ESSENTIAL DELIVERABLES

At a minimum, the consultant shall provide

a. A new classification concepts model and class specification format in accord with the values and precepts indicated herein.

b. Classification specifications for each class of work.

c. Documentation of final classification recommendations.

d. Documentation of all market research.

e. Recommendation of enhanced compensation strategies that are compatible with the new compensation and classification plan design.

f. Recommendation of a salary placement for each classification.

g. Training for Human Resources on how to place future positions.

h. Guidelines for conducting a reclassification study.

4) GUIDELINES

The Consultant will consider the following concepts, parameters and suggestions throughout the progress

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a. Employee Benefits: Employee benefits for Classified Staff are negotiated within a working conditions agreement and shall be considered wherever this information can be found as part of this study.

b. Market Area: The market area to be studied for comparability and recruitment must be approved by the College President Board policy directs the President to establish market compensation that does not deviate materially from the professional market for the skills employed and does not become uncompetitive.

c. Plan Function: The new classification plan will be a strategic tool to drive and support both individual and team-based work; self-directed teams, cross-functional training, and task performance, and flatter management structures with more employee decision-making.

d. General Intent: The primary objective of this study is to result in a readily implementable classification and compensation plan with long-term applicability based upon a clear and precise set of working documents that explicitly defines the program for classified employees at the college.

e. Options: It is the desire of the college to permit maximum flexibility in the choice of a plan; that is, traditional plans will be considered as well as nontraditional. If the proposer desires to propose both or even a third alternative which could be the most suitable for College Strategic Plan.

5) SPECIAL TERMS AND CONDITIONS

a. The Consultant will report to the Vice President for Human Resources & Labor Relations and the Talent Acquisition, Employee Engagement, and Benefits & Compensation Manager for all work to be accomplished within the scope of these solicitations.

b. The college intends work to begin on or around September 3, 2024. The duration of the study is dependent upon resources of the successful entity and the staff support needed from the College.

c. All information collected during the project and subsequent recommendations shall be the sole property of the college. Any use of this information or of the report, recommendations, and/or implementation documentation that emerges from the work on this solicitation shall receive prior written approval from the college for other use or dissemination of any kind. This means that no documentation resulting from work on this solicitation shall be disclosed to the public or utilized for any conference presentation or academic paper without the express written consent of the college.

d. The Consultant shall limit research to the areas set out in this proposal. If additional research is necessary, the Consultant shall obtain approval from the Asst. Vice President of Human Resources & Labor Relations or the Talent Acquisition, Employee Engagement, and Benefits & Compensation Manager, to proceed with any additional steps or activities required.

e. Although it is the intent of the college to award the entire project to one firm only, the college reserves the right to develop contracts with more than one Consultant. Any agreement arising out of the RFP shall not be an exclusive agreement. In the event that more than one Consultant is hired to address a specific segment of the project, the Consultants shall confer with each other, share all applicable information, and proceed as a team toward a common goal.

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f. The proposer is encouraged to become familiarized with all the attachments and with the information contained in the Lane Community College Website, http://lanecc.edu. Within that site, the proposer’s attention is specifically directed to the following information:

● Classified Job Class Descriptions (note that the pay level for each job class is listed after the name of the classification)

● Classified Wage Scale

● Classified Bargaining Unit Collective Bargaining Agreement

6) SPECIFIC SURVEY CONSIDERATIONS

As a required component of the C&C Review, Contractor will conduct a survey of the College’s peer group (“comparable institutions”), taking into account the following components of total compensation:

a. Base Salary

b. Health Insurance

c. Prescription Drug Coverage

d. Dental Insurance

e. Vision Insurance

f. Retirement Plan (403(b)

g. Disability (short and long term)

h. Paid Time Off (vacation, sick leave, personal and holidays)

i. Accidental Death & Dismemberment Insurance

j. Life Insurance

k. EAP/Employee Support

l. Moving Expense Reimbursement

m. Tuition Remission/Tuition Exchange

n. Wellness

o. Dependent Care Savings Account

p. Medical Reimbursement Savings Account

The survey should provide a “snap‐shot” comparison of total compensation among representative jobs from a mutually agreed upon set of comparators. The selected consultant will work with HR staff to determine the appropriate peer institutions.

END OF PART V

http://lanecc.edu/ http://lanecc.edu/ https://inside.lanecc.edu/hr/classification https://inside.lanecc.edu/hr/payroll https://drive.google.com/file/d/1yQlrj99yk6_Q3EaJekfhsikog-dLSP-V/view

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VI. SPECIFIC WORK PLANS/PHASES

1) PRIMARY WORK PLAN: OPTIONAL USE

Unless otherwise proposed, it will be assumed that the following work plan will be observed throughout the execution of the project. If the proposer intends to comply with this work plan, all that needs to be included in the proposal is the confirmation that the proposer intends to do so. If the proposer intends to modify or completely replace the following work plan, the alternate plan shall be clearly enumerated in the proposal.

2) PRIMARY WORK PLAN: PHASE 1, PROJECT ORGANIZATION

During this phase of the study the consultant shall meet with College’s Human Resources and representatives of the LCCEF to discuss the study objectives, process and timelines and set dates for various project review points in the study.

3) PRIMARY WORK PLAN: PHASE 2, CLASSIFICATION STUDY

This phase of the study shall result in the identification of classification issues; the analysis of the duties, responsibilities and qualifications of each classification; the development and review of classification plan concepts for potential job families; the modification of existing classification specifications and the drafting of new class specifications to reflect all distinct classifications of work; and an internal college review of the proposed classification plan.

4) PRIMARY WORK PLAN: PHASE 3, COMPENSATION STUDY

This phase of the study shall result in the survey of public salaries in positions comparable to those at LCC;

the compilation and analysis of the survey data, including the integration of internal relationship pay practice objectives; the recommendation of a salary for each classification within the study; and, the recommendation of other compensation strategies which could address employee attraction and retention issues within the current compensation philosophy and which support the new classification plan objectives.

END OF PART V

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VII. CONTRACT CONDITIONS

THIS AGREEMENT is entered into by and between Lane Community College, a public corporation of the State of Oregon, hereinafter called COLLEGE, and the selected firm, hereinafter called CONTRACTOR or CONSULTANT.

WHEREAS, the College has need for the services of a Compensation Consultant with the particular training, ability, knowledge, and experience possessed by the CONTRACTOR, in consideration of the negotiated fees, the CONTRACTOR agrees to provide during the period(s) indicated in the attached documents the CONSULTING SERVICES indicated herein.

In providing these services, it is understood and agreed that all conditions herein shall apply to all services rendered within the context of this invitation and resulting award.

1) CONTRACTOR STATUS

CONTRACTOR is engaged as an independent Contractor and shall be responsible for all Federal and State taxes as applicable to this contract and the payments made therewith.

2) CONTRACTOR EMPLOYMENT

CONTRACTOR will not be performing the subject work under the direct control of the College or any of its personnel.

3) REPORTING OF PAYMENTS

The College shall report the total amount of all payments to the CONTRACTOR including any expenses, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.

4) ELIGIBILITY FOR PUBLIC ASSISTANCE OR SUPPORT

CONTRACTOR shall not be eligible for any Federal Social Security, State Workers’ Compensation, Unemployment Insurance, or Public Employees’ Retirement System benefits from subject contract payments, and CONTRACTOR shall be responsible for the same as a self-employed individual/firm.

5) INDEMNIFICATION

CONTRACTOR agrees that performance under this contract is at Contractor's sole risk and that the Contractor shall carry "errors and omissions" insurance or be self-insured for the purpose of indemnifying the College's Board of Education, agents, officers, and employees, from any and all liability for damages, costs, losses and expenses resulting from, arising out of, or in any way connected with the Contractor's failure to perform fully hereunder.

In the event any such action or claim is brought against College, Contractor shall, upon notice of the expense, promptly satisfy any judgment adverse to College and shall reimburse College for any loss, cost, damage, or

18 | Page Classified Staff Classification and Compensation Review expense (including legal fees) suffered or incurred by College.

6) LEGAL COSTS AND VENUE

In the event of litigation involving the terms and conditions of this contract or the performance hereunder, the prevailing party shall be entitled to recover reasonable attorney fees, costs and expenses from the losing party, including all such fees, costs and expenses of appeal.

State of Oregon law shall prevail throughout the execution of this contract and any performance hereunder.

Any litigation undertaken with respect to the execution of, or performance within the context of, this contract shall take place within the State of Oregon, and State of Oregon Laws shall prevail throughout any such litigation.

All actions relating to this contract shall be tried before the courts of the State of Oregon to the exclusion of all courts which might have jurisdiction apart from this provision. Venue in any action shall lie in the Circuit Court of Lane County, Oregon.

7) RECOVERY OF COSTS IN EVENT OF TERMINATION

In the event of a termination of this contract by the College because of a breach by the Contractor, the College may complete the work by contract with another appropriately qualified firm. The contractor shall be liable to the College for any reasonable costs or losses incurred by the College arising out of or related to the breach. College may withhold payment of monies due Contractor for work performed to the date of termination, and College may offset any amount due Contractor against the costs and losses incurred by College.

8) RECORDS AND INSPECTION OF THE SAME

The contractor shall maintain its records generated within the context of this contract for a period of not less than three full fiscal years following completion of the final review and acceptance of all submittals. Upon reasonable advance notice, the College or its authorized representatives may, from time-to-time, inspect and make appropriate copies of the Contractor's records that relate to this contract.

9) INSURANCE

The Contractor shall maintain in force for the duration of this contract the insurance coverage specified below. Each policy required by these provisions shall be written as a primary policy, not contributing with or in excess of any coverage which the College may carry. A copy of each policy or a certificate satisfactory to the College shall be submitted to the College prior to the commencement of the work each year. Unless otherwise specified, each Certificate of Insurance shall show an insurance carrier licensed to do business in the State of Oregon and shall contain an endorsement entitling the College to not less than 30 days prior written notice of any material change, non-renewal, or cancellation.

The adequacy of all insurance required by these provisions shall be subject to approval by the College.

Failure to maintain any insurance coverage required by this contract shall be cause for immediate termination of this contract by the College.

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10) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE

The Contractor shall maintain a current policy of workers' compensation and employers' liability coverage.

Contractor shall comply with the Oregon Workers' Compensation law (ORS.656) by qualifying as a carrier-insured employer or as a self-insured employer and shall strictly comply with all other applicable provisions of such law. Contractor shall provide College with such further assurances as College may require from time to time that Contractor is in compliance with these workers' compensation coverage requirements and the workers' compensation law.

11) COMPREHENSIVE GENERAL LIABILITY

The Contractor shall maintain a broad form comprehensive general liability and automobile liability insurance policy with coverage of not less than $1,000,000 combined single limit per occurrence, and with an aggregate of $2,000,000 bodily injury, personal injury, and property damage.

12) LIMITATION OF LIABILITY

The College agrees that the Contractor's liability hereunder for damages shall not exceed the charges paid before the error was discovered. The Contractor shall not be liable for consequential damages including, but not limited to, lost revenues and profits.

Neither the Contractor nor the college shall be liable for failure to perform its obligations herein when such failure is clearly the result of acts beyond the Contractor's control; some, but not all, such acts are acts of God or of the public enemy, acts of local, state or federal government in either their sovereign or contractual capacity, fires, floods, civil disobedience, strikes, lock-outs, freight embargoes, inclement weather, errors or defects in the data supplied by the College, etc.

13) SUBCONTRACTING AND ASSIGNMENT

The Contractor shall not assign this contract, in whole or in part, or any right or obligation hereunder, without the College's prior written approval. The Contractor shall not subcontract its Consulting Services work under this contract, in whole or in part, without the College's prior written approval. The Contractor shall require any approved subcontractor or assignee to agree, as pertains to the portion subcontracted or assigned, to comply with all obligations specified in this contract. Notwithstanding the College's approval of a subcontractor or assignee, the Contractor shall remain obligated for the full performance of this contract and the College shall incur no obligation to any subcontractor or assignee.

14) INDEPENDENT CONTRACTOR

Whether the Contractor is a corporation, partnership, other legal entity, or an individual, the Contractor is an independent Contractor. If the Contractor is an individual, the Contractor's duties will be performed with the understanding that the Contractor is a self-employed person and has special expertise as to the services which the Contractor is to perform and that the Contractor is customarily engaged in the independent performance of the same and/or similar services for others. The manner in which the services are performed shall be controlled by the Contractor; however, the nature of the services and the results to be achieved shall be specified by the College. The Contractor is not to be deemed an employee of the College and has no authority to make any binding commitments or obligations on behalf of the College except to the extent

20 | Page Classified Staff Classification and Compensation Review expressly provided herein.

15) NOTICES

Notices in compliance with this contract shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, and return receipt requested, addressed to —:

College: Lane Community College, 4000 E 30th Ave, Eugene OR 97405 and Attention, Purchasing Services;

Contractor: Address given in Response Documents to RFP or such other address as either party may provide by notice given in accordance with this provision.

16) OWNERSHIP OF WORK

All reports and submittals from the Contractor to the College which result from this contract shall be the exclusive property of the College and shall be delivered to the College upon completion of the work or the termination of this contract.

17) PERFORMANCE STANDARDS

All work performed within the context of this agreement shall be in accordance with —:

a) Oregon Revised Statute Chapter 656 (Workers Compensation); and,

b) Oregon Revised Statute Chapters 279A, B and C (Oregon Public Contracting Code); and,

c) Oregon Revised Statute 30.26 through 30.30 (Public Agency Torts); and

d) Oregon Administrative Rules Chapter 125 (Exemptions); and,

e) US Code Title 42 (especially sections 1983, 1985, and 1988); and, Oregon and local laws and regulations; and other Federal, State, and Local laws and regulations as may be applicable to the College, the Contractor, and/or the Contract Documents.

18) AWARD PROCESS

Award of the contract is accomplished by the issue of a Purchase Order incorporating this entire Request for Proposal, the Proposer's response, and any clarifications, addenda, additions, and negotiated secondary contracts that may evolve during the process of invitation, analysis, and selection process. All these documents constitute the "contract documents."

19) CONTRACT MANAGEMENT

By delegation from the Board of Education through the President of the College, the Chief Human Resources Officer is the Contract Manager for all the work described herein. The Point of Contact for all communications and decisions is that individual.

20) PUBLIC RELATIONS AND NEWS RELEASES

The Contractor shall not release news or make any statements to the public, press, or other media relating to

21 | Page Classified Staff Classification and Compensation Review matters pertinent to the activities of the College or of related entities, without prior approval from the College Director of Institutional Advancement.

21) FEES

Except for special projects assigned by the college with a scope clearly outside of the requirements stated herein, the Contractor shall be compensated in accordance with the negotiated fee schedule which shall become part of the Contract Documents.

22) PAYMENT TERMS

Invoices for progress payments may be submitted monthly, and payment will be based on submitted and approved invoices for services rendered with a net 30 days term. No payments shall be made in advance of materials being delivered or services being rendered.

23) CONTRACT ENGAGEMENT TERM AND CONDITIONS THERETO

This contract, unless otherwise interrupted or canceled, shall be valid for the period indicated in the contract documents or completion of the work, whichever is the shorter period, and will be activated by Purchase Order.

The contract engagement term may be canceled or terminated by the delivery of a certified letter from the President of the College or delegate, at his or her sole discretion, giving thirty (30) calendar days' notice of intent to cancel. If such notice is promulgated, the notice will give the reason for termination of the contract.

Valid reasons for contract termination, for example, may be for lack of funds, for unacceptable performance of the Contractor, for lapse of required insurance coverage, for lapse of required registrations, or for any other documentable reason. At the end of the thirty (30) day period, if the notice is not rescinded by certified or registered mail from the President, the contract shall be deemed to have been canceled.

The contract engagement term may be renewed, extended, or otherwise changed by Change Order or Notice to Proceed, whichever is applicable. In every case, the enabling Order or Notice shall incorporate this document in its entirety, by reference, the Contractor's response submitted in answer to the invitation herein, and any other modifying documents such as cumulative change orders, addenda and renegotiated terms and schedules. These documents, in their entirety, shall be known as the contract documents and shall, in their entirety, state and control the activities of the parties to this contract.

Notwithstanding other portions of this agreement, this contract may be terminated if any of the following actions take place:

a) The Contractor is no longer qualified to perform the work;

b) Any suit is filed against the College regarding the Consultant Contract or the contractor's performance, which, in the opinion of a neutral third-party attorney, is significant and substantive and has a reasonable likelihood of success;

c) The Contractor engages in anti-competitive activities such as blocking competition, displays of favoritism, improper patronage, fiscal impropriety or any other activities which, in the sole judgment

22 | Page Classified Staff Classification and Compensation Review of the College, are not in concert with the mission and scope of work stated above;

d) Failure to reach agreement on desired changes, additions, or deletions.

e) This contract may also be terminated for convenience of the College without warning or advance notice. If the contract is terminated for convenience of the College, any monies owing to either party shall be paid within thirty (30) days of contract termination.

24) INTEGRATION AND SEVERABILITY

This contract embodies the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein and those defined as the "contract documents." This contract shall supersede all prior communications, representations, or agreements, either oral or written, between the parties. This contract shall not be amended except in writing, signed by both parties. If any of the provisions herein are determined to be invalid under any local, state, or federal statute, regulation, or rule of law, such provision shall be deemed omitted from this document. Each provision of this agreement is severable, and if any provision is held to be unenforceable or is vacated by mutual agreement of the parties in writing, the remainder of the provisions shall remain unchanged and in effect.

25) LABOR RELATIONS

Contractor shall be solely responsible for its own labor relations with any trade or union and their representatives and shall negotiate and adjust, in good faith, any and all disputes arising out of Contractor's operations with employees and/or unions representing its employees. Contractor shall comply with all federal, state, and local laws, policies, rules, and regulations concerning employment and labor relations.

26) CHANGES IN THE WORK

Changes in the work may be accomplished at any time after the contract has been awarded and before the contract is fully complete, without invalidating the contract. Changes are usually accomplished by written order from the contract administrator to the contractor (although the contractor may request changes at any time).