RFP for Alcoholic Beverage Services.pdf

RFP template – electronic proposals, rev. 01/01/2021

LANE COUNTY, OREGON

Public Works

Lane Events Center & Lane County Fair

REQUEST FOR PROPOSALS

(FOR ELECTRONIC SUBMISSION)

Alcoholic Beverage Services

Contract FY22/23

PROPOSALS DUE:

5:00 pm local time Monday, April 18, 2022

RFP template – electronic proposals, rev. 01/01/2021 1

CONTENTS

HEADING PAGE NUMBER

REQUEST FOR PROPOSALS 2

1. INVITATION TO SUBMIT PROPOSALS 2

2. PREPARATION AND SUBMISSION OF PROPOSALS 2

3. CLARIFICATION OR PROTESTS OF SOLICITATION DOCUMENTS 3

4. OPENING OF PROPOSALS 4

5. PROPOSAL EVALUATION AND AWARD 4

ATTACHMENT A – SCOPE OF SERVICES REQUIRED 6

ATTACHMENT B – REQUIRED ELEMENTS FOR PROPOSALS 7

ATTACHMENT C – PROPOSER STATEMENTS AND CERTIFICATIONS 8

ATTACHMENT D – SELECTION PROCEDURE AND SCORING 9

ATTACHMENT E – SAMPLE CONTRACT DOCUMENTS 11

RFP template – electronic proposals, rev. 01/01/2021 2

REQUEST FOR PROPOSALS

1. INVITATION TO SUBMIT PROPOSALS

Lane County will receive proposals for the Request for Proposals (RFP) for:

Alcoholic Beverage Services

Until:

5:00pm, local time, Monday, April, 18, 2022

Submitted to:

Corey Buller corey@laneeventscenter.org

Briefly, the purpose of this RFP is to solicit offers from potential vendors who are interested in providing alcoholic beverage services at the Lane Events Center (LEC) for Lane County. The contract will be for a period from September 1, 2022 through August 31, 2023. The contract may be extended for two additional one-year periods, at the sole option of the County.

Proposals properly submitted and received will be opened immediately following the time proposals are due, and a list of the names of persons submitting proposals will be promptly sent to all such proposers, along with such other information as the public officer considers appropriate at the time.

To be considered, proposals must be submitted electronically in accordance with all the following instructions:

1. Proposals must be submitted as an attachment to an email, submitted to the email address stated above,

2. The subject line of the email must clearly identify the submission as a response to this specific RFP,

3. Unless otherwise stated in the Proposal Requirements, proposal documents may be submitted in PDF format only, and

4. Proposals must not include .zip files, and cannot be more than 30 megabytes in size.

Interested parties may download a complete set of RFP documents from the Lane County Procurement & Purchasing webpage at: www.lanecounty.org/bids.

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 such addendum will be posted and may be downloaded from the Procurement & Purchasing webpage in the same location as the RFP posting. 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 proposals received and will become part of any resulting contract.

The County may reject any proposal not in compliance with all prescribed proposal 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.

2. PREPARATION AND SUBMISSION OF PROPOSALS

2.1 Proposal Preparation. Proposers are responsible to read and understand all portion of the solicitation documents, including attachments and addenda, if any, and to include all requirements in their proposals.

To be responsive, proposals must be made in writing, and address the background, information, questions, criteria, and 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 Invitation to Submit Proposals.

2.2 Proposals Subject to Oregon Public Records Law. 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 http://www.lanecounty.org/bids

RFP template – electronic proposals, rev. 01/01/2021 3 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 bidder 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.

2.3 Proposal Submission. Proposals must be received by the time and date stated for receipt in the Invitation to Submit Proposals. To be considered, proposals must be submitted in the form and manner stated in the Invitation for Proposals, complete with a Proposer’s Statements & Certifications 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.

2.4 Correction, Withdrawal, and Late Submissions. A proposer may withdraw its proposal at any time prior to the deadline set for receipt of proposals, by email to the person identified for receipt of proposals, and may submit a new sealed proposal in the manner stated in the Invitation to Submit Proposals. 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 the public officer, other than to address minor informalities, unless the proposal is withdrawn and resubmitted as described above.

3. CLARIFICATION OR PROTESTS OF SOLICITATION DOCUMENTS

3.1 Clarifications. If a proposer finds discrepancies or omissions in the RFP documents, or is in doubt as to their meaning, the proposer must immediately notify the public officer designated for receipt of proposals or other person identified for submission of questions.

If the public officer believes a clarification is necessary, an addendum will be issued in writing not less than 48 hours prior to the deadline for receipt of proposals, and available on the County's Procurement & Purchasing webpage listed above. The addendum may postpone the date for submission of proposals.

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.

3.2 Protest of Solicitation Documents. 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 the public officer identified for receipt of proposals in the Invitation to Submit Proposals not less than 10 days prior to the deadline for submission of proposals.

Lane County will consider the protest if the protest is timely filed and contains all the following items:

• Sufficient information to identify the solicitation that is the subject of the protest;

• 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;

• Evidence or supporting documentation that supports the grounds on which the protest is based; and

• The protest must state the changes to the procurement process or the solicitation document that the prospective proposer believes will remedy the conditions upon which the protest is based.

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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 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.

4. OPENING OF PROPOSALS

4.1 Proposals Held Until Time for Opening. The County will not examine any proposal prior to opening. The public officer designated for receipt of proposals may, as time allows, verify that the response document(s) attached to a submission was received intact, and may, but is not required to, notify a proposer that an emailed submission was received in a defective form.

4.2 Late Submissions. Any proposal or modification received after the designated deadline will not be opened or considered.

4.3 Inspection of Proposals Submitted. The proposals submitted will be open to public inspection after the issuance of notice of intent to award, with the exception of any information covered by an exemption to disclosure.

5. PROPOSAL EVALUATION AND AWARD

5.1 Responsiveness. Proposals will be reviewed by the public officer for responsiveness to the minimum requirements established by the RFP, which include at a minimum, but are not limited to:

• Submission of a completed Proposer Statements & Certifications Form in the form included as

Attachment C.

• Compliance with proposal procedures, public contracting laws, and the requirements of the Lane

Manual.

• Application 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).

5.2 Proposal Evaluation. The County will make the contract award based on the responsiveness of the actual proposals received to the requirements established in Attachments A and B, considering 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.

Each proposal will be evaluated by the evaluation committee on the basis of the process and scoring established in Attachment D. Based upon evaluation of the submitted proposals, the evaluation committee may choose to conduct interviews with two or more proposers with the highest-scored proposals. Interviews may include a presentation by the proposer and questions regarding the proposal and services to be provided. Specific criteria for selection interviews, if any, will be distributed at the time interviews are scheduled.

In evaluating the proposals and selecting a contractor, Lane County reserves the rights to:

• Reject any and all proposals,

• Issue subsequent Requests for Proposals for the same or similar goods or services,

• Not award a contract for the requested services,

• Waive any irregularities or informalities,

• Accept the proposal which the County deems to be the most beneficial to the public and Lane County,

• Negotiate with any proposer to further amend, modify, redefine or delineate its proposal,

• Negotiate and accept, without re-advertising, the proposal of the next-highest scored proposer, in the event that a contract cannot be successfully negotiated with the selected proposer, which may occur prior to the time a final recommendation for award is made for executive approval, and

RFP template – electronic proposals, rev. 01/01/2021 5

• Further question any proposer to substantiate claims of experience, background knowledge, and ability.

5.3 Mistakes in Proposals. Minor informalities may be waived. 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.

5.4 Notice of Award. The County will provide written notice of its intent to award to a given proposer or proposers at least 7 days before the award, unless the County determines that a shorter notice period is more practicable. Unless otherwise stated in the RFP documents, the Notice of Intent to Award will be given by posting the notice on the Procurement & Purchasing webpage in the same location as the RFP posting.

5.5 Protest of Intent to Award. Any proposer that submitted a proposal for the RFP and is is not recommended for award may protest the County’s recommendation for award. To be considered, the protesting proposer must be eligible to be awarded the contract in the event that the protest is successful. Determination on protests will be made by the decision maker, either the Board or the County Administrator, depending upon which has authority to execute the contract under County rules. To be considered, a protest must be submitted in writing and received within 7 calendar days after the Notice of Intent to Award is posted, and must contain the grounds for the protest in accordance with Lane Manual Chapter 20.730.

5.6 Rejection of Proposals. If all proposals are rejected, new proposals may be called for in a new solicitation, or the proposals received may be considered with an opportunity for supplemental submission from those proposers that submitted proposals, if the County finds that it is unlikely that re-advertising would lead to greater competition. The public officer is delegated the authority to reject all proposals, prepare findings of best interests, and provide written notice of rejection of all proposals.

RFP template – electronic proposals, rev. 01/01/2021 6

ATTACHMENT A – SCOPE OF SERVICES REQUIRED

LEC is seeking an exclusive provider of the alcohol concessions at the Lane Events Center and Lane County Fair. The vendor must provide the OLCC license for the facility as well as all their own equipment and tents, follow all local, state and federal laws and licenses, set up and tear down of their equipment at all events, maintain and provide their own POS system, meet insurance requirements, signage, alcohol monitors, and work with LEC staff to build sponsorships for the different events held at the Fairgrounds.

In addition, the vendor will work with LEC staff and event promoters to safely and responsibly provide alcohol service at all events including the annual Fair. Vendor will also work with staff to market services the vendor can provide in attempts to attract new and different business to the facility. Vendor will provide their own marketing materials and supplies to do so.

RFP template – electronic proposals, rev. 01/01/2021 7

ATTACHMENT B – REQUIRED ELEMENTS OF PROPOSALS

A tour of the facility may be made by appointment only. Please call 541.682.7304 if you are interested in receiving a tour of the facilities prior to submission of a proposal.

1. PROPOSAL DOCUMENTS AND FORMAT.

1.1 Documents to be Submitted. The proposal submitted must include all the following:

• Responses to each of the required items stated under 1.2 below,

• A completed and executed Proposer Statements and Certifications form, and

• A statement of any exceptions taken to the requirements of this RFP.

1.2 Format Requirements. The proposal submitted must be in compliance with the following rules:

• Be in the order and numbering requested,

• Be submitted in the form and within the limitations stated in the Invitation to Submit Proposals,

• Contain primary text and headings in not less than 10 point type (with smaller text acceptable in notes, graphs, requested tables, and images), and

• Be limited to 15 pages, nominal 8.5" x 11" size. Pages used for a cover letter (which may not exceed two pages), section dividers, resumes, and exceptions are not included in the page limit.

2. REQUIRED RESPONSE CRITERIA. The proposal must address each of the following:

2.1 Financial Proposal

Please provide your proposed commission percentage broken down in the following format:

Percent of Gross Receipts, Less Gratuity

0 - $10,000 (min. 35%) ___________%

$10,001 - $20,000 (min. 38%) ___________%

$20,001 - $30,000 (min. 41%) ___________%

Over $30,000 (min. 44%) ___________%

2.2 Service Capability

Please provide a summary of your ability to service events at a facility such as the LEC including staffing methodology and levels.

2.3 Industry Experience

Please provide a brief summary of industry experience for your key and core staff including details such as, but not limited to, current and previous experience, years in the industry and work at facilities similar to the LEC.

2.4 Financial Stability

Please provide a summary of financial stability including your ability to function in strong and weak economic times.

2.5 Client Support

Please provide a description of how your team will provide support to our facility clients and the Fair

RFP template – electronic proposals, rev. 01/01/2021 8 providing service that will us all bring our event visions to life.

2.6 Marketing

Please provide examples of marketing and advertising ideas that you would implement with the LEC staff to increase services requested by our clients as well as to entice new clients to bring their events to the LEC.

2.7 References

Please provide three to five references including at least two current clients and facilities such as the

LEC.

RFP template – electronic proposals, rev. 01/01/2021 9

ATTACHMENT C - RESPONDENT STATEMENTS AND CERTIFICATIONS

(CONTRACT FORM D-2, 2020 EDITION)

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.

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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

RFP template – electronic proposals, rev. 01/01/2021 11

ATTACHMENT D – SELECTION PROCEDURE AND SCORING

1. SELECTION COMMITTEE. The Selection Committee will be comprised of:

Corey Buller, Division Manager Rachel Bivens, Marketing Manager Charlie Conrad, Operations Supervisor Emily Zajac, Marketing & Sales Specialist

2. EVALUATION PROCESS. The selection process for this RFP will include the procedures checked here:

Will include evaluation and scoring of initial proposal May Will Not (check one) include interviews of top-scored proposers May Will Not (check one) include a requirement for additional questions and responses from top-scored proposers May Will Not (check one) include competitive negotiations with top-scored proposers

Notwithstanding the selection procedures identified above, the County reserves the right to terminate the evaluation process after completion of any procedural stage when, in the County's sole opinion, further evaluation procedures are not required for the County to identify the proposer whose offer will best suit the interests of the County.

3. PROPOSAL SCORING. The County will score proposals according to the following criteria:

Criterion Points

1. Financial Proposal 60

2. Services Capability 60

3. Industry Experience 25

4. Financial Stability 20

5. Client Support 25

6. Marketing 10

Total Possible Points 200

4. SHORTLIST DETERMINATION. If the County is unable to make a determination of the best proposal based upon the proposal scoring, the County may invite up to three proposers to proceed to a further stage of evaluation as identified in A.2 above. If further stage is required, the proposal score Will Will Not (check one) be added to the proposal score. If not added to the proposal score, the score of this next stage may be used as the sole scoring method for selecting the proposer.

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5. INTERVIEW SCORING (if used). The County will score interviews according to the following criteria. Each proposer’s interview score will be added to the proposer’s RFP score to produce a final score.

Criterion Points

1. Enhancement and Promotion of Services at LEC 40

2. Interest in Long Term Partnership 30

3. Flexibility 30

Total Possible Points 100

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ATTACHMENT E – SAMPLE CONTRACT AND INSURANCE REQUIRED

1. CONTRACT FORM. The contract resulting from this RFP will be prepared using the standard Lane County contract form checked here. The County’s standard contract forms may be downloaded from the Lane County Procurement & Purchasing webpage at: www.lanecounty.org/bids.

A-1 Revenue Contract for Goods and/or Services Contract form A-3 Professional (non-design) Services Contract form Other contract form included with this RFP

2. INSURANCE REQUIREMENTS. The insurance requirements for the contract resulting from this RFP will be as stated on the following page, "INSURANCE COVERAGES REQUIRED".

3. PROPOSER COMMENTS ON CONTRACT FORM AND INSURANCE REQUIREMENTS.

Any proposer may take exception to conditions in the County’s contract form and insurance requirements by including such exceptions and any proposed changes with the proposal submitted.

The County will consider any proposed changes, inclusions, or exclusions in determining proposal responsiveness or in scoring the proposal.

http://www.lanecounty.org/bids

This document is an attachment to and part of your contract with Lane County.

Rev. RM 8/21/18 Lane County Risk Management / LCRISKMG@co.lane.or.us

INSURANCE COVERAGES REQUIRED

Contractor shall not commence any work until Contractor obtains, at Contractor's own expense, all required insurance as specified below. Such insurance must have the approval of Lane County as to limits, form and amount. The types of insurance Contractor is required to obtain or maintain for the full period of the contract will be:

☐ COMMERCIAL GENERAL LIABILITY WITH ADDITIONAL INSURED ENDORSEMENT shall include:

Policy must include: MINIMUM POLICY LIMITS

• Commercial General Liability

• Damage to Rented Property ($50,000)

• Medical Expenses ($5,000)

• Personal and Advertising (Same as per occurrence)

• Products/Completed Operations (Same as per occurrence)

☐ $2 million per occurrence*/$4 million aggregate* ☐ $ occurrence / aggregate (Amount pre-approved by

Risk Management or required by contract) ☐ Amount required by funding source

Aggregate limits: ☐Per Policy (most contracts) ☐Per Project (construction contracts) *Umbrella or Excess coverage to increase the policy limits to the required amount is acceptable

All policies must be of the occurrence form with combined single limit for bodily injury and property damage. Any deviation from this must be reviewed by Risk Management. All claims-made forms must be approved by Risk Management in advance and provide tail/continuous coverage for 24 months from the end of the project.

ADDITIONAL INSURED ENDORSEMENT for general liability insurance coverage is required for performance of this contract.

Unless otherwise specified below, blanket additional insured is acceptable and is considered a written contract requirement on any insurance policies required herein with respect to Provider's activities being performed under the Contract. The contract MUST include language that the additional insured endorsement is required, and proof of blanket coverage from your policy must be provided either by a copy of your policy or by separate blanket endorsement.

When this box is checked, the Additional Insured Endorsement for this contract MUST be by scheduled (or named) endorsement only, and must read: “ Lane County, its officers, agents, employees and volunteers are named as additional insureds” with respect to Provider's activities being performed under the Contract. The additional insureds must be named as an additional insured by separate endorsement, the policy must be endorsed to show cancellation notices to the Lane County department who originated the contract, and the Endorsement must be attached to the COI.

☐ AUTOMOBILE LIABILITY WITH ADDITIONAL INSURED ENDORSEMENT: Insurance with limits as specified below. The coverage shall include owned, hired and non-owned automobiles and include Lane County and its divisions, its commissioners, officers, agent, and employees as additional designated insureds (CA 20 48 02 99 or equivalent). *Umbrella or Excess coverage to increase the policy limits to the required amount is acceptable.

LIMITS* ☐ $2 million combined single limit per accident for bodily injury and property damage ☐ Amount pre-approved by Risk Management and required by contract: $ ☐ Amount required by funding source: $

☐ WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY as statutorily required for persons performing work under this contract. Any subcontractor hired by Contractor shall also carry Workers' Compensation and Employers' Liability coverage. Sole proprietors not subject to Workers’ Compensation coverage must complete, execute, and submit the Workers’ Compensation Coverage Exemption Statement.

EMPLOYER'S LIABILITY ☐ Statutory amount (currently $500,000 in Oregon, other states may vary)

☐ Other: minimum of $1,000,000 when not regulated by statute ☐ OTHER: ☐ CYBER coverage in the amount of $2,000,000

☐ PROFESSIONAL LIABILITY coverage: limits not less than $ ($1,000,000/occurrence minimum when required). Policy must provide tail/continuous coverage for 24 months from the end of the project.

☐ POLLUTION LIABILITY coverage: limits not less than $ ($1,000,000/occurrence minimum when required).

Coverage must be continuous for 24 months from the end of the project and shall include completed operations.

: limits not less than $ ($1,000,000/occurrence minimum unless indicated) : limits not less than $ ($1,000,000/occurrence minimum unless indicated)

☐ CERTIFICATE HOLDER: Lane County, its officers, agents, employees and volunteers, c/o

☐ LANE COUNTY REQUIRES THE COVERAGE TYPES AND AMOUNTS SHOWN ABOVE OR POLICY LIMITS, WHICHEVER IS GREATER. The policy limits specified above are minimum requirements; Lane County reserves the right to claim up to the policy limits. All coverages are Primary and Non-Contributory with any other insurance and self-insurance. Acceptance of a COI providing less than required coverages does not relieve contractor of the insurance requirements set out above or in the contract.

The contractor must notify the County if non-County claims have infringed or impacted the policy. Contractor is required to notify Lane County of any changes to or cancellation of coverage(s) within 24 hours. Contractor is required to provide a copy of the policy to Lane County upon demand.

☐ DIRECT ALL INSURANCE RELATED DOCUMENTS FOR YOUR CONTRACT TO YOUR CONTACT AT LANE COUNTY; DO NOT DIRECT YOUR DOCUMENTS TO RISK MANAGEMENT AS THIS WILL RESULT IN DELAYS.

Exhibit C please don't list the division

LCPWLSD

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LC Contract Form A-1, Goods and/or Services, with Exhibit B, rev. 07/01/2021

LANE COUNTY GOODS/SERVICES CONTRACT (Contract Form A‐1, 07/01/2021)

CONTRACT TITLE

This Contract is entered into by and between Lane County, a political subdivision of the State of Oregon (“County”), and ___________ _____________________________, an _______________________________ (“Contractor”), each a “party,” and referred to collectively in this Contract as “the parties.” County and Contractor agree as follows:

1. STATEMENT OF WORK (the “Work”)

1.1 Contractor will furnish or perform

in accordance with the requirements of this Contract.

1.2 The scope of Contractor's Work is further described in Exhibit A.

1.3 Contractor must perform the Work in a manner consistent with the offers and statements in Exhibit D.

2. CONTRACT DOCUMENTS

2.1 The Contract. The Contract consists of this Contract Form and the following listed exhibits, which are incorporated into the Contract as referenced here. There are no other Contract documents unless specifically referenced in this Contract.

2.2 Exhibits. With this document, the following Exhibits are incorporated into the Contract:

• Exhibit A Scope of Work

• Exhibit B Standard County Contract Conditions

• Exhibit C Insurance Coverages Required

• Exhibit D Contractor's Proposal

• Exhibit E ________________________________________________________

2.3 Precedence. In the event of a conflict between the requirements of any documents listed in subsections 2.1 and 2.2 above, the conflict must be resolved in the following order of precedence: first, this Lane County Goods/Services Contract Form, then in order: Exhibit C, Exhibit B, Exhibit A, Exhibit D, other Exhibits.

3. CONSIDERATION AND PAYMENT

3.1 Consideration. In consideration for Contractor's performance, County agrees to pay $___________________. County is not obligated to pay any amount greater than that stated here.

3.2 Payment. Payment will be made .

Any payments will customarily be made within 30 days of receipt of a properly submitted and approved invoice from Contractor. Prior to approval and payment, County may require, and if required Contractor must provide, any information which County deems necessary to verify work has been performed properly in accordance with the Contract.

4. EFFECTIVE DATE AND DURATION

4.1 Effective Date. Upon the signature of all parties, this Contract is effective .

4.2 Duration. Unless extended or terminated earlier in accordance with its terms, this Contract will terminate

_________________________. However, such expiration shall not extinguish or prejudice either party's right to enforce this Contract with respect to any breach or default in performance which has not been cured.

5. AUTHORIZED REPRESENTATIVES AND NOTICE. Each of the parties designates the following individuals as its authorized representative for administration of this Contract. Either party may designate a new authorized representative by written notice to the other.

5.1 County's Authorized Representative.

5.2 Contractor's Authorized Representative.

Any notice, demand, consent, approval, or other communication to be given under this Contract must be in writing and provided by email addressed to the party’s authorized representative, except as provided below in this section. However, if, in either party’s discretion, email is not the most appropriate method for providing notice, then notice may be provided by personal delivery;

certified mail, postage prepaid, return receipt requested; or nationally recognized overnight courier. The effective date of notice shall be: for notice by email, the date and time sent if sent between the hours of 8 am and 5 pm, otherwise effective at 8am the following Business Day; for notice delivered in person, the date and time of delivery; for notice by U.S. mail, three days after the date of certification; and for notice by overnight courier, the next business day after deposit with the courier. If no representative is identified in this section, notice may be given to the person executing the Contract on behalf of that party below.

6. SPECIAL CONTRACT PROVISIONS.

6.1 Minimum Wage Rates. This Contract is is not (choose one) subject to Federal Executive Order 14026 requiring that workers working on or in connection with a Federal Government contract be paid an hourly minimum wage of $15.00. All workers not subject to the Federal minimum wage must be paid not less than the Oregon minimum wage for their work location.

6.2 Compliance with Coronavirus Guidelines, Laws, Rules, and Orders. Each of the parties is aware of the COVID‐19 emergency and agrees that it is and will remain familiar with the CDC prevention guidelines and with federal, state, and local laws, rules, and orders regarding COVID‐19 throughout the term of this Contract, and will take all necessary precautions relating to COVID‐19, including those set out in the guidelines, laws, rules, and orders described in this paragraph. The parties have anticipated the costs of compliance with the present guidelines, rules, laws, and orders prior to entering into this Contract, and that no claim will be made by either party for such compliance. However, in the event that after the effective date of this Contract the COVID‐19 guidelines, laws, rules, and orders are changed in such a way as to adversely affect the parties’ ability to carry out their obligations under this Contract, either party so affected must give notice to the other party of any potential need to modify the Contract to accommodate or respond to such changes in the guidelines, laws, rules, and orders.

7. MULTIPLE COUNTERPARTS. The Contract and any subsequent amendments may be executed in several counterparts, facsimile or otherwise, all of which when taken together will constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of the Contract and any amendments so executed will constitute an original.

SIGNATURES FOLLOW ON NEXT PAGE

SIGNATURES

CONTRACTOR’S CERTIFICATIONS:

BY EXECUTION OF THIS CONTRACT, THE UNDERSIGNED CERTIFIES TO COUNTY THAT:

The undersigned person has the power and authority to execute this Contract on behalf of Contractor, and to bind Contractor to its terms, Contractor will, at all times during the term of this Contract, be qualified and professionally competent, and possess any licenses required to perform the Work, Contractor has not discriminated against minority, women or small business enterprises or a business that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225, and

The Contractor has, to the best of its knowledge, complied with Oregon tax laws in the period prior to the execution of this Contract, and will continue to comply with such laws during the entire term of this Contract, including:

(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 Proposer 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.

Pursuant to ORS 305.385(6) and OAR 150‐305‐0302, the undersigned as Contractor hereby swears and affirms under penalty of perjury that, to best of my knowledge, Contractor is not in violation of any tax laws described in ORS 305.380 (4)(a).

EACH PARTY, BY EXECUTION OF THIS CONTRACT, HEREBY ACKNOWLEDGES THAT IT HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

CONTRACTOR: COUNTY:

LANE COUNTY

By: By:

Title: Title:

Date: Date:

Address: Lane County, Public Service Building 125 E. 8th Avenue Eugene, Oregon 97401

Tax ID No.:

EXHIBIT B – 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 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 on the Exhibit entitled

"Insurance Coverages Required" and must notify Lane County Risk Management 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 naming the County and its officers, agents, and employees 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.

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 Oregon False Claims Act. Contractor acknowledges that the Oregon False Claims Act (ORS 180.750 to 180.785) applies to any action or conduct by Contractor pertaining to this Contract that constitutes a “claim” as defined by the Act. By its execution of this Contract, Contractor certifies the truthfulness, completeness, and accuracy of any statement or claim it has made may make, or causes to be made that pertains to this Contract or to the Work of the Contract.

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

5. MODIFICATION AND TERMINATION

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 The parties may jointly agree to terminate this Contract at any time by written agreement.

5.2.2 County may terminate this Contract for its convenience at any time with no liability on its part, except to pay for services previously provided, by giving Contractor not less than 30 days' advance written notice.

5.2.3 If County reasonably believes that Contractor is in material breach of Contractor’s obligations or any representation or warranty contained in this Contract, County may suspend the Work of this Contract at any time without notice. Upon notice to Contractor of such breach, and failure of Contractor to cure such breach within 7 days of receipt of County’s notice, County may terminate this Contract.

5.2.4 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.