RFP template – Intermediate procurement – 2014-10-01

LANE COUNTY, OREGON

REQUEST FOR PROPOSALS (RFP)

RISK MANAGEMENT CONSULTING / INSURANCE AGENT OF RECORD Lane County Contract No. RM-2014-01

PART A: GENERAL REQUIREMENTS

A1 INVITATION AND OVERVIEW

A1.1 Invitation. Lane County invites proposals from qualified agents for Risk Management Consulting and Insurance Agent of Record services. Proposals may be submitted to Lisa M. Lacey, Risk Manager, until 4:00 p.m., local time, Friday, October 31, 2014 at the Lane County Commissioners' Reception, Plaza Level, 125 E. 8th Avenue, Eugene, Oregon, 97401. Proposals may be submitted either in paper copy or electronically. Proposals submitted in paper copy must be enclosed in a sealed envelope bearing the proposer's name and address, clearly marked with the title of this Request for Proposals (RFP) and submitted to the person and address stated above. At the proposer's option, proposals may be submitted electronically in PDF format only to: lisa.lacey@co.lane.or.us.

A1.2 Overview. Briefly, the work of this RFP includes acting as Lane County's risk management consultant and agent of record for insurance services, including property and casualty, flood, public officials bonds, employee dishonesty, and excess workers’ compensation insurance coverage, as well as limited medical and AD&D insurance for volunteers, as part of the Risk Management program. The contract will be for an initial one-year term commencing February 1, 2015, and will be renewable on an annual basis for not more than ten years total, at the County's option.

A2 PROPOSAL CRITERIA

A2.1 All criteria requiring a response from the Proposer is included in PART B: PROPOSAL REQUIREMENTS

A2.2 Proposer's Certification Statement. Each proposal must include, along with the Proposer's response to the RFP criteria, a fully executed copy of the Proposer's Statements and Certifications form included as Appendix B.

A3 PREPARATION AND SUBMISSION OF PROPOSAL

A3.1 Proposal Preparation. Proposers are responsible to read and understand all portions of the solicitation documents, including attachments and addenda, if any, and to include all requirements in their proposals. To be responsive, proposals must address the criteria contained in the RFP, in the required form, contain all required documents and responses, and be accompanied by a fully executed Proposer's Certification Statement.

A3.2 Proposal Contents and Disclosure. Proposals submitted in response to this RFP become public records under Oregon law and, following contract award, will be subject to disclosure to any person or organization that submits a public records request. Proposers are required to acknowledge that any proposal may be disclosed in its entirety to any person or organization making a records request, except for such information as may be exempt from disclosure under the law.

Each proposer must clearly identify all information included in its proposal that is claimed to be exempt from disclosure. If the County receives a records request, including subpoena, covering information the 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 (LM 21.105(7)).

A3.3 Submission, Withdrawal, and Mistakes. 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. A proposal may be withdrawn at any time prior to the deadline for receipt of proposals, and a new sealed may be submitted. Proposals received after the deadline will not be considered. Mistakes discovered after opening where the intended correct statement or amount is clearly evident or properly substantiated may be corrected.

A3.4 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. An addendum may be issued if a clarification is necessary, and its clarifications must be included in the proposal.

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.

A4 EVALUATION AND AWARD

A4.1 Compliance with Laws and Minimum Requirements. Evaluation of proposals will be conducted by the public officer in cooperation with others based on the minimum requirements established by RFP, compliance with proposal procedures, public contracting laws, and the requirements of the Lane Manual. In evaluating the proposals and selecting a contractor, Lane County reserves the rights to: A. Reject any and all proposals, B. Issue subsequent Requests for Proposals for the same or similar goods or

services, C. Not award a contract for the requested services, D. Waive any technical defects, irregularities, or informalities, E. Accept the proposal which the County deems to be the most beneficial to the public

and Lane County, F. Negotiate with any proposer to further amend, modify, redefine or delineate its

proposal, G. 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 H. Further question any proposer to substantiate claims of experience, background

knowledge, and ability.

A4.2. Scoring and Selection. Lane County will evaluate proposals according to the submissions received and criteria listed. Award will be made to the proposer whose proposal will best serve the interests of the County, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose, and proposer's responsibility.

A4.3 Notice of Award and Protest. The County will provide written notice of its intent to award to a given proposer or proposers at least 7 days before award, unless a shorter notice period is more practicable. Any proposer that has submitted a proposal for an RFP and is not recommended for award by the evaluation committee may protest the recommendation to the decision maker, either the Board or the County Administrator, depending upon which has authority to execute the contract. To be considered, a protest must be submitted in writing not less than seven (7) calendar days after notice of intent to award is given, and contain the grounds for the protest in accordance with Lane Manual Chapter 21.107(14).

A5 REQUIRED CONTRACT DOCUMENTS.

A5.1 Contract form. Contracts issued by the County in response to this RFP will be issued using standard County contract forms and containing contract terms required by the County. Proposers unfamiliar with the County's contract forms and conditions may obtain sample copies of these documents from the County staff person assigned to receive proposals named above.

A5.2 Insurance Requirements. The selected Contractor must provide insurance coverages meeting the requirements of Lane County's Insurance Coverages Required, as described in this RFP.

PART B: DESCRIPTION OF PROPOSAL REQUIREMENTS

B1 BACKGROUND

Lane County’s Risk Management program exists for the purposes of protecting Lane County through the Self Insurance Fund against the consequences of accidental losses, protecting the County’s assets and public service capabilities from loss, destruction or depletion, and minimizing the long-term cost to the County of all activities related to the identification, prevention and control of accidental losses, losses from perils within or beyond control of the County, potential liabilities and their consequences. Lane County currently has an (approximate) $2.7 million Self-Insurance Fund Reserve to support the Risk Management program.

Through its current Agent of Record, Brown & Brown Northwest, Lane County purchases property and casualty, flood, public officials bond, employee dishonesty, and excess workers’ compensation insurance coverage, as well as limited medical and AD&D insurance for volunteers, as part of the Risk Management program. This RFP is issued due to the expiration of the current contract with Brown & Brown.

The current Risk Management Consultant and Insurance Agent of Record is compensated on a flat fee basis, as opposed to a commission and fee basis. The current annual fee for these services is $6,228, paid quarterly, for an annual total of $24,912.

Further information about the Risk Management program and the staff involved in the program are listed in Appendix D and E. Lane County departments and operations are described in Appendix C. A list of current insurance policies, deductibles, limits and premiums are contained in Appendix F.

B2 SCOPE OF WORK

B2.1 General Statement of Services. Responsible for the purchase of insurance on behalf of Lane County and for providing risk management consulting services as directed/requested by the Risk Management staff.

B2.2 Authority Exercised. To communicate and negotiate with insurance companies and insurance related service organizations on behalf of the County, including divulging County information pertinent to underwriting and procurement of data held by such company or organization on the County’s behalf.

B2.3 Specific Duties. The Contractor shall:

A. Advise the Risk Management staff in insurance purchase and service by: 1. Assisting in determining proper limits and coverage for estimated risk

frequency and severity. 2. Assessing insurance company stability, solvency, and service record; 3. Obtaining insurance market options and quotes to meet the County's needs,

including coverage of unusual exposures, including intergovernmental operations; and: a. Submission of risk to companies known to be competitive in the class of

coverage; b. Presentation of the three most competitive quotes; c. An analysis of options on coverage indicating potential premium

differential; d. Recommendation as to selection of the best quote;

4. Delivering the policy or a binder prior to expiration date of coverage; 5. Reviewing all binders, policies and endorsements to assure coverage is as

described with no exclusion or endorsements that are not fully disclosed and approved by the County.

6. Supervising accuracy of premium payment to companies; 7. Reviewing policies received for accuracy; 8. Accurately amending policies as needed; 9. Advising on trends in insurance market as to price and capacity; 10. Periodically performing an objective review of insurance program in view of

market changes; 11. Assisting in processing of insurance claims above the County self-insured

retention including the filing of claim forms, maintaining control of records on claims submitted, expediting payment of claim by companies, providing status reports on any subrogated claims, acting as liaison with insurance company claims department;

12. Providing written confirmation of bound coverage and expected arrival date of endorsements or policies;

13. Providing coverage interpretation in writing upon request; and 14. Providing an updated annual schedule of coverage which indicates by policy

the general coverage, insurance company, policy number, policy dates premium and brief description of coverage.

B. Assist the Risk Management staff in identifying the County’s risk by; 1. Valuing real and personal property and loss of use thereof; and 2. Analyzing and identifying risk from insurance company claim records.

C. Assist the Risk Manager in risk control by providing estimates of future premium amount for budgeting.

D. Meet with Risk Management staff as needed with a minimum of five meetings scheduled annually.

E. Assist in developing and maintaining a detailed, specifications manual for insurance marketing purposes.

F. Provide a quarterly report of hours worked on behalf of Lane County.

G. Provide an annual summary of all insurance coverage, premiums charged and commissions earned, by line of insurance coverage.

B3 WORK AUTHORIZATION

Contractor shall be an insurance agent licensed to conduct business in the State of Oregon, experienced in handling property, casualty and excess workers' compensation insurance programs similar to those of Lane County, providing a wide range of insurance-related services.

Contractor shall carry Professional Liability insurance as described in Appendix H, and with the contract terms and provisions of the County Goods and/or Services contract, a sample copy of which is attached to the proposed contract as Appendix G.

B4 PROPOSAL CONTENT

A. Each proposal must be submitted in writing and must contain the following:

1. Response to Questionnaire (Appendix A)

2. A signed Proposer's Statements and Certifications form (Appendix B).

B. In addition, supplemental materials and data not specifically requested for consideration may be included with the proposal if, in Proposer's judgment, such materials may prove helpful in the evaluation process. While no specific page limit has been established, proposers are advised that brevity and clarity are qualities the County seeks in a Contractor.

B5 EVALUATION AND SELECTION

B5.1 Proposal Scoring. Proposals will be scored on the following criteria and point scale (120 pt. possible), based upon both the written materials and the contacts with references:

A. Quality of services and responsiveness (10 points)

B. References (20 points)

C. Experience with similar programs for public sector entities (30 points)

D. Qualifications and experience of key personnel assigned to the contract (20 points)

E. Size and structure of the firm; ability to service an entity like Lane County (10 points)

F. Value Added Services (10 points)

G. Cost of Services (20 points)

B5.2 Interviews and Final Selection.

In connection with the evaluation, the County may, at its option, invite finalist(s) to make an oral presentation to the County and may, in addition, require the submission of supplemental material intended to substantiate or clarify information submitted in the original response.

If the County elects to invite finalists for oral presentations, the finalist will be notified of the County's decision to interview within seven (7) days after the end of the solicitation period.

If finalist presentations are requested, the County shall score the interviews based upon the quality and content of the presentation and any supplemental materials requested, and may add up to an additional 60 possible points to the finalist's scores:

A. Oral presentation (30 points)

B. Supplemental materials requested (30 points)

B5.3 Evaluation Committee. The proposals, and oral presentation and requested additional materials (if any), will be scored by an evaluation committee consisting of the following Lane County staff:

Risk Manager Safety Coordinator Senior Program Services Coordinator, Health & Human Services Management Analyst 2, Public Works Assistant County Counsel

B6 APPENDICES TO THIS REQUEST FOR PROPOSALS

The following documents are attached to and, by this reference, incorporated in this RFP:

Appendix A Questionnaire Appendix B Proposer's Statements and Certifications Appendix C Lane County Operations Information Appendix D Lane County Risk Management Program Appendix E Overview of Insurance Coverage Appendix F Schedule of Insurance Appendix G Sample Goods and/or Services Contract, with Exhibit A Appendix H Insurance Coverages Required

APPENDIX A: QUESTIONNAIRE

Respondents should fully answer each question, giving complete information regarding current and relevant references. Consultants may submit any additional materials relating to their ability to perform the assignment. A. Name of firm, address, telephone number.

B. Please describe the structure and organization of your firm. How many years has your firm been in business? Number of employees?

C. Name the person or persons who will be directly responsible for Lane County’s account and describe their experience, professional licensing and certifications. State their expertise including risk management consulting, particularly with self-insured public entities with exposures similar to Lane County. Other than those persons who will be directly responsible for the County’s account, what other service representatives from your firm will be available to assist Lane County staff?

D. If your firm is selected as Lane County’s Agent of Record what would your suggested service plan be? What consulting services are available for Property/Casualty, Contract Liability, Workers’ Compensation, Loss Control and Environmental exposures?

E. List three governmental entities that you are serving as agent/consultant and include the name and telephone number of persons to contact for reference.

F. Please list the Oregon public sector clients that your firm currently serves as Agent of Record, and the number of years your firm has held that role with each entity.

G. Please describe your insurance and risk management experience for public sector employers in the area of corrections, and in the area of public works.

H. Describe the method you will use to secure competitive premium quotes for our insurance program.

I. How would your firm address conflict of interest issues involving other public entity clients?

J. Describe the assistance your firm can provide in estimating real and personal property values.

K. Fee Proposal: Please provide a detailed breakdown of costs to perform the services described in this agreement based on an annual flat fee basis. Include the fee structure for unanticipated additional insurance coverages. If there are any services that would not be provided within an annual fee, please list those services and the hourly rate, including travel expenses.

APPENDIX B: PROPOSER'S STATEMENTS AND CERTIFICATIONS Proposer's Name: RFP Title:

PROPOSER'S STATEMENTS

Proposer offers to provide the required services in accordance with the requirements of the Request for Proposals (RFP) stated above and the enclosed proposal. The undersigned Proposer declares that the Proposer has carefully examined the above-named Request for Proposals, and that, if this proposal is accepted, Proposer will execute a contract with the County to furnish the services of the proposal submitted with this form. Proposer attests that the information provided is true and accurate to the best of the personal knowledge of the person signing this proposal, and that the person signing has the authority to represent the individual or organization in whose name this proposal is submitted.

By execution of this Form, the undersigned Proposer accepts all terms and conditions of this Request for Proposals except as modified in writing in its proposal. Proposer agrees that the offer made in this proposal will remain irrevocable for a period of sixty (60) days from the date proposals are due.

By execution of this Form, the undersigned Proposer acknowledges that its entire proposal 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. Proposer agrees that all information included in this proposal that is claimed to be exempt from disclosure has been clearly identified either in the Proposer's Statement, or in an itemization attached hereto. Proposer further acknowledges its responsibility to defend and indemnify the County for any costs associated with establishing a claimed exemption.

ADDENDA

Proposer has received and considered, in the accompanying proposal, the terms of the following addenda, if any:

CERTIFICATIONS

By signing this Proposer's Certification form, Proposer certifies that:

1. Proposer is _____is not _____ (check one) a resident bidder, as defined in ORS 279A.120.

2. Proposer has not discriminated and will not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a minority, women, or emerging small business enterprises certified under ORS 200.055 or a business enterprise that is owned or controlled by or that employs a disabled veteran, as defined in ORS 408.225.

3. This proposal is made without connection or agreement with any individual, firm, partnership, corporation, or other entity making a proposal for the same services, and is in all respects fair and free from collusion or collaboration with any other proposer.

The undersigned, by signature here, acknowledges, accepts, and certifies to the Proposer's Statements and Certifications as stated above. PROPOSER Authorized signature Proposer’s legal name Name of authorized signer Address Title Date CERTIFICATION UNDER OATH REGARDING COMPLIANCE WITH OREGON TAX LAWS By my signature below, I hereby attest or affirm under penalty of perjury: that I am authorized to act on behalf of the Proposer in this matter, that I have authority and knowledge regarding the payment of taxes by the Proposer, and that Proposer is, to the best of my knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon Tax Laws" means a state tax imposed by ORS 320.005 to 320.150; ORS 403.200 to 403.250; ORS Chapters 118, 314, 316, 317, 318, 320, 321, 323 and the elderly rental assistance program under ORS 310.630 to 310.706, and any local taxes administered by the Department of Revenue under ORS 305.620 Authorized signature Federal Tax ID number Name of authorized signer Title

APPENDIX C: LANE COUNTY OPERATIONS INFORMATION General Information Lane County Government Lane County government operates under a home rule charter approved by voters in 1962. The Charter grants authority to a full-time compensated, five-person Board of County Commissioners to legislate and administer County government within the limits of that non-partisan authority. Lane County voters individually elect commissioners for four-year terms from specific geographic regions. The County operates under the provisions of the County Charter and the Lane County Code, as well as the Oregon Constitution and State law (Oregon Revised Statutes). Board action is effected by a simple majority vote of three of the five Board members. Lane County employs approximately 1500 people within fourteen different departments and the Justice Courts. The Board of Commissioners, consisting of five elected officials, is responsible for providing a direct link between the residents of the County and the County Government. Other elected officials include the County Sheriff, County Assessor, District Attorney (considered a state employee), and three Justices of the Peace.

This County consists of twelve departments grouped into three categories: Public Services, Public Safety, and Support Services. Public Safety and Support Services receive General Fund support. Some of these departments may also receive support from other funds. Public Services departments often receive special funding and or direct service revenues. These departments may or may not receive General Fund support. Lane County is a general purpose government. The mission of Lane County is to provide high-quality, local government services in a fair, open, and economical manner to best meet the needs and expectations of our citizens and guests.

Summary of County Operation by Department Support Services Board of Commissioners. The Board of County Commissioners legislates and administers County government within the limits of authority granted in the Lane County Home Rule Charter. The charter grants legislative and administrative power to the full-time, paid five-person board. The Commissioners represent Lane County citizens in over 50 committees and agencies. Commissioners are elected by Lane County voters in specific individual geographic regions for four-year terms. The County’s Internal Auditor position works reports directly to the Board of County Commissioners. County Administration. The Office of County Administration serves as the focal point for implementing countywide policy approved by the Board of County Commissioners. This is done through the County Administrator, who reports directly to the Board of County Commissioners. The department provides direction to all appointed administrative departments, coordinates with elected department heads, and serves as liaison to interagency associations, local municipalities, and the state and federal governments. Preparing the annual Budget, monitoring budget performance and maintaining the County's long-range financial plan for the General Fund are also critical responsibilities. The department coordinates countywide performance measurement and oversees the development and implementation of the County’s Strategic Plan. Other operating units in the department include Economic Development, Intergovernmental Relations, Parole & Probation, and the Public Information Office. County Counsel. The Office of County Counsel is also a department within County government. This department serves as attorney and legal advisor to the Board of Commissioners, County Administrator, County elected officials, and County departments. County Counsel's office handles civil suits brought by or against the County and reviews all proposed contracts between the County and other entities. The Office of County Counsel also

has responsibility for contract management and the risk management program. The department director reports directly to the Board of Commissioners. Human Resources. Human Resources provides personnel management and administrative support to County organizations in the areas of personnel services, employee relations and benefits, training and development, and diversity implementation. Management Services. The Department of Management Services has two functional groups. The Finance Group provides finance operation including payroll, accounts payables, receivables and investments;. The Management Services Group includes facilities maintenance; the County Clerk functions including Elections, Deeds & Records, and Board of Property Tax Appeals. Information Services. The goal of the Department of Information Services is to help individual departments use computer technologies to provide better service to Lane County's citizens. The department is responsible for supporting the information technology needs of County departments. The department maintains the County's major finance and human resource applications, as well as a large number of smaller systems. Information Services also supports a common network operating system which allows the County's nearly 1,400 personal computers to be better connected. IS service areas also include electronic mail and Internet access. Public Services Assessment and Taxation. The Department of Assessment and Taxation annually assesses all new construction values of real property, maintains the market value of real property through a sales comparison program, and adds the reported value of personal property to the assessment and tax rolls. The department is also a collection agent for over 80 active taxing jurisdictions, including cities, school districts, and special districts within Lane County. The department is headed by the County Assessor who is elected to a four-year term by the voters of Lane County. Health and Human Services. The mission of Lane County Health and Human Services is to promote and protect the health, safety, and well being of individuals, families and our communities. Health and Human Services (H&HS) is a broad-based organization which oversees health, mental health, developmental disabilities, social services and offender programs in a largely subcontracted system. The subcontract providers are our community partners in a complex service delivery system. The department’s use of discretionary general fund is small, given the size of the overall departmental budget. The H&HS budget is mostly categorically restricted dollars from the state and federal governments. The general fund money from Lane County allows for enhancement of services and leveraging of resources. The Youth Services division is responsible for dealing with children under the age of 18 who have committed an offense that would be a crime if committed by an adult. Law enforcement makes over 5,000 referrals to Youth Services each year. Services include intake, detention, court, probation and parole. Special programs exist for sex offenders, arsonists, violent offenders, and alcohol and drug problems. The operating philosophy is built on a "balanced approach" involving community protection (detention at the newly-opened Juvenile Justice Center), accountability (restitution to victims of crime), and competency (skill development). Public Works. The Department of Public Works, has the largest of the department budgets. The Parks Division operates and maintains a system of 59 parks covering about 4,5000 acres throughout the county, offering various combinations of camping, hiking, boating, marinas, ocean beaches, and group meeting accommodations. The Land Management Division is responsible for compliance with the State and County's land-use planning, zoning, and building codes and includes the County Surveyors Office, which has responsibility for maintaining County survey records, and the system of government corners. The Engineering Division is charged with maintaining nearly 1,500 miles of County roads (end-to-end, that's about the distance from Eugene to Albuquerque, New Mexico). The department also maintains over 400 bridges, and does road design, right-of-way

acquisition, transportation planning and traffic engineering on County roads. In addition to managing the heavy equipment and vehicles associated with road construction and maintenance, the Fleet Division operates a centralized fleet service. The Waste Management Division includes the operation of a countywide system of solid waste transfer sites, the Short Mountain Landfill and an extensive resource recovery program. Public Works also includes property management, Lane Events Center, and animal regulation. Workforce Partnership. Workforce Partnership is a council of governments, and provides personnel and employment related services for the Lane Workforce Partnership, which is a non-profit corporation setting policy for the department. Funded by state and federal training grants, Workforce Partnership offers vocational assessment, job-search training, classroom training, and special youth services for, unemployed Lane County residents. Public Safety District Attorney’s Office. The District Attorney's office serves as the public prosecutor and representative of the State in criminal and traffic proceedings in circuit and justice courts. The office provides 24-hour-a-day legal assistance to police agencies throughout Lane County and special assistance to victims of crime. The District Attorney’s Office also serves thousands of children each year through the Family Law Division. The District Attorney is a state official who serves a four-year term. Public Safety. The Sheriff's Office is under the direction of an elected Sheriff and organized into two operational divisions and the Office of the Sheriff. The Police Services Division is responsible for suburban and rural police patrols, traffic enforcement, criminal investigations and law enforcement contracts as well as communications and police records. Police Services also directs court transport and security, civil operations, and search and rescue programs. The Adult Corrections Division manages the Lane County Jail and a variety of alternative custody programs including the Community Corrections Center, Electronic Supervision, Inmate Road Crew and Community Service. The Office of the Sheriff includes administrative support programs including fiscal, fleet, personnel, planning, emergency management and training. The Sheriff is elected to a four-year term by the voters of Lane County. Justice Courts. Lane County has one justice court, located in Florence. The justice court is responsible for the adjudication of a variety of complaints, including criminal, civil, traffic and marine, filed within its jurisdictional boundary. The Florence court was established in the early 1900’s as a service to the residents of West Lane County by providing a convenient, accessible court.

APPENDIX D: LANE COUNTY RISK MANAGEMENT PROGRAM Program Overview Lane County has been self-insured for workers’ compensation since 1986 and general liability since 1979. A purchased insurance program provides coverage for property, special equipment and special functions. The Risk Management function is located within the County Counsel’s Office, with a total of three employees devoted full time to the Risk Management program. Public Works, the County’s largest department in both personnel and budget, has a full time Safety Coordinator. The Office of Legal Counsel provides in-house defense and investigation of all general liability claims. Matrix Absence Management is the current third party administrator for workers' compensation. Program Responsibilities Lane County’s risk management program is based on policies and procedures as outlined in the Lane Code, “Self-Insurance Fund Restrictions.” The Lane Code outlines the purpose of the fund and the risk management program. The Lane Manual defines the functions of Risk Management, provides policies for safety, a drug free work place, sexual harassment and settlement authority of claims. The Administrative Procedures Manual defines the Lane County safety program, procedures for submitting property damage, liability and workers’ compensation claims and contains procedures for an employee with driving restrictions. (Copies Attached) As outlined in the Lane Code, the Risk Management program is responsible for:

• Administering a coordinated management program with internal procedures for incident and claims reporting of all losses incurred by the County.

• Providing a constant assessment of fluctuating exposures to loss, loss-bearing capacity and available financial resources, including insurance.

• Establishing, to the extent possible, an exposure-free County work and service environment.

Program Services Risk Control Services: Provide direction and policy to identify and reduce risk of loss, including safety, hazard assessment and analysis, job hazard analysis and loss control programs. Contract Review: Review contracts and provide advice on insurance requirements. Property Coverage: Provide the Self-Insurance Fund coverage for legal defense and claims costs, settlements, and judgments as required by the Oregon Tort Claims Act, ORS 30.260-300. Funding: Maintain the integrity of the Self-Insurance Fund through a loss sensitive, premium allocation system incorporating the review of department claims experience for workers’ compensation and liability, and provide cost information to departments for budgeting purposes. Risk Management Team The Risk Management division is a part of the Lane County Counsel’s Office. Risk Management staffing consists of a Risk Manager, a Safety Specialist and a Workers Compensation Administrator. Risk Management is also responsible for coordinating information from other team members consisting of a Paralegal and a Litigation Attorney located within the County Counsel’s Office.. A brief description of the qualifications and job responsibilities for each member of the risk management team follows:

Risk Manager, Lisa Lacey The Risk Manager is responsible for all Risk Management administration including risk finance, program planning, budgeting, staffing, implementation, monitoring, and processing of all third-party claims. The central focus of the Risk Manager is coordination of the Risk program areas in order to maintain the highest standards of risk management possible for the organization. Ms. Lacey is also responsible for Risk Fund management of both general liability and workers’ compensation. Workers Compensation Administrator – Kyna Langhorne Ms. Langhorne is responsible for the daily management and direction of the workers’ compensation program and claims management processes. Responsibilities include indemnity claims coordination and medical management, management of the third party administrator for workers’ compensation claims, and intra-county training on claims reporting, administration, cost and management. Safety Specialist – Pete Zugelder Mr. Zugelder is responsible for on-going development and implementation of the County-Wide Loss Prevention and Control Program to address safety and health issues impacting the County and to minimize risk and liability. Responsibilities include providing consultation and technical assistance to departments, conduct regular safety and loss control inspections, serve as a technical advisor to the County-Wide and departmental Safety Committees, and ensures compliance with applicable regulations, rules, policies, and procedures. In addition, he reviews and identifies appropriate contract requirements. Litigation Attorneys – Stephen Dingle and Sebastian Tapia The Litigation Attorney is responsible for litigation, including case evaluation, reserving, settlement negotiation, pretrial matters, and trial and appeal of cases involving Lane County as a defendant. Public Works Safety Coordinator, Steve Nichols The Safety Coordinator for the Department of Public Works coordinates the department’s training program and provides consultation aimed specifically at helping to prevent and reduce losses involving injury, equipment or property damage and perpetuating a safe and healthy work environment.

APPENDIX E: OVERVIEW OF INSURANCE COVERAGE Overview of Insurance Coverage and Deductibles The current insurance program of the County includes direct damage property insurance to cover the loss of or damage to the County’s physical assets. Additional miscellaneous overages are also placed on behalf of the County and are addressed in more detail in this section of the RFP. The County has elected to self-insure third party liability and workers’ compensation exposures, both with excess coverage. The County has adopted GASB Statement No. 30 (GASB No. 30) which amends GASB Statement No. 10 to require inclusion of specific, incremental claims adjustment expenses and estimated recoveries in the determination of the liability for unpaid claims. GASB No. 30 also requires disclosure of whether other claim adjustment expenses are included in the liability for unpaid claims. The County has established an internal service fund to account for and finance its risk of loss. The County is self-insured for workers’ compensation claims and general liability claims, and carries commercial insurance for all other significant risks. Coverage for workers’ compensation claims in excess of $500,000 is purchased from commercial insurers. General liability claims for catastrophic fire, earthquake, and flood insurance coverage up to $10,000,000 is subject to $500,000 and $100,000 deductibles, respectively, per occurrence. During the past three fiscal years, no settled claims have exceeded insurance coverage levels. Claims liabilities reported in the County’s basic financial statements are based on a bi-annual actuarial estimate of the ultimate cost of settling claims, including incurred but not reported (IBNR) claims. Claims liabilities include all incremental costs incurred directly as a result of the claim, and consider estimated recoveries on both settled and unsettled claims. Claims expense has been reduced by amounts recovered, or expected to be recovered, through excess insurance. At June 30, 2014, a total claims liability of $4,977,000 is reported in an internal service fund. All prior and current year claims are fully reserved and have not been discounted. The County does not utilize annuity contracts from commercial insurers, nor are they party to any structured settlements. The following changes occurred in the claims liability in the current and previous fiscal year: Year Ending June 30

Liability Balance at Beginning of Year

Current-year Claims and Changes in Estimates

Claim Payments Liability Balance at End of Year

2013 $2,427,000 $182,016 ($182,016) $1,387,000 2014 $1,387,000 765,328 ($765,328) $1,387,000

Insurance Marketing The County’s insurance program is broken down into several components. They are:

• Direct damage property coverage • Boiler/Machinery • Earthquake/flood • Crime/Fidelity

• Excess Workers’ Compensation Prior to marketing the insurance, it is the County’s expectation that the Broker meet with the County to discuss renewal strategies. The Broker is then expected to develop an internal action plan relating to the insurance program design, markets and cost parameters, at which point a final renewal marketing report is then delivered to the County. Recommendation for coverage, limits and program design are also reviewed at that time. Periodically, unique coverage or one-time purchased coverage is considered and implemented. For example, during the construction of the Juvenile Justice Center, it was recommended and the County purchased, a Course of Construction policy covering the construction phase. This was recommended over the contractor providing the coverage. Claims The County self-administers all of its liability claims for both third party liability and workers’ compensation. Current broker services provide claims review and oversight on those claims that occur within the specific coverage purchased. Current broker claims responsibility starts when the initial claim is reported until final resolution to the County’s satisfaction. Risk Management Consulting A significant part of the broker services to the County involves ongoing consulting and advice relating to risk management issues. The consulting consists of being a resource to the County for analyzing exposures, identifying coverage concerns and/or questions and making recommendations relating to the treatment of risk and the best handling of new and unique exposures. The consulting services also consist of reviewing contracts, making recommendations for hold harmless language, being a resource for insurance coverage issues, reviewing Certificates of Insurance and additional insured language. It is also expected that the agent be able and willing to design and deliver training regarding contract and/or risk management issues to Lane County management and staff as needed.

APPENDIX F: SCHEDULE OF INSURANCE

SUMMARY OF CURRENT INSURANCE PROGRAM

October 1, 2014 thru October 1, 2015 Property Company Travelers Indemnity Company Subject of Insurance Limit Valuation Cause of Loss Deductible Policy Limit $200,000,000 Replacement Cost Special Form $100,000 Earthquake $ 25,000,000 Replacement Cost Earthquake 5%, $100,000 min Flood $ 10,000,000 Replacement Cost Flood $100,000 Flood – Zone A $ 5,000,000 Replacement Cost Flood $500,000 Boiler & Mach. $100,000,000 Boiler & Mach. $100,000 Additional Coverages Coverage Limit Special Conditions Electronic Data Processing Data & Media $ 1,000,000 Accounts Receiveable $ 250,000 Valuable Papers $ 250,000 Fine Arts $ 100,000 Max. per item: $1,000 Newly Constructed or Acquired Property $ 2,500,000 Outdoor Property $ 100,000 Trees, Shrubs, Plants & Lawns $1,000 per item Personal Effects $ 100,000 Per Employee: $1,000 Undescribed Premises $ 100,000 Transit $ 100,000 Debris Removal $ 250,000 Pollutant Clean Up & Removal 12 month Aggregate $ 100,000 Claim Data Expense $ 25,000 Building Ordinance Cov A-Loss to Undamaged Portion $ 5,000,000 Building Ordinance Cov B-Demolition included Building Ordinance C-Compliance with Law included Business Income $ 5,000,000 Ordinary Payroll Excluded Leasehold Interest $ 100,000 Limited Fungus, Wet Rot Dry Rot $ 100,000 Any One Occurrence: $15,000 Builders Risk $ 500,000 Contractors Equipment $10,737,996 Per Schedule on file with Company Contractors Equipment – Leased/Rented $ 100,000 Expediting Expenses $ 100,000 Vehicles – Premises Only – Stated Amount $19,718,985 $100,000 deductible Per Schedule on file with Company Errors & Omissions $ 1,000,000 Utility Services – Direct Damage & Time Element $ 1,000,000 Premium: $219,105 Premium $ 6,195 Terrorism Crime

Company Travelers Casualty and Surety Co. of Am. Limit: $100,000 Coverage: Employee Dishonesty; Forgery or Alteration; Theft,

Disappearance and Destruction; Robbery and Safe Burglary; Computer Fraud; Public Employee Faithful Performance; Money Orders and Counterfeit Paper Currency; Computer Program and Electronic Data Restoration Expense; Funds Transfer Fraud; Claims Expense.

Deductible: $25,000 Exclusions: As outlined in the policy Cancellation: written notice of cancellation Premium: $6,046 Excess Liability Company Starr Indemnity & Liability Company Limit: $100,000 Limits of Insurance: Aggregate Limits Limits of Liability $10,000,000 Products-Completed Operations Hazard Aggregate $10,000,000 Errors and Omissions Liability Aggregate $10,000,000 Employment Practice Liability Wrongful Acts Aggregate $10,000,000 Employee Benefit Liability Aggregate Per Occurrence or Wrongful Act or Employee Benefit Wrongful Act Limit $10,000,000 Any one occurrence, wrongful act or employee benefit wrongful act or

series of continuous, repeated, or related occurrences, wrongful acts or employee benefit wrongful acts in excess of retained limit.

Per Employment Practice Liability Wrongful Act Limit $10,000,000 Any one employment practice liability wrongful act or series of

continuous, repeated, or related employment practice liability wrongful acts in excess of your retained limit.

Retained Limit: $1,000,000 Any one occurrence or wrongful act or employee benefit wrongful act

or series of continuous, repeated, or related occurrences, wrongful acts or employee benefit wrongful acts.

$1,000,000 Any one employment practice liability wrongful act or series of

continuous, repeated, or related employment practice liability wrongful acts.

Premium: $153,800 Premium $ 3,076 Terrorism Public Employees - Scheduled Position Bond

Company Old Republic Surety Company Principal: Lane County Limit: $100,000 Coverage: To reimburse the County for loss sustained by any fraudulent or

dishonesty act including faithful performance of any scheduled employee acting alone or in collusion with others.

Scheduled Public Officials: Mike Cowles - Tax Collector $25,000

Cindy Cable - Justice of Peace $2,500 Michael Barnhart – County Treasurer $100,000 Vicki Sieber-Benson - Justice Pro Tempore $2,500 Nancy Way – Sr. A&T Accounting Clerk $5,000 Sandra Buch Justice of the Peace Pro Tem $2,500 Claire Cameron – Sr. A&T Accounting Clerk $5,000 Jennifer Michener – A&T Accounting Clerk 2 $5,000 Alison R.Campbell – A&T Accounting Clerk 2 $5,000 Stacie Smith – A&T Lead Accounting Clerk $5,000 Daniela Urbatzka – A&T Proeprty and Tax Manager $5,000

Premium: $626.00 Blanket Accident Volunteers and Youth Services AD&D Carrier: QBE Insurance Corporation Policy Holder: Volunteers Insurance Service Association, Inc.

Court Referred Alternative Sentencing Program Youth Accidental Death Benefit $2,500 Accidental Death Benefit Up to $2,500 Accidental Dismemberment Benefit Accidental Medical Expense $25,000 Maximum Benefits $25 Deductible per accident $900 Dental Max

$500 per tooth per accident Carrier: QBE Insurance Corporation Policy Holder: Volunteers Insurance Service Association, Inc. Description of Benefits: Community Volunteers Accidental Death Benefit $2,500 Accidental Death Benefit Up to $2,500 Accidental Dismemberment benefit Accidental Medical Expense $50,000 Accidental Medical Expense -0- Deductible Weekly Accident Indemnity Benefit 52 weeks Max. number of weeks Premium: $41,396.40 Flood Companies: American Bankers Ins. Co. of Florida

National Flood Insurance Program Named Insured: Lane County 125 E. 8th Avenue Eugene, Oregon 97401 Locations: 2411 Martin Luther King, Jr. Blvd. (American Bankers) 2727 Martin Luther King, Jr. Blvd. (National Flood) 2655 Martin Luther King, Jr. Blvd. (National Flood) 2675 Martin Luther King, Jr. Blvd. (National Flood) Eugene, Oregon 97401 Limits per address: $500,000 Building $500,000 Contents Deductibles per address: $5,000 Building $5,000 Contents Perils: Direct Physical Loss caused by or from the peril of flood Valuation: Actual Cash Value Cancellation: 30-Days Premium: 2411 MLK $2,184 2727, 2655, 2675 MLK $1,677 each Excess Workers' Compensation Company: Safety National Casualty Employer: Lane County 125 E. Eighth Ave. Eugene, OR 94501 Self Insured Retention $500,000 Maximum Limit, per Occurrence Statutory Premium Rate $.1917 per $100 of payroll Estimated Payroll $86,482,077 Estimated Premium $165,786

S A M

P L

E

LC Goods and/or Services Contract with LM 21.130, rev. 10/01/2014 1

Contract Title: Contract No.: (PLACE THIS NUMBER ON ALL INVOICES, IF USED)

This Contract is entered into by and between Lane County, Oregon, a political subdivision of the State of Oregon (“County”), and (“Contractor”), referred to collectively in this Contract as "the parties".

The County and Contractor agree as follows:

1. STATEMENT OF WORK

1.1 Contractor will furnish or perform for the County in accordance with the requirements of this Contract.

1.2 Contractor's Work is further described in .

2. CONTRACT DOCUMENTS

2.1 The Contract. The Contract consists of this document and all exhibits listed below, which are incorporated into this Contract.

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

Exhibit A, Lane Manual Ch. 21, Sec. 130 Standard Contract Provisions Exhibit B, Insurance Coverages Required Exhibit

2.3 Contract Conditions. Contractor must comply with all terms and conditions of the Contract. In the event of a conflict between the requirements of this document and any Exhibit, the requirements in this document prevail.

2.4 Compliance with County Policies. In addition to the terms stated in this Contract, 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 the County's County-Wide Bid Page at:

http://www.lanecounty.org/Departments/CAO/Operations/Purchasing/Pages/MandatoryVendorPolicies.aspx.

3. CONSIDERATION AND PAYMENT

3.1 Consideration. In consideration for Contractor's performance, the County agrees to pay . The 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 thirty (30) days of receipt of a properly submitted and approved invoice from Contractor.

S A M

P L

E

LC Goods and/or Services Contract with LM 21.130, rev. 10/01/2014 2

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 agreement with respect to any breach or default in performance which has not been cured.

5. CONTRACTOR’S STATUS

5.1 Independent Contractor Status. 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.

5.2 Contractor's Responsibilities. 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 the 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.

5.3 Contractor Not Employee. Contractor is not currently employed by the County, and will not be under the direct control of the County. Contractor will not be eligible for any Federal Social Security, State Workers' Compensation, unemployment insurance or Public Employees Retirement System benefits from this contract payment.

5.4 Reporting of Payments. Contractor acknowledges that the County will report the total amount of all payments to Contractor, including any expenses, in accordance with Federal Internal Revenue and State of Oregon Department of Revenue regulations.

6. INSURANCE AND INDEMNIFICATION

6.1 Contractor's Required Insurance. Contractor must provide and maintain all insurance called for on the page entitled "Insurance Coverages Required," including the required Additional Insured policy endorsements, and must notify Lane County Risk Management of any material reduction or exhaustion of aggregate limits.

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

6.3 Contractor to Maintain Insurance. Contractor may not cancel, materially change, or not renew insurance coverages. If any policy is canceled before final payment by the 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, the County reserves the right to procure such insurance and to charge the cost to Contractor.

S A M

P L

E

LC Goods and/or Services Contract with LM 21.130, rev. 10/01/2014 3

6.4 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.

6.5 Indemnification. To the extent permitted by the Oregon Constitution, and to the extent permitted by the Oregon Tort Claims Act, and to the extent otherwise provided for in private contracts of insurance, the parties agree to indemnify, defend, and hold each other, their agents, officers and employees, harmless from all damages, losses and expenses, including but not limited to attorney fees, and to defend all claims, proceedings, lawsuits, and judgments arising out of or resulting from the other party’s negligence in the performance of or failure to perform under this Contract. No party to this Contract will be required to indemnify or defend the other party for any liability arising solely out of wrongful acts of its own officers, employees or agents.

7. MODIFICATION AND TERMINATION

7.1 Modification. No modification or amendment to this Contract will bind either party unless in writing and signed by both parties.

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

7.3 Force Majeure. Neither the County nor Contractor will be held responsible for delay or default due to Force Majeure acts, events or occurrences unless they could have been avoided by the exercise of reasonable care, prudence, foresight, and diligence by that party. If delays or nonperformance are caused by a subcontractor of Contractor, Contractor will be liable for such supplies or services if they were obtainable from other sources in sufficient time to permit Contractor to meet the required schedule. The County may terminate this Contract upon written notice after determining that delay or default caused by Force Majeure acts, events, or occurrences will reasonably prevent successful performance of the Contract.

8. DISPUTES

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

8.2 Governing Law. All matters in dispute between the parties to this contract arising from or relating to the Contract, including without limitation alleged tort or violation, are governed by, construed, and enforced in accordance with the laws of the State of Oregon without regard to principles of conflict of laws. This section does not constitute a waiver by the County of any form of defense or immunity, whether governmental immunity or otherwise, from any claim or from the jurisdiction of any court.

S A M

P L

E

LC Goods and/or Services Contract with LM 21.130, rev. 10/01/2014 4

8.3 Forum and Venue. All disputes and litigation arising out of this Contract will be decided by the state or federal courts of Oregon. Venue for all disputes and litigation will be in Lane County, Oregon.

9. MISCELLANEOUS PROVISIONS

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

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

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

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

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

9.6 Protection of Consumer Personal Information. Contractor must have and maintain appropriate administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of consumer personal information pursuant to ORS 646A.622(2), and agrees to comply with all other provisions of the Oregon Consumer Identity Theft Protection Act (ORS 646.600 et seq.) throughout the term of this Contract.

9.7 Non-Assignment. Contractor may not assign or transfer its interest in this Contract without prior written approval of the County.

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

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

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

9.11 Multiple Counterparts. This Contract and any subsequent amendments may be executed in several counterparts, facsimile or otherwise, all of which when taken together will constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the

S A M

P L

E

LC Goods and/or Services Contract with LM 21.130, rev. 10/01/2014 5

same counterpart. Each copy of this Contract and any amendments so executed will constitute an original.

10. CONTRACTOR’S CERTIFICATION. By execution of this Contract, Contractor certifies under penalty of perjury that Contractor is in compliance with the requirements of Lane Manual Ch. 21, Sections 130(12) and (18) regarding tax law compliance, non-discrimination, and licensing.

EACH PARTY, BY EXECUTION OF THIS AGREEMENT, HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CONTRACTOR: COUNTY: LANE COUNTY, OREGON (Contractor’s legal name) By: By: Title: Title: Date: Date: Address: Lane County, Public Service Building 125 E. 8th Avenue Eugene, Oregon 97401 Tax ID No.:

S A M

P L

E

LC Goods and/or Services Contract with LM 21.130, rev. 10/01/2014 6

EXHIBIT A – LANE MANUAL CH. 21, SEC. 130 STANDARD CONTRACT PROVISIONS 21.130 Standard Contract Provisions. The following standard public contract clauses must be included expressly or by reference in every contract of the County. (1) Contractor shall make payment promptly, as due, to all persons supplying to such Contractor labor

or material for the prosecution of the work provided for in the contract, and shall be responsible for payment to such persons supplying labor or material to any subcontractor.

(2) Contractor shall pay promptly all contributions or amounts due to the State Industrial Accident Fund and the State Unemployment Compensation Fund from Contractor or any subcontractor in connection with the performance of the contract.

(3) Contractor shall 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.

(4) Contractor and any subcontractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.

(5) Contractor shall make payment promptly, as due, to any person, co-partnership, association or corporation furnishing medical, surgical, hospital or other needed care and attention, incident to sickness or injury, to the employees of Contractor, of all sums which Contractor agreed to pay or collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing payment for such service.

(6) With certain exceptions listed below, Contractor shall not require or permit any person to work more than 10 hours in any one day, or 40 hours in any one week except in case of necessity, emergency, or where public policy absolutely requires it, and in such cases Contractor shall pay the person at least time and a half for: (a) All overtime in excess of eight hours a day or 40 hours in any one week when the work week

is five consecutive days, Monday through Friday, or (b) All overtime in excess of 10 hours a day or 40 hours in any one week when the work week is

four consecutive days, Monday through Friday, and (c) All work performed on the days specified in ORS 279B.020(1) for non-public improvement

contracts or ORS 279C.540(1) for public improvement contracts. For personal/professional service contracts as designated under ORS 279A.055, instead of (a) and (b) above, Contractor shall pay a laborer at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under these contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209, from receiving overtime. Contractor shall follow all other exceptions, pursuant to ORS 279B.235 (for non-public improvement contracts) and ORS 279C.540 (for public improvement contracts), including contracts involving a collective bargaining agreement, contracts for services, and contracts for fire prevention or suppression. For contracts other than construction or public improvements, this subsection (6) does not apply to contracts for purchase of goods or personal property. Contractor shall give written notice to employees who work on a public contract of the number of hours per day and days per week that the employees may be required to work.

S A M

P L

E

LC Goods and/or Services Contract with LM 21.130, rev. 10/01/2014 7

This notice must be given in writing either at the time of hire or before commencement of work on the contract, or must be posted as a notice in a location frequented by employees.

(7) Contractor, any subcontractors, and all employers working under the contract are subject employers under the Oregon Workers' Compensation Law and must comply with ORS 656.017, unless exempt under ORS 656.027.

(8) Unless otherwise provided by the contract or law, the County has a right to exercise the following remedies for Contractor's failure to perform the scope of work or failure to meet established performance standards: (a) Reduce or withhold payment; (b) Require Contractor to perform, at Contractor's expense, additional work necessary to perform

the identified scope of work or meet the established performance standards; or (c) Declare a default, terminating the public contract and seeking damages and other relief

available under the terms of the public contract or other applicable law. (9) The contract may be canceled at the election of the County for any substantial breach, willful

failure or refusal on the part of Contractor to faithfully perform the contract according to its terms. The County may terminate the contract by written order or upon request of Contractor, if the work cannot be completed for reasons beyond the control of either Contractor or the County, or for any reason considered to be in the public interest other than a labor dispute, or by reason of any third party judicial proceeding relating to the work other than one filed in regards to a labor dispute, and when circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the work.

(10) If the County does not appropriate funds for the next succeeding fiscal year to continue payments otherwise required by the contract, the contract will terminate at the end of the last fiscal year for which payments have been appropriated. The County will notify Contractor of such non-appropriation not later than 30 days before the beginning of the year within which funds are not appropriated. Upon termination pursuant to this clause, the County will have no further obligation to Contractor for payments beyond the termination date. This provision does not permit the County to terminate the contract in order to provide similar services or goods from a different contractor.

(11) Unless otherwise provided by the contract or law, Contractor agrees that the County and its duly authorized representatives may have access to the books, documents, papers, and records of Contractor which are directly pertinent to this Agreement 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 period of (6) six years after the County makes final payment on this Agreement. Copies of applicable records must be made available upon request, and payment of copy costs is reimbursable by the County.

(12) By execution of this contract, Contractor certifies, under penalty of perjury that: (a) To the best of Contractor's knowledge, Contractor is not in violation of any tax laws

described in ORS 305.380(4), and (b) Contractor has not discriminated against minority, women or small business enterprises or

one that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225.

(13) Contractor shall meet the highest standards prevalent in the industry or business most closely involved in providing the goods or services or personal services covered by this Agreement, except if the County has good cause and the contract provides otherwise.

S A M

P L

E

LC Goods and/or Services Contract with LM 21.130, rev. 10/01/2014 8

(14) Contractor shall not assign this contract or any payments due hereunder without the proposed assignee being first approved and accepted in writing by County.

(15) Contractor shall make all provisions of the contract with the County applicable to any subcontractor performing work under the contract.

(16) The 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.

(17) All modifications and amendments to the contract will only be effective only if in writing and executed by both parties.

(18) 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.

(19) Unless otherwise provided, data which originates from this contract constitutes "works for hire" as defined by the U.S. Copyright Act of 1976 and is owned by the County. Data includes, but is not limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. Data which does not originate from this contract, but which is delivered under the contract, is transferred to the County with a nonexclusive, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; provided that such license will be limited to the extent which Contractor has a right to grant such a license. Contractor shall exert all reasonable effort to advise the County, at the time of delivery of data furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this contract. Contractor shall give the County prompt written notice of any notice or claim of copyright infringement received by Contractor with respect to any data delivered under this contract. The County will have the right to modify or remove any restrictive markings placed upon the data by Contractor.

(20) If as a result of this contract, Contractor produces a report, paper, publication, brochure, pamphlet or other document on paper which uses more than a total 500 pages of 8 1/2" by 11" paper, Contractor shall conform to the Lane County Recycled Paper Procurement and Use policy, LM 2.440 through 2.448, by using recycled paper with at least 25% post-consumer content which meets printing specifications and availability requirements.

(21) The Oregon Standard Specifications for Construction adopted by the State of Oregon, and the Manual on Uniform Traffic Control Devices, each as is currently in effect, are applicable to all road construction projects except as modified by the bid documents.

(22) As to contracts for lawn and landscape maintenance, Contractor shall salvage, recycle, compost or mulch yard waste material in an approved site, if feasible and cost-effective.

(23) When a public contract is awarded to a nonresident bidder and the contract price exceeds $10,000, Contractor shall promptly report to the Department of Revenue on forms to be provided by the 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.

Rev. RM 7/15/14

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 The insurance shall include:

Policy must include:

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*/$3 million aggregate $2 million per occurrence*/$4 million aggregate $ Amount approved by risk and

required by contract *Umbrella coverage that is equal to or greater than $1m (for a total of $2m combined coverage) is acceptable

Aggregate limits:

Per Policy (most contracts) Per Project (construction contracts)

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 the Risk Manager. 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.

AUTOMOBILE LIABILITY 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).

LIMITS $2 million combined single limit per accident for bodily injury and property damage*

*Umbrella coverage that is equal to or greater than $1m (for a total of $2m combined coverage) is acceptable

$ Amount approved by risk and required by contract

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

POLLUTION LIABILITY INSURANCE – with limits not less than $ 1 million per occurrence. Coverage must

be continuous for 24 months from the end of the project.

ADDITIONAL INSURED ENDORSEMENT The general liability insurance coverage required for performance of this contract shall be by specific (not blanket or by written contract requirement) endorsement to name “Lane County and its divisions, its commissioners, officers, agents and employees as additional insureds” on any insurance policies required herein with respect to Provider's activities being performed under the Contract. The additional insureds must be named as an additional insured by separate endorsement, and the policy must be endorsed to show cancellation notices to the Lane County department who originated the contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance.

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.

EMPLOYER'S LIABILITY Limits of $500,000 Limits of $1 million

FIDELITY BOND covering the activities of any person, named or unnamed, responsible for collection and expenditures of funds. Limit per employee. ($10,000 minimum when required)

Any questions concerning insurance and indemnity should be directed to Lane County Risk Management at 541-682-3971.