Proposal Question and Answers:

Question:

What is your level of expected in-person versus virtual engagement?

Answer: As much in person involvement is desired, but understanding that with COVID-19 precautions, some things will need to be handled virtually. Consultants will just need to be prepared to present to the committees and County Court.

Question: What data resources are you currently using or have you used in the past?

Answer: The only data collection previously completed, that we are aware of, has been paper comment cards or on board paper surveys. There has never been large scale data collection before. We will be looking for consultants to complete these types of tasks and gather the data necessary to complete the additional tasks.

Question:

Is there a budget or budget range that the County has in mind for the scope of services?

Answer:

Malheur County is seeking pricing information as a part of the RFQ as they are not familiar with the pricing for tasks 7 and 8.

Question:

Is there a deadline to submit questions on the RFP?

Answer:

At this time, we do not have a deadline to submit questions. The RFP may be amended to implement one but if so, notification will be sent out. UPDATE: An amendment to the RFP was issued February 8, 2022 to include a deadline to submit questions. You can view the amendment here.

Question:

Would the County be amenable to modifying the following recital (within the personal service contract) to succinctly define this standard of care in order to mitigate any potential for uninsured claims in this regard?

WHEREAS, Consultant represents that it has personnel with the skills, expertise, and qualifications to perform the project and additional services set out in the RFP consistent with Consultant’s Proposal.  The standard of care for all professional services performed by Consultant under this Contract will be the care and skill used by members of Consultant’s profession practicing under similar circumstances at the same time and in the same locale.

Would the County be amenable to modifying the indemnification language (within the personal service contract) as follows which serves to bifurcate professional liability claims and other liability claims?

8. INDEMNITY

Consultant to Indemnify County. Consultant shall defend, save, hold harmless, and indemnify the County and MCOACS their officers, employees, agents, and members, from all claims, suits, torts, actions, losses, costs, damages, liabilities, expenses and attorney fees of any nature whatsoever: (i) resulting from or arising out of the negligent or tortious activities, actions, omissions, or willful misconduct services or operations of Consultant or its officers, employees, subcontractors, or agents under this Contract.  Relative to professional liability claims, Consultant has no obligation to defend or pay indemnitee defense costs incurred prior to a final determination of liability or to pay any amount that exceeds the proportionate share of Consultant’s finally determined percentage of liability as determined by a court of competent jurisdiction.

At a minimum, County should modify this language to ensure it is consistent with state anti-indemnification statutes:

Consultant to Indemnify County. To the extent allowed by law, Consultant shall defend, save, hold harmless, and indemnify the County and MCOACS their officers, employees, agents, and members, from all claims, suits, torts, actions, losses, costs, damages, liabilities, expenses and attorney fees of any nature whatsoever: (i) resulting from or arising out of the activities, actions, omissions, services or operations of Consultant or its officers, employees, subcontractors, or agents under this Contract.

Answer:

Yes, the proposed changes would be acceptable