METROPOLITAN COMMUNITY COLLEGE
All Campuses & Administrative Center
3200 Broadway Kansas City, MO 64111
REQUEST FOR PROPOSAL (RFP) # 16-7121-CP
COMPREHENSIVE CLASSIFICATION & COMPENSATION STUDY
TABLE OF CONTENTS
PART I – RFP INFORMATION, INSTRUCTIONS, FORMS
REQUEST FOR PROPOSAL
PROFILE OF METROPOLITAN COMMUNITY COLLEGE
GENERAL INSTRUCTIONS AND CONDITIONS
TIMELINE
SCOPE OF WORK
MINIMUM REQUIREMENTS
SPECIFIC REQUIREMENTS
PROPOSAL REQUIREMENTS
PROPOSAL FORMAT
EVALUATION CRITERIA
PROPOSAL FEE SCHEDULE FORM
PART II – CONTRACT DOCUMENTS, REQUIRED AFFIDAVITS, STANDARD CONTRACT
(sample)
GENERAL TERMS AND CONDITIONS
FORM: M/WBE PARTICIPATION FORM
FORM: FEDERAL WORK AUTHORIZATION PROGRAM (“E-VERIFY”) ADDENDUM
FORM: FEDERAL WORK AUTORIZATION PROGRAM AFFIDAVIT
FORM: RESPONSE CERTIFICATION
STANDARD CONTRACT (sample)
PART III – ACKNOWLEDGEMENT OF RECEIPT
ACKNOWLEDGEMENT OF RECEIPT FORM (Return Completed Form to MCC
immediately)
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Comprehensive Classification & Compensation Study
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PART I
RFP INFORMATION, INSTRUCTIONS, FORMS
REQUEST FOR PROPOSAL
Metropolitan Community College (MCC), a public community college district and political
subdivision of the State of Missouri, located in Kansas City, Missouri is requesting proposals for
consulting services to conduct a districtwide Classification & Compensation Study for the purpose
of selecting a qualified firm to review and update MCC’s compensation and job classifications for
all positions across all five MCC campuses and one MCC administrative center.
MCC has a strong presence in the local market and wants to be competitive with both pay and
benefits. We are seeking to adopt a plan that will keep MCC competitive in the marketplace, while
retaining and recruiting quality employees.
PROFILE OF METROPOLITAN COMMUNITY COLLEGE
MCC began in 1915 as the Kansas City Polytechnic Institute and enrolled 125 students the first
semester. Today, MCC is the largest higher education institution in the metropolitan area. MCC
has five campuses – Blue River, Longview, Maple Woods, Penn Valley and Business &
Technology – that serve 37,000 students annually through credit and non-credit courses and
business services. More information about MCC can be found at www.mcckc.edu.
MCC is a comprehensive community college committed to serving the current and emerging
needs of the residents of the Kansas City area for higher academic education,
technical/vocational education and lifelong learning. MCC is considered a leader among
community colleges offering transfer college degree programs that cover the first two years of a
four-year degree and 80 career programs that provide quick entry into the workforce.
GENERAL INSTRUCTIONS AND CONDITIONS
1. The Purchasing Department of MCC is the issuing department for this document and
all subsequent addenda relating to it. Your sealed proposal must be received no later than
11:00 AM, Central Time on March 15, 2016. Proposals received after this deadline will be
considered late and ineligible for consideration. The envelope must be labeled “RFP # 167121-CP Comprehensive Classification & Compensation Study. Please include an
electronic version of your proposal. Deliver/send t o Diane Pacheco, Purchasing Manager,
Administrative Center, 3200 Broadway, Kansas City, MO 64111-2429. Hand delivered
proposals must be logged in (indicating date and time received) with the public safety
officer located in the lobby.
2. Any exceptions taken to the terms, conditions, or specifications of the RFP, including without
limitation the General Terms and Conditions and the sample Standard Contract, must be
clearly noted in the proposal as follows: Exceptions to RFP # 16-7121-CP. If not so noted,
then the contractor expressly agrees to the terms, conditions and specifications of the Request
for Proposal (RFP) in its entirety and any exception subsequent to the submittal of the proposal
will be held invalid and/or cause for MCC to reject the proposal, in whole or in part, at the sole
discretion of MCC.
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3. Services shall not be subcontracted or a s s i g n e d , in whole or in part, without the
express written consent of MCC. Areas of work that cannot be accomplished by the
contractor must be identified in the proposal, including the identification of businesses to be
used. However, ultimate responsibility for the goods/services and all obligations relating to
the goods/services will remain with the successful contractor.
4. It is the responsibility of each contractor to become familiar with the requirements of
this proposal. Lack of knowledge concerning the proposal’s requirements will not relieve the
contractor of conditions submitted in response to the proposal.
5. In the event that it becomes necessary to revise this proposal in whole or in part, an addendum
will be provided to all contractors on record as having received the proposal. MCC strives to
notify all prospective contractors of any issued addenda. Return the attached
Acknowledgement of Receipt (last page of this document) to receive updates. It is important
to note, however, that it remains the responsibility of the respondent to determine if any
addenda have been issued and to obtain those addenda prior to submitting their proposal.
6. An oral presentation by the contractor to supplement the proposal may be required. Each
contractor should be prepared to give an oral presentation of their proposal and a detailed
analysis of how each of the requirements described in this RFP will be addressed. MCC will
make a decision regarding presentations after the initial review of proposals and will notify
contractors if presentations are required.
7. MCC will not be liable for any costs that a contractor may incur in the preparation of or
presentation of the proposal.
8. Proposal must be dated and signed by an official authorized to bind the contractor to its
provisions. Proposal must remain in force for at least ninety (90) days from the date for
submission of proposal.
9. No communication will take place between contractors and MCC during the RFP
process, except in writing. Questions regarding the RFP process should be emailed to
Purchasing.info@mcckc.edu. Questions must be received by noon, February 26, 2016.
Response proposals will be compiled and shared with all contractors on record with interest
in participating. Please complete the Acknowledgement of Receipt (last page of this
document) to be informed.
10. MCC reserves the right to waive any informality and to reject any or all proposals and/or to
cancel this request for proposal. MCC also reserves the right to make multiple awards. The
award(s) shall be made based on the proposal(s) that serves the best interest of MCC and
will not be evaluated solely on a monetary basis. Each proposal should be submitted based
on the most favorable terms, from a price and services standpoint, which the contractor can
submit to MCC. No contract award shall exist until executed in writing.
11. Any proposal may be withdrawn at any time prior to the time specified herein for the opening
of proposals, but no proposal may be withdrawn for a period of ninety (90) days thereafter.
12. In all cases, no verbal communication will override written communication and only written
communications are binding.
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13. MCC shall not be obligated to return the contractor’s proposal once submitted, whether
the proposal is withdrawn or not.
14. Contractor will be required to comply with the General Terms and Conditions, as well as
state any objections to the terms of the sample Standard Contract, collectively attached
hereto in Part II.
15. A 5% preference shall be granted to all firms, corporations or individuals doing business as a
Missouri firm, corporation or individual provided the additional cost to the District does not
exceed $500.
16. Contractors must indicate their Minority and Women Business Enterprises participation levels
committed to this project on the M/WBE Participation Form, attached hereto in Part II.
17. After awarding of the RFP and signing of an agreement, as per the terms of such agreement,
contractor shall issue invoices via email to purchasing.info@mcckc.edu or mail them to
Metropolitan Community College, Purchasing Department, 3200 Broadway, Kansas City,
Missouri 64111.
TIMELINE
An overview of the process and proposed timeline for the engagement is provided below:
Scheduled Task
Due Date
RFP Issued
February 18, 2016
Written RFP questions submitted to MCC by
noon.
Proposals Due
February 26, 2016
Selected Firm Presentations
April 7, 2016 2-4 PM or April
8, 2016 10:30AM – 12:30PM
April 11, 2016
April 21, 2016
MCC evaluation completed
Recommended for award to Board of
Trustees
Notification of award to successful firm(s)
March 15, 2016 11:00AM
April 29, 2016
SCOPE OF WORK
Metropolitan Community College’s goal is to ensure a fair and equitable compensation system is
in place. The Classification & Compensation Study will address changes in the MCC’s operations
and staffing over the past several years, such as a significant number of early retirees, which
may have affected the type, scope and level of work being performed.
The Study shall evaluate MCC’s overall classification and salary schedule. Schedules of salary
and conditions for employee groups were developed in the early 1990s and MCC is currently
using the recommended point system to review positions and assign points. A new salary
schedule may be needed to revise the number of grades and provide an updated rationale for
certain positions.
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The objective is to have a credible Classification & Compensation Plan that recognizes the
changes in MCC operations; ensures positions performing similar work with essentially the same
level of complexity, responsibility, and knowledge, skills and abilities are classified together;
provides salaries commensurate with assigned duties; clearly outlines promotional opportunities
and provides recognizable compensation growth; provides justifiable pay differential between
individual classes; validates or creates appropriate job descriptions and maintains currency with
relevant labor markets. The recommended compensation plan and salary range assignment for
each position shall reflect the results of the market survey and use the data to identify benchmark
jobs found in similar public sector and private sector organizations within greater Kansas City
region. The Study will complete an internal salary relationship analysis, including development
of appropriate internal relationship guidelines based on position alignments, reporting
relationships and organizational structure. The Contractor is also expected to prepare an
analysis outlining the fiscal impact of recommendations.
Any recommended changes to MCC’s pay structure (grades/classification groups and pay
ranges) shall be in line with current regulatory changes and requirements in the law. Salaries
and wages shall be externally competitive and demonstrate an internally equitable wage scale.
The review of all job descriptions and job functions shall include a review of each job for internal
equity and external competitiveness.
Overall, MCC has over 800 full-time employees.
The current schedules of salary and conditions are effective for the following employee groups:
Officer, Administrator, Regular Full-time Faculty, Special Services Administrator, Regular FullTime Staff, Regular Part-Time Staff, and Flexible Part-Time Staff.
The current personnel categories are as follows: Professional Personnel, Officers,
Administrators, Full-time Faculty, Part-time Faculty, Staff Personnel, Temporary Staff Personnel,
Special Services Projects – Management Personnel, Temporary Faculty Member, and Adjunct
Faculty.
Benefit classifications are as follows: Officer, Administrator, Special Services Administrator, FullTime Faculty, Full-Time Staff, Flexible Part-Time Staff, and Regular Part-Time Staff.
1. Assessment Services. The project shall include, but is not limited to, a preliminary
assessment of all positions currently treated as exempt to determine whether they would be
impacted by FLSA proposed changes and whether any potential duties test changes could
similarly impact positions, regarding Full-Time Staff shall include the following:
a) Classification Plan
b) Compensation survey
c) Study Conclusion
1.1.
Classification Plan
a) Contractor to meet with MCC’s Human Resources Department to discuss study and
agree on methodology and Position Description Questionnaire (PDQ) to be used.
b) Contractor to meet with MCC leadership to explain study and processes to be used.
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c) Contractor to meet with employees in the five (5) campus locations and one (1)
Administrative Center to explain the study, methodology and PDQ.
d) Employees to complete PDQs; supervisors, managers and/or directors review and
comment (not change). Copies of the completed PDQs will be returned to employees
following supervisor, manager and/or department director review and comment.
e) Contractor to conduct interviews and/or job audits as appropriate. Interviews and/or
job audits may be conducted individually or in groups based upon classification.
f)
Contractor to compare PDQ, interview and job audit results to existing job descriptions.
g) Contractor to update and/or create class specifications as needed to uniformly reflect
distinguishing characteristics, essential job functions, minimum qualifications, working
conditions, license requirements, regulatory requirements, standby/call-out
responsibilities, etc., for all classifications.
h) Contractor to identify management, supervisory, professional, technical, and general
employees, including FLSA status (exempt/non-exempt).
i)
Contractor to draft and submit proposed class specifications for review by MCC.
Contractor will recommend, if appropriate, classification series and levels within series
(i.e. I, II, Senior/Lead, etc.), and revised job descriptions.
j)
Contractor to present job descriptions and proposed class specifications to employees
and supervisors for review, and to receive and incorporate input prior to classification
determination.
k) Contractor to finalize class specifications and recommend appropriate classification
for each employee group, including correction of identified discrepancies between
existing and proposed classification and job description.
l)
1.2.
Contractor to propose career ladders/promotional opportunities for each classification.
Compensation Survey
a) Contractor to survey the greater Kansas City region, including Independence MO and
Lee’s Summit MO.
b) Contractor to conduct salary survey by comparing monthly maximum base salary for
each existing classification Included in the survey will be the benefit structure for the
selected agencies.
c) Contractor to recommend appropriate salary range for each existing or proposed
position based on the Classification Plan and on the compensation survey results, and
internal relationships and equity.
d) Contractor to recommend salary range for each position based on median and mean
salary of the comparable cities. In addition, Contractor will prepare a new salary step
plan using existing MCC salary/step plan.
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1.3.
Study Conclusion
a) Contractor to prepare written report of recommendations, including discussion of
methods, techniques and data used to develop the Classification & Compensation
Plan.
b) Contractor to provide instructional information to allow MCC’s Human Resources
Department to conduct individual salary audits and adjustments consistent with study
methods.
c) Contractor to attend meetings, if requested, throughout the process with employees,
the Chancellor and/or the Officer Group to explain methodology, survey results and
recommendations. The Contractor should also budget for at least four (4) meetings
with various governance groups.
d) Contractor to provide implementation options and procedures, to include
recommendations on implementing a tool or system that could be used in classifying
new and/or future classified level positions.
e) The Contractor is also expected to prepare an analysis outlining the fiscal impact of
recommendations.
2. Methodology. The Contractor will propose the methodology for this Study. The proposed
methodology will include how to conduct an Employee Survey with Position Description
Questionnaires (PDQ) and a Market Rate Survey.
3. Timetable.
Phase I – Project Initiation and Strategy/Philosophy Development. This phase includes a
review of MCC’s current classification and compensation philosophy and development of a
proposal for new or revised philosophy.
Phase II – Job Analysis and Staffing Study. Job descriptions will be reviewed and updated to
reflect FLSA requirements and inclusion of duties or responsibilities based on employee
questionnaires.
Phase III – Market Study. This phase examines MCC faculty, administrators and staff pay
and staffing levels of similar jobs at comparable colleges and local jurisdictions as well as
employers in the applicable private and public sector market sectors.
Phase IV – Final Report. This phase will provide information needed to proceed with changes
to MCC’s compensation system based on the study outcomes.
MINIMUM REQUIREMENTS
1. Licensed to do business in the State of Missouri (provide copy of Certificate of Good Standing
from Missouri Secretary of State).
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2. Must exhibit experience in the field (minimum 5 years).
3. Must submit a completed, signed pricing schedule.
SPECIFIC REQUIREMENTS
1. Must utilize only experienced, responsible and capable personnel in performance of the work.
2. Must perform all work required under this contract in a manner consistent with the highest
industry standards.
3. Must be able to perform the services described in Scope of Work section.
4. Must be able to meet deadline due dates as determined by MCC.
PROPOSAL REQUIREMENTS
Proposal must address the following:
A. Description of Firm
1.
Describe firm and its ability to provide the services requested. Give the name and
qualifications of the manager/supervisor who will be assigned on behalf of any
resultant contract.
2. Submit resumes for key personnel who may be involved with the contract.
3. Give the names, addresses and telephone numbers of at least two (2) companies or
educational institutions for whom you have provided similar services in the last three
(3) years. Please provide references for each component of the scope of work being
proposed to MCC.
B. Qualifications
1. Provide a statement outlining the understanding and knowledge of the services
required for an institution of higher learning.
2. Provide examples of work experience that demonstrates thorough knowledge of the
services.
3. Provide a pricing schedule.
PROPOSAL FORMAT
It is the purpose of this RFP to obtain as much complete data as possible to enable MCC to
determine which offer is best able to serve all the criteria that are to be considered for
the resulting purchase. To this end, each prospective contractor shall furnish, as a part of its
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proposal, a complete general description of capabilities in the field of employment classification
and compensation evaluation.
Response proposals to the required information shall be submitted in the following format:
1. Cover letter (not to exceed three pages) including introductory comments, along with key
points of the proposal.
2. Provide contractors background information in the following areas:

Provide background on the contractor’s business and operations including:
 Size and scope of contractor’s business
 Example customers where contractor provides services similar in nature and
scope to those outlined in this request.
 Outline of key partnerships (if any) that will contribute to the performance of the
services
 Contractor’s qualifications and differentiators
 Description of contractor’s technical and service capabilities
 List of all quality certifications
3. Provide disclosures and declarations related to the following areas:


The name, nature of the relationship, and the scope of the activities for any third
party that the contractor is dependent on to provide services defined herein.
Exclude normal purchasing relationships with contractors providing hardware and
software or typical products and services (i.e. maintenance contracts).
Provide a list of all entities with which contractor has relationships that create, or
appear to create, a conflict of interest with the work that is contemplated in this
request. The list should indicate the name of the entity, the relationship, and a
description of the conflict.
4. A statement of who can represent and bind the contractor to an agreement, including the
name, title, full address, telephone number and facsimile number of the designated person.
5. Provide a Scope of Work with a full description of what contractor feels would be required to
complete the services to include:




Describe the project approach and methodology to be undertaken;
Proposed a timetable for the project;
Identification of personnel who will be designated to work with MCC, including
experience, qualifications and credentials of those personnel; and
An organizational chart showing assigned responsibilities and chain of command.
6. All costs associated with providing the services described, including travel expenses, if
applicable, third party contractor costs (i.e. printing, media placement), and annual consulting
fees. Provide a prosed fee schedule in billable hour format for all personnel proposed for the
plan year, along with a maximum number of hours that is not to be exceeded for the year.
7. A minimum of three (3) client references, preferably multi-campus higher education
institutions, which shall include name of organization, contact person and telephone number.
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References provided should be able to speak to proposed key team members’ knowledge,
quality of work, timeliness and ability to meet budget constraints.
EVALUATION CRITERIA
1. General quality and responsiveness:
 Understanding of the requirements of the RFP as evidenced by the proposal and
the ability of the provider to deliver the required services.
 The scope of the services offered and the extent to which they meet or exceed
2. Submission of information in the following areas:
 Qualifications of the firm and key personnel
 Firm’s responsiveness to proposal requirements as listed.

References - level of satisfaction of present and former customers with accounts
of similar size and complexity.
3. Estimated cost as compared to other proposals.
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PROPOSAL FEE SCHEDULE FORM
Services
Price per hour
By signing below, I am certifying that I am submitting this proposal as an authorized
representative of the below-named contractor, have thoroughly reviewed and understand the
terms and conditions of the RFP, and am submitting the proposal accordingly.
Dated this
day of
, ____.
(Authorized Representative Signature)
(Authorized Representative Name/Title)
(Company Name)
(Address)
(City, State, Zip)
(Phone Number/Fax Number)
(Email Address)
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE RFP.
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PART II
CONTRACT DOCUMENTS, REQUIRED AFFIDAVITS, STANDARD CONTRACT (sample)
GENERAL TERMS AND CONDITIONS
1.
Contract Documents. This RFP, including these General Terms and Conditions,
Contractor’s response proposal, including without limitation any completed forms required by
Contractor under the RFP, and MCC’s Notice of Award letter shall form a binding agreement and
shall be made a part of any Agreement (“Agreement” or “Contract”) executed between MCC and
the selected Contractor regarding the subject matter herein.
2.
Governing Law. Any Contract issued as a result of this RFP shall be constructed
in accordance with the laws of the state of Missouri.
3.
Sovereign Immunity. MCC, due to its status as a political subdivision of the state
of Missouri and its entitlement to sovereign immunity, is unable to accept contract provisions that
require the indemnification of others. Any indemnity language in proposed terms and conditions
will be modified to conform to language acceptable to MCC.
4.
Rules and Regulations. Contractor covenants and agrees that Contractor shall
observe all MCC policies and procedures, as well as all rules, regulations, and security
requirements concerning the safety of persons and property.
5.
Non-Discrimination. MCC is an equal opportunity/affirmative action employer. If
applicable, Contractor, in performing the work required by the Agreement, agrees to comply with
the applicable provision of Executive Order 11246 issued by the President of the United States,
September 24, 1965, and the applicable provisions of the Vietnam Era Veterans Readjustment
Assistance Act of 1974 and the Rehabilitation Act of 1974, all as amended, and to comply with
the Rules and Regulations issued thereunder, as set forth at 41 CFR § 10.1-4(a), and 41 CFR §
60-250. Contractor agrees not to discriminate against any employee or applicant for employment
because of race, color, religion, age, sex, sexual orientation, gender identity, disability, national
origin, veteran status or any other status protected by applicable law. This Contractor and
subcontractor shall also abide by the requirements of 41 CFR § 60-300.5(a), and 41 CFR §
60-741.5(a). These regulations prohibit discrimination against qualified protected veterans
and qualified individuals on the basis of disability and require affirmative action by
covered prime contractors and subcontractors to employ and advance in employment
qualified protected veterans and individuals with disabilities.
6.
Independent Contractor. The Contractor represents and warrants that it is now
and shall remain a separate and independent entity from MCC.
7.
Compliance with Laws. Contractor represents and warrants that Contractor shall
observe, perform, and comply with all federal, state, and local laws, ordinances, rules, regulations,
and all amendments thereto which in any manner may affect the operations and activities
undertaken by Contractor pursuant to the Agreement.
8.
Employee Eligibility Verification. If a contract will exceed $5,000, Contractor
shall execute and submit an affidavit, in a form prescribed by MCC and included in this RFP,
affirming that Contractor does not knowingly employ any person in connection with the contracted
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services who does not have the legal right or authorization under federal law to work in the United
States as defined in 8 U.S.C. §1324a(h)(3). Contractor shall attach to the affidavit documentation
sufficient to establish Contractor’s enrollment and participation in an electronic verification of work
program operated by the United States Department of Homeland Security to verify information of
newly hired employees, under the Immigration and Reform and Control Act of 1986. Contractor
may
obtain
additional
information
about
E-Verify
and
enroll
at
https://everify.uscis.gov/enroll/StartPage.aspx?JS=YES.
9.
No Debarment. Contractor represents that it is not debarred or suspended from
doing business with the federal government and/or any state government, and shall notify MCC
if it becomes debarred or suspended during the Term of the Agreement.
10.
Immigration Law Compliance. Contractor certifies and agrees that:
10.1. Contractor does not knowingly or intentionally employ individuals who are
ineligible to work in the United States in violation of any federal or applicable state or local
laws;
10.2. Any Contractor employee assigned to perform services under this
Agreement has satisfied federal I-9 requirements and, to the best of Contractor's
knowledge is lawfully present in the United States;
10.3. Contractor does not have any knowledge that any Contractor employee
assigned to perform services under this Agreement is ineligible to work in the United
States;
10.4. Contractor is enrolled in and participates in a federal work authorization
program as required by Missouri law, RSMo 295.525 and .530;
10.5. Contractor will immediately notify Owner of any investigation or legal
proceeding involving the federal or state government or of any requests by the U.S.
Immigration and Customs Enforcement to inspect Contractor's I-9 or other employment
records;
10.6. Contractor agrees to indemnify Owner for any fines, legal fees, or other
costs incurred because of investigations into the status of Contractor's employees or
whether Contractor's employees are authorized to work in the United States; and
10.7. Contractor agrees to complete and return with Contractor’s RFP response
proposal a Federal Work Authorization Program (“E-Verify”), and Affidavit.
11.
Appropriations. MCC is a political subdivision of the state of Missouri and as
such cannot create indebtedness in any one year above what it can pay out of the annual income
of said year. Should MCC determine it has not received adequate appropriations budget
allocations income to enable it to meet the terms of this Contract, MCC reserves the right to cancel
this Contract with a 30 days’ notice. Multi-year term and supply contracts and leases and the
exercise of options to renew are subject to annual appropriations.
12.
Disclosure of Proprietary / Confidential Information.
12.1. Proprietary / Confidential Information. A contractor may restrict the
disclosure of software codes, records relating to the configuration of computer
components and/or the operation thereof, and intellectual property in which it has a
proprietary interest but only if such information is defined as a "closed" record under
Missouri law, including, but not limited to, one or more subsections of Section 610-021,
RSMo. In order for any such information or record to be closed, each page of each such
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document must include in at least sixteen (16) point bold font the words “Proprietary
Information.” After either a contract is executed pursuant to the RFP or all proposals are
rejected, if access to documents so marked is requested under the Missouri Sunshine
Law, MCC will notify the Contractor(s) of the request, and it shall be the burden of each
Contractor to establish that the Contractor's documents are exempt from disclosure by law
as aforesaid. If the Contractor shall not cooperate with MCC after notice as provided
herein, MCC may, in its sole discretion, disclose the Contractor's
documents/records/information to the requester without liability to the Contractor for any
such disclosure under any theory of common or statutory law. Notwithstanding the
foregoing, in response to a formal request for information, MCC reserves the right to
release any documents, records and/or information which MCC determines is a public
record subject to disclosure pursuant to the Missouri Sunshine Law.
12.2. Exceptions to Confidentiality Obligations. Notwithstanding the
foregoing, each party's obligations of confidentiality will not include information which at
the time of disclosure was in the public domain other than by Contractor’s or MCC’s
breach of this Agreement; or which, after such disclosure, immediately becomes
generally available to the public other than through any act or omission of the Contractor
or its employees, representatives, agents, subcontractors, or contractors; is rightfully
furnished to Contractor or MCC without restriction as to use or disclosure by a third party
authorized to make such disclosure; or is information that was independently developed
by Contractor or MCC without reference to Confidential Information; or which is required
to be disclosed by a court of competent jurisdiction, provided that prior written notice of
such disclosure is furnished to MCC in a timely manner in order to afford MCC the
opportunity to seek a protective order against such disclosure and the disclosure is strictly
limited to the information that the court requires.
12.3. Remedies for Disclosure. The Contractor understands and agrees that
any unauthorized disclosure or use of any confidential information as provided under this
section may result in MCC seeking injunctive relief. The Contractor agrees to give prompt
notice to MCC of any unauthorized disclosure, use, or misappropriation of any
confidential information and take all steps as requested by MCC to limit, stop, or otherwise
remedy the disclosure, use, or misappropriation of any confidential information. All steps
taken by the Contractor hereunder relating to remedy shall be at its sole expense.
12.4. Return of Confidential Information. After expiration or termination of this
Agreement, the Contractor must return all confidential information given to or
generated by it hereunder within five (5) days of written request. The Contractor agrees
that it will comply with the instructions MCC regarding the return or disposition of the
confidential information, including any copies or reproductions.
13.
Warranty. The Contractor expressly warrants that all equipment, products,
materials, supplies and/or services provided shall: a) based on a manner consistent with the
highest degree of care, diligence, and skill; b) conform to each and every specification, drawing,
sample or other description furnished to or adopted by MCC; c) be fit and sufficient for the purpose
expressed in the RFP; d) be merchantable; e) be of good materials and workmanship; and f) be
free from defect for a period of one year after acceptance of each project. If software is applicable
to RFP specifications, Contractor represents and warrants that, upon delivery and installation of
the Software and for the duration of the Agreement, the Software shall conform in all material
respects to the applicable Specifications. Contractor represents and warrants that the
Documentation furnished by Contractor to MCC will include complete, accurate and current
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descriptions of the Software’s functionality, features, terminology and operation as well as
formats, tables and dictionaries for data and files necessary for the Software’s operation, and
training as provided for herein. Contractor represents and warrants that it has full power and
authority to grant the rights granted to MCC with respect to the Products without the consent of
any third party or such consent has been obtained and that the Products furnished hereunder will
not infringe or violate any copyright, trade secret, trademark, patent or other intellectual property
rights of any third party; and there is no litigation pending against Licensor or its licensors which
would limit, restrict or prevent MCC’s use of the Products. Contractor’s obligation and liability, and
MCC’s remedy, with respect to any breach of the foregoing warranty shall be for Contractor to
provide at no charge to MCC the services required to make the Software operate as warranted;
however, if in Contractor’s reasonable judgment, repair or replacement is not possible or
practicable, Contractor shall refund to MCC the total amount of fees paid for the Software and
related Professional Services under the Agreement.
14.
Inventions, Patents, and Copyrights. The Contractor shall pay for all royalties,
license fees, patent or invention rights, or copyrights and defend all suits or claims for
infringements of any patent or invention rights, or copyrights involved in the items furnished
hereunder. The Contractor shall defend, protect, and hold harmless MCC, its officers, agents,
servants, and employees against all suits of law or in equity resulting from patent and or copyright
infringement concerning the contractor’s performance or products produced under the terms of
the contract. Copyrights for any item developed for MCC shall be the property of MCC and inure
to its benefit and the Contractor shall execute such documents as MCC may require for the
perfection thereof.
Indemnification. Contractor shall indemnify, defend, and hold MCC, MCC’s
trustees, officers, employees, agents, and representatives harmless against any and all claims,
demands, suits, costs, judgments, or other forms of liability, actual or claimed, including
reasonable attorneys’ fees, for injury or damage to persons or loss or damage to property
occurring or allegedly occurring in connection with any action, inaction, or conduct committed by
Contractor or by Contractor’s officers, directors, employees, students, volunteers, agents, or
representatives during the term of this Agreement.
15.
16.
No Waiver. The foregoing provision shall not be deemed a relinquishment or
waiver of any kind of applicable limitations of liability provided or available to MCC under
applicable Missouri governmental immunities law.
17.
Sole Property of MCC. All work performed during the duration of a contract will
be deemed to be the sole property of MCC and the contractor will have no rights in such work
unless MCC has provided contractor with expressed written rights. Upon request, contractor will
relinquish all types and forms of works created under the performance of the contract.
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Minority and Women Business Enterprise Participation
It is the practice of Metropolitan Community College (MCC) to ensure full and equitable economic
opportunities to persons and businesses that compete for business with the College, including
Minority and Women Business Enterprises (M/WBEs).
MCC encourages M/WBE participation in contracts for goods and services by firms that are
certified. MCC accepts certifications provided by those entities identified on the page in this
document titled “Certifying M/WBE Agencies”. This may either be by the primary contractor being
a certified M/WBE or by the utilization of qualified subcontractors, contractors, joint ventures or
other arrangements that afford meaningful opportunities for M/WBE participation. Work
performed by M/WBEs must provide a commercially useful function related to the delivery of the
service/product required herein. Second tier participation where contractors generally provide
supplies to a corporation but that are not directly related to this contract does not qualify as
meaningful participation. MCC will consider certifications from agencies not located in Missouri
for M/WBEs not located in Missouri with the approval of the Purchasing Manager.
M/WBE means a business that is a sole proprietorship, partnership, joint venture or corporation
in which at least fifty-one percent (51%) of the ownership interest is held by minorities or women
and the management and daily business operations of which are controlled by one or more
minorities or women who own it. Minority is defined as belonging to one of the following racial
minority groups: African Americans, Native Americans, Hispanic Americans, Asian Americans,
American Indians, Eskimos, Aleuts and other groups that may be recognized by the Office of
Advocacy, United States Small Business Administration.
Contractors must indicate their MBE and WBE participation levels committed to this project on
the “M/WBE Participation Form” included in this document. The names and percent participation
of each MBE and WBE should also be provided on this form.
The contractor shall provide annual reports (or more frequently if requested) of the financial
participation of M/WBEs. The report shall include the name(s) and address(es) of the certified
M/WBEs, products or services provided and the total dollar amount or percentage of
utilization. The annual report shall also include, separately, all second tier participation the
contractor may have.
MCC will monitor the contractor’s compliance in meeting the M/WBE participation levels
committed to in the awarded proposal. If the contractor's payments to participating M/WBEs are
less than the amount committed to in the contract, MCC may cancel the contract or suspend or
debar the contractor from participating in future contracts.
If a participating M/WBE fails to retain their certification or is unable to satisfactorily perform, the
contractor must obtain other certified M/WBEs to fulfill the M/WBE participation requirements
committed to in the awarded proposal. The contractor must obtain the written approval of the
Purchasing Manager for any new M/WBE participants.
This approval shall not be arbitrarily withheld. If the contractor cannot obtain an M/WBE
replacement, the contractor must submit documentation to the Purchasing Manager detailing all
efforts made to secure an M/WBE replacement. The Purchasing Manager shall have sole
discretion in determining if the actions taken by the contractor constitute a good faith effort to
secure the participation of M/WBEs and whether the contract will be amended to change the
M/WBE participation commitment.
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MBE/WBE PARTICIPATION FORM
If proposing MBE/WBE participation, the contractor must indicate below the percentage of
qualified MBE and WBE participation committed to in relation to the total dollar value of the
contract regardless of whether the contractor is awarded one, some or all of the categories
being proposed. Overall, the MBE and WBE participation must not be contingent upon award
of a specific category and the contractor, if awarded a contract, must be able to achieve
the stated participation for the resulting contract regardless of the categories awarded or not
awarded. The contractor must be able to achieve participation stated below for the total
value of the awarded contract(s). If the contractor is a qualified MBE and/or WBE, the
contractor may indicate 100% participation.
The contractor is committed to the following MBE and WBE participation on this RFP:
Total MBE Participation
% Total WBE Participation
%
Complete the following table indicating the firms used to meet the participation levels indicated.
MBE Firm Name
MBE % of
Contract
WBE Firm Name
WBE % of
Contract
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE RFP.
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FEDERAL WORK AUTHORIZATION PROGRAM (“E-VERIFY”) ADDENDUM
For Contracts with The Junior College District of Metropolitan Kansas City, Missouri aka
Metropolitan Community College, a public community college district and political subdivision of
the State of Missouri (“MCC”). Pursuant to Missouri Revised Statute 285.530, all business entities
awarded any contract in excess of five thousand dollars ($5,000) with a Missouri political
subdivision must, as a condition to the award of any such contract, be enrolled and participate in
a federal work authorization program with respect to the employees working in connection with
the contracted services being provided, or to be provided, to MCC (to the extent allowed by EVerify). In addition, the business entity must affirm the same through sworn affidavit and provision
of documentation. In addition, the business entity must sign an affidavit that it does not knowingly
employ any person who is an unauthorized alien in in connection with the services being provided,
or to be provided, to MCC.
Accordingly, your company:
(a)
Agrees to have an authorized person execute the attached “Federal Work Authorization
Program Affidavit” and deliver the same to MCC prior to or contemporaneously with the execution
of its contract with MCC;
(b)
Affirms it is enrolled in the “E-Verify” work authorization program in the United States, and
is participating in E-Verify with respect to your employees working in connection with the services
being provided (to the extent allowed by E-Verify), or to be provided;
(c)
Affirms that it is not knowingly employing any person who is an unauthorized alien in
connection with the services being provided, or to be provided, by your company to the district.
(d)
Affirms you will notify MCC if you cease participation in E-Verify, or if there is any action,
claim or complaint made against you alleging any violation of Missouri Revised Statue 285.530,
or any regulations issued thereto;
(e)
Agrees to provide documentation of your participation in E-Verify to MCC prior to or
contemporaneously with the execution of its contract with MCC (or at any time thereafter upon
request by MCC), by providing to MCC an E-Verify screen print out (or equivalent documentation)
confirming your participation in E-Verify;
(f)
Agrees to comply with any state or federal regulations or rules that may be issued
subsequent to this addendum that relate to Missouri Revised Statute 285.530; and
(g)
Agrees that any failure by your company to abide by the requirements a) through f) above
will be considered a material breach of your contract with MCC.
By:
(Signature)
Name and Title:
For and on behalf of:
(Company)
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE RFP.
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FEDERAL WORK AUTORIZATION PROGRAM AFFIDAVIT
I, ___________________, being of legal age and having been duly sworn upon my oath,
state the following facts are true:
1.
I am more than twenty-one years of age; and have first-hand knowledge of the
matters set forth herein.
2.
I am employed by _______________________________(“Company”) and have
authority to issue this affidavit on its behalf.
3.
Company is enrolled in and participating in the United States E-Verify federal work
authorization program with respect to Company’s employees working in connection with the
services Company is providing to, or will provide to MCC, to the extent allowed by E-Verify.
4.
Company does not knowingly employ any person who is an unauthorized alien in
connection with the services Company is providing to, or will provide to, the MCC.
FURTHER AFFIANT SAYETH NOT.
By:
(Signature)
Name/Title:
On Behalf of:
(Company)
STATE OF ___________ )
) ss.
COUNTY OF __________)
Submitted and sworn to before me this ____ day of _______ , 201___.
__________________________________
Notary Public
__________________________________
Print Notary Name
My commission expires:
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE RFP.
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RESPONSE CERTIFICATION
Explanation: This certification attests to the Contractor’s awareness and agreement to the
content of the RFP and all accompanying provisions contained herein.
Action: The Contractor ensures that the following certificate is duly completed and correctly
executed by an authorized officer of your company.
This Proposal submission is submitted in response to a Request for Proposal issued by
Metropolitan Community College. The undersigned, as a duly authorized officer, hereby certifies
that ____________________________________________ (Contractor Name) agrees to be
bound by the content of this RFP and agrees to comply with the terms, conditions and provisions
included herein and any addenda. Exceptions are to be noted as stated in the RFP.
The undersigned certifies that to the best of his/her knowledge: (check one)
(
) There is no officer or employee of Metropolitan Community College who has, or whose
relative has, a substantial interest in this Contract award.
( ) The names of any and all public officers or employees of Metropolitan Community College
who have, or whose relative has, a substantial interest in any Contract award preceding this
response are identified by name as part of this submittal.
The undersigned further certifies that he/she and/or the applicable entity (
) IS OR (
) IS
NOT (check one) currently debarred, suspended, or proposed for debarment by any federal entity.
The undersigned agrees to notify Metropolitan Community College of any change in this status,
should one occur, until such time as an award has been made under this procurement action.
Person(s) authorized to negotiate in good faith on behalf of this Contractor for purposes of this
Request for Proposal are:
Name: ____________________________________ Title: __________________________
Signature: _________________________________ Date: __________________________
Name: ____________________________________ Title: __________________________
Signature: _________________________________ Date: __________________________
__________________________________________ Date: __________________________
Signature of authorized officer
__________________________________________ F.E.I.N.: ________________________
Print: Name and Title
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE RFP.
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STANDARD CONTRACT (sample)
(For reference only. To be completed by Metropolitan Community College.)
Services Agreement
This Services Agreement (Agreement) is made by and between the Junior College District
of Metropolitan Kansas City, Missouri aka Metropolitan Community College (MCC), a public
community college district and political subdivision of the State of Missouri, whose principal office
is located at 3200 Broadway, Kansas City, Missouri 64111, and Contractor Name (Contractor),
whose principal office is located at Contractor's address .
MCC desires to engage Contractor to provide employment classification and
compensation (Services), and Contractor represents and warrants to MCC that Contractor has
demonstrated a high degree of experience, training, and proficiency in Contractor’s conduct of
various prior and similar works, has the requisite expertise and resources, and is technically and
professionally capable of performing the obligations under this Agreement. In consideration of
the foregoing and the mutual agreements contained in this Agreement, the parties agree as
follows:
1.
Scope of Services. Contractor agrees to provide all materials, manpower, and
equipment needed to provide the services as outlined in MCC’s Request for Proposal #16-7121CP – Comprehensive Classification & Compensation Study (RFP), and Contractor’s Response
Proposal to the RFP (Proposal), collectively incorporated herein by reference, and as further
detailed herein.
1.1.
Classification Plan
a) Contractor to meet with MCC’s Human Resources Department staff to discuss
study and agree on methodology and Position Description Questionnaire
(PDQ) to be used.
b) Contractor to meet with MCC leadership to explain study and processes to be
used.
c) Contractor to meet with employees in the five (5) campus locations and one
(1) Administrative Center to explain the study, methodology and PDQ.
d) Employees to complete PDQs; supervisors, managers and/or directors review
and comment (not change). Copies of the completed PDQs will be returned to
employees following supervisor, manager and/or department director review
and comment.
e) Contractor to conduct interviews and/or job audits as appropriate. Interviews
and/or job audits may be conducted individually or in groups based upon
classification.
f)
Contractor to compare PDQ, interview and job audit results to existing job
descriptions.
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g) Contractor to update and/or create class specifications as needed to uniformly
reflect distinguishing characteristics, essential job functions, minimum
qualifications, working conditions, license requirements, regulatory
requirements, standby/call-out responsibilities, etc., for all classifications.
h) Contractor to identify management, supervisory, professional, technical, and
general employees, including FLSA status (exempt/non-exempt).
i)
Contractor to draft and submit proposed class specifications for review by
MCC. Contractor will recommend, if appropriate, classification series and
levels within series (i.e. I, II, Senior/Lead, etc.), and revised job descriptions.
j)
Contractor to present proposed class specifications to employees and
supervisors for review, and to receive and incorporate input prior to
classification determination.
k) Contractor to finalize class specifications and recommend appropriate
classification for each employee group, including correction of identified
discrepancies between existing and proposed classification, and job
description.
l)
Contractor to propose career ladders/promotional opportunities for each
classification.
1.2.
Compensation Survey
a) Contractor to survey the greater Kansas City region, including Independence
MO and Lee’s Summit MO.
b) Contractor to conduct salary survey by comparing monthly maximum base
salary for each existing classification (see Attachment A). Included in the
survey will be the benefit structure for the selected agencies.
c) Contractor to recommend appropriate salary range for each existing or
proposed position based on the Classification Plan and on the compensation
survey results, and internal relationships and equity.
d) Contractor to recommend salary range for each position based on median and
mean salary of the comparable cities. In addition, Contractor will prepare a
new salary step plan using existing MCC salary/step plan.
1.3.
Study Conclusion
a) Contractor to prepare written report of recommendations, including discussion
of methods, techniques and data used to develop the Classification &
Compensation Plan.
b) Contractor to provide instructional information to allow MCC’s Human
Resources Department to conduct individual salary audits and adjustments
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consistent with study methods until the next formal study is conducted.
c) Contractor to attend meetings, if requested, throughout the process with
employees, the Chancellor and/or the Officer Group to explain methodology,
survey results and recommendations. The Contractor should budget for at
least four (4) meetings with various governance groups and four meetings with
employees, not including the three kick-off meetings with employees.
d) Contractor to provide implementation options and procedures, to include
recommendations on implementing a tool or system that could be used in
classifying new and/or future classified level positions.
e) The Contractor is also expected to prepare an analysis outlining the fiscal
impact of recommendations.
2.
Subcontractors. The Contractor agrees it may not subcontract with others to
perform any of the services hereunder without the prior written consent of MCC. If so agreed, the
Contractor shall have the sole responsibility for the hiring of any such subcontractor and warrants
that said party shall possess the same requisite expertise and resources and is technically and
professionally capable of performing that which is required of the Contractor under this
Agreement. The Contractor agrees that it shall contract with the subcontractor under a separate
written agreement, which shall contain a specific provision that said party shall be bound by the
terms and conditions of this Agreement.
3.
Term and Termination.
Term. The term of this Agreement shall be from the date of execution by the parties
through the completion of the services.
3.1.
Termination for Convenience. MCC reserves the right to terminate the
Agreement without cause by giving Contractor written notice of the intent to terminate at
least thirty (30) days before the termination date set out in the notice. In the event of such
termination, MCC shall only be liable for payment of services delivered prior to the
termination date.
3.2.
Termination for Cause. Either party reserves the right to terminate the
Agreement immediately if the other party fails to comply with any terms or conditions of
the Agreement and such failure continues for twenty (20) days following receipt of written
notice from the objecting party.
3.3.
Subsequent Proposal. If MCC elects to advertise for proposals upon
notice of termination for any reason, Contractor shall not be permitted to consider its
former work or proposal as a current proposal.
4. Compensation.
4.1.
Fees. For and in consideration of the Services, Contractor shall submit
monthly invoices to MCC at Proposal rates to include expenses with all supporting
documentation and MCC required pre-approval for such expenses, if applicable.
Payments shall be sent to Contractor at the address first written above. MCC agrees to
pay all undisputed amounts within thirty (30) days of receipt of a properly itemized invoice,
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if applicable. The Contractor agrees that no other payment of any kind shall be due for
services provided hereunder. Any services that cause Contractor to so exceed this
amount without a proper contract amendment or addendum shall be performed at
Contractor’s sole risk and liability and MCC shall have no obligations therefore.
4.2.
Subcontractors. Contractor agrees to indemnify MCC for any costs and/or
expenses, in whole or in part, that are due any subcontractors or suppliers for services
provided under this Agreement.
4.3.
Performance. No payment made under this Agreement shall be proof of
satisfactory performance of the Agreement, either in whole or in part, and no payment
shall be construed as acceptance of deficient or unsatisfactory service.
4.4.
Verification of Services and Audits. The Contractor will maintain
complete and accurate books and records in accordance with recognized accounting
practices and standards; such books and records will include, but not be limited to, records
reflecting billing, payments, hours worked, and payroll and upon receipt of written notice
by MCC, the Contractor shall allow MCC access, during ordinary business hours, to the
books and records relating to the services hereunder as may be reasonably required to
verify services provided under this Agreement. In addition, MCC shall have the right to
conduct an audit, at its expense, of the relevant books and records during ordinary
business hours to inspect, audit, and copy the books and records. MCC shall also have
the right of recovery of any amount found to be inconsistent with any overage paid.
5.
Notices. All communications relating to this Agreement shall be in writing and
may be hand delivered, sent by overnight courier, or shall be deemed received within five (5)
business days after mailing if sent by registered or certified mail, return receipt requested to the
parties at the addresses first written above. If to MCC regarding legal matters, notice shall be
sent to the attention of Kathy Walter-Mack, Chief of Staff to the Chancellor.
6.
Ownership.
6.1.
Intellectual Property Rights. Contractor retains all right, title and interest
in any pre-existing intellectual property that is owned by Contractor (Contractor IP), and
which may be used in carrying out the Services, including any modifications or
improvements made to Contractor IP during or as a result of the Services to be performed
under Agreement. Except for Contractor IP and upon payment in full of all amounts due
Contractor, all deliverables hereunder, including without limitation all documents,
drawings, specifications, information, patents, patent applications, inventions,
developments or processes or any copyrightable material originated and developed by
Contractor specifically for MCC as part of the Services to be performed under this
Agreement shall be owned by MCC. Contractor hereby grants MCC a worldwide, nonexclusive, royalty-free, perpetual, without the right of sublicense, license to use Contractor
IP in the course of MCC’s business operations.
6.2.
Copyrights, Trademarks and Patents. Contractor agrees to indemnify
MCC in accordance with the indemnification provisions under this Agreement against all
suits of law or in equity resulting from any trade secret, copyright, trademark, or patent
infringement concerning Contractor's performance, equipment, products, materials, or
supplies provided under the terms of this Agreement.
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6.3.
Use of Name. Contractor will not use the name, insignia, or symbols of
MCC, its facilities or departments, or any variations or combination thereof, or the name
of any trustee, faculty member, other employee, or student of MCC for any purpose
whatsoever without MCC’s prior written consent.
7.
Contractor’s Representations and Warranties.
7.1.
Standard of Care. Contractor represents and warrants that Contractor
shall provide services based on a manner consistent with the highest degree of care,
diligence, and skill.
7.2.
Rules and Regulations. Contractor covenants and agrees that Contractor
shall observe all MCC policies and procedures, as well as all rules, regulations, and
security requirements concerning the safety of persons and property.
7.3.
Non-Discrimination. MCC is an equal opportunity/affirmative action
employer. If applicable, Contractor, in performing the work required by this Agreement,
agrees to comply with the applicable provision of Executive Order 11246 issued by the
President of the United States, September 24, 1965, and the applicable provisions of the
Vietnam Era Veterans Readjustment Assistance Act of 1974 and the Rehabilitation Act of
1974, all as amended, and to comply with the Rules and Regulations issued thereunder,
as set forth at 41 CFR § 10.1-4(a), and 41 CFR § 60-250. Contractor agrees not to
discriminate against any employee or applicant for employment because of race, color,
religion, age, sex, sexual orientation, gender identity, disability, national origin, veteran
status or any other status protected by applicable law. This Contractor and
subcontractor shall also abide by the requirements of 41 CFR § 60-300.5(a), and 41
CFR § 60-741.5(a). These regulations prohibit discrimination against qualified
protected veterans and qualified individuals on the basis of disability and require
affirmative action by covered prime contractors and subcontractors to employ and
advance in employment qualified protected veterans and individuals with
disabilities.
7.4.
Compliance with Laws. Contractor represents and warrants that
Contractor shall observe, perform, and comply with all federal, state, and local laws,
ordinances, rules, regulations, and all amendments thereto which in any manner may
affect the operations and activities undertaken by Contractor pursuant to this Agreement.
7.5.
No Debarment. Contractor represents that it is not debarred or suspended
from doing business with the federal government and/or any state government, and shall
notify MCC if it becomes debarred or suspended during the Term of this Agreement.
7.6.
Non-Infringement. Contract warrants that services and deliverables will
not infringe or misappropriate the rights of any third party, and that Contract has all power
and authority to convey ownership of the services and deliverables to MCC in accordance
with this Agreement.
8.
Non-Discrimination. MCC is an equal opportunity/affirmative action employer. If
applicable, Contractor, in performing the work required by this Agreement, agrees to comply with
the applicable provision of Executive Order 11246 issued by the President of the United States,
September 24, 1965, and the applicable provisions of the Vietnam Era Veterans Readjustment
Assistance Act of 1974 and the Rehabilitation Act of 1974, all as amended, and to comply with
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the Rules and Regulations issued thereunder, as set forth at 41 CFR § 10.1-4(a), and 41 CFR §
60-250. Contractor agrees not to discriminate against any employee or applicant for employment
because of race, color, religion, age, sex, sexual orientation, gender identity, disability, national
origin, veteran status or any other status protected by applicable law. This Contractor and
subcontractor shall also abide by the requirements of 41 CFR § 60-300.5(a), and 41 CFR §
60-741.5(a). These regulations prohibit discrimination against qualified protected veterans
and qualified individuals on the basis of disability and require affirmative action by
covered prime contractors and subcontractors to employ and advance in employment
qualified protected veterans and individuals with disabilities.
9.
Non-Solicitation and Non-Hire. Both parties agree that during the time that
Contractor is rendering Services under the terms of this Agreement and for one (1) year following
the cessation of such Services, neither party will directly or indirectly solicit, offer employment or
hire any current or former employee or Contractor employed by or hired by the other party involved
in the performance of this Agreement. This provision does not restrict the right of either party to
solicit or recruit generally in the media and does not prohibit either party from hiring an employee
of the other who answers any advertisement or who otherwise voluntarily applies for hire without
having been initially personally solicited or recruited by the hiring party.
10.
Confidentiality Information. As used herein, "Confidential Information" will mean
any ideas, strategies, plans, purposes, and/or agendas that MCC may seek to advance, any
reports and information generated by Contractor, and educational and/or other confidential
information related to students (Information). Both during the term of this Agreement and
thereafter, Contractor covenants and agrees (i) to hold such information in trust and confidence
and to exercise diligence in protecting and safeguarding such information, as well as any other
information protected from public disclosure by federal or state law or by the policies or
procedures of MCC, (ii) that Contractor will not knowingly use the Information, directly or indirectly,
for Contractor’s own benefit, or for the benefit of another, but instead will use such information
only for the purposes contemplated hereunder, (iii) that Contractor will not disclose any
confidential information to any third party, except as may be required in the course of performing
services for MCC hereunder or by law, (iv) that access to the education records of any student
shall be in compliance with the Family Educational Rights and Privacy Act, and (v) that Contractor
not be deemed a spokesperson for MCC in any manner for the purpose of disseminating any
information hereunder, excepting such information that is related to the Purpose and content and
format for dissemination of such information is mutually agreed to by the parties. Notwithstanding
the foregoing, Contractor's obligations of confidentiality will not include information that (i) at the
time of disclosure was in the public domain, (ii) after such disclosure, immediately becomes
generally available to the public other than through any act or omission of Contractor, and (iii) is
required to be disclosed by a court of competent jurisdiction, provided that prior written notice of
such disclosure is furnished to MCC in a timely manner in order to afford MCC the opportunity to
seek a protective order against such disclosure and the disclosure is strictly limited to the
information that the court requires. After expiration or termination of this Agreement, Contractor
must return all confidential information given to or generated by him hereunder within five (5) days
of MCC's written request. Contractor agrees that Contractor will comply with MCC's instructions
regarding the return or disposition of its confidential information, including any copies or
reproductions.
11.
Remedies for Disclosure. Contractor understands and agrees that any
unauthorized disclosure or use of any confidential information as provided under this article may
result in MCC seeking injunctive relief. Contractor agrees to give prompt notice to MCC of any
unauthorized disclosure, use, or misappropriation of any confidential information and take all
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steps as requested by MCC to limit, stop, or otherwise remedy the disclosure, use, or
misappropriation of any confidential information. All steps taken by Contractor relating to remedy
shall be at its sole expense.
12.
Liability Requirements.
12.1. Insurance. Contractor agrees to maintain the following insurance
throughout the term of this Agreement: a) workers’ compensation and employer’s liability
for its employees in amounts as required by Missouri law; b) automobile insurance, to
include uninsured and underinsured motorists, in the minimum amounts of $1,000,000 per
occurrence and $2,000,000 in the aggregate; and c) general liability in the amounts of
$1,000,000 per occurrence and $2,000,000 in the aggregate, which shall include students,
participants, volunteers, property damage, and contractually assumed liability and name
MCC as an additional insured. Upon the execution of this Agreement, Contractor agrees
to provide MCC proof of insurance which shall include the stipulations hereunder and state
that such coverage will not be cancelled without thirty (30) days written notice. Failure to
so provide or maintain any insurance as requested hereunder will not relieve it of any
contractual obligation or responsibility herein.
12.2. Indemnification. Contractor shall indemnify, defend, and hold MCC,
MCC’s trustees, officers, employees, agents, and representatives harmless against any
and all claims, demands, suits, costs, judgments, or other forms of liability, actual or
claimed, including reasonable attorneys’ fees, for injury or damage to persons or loss or
damage to property occurring or allegedly occurring in connection with any action,
inaction, or conduct committed by Contractor or by Contractor’s officers, directors,
employees, students, volunteers, agents, or representatives during the term of this
Agreement.
12.3. No Waiver. The foregoing provisions shall not be deemed a relinquishment
or waiver of any kind of applicable limitations of liability provided or available to MCC under
applicable Missouri governmental immunities law.
13.
Governing Law. This Agreement is governed by and constructed in accordance
with the laws of the state of Missouri.
14.
Tobacco-Free Policy. Contractor agrees to strictly abide by MCC’s tobacco-free
policy, meaning all types of smoking and smokeless tobacco products are prohibited. At all times,
MCC shall have the right to enforce such policy pursuant to the terms of this Agreement and under
law.
15.
Powers and Authority. Neither party may sign any document, perform any act, or
make any commitment nor undertaking on behalf of the other party without such other party’s
express written consent.
16.
Successors and Assignments. This Agreement shall not be assigned by either
party without the prior written consent of the other party and unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under this Agreement.
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17.
Assignment of Services. It is understood the Contractor shall not assign or
subcontract the services in this Agreement without the written consent of MCC, and subject to
MCC's approval of said subcontractor's expertise to complete the assigned portion of the services.
18.
Independent Contractor. The parties agree the terms of this Agreement do not
constitute a formation of a partnership, joint venture, employer-employee, or other relationship
and no form of agency exist between the parties. The Contractor represents and warrants that it
is now and shall remain a separate and independent entity from MCC. Accordingly, no employee,
contractor, subcontractor, supplier, agent, or representative of Contractor shall be deemed to be
the employee, contractor, subcontractor, supplier agent, or representative of MCC. Contractor
shall have on file with MCC prior to services being performed a Request for Taxpayer Identification
Number and Certification form (W-9). Contractor shall be solely responsible for any acts or
omissions of its employees, as well as payment of all invoice tax, FICA, FUTA, and other tax
liabilities for said employees, and agrees to indemnify MCC in accordance with the indemnification
provisions under this Agreement.
19.
Force Majeure. Neither party shall be liable for damages or have the right to
terminate this Agreement for any delay or default in performance if the delay or default is due to
conditions beyond their control. Such conditions include, but are not limited to, an act of God,
government restriction, or any other cause beyond the reasonable control of the party obligated
to perform and which cannot be overcome by reasonable diligence and without unusual expense.
20.
Severability. If for any reason, any term, covenant, or condition hereof shall be
determined to be invalid or unenforceable, the remainder of the provisions herein shall remain in
full force and effect and shall not be affected thereby.
21.
Survival. All representations, warranties, and indemnifications made herein shall
survive termination or cancellation of this Agreement.
22.
No Third Party Beneficiary Rights. No third party may enforce or rely upon any
obligation of, or the exercise of or failure to exercise any right of, MCC or Contractor in this
Agreement. Nothing in this Agreement, whether express or implied, is intended to create any
rights or remedies on any third party beneficiary.
23.
Remedies. All rights and remedies of the parties, in law or equity, are cumulative
and may be exercised concurrently or separately. The exercise of one (1) remedy will not be an
election of that remedy to the exclusion of other remedies.
24.
Non-Waivers. No delay or omission by the parties in exercising any right under
this Agreement shall operate as a waiver of that or any other right. A waiver or consent given by
a party on any one occasion shall be effective only in that instance and shall not be construed as
a bar or waiver of any right on any other occasion.
25.
Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties with respect to the subject matter hereto and supersedes all
offers, negotiations, discussions, and other agreements, whether written or oral, that occurred
prior to the date of the execution of this written Agreement, and may not be amended except by
the mutual written agreement of the parties.
26.
Execution. This Agreement may be executed in counterparts, which together
constitute one and the same Agreement. If a party sends a signed copy of this Agreement via
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digital transmission, such party will, upon request by the other party, provide an originally signed
copy of this Agreement. No member or officer of MCC incurs personal liability by the execution
or default of this Agreement. All such liability is released by Contractor as a condition of and
consideration of the execution of this Agreement.
The parties have caused this Agreement to be executed by their authorized
representatives on the day and year written below.
Junior College District of Metropolitan
Kansas City, Missouri
Contractor's Name
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
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PART III
ACKNOWLEDGEMENT OF RECEIPT
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ACKNOWLEDGEMENT OF RECEIPT
Request for Proposal #16-7121-CP
Comprehensive Classification & Compensation Study
This Form Must be Completed and Emailed/faxed Upon Receiving
Please fill in the requested information below and return by email or fax, as acknowledgement that
you have received the Request for Proposal noted above.
Metropolitan Community College
Purchasing Department
Email to: purchasing.info@mcckc.edu
Or Fax: 816-759-1221
Name of Firm:
Address:
City/State/Zip:
Fax:
Phone:
Name (Print):
Title:
Email Address:
Date:
Signature:
Yes, our company does have an interest in responding.
No, our company does NOT have an interest in responding.
Submit this form to MCC prior to NOON on February 26, 2016
(Proposals can still be submitted even if this form has not been sent to MCC prior to this date.
Please check www.mcckc.edu/purchasing/bids for revisions or addenda.)
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