Proposal Review Commission (RFP) For San Mateo County Real Estate Services

Transcription

1 SAN MATEO COUNTY HEALTH SYSTEM REQUEST FOR PROPOSALS FOR REAL ESTATE BROKER SERVICES Proposals must be submitted to: San Mateo County Aging and Adult Services By 4:30 P.M. March 5, 2012

2 REAL ESTATE BROKER SERVICES REQUEST FOR PROPOSALS TABLE OF CONTENTS PAGE GENERAL INFORMATION... 1 I. INTRODUCTION... 2 II. SCOPE OF WORK... 4 III. PROPOSAL CONTENTS... 4 IV. PROPOSAL PROCESS... 7 V. PROPOSAL SELECTION PROCESS AND EVALUATION... 8 Exhibits Attachment A Aging and Adult Services, Public Guardian/Public Administrator Office, Real Estate Services, Scope of Work Attachment B Cover Letter Attachment C County s Standard Contract (with the Contractor s Declaration) i

3 REQUEST FOR PROPOSALS FOR REAL ESTATE BROKER SERVICES Proposals must be submitted to: Marie Shanks, Administrative Assistant II San Mateo County Aging and Adult Services th Avenue, San Mateo, California Or preferably to: By 4:30 P.M., March 5, 2012 This Request for Proposals (RFP) is not a commitment or contract of any kind. San Mateo County Aging and Adult Services (AAS) reserves the right to pursue any and/or all ideas generated by this request. Costs for developing the proposals are entirely the responsibility of the proposers and shall not be reimbursed. The County reserves the right to reject any and all proposals. The County reserves the right to waive any requirements of this RFP when it determines that waiving a requirement is in the best interest of the County. General Provisions Regarding Public Nature of Proposals. Government Code Section 6250 et. seq., known as the Public Records Act, defines a public record as any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. The Public Records Act provides that public records shall be disclosed upon request and that any citizen has a right to inspect any public record, unless the document is exempted from disclosure. Any proposals submitted to the County shall be considered by the County to be public records in accordance with the Public Records Act. Proposer s Rights regarding Confidentiality of Proposals. The County of San Mateo cannot represent or guarantee that any information submitted in response to the RFP will be confidential. If the County of San Mateo receives a request for any document submitted in response to this RFP, it will not assert any privileges that may exist on behalf of the person or business submitting the proposal. If a proposer believes that a portion of its proposal is confidential and notifies the County of such in writing, the County may, as a courtesy, attempt to notify the Proposer of any request for the proposal, but cannot make a guarantee that such a notice shall be provided. In any event, it would be the sole responsibility of that proposer to assert any applicable privileges or reasons why the document should not be produced, and to obtain a court order prohibiting disclosure. The Proposer understands that the County is not responsible under any circumstances for any harm caused by production of a confidential proposal. County s Rights Regarding Confidentiality of Proposals. To the extent consistent with applicable provisions of the Public Records Act and applicable case law interpreting those provisions, the County and/or its officers, agents and employees retain the discretion to release or to withhold disclosure of any information submitted in response to this RFP. 1

4 I. INTRODUCTION A. The County welcomes proposals from all qualified licensed Real Estate Brokers. The County may, at its sole discretion, enter into contracts with multiple qualified providers. B. The Public Guardian/Public Administrator (PG/PA) Office, a part of the County s AAS Division of the Health System, is seeking qualified, licensed Real Estate Brokers to market and sell real properties for clients represented by the PG/PA Office. Experience and knowledge in Conservatorship/Probate and decedent sales is preferred. C. The Deputy/Conservator (DPG) coordinates the care and manages the income and assets of the County s frail elderly and gravely disabled persons as appointed by the Superior Court. The DPG arranges for the person s care and protection and coordinates services to meet ongoing needs such as health care, meals, living arrangements, personal care and housekeeping. D. One of the fiduciary responsibilities of a conservator is to ensure the active marketing of properties is performed effectively and in full compliance with the statutory regulations of the California Probate Code. The PG Office manages properties of varying value and condition; some properties are well maintained and located in desirable neighborhoods while others are distressed and in need of substantial rehabilitation and remodel. In some situations, the properties are older trailers or mobile homes located in marginal parks. Due to the type of clientele and the circumstances under which the PG Office is appointed as Conservator, the clients frequently come to the PG s Office with properties exhibiting years of deferred or neglected maintenance. In most cases there are no funds for any cosmetic work prior to listing. All probate sales are as is, which requires brokers to demonstrate skills for marketing properties that are more potential than move in homes. E. The PA Program serves the public by investigating and administering the estates of persons who die without an appropriate person available or willing to act as administrator. The PA s primary duties include protecting the decedent s property from waste, loss or theft; and liquidating assets at public sale for distribution to heirs and/or to pay the decedent s bills and taxes. Like the PG, the PA acts under the authority of the Superior Court. 2

5 Qualified brokers must: 1. Be able to market a wide range of properties within San Mateo County; 2. Agree not to dually represent both the seller and the purchaser(s) in transactions for the PG/PA; 3. Agree to the PG/PA system of assigning sales to brokers on a rotating basis; 4. Accept whatever property is offered for sale, including mobile homes, trailers, undeveloped lots, and distressed properties, or lose their turn on the rotating list; 5. Provide a probate sales packet, as outlined by the PG/PA, to all prospective buyers; 6. Actively market beyond signs and MLS (flyers, ads, websites, etc.) and hold no fewer than two open houses and one broker tour per property; 7. Provide MLS listing copies at periodic points in the sales process, as determined by the PG/PA; 8. Manage all sales according to the Probate Code and Local Court Rules; 9. Use the California Probate Listing Agreement exclusively and honor all probate disclosure exemptions; 10. Submit sealed bids and confirm sales in a court hearing, at which time over bids are invited; 11. Accept payment out of escrow according to statutory commissions for sales; and 12. Not provide any real estate related services to any employees of AAS while under contract. F. Selection Priorities: The County strongly encourages proposals from a wide range of sources. Proposals will be evaluated on their creativity and the quality of proposed services. The County is interested in proposers who exhibit expertise in providing auditing services. The County reserves the right to reject any and all proposals. H. If the award recommendation and proposed agreements are approved by the County Board of Supervisors or its delegated County department, the County will execute an agreement(s) with the selected proposer(s). 3

6 I. As of the issuance date of this RFP and continuing until the final date for submission of proposals, all County personnel are specifically directed not to hold meetings, conferences, technical discussions, or communications of any kind with any applicant for purposes of responding to this RFP. Any attempt by an applicant, or agent thereof, to contact County personnel or a member of the Proposal Review Committee regarding the proposal process may be considered tampering and may result in the applicant being disqualified from entering into any contract that may result from this RFP. J. The County may modify the RFP prior to the fixed date for submission of proposals by issuance of an addendum to all parties who have received the RFP. II. SCOPE OF WORK AND SPECIFICATIONS A. The services to be delivered are licensed Real Estate Broker Services as described in Attachment A: AAS, PG/PA, Scope of Work. B. Geographical Area to be served is primarily but not limited to San Mateo County and other Bay Area counties. C. The County strongly encourages proposals from a wide variety of individual brokers who exhibit expertise in providing licensed Real Estate Broker Services with a demonstrated expertise in probate sales. D. Proposers must agree to administer/use any and all survey instruments as directed by the County, including outcomes and satisfaction measurement instruments. III. PROPOSAL CONTENTS A. To be eligible for evaluation, proposers shall adhere strictly to the format set forth below. Each of the required sections identified must be addressed and must be specifically labeled. The content and sequence of the proposal will be as follows: Section Title 1 Cover Letter 2 Table of Contents 3 Service Summary 4 Statement of Willingness 5 Proof of Insurance 6 References 7 Board Authorization, if applicable Items 1 through 7 below contain brief descriptions of material that must be included in this proposal. 1. Cover Letter: Please use Attachment B. Proposer shall identify the name 4

7 of the broker that will be providing the services offered in the proposal. The name, address, telephone number, facsimile number and address of a principal contact for information regarding the proposal shall be supplied. 2. Table of Contents: Immediately following the Cover Letter, provide a comprehensive Table of Contents of the material included in the proposal. The Table of Contents must clearly identify the proposal sections and the applicable page numbers. 3. Service Summary: a. Service Description - Describe the overall services you intend to provide. b. Staffing - Describe proposed staff and their duties. Describe training and experience of staff. 4. Statement of Willingness: Proposer must provide a statement of willingness to: a. Provide written Fair Market Value (FMV) letters, in the specific format as determined by the PG/PA Office, without compensation. b. Provide Preliminary Titles and/or Deeds, as requested, without compensation. c. Provide assistance with sales and valuation services for out-of-area and out-of-state properties, including locating and making initial agent contact, without compensation. d. Provide written tax basis values and fair market rental evaluations as requested, without compensation. e. Provide consultations/market analysis regarding sales and rental options, without compensation. f. Execute County s Standard Contract (Attached hereto as Attachment C). 5. Proof of Insurance: Attach insurance certificates indicating liability insurance of a minimum of $1,000,000 for each of the following coverage areas: comprehensive general, motor vehicle, real estate professional or errors and omissions and worker s compensation, if applicable. A letter confirming you will have these insurances at the specified levels prior to entering into and throughout the term of an agreement with the County if selected is necessary if you do not meet this requirement at this time. 5

8 6. References: Include at least three references recently familiar with the quality and reliability of the proposer s work. B. Proposal Format: Proposals may be submitted in paper format or in digital format via . ed proposals must meet all of the formatting and pagelength requirements of paper submissions when printed. 1. Paper submissions: a. All proposals should be typewritten, use Arial 12-point font; have consecutively numbered pages; include any exhibits, charts, or other attachments; and be securely bound. No facsimiled or telephone proposals will be accepted. b. Proposal must be signed by the Proposer. An unsigned proposal will be rejected. A proposal may be signed by any agency representative of the applicant only if the signatory is authorized by a Power of Attorney, letter, or policy submitted to the County with the proposal. c. Submit one (1) original and five (5) copies of the complete proposal and one (1) electronic copy on a CD. d. Submit the original proposal and all copies in a sealed package clearly indicating the title of this RFP, and name and address of the Proposer. 2. ed Submissions: Proposals may be submitted via . Proposals must be submitted as an attachment to an message using either Microsoft Word or Adobe PDF. Attachments may be submitted using Microsoft Excel, as appropriate. The required signature page must be submitted showing an actual signature representation, and may also be submitted separately via fax or PDF. 3. Proposals, whether paper format or ed, must be received by 4:30 P.M. March 5, a. Address or deliver paper proposals to: Marie Shanks, Administrative Assistant II San Mateo County Aging and Adult Services th Avenue, Room 140 San Mateo, California b. Address ed proposals to: E- mail: AAS_RFP@smcgov.org Fax number: (650) (for signature page only) 6

9 IV. PROPOSAL PROCESS A. Schedule of Events: EVENT DATE Release of RFP January 31, 2012 Deadline for Written Questions February 10, 2012 Proposers Workshop February 15, 2012 (see below) Release Responses to Written Questions and Proposers Workshop Minutes February 20, 2012 posted on the County s website Proposal Due Date March 5, 2012 by 4:30 P.M. Review of Proposals March 6-9, 2012 Announcement of Recommendation by the AAS March 16, 2012 Director Appeal Deadline March 23, 2012 Contract Negotiations March-April 2012 Anticipated Contract Start Date July 1, 2012 B. Submittal of Questions: Proposers requiring clarification of the intent or content of this RFP, or of the competitive proposal process, may request clarification by submitting written questions no later than 5:00 P.M., February 10, 2012 to: AAS_RFP@smcgov.org Facsimile: (650) Transmission of written questions by is preferable. The County shall respond to all written questions during the Non-mandatory Proposers Workshop and post all questions and responses on the County s website Proposers may request an electronic copy by sending an to AAS_RFP@smcgov.org The County may choose to provide additional information following the Non-mandatory Proposers Workshop. The County is responsible only for what is expressly stated in this RFP and any authorized written addenda thereto. The County is not responsible for and shall not be bound by any non-authorized person purporting to act on its behalf. C. Non-mandatory Proposers Workshop: All interested parties are invited to participate in the Non-mandatory Proposer s Workshop. This workshop is scheduled for February 15, 2012, from 2:00 P.M. to 4:00 P.M. at the San Mateo County Health Services Agency, th Avenue, Room 100, San Mateo, California, D. Submission of Proposal: 1. All proposals submitted in response to this RFP shall become the exclusive property of San Mateo County. 7

10 2. The proposal shall be used to determine the proposer s ability to render the services requested. The failure of a proposer to comply fully with the instructions in this RFP may eliminate its proposal from further evaluation as determined by the sole discretion of the County. The County reserves the sole right to evaluate the contents of proposals submitted in response to this RFP and to select a contractor(s), if any. 3. All proposals must remain valid for a period of not less than 120 days from the closing date for submission. V. PROPOSAL SELECTION PROCESS AND EVALUATION A. Final Filing Date: March 5, 2012, by 4:30 P.M. B. Additional Information: If the County determines, in its sole discretion, that additional information is required or desirable beyond that provided in the proposal(s) of any of the proposer(s), County may in its discretion invite the proposer(s) to make oral and/or written presentations to the Proposal Review Committee. C. Late Proposals: Any proposals delivered after 4:30 P.M., March 5, 2012, may be rejected by the County as not meeting the requirements of this RFP. D. Rejection of Proposals: 1. The County may reject any proposals not meeting the minimum requirements of this RFP. 2. The County reserves the right to reject any and all proposals. 3. The County reserves the right to waive any requirements of this RFP when it determines that waiving a requirement is in the best interest of the County. The County s waiver of a requirement shall not excuse the proposer from full compliance with all remaining requirements and the contents of its proposal in the event it is awarded the contract. E. Proposal Review Committee: The evaluation of proposals will be made by a Proposal Review Committee selected by the Director of Aging and Adult Services and approved by the Chief of the Health System. The Proposal Review Committee will evaluate proposals and the qualifications of proposers submitting proposals. The evaluation criteria that the Proposal Review Committee will use shall include, those listed in Section V, PROPOSAL SELECTION PROCESS AND EVALUATION; Paragraph F, Evaluation Criteria. The Committee will submit to the Director of Aging and Adult Services the results of the Committee s evaluation together with the Committee s recommendations. The Director of Aging and Adult Services will recommend a proposal(s) and applicants(s) to the Chief of the Health System, who shall give final approval to enter in to contract negotiations. 8

11 F. Evaluation Criteria includes, but is not limited to the following: 1. History: a. Experience: How long has the proposer been involved in providing these services? Are the services consistent with the areas of Real Estate Broker services including in Attachment A Scope of Work. 2. Philosophy/Service Model: a. Is there is a clearly articulated understanding of and commitment to the intent of the services as described in the RFP including purpose, scope and population to be served? b. Does the proposer demonstrate that he/she has a track record of positive community collaboration and does he/she currently have good relationships in San Mateo County? 3. Quality/Program Evaluation: a. Does the proposer have a history of successfully providing similar services? b. Does the proposer have a history of successfully managing contracts with public or private agencies? 4. References: G. Incomplete Proposals: Proposals shall be specific and complete in every detail. Incomplete proposals, as determined by the County s sole judgment, may be rejected. H. Errors or Changes in the Proposal: If errors are found in a proposal, the County may reject the proposal; however, the County may in its sole discretion, correct arithmetic and/or transposition errors. The Proposer will be informed of the errors and corrections. If an item is described in the narrative and omitted from the cost data, the proposal will be interpreted to mean that the Proposer will provided the item at no cost. If this is a significant item, the Proposer will be notified. Clarification of and changes in proposals prior to contract award are permissible provided that each proposer is treated fairly and equally. I. Notification: Notification of the announcement of standing will be done by facsimile transmission and by . Please include both in your proposal. The County reserved the right to elevate other firms, based on its needs, the level of cooperation displayed by the proposer, including negotiation of contract terns at any time and without prior notice. 9

12 J. County Contract: After a proposer has been recommended by the Proposal Review Committee and selected by the Director of Aging and Adult Services and approved by the Chief of the Health System, the County and such Proposer will negotiate a contract for submission to the County s Board of Supervisors (or Purchasing Agent for agreements under $100,001) for consideration and possible approval. The AAS Division expects selected contractors to comply with the provisions of the County s Standard Contract. A copy of the County s Standard Contract is attached hereto as Attachment C. If a proposer has objections to the County s Standard Contract, he/she must explain those objections in the Statement of Willingness section. If a satisfactory contract cannot be negotiated, the County may, in its sole discretion, begin contract negotiations with one or more than one of the remaining proposers. The County may contract with more than one proposer if County determines, in its sole judgment, that more than one contractor is necessary to provide the specified services. K. Appeal Process: A proposer may submit a written appeal to the Director of Aging and Adult Services. Such written appeal must be submitted within five (5) working days after receipt of the Notification of Standing informing the Proposer that their proposal was not selected. The appeal must be in writing. The Director will respond to the appeal within ten (10) working days of receipt of the written appeal. The Director may establish a meeting with the Proposer in order to discuss the appeal. L. Appeal to the Chief of the Health System: If the Proposer is unsatisfied with the outcome of the appeal, the Proposer may appeal in writing to the Chief of the Health System within five (5) days of the receipt of the written response from the Director of Aging and Adult Services. The Chief of the Health System will respond in writing to the appeal within ten (10) working days of receipt of the written appeal. The Chief of the Health System may establish a hearing with the Proposer in order to discuss the appeal. A Hearing Officer may be designated by the Chief of the Health System. The Proposer may present written and oral testimony at the hearing. If a Hearing Officer is designated, he/she will make a recommendation to the Chief of the Health System following the hearing. The decision of the Chief of the Health System is final. 10

13 Attachment A AGING AND ADULT SERVICES, PUBLIC GUARDIAN/PUBLIC ADMINISTRATOR OFFICE REAL ESTATE SERVICES Qualified brokers must: SCOPE OF WORK A. Be able to market a wide range of properties within San Mateo County; B. Agree not to dually represent both the seller and the purchaser(s) in transactions for the PG/PA; C. Agree to the PG/PA system of assigning sales to brokers on a rotating basis; D. Accept whatever property is offered for sale, including mobile homes, trailers, undeveloped lots, and distressed properties, or lose their turn on the rotating list; E. Provide a probate sales packet, as outlined by the PG/PA, to all prospective buyers; F. Actively market beyond signs and MLS (flyers, ads, websites, etc.) and hold no fewer than two open houses and one broker tour per property; G. Provide MLS listing copies at periodic points in the sales process, as determined by the PG/PA; H. Manage all sales according to the Probate Code and Local Court Rules; I. Use the California Probate Listing Agreement exclusively and honor all probate disclosure exemptions; J. Submit sealed bids and confirm sales in a court hearing, at which time over bids are invited; K. Accept payment out of escrow according to local statutory commissions for sales; and L. Not provide real estate related services to any employees of AAS while under contract.

14 Attachment B COVER LETTER REAL ESTATE BROKER SERVICES FY COMPANY (if applicable PROPOSER S NAME PROPOSER S TITLE ADDRESS TELEPHONE( ) FAX NUMBER ADDRESS AUTHORIZING SIGNATURE DATE

15 Attachment C COUNTY OF SAN MATEO AGREEMENT WITH INDEPENDENT CONTRACTOR Contractor Name and Address: Agreement No. Contractor: Upon completion of work or agreed-upon work periods, mail invoice with above Agreement Number to: Department: Attention: Address: It is agreed between the County of San Mateo, California, and Contractor as follows: City, State, Zip: 1. Services to be performed by Contractor In consideration of the payments hereinafter set forth, Contractor shall perform services for County in accordance with the terms, conditions and specifications set forth herein and in Exhibit "A" attached hereto for the COUNTY OF SAN MATEO [Department/Division Name]. 2. Contract Term The term of this Agreement shall be from [ Date ] to [ Date ] unless terminated earlier by the County. 3. Payments In consideration of the services rendered in accordance with all terms, conditions and specifications set forth herein and any Exhibit(s) or attachment(s) attached hereto, County shall make payment to Contractor in the manner specified herein and in Exhibit "A". In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination. The County reserves the right to withhold payment if the County determines that the quantity or quality of the work performed is unacceptable. In no event shall total payment for services under this Agreement exceed [Write out amount], $[Amount]. 4. Relationship of the Parties Contractor agrees and understands that the work/services performed under this Agreement are performed as an Independent Contractor and not as an employee of the County and that Contractor acquires none of the rights, privileges, powers or advantages of County employees. 5. Workers Compensation Insurance The Contractor shall have in effect, during the entire life of this Agreement, Worker s Compensation and Employer Liability Insurance providing full statutory coverage. In signing this Agreement, Contractor certifies awareness of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and certifies compliance with such provisions before commencing the performance of this work of the Agreement as set forth in California Labor Code section Insurance The Contractor shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him/her while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all operations under this Agreement, whether such operations be by himself/herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amount specified by Risk Management. 7. Hold Harmless Contractor agrees to indemnify and defend the County, its employees and agents from any and all claims, damages and liability in any way occasioned by or arising out of the negligence of the contractor in the performance of this agreement, including any sanctions, penalties or claims of damages resulting from Contractor s failure to comply with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended. 8. Confidentiality All data produced or compiled by Contractor shall be considered confidential unless it can be obtained as public record and shall not be shared with a third party without the prior written consent of County. All financial, statistical, personal, technical, and other data and information relating to the County's operations which is made available to the Contractor in order to carry out this Agreement shall be presumed to be confidential. Contractor shall protect said data and information from unauthorized use and disclosure by the observance of the same or more effective procedures as the County requires of its own personnel. The Contractor shall not, however, be required by this paragraph to keep confidential any data or information which is or becomes publicly available, is already rightfully in the Contractor s possession, is independently developed by the Contractor outside the scope of the Agreement or is rightfully obtained from third parties. 9. Non-Assignability Contractor shall not assign this Agreement or any portion thereof to a third party without the prior written consent of County, and any attempted assignment without such prior written consent in violation of this Section shall automatically terminate this Agreement. 1

16 10. Termination of Agreement The County Purchasing Agent may, at any time from execution of Agreement, terminate this Agreement, in whole or in part, for the convenience of the County, by giving written notice specifying the effective date and scope of such termination. Termination shall be effective on a date not less than thirty days from notice. In the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and materials (hereafter referred to as materials) prepared by Contractor under this Agreement shall become the property of the County and shall be promptly delivered to the County. In the event of termination, Contractor shall be paid for all work satisfactorily performed until termination, except where the contracting department determines the quality or quantity of the work performed is unacceptable. Such payment shall be that portion of the full payment, which is determined by comparing the work/services completed to the work/services required by the Agreement. 11. Payment of Permits/Licenses It shall be the Contractor s responsibility to obtain any license, permit or approval required from any agency for work/services to be performed at his/her own expense, prior to commencement of said work/services or forfeit any right to compensation under this Agreement. 12. Non-Discrimination No person shall be excluded from participation in, denied benefits of, or be subject to discrimination under this Agreement on the basis of their race, color, religion, national origin, age, sex, sexual orientation, pregnancy, childbirth or related conditions, medical condition, mental or physical disability or veteran s status. Contractor shall ensure full compliance with federal, state and local laws, directives and executive orders regarding non-discrimination for all employees and Subcontractors under this Agreement. The Contractor shall comply fully with the non-discrimination requirements required by 41 CFR (a), which is incorporated herein as if fully set forth. Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Manager, including but not limited to: i) termination of this Agreement; ii) disqualification of the Contractor from bidding on or being awarded a County contract for a period of up to 3 years; iii) liquidated damages of $2,500 per violation; iv) imposition of other appropriate contractual and civil remedies and sanctions, as determined by the County Manager. To effectuate the provisions of this paragraph, the County Manager shall have the authority to: i) examine Contractor s employment records with respect to compliance with this paragraph; ii) set off all or any portion of the amount described in this paragraph against amounts due to Contractor under the Contract or any other Contract between Contractor and County. Contractor shall report to the County Manager the filing by any person in any court of any complaint of discrimination or the filing by any person of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment and Housing Commission or any other entity charged with the investigation of allegations within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include the name of the complainant, a copy of such complaint and a description of the circumstance. Contractor shall provide County with a copy of its response to the Complaint when filed. Section 504 applies only to contractors who are providing services to member of the public. Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, which provides that no otherwise qualified handicapped individual shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of this contract. 13. Equal Benefits With respect to the provision of employee benefits, Contractor shall comply with the County Ordinance which prohibits contractors from discriminating in the provision of employee benefits between an employee with a domestic partner and an employee with a spouse. 14. Retention of Records Contractor shall maintain all records related to this Agreement for no less than three years after the County makes final payment or after termination of this contract and all other pending matters are closed. All records shall be subject to the examination and/or audit by agents of the County, the State of California and/or Federal grantor agencies. 15. Compliance with State, Federal, and Local Laws, regulations, and Ordinances. Contractor and all subcontractors shall ensure compliance with all state, federal and local laws or rules applicable to performance of the work required under this contract, and shall execute all necessary certifications of compliance therewith. Contractor certifies that the Contractor and all of its subcontractors will adhere to and certify compliance with all applicable provisions of San Mateo County Ordinance Code, including without limitation, Chapter 4.106, which regulates the use of disposable food service ware, and Chapter 2.84, which addresses equal benefits. 16. Merger Clause This Agreement, including Exhibit "A" attached hereto and incorporated herein by reference, constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the County Purchasing Agent. In the event that any term, condition, provision, requirement or specification set forth in this body of the agreement conflicts with or is inconsistent with any term, condition, provision, requirement or specification in any exhibit and/or attachment to this agreement, the provisions of this body of the agreement shall prevail. This Agreement, or facsimile proposal of the Agreement, constitutes the entire Agreement between County and Contractor. Further, liability referenced to in section 6 is limited to Contractor s negligence during the Contractor's performance under this contract. 2

17 17. Governing Law This Agreement, including any exhibits, shall for all purposes be deemed subject to the laws of the State of California, and in the event of a lawsuit concerning this Agreement shall be venued in the County of San Mateo. THIS CONTRACT IS NOT VALID UNTIL SIGNED BY ALL PARTIES Contractor's Signature Date Contractor's Name (Please Print) I hereby certify that the services requested are necessary, that the selection process documentation is accurate, that all insurance certificates including Worker's Compensation are on file in this office, that Risk Management has approved any reductions in Contractor's insurance limits below $1,000,000, and that no work will commence until this document is signed by the County Purchasing Agent. Purchasing Agent, County of San Mateo Date Department or Division Head Approval Date Department or Division Head Name (Please Print) Budget Unit Distribution 1 copy to each: Purchasing Agent, County Manager s Office, Controller, Contractor and Department Short Form Agreement/Non Business Associate v8/19/08 3

18 COUNTY OF SAN MATEO AGREEMENT WITH INDEPENDENT CONTRACTOR Exhibit A Agreement No. Agreement between the County of San Mateo and [Contractor Name] Use Additional Sheets as Necessary I. Description of Services to be Performed by the Contractor II. Amount and Method of Payment Contractor agrees that the requirements of this Agreement pertaining to the protection of proprietary rights and confidentiality shall survive termination of this Agreement. Contractor's Signature Date Contractor's Name (Please Print) Date Department or Division Head Date Department or Division Head Name (Please Print) Date Purchasing Agent, County of San Mateo Date Budget Unit Distribution 1 copy to each: Purchasing Agent, County Manager s Office, Controller, Contractor and Department Revised 6/03

19 I. CONTRACTOR INFORMATION Contractor Name: Contact Person: Address: County of San Mateo Contractor s Declaration Form Phone: Fax: II. EQUAL BENEFITS (check one or more boxes) Contractors with contracts in excess of $5,000 must treat spouses and domestic partners equally as to employee benefits. Contractor complies with the County s Equal Benefits Ordinance by: offering equal benefits to employees with spouses and employees with domestic partners. offering a cash equivalent payment to eligible employees in lieu of equal benefits. Contractor does not comply with the County s Equal Benefits Ordinance. Contractor is exempt from this requirement because: Contractor has no employees, does not provide benefits to employees spouses, or the contract is for $5,000 or less. Contractor is a party to a collective bargaining agreement that began on (date), and intends to offer equal benefits when said agreement expires. III. NON-DISCRIMINATION (check appropriate box) (date) and expires on Finding(s) of discrimination have been issued against Contractor within the past year by the Equal Employment Opportunity Commission, Fair Employment and Housing Commission, or other investigative entity. Please see attached sheet of paper explaining the outcome(s) or remedy for the discrimination. No finding of discrimination has been issued in the past year against the Contractor by the Equal Employment Opportunity Commission, Fair Employment and Housing Commission, or any other entity. IV. EMPLOYEE JURY SERVICE (check one or more boxes) Contractors provides its employees with original living or amended in San Mateo contracts County in excess up to five of $100,000 days regular must pay have for and actual adhere jury service to a written in the policy County. that Contractor complies with the County s Employee Jury Service Ordinance. Contractor does not comply with the County s Employee Jury Service Ordinance. Contractor is exempt from this requirement because: the contract is for $100,000 or less. Contractor is a party to a collective bargaining agreement that began on (date) and expires on (date), and intends to comply when the collective bargaining agreement expires. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Signature Date Name Title Page 1 of 1