COUNTY OF MARIN DEPARTMENT OF HEALTH & HUMAN SERVICES DIVISON OF SOCIAL SERVICES EMPLOYMENT AND TRAINING BRANCH HHS RFI:

Transcription

1 COUNTY OF MARIN DEPARTMENT OF HEALTH & HUMAN SERVICES DIVISON OF SOCIAL SERVICES EMPLOYMENT AND TRAINING BRANCH HHS RFI: ISSUED: October 27, 2014 DEADLINE FOR SUBMISSION: November 24, 2014 REQUEST FOR INTENT CalWORKs Employment Services Expanded Subsidized Employment Program (SEP) Not to Exceed Amount: $230,000 The County of Marin Health and Human Services Department does not discriminate on the basis of sex, race, color, religion, disability, marital status, or national origin in employment or in its educational programs and activities. Auxiliary aids and services are available upon request to individuals with disabilities. Alternative formats will be made available upon request.

2 CONTENTS Planning Calendar... 3 Part One- General Information... 4 Part Two- Program Overview... 6 Part Three Evaluation Process Part Four Proposal Development Part Five Proposal Review Process Part Six Legal Requirements Attachment 1: Marin County Contract Template

3 PLANNING CALENDAR Public Notice Issued Activity RFI Distributed via and posted on Question & Answer Period Begins Question and Answer Period Ends Proposals due no later than 4:00 pm to: Health & Human Services Department, CalWORKs Employment Services 120 N. Redwood Drive, San Rafael, CA Attention: Andrea Bizzell Selection Committee meets and scores proposals Timeline October 27, 2014 November 24, 2014 December 1-5, 2014 Award announced December 10, 2014 Contract Negotiations December 10-24, 2014 Board of Supervisors estimated approval of contract January 13, 2015

4 PART ONE- GENERAL INFORMATION A. Definition of Challenges Faced by the Marin County Health and Human Services Department (County), County of Marin CalWORKs Welfare-to- Work In the County of Marin, many individuals turn to public assistance in part because they have not been successful finding or retaining employment. Without employment or the combination of job training and skills necessary to obtain employment, individuals who turn to public assistance face significant barriers to self-sufficiency. The County hopes to increase the number of CalWORKs participants transitioning to unsubsidized employment and eventually self-sufficiency. CalWORKs is a federally-funded California State program, administered by counties at the local level and designed to move public assistance recipients from welfare to work by placing time limits on cash assistance and providing recipients with employment training and other supportive services designed to promote self-sufficiency. Senate Bill (SB) 72 (Chapter 8, Statutes of 2011) requires the California Department of Social Services (CDSS) to report on the outcomes of the California Work Opportunity and Responsibility to Kids (CalWORKs) Assembly Bill (AB) 98 (Chapter 589, Statutes of 2007) Subsidized Employment Program. SB 72 also expanded eligibility and subsidies for the AB 98 Subsidized Employment Program, effective March 24, Consistent with the federal definition of subsidized employment, California defines subsidized employment as employment in which the participant s employer is partially or wholly reimbursed for wages and/or training costs [MPP (s)(2)]. In the County s vision for the Subsidized Employment Program, local participants obtain paid work experience jobs which will provide the opportunity to gain job skills while developing good work habits and increasing household income. B. Purpose This Request for Intent (RFI) is issued by the County through its Department of Health & Human Services, Employment and Training Branch, CalWORKs Employment Services as an invitation to solicit proposals for the provision of a Subsidized Employment Program (SEP) to eligible CalWORKs participants with barriers to employment. The goal of subsidized employment is to increase the number of CalWORKs participants transitioning to unsubsidized employment by offering paid job opportunities to gain work skills and experience. Potential contractor(s) are invited to propose solutions to the challenges faced by the County regarding subsidized employment, and to describe how they are prepared to use subsidized employment as a tool to serve CalWORKs participants within the County. The Marin County Health and Human Services Department is soliciting proposals to select at least one Contractor. The Contractor(s) chosen will act as an Employer Agent that will serve as the fiscal intermediary for the County Subsidized Employment Program. The selected Contractor(s) role will be to act as the Employer of Record for the CalWORKs recipients enrolled in the Subsidized Employment Program. The total amount available is $230,000.

5 This Request for Intent (RFI) includes all of the information and forms necessary to submit a proposal for the program and describes the conditions under which proposals will be accepted, reviewed, and funded. C. Available Funds County has estimated that up to $230,000* in total will be available for contract awards. This amount includes all program operation and administrative costs. More than one agreement may be funded to provide countywide services. County reserves the right to increase or decrease the contract amount based on available funding, and to partially fund a proposal at its discretion. The contract award(s) is contingent upon available funding. County also reserves the right to end or extend the contract based on available funding. There are no startup costs or advanced funds provided. *Proposals in excess of the projected amount of $230,000 as described in the PURPOSE section of this RFI will be rejected as non-responsive. D. Time Period Contracts awarded under this RFI are to fund subsidized employment services between the dates of January 13, 2015 and June 30, No obligation or commitment of funds will be allowed beyond this grant period. Approved contracts may be considered renewed in future years, pending performance and availability of funds. E. Qualified Applicant Agencies Community-based organizations Private for profit agencies Non-profit agencies/institutions Educational Institutions Please note: A respondent must not be in default on any contracts or outstanding debts or payment to the County of Marin or any public entity. Applicants will be required to adhere to the statutes, regulations, and/or policies applicable to the funding that is provided.

6 PART TWO- PROGRAM OVERVIEW A. Subsidized Employment Program The Subsidized Employment Program (SEP) provides CalWORKs participants throughout Marin the potential to gain current work experience, improve skills, and gain unsubsidized employment. Participants may be engaged in other activities to enhance their employability concurrent with subsidized employment. Wages will be paid at the going rate that the employer of record typically pays workers who perform the same job function. For example, if someone is placed as a groundskeeper in an organization that normally pays $9.75 per hour for groundskeeping, then the subsidized employment participant will be paid at the same rate of $9.75 per hour. In no case will a participant s wages be less than the California minimum wage of $9.00 per hour. Time Period First two months Third and fourth Months Fifth and sixth Months County Will reimbursed 100% of wages from $9 per hour up to $20 per hour. Over $20 requires County pre-approval Will reimburse up to 50% of hourly wage Will reimburse up to 25% of hourly wage Compensation Contractor Will secure open positions with employers who have the ability to hire participant once subsidy ends. Employment sites are responsible for all payroll taxes, worker compensation, insurance, FICA, or any other related payroll expenses. Employer sites will cover the other 50% of the hourly wage, AND are responsible for all payroll taxes, worker compensation, insurance, FICA, or any other related payroll expenses. Employer sites will cover the other 75% of the hourly wage, AND is responsible for all payroll taxes, worker compensation, insurance, FICA, or any other elated payroll expenses. County will refer approximately participants who will work between hours per week. The County is not authorizing overtime for these positions and overtime should not be worked. No overtime will be paid by the County. Any overtime required by the subcontractor will be the contractor s responsibility. The length of subsidy will last up to six months from first day of placement at employer site. The County at its discretion will consider subsidizing wage longer than 6 months on a case-by-case basis. 1. Subsidized Employment Program Eligible Participants County staff will be solely responsible for referring participants to the services described in this RFI, subject to funding availability. County is also responsible for providing case management services for participants that may include supportive services such as child care, transportation, and ancillary services. Only County staff can authorize supportive services. Individuals targeted and referred by the

7 County are CalWORKs participants and will be screened by the County for appropriateness using the following guidelines: a) Ability to demonstrate satisfactory participation in the Welfare-to-Work Program. b) Have childcare available and in place if offered a job. c) Have reliable transportation. d) Have been assessed as job ready. e) Do not have substantial barriers to employment, such as untreated mental health, alcohol or other drugs, domestic violence, or legal issues. 2. Contractor Role The role of the Subsidized Employment Contractor is to coordinate subsidized employment activities for eligible participants. Contractor is responsible for supporting the participant and the employer throughout their participation in SEP; providing employment skills that may lead to subsidized employment positions; and reporting SEP data to County. Services to be provided under SEP must include, but are not limited to, the following: a) Contractor Services 1) Provide initial face-to-face contact with the participant within five (5) business days of the referral. Identify work experience positions and worksites which match the participant s vocational goals; taking into consideration the participant s interests, past work history, volunteer activities and education in order to identify core and transferrable skills. 2) Place participants into appropriate subsidized employment worksites within thirty (30) calendar days of the referral to the SEP program. 3) Provide job retention services for participants for the duration of their subsidized employment. 4) Provide a grievance procedure and obtain the individual s signature verifying their review of the procedure. 5) Provide culturally-inclusive services regardless of participant s primary language. Provide translation and/or interpreter services, as necessary. 6) Ensure that any individual who does not meet requirements or who cannot be served for other reasons is referred back to County staff for further assistance as soon as identified.

8 7) Submit all reports required by the County, including client attendance reports as well as the Monthly Performance Report containing all required data elements. 8) Comply with state and federal worker protection provisions outlined in the Welfare and Institutions Code Section CALIFORNIA WELFARE AND INSTITUTIONS CODE. 3. County Responsibilities for Subsidized Employment Program (SEP) a. County shall identify and refer individuals that meet the criteria of the SEP and provide a copy of the individual s Welfare-to-Work plan. b. County shall designate number of hours per week that each referred individual shall participate in program. c. County shall ensure that individuals referred have necessary supportive services to allow participants to work. d. County shall be responsible for providing appropriate participant support services. Support services include childcare, transportation, and work-related expenses. e. County shall be responsible for directly reimbursing Contractor (as the employer of record) for wage subsidy. f. County shall monitor a monthly status report provided by Contractor. g. County shall collect and review attendance records. 4. Subsidized Employment Program (SEP Performance Standards) SEP Performance Standards are as follows: a. Seventy five percent (75%) of enrolled participants will be placed in a subsidized employment worksite or in unsubsidized employment within 30 calendar days or referral into SEP. b. Ninety (90) calendar days after placement into a subsidized employment worksite, seventy-five percent (75%) of participants will have either maintained participation in subsidized employment or transitioned to unsubsidized employment. c. Contractor will submit all reports required by the County, including a monthly performance report that included the require data elements listed below, as well as written documentation verifying participant attendance. Goals Timeframe Performance Standard Subsidized Employment Placement Rate Worksite Placement Retention Rate Within 30 days of referrals At 90 days following placement 75% 75%

9 As the employer of record, the Contractor will also be responsible for managing not only the payroll process but also the following areas: Governmental reporting Processing payroll taxes Workers compensation and claims Unemployment claims and hearings Wage garnishments B. Program Administration In addition to the program services listed above, the Contractor will be responsible for fiscal recordkeeping and any necessary audits. Contractor will be responsible for complying with all requirements of CalWORKs WTW and California Department of Social Services and the California Welfare Department Association (CWDA). Contractors will reimburse County for any funds expended for non-allowable costs that are discovered by audit and for which the County is compelled to refund the money to the State or other funding agency. C. Program Requirements Performance Measures for projects funded under this RFI shall be those ultimately required by the California Department of Social Services and the California Welfare Department Association. See Section 5. Subsidized Employment Program (SEP Performance Standards).

10 PART THREE EVALUATION PROCESS General Submission and Format Instructions The letter of intent package (signed original and five (5) copies, plus an electronic copy on a memory stick in Microsoft Word) must be received at the following location no later than 4:00 p.m. on Monday, November 24, Marin County Health & Human Services, CalWORKs Employment Services 120 North Redwood Dr., Third Floor East San Rafael, CA Attention: Andrea Bizzell, Program Manager I Proposals received with insufficient copies cannot be properly disseminated to the Evaluation Committee and other reviewers for necessary action and therefore will not be processed. Faxed copies will not be accepted. A proposal received after the date and time indicated above will not be accepted. No verbal proposals will be considered. Proposals that do not follow instructions and/or fail to respond to all parts of the RFI shall be deemed non-responsive and will not be considered. The County will not accept any amendments, revisions or alterations after the proposal due date unless the changes are requested by the County. A. Proposal Format All proposals must be on eight and one half by eleven-inch (8 1/2" x 11") paper, with font no smaller than 12 point. The proposal should be limited to the page maximums described below. Each proposal must include the following four components - Proposal Summary: 2 pages, Project Description and Design: 10 pages, Budget sections 3 pages (excluding attachments), and Contractor Qualifications: 3 pages. Please label each section as such. Proposals should also be provided on a flash drive. B. Rejection/Modification of Proposals In addition to the authority reserved elsewhere in this RFI, the County reserves the right to reject any or all proposals, or any part of any proposal, received and to negotiate with any or all-prospective contractors on modifications to proposals at their discretion. C. Failure to Comply Failure to comply with any part of this RFI may result in rejection of the proposal as non-responsive. The proposed services and program approach must comply with the requirements set forth in this RFI. D. Disputes The CalWORKs program encourages the use of informal resolution to address complaints or disputes arising over any actions in implementing the provisions of this RFI. Written complaints should be

11 addressed to Racy Ming, Program Manager II, Marin County Health & Human Services, Employment and Training Branch, 120 N. Redwood Dr., Third Floor East, San Rafael, CA E. Appeal Process Any applicant disqualified for not meeting the minimum criteria may appeal this decision within five calendar days of the issuance of the disqualification rejection notice. The review shall be limited to information provided in writing. The appellant must set forth the facts that support the requested relief. The review will be limited to disputes regarding the Contractor Qualifications: 1. The full name, address, and telephone number of the appealing party. 2. A brief statement of the reasons for appeal including any citations of the Request for Intent and other pertinent documents. 3. A statement of the relief sought. Appeals must be submitted in writing to Racy Ming, Program Manager II, Marin County Health & Human Services, Employment & Training Branch, 120 N. Redwood Dr., Third Floor East, San Rafael, CA F. Cost of Preparing Proposals Costs for developing the proposals are solely the responsibility of the applicants. The County will not provide reimbursement for such costs. The proposal documents shall become the property of the County upon submission. G. Proposal Confidentiality Applicant acknowledges and agrees that the County is a public agency subject to the disclosure requirements of the California Public Records Act ("CPRA"). If Applicant s proprietary information is contained in documents or information submitted to County and Applicant claims that such information falls within one or more CPRA exemptions, Applicant must clearly mark such information "CONFIDENTIAL AND PROPRIETARY," and identify the specific lines containing the information. In the event of a request for such information, the County will make reasonable efforts to provide notice to Applicant prior to such disclosure. If Applicant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Marin County before the County's deadline for responding to the CPRA request. If Applicant fails to obtain such remedy within County's deadline for responding to the CPRA request, County may disclose the requested information without penalty or liability. Applicant further agrees that it shall defend, indemnify and hold County harmless against any claim, action or litigation (including but not limited to all judgments, costs, fees, and attorney s fees) that may result from denial by County of a CPRA request for intent arising from any representation, or any action (or inaction), by the Applicant.

12 H. Most Favorable Terms The County reserves the right to make an award without further discussion of the proposal submitted. Therefore, proposals should be submitted initially with the most favorable terms that the applicant can propose. Applicants should be prepared to accept the terms of this RFI for incorporation into a contract resulting from this RFI, as well as any terms and conditions required by the state and federal funding sources for this RFI. A template of the anticipated Marin County contract is attached. Contract negotiation may provide for the incorporation of the applicant's proposal. It is understood that the proposal will become a part of the official file on this matter without obligation to the County. I. Limitation and Reservations of Rights This RFI does not commit the County to award a contract, to pay any costs incurred in the development of the proposal, or to procure or contract for services or supplies. At its discretion, the County reserves the right to accept or reject any proposal submitted in response to this RFI, or to cancel in part or in its entirety this RFI if it is in their best interest to do so. In the event no proposals are deemed acceptable the County may select to operate by other means. J. Proposal Questions or Additional Information Please submit your request for additional information or questions by via the County s website at No telephone questions will be accepted or considered. subject line should read: QUESTION REGARDING CalWORKs SUBSIDIZED EMPLOYMENT PROGRAM RFI. Questions should refer to the specific RFI paragraph number and page and should quote the passage being questioned. The final date for receipt of questions is Monday, November 24, All questions received and the answers provided will be posted on the County of Marin website at

13 PART FOUR PROPOSAL DEVELOPMENT Each proposal must include the following four components (Proposal Summary, Project Description and Design, Budget, and Contractor Qualifications). Please organize the proposal as shown below: Section Proposal Documents 1 Proposal Summary 2 2 Project Description and Design 10 3 Budget 3 4 Contractor Qualifications 3 Maximum Number of Pages for Section Maximum Number of Pages A. Proposal Summary Maximum 2 Pages The Proposal Summary is designed to serve as the cover sheet. The summary should consist of the following information: Legal name of agency or business; Address; Telephone; Fax number; Contact person; Contact person s address; Type of organization (private non-profit; educational institution, or other [specify]); Total number to be served; Total dollar amount requested; Cost per participant; and The following statement signed by a person authorized to make proposals and enter into contact negotiations on behalf of your agency: I certify that to the best of my knowledge the information contained in this proposal is accurate and complete and that I have the legal authority to commit this agency to a contractual agreement. I understand that final funding for any service is based upon funding levels and the approval of the Marin County Board of Supervisors. B. Project Description and Design Maximum: 10 Pages The Project Description and Design describes the program design, and any leveraged resources. At a minimum this description shall include the main purpose of the program; geographic area to be served; the goals and objectives, including performance levels- details of utilizing labor market information to promote unsubsidized employment opportunities; the target group(s) to be served; number of

14 participants estimated to be served; a participant flow description; staffing plan; a description of partnerships including operational linkages and employer relationships; and a description of the anticipated work sites that will meet the services outlined in this RFI. C. Budget Maximum: 3 Pages The Budget includes the agency s line item budget and service plan for this program and a narrative, if necessary. Format as follows: 1. Funds Requested Staff Positions these are personnel costs (include a breakout that lists job titles, rate of pay, and full time equivalent (FTE) or anticipated time to be spent in project activities, as well as fringe benefit rate) Participant wage expenses (provide average based on participants) Placement costs (Subsidized Employment) - includes worksite development and supervision Other costs these are operating expenses (includes such things as staff travel; communications; facilities [including rent/maintenance/utilities]; office supplies/training materials; equipment; insurance. 2. Leveraged Resources List other resources that contribute to the delivery of the proposed program. Include Budget Item (type of resource: training wages, staff, operating, etc.), brief description, actual or estimated amount, and source that contribute to the delivery of the proposed program. D. Contractor Qualification Maximum: 3 Pages (Not Including attachments) The Contractor Qualifications includes the description of your organization s demonstrated capacity to successfully administer the program described. All organizations must meet the following administrative and fiscal contractor qualifications in order to contract with the County to provide services for adults. All applicants must certify that they (and their subcontractors/ partners, if applicable) meet the following Contractor Qualifications, including required documentation, as part of their application. 1. Provide brief bios or qualifications of all key staff involved in project. Include partners as appropriate. 2. Demonstrable competency in the administration and operation of programs serving lowincome individuals with barriers to employment. Such competency: 1) may be acquired or demonstrated by the organization itself, by key administrative and operational staff in that organization, or through partnership(s) with other organizations. 3. Demonstrable competency in working with employers to place job seekers by providing 3 letters of support from local employers. 4. Must be legally authorized to conduct business in the State of California and have established administrative and program resources in the Marin County. Documentation: Tax

15 Identification Number and a description of the applicable administrative and program resources. 5. Must be able to provide the following written policies/procedures: a) Conflict of interest policy for staff and governing board. Documentation: copy of the conflict of interest policy. b) Grievance procedure for customers/clients. Documentation: copy of grievance procedure. 6. Must have proven fiscal capacity including capacity for fund accounting. Documentation: copy of most recent formal audit completed within last 2 years, as well as documentation that all findings were satisfactorily addressed. 7. Must have access to non-calworks funds sufficient to cover any disallowed costs that may be identified through the audit process. Documentation: revenue documentation. 8. Agrees that state, federal and/or local monitors or auditors, may review provider facilities and relevant financial and performance records, to ensure compliance with funding requirements. Documentation: certification statement 9. Demonstrated ability to collect outcome data, which measures performance to plan. 10. Does not discriminate against nor deny employment or services to any person on the grounds of race, color, religion, sex, national origin, age, disability, citizenship, political affiliation or belief. Documentation: copy of nondiscrimination policy and certification statement. 11. Complies with the 1990 Americans with Disabilities Act (ADA). Documentation: certification statement. 12. The County requires that all contractors carry $1,000,000 in liability insurance. The County must be named as an additional insured as it pertains to general liability, and specific language must be included on the signed endorsement to the policy. The insurance coverage requirements are described in the county of Marin s Professional Services Contract (Attachment 1). It is strongly suggested that applying entities be certain of the ability to secure this insurance and verification prior to submitting a proposal. Applicants who do not meet these minimum qualifications shall be deemed non-responsive and will not receive further consideration. Any proposal that is rejected as non-responsive will not be evaluated and no score will be assigned.

16 PART FIVE PROPOSAL REVIEW PROCESS A. Proposal Evaluation Proposals received in response to this RFI will be evaluated in several stages. County staff will initially screen the proposals to assure compliance with all RFI requirements and all relevant federal and state legislation. Proposals not meeting minimum requirements shall be deemed non-responsive and be rejected. An Evaluation Committee will review and score proposals according to the criteria and assigned points specified later in this section. County retains the right to request additional information from any applicant. The Evaluation Committee will make award and funding recommendations to the County who will make a formal recommendation to the Marin County Board of Supervisors. Applicants will be notified of the contract recommendation by December 10, The recommended grant award(s) will only become finalized upon approval by the Marin County Board of Supervisors. A respondent may not be recommended for funding, regardless of the merits of the proposal submitted, if they have a history of contract non-compliance with the County of Marin or other funding source and/or poor past or current contract performance with any county department or other funding source. The respondent may be given a provisional award with the stipulation that special terms and conditions regarding the areas of concern will be a part of the contract. Following the evaluation and selection process, staff will negotiate with successful respondents to determine the contract terms and conditions. Copies of Contractor s policies, procedures, and/or audits will be requested during the negotiation period. County reserves the right to reject or to seek modification of any offer if, at the County s sole discretion, the offer does not assist the system in meeting overall service and performance objectives. No award is final until approved by the Marin County Board of Supervisors. B. Criteria Each proposal received in response to this RFI that meets minimum requirements will be evaluated and scored based on, but not limited to, the following criteria. Criteria Factors (include by not limited to) Points Program Description and Design Clarity, completeness and quality of overall service design and delivery plan and specific provisions for: The extent to which the service plan responds to identified needs, the barriers faced by customers and the conditions of the local area as well as the likelihood that the proposed service plan will result in the proposed outcomes The reasonableness of the level of investment in relation to the proposed outcomes The number of participants the applicant proposes to serve 45

17 Leverage Resources Demonstrated Capability Budget Detail The extent to which funding received under this RFI allows the 5 contractor to leverage other resources The extent and quality of local community partnerships involved in making contributions to the project. The extent to which the applicant demonstrates a history of success in 40 serving a comparable target group; The extent to which the applicant demonstrates the ability to effectively execute contract management responsibilities Demonstrated ability to quickly place participants in jobs aligned with participants employment goals Demonstrated ability to provide culturally-inclusive services regardless of participant s primary language History of performance for any similar projects Clarity and completeness of budget detail; 10 Reasonableness of and need for program costs; Appropriateness of cost (proposals may not include non-allowable costs) Cost per individual; Projected budget effectively supports the proposed program; Evidence in the proposal of leveraging of resources and in-kind contributions which will assist in meeting proposal outcomes TOTAL 100

18 PART SIX LEGAL REQUIREMENTS A. BOILERPLATE CONTRACT Attachment 1 is the County s boilerplate contract. The successful Applicant will be required to comply with the terms and conditions presented in this contract. B. GOVERNING LAWS/JURISDICTION AND VENUE This Request for Intent and any resulting agreement, contract and purchase order shall be governed by all applicable federal, state and local laws, codes, ordinances and regulations, but not limited to, those promulgated by CAL-OSHA, FED-OSHA, EPA, EEOC, DFEH, the California State Department of Health Services, and the County of Marin Environmental Health Department. All matters and subsequent contract shall be governed by and in accordance with the substance and procedural laws of the State of California and venue shall be in the County of Marin. C. NUCLEAR FREE ZONE The County of Marin is a nuclear free zone in which work on nuclear weapons and/or the storage or transportation of weapons related components and nuclear material is prohibited or appropriately restricted. The County is prohibited or restricted from contracting for services or products with, or investing County funds in, any nuclear weapons contractor. E. GENERAL PROVISIONS The County may in its discretion accept or reject in whole or in part any or all proposals, may cancel, amend or reissue the RFI at any time prior to contract approval and may waive any immaterial defect in a proposal. The County s waiver of an immaterial defect shall in no way modify the proposal requirements or excuse the applicant grantee from full compliance with the objective if awarded the contract. After submission of the proposals and closing of the application period, no information other than this RFI document will be released until after an award becomes final. While it is the intention to award the contract to one respondent, the County reserves the right to split the award in any manner deemed most advantageous to the County. F. Assurances The Contractor will be expected to be in compliance with all provisions and assurances as outlined in the contract exhibit(s).

19 CAO Contract Log # COUNTY OF MARIN Dept. Contract Log # PROFESSIONAL SERVICES CONTRACT Edition 1 THIS CONTRACT is made and entered into this day of, 20, by and between the COUNTY OF MARIN, hereinafter referred to as "County" and, hereinafter referred to as "Contractor. RECITALS: WHEREAS, County desires to retain a person or firm to provide the following service: ; and WHEREAS, Contractor warrants that it is qualified and competent to render the aforesaid services; NOW, THEREFORE, for and in consideration of the Contract made, and the payments to be made by County, the parties agree to the following: 1. SCOPE OF SERVICES: Contractor agrees to provide all of the services described in Exhibit A attached hereto and by this reference made a part hereof. 2. FURNISHED SERVICES: The County agrees to: A. Guarantee access to and make provisions for the Contractor to enter upon public and private lands as required to perform their work. B. Make available all pertinent data and records for review. C. Provide general bid and Contract forms and special provisions format when needed. 3. FEES AND PAYMENT SCHEDULE: The fees and payment schedule for furnishing services under this Contract shall be based on the rate schedule which is attached hereto as Exhibit B and by this reference incorporated herein. Said fees shall remain in effect for the entire term of the Contract. Contractor shall provide County with his/her/its Federal Tax I.D. number prior to submitting the first invoice. 4. MAXIMUM COST TO COUNTY: In no event will the cost to County for the services to be provided herein exceed the maximum sum of $ including direct non-salary expenses. As set forth in section 14 of this Contract, should the funding source for this Contract be reduced, Contractor agrees that this maximum cost to County may be amended by written notice from County to reflect that reduction. 5. TIME OF CONTRACT: This Contract shall commence on, and shall terminate on. Certificate(s) of Insurance must be current on day Contract commences and if scheduled to lapse prior to termination date, must be automatically updated before final payment may be made to Contractor. The final invoice must be submitted within 30 days of completion of the stated scope of services. 6. INSURANCE: Commercial General Liability: The Contractor shall maintain a commercial general liability insurance policy in the amount of $1,000,000 ($2,000,000 aggregate). The County shall be named as an additional insured on the commercial general liability policy. Commercial Automobile Liability: Where the services to be provided under this Contract involve or require the use of any type of vehicle by Contractor, Contractor shall provide comprehensive business or commercial automobile liability coverage, including non-owned and hired automobile liability, in the amount of $1,000,

20 Workers Compensation: The Contractor acknowledges the State of California requires every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of the Labor Code. If Contractor has employees, a copy of the certificate evidencing such insurance, a letter of self-insurance, or a copy of the Certificate of Consent to Self-Insure shall be provided to County prior to commencement of work. Errors and Omissions, Professional Liability or Malpractice Insurance. Contractor may be required to carry errors and omissions, professional liability or malpractice insurance. All policies shall remain in force through the life of this Contract and shall be payable on a "per occurrence" basis unless County specifically consents to a "claims made" basis. The insurer shall supply County adequate proof of insurance and/or a certificate of insurance evidencing coverages and limits prior to commencement of work. Should any of the required insurance policies in this Contract be cancelled or non-renewed, it is the Contractor s duty to notify the County immediately upon receipt of the notice of cancellation or non-renewal. If Contractor does not carry a required insurance coverage and/or does not meet the required limits, the coverage limits and deductibles shall be set forth on a waiver, Exhibit C, attached hereto. Failure to provide and maintain the insurance required by this Contract will constitute a material breach of this Contract. In addition to any other available remedies, County may suspend payment to the Contractor for any services provided during any time that insurance was not in effect and until such time as the Contractor provides adequate evidence that Contractor has obtained the required coverage. 7. ANTI DISCRIMINATION AND ANTI HARASSMENT: Contractor and/or any subcontractor shall not unlawfully discriminate against or harass any individual including, but not limited to, any employee or volunteer of the County of Marin based on race, color, religion, nationality, sex, sexual orientation, age or condition of disability. Contractor and/or any subcontractor understands and agrees that Contractor and/or any subcontractor is bound by and will comply with the anti discrimination and anti harassment mandates of all Federal, State and local statutes, regulations and ordinances including, but not limited to, County of Marin Personnel Management Regulation (PMR) SUBCONTRACTING: The Contractor shall not subcontract nor assign any portion of the work required by this Contract without prior written approval of the County except for any subcontract work identified herein. If Contractor hires a subcontractor under this Contract, Contractor shall require subcontractor to provide and maintain insurance coverage(s) identical to what is required of Contractor under this Contract and shall require subcontractor to name Contractor and County of Marin as an additional insured under this Contract for general liability. It shall be Contractor s responsibility to collect and maintain current evidence of insurance provided by its subcontractors and shall forward to the County evidence of same. 9. ASSIGNMENT: The rights, responsibilities and duties under this Contract are personal to the Contractor and may not be transferred or assigned without the express prior written consent of the County. 10. LICENSING AND PERMITS: The Contractor shall maintain the appropriate licenses throughout the life of this Contract. Contractor shall also obtain any and all permits which might be required by the work to be performed herein. 11. BOOKS OF RECORD AND AUDIT PROVISION: Contractor shall maintain on a current basis complete books and records relating to this Contract. Such records shall include, but not be limited to, documents supporting all bids, all income and all expenditures. The books and records shall be original entry books with a general ledger itemizing all debits and credits for the work on this Contract. In addition, Contractor shall maintain detailed payroll records including all subsistence, travel and field expenses, and canceled checks, receipts and invoices for all items. These documents and records shall be retained for at least five years from the completion of this Contract. Contractor will permit County to audit all books, accounts or records relating to this Contract or all books, accounts or records of any business entities controlled by Contractor who participated in this Contract in any way. Any audit may be conducted on Contractor's premises or, at County's option, Contractor shall provide all books and records within a maximum of fifteen (15) days upon receipt of written notice from County. Contractor shall refund any monies erroneously charged. 2

21 12. WORK PRODUCT/PRE-EXISTING WORK PRODUCT OF CONTRACTOR: Any and all work product resulting from this Contract is commissioned by the County of Marin as a work for hire. The County of Marin shall be considered, for all purposes, the author of the work product and shall have all rights of authorship to the work, including, but not limited to, the exclusive right to use, publish, reproduce, copy and make derivative use of, the work product or otherwise grant others limited rights to use the work product. To the extent Contractor incorporates into the work product any pre-existing work product owned by Contractor, Contractor hereby acknowledges and agrees that ownership of such work product shall be transferred to the County of Marin. 13. TERMINATION: A. If the Contractor fails to provide in any manner the services required under this Contract or otherwise fails to comply with the terms of this Contract or violates any ordinance, regulation or other law which applies to its performance herein, the County may terminate this Contract by giving five (5) calendar days written notice to the party involved. B. The Contractor shall be excused for failure to perform services herein if such services are prevented by acts of God, strikes, labor disputes or other forces over which the Contractor has no control. C. Either party hereto may terminate this Contract for any reason by giving thirty (30) calendar days written notice to the other parties. Notice of termination shall be by written notice to the other parties and be sent by registered mail. D. In the event of termination not the fault of the Contractor, the Contractor shall be paid for services performed to the date of termination in accordance with the terms of this Contract so long as proof of required insurance is provided for the periods covered in the Contract or Amendment(s). 14. APPROPRIATIONS: The County's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Marin County Board of Supervisors, the State of California or other third party. Should the funds not be appropriated County may terminate this Contract with respect to those payments for which such funds are not appropriated. County will give Contractor thirty (30) days written notice of such termination. All obligations of County to make payments after the termination date will cease. Where the funding source for this Contract is contingent upon an annual appropriation or grant from the Marin County Board of Supervisors, the State of California or other third party, County's performance and obligation to pay under this Contract is limited by the availability of those funds. Should the funding source for this Contract be eliminated or reduced, upon written notice to Contractor, County may reduce the Maximum Cost to County identified in section 4 to reflect that elimination or reduction. 15. RELATIONSHIP BETWEEN THE PARTIES: It is expressly understood that in the performance of the services herein, the Contractor, and the agents and employees thereof, shall act in an independent capacity and as an independent Contractor and not as officers, employees or agents of the County. Contractor shall be solely responsible to pay all required taxes, including but not limited to, all withholding social security, and workers compensation. 16. AMENDMENT: This Contract may be amended or modified only by written Contract of all parties. 17. ASSIGNMENT OF PERSONNEL: The Contractor shall not substitute any personnel for those specifically named in its proposal unless personnel with substantially equal or better qualifications and experience are provided, acceptable to County, as is evidenced in writing. 18. JURISDICTION AND VENUE: This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Marin County, California. 3

22 19. INDEMNIFICATION: Contractor agrees to indemnify, defend, and hold County, its employees, officers, and agents, harmless from any and all liabilities including, but not limited to, litigation costs and attorney s fees arising from any and all claims and losses to anyone who may be injured or damaged by reason of Contractor s negligence, recklessness or willful misconduct in the performance of this Contract. 20. COMPLIANCE WITH APPLICABLE LAWS: The Contractor shall comply with any and all Federal, State and local laws and resolutions: including, but not limited to the County of Marin Nuclear Free Zone, Living Wage Ordinance, and Board of Supervisors Resolution # prohibiting the off-shoring of professional services involving employee/retiree medical and financial data affecting services covered by this Contract. Copies of any of the above-referenced local laws and resolutions may be secured from the Contract Manager referenced in section 21. In addition, the following NOTICES may apply: 1. Pursuant to California Franchise Tax Board regulations, County will automatically withhold 7% from all payments made to vendors who are non-residents of California. 2. Contractor agrees to meet all applicable program access and physical accessibility requirements under State and Federal laws as may apply to services, programs or activities for the benefit of the public. 3. For Contracts involving any State or Federal grant funds, Exhibit D must be attached. Exhibit D shall consist of the printout results obtained by search of the System for Award Management at Exhibit D - Debarment Certification By signing and submitting this Contract, the Contractor is agreeing to abide by the debarment requirements as set out below. The certification in this clause is a material representation of fact relied upon by County. The Contractor shall provide immediate written notice to County if at any time the Contractor learns that its certification was erroneous or has become erroneous by reason of changed circumstances. Contractor certifies that none of its principals, affiliates, agents, representatives or contractors are excluded, disqualified or ineligible for the award of contracts by any Federal agency and Contractor further certifies to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal Department or Agency; Have not been convicted within the preceding three-years of any of the offenses listed in 2 CFR (a) or had a civil judgment rendered against it for one of those offenses within that time period; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or Local) with commission of any of the offenses listed in 2 CFR (a); Have not had one or more public transactions (Federal, State, or Local) terminated within the preceding three-years for cause or default. The Contractor agrees by signing this Contract that it will not knowingly enter into any subcontract or covered transaction with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. The Contractor to this Contract and any subcontractor will provide a debarment certification that includes the debarment clause as noted in preceding bullets above, without modification. 4

23 21. NOTICES: This Contract shall be managed and administered on County s behalf by the Department Contract Manager named below. All invoices shall be submitted and approved by this Department and all notices shall be given to County at the following location: Contract Manager: Dept./Location: Telephone No.: Notices shall be given to Contractor at the following address(es): Contractor: Address: Telephone No.: Contractor: Address: Telephone No.: 22. ACKNOWLEDGEMENT OF EXHIBITS: Check applicable Exhibits CONTRACTOR S INITIALS EXHIBIT A. EXHIBIT B. EXHIBIT C. EXHIBIT D. EXHIBIT E. OTHER REQUIRED EXHIBITS (HHS USE ONLY) Scope of Services Fees and Payment Insurance Reduction/Waiver Contractor s Debarment Certification Subcontractor s Debarment Certification IN WITNESS WHEREOF, the parties have executed this Contract on the date first above written. CONTRACTOR: By: Name: Title: APPROVED BY COUNTY OF MARIN: By: COUNTY COUNSEL REVIEW AND APPROVAL (required if template content has been modified) County Counsel: Date: 5

24 EXHIBIT A SCOPE OF SERVICES

25 EXHIBIT B FEES AND PAYMENT SCHEDULE