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HomeMy WebLinkAboutRichard Beckman Realty Group (2016)MASON COUNTY PROFESSIONAL SERVICES CONTRACT REAL ESTATE SERVICES This CONTRACT is made and entered into by and between Mason County hereinafter referred to as "COUNTY" and Richard Beckman Realty Group, LLC hereinafter referred to as "CONTRACTOR." RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide professional real estate services including the sale of surplus property and additional services as deemed necessary; and y WHEREAS, COUNTY released a Request for Proposals (RFP) soliciting proposals from qualified individuals and/or firms, and the CONTRACTOR submitted a proposal which was awarded; 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: Special Conditions Offer Acceptance to Close of Sale Timeline: CONTRACTOR is responsible for ensuring that Offers to purchase being submitted to the County Commissioners for acceptance consideration include adequate time for processing the Offer. CONTRACTOR must allow a minimum of thirty (30) days from date of Offer submission to estimated ownership transfer (Closing) date with the understanding that any Counter -Offers made by COUNTY or the potential Buyer will add and additional fifteen (15) days to the processing timeline for each Counter -Offer. It is the CONTRACTOR's responsibility to inform the potential Buyers of the timeline. Marketing: CONTRACTOR will conduct marketing efforts at the expense of CONTRACTOR except for direct cost marketing, such as neighborhood flyers, community postcards and large format newspaper ads which may be approved and paid for by COUNTY. Any direct marketing cost must be approved in writing by County prior to incurring the expense. COUNTY will not be responsible for reimbursing CONTRACTOR for any expenses incurred prior to obtaining written approval. Seller Fees: COUNTY will be responsible for the costs associated with routine seller fees and/or charges associated with Closing. These costs may include, but would not be limited to: title, escrow, property taxes and similar. 1 Buyer Fees: COUNTY acknowledges that although Buyers fees and charges such as title, escrow, and property taxes are typically paid by the Buyer, these items can be negotiated as part of the real estate contract and may be paid by COUNTY if COUNTY agrees as part of the sale negotiation. Property Sale Closing After Contract Expiration: If COUNTY receives and accepts a purchase and sales agreement before the end of the term of this CONTRACT, and the Closing occurs after this CONTRACT expires, COUNTY will pay the agreed upon sates commission to CONTRACTOR. IRS WA9 Form: CONTRACTOR will provide COUNTY with a completed iRS W-9 form within five (5) days of CONTRACT execution. Additional Services: Should COUNTY request and CONTRACTOR agree to provide any additional services the services to be provided and the compensation the CONTRACTOR will receive must be detailed in a written document signed by individuals authorized to bind each of the parties. Present Offers: CONTRACTOR will present Offers to COUNTY at Commissioners' Briefings if requested by COUNTY's Property Manager or designee. General Conditions Scope of Services: The CONTRACTOR agrees to provide COUNTY the services and any materials as required to provide the identified services during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Performance Period: The performance period for this CONTRACT will start upon date of the last signature and will last for one (1) year. Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties for a period of one additional year. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. Compensation: CONTRACTOR will be paid a commission for sales as follows: Commercial property at seven percent (7%) of the gross sales price; Residential property at six percent (6%) of the gross sales price; and Vacant Land at eight percent (8%) of the gross sales price. A minimum commission of $700.00 will be paid regardless of sales price or proceeds. CONTRACTOR's commission will be paid at time of Closing by the Escrow Company handling the transfer of ownership. 2 Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not Limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12 040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in "Compensation" above and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. Conflict of interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. CONTRACTOR has disclosed that a Mason County employee works for the Richard Beckman Realty Group as a licensed Real Estate agent which, at the time of contract execution, has not been deemed a conflict. Non -Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with ail laws prohibiting discrimination against any employee or 3 applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub -contractor, provided that the foregoing provision shall not apply to contracts or sub -contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non -Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or Toss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub -contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such 4 information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit A Insurance Requirements." Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: 1. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's 5 subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, Toss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County Budget Manger or his/her designee as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Budget Manager Mason County 411 N. 5th Street Shelton, WA 98584 CONTRACTOR's Primary Contact's Information: Richard Beckman, Designated Agent Richard Beckman Realty Group 117 N 8th Street Shelton, WA 98584 Phone: 360-426-5521 E-mail: richard t, richardbeckman.com Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand -delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. if the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that. are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2 The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and 7 complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre -award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. 8 Order of Precedence: A. Applicable federal, state and county statutes, regulations and federal and state executive orders. B. CONTRACT -Special Conditions C. CONTRACT -General Conditions D. Request for Real Estate Services Proposal as Issued by COUNTY E CONTRACTOR's Proposal as Submitted and Revised by CONTRACTOR Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Exhibits: Exhibit A -Insurance Requirements Exhibit B--Request for Proposals Exhibit C-Proposal Submitted by Richard Beckman Realty Group, LLC IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. RICHARD BECKMAN REALTY GROUP, LLC BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON d �f Richard BecTcman, Designated roker Dated: /OA/ eb 9 Terri Jeffrey Dated: hal APPROVED AS TO FORM; Tim Whits hea •_#pie DPA EXHIBIT A INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. 2 Workers' Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on iSO Business Auto Coverage form CA 00 01 including owned, non -owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds, Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shaII be applicable to COUNTY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. 5. Professional Liability --CONTRACTOR must provide Errors and Omissions Liability coverage with a minimum limit of no Less than $1,000,000 per occurrence and as an annual aggregate. B. Certificate of insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter "indemnifying parties") to comply with these provisions. 2 CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 4, All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5, Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this CONTRACT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self --insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. if CONTRACTOR's existing coverage includes a self - insured retention, the self -insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self - insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9, it is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, is intended to apply on a primary non- contributing basis in relation to any other insurance or self-insurance available to COUNTY. EXHIBIT B REQUEST FOR PROPOSAL MASON COUNTY SUPPORT SERVICES 411 North 5th Street Shelton, WA 98584 REQUEST FOR PROPOSAL Mason County Real Estate Professional Services 1 Purpose of Request Mason County Support Services is requesting proposals for the furnishing of all staffing and services necessary to provide real estate services on a competitive level for 2016/2017. The Mason County Real Estate Professional contract will be issued September of 2016, with an option for the County to extend the agreement for one-year. The Mason County Real Estate Professional contractor and the Mason County Board of Commissioners will review the contractual aTangement at the conclusion of the first year to determine if the option will be exercised. The County's needs are outlined in the following Request for Proposal (RFP). Real Estate Services desired are for the contractor to market and offer for sale current Mason County surplus properties and additional services as might be deemed necessary. II Estimated Timeline (all dates except Deadline for Proposals are estimates) Issue RFP Deadline for Submittal ofPYaposal Selection Proposers 9670, ext. m • July 2016 July 29, 2016 (by 3:00 p.m) September 2016 are invited to gain additional information by contacting Mason County Support Services (360) 427- 530 and scheduling an appointment with Frank Pinter. All proposals should be sent to: Frank Pinter, Property Manager/Support Services 411 North 5th Street Shelton, WA 98584 (360) 427-9670, ext. 530 All proposals must be in a sealed envelope and clearly marked in the lower left-hand corner: RFP-Mason County Real Estate Professional Services. All proposals must be received by Friday, July 29th, 3:00 p.m, Two (2) copies of the RFP must be presented. No faxed or telephone proposals will be accepted. • Proposals should be prepared simply and economically, providing a straightforward, concise description of provider capabilities to satisfy the requirements of the request. Special bindings, colored displays, promotional materials, etc. are not desired. Emphasis should be on completeness and clarity of content. All proposals must include the following information. • The names of individuals from the firm who will be working on the project and their areas of responsibility. • A proposal of any program requirements the proposer would recommend based on a one-year contract. • Proposed financial agreement for real estate services. a A sample property marketing and sales strategy. • A short narrative of how the proposer intends to implement a real estate program for the County. • An explanation of needs or requirements the contractor would need from the County. • Acknowledgement that employees will be required to pass a criminal background check to access any County buildings, especially the courthouse • Disclosure of any conflict of interest • Current list of County Surplus Real. Estate is available on request. • Proposer to submit Attachment "A" Acknowledgment with proposal. ZV Selection Criteria The ultimate objective of this RFP is to provide quality and dependable services to the Mason County Board of Commissioner. Accordingly, the County will select the successful contractor after evaluation of the following RFP elements: Compensation to the County financial proposal 50% Competitiveness of the proposed contract cost of the same or superior quality as those offered by competing proposers. Proposer should state the sales percentage of each sale the contractor desires from each transaction. 2 Marketing Plan for the sale County Real Estate 3. Experience of contractor and knowledge of local real estate market Total Criteria Weight Each proposal will be independently evaluated on factors 1-3 V. Terms and Conditions 25% 25% 100% • The County reserves the right to reject any and all proposals and to waive minor irregularities in any proposal. • The County reserves the right to request clarification of information submitted and to request additional information from any proposer. • The County reserves the right to award any contract to the next most qualified contractor if the successful contractor does not execute a contract within thirty (30) days after the award of the proposal. • Any proposal may be withdrawn, up until the date and time set for opening of the RFP's. Any RFP not so timely withdrawn, shall constitute an irrevocable offer for a period of ninety (90) days, to sell to the County the services described in the attached specification, or until one or more of the proposals have been approved by the County Commissioners, whichever occurs first. • The contract resulting from acceptance of a RFP by the County, shall be in a form supplied or approved by the County and shall reflect the specifications in this RFP. The County reserves the right to reject any proposed agreement or contract that does not conform to the specifications contained in this RFP and which is not approved by Mason County. • The County shall not be responsible for any costs incurred by the firm in preparing, submitting or presenting its response to the RFP. Failure to submit all required items in response to this RFP shall result in rejection of any proposal not so 41 complying. VI Scope of Services `1`he proposer shall provide services of the highest quality and dependability, during the days and hours listed below: Mason County Real Estate Professional Services: Work to be completed at discretion of the contractor September 2016 through December 2017 with an option for the County to extend the agreement for one year. VII Compensation A. Please present detailed information on the firm's proposed fee schedule (percentage or per transaction) for the specifications proposed and for any variation for non -routine services, inclusive of any other applicable governmental charges. B. In the event of a contract award, proposers shall be required to submit an itemized statement in the form specified by the County and approved by the appropriate County representative, which shall specifically set forth the services performed and the applicable fee charged by the contractor. vICI Contractor Insurance Requirements. Alt insurance provided shall be primary and non- contributory. 1) Commercial General Liability. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate; 2) Workers' Compensation. Workers' compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses; 3) Business Auto Coverage. $1,000,000 combined single limit per accident for bodily injury and property damage; 4) Excess or Umbrella Liability Insurance. If used to meet the limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. 5) Contractor Errors and Omissions Liability. $1,000,000 per occurrence and as an annual aggregate. Ix Independent Contractor It is the intention and understanding of the County that the Contractor shall be an independent contractor and that the County shall be neither liable for nor obligated to pay sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of employment. Contractor shall pay all income and other taxes as due. Industrial or other insurance that is purchased for the benefit of Contractor shall not be deemed to convert this Contract to any employment contract. It is recognized that Contractor may or will be performing services during the term of the Contract for other parties and that the County is not the exclusive user of the Contractor's services. X Equal opportunity Employer Mason County is an equal opportunity employer. We strive to create a working environment that includes and respects cultural, racial, ethnic, sexual orientation and gender identity diversity. Women, racial and ethnic minorities, persons of disability, persons over 40 years of age, veterans or people with military status, and people of all sexual orientations and gender identities are encouraged to apply. • Attachments: Acknowledgment I/4h Na“please pS2Pafts r' �t) Company Name Attachment A ACKNOWLEDGMENT OF CERTAN CONDITIONS OF MASON COIJTNTY REAL ESTATE PROFESSIONAL SERVICES In the event of a successful award of contract, proposer acknowledges that: a Proposer: He/She will be able to comply with the insurance requirements of the Real Kstate Services Contract and to provide in a timely manner, a certificate of insurance. He/She will have in their possession, or will obtain prior to contract commencement, a valid business registration, as well as all other required permits or licenses required by the State of Washington, Mason County or any other lawful authority. Sim . tine f rO! EXHIBIT C PROPOSAL SUBMITTED BY RICHARD BECKMAN REALTY GROUP, LLC Richard Beckman Realty Group 117 N 8th St, Shelton WA 98584 360-426-5521 • The names of individuals from the firm who will be working on the project and their areas of responsibility. • Richard Beckman, Designated Broker, List properties, present offers, negotiate deals • Darin Holland, Licensed Broker, Assistant to Richard Beckman Devoney Maetas, Assistant (clerical duties) • Robin Bums, Assistant (digital marketing: blogs, Facebook, website content, etc) A proposal of any program requirements the proposer would recommend based on a one-year contract. • Richard Beckman Realty Group would request to be awarded all the properties available to best service Mason County. This will insure a single point of contact for Mason County and provide consistency in listing properties and marketing efforts. • Mason County will provide a single electronically editable spreadsheet (preferably in Excel format) of all properties that the seller would like to potentially sell. This list should exclude properties that the County does not want to sell. Proposed financial agreement for real estate services. • • • • • Properties are one of three categories: Commercial, Residential or Vacant Land. Each category has a different commission % of the gross sales price as follows. o Commercial - 7% o Residential 6% o Vacant Land - 8% A minimum commission of $700 will be paid, regardless of sales price or proceeds to Mason County. Most marketing efforts are at the expense of Richard Beckman Realty Group. However, special requested direct cost marketing, such as: neighborhood flyers, community postcards and large format newspaper ads would be at the expense of the seller. Richard Beckman Realty Group is also a full service rental management company. In the event Mason County owns real estate that has tenants, Richard Beckman Realty Group can service the rental (collect rent, facilitate repairs, disperse rent payments, place tenants in units, evictions, etc) Other routine seller fees / charges associated with closings(ownership transfer) are the responsibility of Mason County. This may include, but would not be limited to: title, escrow, property tax, etc. Although buyers fees / charges (title, escrow, property tax,etc) are typically paid by the buyer, these items can be negotiated as part of the real estate contract and may be paid by the seller if the seller agrees to it. This will be addressed on a case by case basis. • When representing Mason County as a purchaser of property for sale through the NWMLS or other brokerage type exchanges, the seller typically will pay commission. in the event Mason County wants the Richard Beckman Group to help acquire property outside of a MLS service, a 6% commission will be charged. • Should the County receive and accept a purchase and sales agreement before the end of the term of this agreement, and the closing occurs after this agreement expires, Mason County will pay the agreed upon sales commission to Richard Beckman Realty Group. A sample property marketing and sales strategy. • • Richard Beckman Realty Group own and maintains numerous Internet domain names that specifically advertise to different market segments and communities. The use of these top ranking websites, combined with our our social media efforts insure we reach the most possible available buyers for each property. Further, we utilize email campaigns and in some cases (where justified), newspaper ads to broaden our reach and obtain more potential buyers of properties we represent, Buyers searching for property in Mason County will see our sites and thus our listings first as our sites rank on the first page of major search engines: Google, Yahoo, Bing, etc. • You may be asking why we emphasize so much on the Internet marketing aspect of our business, the answer is simple. Over 90% of all property searchers, search, find and research property on the Internet. Our direct marketing websites generate hundreds of unique page views daily, capturing potential buyers. A short narrative of how the proposer intends to implement a real estate program for the County. Richard Beckman Realty Group would initially take the available properties and "drip" them into our marketing system. This will help insure that new Listings each get some top of mind awareness and that we do not flood a particular community with too many new listings at once. • New properties that become available after the initial group will be placed immediately into our marketing system and efforts will be begin right away to locate buyers. An explanation of needs or requirements the contractor would need from the County. • Our only real requirement is time. Real estate transaction are time sensitive transactions. We would require Mason County to promptly respond to questions or offers and provide a point of contact so that we may know who we should address questions and concerns with. Acknowledgement that employees will be required to pass a criminal background check to access any County buildings, especially the courthouse. It is hereby acknowledged that a background check will be required to access County buildings. Conflict of Interest • The Richard Beckman Realty Group has a Mason County employee working for them as a licensed Real Estate broker. Experience of contractor: Richard Beckman Realty Group has actively marketed the sellers property for the last year. In that time, we have successfully helped Mason County dispose of numerous surplus properties. Our experience, history of these transactions and success we have had so far in assisting Mason County sell property should speak for itself. Richard Beckman is a local expert with knowledge of our communities . Richard has been a Realtor R for over 15 years and is the designated broker / owner of Richard Beckman Realty Group, LLC. Over those 15 years, Richard went from an agent to owning his own company. In addition, Richard has seven other active Realtors R who are experienced and work directly in our communities and neighborhoods, helping both buyers and sellers.Prior to becoming a Realtor Richard worked as a marketing and sales representative for Realtor.com. Proposer to submit Attachment "A" Acknowledgment with proposal. See attached Attachment A ACKNOWLEDGMENT OP CERTAIN CONDITIONS OF MASON COUNTY REAL ESTATE PROFESSIONAL SERVICES In the event of a successful award of contract, proposer acknowledges that: • He/She will be able to comply with the insurance requirements of the Real Estate Services Contract and to provide in a timely manner, a certificate of insurance. • He/She will have in their possession, or will obtain prior to contract commencement, a valid business registration, as well as all other required permits or licenses required by the State of Washington, Mason County or any other lawful authority. Proposer: /; Signature g Richard Beckman Member Name (please print) Richard Beckman Realty Group, LLC Company Name 07/27/2016 Date