REQUEST FOR PROPOSALS RFP No. 2/14-239

Transcription

1 REQUEST FOR PROPOSALS RFP No. 2/ On-Call Temporary Labor Staffing Firms RFP Issue Date: February 14 th, 2014 Proposal Due Date: March 7 th, 2014 HOME FORWARD 135 SW Ash Street, 5th Floor Portland, OR 97204

2 REQUEST FOR PROPOSALS RFP No. 2/ On-Call Temporary Labor Staffing Firms To: Subject: Temporary Labor Staffing Firms Issue Date: February 14 th, 2014 Due Date: Submit Proposals to: RFP Contact: Document Availability: Request for Proposals (RFP) for on-call temporary labor staffing firms March 7 th, 10:00 AM No faxed or ed proposals will be accepted. Home Forward Procurement Department 135 SW Ash Street, 5 th Floor Portland, OR Berit Stevenson Procurement & Contracts Manager Home Forward 135 SW Ash Street, 5 th Floor Portland OR tel: fax: berit.stevenson@homeforward.org Hard copy of the RFP and all required forms and attachments may be obtained from Home Forward s Procurement Department at 135 SW Ash Street, 5 th Floor, Portland, Oregon, between the hours of 8:30 AM 4:30 PM beginning February 3 rd, Hard copy will also be available at the pre-proposal conference. Electronic copy of the RFP and all required forms may be obtained from the Home Forward web site at If the RFP is obtained via the website, a registration form must be faxed to Home Forward at or ed to berit.stevenson@homeforward.org in order to be added to the Prospective Proposers List and receive addenda RFP No. 2/

3 I. INTRODUCTION A. Notice B. Home Forward C. Project Overview D. Economic Participation Opportunities E. Contract F. RFP Schedule G. Changes to RFP II. SCOPE OF SERVICES A. Statement of Work III. SUBMISSION REQUIREMENTS A. Content Specifications 1. Cover Letter 2. Firm history & approach 3. References 4. Cost proposal B. Format Specifications IV. PROPOSAL EVALUATION & AWARD A. Evaluation Process B. Evaluation Criteria C. Written Proposal Evaluation D. Award of Contract TABLE OF CONTENTS V. STATEMENTS & REQUIRED INFORMATION A. Clarifications, Addenda, Protests of RFP Terms and Conditions B. Clarification of Proposals C. Protests D. Cancellation or Rejection, Waiver of Irregularities E. Cost of Proposal Preparation F. References G. Confidentiality H. Withdrawal of Proposals I. Reservation of Rights Concerning RFP VI. EXHIBITS A. Certification of Non-Discrimination (submission requirement) B. HUD Form 5369 C (submission requirement) C. Non-collusion Affidavit of Contractor (submission requirement) D. Sample form of contract E. Schedule A Job Classifications & Pay Rates RFP No. 2/

4 I. INTRODUCTION A. Notice HOME FORWARD REQUEST FOR PROPOSALS No. 2/ On-Call Temporary Labor Staffing Firms Proposals are requested from qualified Temporary Labor Staffing Firms (also referred to in the RFP as Proposer or Team ) for the provision of temporary labor services for various departments within Home Forward on an as-needed basis. Home Forward s Purchasing Department will accept proposals until March 7 th, 2014, 10:00 AM. The Purchasing Department is located at 135 SW Ash Street, 5 th Floor Portland, Oregon, Proposals should be clearly marked with the Proposer s name and address and the RFP title and number. Hard copy of the RFP and all required forms and attachments may be obtained from Home Forward s Purchasing Department at 135 SW Ash Street, 5 th Floor, Portland, Oregon, between the hours of 8:30 AM 4:30 PM beginning February 14 th, Electronic copy of the RFP and all required forms may be obtained from the Home Forward web site, If the RFP is obtained via the website a registration form must be faxed to Home Forward at or ed to berit.stevenson@homeforward.org in order to be added to the Prospective Proposers List and receive addenda. Home Forward has established an aspirational goal of 20% participation by Minority-Owned, Women-Owned & Emerging Small Businesses (M/W/ESBs) certified by the State of Oregon for this project. RFP Contact: Berit Stevenson Purchasing & Contracts Manager Home Forward RFP No. 2/

5 B. Home Forward The mission of Home Forward, formerly the Housing Authority of Portland, is to assure that the people of our community are sheltered. Home Forward has a special responsibility to those who encounter barriers to housing because of income, disability or special need. Home Forward is an independent public corporation authorized by the State of Oregon under the Oregon Revised Statutes to Home Forward was established on December 11, 1941, by Resolution of the Council of the City of Portland. In 1992, Home Forward's jurisdiction was expanded to include all of Multnomah County. The organization is governed by a nine-member citizen Board of Commissioners appointed to represent the people of their communities in making major policy decisions for Home Forward. Commissioners are also responsible for hiring an Executive Director, who oversees the day-to-day operations of the organization and its nearly 300 employees. The Executive Director implements the policies and programs established by the Board. Members of the Board serve without pay. Website: C. Project Overview Proposals are requested from qualified Temporary Labor Staffing Firms (also referred to in the RFP as Proposer ) for the provision of temporary labor services for various departments within Home Forward on an as-needed basis. Home Forward anticipates selecting one or multiple contractors to provide some or all of the temporary labor services for the term of the 3-year contract. Proposals will be accepted for one or more area of expertise included in the scope below (e.g. Business Services or Information Technology). D. Economic Participation Opportunities Home Forward values fair and open access to opportunities for businesses and the workforce. In this regard, State of Oregon certified M/W/ESBs and Section 3 Business certified by the City of Portland are encouraged to respond to this RFP. E. Contract The firm(s) selected shall enter into a personal services contract with Home Forward. This solicitation may result in one or more contracts. The contract form is attached as Exhibit D. F. RFP Schedule Home Forward reserves the right to deviate from this schedule. [RFP Schedule] RFP Issue Date 2/14/2014 Deadline for Written Requests for Information 2/27/2014 Last Addendum Issue Date (if needed) 2/28/2014 Proposals Due 3/7/2014 Evaluation 3/7/2014 to 3/21/2014 Notice of Intent to Award 3/21/2014 Board Approval 4/15/2014 Contract Execution 5/1/2014 RFP No. 2/

6 G. Changes to RFP Home Forward reserves the right to change this RFP. Changes shall be by written addendum and shall be issued to all entities on Home Forward s Prospective Proposers List for this RFP. Proposers must register with Home Forward to be included on the prospective Proposer List. Proposers shall not rely on verbal or written representations regarding this RFP except for written addenda issued by Home Forward. A prospective Proposer may request a change to the RFP, by submitting a written request to the RFP Contact. The request shall specify the provision of the RFP or Agreement in question and shall contain an explanation for the requested change. Home Forward shall evaluate any request submitted but reserves the right to determine whether to accept or reject the change. All requests for changes shall be submitted in writing to Home Forward no later than 2:00PM on February 27 th, II. SCOPE OF SERVICES A. Statement of Work III. Proposer will provide Home Forward with trained, skilled and experienced professional temporary Business Services or Information Technology personnel charged at an hourly rate on an asneeded basis. Hourly rates must include all direct costs and indirect overhead expenses. (Employee wages, employer profits, benefits, vacation, sick time, insurance, et cetera) Temporary personnel positions will consist of but are not limited to accounting support, finance, customer service, receptionist, clerk/general office, administrative assistant, property management, data entry, helpdesk/desktop/pc support, including at times to public or multiple user labs, software QA, technical training, and/or graphic design/desktop publishing. Some positions or work site locations will involve working with a low income population including those with mental and physical disabilities. These positions especially will require excellent interpersonal skills and the ability to remain calm and professional when faced with challenging customers and situations. Positions may be full-time (35-40 hrs/wk) or part time (<35 hrs/wk). Work days may consist of weekdays, weekends, evening, swing and holiday shifts. Specific schedules will be provided as temporary services are requested. SUBMISSION REQUIREMENTS A. Content Specifications To be considered responsive and responsible, each Proposer shall respond to the following requirements. Respond only to the items listed below, and include only relevant information. Do not include lists (past projects, past clients, etc.) unless specifically requested. Responses must be specific and complete unto themselves. Any submittal or material that, in the opinion of Home Forward, does not fully and completely address these requirements will not be reviewed by the Selection Committee (Committee). Brevity is encouraged.. 1. Cover Letter Introduce your Team and describe your business philosophy. Cover letter shall be signed by duly authorized representative of Proposer. Indicate all addenda received, if applicable. 2. Firm History and Approach (40 points) Present firm s history and approach to providing the required services. Include number of years in continuous operation; area of expertise; current number of temporary staff available; current client list. Discuss firm s training and placement protocols Indicate capacity to provide bi-lingual staff if requested. Describe typical customer interactions from initial inquiry to placement and close-out of placement. Describe your approach to Workforce Diversity. Include State of Oregon M/W/ESB certification and/or City of Portland Section 3 certification information if applicable. Minimum requirement is two years of continuous operation in the Portland metropolitan area. RFP No. 2/

7 3. References (20 points) Provide current contact information for up to four similar clients 4. Cost Proposal (40 points) Given the minimum wage requirements using schedule A proposers shall provide cost information for potential temporary staff services. Include costs for contract conversion and replacement of unsuccessful placements. B. Format Specifications Each proposal shall comply with the following specifications: x 11 format, either vertical or horizontal. 2. Font size no smaller than 10 points. 3. Pages numbered sequentially. The proposal shall not exceed 10 pages. Pages in excess of 10 will not be evaluated, and only the first 10 pages will be evaluated. The page limit does not include front and back covers, section dividers, or items noted for inclusion in an appendix. 4. Submit one (1) full color hard copy original of the proposal secured with a binder clip. Do not bind the original. Submit (4) four additional full color or black and white bound copies. 5. Submit only one (1) full color hard copy original of each of the following appendix items secured with a binder clip. Do not bind the appendices. These pages will not be counted within the page limit. a. Resumes of key personnel (optional) b. Reference letters (optional) c. Exhibit B, Certificate of Non-Discrimination (required) d. Exhibit D, HUD Form 5369 C (required) e. Exhibit M, Non-collusion Affidavit (required) 6. The original proposal and copies shall be enclosed in a sealed envelope marked with the RFP number, and the name and address of the Proposer. 7. The original appendix items shall be enclosed in a separate sealed envelope marked with the RFP number, and the name and address of the Proposer. IV. PROPOSAL EVALUATION & AWARD A. Evaluation Process The following process will be generally followed for the evaluation and award of a contract(s). 1. Determine if proposals meet minimum requirement(s); 2. Evaluate responsive proposals; 3. Selection of firm(s); 4. Home Forward Board of Commissioners approval of contract award(s). B. Evaluation Criteria Evaluation Criteria Points Firm History and Approach 40 References 20 Cost Proposal 40 RFP No. 2/

8 Home Forward reserves the right to investigate the qualifications of all Proposers under consideration and to confirm any part of the information furnished by a Proposer, or to require additional evidence of managerial, financial, technical, or other capabilities that are considered necessary for the successful performance of the work. The Selection Committee will employ only those evaluation criteria set forth in this RFP or in addenda that may be issued prior to receipt of proposals or interviews. C. Written Proposal Evaluation A Selection Committee will be formed to evaluate responsive proposals and shall apply the evaluation criteria and scoring set forth above. The Committee may meet one or more times to discuss and rank proposals. The Committee will rank the Proposers and recommend the firm(s) determined to be most highly qualified and most advantageous based on scores. Proposals that do not adhere to all terms and conditions of this RFP or that are otherwise nonresponsive may, in the sole discretion of Home Forward, be found to not meet the minimum requirements and may be rejected or given a low rating in the evaluation process. D. Award of Contract Home Forward will issue a Notice of Intent to Award letter indicating the selected Proposers to each Proposer. V. STATEMENTS & REQUIRED INFORMATION A. Clarifications, Addenda, Protests of RFP Terms and Conditions Proposers are cautioned not to make any assumptions as to the implied meaning or intent of any part of the RFP. Proposers should request clarification or additional information concerning the RFP in writing as soon as possible, but in no event will such requests be received by Home Forward later than February 27 th, 2014, 2:00 PM. If, in Home Forward s opinion, additional information or interpretation is necessary, such information will be supplied in the form of an addendum that will be ed to all individuals, businesses, etc., on the Prospective Proposers List. Such addenda shall have the same binding effect as though contained in the main body of the RFP. Corrections or clarifications made in any manner other than by written addendum addressed to all Proposers will not be binding on Home Forward and Proposers shall not rely thereon. Any prospective Proposer who contends that the terms and conditions of this RFP, the Contract, or any aspect of the selection process (1) will encourage favoritism in the award of the Contract for Services; (2) will substantially diminish competition; (3) will violate any other statute, regulation (including but not limited to Home Forward s Public Contracting Rules), policy, or law of any kind; or (4) is ambiguous, insufficient, or unfair for any reason, must file a written protest to the RFP, which must be received by Home Forward on or before February 27 th, 2:00PM. Failure to file a protest by this time will be deemed a waiver of any claim by any Proposer that the selection process violates any of the items (1)-(4) of the foregoing sentence. B. Clarification of Proposals Home Forward reserves the right to seek clarification of written Proposals. Proposers will provide additional clarifying information in a timely manner. C. Protests Following final scoring of Proposals, Home Forward will issue a Notice of Intent to Award letter to each Proposer.. 1. Intent to Award Protest. An adversely affected or aggrieved Proposer may submit a written protest of Home Forward s decision regarding the Notice of Intent to Award. The protest shall specify the grounds upon which the protest is based. To be adversely-affected or aggrieved, the Proposer must demonstrate that but for Home Forward s (a) error in failing to reject a non-responsive higher-ranked proposal, or (b) substantial violation of a provision in the RFP or applicable procurement statute or administrative rule, or (c) error in evaluating and scoring the protesting party s Proposal, the protesting party would have been awarded the Contract. RFP No. 2/

9 2. Latest Date to Protest. Protests must be received by Home Forward no later than seven (7) calendar days from the date of the Home Forward s Notice of Intent to Award, unless indicated otherwise in the letter. 3. Protest Delivery. Protests shall be delivered in hard copy to the address below no later than 2:00PM on the protest due date. Late protests shall not be considered. Any protests of this solicitation should be sent to: Berit Stevenson Purchasing & Contracts Manager Home Forward 135 SW Ash Street, 5 th Floor Portland OR Hearing. At the request of the protesting party, a hearing will be conducted before the Manager for Purchasing and Contracts or other person so delegated by Home Forward s Executive Director within seven calendar days after submission of the written protest. The Manager for Purchasing and Contracts or other person so delegated by Home Forward s Executive Director shall consider a written protest and issue a written decision on the protest. A protest that is filed in an untimely manner or that fails to allege facts that support a finding that the protestor is an aggrieved Proposer will not be considered. D. Cancellation or Rejection, Waiver of Irregularities Home Forward reserves the right to cancel this solicitation or reject any or all proposals in whole or in part, and to cancel award of this Contract at any time before execution of the Contract by both parties if cancellation or rejection is deemed to be in Home Forward s best interest. In no event shall Home Forward have any liability for cancellation of award or rejection of Proposals. Home Forward reserves the right to waive irregularities or deficiencies in a Proposal if such waiver is in the best interest of Home Forward. E. Cost of Proposal Preparation Proposers responding to this RFP do so solely at their own expense. Under no circumstances will Home Forward be responsible for or reimburse Proposers for any costs incurred in the preparation and presentation of Proposals or for any related expenses or consequential damages. F. References Home Forward reserves the right to investigate references including references in addition to those listed in the response to this RFP. Investigation may include past performance of the Proposer with respect to the successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule or on budget, and lawful payment of subcontractors, employees, and workers. Supportive references must be furnished if demanded by Home Forward. G. Confidentiality All information submitted by Proposers shall be a public record and subject to disclosure pursuant to the Oregon Public Records Act, except such portions of the Proposal for which Proposer requests exception from disclosure consistent with Oregon Law. The Proposal should identify any confidential information that the Proposer contends is exempt from disclosure under ORS or Home Forward will endeavor in good faith to honor appropriate requests for exemption from disclosure, but Home Forward reserves exclusive discretion to determine whether information qualifies for a statutory exemption. Home Forward's obligation under this section shall survive selection of the Design-Build Contractor. H. Withdrawal of Proposals Any Proposal may be withdrawn by delivering a written request to Home Forward at any time prior to the time set for opening Proposals. The request shall be executed by a duly authorized representative of the withdrawing Proposer. RFP No. 2/

10 I. Reservation of Rights Concerning RFP Home Forward retains exclusive discretion and reserves the right to determine: 1. Whether a Proposal is complete and complies with the provisions of this RFP; 2. Whether a Proposer should be allowed to submit supplemental information; 3. Whether irregularities or deficiencies in a Proposal should be waived; 4. Whether to seek clarifications of a Proposal or request additional information necessary to permit Home Forward to evaluate, rank, and select the most qualified Proposer; 5. Whether the Selection Committee should reconvene at any time to collectively review the scoring and make changes the Committee deems appropriate. VI. EXHIBITS A. CERTIFICATION OF NON-DISCRIMINATION (SUBMISSION REQUIREMENT) B. HUD FORM 5369 C (SUBMISSION REQUIREMENT) C. NON-COLLUSION AFFIDAVIT OF CONTRACTOR (SUBMISSION REQUIREMENT) D. SAMPLE FORM OF CONTRACT E. SCHEDULE A JOB CLASSIFICATION & HOURLY PAY RATES - END - RFP No. 2/

11 CERTIFICATION OF NON-DISCRIMINATION (Submission Requirement) The undersigned proposer is aware that, under ORS 279A.110, no proposer who contracts with a public contracting agency may discriminate against minority, women or emerging small businesses in the awarding of subcontracts. Accordingly, the undersigned proposer hereby certifies as part of its proposal submission that it has not and will not discriminate against any minority, women, or emerging small business enterprises in obtaining any of the required subcontracts for this Project. Proposer s Name: Signed By: Its: Dated:

12 Certifications and Representations of Offerors Non-Construction Contract U.S. Department of Housing and Urban Development Office of Public and Indian Housing Public reporting burden for this collection of information is estimated to average 5 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This form includes clauses required by OMB s common rule on bidding/offering procedures, implemented by HUD in 24 CFR 85.36, and those requirements set forth in Executive Order for small, minority, women-owned businesses, and certifications for independent price determination, and conflict of interest. The form is required for nonconstruction contracts awarded by Housing Agencies (HAs). The form is used by bidders/offerors to certify to the HA's Contracting Officer for contract compliance. If the form were not used, HAs would be unable to enforce their contracts. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. 1. Contingent Fee Representation and Agreement (a) The bidder/offeror represents and certifies as part of its bid/ offer that, except for full-time bona fide employees working solely for the bidder/offeror, the bidder/offeror: (1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and (2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (b) If the answer to either (a)(1) or (a) (2) above is affirmative, the bidder/offeror shall make an immediate and full written disclosure to the PHA Contracting Officer. (c) Any misrepresentation by the bidder/offeror shall give the PHA the right to (1) terminate the resultant contract; (2) at its discretion, to deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract. 2. Small, Minority, Women-Owned Business Concern Representation The bidder/offeror represents and certifies as part of its bid/ offer that it: (a) [ ] is, [ ] is not a small business concern. Small business concern, as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121. (b) [ ] is, [ ] is not a women-owned small business concern. Women-owned, as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business. (c) [ ] is, [ ] is not a minority enterprise which, pursuant to Executive Order 11625, is defined as a business which is at least 51 percent owned by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily operations are controlled by one or more such individuals. For the purpose of this definition, minority group members are: (Check the block applicable to you) [ ] Black Americans [ ] Asian Pacific Americans [ ] Hispanic Americans [ ] Asian Indian Americans [ ] Native Americans [ ] Hasidic Jewish Americans 3. Certificate of Independent Price Determination (a) The bidder/offeror certifies that (1) The prices in this bid/offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder/offeror or competitor relating to (i) those prices, (ii) the intention to submit a bid/offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this bid/offer have not been and will not be knowingly disclosed by the bidder/offeror, directly or indirectly, to any other bidder/offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the bidder/ offeror to induce any other concern to submit or not to submit a bid/offer for the purpose of restricting competition. (b) Each signature on the bid/offer is considered to be a certification by the signatory that the signatory: (1) Is the person in the bidder/offeror s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above (insert full name of person(s) in the bidder/offeror s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the bidder/offeror s organization); (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(l) through (a)(3) above; and Previous edition is obsolete page 1 of 2 form HUD-5369-C (8/93) ref. Handbook

13 (iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above. (c) If the bidder/offeror deletes or modifies subparagraph (a)2 above, the bidder/offeror must furnish with its bid/offer a signed statement setting forth in detail the circumstances of the disclosure. 6. Conflict of Interest In the absence of any actual or apparent conflict, the offeror, by submission of a proposal, hereby warrants that to the best of its knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procurement, as described in the clause in this solicitation titled Organizational Conflict of Interest. 4. Organizational Conflicts of Interest Certification (a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under a proposed contract and a prospective contractor s organizational, financial, contractual or other interest are such that: (i) Award of the contract may result in an unfair competitive advantage; (ii) The Contractor s objectivity in performing the contract work may be impaired; or (iii) That the Contractor has disclosed all relevant information and requested the HA to make a determination with respect to this Contract. (b) The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the HA which shall include a description of the action which the Contractor has taken or intends to eliminate or neutralize the conflict. The HA may, however, terminate the Contract for the convenience of HA if it would be in the best interest of HA. (c) In the event the Contractor was aware of an organizational conflict of interest before the award of this Contract and intentionally did not disclose the conflict to the HA, the HA may terminate the Contract for default. (d) The Contractor shall require a disclosure or representation from subcontractors and consultants who may be in a position to influence the advice or assistance rendered to the HA and shall include any necessary provisions to eliminate or neutralize conflicts of interest in consultant agreements or subcontracts involving performance or work under this Contract. 7. Offeror's Signature The offeror hereby certifies that the information contained in these certifications and representations is accurate, complete, and current. Signature & Date: Typed or Printed Name: Title: 5. Authorized Negotiators (RFPs only) The offeror represents that the following persons are authorized to negotiate on its behalf with the PHA in connection with this request for proposals: (list names, titles, and telephone numbers of the authorized negotiators): Previous edition is obsolete page 2 of 2 form HUD-5369-C (8/93) ref. Handbook

14 NON-COLLUSION AFFIDAVIT OF CONTRACTOR Attach to HUD-5369-A (name) does hereby state: (1) S/He is the of (owner, partner, officer, or representative), (business name), hereinafter referred to as Contractor. (2) S/He is fully knowledgeable of the preparation and contents of Subcontractor's proposals which were submitted to (Contractor); connection with a Home Forward project titled and located at : (3) Said Contractor's proposal is genuine and is not a collusive or sham proposal;, for specific work required in (4) Neither the Contractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including myself, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm, or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm, or person to fix the price or prices in said Contractor's Proposal, or to fix any overhead, profit, or cost element of the price or prices in said Contractor's Proposal, or to secure through collusion, conspiracy, connivance, or unlawful agreement any advantage against Home Forward, or any person interested in the proposed Contract; and (5) The price or prices quoted in the Contractor's Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including myself. Signed: Title: Date: Witnessed by: Home Forward Non-Collusion Affidavit

15 Personal Services Agreement Contract No. THIS AGREEMENT is between Home Forward, a new name for the Housing Authority of Portland, a public corporation authorized by state law and incorporated by the City of Portland, located at 135 SW Ash Street, Portland, OR 97204, and whose address referred herein to as "CONTRACTOR." In exchange for the promises and other consideration set forth below, the parties agree as follows: 1. Duration: This personal services Agreement shall be effective and shall remain in effect until and including unless terminated or extended as provided in this Agreement. Home Forward may exercise option to renew this contract for up to four (4) one-year intervals. 2. Payment: Home Forward shall pay CONTRACTOR services performed in an [amount of/not to exceed] written number amount and 00/100s ($XX,XXX.00). 3. Terms: Payment for services will be made in the manner: [lump sum, progress, monthly]. Payment is to be made within 30 days of receipt of an approved invoice. 4. Scope of Work: Contractor shall provide all services and materials specified below which is incorporated into this Agreement by reference. All services and materials shall be provided by CONTRACTOR in accordance with the Scope of Work in a competent and professional manner. 5. Federal Requirements: This contract is funded in part under a financial assistance agreement between Home Forward and The U.S. Department of Housing and Urban Development. This contract is subject to all provisions prescribed for third Party contract by that financial assistance agreement, including, but not necessarily limited to, the provisions in Exhibit B, which is attached to, and made part of, this contract. SCOPE OF WORK: All terms on the reverse side of this document are hereby made a part of this AGREEMENT. Contractor Signature: Date: Name: Address: Home Forward Signature: Date: Title: Department: Telephone: Telephone: Telephone/Fax: Fax: Tax I.D. or SS#: Federal tax ID number or Social Security number is required pursuant to ORS and will be used for the administration of state, federal and local laws. Payment information will be reported to the Internal Revenue Service under the name and Federal tax ID number, or if none, the Social Security number provided above. 135 SW Ash Street Portland Oregon Home Forward

16 THE PARTIES AGREE AS FOLLOWS: ARTICLE I: LIABILITY AND INDEMNITY CONTRACTOR is an independent contractor and assumes full responsibility for its performance and assumes full responsibility for all liability for bodily injury or physical damage to persons or property arising out of or related to this Contract, Contractor shall indemnify, defend and hold harmless Home Forward, its elected officials, officers, employees and agents, from any and all claims, demands, damages, actions, losses, and expenses, including attorney's fees, whether before the commencement of litigation at trial or on appeal, arising out of or in any way connected with its performance of this Contract. CONTRACTOR is solely responsible for paying CONTRACTOR's subcontractors and nothing contained herein shall create or be construed to create any contractual relationship between any subcontractor(s) and Home Forward. CONTRACTOR is solely responsible for the acts and omissions of its agents, employees, subcontractors, and/or representatives and for all claims. ARTICLE II: TERMINATION Home Forward may terminate this Contract upon giving CONTRACTOR seven (7) days written notice. In the event of termination, CONTRACTOR shall be entitled to payment for goods received prior to the date of termination. Home Forward shall not be liable for any indirect or consequential, or any other damages whatsoever. Termination by Home Forward shall not waive any claim or remedies it may have against CONTRACTOR. ARTICLE III: INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the Consultant, its agents, representatives, employees, or sub-contractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG ). 2. Insurance Services Office Additional Insured form (CG or CG 20 26). 3. Insurance Services Office form number CA covering Automobile Liability, Code 1 (any auto) [required if scope of work includes driving on Authority property]. 4. Workers Compensation insurance as required by state law and Employer s Liability Insurance. 5. Professional Errors and Omissions Liability insurance appropriate to the Consultant s profession. MINIMUM LIMITS OF INSURANCE Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for Bodily Injury, Personal Injury, and Property Damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for Bodily Injury and Property Damage. 3. Workers Compensation (statutory) and Employer s Liability: $1,000,000 per accident for Bodily Injury or Disease. 4. Professional Errors and Omissions Liability insurance: $1,000,000 per occurrence. NOTE: These limits can be attained by individual policies or by combining primary and umbrella policies. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by the Authority. At the option of the Authority, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Authority, its officers, officials, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the Authority guaranteeing payment of losses and related investigations, claim administration, and defense expenses. OTHER INSURANCE PROVISIONS The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: 1. The Authority, its officers, officials, employees, and volunteers are to be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant. 2. The Consultant s insurance coverage shall be primary insurance as respects the Authority, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Authority, its officers, officials, employees, or volunteers shall be excess of the Consultant s insurance. 3. Each insurance policy required by these specifications shall be endorsed to state that coverage shall not be cancelled or materially changed, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Authority. 4. Maintenance of the proper insurance for the duration of the contract is a material element of the contract. Material changes in the required coverage or cancellation of the coverage shall constitute a material breach of the contract by the Consultant. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a current A.M. Best s rating of no less than B+: VI. Consultants must provide written verification of their insurer s rating. VERIFICATION OF COVERAGE Consultant shall furnish the Authority with original certificates and amendatory endorsements effecting coverage required by these specifications. The endorsements should conform fully to the requirements. All certificates and endorsements are to be received and approved by the Authority in sufficient time before the agreement commences to permit Consultant to remedy any deficiencies. The Authority reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. SUB-CONTRACTORS Use of sub-contractors must be pre-approved by the Authority. Consultant shall include all sub-contractors as insured under its policies or shall furnish separate insurance certificates and endorsements for each sub-contractor in a manner and in such time as to permit the Authority to approve them before sub-contractors work begins. All coverage for sub-contractors shall be subject to all of the requirements stated above. Not withstanding this provision, Consultant shall indemnify the Authority for any claims resulting from the performance or non-performance of the Consultant s sub-contractors and/or their failure to be properly insured. CONTRACTOR shall provide Home Forward with a certificate of insurance complying with this article and naming Home Forward as an additional insured within fifteen (15) days of execution of this Contract or twenty-four (24) hours before services under this Contract commence, whichever date is earlier. Notice of any material change or policy cancellation shall be provided to Home Forward thirty days (30) prior to the change.

17 ARTICLE IV: PUBLIC CONTRACTS All applicable provisions of ORS Chapters 187 and 279A & B, and all other terms and conditions necessary to be inserted into public contracts in the State of Oregon, are hereby incorporated as if such provision were a part of this Agreement including, but not limited to, ORS 279B.220 TO 279B.235. ARTICLE V: ATTORNEY'S FEES In the event of any litigation concerning this Contract, the prevailing party shall be entitled to reasonable attorney's fees and court costs, including fees and costs on appeal to any appellate courts. ARTICLE VI: QUALITY OF GOODS Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of the highest quality. All workers and subcontractors shall be skilled in their trades. CONTRACTOR guarantees all work against defects in material or workmanship for a period of one (1) year from the date of acceptance or final payment by Home Forward, whichever is later. All guarantees and warranties of goods furnished to CONTRACTOR or subcontractors by any manufacturer or supplier shall be deemed to run to the benefit of Home Forward. In addition to any express warranties provided by the CONTRACTOR, all implied warranties covered by ORS Chapter 72 shall apply to any goods provided under this Contract, and are hereby expressly not disclaimed. ARTICLE VII: SAFETY If services of any nature are to be performed in connection with the provision of goods pursuant to this Contract, CONTRACTOR shall take all necessary precautions for the safety of employees and others in the vicinity of the services being performed and shall comply with all applicable provisions of federal, state and local safety laws and building codes, including the acquisition of any required permits. All applicable Material Safety Data (MSD) sheets shall accompany the goods. ARTICLE VIII: RIGHT TO WITHHOLD PAYMENTS Home Forward shall have the right to withhold from payments due CONTRACTOR such sums as necessary, in Home Forward s sole opinion, to protect Home Forward against any loss, damage or claim which may result from CONTRACTOR's performance or failure to perform under this agreement or the failure of CONTRACTOR to make proper payment to any suppliers or subcontractors. ARTICLE IX: COMPLIANCE CONTRACTOR shall comply with federal, state, and local laws, statutes, and ordinances relative to the execution of the work. This requirement includes, but is not limited to, non-discrimination, safety and health, environmental protection, waste reduction and recycling, fire protection, permits, fees and similar subjects. ARTICLE X: INTEGRATION OF CONTRACT DOCUMENTS All of the provisions of any bidding documents including, but not limited to, the Advertisement for Bids, General and Special Instructions to Bidders, Proposal, Scope of Work, and Specifications which were utilized in conjunction with the bidding of this Contract are hereby expressly incorporated by reference. Otherwise, this Contract represents the entire and integrated agreement between Home Forward and CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Contract may be amended only by written instrument signed by both Home Forward and CONTRACTOR. The law of the state of Oregon shall govern the construction and interpretation of this Contract. ARTICLE XI: ASSIGNMENT CONTRACTOR shall not assign any rights or obligations under or arising from this Contract without prior written consent from Home Forward, which consent shall not be unreasonable withheld. ARTICLE XII: CONFLICT OF INTEREST No Home Forward board member, officer, employee, or agent shall have any direct or indirect interest in this contract or its proceeds. No Home Forward board member, officer, employee, or agent shall solicit or accept, and Contractor shall not offer or give to any Home Forward board member, officer, employee, or agent, any gratuities, favors, or anything of monetary value in connection with this contract. ARTICLE XIII: RECORDS CONTRACTOR shall maintain a complete set of records relating to this contract, in accordance with generally accepted accounting procedures. Contractor shall permit the authorized representatives of Home Forward, the U.S. Department of Housing and Urban Development, and the Comptroller General of the United States to inspect and audit all work, accounts, and other data and records of Contractor relating to its performance under this contract until the expiration of three years after final payment under this contract.

18 EXHIBIT B FEDERAL REQUIREMENTS 1. Audit and Inspection of Records A. Contractor shall maintain a complete set of records relating to this contract, in accordance with generally accepted accounting procedures. Contractor shall permit the authorized representatives of HAP, the U.S. Department of Housing and Urban Development, and the Comptroller General of the United States to inspect and audit all work, materials, payrolls, books, accounts, and other data and records of Contractor relating to its performance under this contract until the expiration of three (3) years after final payment under this contract. B. Contractor further agrees to include in all of its subcontracts under this contract a provision to the effect that the subcontractor agrees that HAP, the U.S. Department of Housing and Urban Development, and the Comptroller General of the United States, or any of their duly authorized representatives shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and other records of the subcontractor. The term "subcontract" as used in this Paragraph excludes (1) purchase orders not exceeding $10, and (2) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. C. The periods of access and examination described in subparagraphs A and B of this Paragraph for records that relate to (1) disputes between HAP and Contractor, (2) litigation or settlement of claims arising out of the performance of this contract, or (3) costs and expenses of this contract as to which exception has been taken by the Comptroller General or any of his or her duly authorized representatives, shall continue until all disputes, claims, litigation, appeals, and exceptions have been resolved. 2. Lobbying A. Definitions. As used in this clause, "Agency", as defined in 5 U.S.C. 552(f), includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1). "Covered Federal action" means any of the following Federal actions: (1) The awarding of any Federal contract; (2) The making of any Federal grant; (3) The making of any Federal loan; (4) The entering into of any cooperative agreement; and, (5) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan. "Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian selfdetermination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act. "Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action. "Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government. "Officer or employee of an agency" includes the following individuals who are employed by an agency: (1) An individual who is appointed to a position in the Government under title 5, U.S. Code, including a position under a temporary appointment; (2) A member of the uniformed services as defined in section 101(3), title 37, U.S. Code; (3) A special Government employee as defined in section 202, title 18, U.S. Code; and, (4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, U.S. Code appendix 2. "Person" means an individual, corporation, company association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal

19 organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Reasonable compensation" means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government. "Reasonable payment" means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector. "Recipient" includes all contractors and subcontractors at any tier in connection with a Federal contract. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Regularly employed" means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less that 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days. "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-state, regional, or interstate entity having governmental duties and powers. B. Prohibition (1) Section 1352 of title 31, U.S. Code provides in part that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) The prohibition does not apply as follows: (i) Agency and legislative liaison by Own Employees. (a) (b) (c) The prohibition on the use of appropriated funds, in paragraph B (1) of this section, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract if the payment is for agency and legislative liaison activities not directly related to a covered Federal action. For purposes of paragraph B (2) (i) (a) of this section, providing any information specifically requested by an agency or Congress is allowable at any time. For purposes of paragraph B (2) (i) (a) of this section the following age agency and legislative liaison activities are allowable at any time only where they are not related to a specific solicitation for any covered Federal action: (1) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and, (2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. (d) For purposes of paragraph B (2) (i) (a) of this section, the following agency and legislative liaison activities are allowable only where they are prior to formal solicitation of any covered Federal action: (1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action; (2) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and, (3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Law and other subsequent amendments. (e) Only those activities expressly authorized by paragraph B (2) (i) of this section are allowable under paragraph B (2) (i).

20 (ii) Professional and technical services by Own Employees. (a) (b) (c) (d) The prohibition on the use of appropriated funds, in paragraph B (1) of this section, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract or an extension, continuation, renewal, amendment, or modification of a Federal contract if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal contract or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract. For purposes of paragraph B (2) (ii) (a) of this section, "professional and technical services" shall be limited advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action. Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award documents. Only those services expressly authorized by paragraph B (2) (ii) of this section are allowable under paragraph B (2) (ii). (iii) Reporting for Own Employees. No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. (iv) Professional and technical services by Other than Own Employees. (a) The prohibition on the use of appropriated funds, in paragraph B (1) of this section, does not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action, if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal contract or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract. (b) (c) For purposes of paragraph B (2) (iv) (a) of this section, "professional and technical services" shall be limited advice and analysis directly applying to any professional or technical discipline. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action. Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or

21 regulation, and any other requirements in the actual award documents. (d) (e) Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations. Only those services expressly authorized by paragraph B (2) (iv) of this section are allowable under paragraph B (2) (iv). C. Disclosure (1) Each person who requests or receives from an agency a Federal contract shall file with that agency a certification, set forth in this document, that the person has not made, and will not make, any payment prohibited by paragraph (b) of this clause. (2) Each person who requests or receives from an agency a Federal contract shall file with that agency a disclosure form, Standard Form-LLL, "Disclosure of Lobbying Activities," if such person has made or has agreed to make any payment using non-appropriated funds (to include profits from any covered Federal action), which would be prohibited under paragraph (b) of this clause if paid for with appropriated funds. (3) Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under paragraph C (2) of this section. An event that materially affects the accuracy of the information reported includes: (a) (b) (c) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or, A change in the officer(s), employee(s), or member(s) contacted to influence or attempt to influence a covered Federal action. (4) Any person who requests or receives from a person referred to in paragraph (C) (1) of this section a subcontract exceeding $100,000 at any tier under a Federal contract shall file a certification, and a disclosure form, if required, to the next tier above. (5) All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the person referred to in paragraph C (1) of this section. That person shall forward all disclosure forms to the agency. D. Agreement In accepting any contract resulting from this solicitation, the person submitting the offer agrees not to make any payment prohibited by this clause. E. Penalties (1) Any person who makes an expenditure prohibited under paragraph B of this clause shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. (2) Any person who fails to file or amend the disclosure form to be filed or amended if required by this clause, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (3) Contractors may rely without liability on the representations made by their subcontractors in the certification and disclosure form. 3. Environmental Violations For all contracts and subcontracts in excess of $100,000.00, Contractor agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15), which prohibit the use under nonexempt Federal contracts, grants, or loans, of facilities included on the EPA List for Violating Facilities. 4. Energy Conservation The Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6321, et seq.). 5. Section 3

22 A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by Housing and Urban Development (HUD) assistance or HUDassisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD s regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contact certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The Contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers representative of the contractor s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contactor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor s obligations under 24 CFR part 135. F. Noncompliance with HUD s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award contacts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). 6. Certification of Eligibility The Contractor certifies that to the best of it knowledge and belief, neither it, nor any person or firm which has an interest in the Contractor s firm, nor any of the Contractor s subcontractors is ineligible to be awarded contracts by any agency of the united States Government, HUD, or the State in which this contract is to be performed; or participate in HUD programs pursuant to 24 CFR Part 24. END OF EXHIBIT B FEDERAL REQUIREMENTS

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