Quincy Housing Authority 80 Clay Street Quincy, MA 02170

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2 Request for Proposals For EXECUTIVE DIRECTOR SEARCH CONSULTANT SERVICES Quincy Housing Authority 80 Clay Street Quincy, MA Joseph A. MacRitchie, Executive Director Robert Quinn, Assistant Director Board of Commissioners John Menz, Jr., Chairman Thomas Lynn James P. McDonald Mary Ann Morris Rosemary Wahlberg June 30, 2012

3 QUINCY HOUSING AUTHORITY REQUEST FOR PROPOSALS EXECUTIVE DIRECTOR SEARCH CONSULTANT SERVICES The Quincy Housing Authority of Quincy, Massachusetts, is seeking qualified individuals or firms to conduct a search for an Executive Director. The Quincy Housing Authority owns and manages 1,560 (619 family and 941 elderly/disabled) units of low-income public housing, and it leases a total of four facilities to the Department of Mental Health and the Department of Mental Retardation as group homes for disabled clients. It administers 945 Section 8 vouchers and some state leased housing programs. The Quincy Housing Authority would like to conduct its hiring of an Executive Director in such a manner that the person chosen for the position of Executive Director will be an experienced public housing administrator with a proven record of leadership and excellent management skills. Sealed proposals for furnishing the Quincy Housing Authority with the services listed herein shall be received by Kathleen Healy, Quincy Housing Authority, 80 Clay Street, Quincy, MA 02170; by 4:00 p.m. on Tuesday, July 31, Requests for Proposals may be obtained from the Authority by contacting Ms. Healy at khealy@quincyha.com The Awarding Authority is the Quincy Housing Authority Board of Commissioners (the Commissioners or the Board of Commissioners ) which reserves the right to reject any and all proposals and to accept the proposal it deems to be in the best interests of the Quincy Housing Authority. The Commissioners will notify the successful Proposer of the award of the Contract, if any, within thirty (30) days following the deadline for receipt of proposals. The time for completion of service is estimated to be two (2) months from the time of issuance of the Notice to Proceed. This time may be shorter or longer depending on the results of the search efforts, which efforts will proceed in as expeditious a manner as possible, considering the importance of selecting excellent candidates. The Quincy Housing Authority is an Equal Opportunity/Affirmative Action Employer, including Minority and Women Business Enterprises. Executive Director Search RFP /30/2012

4 INSTRUCTIONS TO PROPOSERS 1. Securing Documents Copies of the RFP are available as stated above. A copy of an RFP will be mailed or ed, if preferred. 2. Proposal Forms a. All proposals shall be submitted on 8.5 X 11 paper in two envelopes, the first envelope clearly marked on the exterior with: Executive Director Search Consultant Services - Narrative Proposal, and the second envelope clearly marked on the exterior with: Executive Director Search Consultant Services Cost Proposal. b. The narrative proposal envelope will contain all narrative proposal information, qualifications of project principal(s), anti-collusion and anti-fraud certificates, reference list and all other proposal information except cost information. c. All cost proposal data will be submitted in the second envelope labeled Executive Director Search Consultant Services Cost Proposal. d. Seven (7) copies of the Proposal shall be delivered to the address given in the Request for Proposals on or before the date and hour set as the submission deadline. e. Both proposal envelopes shall be enclosed in a single envelope for mailing or delivery purposes. There shall be a clear notation on the exterior as follows: Executive Director Search Consultant Services Narrative and Cost Proposals Enclosed. f. Proposer may correct, modify or withdraw a Proposal by written notice received by the Commissioners prior to the time and date set as the deadline for submission of proposals. g. No proposals received after the time fixed for receiving them will be considered. The proposals will be returned unopened. h. The Proposer is requested to organize its Proposal so that it responds to each evaluation criteria in the order set forth in this RFP. 3. Appendices A. Cost Proposal Form (2 pages) B. Form of Contract C. Anti-Collusion and Anti-Fraud Certificate D. Tax Compliance Certification E. Statement of Qualifications F. General Conditions for Non-Construction Contracts HUD 5370C1 G. Instructions to Offerors Non-Construction HUD 5369B H. Certifications and Representations of Offerors, Non- HUD 5369C Construction Contract I. Certification of Compliance with Executive Order 481 J. Reference Form K. Table 5-1 Mandatory Contract Clauses for Small Purchases other than Construction Executive Director Search RFP /30/2012

5 L. Section 3 of the HUD Act of 1968 M. Certificate of Vote of Authorization Where the dollar amount of the contract exceeds $10,000 and where the Proposer is a corporation, the Proposer must include with the proposal a corporate vote authorizing the person who signs the proposal to do so. 4. Minimum Evaluation Criteria a. Cost - this is used to determine the monetary obligation to the Proposer awarded the Contract. Cost will be evaluated separately after other evaluation criteria. The Cost Proposal Form (Appendix A) shall be submitted in a separate sealed envelope. b. Inclusion of the following Appendices: A. Cost Proposal Form (2 pages) C. Anti-Collusion and Anti-Fraud Certificate D. Tax Compliance Certification E. Statement of Qualifications H. Certifications and Representations of Offerors, Non- Construction Contract I. Certification of Compliance with Executive Order 481 J. Reference Form M. Certificate of Vote of Authorization (if required) HUD 5369C c. Submission of satisfactory evidence that the Proposer s project principal(s) have performed Executive Director Search services for a similar Massachusetts public agency on at least one occasion.* d. Submission of satisfactory evidence that project principal(s) are fully aware of and experienced in advising on Executive Director hiring practices and policies which are consistent with the laws regulating a Massachusetts public housing authority, DHCD hiring guidelines, and good employer hiring practices. e. Submission of a resume showing complete work history over last ten (10) years, professional skills, abilities and qualifications of project principal(s). f. Submission of at least three (3) favorable references from Massachusetts public housing authorities which have been provided either search or management services by the project principal(s).* * All references shall be for work performed by the project principal(s). Describe services provided and include name and address of Agency for whom services have been provided and contact person and telephone number. Executive Director Search RFP /30/2012

6 5. Comparative Evaluation Criteria All proposals meeting the above minimum criteria will be comparatively evaluated on the basis of the following criteria. Those proposals not meeting the minimum criteria will be deemed unacceptable. a. Total number of years that the project principal(s) have performed management consulting services for a Massachusetts public housing authority. Those proposals indicating the Proposer has performed such services 1-3 years will be given a rating of advantageous ; 3 years or more highly advantageous. ** b. Total number of executive director search projects completed by the project principal(s) for a Massachusetts public housing authority, similar to the project described in this RFP. Those proposals indicating the project principal(s) have successfully completed 2-3 such projects will be given a rating of advantageous ; 4 or more such projects highly advantageous. ** c. Clarity and relevance of previous work products. With regard to the projects described in 5b above, the Proposer is requested to submit a copy of any documents drawn during the course of such projects. Proposals which demonstrate that previous work products/reports are written with a clear and understandable style or which demonstrate that the Proposer has previously produced work products similar to what is requested in this RFP will be given a rating of advantageous. Previous work products/reports which demonstrate both such style and similarity to the product described in this Proposal will be given a rating of highly advantageous. d. Additional references. Proposers submitting 4-5 favorable references from Massachusetts public housing authorities (as described in part 4f) will be given a rating of advantageous ; those submitting more than 5 such references will be given a rating of highly advantageous.** e. The Proposer shall submit a narrative not more than two pages long stating the Proposer s project approach. Those narratives that indicate the use of effective methods of executive director search will be given an advantageous rating. Those indicating both effective methods of executive director search and which also indicate a methodology which will incorporate the goals of the Commissioners, as they are expressed from time to time, will be given a highly advantageous rating. f. Project principal(s) of Proposers meeting the minimum criteria and having the three (3) highest rankings may be interviewed. Those who have good communication skills will be given a rating of advantageous. Those who have good communication skills and who also can demonstrate an understanding of the requirements related to public housing authority executive director hiring and an understanding of executive level search techniques generally will be given a rating of highly advantageous. g. If the Proposer is a minority-owned or women-owned business enterprise or a Section 3 business concern, as defined in Section 3 of the Housing and Urban Development Act of 1968, as amended, the proposal will be given a rating of "highly advantageous." Documentation of such status shall be submitted by the Proposer. Executive Director Search RFP /30/2012

7 ** All references shall be for work performed by the project principal(s). Describe services provided and include name and address of Agency for whom services have been provided and contact person and telephone number. 6. Method of Payment/Price Proposals The Commissioners request price proposals setting forth an hourly rate for services. The Proposer is requested to state the hourly rate for each person who will perform services, together with an estimate of the time needed to complete each item listed in the Specific Requirements set forth in the Scope of Services, with an estimate of total time to complete the contract. The total time estimate multiplied by the hourly rate will become the upset limit or not to exceed amount for the contract, unless amended by the Commissioners and Proposer. It is understood that the number of hours to be performed on the contract are unknown and will depend on the results of the search. The hourly rate of the project principal(s) will, thus, determine the lowest price for purposes of proposal evaluation. 7. Services to be Provided The project director, which shall be a project principal(s), for the project should be identified as such. It is expected that this person will personally perform all services. If the Proposer desires to replace this person it shall be done only with approval of the Commissioners. All references and evaluation criteria shall be with regard to the person who will be performing the services for the Commissioners. Scope of Services The following services will be required of the Proposer. The Commissioners may amend the scope of the services at the commencement of services or during the search process; however, the hourly rate will remain the same. Specific Requirements 1. Meet with the Commissioners to discuss the search, scope of work of the contract and any other issues related to the search, including special qualifications or characteristics the Commissioners are seeking in an Executive Director and any priorities or goals that the Commissioners may desire for the Authority in the ensuing years. 2. Review the existing Executive Director position description for compliance with ADA requirements and to ensure that the position description includes any requirements of DHCD and/or HUD and reflects the Commissioners vision for the Executive Director position. Recommend any suggested changes. 3. Establish comparability for setting a salary range for the position which reflects the skills, abilities and knowledge required for the position, is equitable in comparison with similar positions in the area, and which will be approvable by HUD and DHCD. Executive Director Search RFP /30/2012

8 4. Draft a search/selection process which incorporates applicable regulation, rules and guidelines, and which complies with DHCD s Executive Director hiring guidelines and DHCD tenant participation regulations. 5. Compose an advertisement and response format which complies with EEO/AA requirements and other law, regulation and guidelines, and incorporates applicable position eligibility requirements. Submit to DHCD for approval. 6. Receive and screen the applications/resumes generated by the job posting. Generate a spreadsheet which will permit the Commissioners to review the qualified candidates as ranked by the Proposer. Submit the applications of qualified candidates to the Commissioners. 7. Send letters of rejection to the unqualified candidates. 8. Send letters requesting additional proof/documentation in support of resumes from qualified candidates as determined by the Commissioners. 9. Screen and rank qualified candidates who submit further documentation. Forward to the Commissioners. 10. Include Tenant Participation, as appropriate and as required by applicable regulations. (Such participation may be required at various junctures in the process and the Proposer will be expected to recommend to the Commissioners when that should occur and in what manner.) 11. Participate with the Commissioners in generating the list of candidates. After the Commissioners approve the list of candidates, the Proposer will undertake an intensive background search and a dossier will be written on each of the candidates. Pursuant to DHCD criteria, all qualified candidates shall be interviewed. Data will be submitted to the Commissioners within ten (10) days after receipt of selection of candidates. A CORI check will be done on the candidates through in-house personnel authorized by the Criminal History Systems. 12. Set up interview schedule with qualified candidates and the Commissioners. 13. The background check and data which will be forwarded to the Commissioners will permit the Commissioners to feel confident that they have excellent candidates from which to choose. The Commissioners will wish to conduct their own interviews of the qualified candidates, which interviews will occur in Open Session at a regular or special meeting of the Board of Commissioners, but the Commissioners may want the Proposer to participate in the interviews and facilitate the interview sessions. 14. The Proposer will prepare a suggested list of interview questions. 15. The Proposer will provide expertise and assist the Commissioners, as requested, in their final deliberations. 16. Compose letters of rejection and notify the unsuccessful candidates. 17. Provide complete notation on every candidate s resume/application in compliance with applicable EEO/AA regulations and ADA/Dept. of Labor regulations. 18. All resumes, correspondence and reference data will be systematically filed and given to the Commissioners for reference against possible claims and future candidate searches. (To be retained for three (3) years.) 19. Sample Contracts will be supplied to the Commissioners and the prospective Executive Director to aid in negotiations relative to salary, benefits and conditions of work. Executive Director Search RFP /30/2012

9 GENERAL CONDITIONS 1. General The Commissioners reserve the right to cancel the Contract at any time without cause upon thirty (30) days written notice to the Proposer. The Commissioners reserve the right to cancel the Contract at any time, for cause, effective immediately upon written notice to the Proposer. 2. Savings Clause The Proposer shall not be liable for delays or failures due to causes beyond its reasonable control including: acts of God, war, fires, strikes, embargo, fault of the Commissioners, etc., PROVIDED THAT, within five (5) days after such occurrence, the Proposer gives written explanation of the cause to the Commissioners. The Commissioners, through their designee, shall then ascertain the facts and extent of the delay and/or failure. His/her finding of the facts thereon shall be final and conclusive. 3. Confidentiality Clause; Ownership of documentation created under the contract. It is understood that during the course of this contract that the Proposer will gain access to confidential information and/or personal data which is not subject to public disclosure. The Proposer agrees that he/she/it is subject to the Privacy and Confidentiality Regulations relating to public housing authorities, 751 CMR 7.00 et seq, and its successor regulation, 760 CMR 8.00 et seq. and any other applicable law relating to privacy and confidentiality. The Proposer agrees not to disclose any information acquired during the course of performing services on this contract, unless specifically authorized in writing by the Board of Commissioners. Any requests for information directed to the Proposer shall be directed to the Commissioners for response. All resource materials and records received, reviewed or created by the Proposer shall be the property of the Board of Commissioners. During the course of this contract, the Proposer will gain access to personal data and data which is confidential and not subject to disclosure. The Proposer agrees that he/she/it is subject to the Privacy and Confidentiality Regulations relating to Public Housing Authorities and that he/she/it will not disclose any information acquired during the course of this contract, unless specifically authorized to do so by the Commissioners. 4. Other Conditions Other general conditions of this contract are set forth in the attached contract form. If this contract is to be funded with HUD funds, the HUD general contract conditions will be attached to and become a part of the final contract. Executive Director Search RFP /30/2012

10 APPENDICES A. Cost Proposal Form B. Form of Contract C. Anti-Collusion and Anti-Fraud Certificate D. Tax Compliance Certification E. Statement of Qualifications F. General Conditions for Non-Construction Contracts HUD 5370C1 G. Instructions to Offerors Non-Construction HUD 5369B H. Certifications and Representations of Offerors, Non-Construction Contract I. Certification of Compliance with Executive Order 481 J. Reference Form K. Table 5-1 Mandatory Contract Clauses for Small Purchases other than Construction L. Section 3 of the HUD Act of 1968 M. Certificate of Vote of Authorization HUD 5369C Executive Director Search RFP /30/2012

11 QUINCY HOUSING AUTHORITY EXECUTIVE DIRECTOR SEARCH CONSULTANT SERVICES In accordance with the Quincy Housing Authority s Request for Proposals for Executive Director Search Consultant Services we submit our proposed fee for such services. COST PROPOSAL FORM Acknowledge Addendum Nos. Task Hourly Rate Principal Hourly Rate Associate Estimated # of Hours Rate x # of Hours Total (in words) Total (numeric) $ Executive Director Search RFP /30/2012 Cost Proposal Form 1of 2

12 Name and Address of Firm: BY: Signature of Authorized Officer Date Printed Name and Title Executive Director Search RFP /30/2012 Cost Proposal Form 2of 2

13 CONTRACT EXECUTIVE DIRECTOR SEARCH CONSULTANT SERVICES THIS AGREEMENT, made the day of, in the year two thousand and twelve, by and between: hereinafter called the Contractor with a mailing address of:, and the Quincy Housing Authority Board of Commissioners hereinafter called the Authority with a mailing address of 80 Clay Street, Quincy, MA The Quincy Housing Authority is an Equal Opportunity/Affirmative Action Employer, including Minority and Woman Business Enterprises. WITNESSETH: that the Contractor and the Authority for the consideration hereinafter stated agree as follows: ARTICLE 1 - SCOPE OF WORK The Contractor shall furnish all materials, perform all the work described in this Contract, the Authority s Request for Proposal entitled Executive Director Search Consultant Services, the Consultant s Proposal attached hereto and the General Conditions of the Contract attached hereto. ARTICLE 2 - TIME AND COMPLETION The length of the Contract shall be from the date of Notice to Proceed until the services are completed. ARTICLE 3 - CONTRACT SUM The Authority shall pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein, in current funds at the satisfactory conclusion of the contract not more than the sum of $, unless amended by the parties to this contract. Payment will be based upon services performed by at an hourly rate of. The parties may agree upon a method of periodic payments for the Contractor at certain benchmarks during the term of this contract. To receive payment, Contractor shall submit an invoice to the Authority which complies with the RFP/IFB, setting forth the services performed and the total hours of services performed and the amount due. Executive Director Search RFP /30/2012

14 ARTICLE 4 - CONTRACT DOCUMENTS The Request for Proposals and the Contractor s Proposal, together with this Contract and any attachments shall comprise the Contract. In the event of any inconsistency between the terms of these documents, the following shall be the order of precedence: this Contract form, the Authority s RFP/IFB and the Contractor s Proposal. ARTICLE 5 - INCORPORATION OF STATUTES BY REFERENCE The statutes of the Commonwealth of Massachusetts in any way related to the provision of services, particularly with reference to labor, shall be strictly complied with by the Contractor, and it is understood that all such statutes are incorporated by reference in this Contract. ARTICLE 6 - COMPLETION OF WORK All provisions related to time of completion of the work are of essence of this Contract. ARTICLE 7 - BENEFITS Nothing herein shall be construed as creating the relationship of employer-employee, principal-agent, joint venturers or other similar relationships. Contractor is and shall remain at all times in the performance of this Contract an independent contractor. The Contractor shall not be entitled to any employee benefits of the Authority. ARTICLE 8 - TERMINATION This Contract may be terminated under the following conditions: (a) Without Cause. Either party may terminate this Contract by giving written notice to the other party at least thirty (30) calendar days prior to the effective date of termination stated in the notice, or such other period as the parties may mutually agree. (b) For Cause. If the Contractor fails to fulfill his/her/its obligations, the Authority may terminate this Contract by giving written notice of termination to the Contractor, after which time the Contractor will immediately discontinue all services affected (unless otherwise directed) and deliver to the Authority all information, reports and materials accumulated or generated in performing this Contract, whether completed or in progress. The notice will state the circumstances of the alleged breach and shall state a reasonable period, not less than fifteen (15) calendar days, during which the alleged breach may be cured, subject to the approval of the Authority. (c) Emergency or Convenience. The Authority may terminate or suspend this Contract by providing written notice to the Contractor stating the grounds for the Authority's action, in the form of telegram, mailgram, hand-carried letter or other appropriate written means, if the Authority determines that immediate termination is necessary to protect state and/or federal Executive Director Search RFP /30/2012

15 funds or property or that termination is desirable for the convenience of the Authority. Such termination or suspension action shall be effective upon receipt by Contractor. (d) Payments After Termination. In the event of termination pursuant to this Article 8, the Authority will be responsible for the reasonable value of services performed, less any damages due the Authority for any action of the Contractor and subject to the Authority s receipt of all information, reports and materials accumulated or generated in performing this Contract, whether completed or in progress. ARTICLE 9 - RECORDKEEPING, AUDIT AND INSPECTION OF RECORDS (a) The Contractor shall maintain books, records, and other compilations of data pertaining to the performance of this Contract to the extent and in such detail as shall properly substantiate claims for payment. No later than six (6) months after the Board of Commissioners has selected the Executive Director the Contractor shall forward all original applications, resumes, s and any and all other documents or communications to the Authority for retention in compliance with The Commonwealth of Massachusetts Municipal Records Retention Manual, 2011 Edition (three (3) years). All retention periods start on the first day after completion or termination of this Contract. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the applicable retention period, all records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the applicable retention period, whichever is later. (b) The Quincy Housing Authority Board of Commissioners, or their designee, shall have the right at reasonable times and upon reasonable notice to examine and copy at the expense of the QHA the books, records, and other compilations of data of Contractor which pertain to this Contract. ARTICLE 10 - CONFIDENTIALITY Contractor acknowledges that in performance of this Contract it may acquire or have access to personal data and become a holder of such personal data or other information deemed confidential by the Authority. Contractor shall at all times recognize the Authority's ownership of personal data and the exclusive right and jurisdiction of the Authority and data subjects to control the use of personal data. Contractor shall immediately notify the Authority orally and in writing if any personal data in its possession is subpoenaed, is improperly used, or is copied or removed by anyone except an authorized representative of the Authority, and Contractor shall cooperate with the Authority in taking such steps as it deems advisable to enjoin the misuse, regain possession of the data and otherwise protect the Authority's rights and the data subject's privacy. Contractor shall allow access to any personal data held in its possession only to those employees of the Authority who need such information in order to perform their job responsibilities. All personal data held by Contractor shall be delivered to the Authority within fourteen (14) calendar days after completion or termination of this Contract. Executive Director Search RFP /30/2012

16 ARTICLE 11 - POLITICAL ACTIVITY PROHIBITED None of the services to be provided by Contractor shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. ARTICLE 12 - PUBLICATION, REPRODUCTION, AND USE OF MATERIAL All customized written materials, including without limitation, reports, manuals, pamphlets, and articles prepared under this Contract, shall be the property of the Authority and shall appropriately designate the Authority as the owner. No customized material prepared in whole or in part under this Contract shall be subject to copyright in the United States of America or in any other country. The Authority shall have unrestricted authority to publish, disclose, distribute, and otherwise use in whole or in part, any reports, data, or other customized materials prepared under this Contract. Any material which has been copyrighted previously and is used by Contractor in the performance of this Contract shall not lose its copyright status by being so used. ARTICLE 13 - ASSIGNMENT Contractor shall not assign or in any way transfer any interest in this Contract without the prior written consent of the Authority, provided, however, that (i) claims for money due or to become due to Contractor hereunder may be assigned to a bank, trust company, or other financial institution without such consent as long as notice of such assignment is furnished promptly to the Authority, and (ii) Contractor may assign or transfer all of its right, title and interest in and to this Contract to a corporation, limited partnership or other entity which is a successor to all or substantially all of Contractor's business, assumes all of Contractor's liabilities hereunder and employs the same personnel to discharge Contractor's duties hereunder. The Authority shall not assign or in any way transfer any right under or interest in this Contract. ARTICLE 14 - SUBCONTRACTING None of the services to be provided by Contractor pursuant to this Contract shall be subcontracted or delegated to any other organization, association, individual, corporation, partnership or other entity without the prior written consent of the Authority, such consent not to be unreasonably withheld. No subcontract or delegation shall relieve or discharge Contractor from any obligations or liability under this Contract. ARTICLE 15 - CHANGE ORDERS; AMENDMENTS (a) This Contract may be amended if unanticipated services, changes to the scope of work, substitution of work items, or changes to the period of performance of the Contract are required. Executive Director Search RFP /30/2012

17 (b) If any additions or deletions to the scope of services specified in the Contract are required, a Contract amendment, signed by both parties, will be issued, which identifies the change in service, any resulting change in Contract amount, period of performance, or any other term or condition of this Contract. (c) New or additional work provided for under this Section must be authorized in writing by the Board of Commissioners. The Authority hereby represents and warrants to Contractor that the designated Procurement Officer/Contracting Official is, and shall remain, fully authorized, as an officer of the QHA, to execute change orders and amendments to this Contract. ARTICLE 16 - LIMITS ON LIABILITY The Contractor is not responsible for the errors or omissions of the Board of Commissioners or any third parties involved in the completion of work. The Authority warrants that any information provided to the Contractor is, or will be, when provided, accurate, complete and current. ARTICLE 17 - CONDITIONS In the performance of the services enumerated herein, the Contractor agrees to comply with all applicable federal, state, and local laws, including without limitation, relevant regulations, ordinances, rules, codes, and all policies of the Quincy Housing Authority. ARTICLE 18 - MISCELLANEOUS (a) If any term, provision, covenant or restriction of this Contract is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such which may be hereafter so held invalid, void or unenforceable. (b) Neither this Contract nor any term hereof may be amended, waived, discharged or terminated verbally, but only by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought. (c) All notices and other communications hereunder shall be in writing and shall be duly given if delivered by hand or mailed (registered or certified mail, postage prepaid, return receipt requested) or delivered by a nationally recognized overnight courier service to the addresses of the parties set forth in the first paragraph of this Contract. Executive Director Search RFP /30/2012

18 (d) This Contract shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Commonwealth of Massachusetts, without regard to the principles of conflicts of law thereof, and any applicable Federal Regulations. (e) This Contract may be executed in counterparts, each of which shall be deemed an original, but both of which shall together constitute one and the same instrument. (f) This Contract and appendices set forth the entire agreement and understanding of the parties hereto in respect of the subject matter contained herein, and supersedes all prior agreements, promises, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, employee or representative of any party hereto. ARTICLE 19 - MEMBERS OF THE BOARD OF COMMISSIONERS It is hereby expressly agreed that the members of the Board of Commissioners are not personally liable in any way under this Agreement or as to any representation pertaining to said Agreement. ARTICLE 20 HOLD HARMLESS CLAUSE The Contractor shall indemnify, defend and save harmless the Quincy Housing Authority and all its officers, agents and employees against all suits, claims of liability of every nature and name, for or on account of any injuries to person or damage to property arising out of the negligence of the Contractor in the performance of the work covered by this Agreement, and/or failure to comply with the terms and conditions of this Agreement, whether by itself or its employees or subcontractors, or other agents, including reasonable attorneys fees. ARTICLE 21 - DISCRIMINATION In the performance of this Contract, Contractor shall not permit discrimination against any person because of race, color, religious creed, age, sex, marital status, national origin, ancestry or physical disability in any manner prohibited by the laws of the United States or the Commonwealth of Massachusetts. ARTICLE 22 - NON-COLLUSION The Contractor declares that, as of the date of this Contract, no Quincy Housing Authority official, either directly or indirectly, has a financial interest in this Contract, and furthermore, the Contractor pledges that it shall notify the Quincy Housing Authority in writing should any Quincy Housing Authority official acquire, either directly or indirectly, a financial interest in this Contract. The Contractor further declares that, as of the date of this Contract, it has not given or donated or promised to donate, either directly or indirectly, to any Quincy Housing Authority official or employee or to anyone else, for his/her benefit, any sum of money or other thing of value for aid or assistance in obtaining this Contract. The Contractor pledges that neither it nor any other officer, agent or employee of the Contractor shall give or donate or promise to give or Executive Director Search RFP /30/2012

19 donate, either directly or indirectly, to any Quincy Housing Authority official or employee or anyone else, for his/her benefit, any sum of money or other thing of value, for aid or assistance in obtaining any Contract with the Quincy Housing Authority. ARTICLE 23 INSURANCE Contractor shall maintain the following insurance during the course of this contract and will provide certificates of insurance to the Commissioners as evidence thereof, with the Authority named as an additional insured under said policies. Workers Compensation: in accordance with Massachusetts law. Comprehensive General Liability: limits $500,000 bodily injury per person; $500,000 property damage per accident. (May be waived by the Authority if a contract involving a single person performing personal services.) Other insurance: ARTICLE 24 HUD GENERAL CONDITIONS If this contract is funded with HUD funds, HUD general contract conditions shall be attached hereto and incorporated by reference herein. ARTICLE 25 COMPLIANCE The Contractor, prior to the issuance of the Contract, shall attest under the penalties of perjury that his or her firm is in compliance with all the laws of the Commonwealth of Massachusetts relating to taxes. This statement is required in accordance with MGL Chapter 62C, Section 49A. In order to expedite the proposal process, Contractors may submit a certification contained herein along with their proposals. Pursuant to MGL Chapter 62C, Section 49A, I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all state taxes required by law. /s/ SSN or FIN number By: Corporation Officer (if applicable) IN WITNESS THEREOF, the parties hereto set their hands and seals. Quincy Housing Authority Board of Commissioners by: Executive Director Search RFP /30/2012

20 John R. Menz, Jr., Chairman Date Contractor: By: Date Executive Director Search RFP /30/2012

21 QUINCY HOUSING AUTHORITY EXECUTIVE DIRECTOR SEARCH CONSULTANT SERVICES CONTRACT NO ANTI-COLLUSION AND ANTI-FRAUD CERTIFICATE The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any Quincy Housing Authority official or employee or agent, either directly or indirectly. The Proposer declares that, as of the date of this Proposal, no Quincy Housing Authority official, either directly or indirectly, has a financial interest in this proposal, and furthermore, the Proposer pledges that it shall notify the Quincy Housing Authority in writing should any Quincy Housing Authority official acquire, either directly or indirectly, a financial interest in this Proposal. The Proposer further declares that, as of the date of this Proposal, neither it nor any person on its behalf, has given or donated or promised to give or donate, either directly or indirectly, to any Quincy Housing Authority official or employee or to anyone else, for his/her benefit, any sum of money or other thing of value, for aid or assistance in obtaining this Proposal. The Contractor pledges that, in the future, neither it nor any person on its behalf, will give or donate or promise to give or donate, either directly or indirectly, to any Quincy Housing Authority official or employee or to anyone else, for his/her benefit, any sum of money or other thing of value, for aid or assistance in obtaining this Proposal. (Person signing bid or proposal) (Name of business)

22 TAX COMPLIANCE CERTIFICATION EXECUTIVE DIRECTOR SEARCH CONSULTANT SERVICES CONTRACT NO Pursuant to M.G.L. c. 62C, 49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support. Signature of person submitting bid or proposal Name of business

23 STATEMENT OF QUALIFICATIONS EXECUTIVE DIRECTOR SEARCH CONSULTANT SERVICES CONTRACT NO A. Name and address of Consultant: B. Corporation Partnership Sole Proprietorship C. Name of President or Owners: (Title) D. Number of years in business: E. Number of Employees: F. Please list all individuals in the firm, number of years with the company, and tasks to be performed by each. Attach Resumes. G. Signature of individual preparing statement: (Signature)

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34 CERTIFICATION OF COMPLIANCE WITH EXECUTIVE ORDER 481 (Undocumented Workers) WORKER DOCUMENTATION CERTIFICATION. In accordance with Executive Order 481 the undersigned further certifies under the penalties of perjury that the Contractor shall not knowingly use undocumented workers in connection with the performance of this contract; that pursuant to federal requirements, the Contractor shall verify the immigration status of all workers assigned to such contract without engaging in unlawful discrimination; and shall not knowingly or recklessly alter, falsify, or accept altered or falsified documents from any such worker(s). The Contractor understands and agrees that breach of any of these terms during the contract period may be regarded as a material breach, subjecting the Contractor to sanctions, including but not limited to monetary penalties, withholding of payments, contract suspension or termination. Signature Title

35 REFERENCE FORM EXECUTIVE DIRECTOR SEARCH CONSULTANT SERVICES CONTRACT NO Proposer: RFP Title: Proposer must provide references for all contracts performed within the past two (2) years of similar size and scope to this contract. Reference: Address: Contact: Phone: Fax: Description and date(s) of supplies or services provided: Reference: Address: Contact: Phone: Fax: Description and date(s) of supplies or services provided: Reference: Address: Contact: Phone: Fax: Description and date(s) of supplies or services provided: Reference: Address: Contact: Phone: Fax: Description and date(s) of supplies or services provided:

36 TABLE 5.1 MANDATORY CONTRACT CLAUSES FOR SMALL PURCHASES OTHER THAN CONSTRUCTION The following contract clauses are required in contracts pursuant to 24 CFR 85.36(i) and Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. HUD is permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. The PHA and contractor is also subject to other Federal laws including the U.S. Housing Act of 1937, as amended, Federal regulations, and state law and regulations. Examination and Retention of Contractor s Records. The PHA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until three years after final payment under this contract, have access to and the right to examine any of the Contractor s directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. Right in Data and Patent Rights (Ownership and Proprietary Interest). The PHA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Contractor pursuant to the terms of this Contract, including, but not limited to, reports, memoranda or letters concerning the research and reporting tasks of the Contract. Energy Efficiency. The Contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L ) for the State in which the work under this contract is performed. Procurement of Recovered Materials (a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price. (b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract. Termination for Cause and for Convenience (contracts of $10,000 or more). (a) The PHA may terminate this contract in whole, or from time to time in part, for the PHA s convenience or the failure of the Contractor to fulfill the contract obligations (cause/default). The PHA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the PHA all information, reports, papers, and other materials accumulated or generated in performing the contract, whether completed or in process. (b) If the termination is for the convenience of the PHA, the PHA shall be liable only for payment for services rendered before the effective date of the termination. (c) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract (cause/default), the PHA may (1) require the Contractor to deliver to it, in the manner and to the extent directed by the PHA, any work described in the Notice of Termination; (2) take over the work and prosecute the same to completion by contract of otherwise, and the Contractor shall be liable for any additional cost incurred by the PHA; and (3) withhold any payments to the Contractor, for the purpose of set-off or partial payment, as the case may be, of amounts owned by the PHA by the Contractor. In the event of termination for cause/default, the PHA shall be liable to the Contractor for reasonable costs incurred by the Contractor before the effective date of the termination. Any dispute shall be decided by the Contracting Officer.

37 SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 Operational Plan Summary: The Quincy Housing Authority (QHA) is committed in assisting the residents of its housing developments and voucher participants to achieve self-sufficiency by providing opportunities for training and employment. The QHA provides employment opportunities on construction projects by encouraging its contractors to hire qualified residents of QHA housing, refers and connects residents to job training and placement opportunities, and provides coordination that facilitates these efforts. The QHA provides employment opportunities by hiring qualified residents of QHA public housing to fill available QHA positions. The QHA will formalize recruiting and hiring policies and practices that commit to a goal that allows at least 30% of the aggregate number of new hires each year at the QHA to be qualifying public housing residents. The QHA requires all contractors and subcontractors to commit to a goal to hire qualifying QHA residents for at least 30% of the new positions created as a result of contracts with QHA in the amount of $25, or more. The QHA commits to a goal that at least 10% of the total dollar amount of contracts for construction, repair and rehabilitation be awarded to qualifying Section 3 business concerns and that at least 3% of the total dollar amount of all other QHA contracts are awarded to qualifying Section 3 business concerns. The QHA refers and informs the residents of public housing of available job training, education, and personal development programs in order to establish a potential qualifying list of job applicants. In order to assist residents in these efforts, the QHA will direct residents towards any additional support services required for participation. Implementation: The office of the Assistant Director is charged with the overall responsibility of Section 3 implementation and maintaining all pertinent information and records as required. To be effective and responsive in this endeavor this office works closely with the office/department of Administration, Modernization, Maintenance, Finance, Resident Services and the Harborview Resident Council. In order to comply with the Section 3 mandate, the QHA undertakes activities such as: Overall outreach and recruitment to residents; Publicizing the availability of job opportunities; Providing information and referral to residents relevant to training and educational programs in order to promote job readiness; Making provisions in all contracts relevant to resident hiring; Maintaining lists of Section 3 business concerns and their specialties; Assisting Section 3 business concerns in areas as requested to make them eligible for participation with QHA activities.

38 CERTIFICATE OF VOTE OF AUTHORIZATION Day and Month 20 YY I hereby certify that a meeting of the Board of Directors of the: NAME OF CORPORATION NAME OF CORPORATION duly called and held at on the CITY TOWN NN TH At which a quorum was present and acting, it was voted that day of MONTH 20 YY OFFICER'S NAME Name of Corporate Officer of the, be and hereby is authorized to execute and deliver for Corporation and on behalf of the Corporation a Contract with City Town Executive Director Search Consultant Services Housing Authority, for No In the City/Town of CITY TOWN And to act as principal to execute bonds in connection therewith, which Contract and Bonds were presented to and made part of the records of said meeting. I further certify that Is duly qualified and acting Officer's Name Name of Corporate Officer Officer's Title of the Corporation and that said vote has not been Title Repealed, rescinded or amended A true copy of the record, ATTEST: (CORPORATE SEAL) On this day of 20, before me, the undersigned Notary Public, personally appeared, duly designated by the board of directors and proved to me, through satisfactory evidence of identification, which was, that s/he is the person whose name is signed on the foregoing documents, and acknowledged to me that s/he signed it voluntarily for its stated purpose and that it was her/his free act and deed. Notary Public My Commission Expires: Corporate Vote