REQUEST FOR PROPOSAL #: P16505

Transcription

1 AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA REQUEST FOR PROPOSAL #: P16505 LEGAL SERVICES (AHP) Mixed Finance Redevelopment Projects NOTIFICATION OF INTEREST Please note that the Southern Nevada Regional Housing Authority is conducting this solicitation at the behest of Affordable Housing Program, Inc., of Las Vegas, Nevada This form notifies SNRHA that your company is participating in this solicitation process. As a courtesy all companies that submit this form will be sent via all notices and addendums related to this RFP PLEASE PRINT Company Name Contact Person Title Phone Mobile Fax Street Address City, State, Zip WHEN YOU OBTAIN THIS RFP PACKAGE THIS FORM MUST BE FAXED OR ED TO: Amparo Gamazo Development/Modernization Southern Nevada Regional Housing Authority amgamazo@snvrha.org Fax:

2 SOUTHERN NEVADA REGIONAL HOUSING AUTHORITY AT THE BEHEST OF AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA REQUEST FOR PROPOSAL FOR LEGAL SERVICES MIXED FINANCE REDEVELOPMENT PROJECTS RFP No: P16505 March, 2016 Submission Deadline Wednesday, April 6, 2016 at 10:00 a.m. (PST) DEVELOPMENT/MODERNIZATION DEPARTMENT 340 N. 11 th Street, Suite 150 Las Vegas, NV Tel: (702) Fax: (702) TDD (702)

3 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) REQUEST FOR PROPOSAL Table of Contents Section Description Page Introduction 2 RFP Information at a Glance AHP S RESERVATION OF RIGHTS Scope of Proposal/Technical Specifications Projects under this contract Scope of Services Proposal Format Tabbed Proposal Submittal Proposed Fees Proposal Submission Submission Conditions Submission Responsibilities Proposer's Responsibilities--Contact With the AHP Question & Answer Period in Lieu of Pre-Proposal 10 Conference 3.8 Recap of Attachments Proposal Evaluation Evaluation Criteria Evaluation Method Contract Award Contract Award Procedure Contract Conditions Contract Period Licensing and Insurance Requirements Right to Negotiate Fees Billing/Payment Methods Contract Service Standards 16 AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 1 of 16

4 T REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) INTRODUCTION he Affordable Housing Program, Inc., (AHP) is a 501(c)(3) corporation that is an affiliate of the Southern Nevada Regional Housing Authority (SNRHA). Formed in January 2010 through the consolidation of the three housing authorities in the Las Vegas Valley, SNRHA currently operates 2,882 public housing units, 761 assisted housing units, and 229 mobile home pads. With its approximately 10,000 Housing Choice Vouchers, the consolidated SNRHA is the 32nd largest public housing authority in the country and the 6th largest PHA in HUD Region 9, which encompasses California, Arizona, Nevada and Hawaii. AHP was formed in 2003 by the former Las Vegas Housing Authority to provide housing for low-income families within the Las Vegas Valley. C I urrently, the AHP does not manage any housing units. The purpose of this Request For Proposals (RFP) solicitation is to retain a law firm to provide the required legal services for Mixed Finance Redevelopment Projects. The SNRHA is conducting this RFP process under contract with AHP. n keeping with its mandate to provide efficient and effective services, the AHP is now soliciting proposals from qualified, licensed and insured entities to provide the above noted services to the AHP. All proposals submitted in response to this solicitation must conform to all of the requirements and specifications outlined within this document in its entirety. RFP INFORMATION AT A GLANCE AHP CONTACT PERSON Amparo Gamazo, SNRHA Dev/Mod Director Telephone / TDD / amgamazo@snvrha.org HOW TO OBTAIN THE RFP DOCUMENTS ON THE APPLICABLE INTERNET SITE DEADLINE TO SUBMIT WRITTEN QUESTIONS AND REQUESTS FOR INFORMATION HOW TO FULLY RESPOND TO THIS RFP BY SUBMITTING A PROPOSAL SUBMITTAL PROPOSAL SUBMITAL RETURN & DEADLINE 1. Access 2. click on Procurement then Current Bid Invitations from the Vendor Center (follow the listed directions). If you have any problems in accessing the system, please call or 3. Pick up a CD at no charge from the SNRHA s Dev/Mod Department, 340 N. 11th Street, Suite 150, Las Vegas, Nevada, Wednesday, March 16, 2016 through Wednesday, March 30, 2016 at 12:00 noon (PST). Questions shall be submitted in writing to amgamazo@snvrha.org As instructed within Section 3.0 of the RFP document, submit 3 copies of your "hard copy" proposal to the SNRHA Development/Modernization office. Wednesday, April 6, 2016* at 10:00am (PST) SNRHA Development/Modernization Office 340 N. 11 th Street, Suite 150, LV, NV *(The "hard copy" proposal must be received in-hand and time-stamped by the SNRHA by no later than 10:00 a.m. on this date). ANTICIPATED APPROVAL BY AHP BOARD OF DIRECTORS April, 2016 (Exact Date/Time TBD) Commission Chambers Howard Cannon Center 340 N. 11 th Street, Las Vegas, NV AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 2 of 16

5 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) 1.0 AHP S RESERVATION OF RIGHTS: 1.1 The AHP reserves the right to reject any or all proposals, to waive any informality in the RFP process, or to terminate the RFP process at any time, if deemed by the AHP to be in its best interests. 1.2 The AHP reserves the right not to award a contract pursuant to this RFP or award a contract to more than one Contractor if it deems it is necessary to do so. 1.3 The AHP reserves the right to terminate a contract awarded pursuant to this RFP, at any time for its convenience upon 10 days written notice to the successful proposer(s). 1.4 The AHP reserves the right to determine the days, hours and locations that the successful proposer(s) shall provide the services called for in this RFP. 1.5 The AHP reserves the right to retain all proposals submitted and not permit withdrawal for a period of 60 days subsequent to the deadline for receiving proposals without the written consent of the SNRHA Purchasing Manager (PM). 1.6 The AHP reserves the right to negotiate the fees proposed by the proposer entity. 1.7 The AHP reserves the right to reject and not consider any proposal that does not meet the requirements of this RFP, including but not necessarily limited to incomplete proposals and/or proposals offering alternate or non-requested services. 1.8 The AHP shall have no obligation to compensate any proposer for any costs incurred in responding to this RFP. 1.9 The AHP reserves the right to accept only one Solicitation per company carrying the same Tax Identification Number The AHP reserves the right to waive or correct any immaterial defect or technical error in any response, proposal or proposal procedure, as a part of the RFP or subsequent negotiation process; 1.11 The AHP reserves the right to request that certain or all offerors to this RFP supplement or modify certain aspects of the information or proposals submitted; 1.12 The AHP reserves the right to at any time prior to the submittal deadline, modify the selection procedure, the scope of the proposed project or the required responses; extend any of the published deadlines; request amendments to proposals after the expiration deadlines; negotiate or approve final agreements; 1.13 AHP reserves the right and requires all contractors to comply with the American Disability Act (ADA) on all contracts which are as follows: Contractor agrees to comply with the federal statues relating to nondiscrimination. These include, but aren t limited to Section 504 of the Rehabilitation Act of 1973 as amended (29USC section 794) which prohibits discrimination on the basis of handicap and the Americans with Disabilities Act of AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 3 of 16

6 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) The Contractor agrees to abide by the requirements of the following as applicable; The Rehabilitation Act of 1973 as amended, the Vietnam Veterans Readjustment Assistance Act of 1974; the Requirements of the ADA of The Contractor agrees not to discriminate in its employment practices and will render services under this agreement and any contract entered into as a result of this agreement, without regard to veteran status or disabilities. Any failure to comply with these statutory obligations when applicable shall be grounds for termination of this agreement and any contract entered into as a result of this agreement The AHP reserves the right to reject and not consider any bid of which communication between a Proposer and a member of the AHP and SNRHA staff, its Residents or Board of Commissioners is violated. Communication regarding this Proposal is prohibited from the time the Proposal is advertised until the Proposal is recommended for award of a contract. Questions pertaining to this Proposal shall be addressed only to the Designated Contact(s) as specified on the previous page of this document. Failure to comply with this requirement shall result in the Proposal being considered nonresponsive The AHP reserves the right to at any time during the RFP or contract process prohibit any further participation by a proposer or reject any proposal submitted that does not conform to any of the requirements detailed herein. By submission of a response to this RFP, each proposer thereby agrees to abide by all terms and conditions listed within this document and within the snvrha.org Internet site, and further agrees that he/she will inform the SNRHA PM in writing within 5 days of the discovery of any item listed herein or of any item that is issued thereafter by the AHP that he/she feels needs to be addressed. Failure to abide by this time frame shall relieve the AHP, but not the prospective proposer, of any responsibility pertaining to such issue The AHP has retained the SNRHA to conduct this solicitation process on behalf of the AHP to make all efforts and take reasonable action as necessary to complete this process. 2.0 SCOPE OF PROPOSAL/TECHNICAL SPECIFICATIONS: The AHP is seeking proposals from qualified, law firms with experience in HUD program transactions utilizing public housing capital funds and low-income housing tax credits ( LIHTC ) and other mixed finance for an indefinite quantity of tasks not to exceed a period of one (1) year and/or $100, with an option for renewal for an additional (1) year and/or $100, which may be extended, by mutual agreement for up to three (3) years and/or a total not to exceed $300, Specific Scope of Work to be issued in Task Orders as situations arises 2.1 Projects under this Contract: Projects under this contract includes but not limited to: Vera Johnson Manor A Apartments entails the acquisition and rehabilitation of 76-units of affordable family housing in Las Vegas, Nevada. The project includes a mix of two-and three-bedroom units with 39 units targeted to households at or below 30% of AMI, and 37 units targeted to households at or below 50% of AMI. The units are contained within ten 1-story and 2-story row/townhouse buildings. The property will be owned by a new to-be-formed sole purpose entity. The total development cost for this project is approximately $10.5 million. Financial closing is anticipated in April 2017 with construction starting that same AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 4 of 16

7 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) month. The project will be financed through a variety of sources including 9% Low Income Housing Tax Credits (LIHTC), SNRHA public housing operating funds, and conventional construction financing. SNRHA and/or AHP will submit an application for 9% LIHTC in May 2016; awards will be announced by the Nevada Division of Housing in summer Equity and construction financing will be secured upon receipt of tax credits. SNRHA will be submitting a Mixed Finance Proposal and an Inventory Removal Application under Section 18 Subpart F Inventory Removal Process late Rose Gardens Senior Apartments entails the demolition of an existing 120-unit public elderly housing development located in North Las Vegas, Nevada, and the subsequent new construction of a 120-unit affordable senior housing development on a site across the street from the existing location. The new project will consist of one three-story residential elevator building on a 2.75-acre site with a mix of one and two-bedroom units with all units target at or below 60% of AMI. The property will be owned by a new to-be-formed sole purpose entity. The total development cost for this project is approximately $20.6 million. Financial closing is anticipated in February 2017 with construction starting that same month. The project will be financed through a variety of sources includes tax-exempt bonds issued by the Nevada Housing Division (NHD), equity from the sale of 4% Low Income Housing Tax Credits, Affordable Housing Program funds from Federal Home Loan Bank of San Francisco, City of North Las Vegas HOME/Housing Trust Funds, NHD GAHP Program funds, Clark County HOME/Housing Trust Funds, and capital funds from the Southern Nevada Regional Housing Authority. SNRHA submitted its application for RAD financing to HUD in March 2015 and received a CHAP in July The Rose Gardens site is within the City of North Las Vegas US Department of Housing and Urban Development Choice Neighborhood Initiative (CNI) planning grant area. As part of the CNI planning grant, the SNRHA is working with City staff, residents, and other stakeholders to develop a transformation plan for this targeted community. The redevelopment of Rose Gardens is central to the transformation plan and will enable the City of North Las Vegas to maintain affordable, multifamily housing in this location. In addition to support for the Rose Gardens redevelopment, the transformation plan will provide a blueprint and means to attract a broad income-range of households to the neighborhood along with new businesses, school investment, and additional social services. 2.2 Scope of Services: The selected law firm will act as chief point of contact with HUD legal staff and coordinate the closing of a Mixed Finance or RAD or CNI Transaction, which will also include the participation of a to be selected tax credit investor/syndicator and conventional construction lender. The firm will prepare and/or review the financing documents for the project, including: Ground Lease; Company Operating Agreement; Construction and Bridge Loan Documents; SNRHA Capital Fund Grant and Loan Agreements; AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 5 of 16

8 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) RAD Required Documents (i.e. RAD PBV HAP; RAD Conversion Commitment; RAD Use Agreement; and Release of HUD Declaration of Trust.) Mixed Finance Required Documents (i.e. Regulatory and Operating Agreement; Declaration of Restrictive Covenants; Right of First Refusal Purchase Option with Owner Entity; and Release of HUD Declaration of Trust. Other required documents may include but not limited to: Deed of Trust; Bond Purchase Agreement; Series Indenture Local legal opinions will be provided by SNRHA s general counsel. We may request that the selected legal counsel secure additional local legal assistance related to the property tax exemption opinion and other real estate matters through its prime contract. These services would be invoiced separately, at cost, and do not need to be included in the requested fee proposal SNRHA/AHP has also contracted with a development finance consultant, EJP Consulting Group, LLC, partnered with Praxis Consulting Group, LLC, which is familiar with mixed-finance development, the RAD program, and 9% LIHTC financing. EJP/Praxis is assisting SNRHA/AHP in completing Mixed Finance and RAD due diligence and in preparing the Mixed Finance and RAD submissions for HUD staff review. 3.0 PROPOSAL FORMAT: 3.1 Tabbed Proposal Submittal: The AHP intends to retain the successful proposer pursuant to a Best Value basis, not a Low Bid basis (*"Best Value" in that the AHP will, as detailed within the following Section 4.0, consider factors other than just cost in making the award decision). Therefore, so that the AHP can properly evaluate the offers received, all proposals submitted in response to this RFP must be formatted in accordance with the sequence noted following. Each category must be separated by numbered index dividers (which number extends so that each tab can be located without opening the proposal) and labeled with the corresponding tab reference also noted below. None of the proposed services may conflict with any requirement the AHP has published herein or has issued by addendum pertaining to this RFP Tab No. 1, Form of Proposal: This Form is attached hereto as Attachment A to this RFP document. This 1-page Form must be fully completed, executed where provided thereon and submitted under this tab as a part of the proposal submittal Tab No. 2, Form HUD-5369-C (8/93), Certifications and Representations of Offerors, Non-Construction Contract: This Form is attached hereto as Attachment B-1 to this RFP document. This 2-page Form must be fully completed, executed where provided thereon and submitted under this tab as a part of the proposal submittal Tab No. 3, Disclosure of Ownership: The Disclosure of Ownership Form is attached hereto as Attachment C to this RFP document. This 2-page form must be fully completed, executed and submitted under this tab as a part of the proposal submittal. AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 6 of 16

9 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) Tab No. 4, Proposed Services: As more fully detailed within Section 2.0 of this RFP document, the proposer shall, at a minimum, clearly detail within the information submitted under this tab: Letter of Interest/Transmittal Letter: signed by an officer of the firm or corporation authorized to tender such responses and to execute contracts; Qualifications and Capacity of the Proposed Development Team, including: Provide a brief description of your firm s experience in preparing Mixed Finance, RAD and public housing financing documents and in carrying out Mixed Finance and RAD closings utilizing tax credits and public housing resources. Provide specific qualifications and resumes for the staff that will be assigned to this project Indicate the name(s) of staff who will be assigned to the proposed project Please verify that the assigned legal staff will be available to prepare the evidentiary documents and oversee the HUD closing in late Tab No. 5, Client Information: The proposer shall submit a listing of minimum three (3) former or current clients for whom the proposer has performed similar or like services to those being proposed herein. The listing shall, at a minimum, include: The client s name; The client s contact name The client s telephone number; A brief description and scope of the service(s) and the date the services were provided Tab No. 6, Equal Employment Opportunity: The proposer must submit under this tab a copy of its Equal Opportunity Employment Policy, and any documentation it believes substantiates evaluation criteria 5d detailed within Section of this document (i.e. practice and history of employing minorities and/or women in professional positions) Tab No. 7, Subcontractor/Joint Venture Information (Optional Item): The proposer shall identify hereunder whether or not he/she intends to use any subcontractors for this job, if awarded, and/or if the proposal is a joint venture with another firm. Please remember that all information required from the proposer must also be included for any major subcontractors (10% or more) or from any joint venture Tab No. 8, Section 3 Residents Hiring (Mandatory Item): The SNRHA s Section 3 Plan contains mandatory minimum thresholds for hiring of residents and low and very low-income persons on all construction contracts, service AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 7 of 16

10 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) contracts and professional service contracts that contain a labor component. The proposer shall include Section 3 Contractor Initial Response Form attached hereto as Attachment D Tab No. 9, Section 3 Business Preference Documentation (Optional Item): For any proposer claiming a Section 3 Business Preference, he/she shall under this tab include the fully completed and executed Section 3 Business Preference Certification Form attached hereto as Attachment E and any documentation required by that form. If the proposer does not claim any Section 3 preference, please place hereunder a statement that "NO SECTION 3 BEING CLAIMED." Tab No. 10, Conflict of Interest Disclosure: Agent must disclose in a formal written letter (Agent s letterhead) signed by the owner of the company, any real or apparent Conflict of Interest pursuant to the following Section Tab No. 11, Other Information (Optional Item): The proposer may include hereunder any other general information that the proposer believes is appropriate to assist the AHP in its evaluation If no pertinent information is to be placed under any of the tabs (especially the "Optional" tabs), please place there under a statement such as "NO INFORMATION IS BEING PLACED UNDER THIS TAB" or "THIS TAB LEFT INTENTIONALLY BLANK. 3.2 Proposed Fees: The proposed Legal Fees shall be submitted under a separate cover from the tabbed documentation detailed within the preceding 3.1. Each proposer shall, under this separate cover, include the following: Lump Sum Fee by Task: for the required services, as described in Section 2.2 above for Vera Johnson Manor A Lump Sum Fee by Task: for the required services, as described in Section 2.2 above for Rose Gardens Provide hourly rates for the assigned staff. In preparing your fee proposal, assume that no site visits will be required and the closing will carried out electronically; Hourly Rates: As detailed within Section 2.2, the costs proposed by each proposer for the services detailed within Sections 2.2. are all-inclusive of all related costs that the Contractor will incur to provide the noted service or installation, including, but not limited to: employee wages and benefits; clerical support; overhead; profit; licensing; insurance; materials; supplies; tools; equipment; travel; etc. However, it is possible that the AHP will require the successful proposer to provide additional work that the proposer is qualified to provide that is not specifically detailed within Sections 2.2. When such occurs, the work will be provided by the successful proposer at a negotiated cost at the rates identified under this proposal. This means that the AHP anticipates initially completing award for Vera Johnson Manor A and Rose Gardens, on a task order basis and will only complete award on as asneeded basis for additional services. AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 8 of 16

11 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) Proposer to provide at minimum hourly rates for: Partner Senior Counsel Associate Paralegal 3.3 Proposal Submission: All proposals must be submitted and time-stamped received in the SNRHA Development/Modernization Office by no later than the submittal deadline stated herein (or within any ensuing addendum). A total of 1 original signature copy (marked "ORIGINAL") and 2 exact copies (each of the 3 proposal submittals shall have a cover and extending tabs) of the proposal submittal, shall be placed unfolded in a sealed package and addressed to: SNRHA Development/Modernization Office Attention: Amparo Gamazo, Director 340 N. 11th Street, Suite 150 Las Vegas, Nevada The package exterior must clearly denote the above noted RFP number and must have the proposer s name and return address. Proposals submitted after the published deadline will not be accepted. No exceptions. 3.4 Submission Conditions: DO NOT FOLD OR MAKE ANY ADDITIONAL MARKS, NOTATIONS OR REQUIREMENTS ON THE DOCUMENTS TO BE SUBMITTED! Proposers are not allowed to change any requirements or forms contained herein, either by making or entering onto these documents or the documents submitted any revisions or additions; and if any such additional marks, notations or requirements are entered on any of the documents that are submitted to the AHP by the proposer, such may invalidate that proposal. If, after accepting such a proposal, the AHP decides that any such entry has not changed the intent of the proposal that the AHP intended to receive, the AHP may accept the proposal and the proposal shall be considered by the AHP as if those additional marks, notations or requirements were not entered on such. By submitting a proposal, the proposer is thereby agreeing to abide by all terms and conditions published herein and by addendum pertaining to this RFP. 3.5 Submission Responsibilities: It shall be the responsibility of each proposer to be aware of and to abide by all dates, times, conditions, requirements and specifications set forth within all applicable documents issued by the AHP, including the RFP document, the documents listed within the following Section 3.8, and any addenda and required attachments submitted by the proposer. By virtue of completing, signing and submitting the completed documents, the proposer is stating his/her agreement to comply with the all conditions and requirements set forth within those documents. Written notice from the proposer not authorized in writing by the AHP to exclude any of the AHP requirements contained within the documents may cause that proposer to not be considered for award. 3.6 Proposer's Responsibilities--Contact With the AHP: It is the responsibility of the proposer to address all communication and correspondence pertaining to this RFP process to the AHP only. Proposers must not make inquiry or communicate with any other AHP staff member or official (including members of the Board of Commissioners) pertaining to this RFP. Failure to abide by this requirement may be cause for the AHP to AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 9 of 16

12 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) not consider a proposal submittal received from any proposer who may has not abided by this directive. 3.7 Question & Answer Period in Lieu of Pre-Proposal Conference: The AHP hereby exercises its right NOT to schedule a Pre-Proposal Conference, however, a Question & Answer Period has been provided. However, all questions and answers must be asked and submitted in writing and submitted via to amgamazo@snvrha.org only so all questions are answer simultaneously to all registered parties in conjunction with this RFP. The Question & Answer Period is from Wednesday, March 16, 2016 through March 30, 2016, 12:00 noon (PST). No questions will be answered after this deadline, no exceptions. 3.8 Recap of Attachments: Attachment A: Form of Proposal; Attachment B: Form HUD-5369-B (08/1993), Instructions to Offerors, Non- Construction; Attachment B-1: Form HUD-5369-C (8/1993), Certifications and Representations of Offerors, Non-Construction Contract; Attachment C: Disclosure of Ownership Attachment C-1: System for Award Management (SAM) Registration Agent must be registered in SAM Attachment C-2: HUD Information Bulleting Attachment C-3: SNRHA Drug-Free Workplace certification Attachment C-4: Authorization to Release Information Attachment C-5: Non Collusive Affidavit Attachment D: Section 3 Contractor Initial Response Form, including Mandatory Resident Hiring Minimum Threshold, and program explanation Attachment E: Section 3 Business Preference Forms, including program explanation; Attachment F: AHP Sample Contract Form (please note that this contract is being given as a sample only--the AHP reserves the right to revise any clause herein and/or to include within the ensuing contract any additional clauses that the AHP feels it is in its best interests to do so; but in any case, the AHP anticipates that the final contract form will contain many of the clauses detailed herein); Attachment F-1: Form HUD-5370-C (01/2017), General Contract Conditions, Non-Construction; Attachment F-2: Form HUD (01/2017), Certification of Payments to Influence Federal Transactions. AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 10 of 16

13 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) Attachment G: Practice and History of Employing Minorities and/or Women in Professional Positions Attachment H: Property Narrative - Vera Johnson Manor A Attachment I: Property Narrative Rose Gardens 4.0 PROPOSAL EVALUATION: 4.1 Evaluation Criteria: The following criterion will be utilized by the evaluation panel appointed by the SNRHA to evaluate each proposal submittal received: NO. MAX POINT VALUE CRITERION DESCRIPTION 1 25 points The LEGAL FEE the proposer proposes to charge the AHP and their VALUE to the AHP ("Value," based upon the opinion of the evaluators) points EVIDENCE OF RELATED EXPERIENCE, based upon the opinion of the evaluators after review of the documentation /information the proposer submits in response to the requirements detailed within Section of this RFP document points The QUALIFICATIONS and CAPACITY of the PROPOSED LEGAL TEAM, AND SPECIALIZED KNOWLEDGE, TECHNICAL COMPETENCE, CAPABILITY and ABILITY based upon the opinion of the evaluators after review of the documentation/information the proposer submits in response to the requirements detailed within Section on this RFP document points The OVERALL QUALITY AND PROFESSIONAL APPEARANCE OF THE PROPOSAL SUBMITTED, based upon the opinion of the evaluators. 100 points Total Points (other than preference points) Preference Evaluation Criteria: The following criterion will be utilized by the staff member assigned by the SNRHA to evaluate each proposal submittal received: NO. MAX POINT VALUE REVISED CRITERION DESCRIPTION 5 PROPOSER DIVERSITY (NOTE: A max of 10 points awarded.) 5a 10 points SNRHA resident-owned business. 5b 7 points Woman- or minority-owned business 5c 5 points Joint venture with women or minority or SNRHA residentowned business. 5d 3 points Practice and history of employing minority and/or women in Professional positions. AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 11 of 16

14 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) 6 SECTION 3 BUSINESS PREFERENCE PARTICIPATION FACTORS: A firm may qualify for Section 3 Business Concern Preference status as detailed below and as indicated in Attachment E (Note: A max of 5 points awarded). 6a 5 points Priority I: As Detailed in Attachment E 6b 4 points Priority 2: As Detailed in Attachment E 6c 3 points Priority 3: As Detailed in Attachment E 15 points Preference Points (Additional) 115 points Total Possible Points 4.2 Evaluation Method: Initial Evaluation: Each proposal received will first be evaluated for responsiveness (i.e. meets the minimum of the requirements). Proposals that do not comply fully with those requirements may be rejected without further review. The AHP shall select a minimum of a three-person panel to evaluate each of the proposals submitted in response to this RFP. The AHP may consider unacceptable any proposal for which information is lacking or whose submission represents a deviation from the requirements of this RFP. Minor omissions, informalities or irregularities may, at the sole option and discretion of the AHP, be corrected subsequent to the submission due date Evaluation Panel: Responsive proposals will be submitted to an evaluation panel convened by the AHP representing the interests of the Owner. The AHP shall consult with the panel and the SNRHA staff who shall make recommendations prior to selection of the finalist. The AHP shall make the final decision on behalf of the Owner, at its sole discretion, as to the proposal that best meets the interests of the development and prospective residents. The determination of the criteria and process whereby responses are evaluated, the decision as to who shall receive a contract award, or whether or not an award shall be made as a result of this RFP, shall be at the sole and absolute discretion of the AHP. No award will be made to any Agent that is determined not responsible to perform or if the Agent or any member of its team are suspended, debarred or otherwise determined ineligible to receive an award from HUD Oral Interviews/Best & Finals: At its discretion, and as detailed by HUD within Chapter 7 of HUD Procurement Handbook REV-2, at any point during the evaluation process the AHP may choose to conduct oral interviews with some or all of the proposers and to accept Best & Final offers from the same. As a part of the Best & Finals process, the AHP reserves the right to request and receive from each such proposer remaining in consideration a proposed operating budget and to evaluate each as a part of the cost evaluation criteria Restrictions: All persons having familial (including in-laws) and/or employment relationships (past or current) with principals and/or employees of a proposer entity will be excluded from participation on the AHP evaluation panel. Similarly, all persons having ownership interest in and/or AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 12 of 16

15 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) 5.0 CONTRACT AWARD: contract with a proposer entity will be excluded from participation on the AHP evaluation panel Right to Reject: The AHP reserves the right to reject the proposal of any respondent who has previously failed to perform properly on a contract of a similar nature, who is not in a position to perform the contract, or who habitually and without just cause has neglected the payment of bills or otherwise disregarded its obligations to subcontractors, providers of materials and/or employees. 5.1 Contract Award Procedures: If a contract is awarded pursuant to this RFP, the following detailed procedures will be followed: Upon final completion of the proposal evaluation process, the evaluation panel will forward the completed evaluations to the SNRHA PM. The AHP PM will formulate and forward to the SNRHA ED for approval a written award recommendation. The SNRHA ED may choose to take the award recommendation to the AHP Board of Directors at a scheduled AHP board meeting for approval (typically for contracts with a total value greater than $100,000). If so, the AHP Board will then make its determination of whether or not to follow the panel s recommendation. If the recommendation is followed and the top-rated proposer is approved for award, all proposers will receive a Notice of Results of Evaluation. Contract price negotiations may, at the AHP's option, be conducted prior to or after the Board approval. 5.2 Contract Conditions: The following provisions are considered mandatory conditions of any contract award made by AHP pursuant to this RFP: Contract Form: The AHP will not execute a contract on the successful proposer's form--contracts will only be executed on the AHP form (please see Sample Contract, Attachment F), and by submitting a proposal the successful proposer agrees to do so (please note that the AHP reserves the right to amend this form as the AHP deems necessary). However, the AHP will consider any contract clauses that the proposer wishes to include therein, but the failure of the AHP to include such clauses does not give the successful proposer the right to refuse to execute the AHP's contract form. It is the responsibility of each prospective proposer to notify the AHP, in writing, prior to submitting a proposal, of any contract clause that he/she is not willing to include in the final executed contract and abide by. The AHP will consider and respond to such written correspondence, and if the prospective proposer is not willing to abide by the AHP's response (decision), then that prospective proposer shall be deemed ineligible to submit a proposal Assignment of Personnel: The AHP shall retain the right to demand and receive a change in personnel assigned to the work if the AHP believes that such change is in the best interest of the AHP and the completion of the contracted work Unauthorized Sub-Contracting Prohibited: The successful proposer shall not assign any right, nor delegate any duty for the work proposed pursuant to this RFP (including, but not limited to, selling or transferring the contract) AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 13 of 16

16 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) without the prior written consent of the AHP. Any purported assignment of interest or delegation of duty, without the prior written consent of the AHP shall be void and may result in the cancellation of the contract with the AHP, or may result in the full or partial forfeiture of funds paid to the successful proposer as a result of the proposed contract; either as determined by the AHP Ethics in Public Contracting: Ethical standards apply not only to PHA employees and Contracting Officers but to others with a vested interest in PHA contracts such as members of the Board of Commissioners, other officials and agents of the authority, and contractors with whom the PHA does business. Please refer to Handbook No Rev 2, Chapter 4, which explains the specific ethical requirements for PHA contracting 24 CFR (b)(3) Principles: Members of the Board of Commissioners, PHA employees, and any others serving in an official position or acting as an agent of the PHA (hereafter referred to as employees, officers, or agents) must discharge their duties impartially to ensure fair competitive access to procurement opportunities by responsible contractors. Moreover, employees, officers, and agents should conduct themselves in such a manner as to foster the public s confidence in the integrity of the PHA procurement organization and process. Any attempt to realize personal gain through PHA employment or to serve as an officer or agent of the PHA through actions inconsistent with the proper discharge of duties is a breach of public trust Conflicts of Interest (24 CFR 85.36(b)(3) and Section 19 of the Annual Contribution Contract (ACC) between HUD and Public Housing.: PHAs must observe the following conflict of interest prohibitions No PHA employee, officer, or agent shall participate in the selection, award or administration of a contract supported by Federal funds if a conflict of interest, financial or otherwise, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent, any member of his or her immediate family; his or her partner; or an organization which employs or is about to employ any of the above, has a financial or other interest in the firm selected for the award Immediate family is defined as: father, mother, sister, brother, son, daughter, wife, husband, grandparents, stepparents, in-law, sister-in-law, son-in-law, daughter-in-law, uncle and aunt and legal guardian and legal ward. Uncle and Aunt shall be defined as brother and sister of your biological father or mother In addition to any other applicable conflict of interest requirements, neither the PHA nor any of its contractors or their subcontractors may enter into any contract, subcontract, or arrangement in connection with a project under the ACC in which AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 14 of 16

17 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) any of the following classes of people have an interest, direct or indirect, during his or her tenure or for one year thereafter: Any present or former member or officer of the governing body of the PHA, or any member of the officer s immediate family. There shall be excepted from this prohibition any present or former tenant commissioner who does not serve on the governing body of a resident corporation, and who otherwise does not occupy a policymaking position with the resident corporation, the PHA or a business entity Any employee of the PHA who formulates policy or who influences decisions with respect to the project(s), or any member of the employee s immediate family, or the employee s partner Any public official, member of the local governing body, or State or local legislator, or any member of such individuals immediate family, who exercises functions or responsibilities with respect to the project(s) of the PHA. (Note: For additional important provisions see Section 19 of the ACC) No present or former PHA employee, officer, or agent shall engage in selling or attempting to sell supplies, services, or construction to the PHA for one year following the date such employment ceased (see Sections 515 of the old ACC, form HUD-53011, dated 11/69, and Section 19 of the new ACC, form HUD-53012A, dated 7/95). The term sell means signing a bid or proposal, negotiating a contract, contacting any PHA employee, officer, or agent for the purpose of obtaining, negotiating, or discussing changes in specifications, price, cost allowances, or other terms of a contract; settling contract disputes; or any other liaison activity with a view toward the ultimate consummation of a sale, although the actual contract is negotiated by another person. 5.3 Contract Period: The AHP anticipates that it will initially award a contract on behalf of the Owner for a period of one year, with an option to renew for an additional year for up to three (3) years. 5.4 Licensing and Insurance Requirements: Prior to award (but not as a part of the proposal submission) the successful proposer will be required to provide: An original certificate evidencing the proposer s current industrial (workers compensation) insurance carrier and coverage amount; An original certificate evidencing General Liability coverage, naming the AHP as an additional insured, together with the appropriate endorsement to said policy reflecting the addition of the Southern Nevada Regional Housing Authority as an additional insured under said policy (minimum of $1,000,000 each occurrence, general aggregate minimum limit of $2,000,000, together with damage to premises and fire damage of $50,000 and medical expenses any one person of $5,000), with a deductible of not greater than $1,000; AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 15 of 16

18 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) An original certificate showing the proposer's professional liability and/or "errors and omissions" coverage (minimum of $1,000,000 each occurrence, general aggregate minimum limit of $2,000,000), with a deductible of not greater than $1,000; An original certificate showing the proposer's automobile insurance coverage in a combined single limit of $1,000, For every vehicle utilized during the term of this program, when not owned by the entity, each vehicle must have evidence of automobile insurance coverage with limits of no less than $50,000.00/$100, and medical pay of $5,000.00; A copy of the proposer s business license allowing that entity to provide such services within the jurisdiction the property is located at (Clark County); If applicable, a copy of the proposer's license issued by the State of Nevada licensing authority allowing the proposer to provide the services detailed herein The requested related information shall also be entered where provided for on the Disclosure of Ownership Form (DO NOT ATTACH SUBMIT COPIES WITHIN THE PROPOSAL SUBMITTAL--we will garner the necessary certificates from the successful proposer prior to contract execution). 5.5 Right to Negotiate Final Fees: The AHP shall retain the right to negotiate the amount of fees that are paid to the successful proposer, meaning the fees proposed by the toprated proposer may, at the AHP's options, be the basis for the beginning of negotiations. Such negotiations shall begin after the AHP evaluation panel has chosen a top-rated proposer. If such negotiations are not, in the opinion of the AHP successfully concluded within 5 business days, the AHP shall retain the right to end such negotiations and begin negotiations with the next rated proposer. 5.6 Billing/Payment Methods: Payments: It is anticipated that the Agent will be paid, at a minimum, on a monthly basis after submittal to the AHP of a fully completed invoice in the format of the AHP s choose. 5.7 Contract Service Standards: All work performed pursuant to this RFP must conform and comply with all applicable local, state and federal laws. AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 16 of 16

19 ATTACHMENT A FORM OF PROPOSAL

20 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) FORM OF PROPOSAL (ATTACHMENT A) (This Form must be fully completed and placed under Tab No. 1 of the hard copy tabbed proposal submittal) Instructions: Unless otherwise specifically required, the items listed below must be completed and included in the proposal submittal. Please complete this form by marking an X, where provided, to verify that the referenced completed form or information has been included within the hard copy proposal submittal submitted by the proposer. Also, complete the Section 3 Statement and the Proposer s Statement as noted below: X = ITEM INCLUDED TABS SUBMITTAL ITEMS (Three copies of each proposal, including one with original signatures) Tab 1 Form of Proposal (Attachment A) Tab 2 Tab 3 Tab 4 Tab 5 Tab 6 Tab 7 Form HUD-5369-C, (Attachment B-1) (to be completed and signed) Disclosure of Ownership Form (Attachment C) Proof of System for Award Management (SAM) Registration (Attachment C-1) HUD information Bulletin (Attachment C-2) SNRHA Drug Free Work place certification (Attachment C-3) Authorization to Release Information (Attachment C-4) Non-Collusive Affidavit (Attachment C-5) Proposed Services Client Information Equal Employment Opportunity Statement and Practice and History of Hiring Minorities Form (Attachment G) Subcontractor/Joint Venture Information (Optional) Tab 8 SNRHA s Section 3 Contractor Initial Response (Attachment D) Tab 9 SNRHA s Section 3 Business Concerns Preference (Optional) (Attachment E) Tab 10 Tab 11 Conflict of Interest Disclosure (Proposer Letterhead) Other Information (Optional) An under separate cover: X = ITEM INCLUDED SUBMITTAL ITEMS (Three copies of each proposal, including one with original signatures) Proposed Fees (Cost Proposal Proposer Form) SECTION 3 STATEMENT Are you claiming a Section 3 business preference? YES or NO. If YES, pursuant to the Section 3 portion within the Conditions and Specifications, and pursuant to the documentation justifying such submitted under Tab No.9, which priority are you claiming?. AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 1

21 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) PROPOSER S STATEMENT The undersigned proposer hereby states that by completing and submitting this Form and all other documents within this proposal submittal, he/she is verifying that all information provided herein is, to the best of his/her knowledge, true and accurate, and that if the HA discovers that any information entered herein to be false, such shall entitle the HA to not consider or make award or to cancel any award with the undersigned party. Further, by completing and submitting the proposal submittal, and by entering and submitting the costs where provided within the noted Internet System, the undersigned proposer is thereby agreeing to abide by all terms and conditions pertaining to this RFP as issued by the HA, either in hard copy or on the noted Internet System, including an agreement to execute the attached Sample Contract form. Pursuant to all RFP Documents, this Form of Proposal, and all attachments, and pursuant to all completed Documents submitted, including these forms and all attachments, the undersigned proposes to supply the HA with the services described herein for the fee(s) entered within the areas provided within the noted Internet System pertaining to this RFP. SIGNATURE DATE PRINTED NAME FIRM NAME Proposers who wish not to have any proprietary information released to the public must indicate on each page of their proposal that the information being provided is for the purpose of this solicitation only and shall not be disclosed outside of the Housing Authority. AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 2

22 ATTACHMENT B FORM HUD-5369-B (8/1993) INSTRUCTIONS TO OFFERORS, NON- CONSTRUCTION CONTRACT

23

24 2

25 ATTACHMENT B-1 FORM HUD-5369-C (8/1993) CERTIFICATIONS AND REPRESENTATIONS OF OFFERORS, NON-CONSTRUCTION CONTRACT

26 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

27 (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

28 ATTACHMENT C DISCLOSURE OF OWNERSHIP

29 SOUTHERN NEVADA REGIONAL HOUSING AUTHORITY Contracts & Purchasing Fax: (702) ; TDD: (702) DISCLOSURE OF OWNERSHIP INSTRUCTIONS: This form must be completed by the General/Prime Contractor, each Sub-contractor and Joint Venture Partnerships. Please provide copies of all Business Licenses, Articles of Incorporation, etc., and WBE, MBE Section 3, RBE Certifications with this form. Company Name Address City, State & Zip Telephone Fax Primary Contact Title Address Federal Tax Identification Number Applicable City/County Business License Number (Property located at) State of Nevada Contractor s License Number, If any NAME AND TITLE OF PRINCIPALS OF YOUR COMPANY Please list additional principals on a separate sheet of paper. Name Title % Owned Name Title % Owned SUPPLIER DIVERSITY STATEMENT: Because the SNRHA receives federal funding, we must report to the government our supplier diversity efforts. This Information is used for coding and reporting purposes only and will not affect the ability of your firm to do business with our agency. If you do not complete this area, we cannot add your firm to our eligible list. Resident (RBE) Minority (MBE) or Women-Owned (WBE) Business Enterprise qualifies by virtue of 51% or more of the ownership and active management by one or more of the following (check all that apply): Male Owned Public Held Corporation Government Agency Non Profit Organization Woman Owned Caucasian American Native American Hispanic American Asian/Pacific Hasidic Jew Asian/Indian SNRHA Resident African American Veteran Disabled W/MBE Certification# SEC 3/RBE Certification # Other DEBARRED STATEMENT: Has this firm or any principles ever been disbarred from providing any items or services by any local, state or federal governmental agency? Y or N If yes, please attach a full detailed explanation, including dates, circumstances and current status. DISCLOSURE STATEMENT: Does/has this firm or any principal have/had any personal or professional relationship with any commissioner or officer of the SNRHA? Y or N If yes, please attach a full detailed explanation, including dates, circumstances and current status. The undersigned hereby affirms that he/she is empowered to sign this form and requests that the above-noted firm be added to the SNRHA s list of firms eligible to do business with the SNRHA. The undersigned further affirms that, to the best of his/her knowledge, the above information is current and accurate, and acknowledges on behalf of the noted firm that the non-response of two (2) consecutive invitations to provide quotes/bids/proposals by the SNRHA will give the SNRHA the right to remove that firm from its list of eligible firms. INSURANCE: Copy of insurance certificate must be provided immediately upon Notice of Award of contract, naming the SNRHA the Certificate Holder and as an additional insured regarding General Liability. General Liability Insurance Policy # and Carrier: Workman s Compensation Policy # and Carrier: Automobile Liability Insurance Policy # and Carrier: Signature Date Printed Name Page 1 of 2

30 SOUTHERN NEVADA REGIONAL HOUSING AUTHORITY Contracts & Purchasing Fax: (702) ; TDD (702) KEY PERSONNEL INSTRUCTIONS: LIST PERSONNEL ASSIGNED TO THIS CONTRACT: Identify the individual(s) that will act as project manager and any other supervisory personnel who will work on project; attach brief resume for each: Name: Title NAME: SIGNATURE: DATE: Page 2 of 2

31 ATTACHMENT C-1 SYSTEM OF AWARD MANAGEMENT (SAM) REGISTRATION

32 Quick Start Guide for Entities Interested in Being Eligible for Government Contracts Before you register, you need to know the following: What is an Entity? In SAM, your company/business/organization is now referred to as an Entity. REGISTERING IN SAM IS FREE. If you were registered in CCR, your company s information is already in SAM. You just need to set up a SAM account. See the Migrating Roles Quick Start Guide. Your Entity s DUNS Number You need a DUNS to register your entity in SAM. If you do not have a DUNS number, you can request a DUNS number for free by visiting D&B at It takes 1-2 business days to obtain a DUNS. Your Entity s Taxpayer Identification Number (TIN) You need your entity s Tax ID Number (TIN) and taxpayer name (as it appears on your last tax return). Foreign entities that do not pay employees within the U.S. do not need to provide a TIN. A TIN is an Employer Identification Number (EIN) assigned by the Internal Revenue Service (IRS). Sole proprietors may use their Social Security Number (SSN) assigned by the Social Security Administration (SSA) if they do not have a TIN, but please be advised it will not be treated as privacy act data in SAM. To obtain an EIN visit: Activating a new EIN with the IRS takes 2-5 weeks. Go to Our Website: Steps For Registering Your Entity in SAM 1. Go to 2. Create a Personal Account and Login 3. Click Register New Entity under Manage Entity on your My SAM page 4. Select your type of Entity 5. Select Yes to Do you wish to bid on contracts? 6. Complete Core Data Validate your DUNS information Enter Business Information (TIN, etc.) Enter CAGE code if you have one. If not, one will be assigned to you after your registration is completed. Foreign registrants must enter NCAGE code. Enter General Information (business types, organization structure, etc) Financial Information (Electronic Funds Transfer (EFT )Information) Executive Compensation Proceedings Details 7. Complete Assertions Goods and Services (NAICS, PSC, etc.) Size Metrics EDI Information Disaster Relief Information 8. Complete Representations and Certifications FAR Responses Architect-Engineer Responses DFARS Responses 9. Complete Points of Contact 10. Your entity registration will become active after 3-5 days when the IRS validates your TIN information. Contact the SAM Help Desk:

33 ATTACHMENT C-2 HUD INFORMATION BULLETING 90-23

34 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) HUD INFORMATION BULLETIN Page 1 of 3 1. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT a. The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the Contractor has knowledge. b. In the event of any claim or suit against the SNRHA on account of any alleged patent or copyright infringement arising out of the performance of this contract or out of the use of any supplies furnished or work or services performed under this contract, the Contractor shall furnish to the SNRHA, when requested by the Contracting Officer, all evidence and information in possession of the contractor pertaining to such suit or claim. Such evidence and information shall be furnished at the expense of the SNRHA except where the contractor has agreed to indemnify the SNRHA. c. The Contractor agrees to include, and require inclusion of, this clause in all subcontracts at any tier for supplies or services (including construction and architects-engineer subcontracts) and those for material, expected to exceed the Small Purchases threshold. 2. CLEAN AIR AND WATER CERTIFICATION The Contractor certifies that: a. Any facility to be used in the performance of this proposed contract is / is not listed on the Environmental Protection Agency List of Violating Facilities; b. The Offeror will immediately notify the Contracting Officer, before award, of the receipt of any communication for the Administrator, or a designee, or the Environmental Protection Agency, indicating that any facility that the Offeror proposed to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and c. The Contractor will include a certification substantially the same as this certification, including this paragraph (c) in every nonexempt subcontract. 3. CLEAN AIR AND WATER "Air Act," as used in this clause, means the Clean Air Act (42 U.S.C et seq.). "Clean Air standards," as used in this clause, means: (1) Any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, work practices, or other requirements combined in, issued under, or otherwise adopted under the Air Act or Executive Order (2) An applicable implementation plan as described in Section 1109d of the Air Act (41 U.S.C. 7401d) (3) An approved implementation procedure or plan under section 111(c) or section 111(d) of the Air Act (42 U.S.C. 7411(c) or (d)); or AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 1 of 3

35 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) HUD INFORMATION BULLETIN Page 2 of 3 (4) An approved implementation procedure under section 1129(d) of the Air Act (42 U.S.C. 7412(d)) "Clean water standards," as used in this clause, means any enforceable limitation, control, condition, prohibition, standard, or other requirement promulgated under the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C.1342), or by local government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (33 U.S.C. 1317) "Compliance," as used in this clause, means compliance with: (1) Clean air or water standards; or (2) A schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency, or an air or water pollution control agency under the requirements of the Air Act or Water Act and related regulations. "Facility," as used in this clause, means any building, plant, installation, structure, mine, vessel or other floating craft, location, or site of operations, owned, leased, or supervised by a Contractor or subcontract, used in the performance of a contract or subcontract. When a location or site shall be deemed a facility except when the Administrator, or a designee, or the Environmental Protection Agency, determines that independent facilities are co-located in one geographical area. "Water Act," as used in this clause, means Clean Water Act (33 U.S.C et seq.). b. The Contractor agrees: (1) To comply with all the requirements of section 114 of the Clean Air Act (42 U.S.C. 7414) and section 308 of the Clean Water Act (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports, and information, as well as other requirement specified in section 114 and section 308 of the Air Act and the Water Act, and all regulations and guidelines issued to implement those acts before the award of this contract; (2) That no portion of the work as required by this prime contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of the facility from the listing; (3) To use best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed; and (4) To insert the substance of this clause into any nonexempt subcontract, including this subparagraph(b)(4). AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 2 of 3

36 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) HUD INFORMATION BULLETIN Page 3 of 3 4. ENERGY POLICY AND CONSERVATION ACT The Contractor must meet the mandatory energy efficiency standards as required by the Energy Policy and Conservation Act (Pub.L.94-16). The "Covered product" shall meet the highest energy efficiency requirements in accordance with industry performance standards. "Covered product" means a consumer product such as central air conditions, freezers, furnaces, and water heaters. Copies of standards can be obtained from the list identified in the SNRHA's project manual, dated December 1989, page under the trade association names and titles section. SIGNATURE DATE PRINTED NAME FIRM NAME AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 3 of 3

37 ATTACHMENT C-3 SNRHA DRUG-FREE WORKPLACE CERTIFICATION

38 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) SOUTHERN NEVADA REGIONAL HOUSING AUTHORITY CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Page 1 of 2 A. The Southern Nevada Regional Housing Authority certifies that it will, or will continue to provide a drug free workplace by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b) Establishing an ongoing drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e) Notifying HUD in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number (s) of each affected grant; f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and Including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 1 of 2

39 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) SOUTHERN NEVADA REGIONAL HOUSING AUTHORITY CERTIFICATION REGARDING DRUG FREE WORKPLACE REQUIREMENTS Page 2 of 2 (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a),(b),(c),(d),(e), and (f). B. The Grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant. Place of performance (street, address, city, county, state, zip code) By: Contractor ATTEST AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 2 of 2

40 ATTACHMENT C-4 AUTHORIZATION TO RELEASE INFORMATION

41 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) AUTHORIZATION TO RELEASE INFORMATION Date: Attn: Linda Price-Simpson Procurement Specialist Southern Nevada Regional Housing Authority (SNRHA) RE: References To Whom It May Concern: We,, are currently participating as the Contractor or Subcontractor with in responding to the noted Solicitation Invitation for Bids (IFB) or Request for Proposals, (RFP) with the Southern Nevada Regional Housing Authority (SNRHA). We understand the Housing Authority is assessing the contract performance records of the Bidder/Contractor and its proposed Subcontractor(s). To facilitate and enhance the performance assessment process, we are signing this Authorization to Release Information granting our permission to release and discuss our company s present and past performance information with SNRHA Procurement and Contracts Department during the Evaluation/Selection process. By signing below I attest I am the individual who has the authority to sign for and legally bind the company. I authorize and acknowledge both the release and discussion of present and past performance information with the SNRHA as indicated above. Company Name: Signature Title: Printed Name: License or DUNN Number: AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 1 of 1

42 ATTACHMENT C-5 NON COLLUSIVE AFFIDAVIT

43 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) SOUTHERN NEVADA REGIONAL HOUSING AUTHORITY NON-COLLUSIVE AFFIDAVIT (RETURN UNDER TAB 3 OF YOUR PROPOSAL) STATE OF ( ) COUNTY OF ( ), being first duly sworn, deposes and says: That he/she is the party making the foregoing proposal or bid and that such proposal or bid is genuine and not collusive or; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person to fix the bid price of affiant or of any other bidder or to secure any advantage against the Housing Authority or any person interested in the proposed contract; and that all statements in said bid/proposal are true. SIGNATURE OF: BIDDER, if the bidder is an Individual PARTNER, if the bidder is a Partnership OFFICER, if the bidder is a Corporation SUBSCRIBED and SWORN to before me this day of, 20. NOTARY PUBLIC

44 ATTACHMENT D SECTION 3 CONTRACTOR INITIAL RESPONSE FORM INCLUDING MANDATORY RESIDENT HIRING THRESHOLDS, AND PROGRAM EXPLANATION

45 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) SECTION 3 CONTRACTOR INITIAL RESPONSE Contractor Information Company Name (Contractor) Contact Person Address City State Zip Code Phone Fax Section 3 Commitment To meet the requirements of Section 3 of the Housing Act of 1968 [12 U.S.C. 1701u], as amended, the terms of the contract, and pursuant to Southern Nevada Regional Housing Authority s (SNRHA s) policies outlined in the Section 3 Policy dated 7/19/14, please answer the following questions; Do you expect to create any new full time employment opportunities during the period while under contract with SNRHA? If yes, of the full time employment opportunities that are created, how many will result in the direct hiring of Section 3 eligible SNRHA s Public Housing residents, Housing Choice Voucher participants and/or low income persons within Clark County (determined by HUD s criteria for low income)? If no, what is your plan to create other employment and training opportunities in order to comply with Section 3 requirements? Upon award of the contract, the contractor will meet with SNRHA to develop the Section 3 Plan specific to the contract, including scheduled progress and compliance deadlines. Signature Date Section 3 - Contractor Initial Response Updated June 2015

46 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) SNRHA S MANDATORY SECTION 3 REQUIREMENTS Section 3 Clause This contract is subject to the following conditions under Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). 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 HUD assistance or HUD-assisted 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 contract 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 or 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 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 contractor 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 (preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprise. 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). AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 1

47 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) SNRHA S SECTION 3 POLICY GENERAL POLICY STATEMENT The purpose of Section 3 of the Housing and Urban Development Act of 1968, as amended by Section 915 of the Housing and Community Development Act of 1992, is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons. The HUD regulations at 24 C.F.R Part 135 set forth the requirements of the Section 3 program, including: The goals and requirements related to creating job and job training opportunities; The specific individuals and business concerns who are the intended beneficiaries of the economic opportunities generated from HUD-assisted activities; and The priority in which individuals and businesses should be recruited and solicited for employment and other economic opportunities generated from HUD-assisted activities. Section 915 of the Housing and Community Development Act of 1992 sets forth: The types of HUD financial assistance, activities, and recipients subject to the requirements of Section 3. The Southern Nevada Regional Housing Authority (SNRHA) fully embraces its obligations under this program and is committed to creating opportunities that forge a path of self-sufficiency for our residents. SNRHA implements this policy through the awarding of contracts to contractors, vendors, and suppliers, to create employment and business opportunities for residents of the Housing Authority and other qualified low- and very low-income persons residing in Clark County. The purpose of SNRHA s Section 3 Policy is to set clear expectations of our business partners to ensure compliance and more importantly, that the spirit of this program and this agency s philosophy are communicated and transparent to all those who work with SNRHA. A. Background COMPLIANCE REQUIREMENTS SNRHA is committed to helping the residents of its communities move towards self-sufficiency by providing opportunities for training and employment. This section outlines regulatory requirements and minimum standards of compliance this agency has set for recipients of Section 3 covered contracts. A Section 3 covered contract is a contract or subcontract (including a professional service contract) awarded by a recipient or contractor for work generated by the expenditure of Section 3 Covered Assistance, or for work arising in connection with a Section 3 Covered Project. Section 3 Covered Contracts do not include contracts for the purchase of supplies and materials. However, whenever a contract for materials includes the installation of the materials, the contract constitutes a Section 3 Covered Contract. For example, a contract for the purchase and installation of a furnace would be a Section 3 Covered Contract because the contract is for work (i.e., the installation of the furnace) and thus is covered by Section 3. AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 2

48 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) B. Section 3 Covered Assistance and Compliance Threshold Section 3 applies to the following types of Public and Indian Housing assistance: Public Housing Operating subsidies Public Housing Capital Funds for Development and Modernization; Hope VI Revitalization Grants; Neighborhood Stabilization Program (NSP); Resident Opportunities and Self-Sufficiency (ROSS) Grants; Family Self-Sufficiency (FSS) Grants; and Economic Stimulus Funding SNRHA will only incorporate Section 3 requirements for contracts with any source of funding listed above. In situations where multiple funding sources are utilized on a contract, Section 3 regulations in 24 C.F.R require that Section 3 be applied to the entire contract, notwithstanding the amount of covered assistance used. Section 3 regulations in 24 C.F.R also stipulate that no thresholds apply to Section 3 covered public and Indian housing assistance, however, SNRHA will impose a minimum administrative threshold of $25,000. Any Contract or Purchase Order that meets or exceeds the administrative threshold will be monitored by SNRHA and evaluated for Section 3 compliance. C. Numerical Goals The Section 3 regulations provide that contractors and subcontractors demonstrate compliance by employing Section 3 Residents as 30% of the aggregate number of new hires. The Section 3 Regulations, at 24 C.F.R Part 135, require that, in public housing programs, compliance efforts shall be directed to provide training and employment opportunities to Section 3 Residents in the following order of priority: 1. Residents of the development or developments where the covered assistance is expended. 2. Residents of other developments and programs managed by SNRHA. 3. Participants in DOL s Youthbuild Program in Las Vegas. 4. All other low- and very low-income persons within Clark County. In the event that contractors and subcontractors fail to demonstrate compliance with Numerical Goals prior to contract completion, SNRHA will evaluate the value of the lost employment opportunity and require the contractor to meet compliance through a contribution to SNRHA s Section 3 Job Development Fund commensurate with the lost value determination. D. Minimum Compliance Standards If a contractor does not have a need to hire full-time employees, it may provide other opportunities with approval, such as: 1. Internships the vendor may provide youth and/or adult internship or externship opportunities for SNRHA residents. The value of the internship or externship must equal or exceed the threshold requirements established below. AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 3

49 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) 2. Part-Time Employment - vendors may provide part-time work for PHA residents. The hours of part-time work when converted to dollars must equal or exceed the threshold requirements established below. 3. Training vendors may provide paid training opportunities for SNRHA residents (especially on-the-job training). Opportunities should fall under one or more of the following categories: (a) Employment skills Applied training courses that result in certificate, such as forklift operation or truck driving training; (b) Licensing or Certifications Sponsor cost of training and exams fees for resident employee; (c) Business development Entrepreneurship and small business training course fees for resident employee. SNRHA has established the following minimum threshold requirements for use of other job or job training (also known as economic) opportunities: 1. For trade, construction and rehabilitation work the value of the other economic opportunity must equal or exceed 5% of the total contract amount plus any modifications; 2. For other types of contracts, including service contracts, the value of the other economic opportunity must equal or exceed 3% of the total contract amount plus any modifications. **Please note that the values have been assigned at a reduced rate to take into account that many Section 3 covered contracts will have both labor and supplies included in the total amount. In the event that the labor portion of the contract may be less than 50% of the total value of the contract, and the contractor wishes to negotiate the value owed, they must disclose in their bid what the labor portion and then SNRHA will negotiate the value based on the disclosure. Professional Service contracts are 100% labor, and most maintenance related contracts are predominantly labor.** In the event that contractors and subcontractors fail to demonstrate compliance with the minimum threshold requirements when not creating full-time employment opportunities prior to contract completion, SNRHA will require the contractor to meet compliance through a contribution to SNRHA s Section 3 Job Development Fund commensurate with the balance of the value owed. E. Progress Compliance It is the desire of SNRHA to ensure that its contractors and subcontractors can successfully meet their compliance requirements in a timely fashion. The SNRHA requires contractors and vendors to implement progressive efforts to comply with Section 3. A Coordinator will monitor and evaluate contractor compliance with established employment, training and resident hiring goals. Each contractor will be monitored based on their confirmed Initial Response and Intent to Comply established in the mandatory Section 3 Meeting prior to contract execution. Annual professional service and maintenance related contracts will be required to meet the compliance standards set forth in this section no less than annually, as evaluated on their contract anniversary date. All non-construction contractors are required to submit employment data no less than quarterly to the Coordinator. Construction contracts are required to meet progressive compliance at 50% project completion and again at the end date, both of which are established by the initial contract period and/or subsequent change orders. At each point, data relevant to their compliance plan will be evaluated, including but not limited to: total # of AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 4

50 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) new hires, Section 3 hires, wages paid, hours worked and employment issues. If the contractor has failed to comply with their requirements at either point, the Coordinator will initiate non-compliance sanctions outlined in the following section. F. Non-Compliance If a contractor is non-compliant at the end of their annual contract period, penalties will be enforced. Sanctions include: o o o o Cessation of payments. Payments will cease on the covered contract until compliance is achieved. Fine for non-compliance. A fine equivalent to an additional 10% of the final obligation will be levied immediately when the Section 3 Contract file is forwarded to Procurement after a vendor fails to comply after the 4 weeks provided to achieve compliance through the demand and formal notice. Contractor will be notified of the Fine and on-going non-compliance status by Procurement by US Mail to the Contract Contact. This letter will also identify the final deadline to avoid contract termination. Ineligible to receive additional contracts. The contractor will remain ineligible to receive future or additional contracts while non-compliant with any existing contract, or contract pending close out. Contract termination. Continued non-compliance for a total of sixty (60) days may result in contract termination, as determined by Procurement. A contractor s record of compliance with Section 3 will affect future eligibility to receive awards from SNRHA. Contractors will not be able to request final payment or close-out their contract with SNRHA without Section 3 compliance. It is the contractor s responsibility to request final compliance evaluation from the Section 3 Coordinator at contract close-out. Furthermore, those contractors who do achieve contract close-out while noncompliant will be fined per the sanctions outlined below and unable to receive a SNRHA contract award for the period of one (1) year following contract close-out. G. HUD Reporting Contractors will be required to submit Employment Summary Reports at the end of each contract and at the end of each calendar year if their contract overlaps calendar years. Failure to comply with reporting requirements will be included in a contractor s record of compliance, and will affect future eligibility to receive awards from SNRHA. HIRING A. Background SNRHA promotes household self-sufficiency and strongly encourages the direct hiring of qualified Housing Authority residents from the communities impacted by the work awarded and performed by its contractors. Our residents have access to many supportive services to become job ready or enhance job skills in advance of participating or concurrent with the Section 3 Program. SNRHA maintains a list of candidates for the Section 3 program that will be utilized to assist contractors with placement. Contractors are expected to consider all employment opportunities and fill low skill jobs as well as high skills opportunities. Examples of job opportunities SNRHA expects to be created and filled through its contractors include: AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 5

51 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) Administrative/ Management Accounting Payroll Research Bookkeeping Purchasing Data Entry Clerk/Reception Services Appliance repair Carpet installation Janitorial Landscaping Printing Computer/information technology Manufacturing Transportation Security Warehouse Maintenance Construction Architecture Carpentry Cement/masonry Demolition Drywall Electrical Elevator maintenance Heating, Ventilation & AC Painting Plastering Plumbing Tile setting B. Preference The Section 3 Regulations, at 24 C.F.R Part 135, require that, in public housing programs, compliance efforts shall be directed to provide training and employment opportunities to Section 3 Residents in the following order of priority: 1. Residents of the development or developments where the covered assistance is expended. 2. Residents of other developments and programs managed by SNRHA. 3. Participants in DOL s Youthbuild Program in Las Vegas. 4. All other low- and very low-income persons within Clark County. When hiring, contractors are expected to track and provide detailed notes on their progress in filling a position. These notes must at a minimum track attempts to contact the resident, results of the contact and stages of hiring, including but not limited to application, interview, offer and employer due diligence. This tracking is required to be submitted when a contractor is requesting certification of their efforts to hire residents in an attempt to consider non-snrha Section 3 residents from Clark County. A contractor must obtain clearance that sufficient effort has been made in each priority before the Coordinator will approve the contractor to consider candidates in subsequent categories or risk exclusion of those hires towards the Section 3 requirements A complete copy of the SNRHA s Section 3 Plan & Policies is available in our website at (Click Residents Link, Section 3 Program link) SNRHA Section 3 Plan: Approved December 16, 2010, Updated January 19, 2012, Updated November 15, 2012, Updated July 17, 2014, Updated June 18, 2015 AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 6

52 SOUTHERN NEVADA REGIONAL HOUSING AUTHORITY Section 3 Program HUD Economic Opportunity Program 1 August 2015

53 SECTION 3 PROGRAM DESCRIPTION The Section 3 program requires that recipients of certain HUD financial assistance, to the greatest extent feasible, provide job training, employment, and contracting opportunities for low- or very-low income residents in connection with projects and activities in their neighborhoods. offices/fair_housing_equal_opp/section3/section3 2 August 2015

54 PROCUREMENT VS. CONTRACT OBLIGATION The Section 3 Program has TWO (2) Components: Procurement Preference o Section 3 business concern preference o Successful history of compliance with Section 3 requirements Contract Obligation o o Numerical goals for hiring Section 3 Residents Contribution to Job Development Fund 3 August 2015

55 PROCUREMENT Proposal Must Include: Contractor Initial Response Form o Form must be fully completed, signed and turned in with proposal to be considered responsive If the form is not received or received incomplete, your bid will be considered non-responsive and will not be included in the bid reviews 4 August 2015

56 CERTIFICATION OF BUSINESS CONCERNS Complete Certification for Business Concerns Seeking Section 3 Preference in Contracting and Demonstration of Capability form Race and Gender neutral Adequate documentation is required for verification MUST be received by Section 3 Coordinator at least 5 business days prior to submission of bids Approved Section 3 Business Concerns will be issued a certificate Certificate valid for one year from the date of issuance Re-certification for year two and three, if applied for, will be streamlined 5 August 2015

57 BIDDING PREFERENCE RESPONSIVE SECTION 3 BUSINESS CONCERNS Small Purchase Priced Based Solicitations: No more than 10% higher than lowest responsive quote Qualification Based Solicitations and Request for Proposals: Receive between 15% and 25% additional points of total number of points, as set forth in the solicitation Invitation for Bid Solicitation: Price based only if responsive and meet minimum qualifications, as set forth in the solicitation (see next slide) 6 August 2015

58 IFB BIDDING PREFERENCE: SECTION 3 BUSINESS CONCERN Bid amount Lowest responsible bid less than $100,000 x = lesser of Max Threshold for Bumping Lesser of: 10.0% of that bid or $9,000 $100,000, but less than $200, % of that bid or $16,000 $200,000, but less than $300, % of that bid or $21,000 $300,000, but less than $400, % of that bid or $24,000 $400,000, but less than $500, % of that bid or $25,000 $500,000, but less than $1 million 5.0% of that bid or $40,000 $1 million, but less than $2 million 4.0% of that bid or $60,000 $2 million, but less than $4 million 3.0% of that bid or $80,000 $4 million, but less than $7 million 2.0% of that bid or $105,000 $7 million or more 1.5% of the lowest responsive bid, with no dollar limit 7 August 2015

59 SECTION 3 COVERED CONTRACT Section 3 Covered Contract Does not apply to purchases of supplies and materials without labor component added Applies to work generated by the expenditure of: Public Housing Operating subsidies Public Housing Capital Funds for Development and Modernization Hope VI Revitalization Grants Neighborhood Stabilization Grants (NSP) Resident Opportunities and Self-Sufficiency (ROSS) Grants Family Self-Sufficiency (FSS) Grants Economic Stimulus Funding Minimum Administrative Threshold of $25,000 or more 8 August 2015

60 NUMERICAL GOALS 30% of your aggregate new hires MUST be certified as Section 3 hires Minimum threshold requirements: Trade, construction and rehabilitation work the value must be at least 5% of the total contract amount plus any modifications Professional service and other contracts the value must be at least 3% of the total plus any modifications Possible alternatives to hiring: Internship or externships for youth or adult residents Part-time employment Paid training opportunities (on-the-job training) Contribution to the Section 3 Job Development Fund 9 August 2015

61 CONTRACT COMPLIANCE WITH HIRING Our SNRHA residents must get first look! Low income Clark County residents will get second look 1 Person Household: $34,450 2 Person Household: $39,400 3 Person Household: $44,300 4 Person Household: $49,200 Failure to demonstrate complete compliance with the numerical goal of hiring residents will result in the balance (5% or 3%) required to be contributed to the Section 3 Job Development Fund 10 August 2015

62 REPORTING REQUIREMENTS Must submit Employee Summary Report: At end of contract OR At end of calendar year if contract overlaps calendar years o Failure to comply with this required report, a notice will go in contractor s file stating that they are not in compliance with Section 3 and WILL affect future eligibility to receive awards from SNRHA 11 August 2015

63 MONITORING AND ENFORCEMENT Annual professional service and maintenance related contracts must meet the compliance standards no less than annually based on contract anniversary date and when final billing has been submitted/received. All non-construction contractors must submit Section 3 payroll information no less than quarterly All construction contracts must meet Section 3 compliance at 50% project completion & again at 100% project completion before final payment will be released. For all contracts exceeding 90 days For contracts 90 days or less, compliance is required at contract completion 12 August 2015

64 CONSEQUENCES OF NON-COMPLIANCE WITH SECTION 3 REQUIREMENTS Cessation of payments Until compliance is achieved Non-compliance notice issued & future payment withheld Fine assessed additional 10% of final obligation if not resolved in 4 weeks from notice Ineligibility for future awards while in non-compliant status Possible contract termination if continued non-compliant for total of sixty (60) days Record of non-compliance will affect future eligibility Restrict contract close-out and delay final payment Possible debarment unable to receive a SNRHA contract award for the period of one (1) year following contract closeout 13 August 2015

65 Q & A If you have any questions or need additional information regarding Section 3 requirements and compliance obligations please contact: Debi Kenney SNRHA s Section 3 Coordinator dkenney@snvrha.org 14 August 2015

66 ATTACHMENT E SECTION 3 BUSINESS PREFERENCE FORMS INCLUDING PROGRAM EXPLANATION

67 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) CERTIFICATION FOR BUSINESS CONCERNS SEEKING SECTION 3 PREFERENCE IN CONTRACTING AND DEMONSTRATION OF CAPABILITY NAME OF BUSINESS: ADDRESS OF BUSINESS: TYPE OF BUSINESS: Corporation Partnership Sole Proprietorship Joint Venture Attached is the following documentation as evidence of status: FOR BUSINESS CLAIMING STATUS AS A SECTION 3 RESIDENT-OWNED ENTERPRISE Copy of resident lease Other evidence Copy of evidence of participation in a public assistance program For the business entity as applicable: Copy of Articles of Incorporation Assumed Business Name Certificate List of owners/stockholder and % of each Latest Board minutes appointing officers Certificate of Good Standing Partnership Agreement Corporation Annual Report Additional documentation Organization chart with names and titles and brief functional statement FOR BUSINESS CLAIMING SECTION 3 STATUS BY SUBCONTRACTING 25% OF THE DOLLAR AWARDED TO QUALIFIED SECTION 3 BUSINESS (ES) List of subcontracted Section 3 business and subcontract amount Copy of certification from City of Las Vegas or Clark County FOR BUSINESS CLAIMING SECTION 3 STATUS BY CLAIMING AT LEAST 30% OF THEIR WORKFORCE ARE CURRENTLY SECTION 3 RESIDENTS OR WERE SECTION 3 ELIGIBLE RESIDENTS WITHIN 3 YEARS OF DATE OF FIRST EMPLOYMENT WITH THE BUSINESS List of all current full time employees PHA Residential lease (less than 3 years from date of employment) List of all employees claiming Section 3 status Other evidence of Section 3 status (less than3 years from date of employment) EVIDENCE OF ABILITY TO PERFORM SUCCESSFULLY UNDER THE TERMS AND CONDITIONS OF THE PROPOSED CONTRACT Current financial statement Statement of ability to comply List of owned equipment List of all contracts for the past 2 years with public policy Authorizing Name and Signature Title AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 1

68 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services Mixed Finance (AHP) SOUTHERN NEVADA REGIONAL HOUSING AUTHORITY PREFERENCE FOR SECTION 3 BUSINESS CONCERNS IN CONTRACTING OPPORTUNITIES The Southern Nevada Regional Housing Authority has established the following priority for preference when providing contracting opportunities to Section 3 Businesses: Priority 1 Business concerns that are 51% or more owned by residents of the housing development or developments for which the Section 3 covered assistance is expended, or whose full-time, permanent workforce includes 30% of these persons as employees (category 1 businesses) Priority 2 Business concerns that are 51% or more owned by residents of other housing developments or developments managed by the HA that is expending the Section 3 covered assistance, or whose full-time, permanent workforce includes 30% of these persons as employees (category 2 businesses) Priority 3 Business concerns that are 51% or more owned by Section 3 residents in the metropolitan area, or whose permanent, full-time workforce includes no less than 30% Section 3 residents in the metropolitan area (category 3 businesses), or that subcontract in excess of 25% of the total amount of subcontracts to business concerns identified in priority 1 and/or 2 of this section. A complete copy of the SNRHA s Section 3 Plan & Policies is available in our website at (Click Residents Link, Section 3 Program link) SNRHA Section 3 Plan: Approved December 16, 2010, Updated January 19, 2012, Updated November 15, 2012, Updated July 17, 2014, Updated June 18, 2015 AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS, NEVADA Page 2

69 33890 Federal Register / Vol. 59. No. 125 / Thrusday, June 30, 1994 / Rules and Regulations of solicitation provides for participation by a (ii) Award. (A) Where the section 3 covered section 3 business concerns. The purchase reasonable number of competitive sources. At contract is to be awarded based upon the order shall be awarded to the responsible the time of solicitation, the parties must be lowest price, the contract shall be awarded to firm whose quotations is the most informed of: the qualified section 3 business concern with advantageous, considering price and all other - the section 3 covered contract to be the lowest responsive quotation, if it is factors specified in the rating system. awarded with sufficient specificity; reasonable and no more than 10 percent. (2) Procurement by sealed bids (Invitations - the time within which quotations must be higher than the quotation of the lowest for Bid). Preference in the award of section submitted; and responsive quotation from any qualified 3 covered contracts that are awarded under - the information that must be submitted source. If no responsive quotation by a a sealed bid (IFB) process may be provided with each quotation. qualified section 3 business concern is as follows: (B) If the method described in paragraph within 10 percent of the lowest responsive (i) Bids shall be solicited from all (i)(a) is utilized, there must be an attempt to quotation from any qualified source, the businesses (section 3 business concerns, and obtain quotations from a minimum of three award shall be made to the source with the non-section 3 business concerns). An award qualified sources in order to promote lowest quotation. shall be made to the qualified section 3 competition. Fewer than three quotations are (B) Where the section 3 covered contract is business concern with the highest priority acceptable when the contracting party has to be awarded based on factors other than ranking and with the lowest responsive bid attempted, but has been unable, to obtain a price, a request for quotation shall be issued if that bidsufficient number of competitive quotations. by developing the particulars of the (A) is within the maximum total contract In unusual circumstances, the contracting solicitation, including a rating system for the price established in the contracting party's party may accept the sole quotation received assignment of points to evaluate the merits of budget for the specific project for which bids in response to a solicitation that provided the each quotation. The solicitation shall identify are being taken, and prices is reasonable. In all cases, the all factors to be considered, including price (B) is not more than "X" higher than the contracting party shall document the or cost. The rating system shall provide for total bid price of the lowest responsive bid circumstances when it has been unable to a range of 15 to 25 percent of the total from any responsible bidder. "X" is obtain at least three quotations. number of available rating points to be set determined as follows: aside for the provisions of preference for x=leaser of: When the lowest responsive bid is less than $100,000 10% of the bid or $9,000 When the lowest responsive bid is: At least $100,000, but less than $200,000 9% of that bid, or $16,000 At least $200,000, but less than $300,000 8% of that bid, or $21,000 At least $300,000, but less than $400,000 7% of that bid, or $24,000 At least $400,000, but less than $500,000 6% of that bid, or $25,000 At least $500,000, but less than $1 million 5% of that bid, or $40,000 At least $1 million, but less than $2 million 4% of that bid, or $60,000 At least $2 million, but less than $4 million 3% of that bid, or $80,000 At least $4 million, but less than $7 million 2% of that bid, or $105,000 $7 million or more 1½ % of the lowest responsive bid, with no dollar limit (ii) if no responsive bid by section 3 section 3 business concerns must establish a Office of the Secretary business concern meets the requirements of preference for these business concerns in the 24 CFR Subtitle A and Parts 92, 219, paragraph (2)(i) of this section, the contract order of priority ranking as described in , 570, 572, 574, 576, 583, 882, 889, shall be awarded to a responsible bidder with CFR , 905, 961 and 963. the lowest responsive bid. (iv) With respect to the second component [Docket No. R ; FR-3536 F-01] (3) Procurement under the competitive (the acceptability of the section 3 strategy). RIN 2501-AB64 proposals method of procurement (Request the RFP shall require the disclosure of the Economic Opportunities for Low- and for Proposals (RFP)). (i) For contracts and contractor's section 3 strategy to comply with Very Low-Income Personssubcontracts awarded under the competitive the section 3 training and employment Conforming Amendments proposals method of procurement (24 CFR preference, or contracting preference, or both, AGENCY: Office of the Secretary, HUD (d)(3)), a Request for Proposals (RFP) if applicable. A determination of the ACTION: Final Rule shall identify all evaluation factors (and their contractor's responsibility will include the relative importance) to be used to rate submission of an acceptable section 3 SUMMARY: Section 3 of the Housing and proposals. strategy. The contract award shall be made to Urban Development Act of 1968 (section (ii) One of the evaluation factors shall the responsible firm (either section 3 or non- 3), as amended by the Housing and address both the preference for section 3 section 3 business concern) whose proposal Community Development Act of 1992, business concern and the acceptability of is determined most advantageous, requires de economic opportunities the strategy for meeting the greatest extent considering price and all other factors generated by HUD financial assistance feasible requirement (section 3 strategy), as specified in the RFP. for housing (including public and disclosed in proposals submitted by all Dated: June 27, Indian housing) and community business concerns (section 3 and non-section Roberta Actenberg, development programs shall, to the 3 business concerns). This factor shall Assistant Secretary for Fair Housing and greatest extend feasible, be given to lowprovide for a range of 15 to 25 percent of the Equal Opprotunity and very low-income persons, total number of available points to be set [FR Doc Filed ; 8:45am] particulary those who are recipients of aside for the evalaution of these two BILLING CODE P government assistance for housing, and components. to busisnesses that provide economic (iii) The component of this evaluation opportunities for those persons. factor designed to address the preference for

70 ATTACHMENT F AHP SAMPLE CONTRACT FORM

71 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services (AHP) SAMPLE CONTRACT NO. C16 (CONTRACTOR S NAME) (IDENTIFY SERVICES) CONTRACT BETWEEN AFFORDABLE HOUSING PROGRAM, INC. OF LAS VEGAS, NEVADA AND [ENTER COMPANY NAME] INTRODUCTION This contract by and between the Affordable Housing Program, Inc. of Las Vegas, Nevada (hereinafter the AHP ) and [ENTER COMPANY NAME] (hereinafter the Contractor ) is hereby entered into this day of Services pursuant to this contract shall begin on the day of, and end on day of, (for a period of performance of 365 days), and shall not be modified, revised, amended or extended by any means for the current one-year term of this Contract. Any requested modifications to this Contract by the Board of Commissioners will require resubmission of the Contract to HUD for approval. However, the AHP reserves the option of four one-year renewals with this contractor. Unless otherwise detailed herein, all references to days shall be calendar days. Also, whenever the term "herein" is referred to, such refers to this contract form and all listed or attached appendices. 1.0 Definitions: 1.1 Housing Authority: Any reference herein or within any Appendix to the Housing Authority shall be interpreted to mean the same as the Southern Nevada Regional Housing Authority (SNRHA) who conducted RFP P16505 under agreement with and at the behest of AHP. 1.2 Purchasing Manager (PM): The AHP Purchasing Manager. 1.3 Request For Proposals (RFP): A competitive solicitation process conducted by the AHP wherein award was offered to the top-rated responsive and responsible bidder. 1.4 Owner/Partner: Typically, the owner or primary partner within the firm who may also be performing the work. 2.0 Services and Payment: 2.1 Scope of Services: The services provided pursuant to this contract generally consist of [ENTER SERVICES DESCRIPTION] for the AHP as described herein and within the Appendices. Said services shall be provided on the dates and times determined by the AHP at the designated AHP communities and/or facilities. In addition, the AHP shall retain the right to implement and/or enforce any item issued as part of RFP No. P16505, Legal Services. 2.2 Cost/Value of Services: The total Not-To-Exceed Value of this Contract for FY, is: $ Labor Costs: The cost of the services provided pursuant to this contract shall be assessed by the Contractor in accordance with the following rates for the indicated FY periods, which were submitted by the Contractor as part of the submittal in response to the AHP RFP No. P Please note: The AHP does not guarantee a minimum or maximum amount of work and all quantities are for calculating purposes only. 1

72 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services (AHP) SAMPLE CONTRACT NO. C16 (CONTRACTOR S NAME) (IDENTIFY SERVICES) 2.3 Billing Method: The Contractor exceeds the above-stated Not-to-Exceed amounts at its own risk To receive payment for services rendered pursuant to this contract the Contractor shall submit a fully completed invoice for work previously performed to: Southern Nevada Regional Housing Authority Attn: Accounts Payable Post Office Box 1897 Las Vegas, NV At a minimum, the invoice shall detail the following information: Unique invoice number; Contractor s name, address and telephone number; Date of invoice and/or billing period; Applicable AHP Contract No. C Applicable AHP Purchase Order No Verifiable and certified brief description of services rendered, including applicable timeframe, total hours being billed at the approved rate (may be submitted in the form of a report); Total amount being billed The AHP will pay each such properly completed invoice received on a Net/30 basis. Any invoice received not properly completed will not be paid unless and/or until the Contractor complies with the applicable provisions of this contract. 3.0 AHP s Obligations: Pursuant to this contract, the AHP agrees to provide the specific services detailed herein and also agree to pay each properly completed invoice within 30 days of receipt. 4.0 Contractor s Obligations: Pursuant to this contract, the Contractor agrees to provide the specific services detailed herein and shall be responsible for the following: 4.1 Supervision and Oversight: The Contractor shall be solely responsible for providing supervision and oversight to all of the Contractor s personnel that are assigned to the AHP work pursuant to this contract; 4.2 Qualified Personnel: The Contractor warrants and represents that it will assign only qualified personnel to perform the services. For the purposes of this contract, the term qualified personnel shall mean those personnel that are experienced and/or trained in the manner described within this contract and, as proposed by the Contractor within its proposal or as provided by the Contractor during the Contractor s normal conduct of business; 2

73 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services (AHP) SAMPLE CONTRACT NO. C16 (CONTRACTOR S NAME) (IDENTIFY SERVICES) 4.3 Compliance with Federal and State Laws: All work performed by the Contractor, pursuant to this contract, shall be done in accordance with applicable all Federal, State and local laws, regulations, codes and ordinances; and 4.4 Insurance Requirements: The complete indemnity requirements are detailed within Section herein In this regard, the Contractor shall maintain the following insurance coverage during the effective term(s) of this contract: Policy of General Liability insurance, with a minimum coverage of $1,000,000 per occurrence and a minimum of $2,000,000 aggregate, with a deductible of not greater than $1,000. The AHP shall be named upon the certificate issued as an "additional insured," together with providing a copy of the corresponding endorsement evidencing the same Policy of Professional Liability insurance coverage or Errors and Omissions coverage with a minimum of $1,000,000 per occurrence and a minimum of $2,000,000 aggregate, with a deductible of not greater than $1,000; Evidence of Automobile Liability insurance, with a minimum coverage of $50,000 per occurrence, $100,000 aggregate and medical coverage of at least $5,000; and Appropriate worker s compensation coverage The Contractor shall provide to the AHP with current certificate(s)/endorsement(s) evidencing the insurance coverage referenced above. Failure to maintain the above-referenced insurance coverage, including naming the AHP as an additional insured (where appropriate) during the term(s) of this contract shall constitute a material breach thereof Insurance certificate(s)/endorsement(s) shall be delivered to: Linda Price Contracts & Purchasing Southern Nevada Regional Housing Authority Post Office Box 1897 Las Vegas, NV Licensing: The Contractor shall also provide to the AHP copies of any required current City, State and/or Federal licenses. Failure to maintain these licenses in a current status during the term(s) of this contract shall constitute a material breach thereof. 4.6 Financial Viability and Regulatory Compliance: The Contractor warrants and represents that its corporate entity is in good standing with all applicable federal, state and local licensing authorities and that it possesses all requisite licenses to perform the services required by this 3

74 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services (AHP) SAMPLE CONTRACT NO. C16 (CONTRACTOR S NAME) (IDENTIFY SERVICES) contract. The Contractor further warrants and represents that it owes no outstanding federal, state or local taxes or business assessments The Contractor agrees to promptly disclose to the AHP any IRS liens or insurance or licensure suspension or revocation that may adversely affect its capacity to perform the services outlined within this contract. The failure by the Contractor to disclose such issue to the AHP in writing within 5 days of such notification received will constitute a material breach of this contract The Contractor further agrees to promptly disclose to the AHP any change of its ownership and/or any declaration of bankruptcy that the Contractor may undergo during the term(s) of this contract. The failure of the Contractor to disclose any change of its ownership and/or its declaration of bankruptcy within 5 days of said actions shall constitute a material breach of this contract. 5.0 Assignment of Contract: This Contract shall not be assigned or transferred by the Contractor without the written consent of AHP. 6.0 Modification: This contract shall not be modified, revised, amended or extended by any means for the stated one-year term of this Contract. Any requested modifications to this Contract by the Board of Commissioners will require resubmission of the Contract to HUD for approval. 7.0 Severability: The invalidity of any provision of this contract, as determined by a court of competent jurisdiction and/or HUD, shall in no way affect the validity of any other provision herein. 8.0 Applicable Laws and AHP Policies: 8.1 Compliance with Federal and State Laws: All work performed by the Contractor, pursuant to this contract, shall be done in accordance with all applicable Federal, State and local laws, regulations, codes and ordinances. 8.2 Mandatory Section 3 Requirements: The AHP has adopted a scale (See Appendix 3) for hiring that is used on all construction, service and professional contracts that contain a labor component as referenced HUD Act of 1968, as amended, 12 U. S. C. 170 u. All Section 3 covered contracts shall include the following clause (referred as to the Section 3 Clause): 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 HUD assistance or HUD-assisted 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 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 contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 4

75 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services (AHP) SAMPLE CONTRACT NO. C16 (CONTRACTOR S NAME) (IDENTIFY SERVICES) The contractor agrees to send to each labor organization or representative or 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 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 The contractor 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 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 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 of contracts 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 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). 8.3 Jurisdiction of Law: The laws of the State of Nevada shall govern the validity, construction and effect of this contract, unless said laws are superceded by, or in conflict with applicable federal laws and/or federal regulations. This contract will be binding upon the parties, their heirs, beneficiaries, and devisees of the parties hereto. The parties agree that Clark County, Nevada is the appropriate forum for any action relating to this contract. Should any party hereto retain counsel for the purpose of initiating litigation or arbitration to enforce, prevent the breach of any provision hereof, or for any other judicial remedy, then the prevailing party shall be entitled to be reimbursed by the losing party for costs and expenses incurred thereby, including, but not limited to, reasonable attorney s fees and costs incurred by such prevailing party. 5

76 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services (AHP) SAMPLE CONTRACT NO. C16 (CONTRACTOR S NAME) (IDENTIFY SERVICES) 9.0 Notices, Invoices and Reports: 9.1 All notices, and/or reports submitted to the AHP by the Contractor pursuant to this contract shall be in writing and delivered to the attention of: Amparo Gamazo Development/Modernization Director Southern Nevada Regional Housing Authority 340 North 11 th Street Las Vegas, NV (702) or, if appropriate, faxed to: (702) All invoices submitted to the AHP by the Contractor pursuant to this contract shall be in writing and must be mailed to the attention of: Southern Nevada Regional Housing Authority Finance Department P.O. Box 1897 Las Vegas, NV or, if send via at: snvrha_invoices@snvrha.org 9.3 All notices submitted to the Contractor pursuant to this contract shall be in writing and mailed to the attention of: 10.0 Disputes: [ENTER COMPANY CONTACT INFORMATION] [NAME/ADDDRESS/PHONE NUMBER] if appropriate, shall be faxed to: [ENTER FAX NUMBER] or ed to [ENTER ADDRESS] Disputes: In the case of any contractual dispute that cannot be settled through discussions and/or negotiations between the AHP and the Contractor shall be settled as pursuant to the General Conditions for Non-Construction Contracts, Section 7 (a) (e), Attachment A of RFP No. P Procurement: Pursuant to 24 CFR 85.36i the AHP and the Contractor each agree to comply with the following provisions: 11.1 Remedies for Contractor Breach: Pertaining to contract-related issues, it is the responsibility of both the AHP and the Contractor to communicate with each other clearly and thoroughly. Dissatisfaction by either party must be communicated in writing, fully detailing the issue and requested corrective action Procedures regarding Contractor performance issues: If the Contractor is in material breach of the contract, the AHP may promptly invoke the termination clause, pursuant to the General Conditions for Non-Construction Contracts, Section 3 (a)-(e), Attachment A of RFP No. P Prior to termination, the AHP may choose to warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such 6

77 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services (AHP) SAMPLE CONTRACT NO. C16 (CONTRACTOR S NAME) (IDENTIFY SERVICES) warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The AHP shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the AHP s position on the issue. The written protest must detail all pertinent information pertaining to the dispute After termination, if the Contractor does not agree with the AHP s justification for the termination, the Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the AHP s position on the issue. The written protest must detail all pertinent information pertaining to the dispute The response to any protest or dispute pertaining to this contract shall be conducted in accordance with Section 10.0 herein All rights and remedies granted to AHP herein and any other rights and remedies which AHP may have at law and in equity are hereby declared to be cumulative and not exclusive. The fact that AHP may have exercised any remedy without terminating this contract shall not impair AHP s rights thereafter to terminate or to exercise any other remedy herein granted, or to which AHP may be otherwise entitled Termination For Convenience and Default: As detailed within Clause No. 3 of HUD Form 5370-C (10/2006), General Conditions for Non-Construction Contracts, Section 1 With or Without Maintenance Work), (See RFP Document P16505, Attachment A) Reporting: Both parties hereby agree to comply with any reporting requirements that may be detailed herein Clean Air Act: For all contracts in excess of $100,000, both parties hereby agree to comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) Debarment and Suspension. Contractor agrees, by submitting this bid, to include this clause without modification in all lower tier transactions, solicitations, bids, contracts and subcontracts By execution of this Contract with the AHP, the Contractor hereby certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. This certification is made pursuant to the regulations implementing Executive Order 12549, Debarment and Suspension, 28 C.F.R. pt , as published as pt. VII of the May 26, 1988, Federal Register (pp ), and any relevant program-specific regulations Contractor acknowledges and agrees that, pursuant to Federal Acquisition Regulation ( FAR ) , the AHP has discretion to suspend and/or debar contractor from conducting future business with the AHP for contractor s commission of the offenses 7

78 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services (AHP) SAMPLE CONTRACT NO. C16 (CONTRACTOR S NAME) (IDENTIFY SERVICES) outlined in FAR , including, but not limited to, violation of any applicable Federal law, commission of fraud, embezzlement and/or theft, receipt of stolen property, use of inappropriate construction materials, repeated contract violations and recurrent re-inspections. The AHP s right to suspend and/or debar contractor is in addition to the AHP s right to assess the monetary penalties outlined in Section Contactor acknowledges and agrees that the AHP may assess a monetary penalty for a third, and any subsequent, inspection caused by Contractor s negligence or willful disregard in failing to complete Contractor s scope of work by the initial, or secondary, inspection date assigned by the AHP or any other local or state governing body. The penalty for a third, and any subsequent, inspection shall be a $200 re-inspection appointment fee plus a $75 per hour services fee plus any overtime fees, if applicable. The monetary penalty shall be paid by Contractor to the AHP, or deducted by the AHP from the contractor s owed balance under the contract Additional Considerations: 13.1 Right of Joinder Pursuant to NRS : Any political subdivision within the State of Nevada may be granted the privilege of joining the awarded contract, at the option of the Contractor. If the Contractor so grants such a privilege, the terms and conditions of the RFP documents, including the ensuing contract, may be passed on to the joining political subdivision by the Contractor The Contractor shall retain the unilateral right to allow or disallow any political subdivision the privilege of joining the awarded contract. In the event the Contractor allows another political subdivision to join the AHP contract, it is expressly understood that the AHP shall in no way be liable for the joining political subdivision obligations to the Contractor in any manner whatsoever Non-Escalation: The unit prices reflected within the preceding Section 2.2 (Cost/Value of Services) of this contract shall remain firm with no provisions for price increases during the one-year term of this Contract Permits: Unless otherwise stated in the contract documents, all local, State or Federal permits, which may be required to provide the services ensuing from award of this contract, whether or not they are known to either the AHP or the Contractor at the time of the contract execution, shall be the sole responsibility of the Contractor Taxes: All persons doing business with the AHP are hereby made aware that the AHP is exempt from paying Nevada State Sales and Use Taxes and Federal Excise Taxes. A letter of Tax Exemption will be provided upon request Government Standards: It is the responsibility of the offeror to ensure that all items and services offered conform to all local, State and Federal law concerning safety (OSHA and NOSHA) and environmental control (EPA and Clark County Pollution Regulations) and any other enacted ordinance, code, law or regulation. The Contractor shall be responsible for all costs incurred for compliance with any such possible ordinance, code, law or regulation. No time extensions shall be granted or financial consideration given to the Contractor for time or monies lost due to violations of any such ordinance, code, law or regulations that may occur. 8

79 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services (AHP) SAMPLE CONTRACT NO. C16 (CONTRACTOR S NAME) (IDENTIFY SERVICES) 13.6 Communication: If during the period of the contract, it is necessary that the AHP place toll or long distance telephone calls or telegrams in connection therewith (for complaints, adjustments, shortages, failure to deliver, etc.), it is understood that the Contractor may, at the discretion of the AHP, bear the charge or expense for all such calls and/or telegrams Work on AHP Property: If the Contractor s work under the contract involves operations by the Contractor on AHP premises, the Contractor shall take all necessary precautions to prevent the occurrence of any injury to persons or property during the progress of such work and, except to the extent that any such injury is caused solely and directly by the AHP s negligence, shall indemnify the AHP, and their officers, agents, servants and employees against all loss which may result in any way from any act or omission of the Contractor, its agents, employees, or subcontractors Official, Agent and Employees of the AHP Not Personally Liable: It is agreed by and between the parties hereto that in no event shall any official, officer, employee, or agent of the AHP in any way be personally liable or responsible for any covenant or agreement herein contained whether expressed or implied, nor for any statement, representation or warranty made herein or in any connection with this agreement Subcontractors: Unless otherwise stated within the RFP documents, the Contractor may not use any subcontractors to accomplish any portion of the services required by this contract without the prior written permission of the AHP PM Salaries and Expenses Relating to the Contractors Employees: The Contractor shall pay all salaries and expenses of, and all Federal, Social Security taxes, Federal and State Unemployment taxes, and any similar taxes relating to its employees used in the performance of the contract. The Contractor further agrees to comply with all Federal, State and local wage and hour laws and all licensing laws applicable to its employees or other personnel furnished under this agreement Severability: If any provision of this agreement or any portion or provision hereof applicable to any particular situation or circumstance is held valid, the remainder of this agreement or the remainder of such provision (as the case may be), and the application thereof to other situations or circumstances shall not be affected thereby Waiver of Breach: A waiver of either party of any terms or condition of this agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. All remedies, rights, undertakings, obligations, and agreements contained in this agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, obligation or agreement of either party Time of the Essence: Time is of the essence under this agreement as to each provision in which time of performance is a factor Limitation of Liability: In no event shall the AHP be liable to the Contractor for any indirect, incidental, consequential or exemplary damages Indemnity: The Contractor shall protect, indemnify and hold the AHP, its officers, employees, and agents harmless from and against any and all claims, damages, losses, suits, actions, decrees, judgments, attorney s fees, court costs and other expenses of any kind or character which the AHP, its officers, employees, agents, consulting engineers or other retained consultants may suffer, or which may be 9

80 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services (AHP) SAMPLE CONTRACT NO. C16 (CONTRACTOR S NAME) (IDENTIFY SERVICES) sought against, recovered from or obtainable against the AHP, its officers, employees, and agents, such as: as a result of, or by reason of, or arising out of, or on account of, or in consequence of any act or failure to act on the part of the Contractor, in accord with applicable professional standards in the fulfillment or performance of the terms, conditions or covenants that are contained in this contract or agreement, regardless of whether or not the occurrence which gave rise to such claim, damage, loss, suit, action, judgment or expense was caused, in part, by any party indemnified hereunder; or as a result of, or by reason of, or arising out of, or on account of, or in consequence of, any neglect in safeguarding the work; or through the use of unacceptable materials or products, or both, which may be defective or manufactured, designed or installed so as to give rise to a claim; or because of any claim or amount recovered under the Nevada Industrial Insurance Act, or any other law, ordinance, or decree, which claim or recovery arose out of or is attributable to any act or failure to act on the part of the Contractor in the fulfillment or performance of the terms, conditions and covenants that are contained in this contract. Any money due by the Contractor under and by virtue of this contract which is considered necessary by the AHP for such purpose, may be retained by the AHP for its protection; or in case no money is due, its surety may be held until all such claims, damages, losses, suits, actions, decrees, judgments, attorney s fees and court costs and other expenses of any kind or character as aforesaid shall have been settled and suitable evidence to that effect furnished to the AHP provided, however, that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that it is adequately protected by public liability and property damage insurance, if required; the Contractor shall provide that any contractual arrangement with a subcontractor shall be in conformance with the terms of this Contract including the indemnity provisions of this Section It is expressly agreed that the Contractor shall, at its own expense, defend the AHP, its officers, employees, and agents, against any and all claims, suits or actions which may be brought against them, or any of them, as a result of, or by reason of, or arising out of, or on account of, or in consequence of any act or failure to act the consequences of which the Contractor has indemnified the AHP, its officers, employees, and agents against, and if the Contractor shall fail to do so, the AHP shall have the right, but not the obligation, to defend the same and to charge all direct and incidental costs of such defense to the Contractor including attorney s fees and court costs; provided, however, that if the forum in which such claim suit or action is heard determines that the occurrence that gave rise to the same was caused, in whole or in part, by any party who is indemnified hereunder, the AHP shall reimburse the Contractor for all, or the indemnified party s proportionate share, as the case may be, of the costs of such defense The Contractor guarantees the payment of all just claims for materials, supplies and labor, and all other just claims against it or any subcontractor, in connection with the contract. 10

81 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services (AHP) SAMPLE CONTRACT NO. C16 (CONTRACTOR S NAME) (IDENTIFY SERVICES) Lobbying Certification: By execution of this contract with the AHP the Contractor thereby certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal loan, the entering into of any cooperative agreement, or modification of any Federal contract, grant, loan, or cooperative agreement If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in an accordance with its instructions The Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly Appendices: 14.1 The following noted documents are placed under each of the noted appendices and are a part of this contract: Appendix 1: form HUD-5370-C (10/06), General Contract Conditions, Non- Construction Contracts Section 1 (With or Without Maintenance Work); Appendix 2: AHP s Scope of Services, as issued by the AHP during the solicitation process of RFP No. P16505; Appendix 3: AHP s Mandatory Section 3 Requirements for Employment Opportunities for Small Businesses and Low-Income Persons, completed by Contractor; and Appendix 4: Contractor s Scope of Services and Rates as submitted during the solicitation process of RFP No. P Please note that, in the case of any discrepancy between this contract and any of the above noted documents, the requirement(s) listed within the body of this contract shall first take precedence, then the requirement(s) listed within each appendix shall take precedence in the order they are listed above (i.e. the requirement(s) listed the lower listed item may not overrule any requirement(s) within a higher listed item) Any document referenced herein that has not been attached is hereby incorporated herein by reference, and a copy of each such document is available from the AHP upon written request for such. 11

82 REQUEST FOR PROPOSALS (RFP) NO. P16505, Legal Services (AHP) SAMPLE CONTRACT NO. C16 (CONTRACTOR S NAME) (IDENTIFY SERVICES) 15.0 CERTIFICATIONS: The undersigned representatives of each party acknowledge by signature below that they have reviewed the foregoing and understand their respective obligations as defined herein. This contract may be signed in counterparts. [ENTER COMPANY NAME]: By: Date: NAME TITLE AFFORDABLE HOUSING PROGRAM, INC., OF LAS VEGAS: By: Date: NAME AHP BOARD PRESIDENT 12

83 ATTACHMENT F-1 FORM HUD-5370-C (01/2017), GENERAL CONTRACT CONDITIONS, NON-CONSTRUCTION SECTION I & II

84 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

85 (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

86 General Conditions for Non-Construction Contracts Section I (With or without Maintenance Work) U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Labor Relations OMB Approval No (exp. 1/31/2017) Public Reporting Burden for this collection of information is estimated to average 0.08 hours 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. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C ; and to the Office of Management and Budget, Paperwork Reduction Project ( ), Washington, D.C Do not send this completed form to either of these addressees. Applicability. This form HUD-5370-C has 2 Sections. These Sections must be inserted into non-construction contracts as described below: 1) Non-construction contracts (without maintenance) greater than $100,000 - use Section I; 2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR ) greater than $2,000 but not more than $100,000 - use Section II; and 3) Maintenance contracts (including nonroutine maintenance), greater than $100,000 use Sections I and II. Section I - Clauses for All Non-Construction Contracts greater than $100, Definitions The following definitions are applicable to this contract: (a) "Authority or Housing Authority (HA)" means the Housing Authority. (b) "Contract" means the contract entered into between the Authority and the Contractor. It includes the contract form, the Certifications and Representations, these contract clauses, and the scope of work. It includes all formal changes to any of those documents by addendum, Change Order, or other modification. (c) "Contractor" means the person or other entity entering into the contract with the Authority to perform all of the work required under the contract. (d) "Day" means calendar days, unless otherwise stated. (e) "HUD" means the Secretary of Housing and Urban development, his delegates, successors, and assigns, and the officers and employees of the United States Department of Housing and Urban Development acting for and on behalf of the Secretary. 2. Changes (a) The HA may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in the services to be performed or supplies to be delivered. (b) If any such change causes an increase or decrease in the hourly rate, the not-to-exceed amount of the contract, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not-to-exceed amount, the hourly rate, the delivery schedule, or other affected terms, and shall modify the contract accordingly. (c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the date of receipt of the written order. However, if the HA decides that the facts justify it, the HA may receive and act upon a proposal submitted before final payment of the contract. (d) Failure to agree to any adjustment shall be a dispute under clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (e) No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written consent of the HA. 3. Termination for Convenience and Default (a) The HA may terminate this contract in whole, or from time to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default). The HA 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: (i) immediately discontinue all services affected (unless the notice directs otherwise); and (ii) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing this contract, whether completed or in process. (b) If the termination is for the convenience of the HA, the HA 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 (default), the HA may (i) require the Contractor to deliver to it, in the manner and to the extent directed by the HA, any work as described in subparagraph (a)(ii) above, and compensation be determined in accordance with the Changes clause, paragraph 2, above; (ii) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; (iii) withhold any payments to the Contractor, for the purpose of off-set or partial payment, as the case may be, of amounts owed to the HA by the Contractor. (d) If, after termination for failure to fulfill contract obligations (default), it is determined that the Contractor had not failed, the termination shall be deemed to have been effected for the convenience of the HA, and the Contractor shall been titled to payment as described in paragraph (b) above. (e) Any disputes with regard to this clause are expressly made subject to the terms of clause titled Disputes herein. 4. Examination and Retention of Contractor's Records (a) The HA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until 3 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. Section I - Page 1 of 6 form HUD-5370-C (01/2014)

87 (b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. (c) The periods of access and examination in paragraphs (a) and (b) above for records relating to: (i) appeals under the clause titled Disputes; (ii) litigation or settlement of claims arising from the performance of this contract; or, (iii) costs and expenses of this contract to which the HA, HUD, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions. 5. Rights in Data (Ownership and Proprietary Interest) The HA 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 this Contract. 6. 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. 7. Disputes (a) All disputes arising under or relating to this contract, except for disputes arising under clauses contained in Section III, Labor Standards Provisions, including any claims for damages for the alleged breach there of which are not disposed of by agreement, shall be resolved under this clause. (b) All claims by the Contractor shall be made in writing and submitted to the HA. A claim by the HA against the Contractor shall be subject to a written decision by the HA. (c) The HA shall, with reasonable promptness, but in no event in no more than 60 days, render a decision concerning any claim hereunder. Unless the Contractor, within 30 days after receipt of the HA's decision, shall notify the HA in writing that it takes exception to such decision, the decision shall be final and conclusive. (d) Provided the Contractor has (i) given the notice within the time stated in paragraph (c) above, and (ii) excepted its claim relating to such decision from the final release, and (iii) brought suit against the HA not later than one year after receipt of final payment, or if final payment has not been made, not later than one year after the Contractor has had a reasonable time to respond to a written request by the HA that it submit a final voucher and release, whichever is earlier, then the HA's decision shall not be final or conclusive, but the dispute shall be determined on the merits by a court of competent jurisdiction. (e) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the HA. 8. Contract Termination; Debarment A breach of these Contract clauses may be grounds for termination of the Contract and for debarment or denial of participation in HUD programs as a Contractor and a subcontractor as provided in 24 CFR Part Assignment of Contract The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the HA under the contract may be assigned to a bank, trust company, or other financial institution. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership approved by the HA. 10. Certificate and Release Prior to final payment under this contract, or prior to settlement upon termination of this contract, and as a condition precedent thereto, the Contractor shall execute and deliver to the HA a certificate and release, in a form acceptable to the HA, of all claims against the HA by the Contractor under and by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Contractor in stated amounts set forth therein. 11. Organizational Conflicts of Interest (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 this contract and a contractor's organizational, financial, contractual or other interests are such that: (i) Award of the contract may result in an unfair competitive advantage; or (ii) The Contractor's objectivity in performing the contract work may be impaired. (b) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract or any task/delivery order under the contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The HA may, however, terminate the contract or task/delivery order for the convenience of the HA if it would be in the best interest of the 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 Contracting Officer, the HA may terminate the contract for default. (d) The terms of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime Contractor. The Contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest. 12. Inspection and Acceptance (a) The HA has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within 30 days so as to not impede the work of the Contractor. Any Section I - Page 2 of 6 form HUD-5370-C (01/2014)

88 product of work shall be deemed accepted as submitted if the HA does not issue written comments and/or required corrections within 30 days from the date of receipt of such product from the Contractor. (b) The Contractor shall make any required corrections promptly at no additional charge and return a revised copy of the product to the HA within 7 days of notification or a later date if extended by the HA. (c) Failure by the Contractor to proceed with reasonable promptness to make necessary corrections shall be a default. If the Contractor's submission of corrected work remains unacceptable, the HA may terminate this contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. "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: (i) An individual who is appointed to a position in the Government under title 5, U.S.C., including a position under a temporary appointment; (ii) A member of the uniformed services as defined in section 202, title 18, U.S.C.; (iii) A special Government employee as defined in section 13. Interest of Members of Congress 202, title 18, U.S.C.; and, No member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit to arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 14. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees No member, officer, or employee of the HA, no member of the governing body of the locality in which the project is situated, no member of the governing body in which the HA was activated, and no other pubic official of such locality or localities who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof. 15. Limitation on Payments to Influence Certain Federal Transactions (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: (i) The awarding of any Federal contract; (ii) The making of any Federal grant; (iii) The making of any Federal loan; (iv) The entering into of any cooperative agreement; and, (v) The extension, continuation, renewal, amendment, or (iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, 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 organization, or other Indian organization with respect to expenditures specifically permitted by other Federal law. "Recipient" includes all contractors, subcontractors at any tier, and subgrantees at any tier of the recipient of funds received in connection with a Federal contract, grant, loan, or cooperative agreement. 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, grant, loan, or cooperative agreement, 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, grant, loan, or cooperative agreement. An officer or employee who is employed by such person for less than 130 working days within one year immediately preceding the date of 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. modification of any Federal contract, grant, loan, or (i) Section 1352 of title 31, U.S.C. provides in part that no cooperative agreement. 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 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 Self-Determination 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. cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (ii) The prohibition does not apply as follows: Section I - Page 3 of 6 form HUD-5370-C (01/2014)

89 (1) Agency and legislative liaison by Own person requesting or receiving a Employees. covered Federal action or an extension, (a) The prohibition on the use of appropriated continuation, renewal, amendment, or funds, in paragraph (i) of this section, does not modification of a covered Federal action apply in the case of a payment of reasonable if the payment is for professional or compensation made to an officer or employee of technical services rendered directly in a person requesting or receiving a Federal the preparation, submission, or contract, grant, loan, or cooperative agreement, if negotiation of any bid, proposal, or the payment is for agency and legislative application for that Federal action or for activities not directly related to a covered Federal meeting requirements imposed by or action. pursuant to law as a condition for (b) For purposes of paragraph (b)(i)(1)(a) of receiving that Federal action. Persons this clause, providing any information specifically other than officers or employees of a requested by an agency or Congress is permitted person requesting or receiving a at any time. covered Federal action include (c) The following agency and legislative liaison consultants and trade associations. activities are permitted at any time only where (b) For purposes of subdivision (b)(ii)(2)(a) of 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) The following agency and legislative liaison activities are permitted 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 clause, "professional and technical services" shall be limited to advice and analysis directly applying any professional or technical discipline. (c) 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. (d) Only those services expressly authorized by subdivisions (b)(ii)(2)(a)(i) and (ii) of this section are permitted under this clause. (iii) Selling activities by independent sales representatives. (c) The prohibition on the use of appropriated funds, in subparagraph (b)(i) of this clause, does not apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited to the merits of the matter: (i) Discussing with an agency (including individual demonstration) the qualities and characteristics of the person's products or services, conditions or terms of subsequent amendments. sale, and service capabilities; and (e) Only those activities expressly authorized by subdivision (b)(ii)(1)(a) of this clause are (ii) Technical discussions and other activities regarding the application or adaptation of the person's products permitted under this clause. or services for an agency's use. (2) Professional and technical services. (d) Agreement. In accepting any contract, grant, cooperative (a) The prohibition on the use of appropriated funds, in subparagraph (b)(i) of this clause, does not apply in the case ofagreement, or loan resulting from this solicitation, the person submitting the offer agrees not to make any payment prohibited by this clause. (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal (e) Penalties. Any person who makes an expenditure prohibited under paragraph (b) of this clause shall be subject to civil penalties as provided for by 31 U.S.C An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable. action, 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 action or for meeting requirements imposed by or pursuant to law as a condition for (f) Cost Allowability. Nothing in this clause is to be interpreted receiving that Federal action. (ii) Any reasonable payment to a person, other than an officer or employee of a to make allowable or reasonable any costs which would be unallowable or unreasonable in accordance with Part 31 of the Federal Acquisition Regulation (FAR), or OMB Circulars dealing with cost allowability for recipients of assistance agreements. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any of the provisions of FAR Part 31 or the relevant OMB Circulars. Section I - Page 4 of 6 form HUD-5370-C (01/2014)

90 16. Equal Employment Opportunity Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such During the performance of this contract, the Contractor agrees direction, the Contractor may request the United States to as follows: enter into the litigation to protect the interests of the United (a) The Contractor shall not discriminate against any employee States. or applicant for employment because of race, color, religion, sex, or national origin. (b) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to (1) employment; (2) upgrading; (3) demotion; (4) transfer; (5) recruitment or recruitment advertising; (6) layoff or termination; (7) rates of pay or other forms of compensation; and (8) selection for training, including apprenticeship. (c) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (d) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (e) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (f) The Contractor shall comply with Executive Order 11246, 20. Liens as amended, and the rules, regulations, and orders of the Secretary of Labor. (g) The Contractor shall furnish all information and reports required by Executive Order 11246, as amended and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such 17. Dissemination or Disclosure of Information No information or material shall be disseminated or disclosed to the general public, the news media, or any person or organization without prior express written approval by the HA. 18. Contractor's Status It is understood that the Contractor is an independent contractor and is not to be considered an employee of the HA, or assume any right, privilege or duties of an employee, and shall save harmless the HA and its employees from claims suits, actions and costs of every description resulting from the Contractor's activities on behalf of the HA in connection with this Agreement. 19. Other Contractors HA may undertake or award other contracts for additional work at or near the site(s) of the work under this contract. The contractor shall fully cooperate with the other contractors and with HA and HUD employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or HA employee. The Contractor is prohibited from placing a lien on HA's property. This prohibition shall apply to all subcontractors. 21. Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR 135) (a) The work to be performed under this contract is subject to the rules, regulations, and orders. requirements of section 3 of the Housing and Urban Development (h) In the event of a determination that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, or federally assisted construction contracts under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be 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 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 imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the (i) The Contractor shall include the terms and conditions of Part 135 regulations. this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontractor or purchase order as the Secretary of Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that if the (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 Section I - Page 5 of 6 form HUD-5370-C (01/2014)

91 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 contractor 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. 22. 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. Section I - Page 6 of 6 form HUD-5370-C (01/2014)

92 General Conditions for Non-Construction Contracts Section II (With Maintenance Work) U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Labor Relations OMB Approval No (exp. 1/31/2017) Public Reporting Burden for this collection of information is estimated to average 0.08 hours 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. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C ; and to the Office of Management and Budget, Paperwork Reduction Project ( ), Washington, D.C Do not send this completed form to either of these addressees. Applicability. This form HUD-5370C has 2 Sections. These Sections must be inserted into non-construction contracts as described below: 1) Non-construction contracts (without maintenance) greater than $100,000 - use Section I; 2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR ) greater than $2,000 but not more than $100,000 - use Section II; and 3) Maintenance contracts (including nonroutine maintenance), greater than $100,000 use Sections I and II. Section II Labor Standard Provisions for all Maintenance Contracts greater than $2, Minimum Wages (a) All maintenance laborers and mechanics employed under this Contract in the operation of the project(s) shall be paid unconditionally and not less often than semi-monthly, and without subsequent deduction (except as otherwise provided by law or regulations), the full amount of wages due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Housing and Urban Development which is attached hereto and made a part hereof. Such laborers and mechanics shall be paid the appropriate wage rate on the wage determination for the classification of work actually performed, without regard to skill. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination, including any additional classifications and wage rates approved by HUD under subparagraph 1(b), shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate only when the following criteria have been met: (1) The work to be performed by the classification required is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the industry; and (3) The proposed wage rate bears a reasonable relationship to the wage rates contained in the wage determination. (ii) The wage rate determined pursuant to this paragraph shall be paid to all workers performing work 2. Withholding of funds in the classification under this Contract from the first day on which work is performed in the classification. The Contracting Officer, upon his/her own action or upon request of HUD, shall withhold or cause to be withheld from the Contractor under this Contract or any other contract subject to HUD-determined wage rates, with the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor the full amount of wages required by this clause. In the event of failure to pay any laborer or mechanic employed under this Contract all or part of the wages required under this Contract, the Contracting Officer or HUD may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment or advance until such violations have ceased. The Public Housing Agency or HUD may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 3. Records (a) The Contractor and each subcontractor shall make and maintain for three (3) years from the completion of the work records containing the following for each laborer and mechanic: (i) Name, address and Social Security Number; (ii) Correct work classification or classifications; (iii) Hourly rate or rates of monetary wages paid; (iv) Rate or rates of any fringe benefits provided; (v) Number of daily and weekly hours worked; (vi) Gross wages earned; (vii) Any deductions made; and (viii) Actual wages paid. (b) The Contractor and each subcontractor shall make the records required under paragraph 3(a) available for inspection, copying, or transcription by authorized representatives of HUD or the HA and shall permit such representatives to interview employees during working hours on the job. If the Contractor or any subcontractor fails to make the required records available, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds. 4. Apprentices and Trainees (a) Apprentices and trainees will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in: (i) A bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration (ETA), Office of Section II - Page 1 of 3 form HUD-5370-C (1/2014)

93 Apprenticeship Training, Employer and Labor Services (OATELS), or with a state apprenticeship agency recognized by OATELS, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by OATELS or a state apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice; A (ii) trainee program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, ETA; or (iii) A training/trainee program that has received prior approval by HUD. (b) Each apprentice or trainee must be paid at not less than the rate specified in the registered or approved program for the apprentice s/trainee s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices and trainees shall be paid fringe benefits in accordance with the provisions of the registered or approved program. If the program does not specify fringe benefits, apprentices/trainees must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. (c) The allowable ratio of apprentices or trainees to journeyman on the job site in any craft classification shall not be greater than the ratio permitted to the employer as to the entire work force under the approved program. (d) Any worker employed at an apprentice or trainee wage rate who is not registered in an approved program, and any apprentice or trainee performing work on the job site in excess of the ratio permitted under the approved program, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. (e) In the event OATELS, a state apprenticeship agency recognized by OATELS or ETA, or HUD, withdraws approval of an apprenticeship or trainee program, the employer will no longer be permitted to utilize apprentices/trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 5. Disputes concerning labor standards forth those findings that are in dispute and the reasons, including any affirmative defenses, with respect to the violations. The request shall be directed to the appropriate HA or HUD official in accordance with instructions contained in the notice of findings or, if the notice does not specify to whom a request should be made, to the Regional Labor Relations Officer (HUD). The HA (ii) or HUD official shall, within 60 days (unless otherwise indicated in the notice of findings) after receipt of a timely request for reconsideration, issue a written decision on the findings of violation. The written decision on reconsideration shall contain instructions that any appeal of the decision shall be addressed to the Regional Labor Relations Officer by letter postmarked within 30 calendar days after the date of the decision. In the event that the Regional Labor Relations Officer was the deciding official on reconsideration, the appeal shall be directed to the Director, Office of Labor Relations (HUD). Any appeal must set forth the aspects of the decision that are in dispute and the reasons, including any affirmative defenses, with respect to the violations. The Regional Labor (iii) Relations Officer shall, within 60 days (unless otherwise indicated in the decision on reconsideration) after receipt of a timely appeal, issue a written decision on the findings. A decision of the Regional Labor Relations Officer may be appealed to the Director, Office of Labor Relations, by letter postmarked within 30 days of the Regional Labor Relations Officer s decision. Any appeal to the Director must set forth the aspects of the prior decision(s) that are in dispute and the reasons. The decision of the Director, Office of Labor Relations, shall be final. (b) Disputes arising out of the labor standards provisions of paragraph 6 shall not be subject to paragraph 5(a) of this form HUD-5370C. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this paragraph 5(b) include disputes between the Contractor (or any of its subcontractors) and the HA, HUD, the U.S. Department of Labor, or the employees or their representatives. (a) Disputes arising out of the labor standards provisions 6. Contract Work Hours and Safety Standards Act contained in Section II of this form HUD-5370-C, other than those in Paragraph 6, shall be subject to the following procedures. Disputes within the meaning of this paragraph include disputes between the Contractor (or any of its subcontractors) and the HA, or HUD, or the employees or their representatives, concerning payment of prevailing wage rates or proper classification. The procedures in this section may be initiated upon HUD s own motion, upon referral of the HA, or upon request of the Contractor or The provisions of this paragraph 6 are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms laborers and mechanics includes watchmen and guards. (a) Overtime requirements. No Contractor or subcontractor subcontractor(s). (i) A Contractor and/or subcontractor or other interested party desiring reconsideration of findings of violation by the HA or HUD relating to the payment of straight-time prevailing wages or classification of work shall request such reconsideration by letter postmarked within 30 calendar days of the date of notice of findings issued by the HA or HUD. The request shall set contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in paragraph 6(a), the Contractor and any Section II - Page 2 of 3 form HUD-5370-C (1/2014)

94 subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to the District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provisions set forth in paragraph (a) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in paragraph (a) of this clause. (c) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the U.S. Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such Contract or any federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in paragraph (b) of this clause. 7. Subcontracts The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this Section II and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the provisions contained in these clauses. 8. Non-Federal Prevailing Wage Rates Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under state law to be prevailing, with respect to any employee in any trade or position employed under the Contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non-federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position. Section II - Page 3 of 3 form HUD-5370-C (1/2014)

95 ATTACHMENT F-2 FORM HUD (01/2017), CERTIFICATION OF PAYMENTS TO INFLUENCE FEDERAL TRANSACTIONS

96 Certification of Payments to Influence Federal Transactions OMB Approval No (Exp. 01/31/2017) U.S. Department of Housing and Urban Development Office of Public and Indian Housing Applicant Name Program/Activity Receiving Federal Grant Funding The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with 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) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Authorized Official Title Signature Date (mm/dd/yyyy) Previous edition is obsolete form HUD (01/14) ref. Handbooks , , , &

97 ATTACHMENT G PRACTICE AND HISTORY OF EMPLOYING MINORITY FORM

98 PRACTICE AND HISTORY OF EMPLOYING MINORITIES AND/OR WOMEN IN PROFESSIONAL POSITIONS TO BE COMPLETED AND RETURNED WITH YOUR PROPOSAL SUBMITTAL UNDER TAB 6 WITH YOUR EQUAL EMPLOYMENT OPPORTUNITY STATEMENT OR POLICY ====================================================================================================== IT IS INTENDED THAT THE FOLLOWING INFORMATION, FULLY COMPLTED, WILL SATISFY EVALUATION CRITERIA 5.D DETAILED WITHIN SECTION AFRICAN AMERICAN MALE TARGET GROUP TOTAL NUMBER OF EMPLOYEES IN EACH TARGET GROUP EMPLOYED BY YOUR FIRM AFRICAN AMERICAN FEMALE NATIVE AMERICAN (AMERICAN INDIAN) MALE NATIVE AMERICAN (AMERICAN INDIAN) FEMALE HISPANIC AMERICAN MALE HISPANIC AMERICAN FEMALE ASIAN/PACIFIC AMERICAN MALE ASIAN/PACIFIC AMERICAN FEMALE HASIDIC JEW AMERICAN MALE HASIDIC JEW AMERICAN FEMALE ASIAN INDIAN AMERICAN MALE ASIAN INDIAN AMERICAN FEMALE CAUCASIAN WOMAN DISABLED VETERAN TOTAL NUMBER OF ALL EMPLOYEES AT YOUR FIRM INCLUDING CAUCASIAN MALES THE UNDERSIGNED REPRESENTATIVE OF THE NOTED COMPANY HEREBY CERTIFIES THE ABOVE LISTED INFORMATION TO BE TRUE AND CORRECT. SIGNATURE DATE PRINTED NAME COMPANY SOUTHERN NEVADA REGIONAL HOUSING AUTHORITY

99 ATTACHMENT H PROPERTY NARRATIVE VERA JOHNSON MANOR A

100 Vera Johnson Manor A 1200 East Harris Avenue Las Vegas, NV APN# (5.44 acres) Project Description Vera Johnson Manor A entails the acquisition / rehabilitation of an existing 76-unit low-income family development located in Las Vegas, NV. The property was constructed in 1984 under the Federal Low-Income Public Housing program and is owned and operated by the Southern Nevada Regional Housing Authority (SNRHA). Vera Johnson Manor A is the fourth public housing preservation venture by the SNRHA and its non-profit subsidiary, Affordable Housing Program, Inc. Landsman Gardens, the first FHAfinanced rehabilitation in the country under the new HUD Rental Assistance Demonstration (RAD) program, began construction in December 2013 and is now fully occupied. SNRHA/AHP, Inc. is currently carrying out the rehabilitation of Vera Johnson Manor B in partnership with Nevada HAND. And, SNRHA/AHP, Inc. is closing the financing on Biegger Estates, which will begin construction in April Formed in January 2010 through the consolidation of the three housing authorities in the Las Vegas Valley, SNRHA currently operates 2,982 public housing units, 761 assisted housing units, and 229 mobile home pads. With its approximately 10,000 Housing Choice Vouchers, the consolidated SNRHA is the 6th largest public housing authority in HUD Region 9, which encompasses California, Arizona, Nevada and Hawaii. The goals of the Vera Johnson Manor A rehabilitation include: To preserve and improve Southern Nevada s most valuable housing resource: its public housing portfolio, which serves the working poor and our most vulnerable families and children. All 76 units receive unit-based rental assistance; To bring the units up to modern standards including new plumbing, wiring, cabinets, countertops, sinks, tubs and vanities, painting, flooring and appliances; To meet and/or exceed NHD energy conservation requirements, lower future utility costs for the tenants and the owner and improve the indoor air quality of the units; this will include use of low-voc paints, low-voc adhesives, and low-urea-formaldehydefree particle board, the addition of gas-fired tankless hot water heaters and the installation of a photovoltaic system that is projected to offset the project s total electricity demand by greater than 5%; To increase site security and defensible space through landscaping, improved site lighting; and, To reduce water consumption through the replacement of some lawn areas with low-

101 Vera Johnson Manor A Project Description Page 2 of 13 maintenance rock, desert landscaping, and drip irrigation system and the addition of low-flow faucets and commodes. Property Description Vera Johnson Manor A, constructed in 1984, consists of ten one-and-two-story row/townhouse residential buildings on a 5.44-acre site. The buildings consist of slab-on-grade construction with stucco exteriors and gable style roofs with asphalt shingles. The residential buildings contain 62 two-bedroom units (average 1,029 SF) and 14 three-bedroom units (1,195 SF) for a total of 80,505 residential square feet. The site contains a playground that is in good condition. Post-rehabilitation, the site will also contain a picnic area with barbecues, a flower/herb garden, an outdoor recreation area, and extensive xeriscape landscaping. In addition, there is an on-site community building / management office that will be updated to include a computer/study room equipped with computers, an exercise room, and a library/reading room supplied with books. All common area buildings will have automatic door openers. In-unit amenities will include hard flooring throughout the units, covered patio/balcony areas, enclosed storage spaces for each unit, infrastructure/hook-up for broadband internet connection, and washer dryers provided in each unit. Location and Neighborhood Vera Johnson Manor A is well located on a 5.44-acre site between North Maryland Parkway to the west and north and North Bruce Street to the east. The site is 0.07 miles northeast of Highway 75 in the City of Las Vegas. The area is mixed commercial and residential and is located near stores, parks, banks, community services, and mass-transit. There is a shopping center within a mile that contains a Walgreens Pharmacy, Payless Shoe Store, RadioShack, Cardenas Market, U.S. Post Office, A+ Laundromat, Burger King, Subway, Smart and Final, 7-Eleven, a barbershop, a beauty salon, several ATM s, and several retail shops and restaurants, The Las Vegas Metropolitan Police Department is 0.6 miles from the site, as well a U.S. Veterans facility, which offers job assistance, counseling, and family services to veterans. The Las Vegas Senior Center and a local municipal pool are 0.8 miles away. There are also several recreational and service centers within a mile of the Vera Johnson Manor A project. The site is adjacent to Cashman Field, the home field of the Las Vegas 51 s Triple-A minor league baseball team. It s also within walking distance of the Las Vegas Natural History Museum, Heritage Park, and the Old Las Vegas Mormon Fort State Historic Park. The site is also within a mile of the Las Vegas Library, the Las Vegas Shakespeare Company, and the Neon Museum and Boneyard. Freedom Park, Hadland Park, Rafael Rivera Park, and the East Las Vegas Community Center are all within two miles of the site. There is a doctor s office 0.8 miles away and a place of worship within 0.5 miles. Children at Vera Johnson Manor A attend Halle Hewetson Elementary School (0.25 miles

102 Vera Johnson Manor A Project Description Page 3 of 13 away), Roy West Martin Middle School (1.9 miles away), and Rancho High School (0.9 miles away). There are two major bus routes within a quarter mile of the site, including RTC Route 208, which runs east to west along Maryland Parkway and north along Bruce Street, and RTC Route 215, which runs east to west along East Bonanza Road. Target Population Vera Johnson Manor A will be a family development available to households with incomes at or below 50% of area median income ($30,700 for a family of 4 in Clark County in 2015). The project will give preference for 10% of the units to income-eligible households in which at least one member is a Veteran. All of the 76 units will receive rental assistance under the public housing program. Under the program, households will pay 30% of their adjusted gross income towards rent, allowing the development to serve a broad income mix from working families to very low-income and disabled households, including those on SSI/DI. We expect strong and continued demand for the Vera Johnson Manor A development. The City of Las Vegas Consolidated Plan & Action Plan states that while the City of Las Vegas is home to one-fifth of the state s population, the median income of households in the City are lower than the state average. As part of the plan, the City conducted a Housing Needs Assessment, which revealed that there were 10,060 renter households in the 0% to 30% AMI range who were paying 50% or more of their income towards rent and utilities. In the 30% to 50% AMI range, there were an additional 6,805 households in this situation. There were a total of 3,580 renter households between 0% and 50% of AMI who were living in either overcrowded or severely overcrowded units, and a total of 895 households living in substandard housing that lacked complete plumbing or kitchen facilities. Given the large unit sizes and unit mix focused on families at Vera Johnson Manor A, as well as the low income targeting, we feel that this project will fill a need for some of the lowest income households in the City of Las Vegas and relieve the cost burden and overcrowding problems that some of the households described above currently face. Relocation Vera Johnson Manor A is currently occupied. The current residents will have the first right to return after completion of rehabilitation. All families residing in Vera Johnson Manor A will be temporarily relocated to other units onsite, other SNRHA owned properties, or other affordable housing. This will enable the contractor to have control of portions of the construction site. The rehabilitation will likely be rolled across the property in phases with specific buildings identified for each phase. As such residents may be relocated in phases receiving the notices, supportive services, and relocation expenses noted herein at the appropriate time. Alternatively, all units may be vacated at once. The SNRHA will confirm the phasing with the contractor prior to the start of construction. All households relocated off-site as the result of the rehabilitation and will have the first right to return to Vera Johnson Manor A once rehab is complete. Affected households that do not want to transition to

103 Vera Johnson Manor A Project Description Page 4 of 13 the new program will be offered transfer to other Public Housing as available. All relocation activities, prior to rehab and post rehab for households returning to Vera Johnson Manor A, will be conducted in compliance with the Uniform Relocation Assistance (URA) and Real Property Acquisition Policies Act of 1970, as amended, (42 U.S.C et seq.) and its implementing regulations at 49 CFR 24, as applicable. The SNRHA s Supportive Services Department will manage the relocation process and services for the residents of Vera Johnson Manor A during the initial relocation and will assist residents returning to the property post construction. Some residents may only need to move once from their current unit into a newly renovated unit, depending on household size, household needs, and unit availability. Residents are not guaranteed to return to their current unit. SNRHA staff has extensive experience in relocating SNRHA public housing residents to other public housing developments under similar circumstances. A staffed relocation office will be maintained on-site at Vera Johnson Manor A throughout the entire relocation process. All residents temporarily displaced as a result of the rehabilitation at Vera Johnson Manor A will be relocated to comparable public housing units that are safe, decent, and sanitary, with minimal disruption or inconvenience to their lives. All residents will be treated fairly on a nondiscriminatory basis, without regard to race, color, religion (creed), national origin, handicap, age, familial status, sex, sexual orientation or gender identity, in compliance with applicable federal, state, and local laws. Supportive Services Vera Johnson Manor A will include an extensive supportive service program designed to assist residents in the move towards economic self-sufficiency and homeownership. The project will contract with a full-time Resident Services Coordinator who will assist residents with remaining financially and physically self-sufficient. Prior to project completion, the SNRHA will survey residents as to their service needs. The agency will then design a services program specifically tailored to needs of the children, youth and families residing at the development. The SNRHA is currently in conversations with Proventus Place, a local non-profit organization, as a potential provider of these services. The SNRHA will also commit to providing transportation services to the residents of Vera Johnson Manor A. In addition, it will continue to offer its Family Self-Sufficiency (FSS), preemployment and vocational job training, job referrals, Section 3 job referrals and Homeownership Training services to all residents. Family Self-Sufficiency Program (FSS) The Family Self-Sufficiency (FSS) is a voluntary, work-based program designed to assist families in becoming economically independent and selfsufficient. The FSS program helps families establish long-term goals (up to 5-years) and identify barriers that prevent achievement of those goals. The FSS Program Coordinator provides free resources and services necessary for success. The Coordinators work with each client to develop an action plan with specific activities and steps needed to achieve their individual goals. With the support of Community Partners and Service

104 Vera Johnson Manor A Project Description Page 5 of 13 Providers, the FSS Coordinator is able to combine case management with services such as educational and employment opportunities, life-skills training and financial management assistance. Additionally, the FSS Coordinator will provide encouragement, motivation, and moral support to help the resident achieve their goals. Workshops at One-Stop Career Center Offices SNRHA offers workshops to residents and the community at-large. Topics include: Skills assessment, job search, & online applications Resume & cover letter writing Interviewing skills Diversity in the workplace Other Life Skills for maintaining employment Workforce Investment Act (WIA) Program SNRHA has funding from NV Workforce Connections to provide pre-vocational training, occupational skills training, on the-job training, job search & placement assistance and supportive services in the following sectors: Health & Medical Services Logistics & Operations Information Technology Tourism, Gaming & Entertainment Residents who are interested in this program must first complete the Information Session unless otherwise authorized by WIA Program Manager. Job Training SNRHA provides referrals for training in jobs in the hotel and restaurant trades. In addition, the Authority has a long-standing relationship with the College of Southern Nevada, which provides on-campus computer training and an Associates degree. Job Training-Section 3 Program SNRHA promotes household self-sufficiency and strongly encourages the direct hiring of qualified Housing Authority residents from the communities impacted by the work awarded and performed by its contractors. Our residents have access to many supportive services to become job ready or enhance job skills in advance of participating or concurrent with the Section 3 Program. SNRHA maintains a list of candidates for the Section 3 program that will be utilized to assist contractors with placement. Contractors are expected to consider all employment opportunities and fill low skill jobs as well as high skills opportunities. Homeownership Training/Personal Finance In concert with local banks and Consumer Credit Counseling, Housing for Nevada, and Women s Development Center, SNRHA will assist residents with personal credit repair, money management, and preparing for homeownership. All services will be offered free of charge to the residents. SNRHA holds contracts or Memoranda of Understanding (MOUs) with many community partners to provide services to public housing residents. The Authority has a Supportive Service Department to provide information and referrals, lead workshops, and assist families with meeting their economic selfsufficiency goals.

105 Vera Johnson Manor A Project Description Page 6 of 13 Rehabilitation Scope of Work The rehabilitation scope of work for Vera Johnson Manor A is a based upon a proposed statement of work performed by the SNRHA dated February 11, A Capital Needs Assessment was also performed as a threshold requirement for the 2016 LIHTC Application. Additionally, an Energy Audit performed by a consultant to the Nevada Housing Division will be performed. We anticipate that the energy improvements proposed below will meet or exceed NHD energy efficiency requirements. The extensive rehabilitation scope of work falls into three major categories: 1) General; 2) Civil; and, 3) Plumbing, Mechanical and Electrical. 1) General Work: Flat roof replacement and parapets walls repairs completed November 2014 by Ruiter Construction. Replace shingles at pitched roof. Replace wood fascia with stucco fascia. Upgrade exterior of the buildings. Repair stucco exterior finish, prime and paint. Add architectural elements to add character to the exterior appearance of the building/units, including plant-on trims and patio trellis and railing. Add new building and unit signage. Upgrade/Add signage for accessible routes. Evaluate insulation at ceilings, to provide energy savings. Evaluate adequate roof ventilation. Install new severe use kitchen cabinets and new countertops Install new medicine cabinets and bathroom accessories. Patch/repair drywall as needed. Re-texture all drywall areas and paint interior. Repair/replace drywall ceiling (especially first floor) as required. Install new fiberglass entry doors w/weather stripping and metal frames. Install new pre-hung raised panel interior doors w/hardware and new associated trim. Install raised panel closet doors. Replace cabinets in second floor laundry room. Replace washer connections and evaluate subfloor. Repair/replace as required. Remove existing VCT flooring and replace with modern VCT flooring. Replace vinyl baseboard with MDF baseboard. Upgrade stairs treads and handrails. Provide tile floors at kitchens, laundry, and bathrooms. Provide carpet in bedrooms. The installation of new retrofit dual pane e-vinyl windows w/weather stripping, bug screens and vertical blinds installation completed by Ruiter Construction Install new energy star appliances. At Community Center, patch/repair drywall as needed. Re-texture all drywall areas and paint interior. At Community Center patch/repair for exterior painting. At Community Center, replace damaged floor tiles and add new base in common areas

106 Vera Johnson Manor A Project Description Page 7 of 13 At Community Center, add automatic door openers to doors accessing common areas. 2) Civil Work: Preserve accessible routes leading to wheelchair accessible units, office and through the property per UFAS /ANSI /504. Desert landscape design, including new picnic area and garden, by Southwick Landscape Architects. Repair/Replace, as required existing lateral waterlines / sewer lines, as well as, sidewalks. Upgrade site lighting, including wall packs and new post lighting. 3) Plumbing, Mechanical and Electrical Work: Upgrade electrical, including panels, and install GFI s in kitchen and bath areas as required. Install ARC Fault as required. Install new interconnected hard wire w/battery backup smoke detector, per code and as required and fire extinguisher. Install new back lit unit addresses and building addresses signage as per the City Ordinance. Installation of new HVAC units complete November 2014 by Ruiter Construction. Associated ductwork was not replaced, evaluate and repair/replaced as required. Upgrade interior lighting with energy smart fixtures/light bulbs. Install new tankless water heaters. Install new water saver commode. Install new bathroom sinks w/vanity. Install new tubs, tubs enclosures and plumbing. Install kitchen sinks, and plumbing fixtures. Replace angle stops in all connections [kitchen and bathroom]. Wire bedrooms and living room for and telephones. Wire kitchen for telephone. Replace all switches and outlets plates. Replace exhaust fan in the bathroom. Replace range hood. At Community Center, update data/power receptacles as needed for computer/study area and add new automatic door openers at doors accessing common areas. The rehabilitation includes replacement of some lawn areas with low-maintenance rock and xeriscape landscaping. Development Team Developer: Consultant: Southern Nevada Regional Housing Authority and its non-profit affiliate, Affordable Housing Programs, Inc. EJP Consulting Group, LLC and Praxis Consulting Group, LLC

107 Vera Johnson Manor A Project Description Page 8 of 13 General Contractor: Property Manager: Architect: TBD TBD Anne Johnson, AIA Vera Johnson Manor A will be owned by a new, to-be-created, sole purpose entity. The 0.01% Managing Member of the LLC will be a new, to-be-created sole purpose entity. Affordable Housing Program, Inc. (AHP, Inc.), the non-profit instrumentality of SNRHA, will be the Manager and sole member of the Manager LLC. SNRHA and AHP, Inc. will act as codeveloper to the ownership LLC. Southern Nevada Regional Housing Authority / Affordable Housing Program, Inc. Formed in January 2010 through the consolidation of the three housing authorities in the Las Vegas Valley, SNRHA currently operates 2,982 public housing units, 761 assisted housing units, and 229 mobile home pads. With its approximately 10,000 Housing Choice Vouchers, the consolidated SNRHA is the 32nd largest public housing authority in the country and the 6th largest PHA in HUD Region 9, which encompasses California, Arizona, Nevada and Hawaii. The Development and Modernization Department is responsible for construction administration for SNRHA. The department oversees Capital Fund Program (CFP) and Replacement Housing Factor (RHF) funds in the amount of approximately $6,000,000 per year as well as recent Neighborhood Stabilization Program (NSP) funds of approximately $12 million and American Recovery and Reinvestment Act (ARRA) funds totaling approximately $20 million. Development and Modernization Department staff performs construction management and inspection on various levels of rehabilitation, including new construction, of the SNRHA s public housing and affordable housing stock. Staff also coordinate the purchase of single-family homes under the NSP1 and 3 Program, as well as oversees the required energy upgrades to those homes. The Department monitors contractor compliance to Davis Bacon Wage Determination Act and assists in enforcing adherence to the agency s mandatory Section 3 hiring requirements. In addition, the Development/Modernization staff administer professional services contracts, including Architectural, Engineering, Hazardous Materials Consulting and Abatement and submits special applications for Demolition/Disposition and other grant funding, including Tax Credit submissions to the State of Nevada. Recent SNRHA new construction projects include: Otto Merida Desert Villas, which opened in 2007 (60 new construction family public housing units utilizing 9% LIHTC), Marion D. Bennett Sr. Plaza, built in partnership with the non-profit Nevada HAND, which opened in 2010 (65 new construction senior public housing units financed with ARRA, RHF and FHLB AHP funds) Lubertha Johnson Estates, which opened in 2012 (112 senior public housing units financed with ARRA and RHF funds), Landsman Gardens Apartments, which opened in October 2014 (100-unit multi-family RAD conversion financed with tax exempt bonds, public housing capital funds, 4% LIHTC, and HUD HOME funds from the City of Henderson).

108 Vera Johnson Manor A Project Description Page 9 of 13 Vera Johnson Manor B, in partnership with co-developer Nevada HAND, Inc., which started construction in April 2015 (112-unit multi-family public housing conversion financed with 9% LIHTC, HUD HOME funds from the City of Las Vegas and SNRHA capital funds), and, Biegger Estates, which will begin construction in April 2016 (119-unit multi-family RAD conversion financed with public housing operating funds and 9% LIHTC) Recent SNRHA rehabilitation projects include: Parking Lots, Exterior Lighting and Conversion to Xeriscape Landscape at James Down Towers, Sartini Plaza and Sartini Plaza Annex Senior Public Housing, Energy Upgrades at forty three (43) Scattered Sites Homes Family public housing, Wheelchair accessibility at Schaffer Heights-Senior public housing and Hampton Court- Family public housing, Parking Lots upgrades at Schaffer Heights and Espinoza Terrace Senior public housing, Roofing upgrades and Cooling Tower replacement at Harry Levy Gardens Senior public housing, Playground, safety surface and canopy installation at Vera Johnson B and Marble Manor Annex Family public housing, Exterior Painting at Aida Z. Brents Senior public housing, Roof replacement and Exterior painting Sartini Plaza Annex senior public housing, Acquisition and Modernization of ninety one (91) Neighborhood Stabilization Program (NSP) Units. Key SNRHA staff taking part in the development and operations include: John Hill, Executive Director, Dwayne Alexander, Deputy Executive Director, Amparo Gamazo, Director of Development and Modernization and Frederick Haron, Director of Finance and Administration. EJP Consulting Group, LLC / Praxis Consulting Group, LLC SNRHA will receive consulting assistance from Scott Jepsen of EJP Consulting Group, LLC and Eric Novak of Praxis Consulting Group LLC. EJP Consulting Group, LLC (EJP) provides services to clients nationwide who are seeking to improve community-level outcomes. As former Abt Associates employees, EJP s three partners Gayle Epp, Scott Jepsen and Rhae Parkes have been working together for more than 10 years to assist clients to develop new housing, revitalize neighborhoods, increase resident self-sufficiency, and plan for sustainable futures. Scott Jepsen, EJP partner based in Shoreline, WA, has extensive experience with public housing mixed-finance development, strategic planning, and economic growth initiatives. He was the Project Director for SNRHA s Replacement Housing Factor Plans and mixed- finance development proposals for the Otto Merida Desert Villas project. Formed in 2004, Praxis Consulting Group LLC is a Nevada-based consulting firm that helps nonprofit, for-profit and government organizations develop and finance affordable housing. Mr. Novak, its principal, has 30 years of experience in all aspects of the affordable housing development process, including HOPE VI, RAD, public housing mixed- finance development and affordable assisted living. Since 2005, Mr. Novak has secured the financing for over 40

109 Vera Johnson Manor A Project Description Page 10 of 13 affordable housing developments in Nevada, totaling more than 3,000 units and $450 million in financing. Financing sources have included project-based Housing Choice Vouchers, public housing Capital and Replacement Housing Factor funds and ACC operating subsidy, private grants, tax-exempt bonds, 4 percent and 9 percent tax credits, ARRA TCAP and Section 1602 funds, HUD HOME and state housing trust funds, state transitional housing monies, FHLB AHP funds, as well as conventional construction and permanent debt. Project Financing The project financing for Vera Johnson Manor A includes equity from the sale of 9% Low Income Housing Tax Credits issued through the Nevada Housing Division and public housing capital funds from SNRHA. Vera Johnson Manor A will apply for 9% LIHTCs in May Vera Johnson Manor A is located in Census tract 4.02, which is a HUD-designated Qualified Census Tract in The estimated total development cost is $10.54 million, or about $138,671 per unit. Vera Johnson Manor A will close in approximately April 2017, with construction completion by April 2018 and conversion in October 2018.

110 Vera Johnson Manor A Project Description Page 11 of 13 Vera Johnson Manor A 1200 East Harris Avenue Las Vegas, NV APN# (5.44 acres) Location Map SITE

111 Vera Johnson Manor A Project Description Page 12 of 13 Vera Johnson Manor A 1200 East Harris Avenue Las Vegas, NV APN# (5.44 acres) Aerial Photo Full property Left half of property Right half of property

112 Vera Johnson Manor A Project Description Page 13 of 13 Vera Johnson Manor A 1200 East Harris Avenue Las Vegas, NV APN# (5.44 acres) Site Plan

113 ATTACHMENT I PROPERTY NARRATIVE ROSE GARDENS

114 Rose Gardens Senior Citizen 1731 Yale Street, North Las Vegas, NV APN: (2.75 acres) Project Description Rose Gardens Senior Apartments entails the demolition of an existing 120-unit public elderly housing development located in North Las Vegas, Nevada, and the subsequent new construction of a 120-unit affordable senior housing development on a site across the street from the existing location. The current property was constructed in 1975 under the Federal Low- Income Public Housing program and is owned and operated by the Southern Nevada Regional Housing Authority (SNRHA). Under an innovative new program called Rental Assistance Demonstration (RAD), the U.S. Department of Housing and Urban Development (HUD) is allowing housing authorities to rehabilitate and preserve their aging public housing developments using a variety of public and private affordable housing resources, including private debt supported by project-based rental assistance, Federal Low-Income Housing Tax Credits and public housing capital funds. RAD allows for the transfer of assistance from one project site to an alternate site; thereby enabling SNRHA to support the construction of a new development since rehabilitation of the existing units is not feasible. Property Description Rose Gardens was constructed in 1975 and is currently located at 1632 Yale Street in North Las Vegas. The property consists of two low-rise dwelling buildings on a 3.85-acre site. The unit mix consists of 60 studio units (370 SF) and 60 one-bed/one-bath units (503 SF). The existing site and buildings are functionally obsolete and have significant capital needs that make modernization/rehabilitation of the existing units impractical. As part of the RAD conversion, SNRHA plans to demolish the existing Rose Gardens development and replace it with a more attractive and marketable development with appropriate amenities and service space. The new project will consist of 102 onebed/one-bath units (600 SF) and 18 two-bed/two-bath units (775 SF) and will be built on the former Casa Rosa public housing site, which is across the street from Rose Gardens. The new project will consist of one three-story residential elevator building on a acre site. The new apartments will be generously sized and will include washer/dryer hook-up, wall-to-wall carpeting, and extensive cabinet and closet storage. The units will be built to high energy-efficiency standards, and will include high efficiency heating and cooling equipment, EnergyStar appliances, low-e argon thermal pane windows, high R- value wall and attic insulation, ceiling fans, and automatic timer thermostat controls. The development will also promote water conservation with extensive xeriscaping landscaping. The project will also contain a single story community/administrative building containing a large multi-purpose room and warming kitchen, classrooms, a computer lab, a Rose Gardens Project Description 1

115 library/reading room, leasing office, and space for supportive service providers. The grounds will contain courtyards and patio areas with picnic tables and barbecues. Location and Neighborhood Rose Gardens will be well located between Yale Street to the west and East Tonopah Avenue to the north. The site is 0.3 miles east of Great Basin Highway and 0.2 miles west of Las Vegas Blvd in North Las Vegas, NV. The area is mixed commercial and residential and is located near stores, parks, banks, community services, and mass-transit. The site is within the City of North Las Vegas US Department of Housing and Urban Development Choice Neighborhood Initiative (CNI) planning grant area. As part of the CNI planning grant, the SNRHA is working with City staff, residents, and other stakeholders to develop a transformation plan for this targeted community. The redevelopment of Rose Gardens is central to the transformation plan and will enable the City of North Las Vegas to maintain affordable, multifamily housing in this location. In addition to support for the Rose Gardens redevelopment, the transformation plan will provide a blueprint and means to attract a broad income-range of households to the neighborhood along with new businesses, school investment, and additional social services. The site is adjacent to Tonopah Park and Richard Walpole Senior Citizens Park and is approximately 1 mile from Lions Memorial Park, Fantasy Park, Heritage Park, the Las Vegas Natural History Museum, and the Old Las Vegas Mormon Fort. In addition, Cashman Field, North Las Vegas Triple A baseball stadium, is slightly over 1 mile from the site. The North Las Vegas library is 1.3 miles away, and there is a post office within1 mile. There are several community services nearby, including Clark County Social Services (0.5 miles), U.S. Post Office (1.0 miles), Catholic Charities (0.5 miles), and The Vegas View Church Food Bank (0.5 miles). Additionally the North Las Vegas library is 1.3 miles away. The North Las Vegas Police Department is only one mile from the site, and the North Las Vegas Fire Department is approximately two miles away. North Vista Hospital is just over four miles from the site. The site is also located near several auto part and repair shops, pawn and thrift stores, restaurants, and a Smith s grocery store. There is an ATM within a half-mile and a fullservice Bank of America within one mile. RTC Southern Nevada Route MAX 113 runs north and south on Las Vegas Blvd with several stops within a half-mile of Rose Gardens. Target Population Rose Gardens will be a senior housing development available to households with incomes at or below 60% AMI ($25,800 for a 1-person household in Clark County in 2015). All of the 120 units will receive project-based rental assistance under the Rental Assistance Demonstration program. Under the program, households will pay 30% of their adjusted gross income towards rent, allowing the development to serve very low-income Rose Gardens Project Description 2

116 and disabled households, including those on SSI/DI. Per HUD regulations, rent will be the lower of the published RAD rent or 110% HUD FMR minus utility allowance. We expect strong and continued demand for the Rose Gardens development. The need for affordable senior housing, and supportive elderly housing, in the Las Vegas Valley is well documented. The Clark County, North Las Vegas, Boulder City, and Mesquite HUD Consolidated Plan (HCP) identifies both rental housing serving very low-income and extremely low-income households and housing for persons with special needs, including elderly, as priorities. According to the Consolidated Plan, there is a need for over 42,000 additional affordable housing units. (p.117) The Plan also indicates that the need for permanent supportive housing units for persons with special needs remains very high. Relocation Rose Gardens is currently occupied. Current Rose Gardens residents will have the first right to move to the new development after completion. All households residing at Rose Gardens will remain in their units while the new project is built at the former Casa Rosa site across the street. After the new Rose Gardens project is constructed, residents will be relocated to the new units and the existing Rose Gardens buildings will be demolished. Supportive Services Rose Gardens will employ a part-time Resident Services Coordinator who will assist residents with remaining financially and physically self-sufficient by implementing referral services, programs, activities and social supports that enable them to age in place. The Service Coordinator will also assist residents in accessing resources available in the community, including home health care and homemaker assistance, taxi vouchers, energy assistance, rental rebates, and emergency food. The Resident Services Coordinator will also seek out, coordinate and schedule outside activities and programs with local agencies and recreation centers and coordinate transportation with weekly routes offering access to grocery and drug stores, post office, malls, special events, etc. Residents will also be provided with a number of social supports including monthly newsletter containing information on on-site services, community resources, maintenance tips, and social activities. Property management, in partnership with the resident council, will organize holiday lunches, entertainment, game clubs, outings, and activity classes. Development Team Developer: Consultant: General Contractor: Property Manager: Architect: Southern Nevada Regional Housing Authority and its nonprofit affiliate, Affordable Housing Program, Inc. EJP Consulting Group, LLC and Praxis Consulting Group, LLC TBD TBD TBD Rose Gardens Project Description 3

117 Rose Gardens will be owned by a to-be created sole purpose limited liability company. The 0.01% Managing Member of the LLC will also be a to-be created sole purpose limited liability company. Affordable Housing Program, Inc. (AHP, Inc.), the non-profit instrumentality of SNRHA, will be the sole manager of the Managing Member LLC. SNRHA and AHP, Inc. will act as co-developers to the ownership LLC. Southern Nevada Regional Housing Authority / Affordable Housing Program, Inc. Formed in January 2010 through the consolidation of the three housing authorities in the Las Vegas Valley, SNRHA currently operates 2,982 public housing units, 761 assisted housing units, and 229 mobile home pads. With its approximately 10,000 Housing Choice Vouchers, the consolidated SNRHA is the 32nd largest public housing authority in the country and the 6th largest PHA in HUD Region 9, which encompasses California, Arizona, Nevada and Hawaii. The Development and Modernization Department is responsible for construction administration for SNRHA. The department oversees Capital Fund Program (CFP) and Replacement Housing Factor (RHF) funds in the amount of approximately $6,000,000 per year as well as recent Neighborhood Stabilization Program (NSP) funds of approximately $12 million and American Recovery and Reinvestment Act (ARRA) funds totaling approximately $20 million. Development and Modernization Department staff performs construction management and inspection on various levels of rehabilitation, including new construction, of the SNRHA s public housing and affordable housing stock. Staff also coordinates the purchase of single-family homes under the NSP1 and 3 Program, as well as oversees the required energy upgrades to those homes. The Department monitors contractor compliance to Davis Bacon Wage Determination Act and assists in enforcing adherence to the agency s mandatory Section 3 hiring requirements. In addition, the Development/Modernization staff administer professional services contracts, including Architectural, Engineering, Hazardous Materials Consulting and Abatement and submits special applications for Demolition/Disposition and other grant funding, including Tax Credit submissions to the State of Nevada. Recent SNRHA new construction projects include: Otto Merida Desert Villas, which opened in 2007 (60 new construction family public housing units utilizing 9% LIHTC), Marion D. Bennett Sr. Plaza, built in partnership with the non-profit Nevada HAND, which opened in 2010 (65 new construction senior public housing units financed with ARRA, RHF and FHLB AHP funds) Lubertha Johnson Estates, which opened in 2012 (112 senior public housing units financed with ARRA and RHF funds), Landsman Gardens Apartments, which opened in October 2014 (100-unit multifamily RAD conversion financed with tax exempt bonds, public housing capital funds, 4% LIHTC, and HUD HOME funds from the City of Henderson), and Rose Gardens Project Description 4

118 Vera Johnson Manor B, in partnership with co-developer Nevada HAND, Inc., which started construction in April 2014 (112-unit multi-family public housing conversion financed with 9% LIHTC, HUD HOME funds from the City of Las Vegas and SNRHA capital funds). Recent SNRHA rehabilitation projects include: Parking Lots, Exterior Lighting and Conversion to Xeriscape Landscape at James Down Towers, Sartini Plaza and Sartini Plaza Annex Senior Public Housing, Energy Upgrades at forty three (43) Scattered Sites Homes Family public housing, Wheelchair accessibility at Schaffer Heights-Senior public housing and Hampton Court-Family public housing, Parking Lots upgrades at Schaffer Heights and Espinoza Terrace Senior public housing, Roofing upgrades and Cooling Tower replacement at Harry Levy Gardens Senior public housing, Playground, Safety surface and canopy installation at Vera Johnson B and Marble Manor Annex Family public housing, Exterior Painting at Aida Z. Brents Senior public housing, Roof replacement and Exterior painting Sartini Plaza Annex senior public housing, Acquisition and Modernization of ninety one (91) Neighborhood Stabilization Program (NSP) Units. Key SNRHA staff taking part in the development and operations include: John Hill, Executive Director, Amparo Gamazo, Director of Development and Modernization and Frederick Haron, Director of Finance and Administration. EJP Consulting Group, LLC / Praxis Consulting Group, LLC SNRHA will receive consulting assistance from EJP Consulting Group, LLC and Praxis Consulting Group LLC. EJP Consulting Group, LLC (EJP) provides services to clients nationwide who are seeking to improve community-level outcomes. As former Abt Associates employees, EJP s three partners Gayle Epp, Scott Jepsen and Rhae Parkes have been working together for more than 10 years to assist clients to develop new housing, revitalize neighborhoods, increase resident self-sufficiency, and plan for sustainable futures. Scott Jepsen, EJP partner based in Shoreline, WA, has extensive experience with public housing mixed-finance development, strategic planning, and economic growth initiatives. He was the Project Director for SNRHA s Replacement Housing Factor Plans and mixed- finance development proposals for the Otto Merida Desert Villas project. Formed in 2004, Praxis Consulting Group LLC is a Nevada-based consulting firm that helps non-profit, for-profit and government organizations develop and finance affordable housing. Praxis also carries out research and technical assistance in the areas of community development, non-profit capacity building, fund raising and public policy Rose Gardens Project Description 5

119 development. Eric Novak, its principal, has 25 years of experience in all aspects of the affordable housing development process, including HOPE VI and public housing mixedfinance and affordable assisted living. Hilary Lopez, Ph.D., Senior Associate, has over ten years of experience in affordable housing finance, programs, and policy. Dr. Lopez brings substantial public sector experience and expertise in federal housing programs to Praxis. Since 2005, Praxis has secured the financing for almost 30 affordable housing developments in Nevada, totaling over 2,000 units and $300 million in financing. Financing sources have included project-based housing choice vouchers, public housing operating subsidy, private grants, tax-exempt bonds, 4 percent and 9 percent tax credits, ARRA TCAP and Section 1602 funds, HUD HOME and state housing trust funds, state transitional housing monies, FHLB AHP funds, as well as conventional construction and permanent debt. Project Financing The project financing for Rose Gardens includes tax-exempt bonds issued by the Nevada Housing Division (NHD), equity from the sale of 4% Low Income Housing Tax Credits, Affordable Housing Program funds from Federal Home Loan Bank of San Francisco, City of North Las Vegas HOME/Housing Trust Funds, NHD GAHP Program funds, Clark County HOME/Housing Trust Funds, and capital funds from the Southern Nevada Regional Housing Authority. The total development cost is $20,666,872, or $172,224 per unit. Under an innovative new program called Rental Assistance Demonstration (RAD), HUD is allowing housing authorities to convert public housing into subsidized housing with a project-based rental assistance contract. The rental assistance contract 15 years with an option to renew for another 15 years under the Project-Based Voucher approach will allow SNRHA to borrow funds to cover a portion of the redevelopment effort. The RAD contract rent will be the lesser of 110% of Fair Market Rent less Utility Allowance or a weighted average rent of $533 per unit per month. Under RAD, the construction of Rose Gardens will be subject to Davis-Bacon wage rates and reporting. SNRHA submitted its application for RAD financing to HUD in March 2015 and received a CHAP in July Estimated Project Schedule RAD Application March 2015 Bond/4% LIHTC Application June 2016 Construction Start February 2017 Construction Completion April 2018 Full Occupancy January 2019 Rose Gardens Project Description 6

120 Rose Gardens Senior Citizen 1731 Yale Street, North Las Vegas, NV APN: (2.75 acres) Location Map New Rose Gardens site Existing Rose Gardens site Rose Gardens Project Description 7

121 Rose Gardens Senior Citizen 1731 Yale Street, North Las Vegas, NV APN: (2.75 acres) Aerial Photo Rose Gardens Project Description 8