Bid Notice-On Demand Pest Control Services.pdf

HOUSING AUTHORITY of CLACKAMAS COUNTY

PO BOX 1510, OREGON CITY, OR 97045-1510

PHONE: (503) 650-3143

PEST CONTROL SERVICES QUOTE/BID FORM

QUOTE DUE DATE: November 18, 2026 2:00pm.

On demand PEST CONTROL SERVICES as needed for HACC residential units and various Administration. Units are scattered throughout Clackamas County from Estacada to Wilsonville. Bid prices below shall be good for a period of up to 730 days / TWO (2) years.

Bid is to include all materials and labor, as required to perform said work. All work performed, as a result of this procurement, shall be conducted in strict accordance with all applicable local, state and federal regulations. In submitting this bid, it is understood that the right is reserved by the Housing Authority of Clackamas County to reject any and all bids. No minimum workload is guaranteed by HACC.

Treat For:

Ants, Fleas, Hornets, Roaches, Silverfish $ Per Application (Up to as much as 100 applications per year)(Residential Units)

Treat For:

Ants, Fleas, Hornets, Roaches, Silverfish $ Per Application (Up to as much as 20 applications per year)(Offices, Community Centers, and Clackamas Apartments)

Rats and Mice $ Per Application (Up to as much as 50 applications per year)

Carpenter Ants, single family housing up to 1,200 sq. ft. $ Per Application (Up to as much as 25 applications per year)

Inspect for Bed Bugs $ per visit Bed Bugs $ Per Application (Up to as much as 10 applications per year)

Minimum for Service Calls:

Minimum per hour $ per hour Minimum per visit $ per visit Inspection only (No treatment) $ per visit

HOUSING AUTHORITY of CLACKAMAS COUNTY

PO BOX 1510, OREGON CITY, OR 97045-1510

PHONE: (503) 650-3143

Pricing listed above shall be good for a period of (2) two years (730 days) from the issue date on the Notice to Proceed.

Agreement between vendor and HACC shall be signed and dated by authorized company representative.

Number of days

HACC if required to return during guarantee period.

State the amount $ you will charge HACC for a missed appointment (assuming appropriate contact information has been provided, and documentation of contract by vendor has been assured).

Hourly charge $ if called out to perform treatments at times other than normal operating hours of Monday through Friday 8:00am 5:00pm.

Able to complete all services in one trip? Yes No

Same Day Service? Yes No

24 Hour Emergency Service? Yes No

Normal business hours are Monday through Thursday from 7:00am 5:30pm. At no time shall the contractor work beyond these hours or weekend days (Saturday-Sunday) without prior approval from

HACC.

All Service requests and communication shall be via E-Mailed request from an authorized list of requestors of HACC staff to the service vendor.

HACC will provide a list of staff who are authorized to request service, the Vendor shall have 5 days to schedule services after the request has been submitted, Any Emergency request must be provided within 24 hours of a submitted request.

Vendor will be responsible for contacting tenant to arrange a mutually agreeable time frame for completion of treatment. HACC will provide necessary information for vendors to accomplish contact.

Vendor shall not provide additional services that incur additional costs, without written requests from HACC Staff.

Bid documents HUD 5369-C & Bid Form (originals) must be received in this office no later than 2:00pm, Wednesday, November 18, 2026. Late quotes will not be considered.

Office Address:

146 Molalla Avenue Oregon City, OR 97045

Company Representative: Date:

Phone #: Fax #:

Email Address: Company Name:

ON DEMAND PEST CONTROL SERVICES PROJECT #26001-5

HOUSING AUTHORITY OF CLACKAMAS COUNTY

P.O BOX 1510, 13900 S. GAIN STREET, OREGON CITY, OR 97045

SPECIAL CONDITIONS PAGE #1 OF 4

SPECIAL CONDITIONS

1.1 COMMUNICATIONS

A. All bids, notices, demands, requests, instructions, approvals, proposals, and claims must be in writing. Oral explanations or instructions will not be binding. Only written addenda are binding.

Any addenda resulting from these requests will be mailed to all listed holders of the Bid Document no later than four (4) days prior to the bid opening. The Bidder shall acknowledge the receipt of all addenda.

B. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the office of the Contractor stated on the signature page of the Contract or at such other office as Contractor may from time to time designate in writing to the Housing Authority of Clackamas County (PHA) or deposited in the United States mail in a sealed, postage-prepaid envelope, or if delivered with charges prepaid to any telegraph company for transmission, in each case addressed to such office.

C. All papers required to be delivered to the PHA shall, unless otherwise specified in writing to the Contractor, be delivered to the Housing Authority of Clackamas County, P.O. Box 1510, Oregon City, Oregon 97045 and any notice to or demand upon the PHA shall be sufficiently given if so delivered, or deposited in the United States mail in a sealed, postage prepaid envelope, or delivered with charges prepaid to any telegraph company for transmission to said Capital Improvement Coordinator at such address, or to such other representative of the PHA or to such other address as the PHA may subsequently specify in writing to the Contractor for such purpose.

D. Any such notice shall be deemed to have been given as of the time of actual delivery; or, in the case of mailing, when the same should have been received in due course of post; or, in the case of telegrams, at the time of actual receipt.

1.2 REQUIRED CERTIFICATIONS

A. All contractors/subcontractors working on this project shall be licensed per ORS 468A.720.

B. No bid for a construction contract shall be received or considered by the PHA unless the bidder is licensed by the Construction Contractors Board or licensed by the State Landscape Contractors Board as required by ORS 671.530.

C. Copies of all certifications above are to be included with bid. Failure to submit the above required information could render the bid Non-Responsive.

1.3 INDEMNIFICATION / INSURANCE REQUIREMENTS (In addition to the requirements found in the General Conditions)

A. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. With respect to General Liability and Pollution, Environmental Impairment and Lead Pollution Liability, coverage shall be maintained for a minimum of five (5) years after contract completion.

B. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office (ISO) Commercial General Liability coverage (occurrence Forms CG 20 10 & CG 20 37 or Form CG 32 61 10 05 or Form CG 85 22 07 04).

2. ISO Form No. CA 00 01 06 92, covering Automobile Liability, Code 1 (any auto).

SPECIAL CONDITIONS PAGE #2 OF 4

3.

C. Minimum Limits of Insurance

Contractor shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3.

limit bodily injury by disease, $1,000,000 each employee bodily injury by disease.

D. Deductible and Self Insured Retentions:

Any deductibles or self-insured retentions must be declared to and approved by the Housing Authority of Clackamas County (PHA). If possible, the Insurer shall reduce or eliminate such deductibles or self insured retentions as respects PHA, its officers, officials, employees and volunteers; or the Contractor shall provide evidence satisfactory to the Authority guaranteeing payment of losses and related investigations, claim administration and defense expenses.

E. Other Insurance Provisions:

1. The general liability and automobile liability are to contain, or be endorsed to contain, the following provisions:

a. The Housing Authority of Clackamas County (PHA), its officers, officials, employees and volunteers are to be covered as additional insureds in regard to the general liability coverage. Coverage is primary and non contributory and completed operations. With respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operation. General Liability coverage can be

b. Insurance Services Office (ISO) Properties Inc. Commercial General Liability endorsement

Forms CG 20 10 and CG 20 37 or Form CG 32 61 10 05 or Form CG 85 22 07 04 titled Owners, Lessees or Contractors required or their equivalent for maximum coverage. These two endorsements must be submitted with each certificate of insurance submitted.

c.

insurance as respects PHA, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by PHA, its officers, officials, employees, agents or

d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially changed, except after sixty (60) days prior written notice by certified mail, return receipt request, has been given to PHA.

e. Maintenance of the proper insurance for the duration of the contract is a material element of the contract. Material changes in the required coverage or cancellation of the coverage shall constitute a material breach of the contract.

f. Course of construction policies shall contain the following provisions:

1) PHA shall be named as loss payee.

2) The insurer shall waive all rights of subrogation against the Authority, it officers, officials, employees and volunteers.

SPECIAL CONDITIONS PAGE #3 OF 4

F.

of no less than B+: VI.

G. Verification of Coverage: Contractor shall furnish PHA with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsement should be on forms provided by PHA or on other than PHA requirements. All endorsements are to be received and approved by PHA before work commences in sufficient time to permit contractor to remedy any deficiencies. PHA reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

H. Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor in a manner and in such time as to permit PHA subcontractors shall be subject to all of the requirements stated herein.

1.4 MINIMUM RATES OF PAY

B. A schedule of the minimum rates of pay applicable to this contract is attached,Wage Decision.

C. Additional Wage Classifications: Should additional wage classifications be necessary the

Contractor should prepare and submit a request for additional classifications to HACC. HACC will prepare the request for additional classifications only after the contract has been executed.

1.5 RECORDKEEPING REQUIREMENTS

A. PHAs, tribes, TDHEs, and any other employers (e.g., contractors, subcontractors) engaged on work subject to HUD-determined wage rates must make and maintain for 3 years from the completion of the work records containing information demonstrating compliance with the prevailing wage rates determined (or adopted) by HUD and applicable to the work. 3 These records must at a minimum contain for each laborer and mechanic employed:

1) His or her name, address and social security number;

2) Correct work classification or classifications;

3) Hourly rate or rates of monetary wages paid;

4) Rate or rates of any fringe benefits provided;

5) Number of daily and weekly hours worked;

6) Gross wages earned;

7) Any deductions taken; and

8) Actual wages paid.

Such records shall be made available for inspection or transcription by authorized representatives of the PHA, tribe, TDHE and/or HUD.

1.6 PAYROLL DEDUCTIONS AND FREQUENCY OF WAGE PAYMENTS

A. Employers (PHAs, tribes, TDHEs, contractors and/or subcontractors) must pay to each employee subject to HUD-determined wage requirements the full amount of wages due free and clear and without subsequent deduction (except as otherwise provided by law or regulations). These payments must be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period may not be of any duration longer than semi-monthly.

1.7 SUBCONTRACTOR DISCLOSURE

A. Within two working hours after the date and time of the deadline when the bids are due to the PHA a bidder shall submit to the PHA a disclosure of the first-tier subcontractors, on the form provided, that:

SPECIAL CONDITIONS PAGE #4 OF 4

(1) will be furnishing labor or will be furnishing labor and materials in connection with the public improvement; and

(2) will have a contract value that is equal to or greater than five percent of the total project bid or $15,000, which ever is greater, or $350,000 regardless of the percentage of the total project bid.

B. The disclosure of first-tier subcontractors shall include:

(1) The name of each subcontractor; and

(2) The category of work that each subcontractor will be performing, and

(3) The dollar value of each subcontract

C. The PHA shall consider the bid of any contractor that does not submit a subcontractor disclosure entered on the first line of the First-Tier Subcontractor Disclosure Form) to the PHA to be a nonresponsive bid and may not award the contract to the contractor. A PHA is not required to determine the accuracy or the completeness of the subcontractor disclosure. (ORS 279 contracts over $100,000)

1.8 REGULATIONS AND COMPLIANCE

A. If this solicitation is for public work subject to ORS 279C.800 to 279C.870 or the Davis-Bacon Act (40 U.S.C. 276a), no bid will be received or considered by PHA unless the bid contains a statement by the bidder as a part of its bid that the provisions of ORS 279.350 or 40 U.S.C. 276a are to be complied with.

B. The Contractor agrees to have a public works bond filed with the Construction Contractors Board before starting any work on the project per ORS 279C.836.

C. The Contractor agrees that every subcontract shall include a provision requiring all subcontractors to have a public works bond filed with the Construction Contractors Board before starting any work on the project.

1.9 LIENS

A. The contractor is prohibited from placing a lien on P to all subcontractors.

FORM OF CONTRACT

PROJECT #26001-5

Contract # xxx-xx

THIS CONTRACT, effective upon signature of both parties, is made by and between (Contractor), a business entity authorized to do business in the State of Oregon, hereinafter called the "Contractor," and the Housing Authority of Clackamas County hereinafter call the

"PHA."

WITNESSETH, that the Contractor and the PHA for the consideration stated herein mutually agreed as follows:

ARTICLE 1. Statement of Work. The Contractor shall furnish all labor, material, equipment and services, and perform and complete all work defined below, or reasonably inferred therefrom, as required for completion of the ON DEMAND PEST CONTROL SERVICES, #26001-5. Work shall be performed in strict accordance with this Contract and all Contract Documents, defined below, including the Scope of Work, HUD General Conditions, and any Addenda.

When the PHA wishes Contractor to perform the Work, PHA will submit a written task order detailing the particular scope of Work and the total compensation, pursuant to the rates set forth in this Contract. Contractor may not perform Work until PHA has issued the written task order.

No written task order shall modify or amend the terms and conditions of this Contract.

ARTICLE 2. The Contract Price. The PHA shall pay the Contractor for the performance of the Contract, in current funds, subject to additions and deductions as provided in the Scope of Work, a sum. ($ ).

ARTICLE 3. Contract Dates. The following critical dates are hereby set for the ON DEMAND PEST CONTROL SERVICES. Time is of the essence.

A. START DATE: November 18, 2026

B. SUBSTANTIAL COMPLETION DATE: N/A

C. FINAL COMPLETION DATE: November 18, 2028

ARTICLE 4. Contract Documents. The Contract shall consist of the following component parts:

a. This Agreement

b. Bid Documents

c. HUD General Conditions

d. Addendum(s), if any

e. Special Conditions

f. Scope of Work

This instrument, together with the other documents enumerated in this Article 4, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, form the Contract. In the event that any provision in any component part of this Contract conflicts with any provision of any other component part, the provision of the component part first enumerated in this Article 4 shall govern, except as otherwise specifically stated. The various provisions in Addenda shall be construed in the order of preference of the component part of the Contract which each modifies.

ARTICLE 5. Responsibility for Damages/Indemnity. Contractor shall be responsible for all damage to property, injury to persons, and loss, expense, inconvenience, and delay that may be caused by, or result from, the carrying out of the Work to be done under the Contract, or from any act, omission or neglect of the Contractor, its subcontractors, employees, guests, visitors, invitees and agents.

To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel approved by PHA) and hold harmless the PHA and its elected officials, officers, directors, agents, and employees (collectively "Indemnitees") from and against all liabilities, damages, losses, claims, expenses, demands and actions of any nature whatsoever which arise out of, result from or are related to: (a) any damage, injury, loss, expense, inconvenience or delay described in this Article 5; (b) any accident or occurrence which happens or is alleged to have happened in or about the project site or any place where the Work is being performed, or in the vicinity of either, at any time prior to the time the Work is fully completed in all respects; (c) any failure of the Contractor to observe or perform any duty or obligation under the Contract Documents which is to be observed or performed by the Contractor, or any breach of any agreement, representation or warranty of the Contractor contained in the Contract Documents or in any subcontract; (d) the negligent acts or omissions of the Contractor, a subcontractor or anyone directly or indirectly employed by them or any one of them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder (except to the extent otherwise void under ORS 30.140); and (e) any lien filed upon the project or bond claim in connection with the Work. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article 5.

In claims against any person or entity indemnified under this Article 5 by an employee of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Article 5 shall not be limited on amount or type of damages, compensation or benefits payable by or for the Contractor or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts.

ARTICLE 6. No person shall be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as described in ORS 279C.100, the employee shall be paid at least time and a half pay for (1) all overtime in excess of eight hours in any one day or 40 hours in any one week if the work week is five consecutive days, Monday through Friday or (2) all overtime in excess of 10 hours in any one day or 40 hours in any one week if the work week is four consecutive days, Monday through Friday; and all work the employee performs on Saturday and on any legal holiday specified in ORS 279C.540. All subject employers working under this contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. Contractor shall comply with the prohibition set forth in ORS 652.220, compliance of which is a material element of the Contract and a failure to comply is a breach entitling PHA to terminate the Contract for cause.

ARTICLE 7. Under the provisions of ORS 279C.515, if the Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with this contract as the claim becomes due, the proper officer representing the PHA may pay such claim to the person furnishing the labor or services and charge the amount of the payment against the funds due or to become due the Contractor by reason of the contract.

If the Contractor or a first-tier subcontractor fails, neglects or refuses to pay a person that provides labor or materials in connection with the public improvement contract within 30 days after receiving payment from the contracting agency or a contractor, the Contractor or first-tier subcontractor owes the person the amount due plus interest charges that begin at the end of the 10-day period within which payment is due under ORS 279C.580 (4) and that end upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest on the amount due is nine percent per annum. The amount of interest may not be waived.

If the Contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580.

ARTICLE 8. The Contractor agrees to pay daily, weekly, weekend and holiday overtime as required by ORS 279C.520.

ARTICLE 9. The Contractor agrees that all employees/workers working on this project, whether employed by the Contractor or any subcontractor, shall be given written notice of the number of hours per day and days per week they may be required to work.

ARTICLE 10. The Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services.

ARTICLE 11. The Contractors agrees to pay no less than the applicable state or federal prevailing wage rate, whichever is higher per ORS 279C.830(1)(b).

ARTICLE 12. The Contractor agrees to have a performance bond and payment bond in place before starting any work on the project per ORS 279C.380. The Contractor agrees to have filed a public works bond with the Construction Contractors Board before starting any work on the project.

ARTICLE 13. The Contractor agrees that every subcontract shall include a provision requiring all subcontractors to have a public works bond filed with the Construction Contractors Board before starting any work on the project per ORS 279C.830.

ARTICLE 14. Contractor certifies that both it and any of its subcontractors are (1) Registered to conduct business in the state of Oregon; (2) are actively licensed with the Oregon Construction minimal requirements.

ARTICLE 15. CONTRACTOR shall:

(1) Make payment promptly, as due, to all persons supplying to such contractor labor or material for the prosecution of the work provided for in such contract.

(2) Pay all contributions or amounts due the State Industrial Accident Fund from such contractor or subcontractor incurred in the performance of the contract.

(3) Not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished.

(4) Pay to the Revenue Department all sums withheld from the employees pursuant to ORS

316.167.

(5) Demonstrate that an employee drug testing program is in place.

ARTICLE 16. The Contractor shall include in each subcontract those provisions required under

ORS 279C.580.

ARTICLE 17. For demolition tasks, if any, the Contractor shall salvage or recycle construction and demolition debris, if feasible and cost-effective.

ARTICLE 18. Tax Laws.

18.1 The Contractor represents and warrants that, for a period of no fewer than six calendar years preceding the effective date of this Agreement, has faithfully complied with:

a) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318;

b) Any tax provisions imposed by a political subdivision of this state that applied

Contractor;

c) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and

d) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.

18.2 Contractor represents and warrants that, throughout the duration of this

Agreement and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of this state. Any violation of this section shall constitute a material breach of this Agreement.

Agreement that Contractor has complied with the tax laws of this state and the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Agreement. Any violation shall entitle PHA to terminate this Agreement, to pursue and recover any and all damages that arise from the breach and the termination of this Agreement, and to pursue any or all of the remedies available under this Agreement, at law, or in equity, including but not limited to:

a. Termination of this agreement, in whole or in part;

b. Exercise of the right of setoff, and withholding of amounts otherwise due and and

c. Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. PHA shall be entitled to recover any and all not limited to direct, indirect, incidental and consequential damages, costs of cure, and costs incurred in securing replacement performance.

These remedies are cumulative to the extent the remedies are not inconsistent, and PHA may pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever.

ARTICLE 19. Reserved.

ARTICLE 20. Additional Terms

(1) Execution and Counterparts. This Contract may be executed in several counterparts, each of which shall be an original, all of which shall constitute one and the same instrument.

(2) Integration. The Contract Documents constitute the entire agreement between the Parties. There are no other understandings, agreements or representations, oral or written, not specified herein regarding this Contract. Contractor, by the signature below of its authorized representative, hereby acknowledges that it has read this Contract, understands it, and agrees to be bound by its terms and conditions.

(3) Governing Law. This Contract shall be governed and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, or suit between County and Contractor that arises out of or relates to the performance of this Contract shall be brought and conducted solely and exclusively within the Circuit Court for Clackamas County, for the State of Oregon. Provided, however, that if any such claim, action, or suit may be brought in a federal forum, it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon.

(4) Compliance with Applicable Law. Contractor shall comply with all federal, state, county, and local laws, ordinances, and regulations applicable to the Work to be done under this Contract including, but not limited to, compliance with the prohibitions set forth in ORS 652.220, compliance of which is a material element of this Contract and failure to comply is a material breach that entitles County to exercise any rights and remedies available under this Contract including, but not limited to, termination for default.

(5) Reserved.

(6) Compliance with Applicable Funding Source Requirements. Contractor shall further comply with any and all terms, conditions, and other obligations as may be required by the applicable State or Federal agencies providing funding for performance under this Contract, whether or not specifically referenced herein. Contractor agrees to take all necessary steps, and execute and deliver any and all necessary written instruments, to perform under this Contract including, but not limited to, executing all additional documentation necessary for PHA to comply with applicable State or Federal funding requirements.

(7) Debt Limitation. This Contract is expressly subject to the debt limitation of Oregon counties set forth in Article XI, Section 10, of the Oregon Constitution, and is contingent upon funds being appropriated therefore. Any provisions herein which would conflict with law are deemed inoperative to that extent.

(8) No attorney fees. No attorney fees shall be paid for or awarded to either party in the course of any dispute, indemnification, or other recovery. It is the intent of the parties that each shall bear the costs of its own legal counsel.

(9) Severability. If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular term or provision held to be invalid.

(10) No Third Party Beneficiaries. PHA and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract.

(11) Waiver. The failure of PHA to enforce any provision of this Contract shall not constitute a waiver by PHA of that or any other provision.

(12) Merger. This Contract constitutes the entire agreement between the parties with respect to the subject matter referenced therein. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Contract. No amendment, consent, or waiver of terms of this Contract shall bind either party unless in writing and signed by all parties. Any such amendment, consent, or waiver shall be effective only in the specific instance and for the specific purpose given. Contractor, by the signature hereto of its authorized representative, is an independent contractor, acknowledges having read and understood this contract, and contractor agrees to be bound by its terms and conditions.

(13) Responsibility for Taxes. Contractor is solely responsible for payment of any federal, state, or local taxes required as a result of the Agreement or the Work including, but not limited, to payment of the corporate activity tax imposed under enrolled HB 3427 (2019 Oregon regular legislative session).

By their signatures below, the parties to this Contract agree to the terms, conditions, and content expressed herein.

HOUSING AUTHORITY OF

CLACKAMAS COUNTY BOARD

Contractor Dated this ___ day of November 2026.

Contractor Signature / Date

Asset Manager, Tanika Cutsforth

Contractor Name / Title - Print or Type

Federal I.D. Number

Business Address - Street, City, State, Zip

State of Oregon CCB License Number

CERTIFICATION

I certify that I am the at the corporation named as Contractor herein, that who signed this Contract on behalf of the Contractor, was then of said corporation; that said Contract was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

- Print or Type