Exhibit2_Firm Name_RFP_00020842TTR_Family Care Services.pdf

(EXHIBIT 2)

UNIVERSITY OF MARYLAND COLLEGE PARK PROPOSAL/CONTRACT

AFFIDAVITS/ADDENDA

BID/PROPOSAL AFFIDAVITS

_________________________________ (Company Name)

A. AUTHORITY

I hereby affirm that I, ________________________ (print name), possess the legal authority to make this Affidavit.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in §19- 103 of the State Finance and Procurement Article of the Annotated Code of Maryland.

"Discrimination" means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners. "Discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination".

Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder agrees to comply in all respects with the State's Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.

The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, §14-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a bid or proposal and:

(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority proposal;

(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the bid or proposal;

(3) Fail to use the certified minority business enterprise in the performance of the contract; or

(4) Pay the certified minority business enterprise solely for the use of its name in the bid or proposal.

Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid.

C. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I affirm that neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, §6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

D. AFFIRMATION REGARDING OTHER CONVICTIONS

I affirm that neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies, has:

(1) Been convicted under state or federal statute of:

(a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or

(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;

(2) Been convicted of any criminal violation of a state or federal antitrust statute;(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. §1961 et seq., or the Mail Fraud Act, 18 U.S.C. §1341 et seq., for acts in connection with the submission of bids or proposals for a public or private contract;

(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. §1961 et seq., or the Mail Fraud Act, 18 U.S.C. §1341 et seq., for acts in connection with the submission of bids or proposals for a public or private contract;

(4) Been convicted of a violation of the State Minority Business Enterprise Law, §14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(5) Been convicted of a violation of §11-205.1 of the State Finance and Procurement; Article of the Annotated Code of Maryland;

(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1)—(5) above;

(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of bids or proposals for a public or private contract;

(8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract; or

(9) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§B and C and subsections D(1)—(8) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):

E. AFFIRMATION REGARDING DEBARMENT

I affirm that neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities, including obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the details of each person's involvement in any activity that formed the grounds of the debarment or suspension).

F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES

I FURTHER AFFIRM THAT:

(1) The business was not established and it does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and (2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification):

G. SUB-CONTRACT AFFIRMATION I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction.

H. AFFIRMATION REGARDING COLLUSION I

FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business has:

(1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying bid or offer that is being submitted;

(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or price proposal of the bidder or offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying bid or offer is submitted.

I. CERTIFICATION OF TAX PAYMENTI FURTHER AFFIRM THAT:

Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.

J. CONTINGENT FEES IFURTHER AFFIRM THAT:

The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract.

K. ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this bid or proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT

THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY

KNOWLEDGE, INFORMATION, AND BELIEF.

Date: _______________________

By: ______________________________ (print name of Authorized Representative/Affiant)

______________________________ (signature of Authorized Representative/Affiant)

_______________________________ (Company Name)

CONFLICT OF INTEREST INFORMATION

A. Each solicitation that will result in the selection of a Contractor who will assist a unit in theformation, evaluation, selection, award, or execution of a State contract shall provide notice of the requirement of this regulation.

B. "Conflict of interest" means that, because of other activities or relationships with otherpersons, a person is unable or potentially unable to render impartial assistance or advice to the State, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

C. "Person" has the meaning stated in COMAR 21.01.02.01B (64) and includes a bidder, offeror,Contractor, consultant or subcontractor or subconsultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a bid or offer is made.

D. If the Procurement Officer makes a determination prior to award that facts or circumstancesexist giving rise or which could in the future give rise to a conflict in interest, the procurement officer may reject a bid or offer under COMAR 21.06.02.03B.

E. After award the State may terminate the contract, in whole or in part, if it deems suchtermination necessary to avoid an actual or potential conflict of interest. If the Contractor knew or reasonably could have been expected to know of an actual or potential conflict of interest prior to or after award and did not disclose it or misrepresented relevant information to the Procurement Officer, the State may terminate the contract for default, institute proceedings to debar the Contractor from further State contracts, or pursue such other remedies as may be permitted by law or the contract.

F. A conflict of interest may be waived if the Procurement Officer, with approval of the agencyhead or designee, determines that waiver is in the best interest of the State. The determination shall state the reasons for the waiver and any controls that avoid, mitigate, or neutralize the conflict of interest.

G. Each bidder or offeror responding to a solicitation that will result in the selection of aContractor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract shall provide the affidavit and disclosures set forth in Subsection H of this regulation to the Procurement Officer with the bid or offer and such other times as may be required by the Procurement Officer.

H. The affidavits and disclosures required by Subsection G of this regulation shall be insubstantially the same form as follows:

1. "Conflict of interest" means that because of other activities or relationships with otherpersons, a person is unable or potentially unable to render impartial assistance or advice to the State, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

CONFLICT OF INTEREST INFORMATION

2. "Person" has the meaning stated in COMAR 21.01.02.01B(64) and includes a bidder, offeror,Contractor, consultant, or subcontractor or subconsultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a bid or offer is made.

3. The bidder or offeror warrants that, except as disclosed in D below, there are no relevantfacts or circumstances now giving rise or which could, in the future, give rise to a conflict of interest.

4. The following facts or circumstances give rise or could in the future give rise to a conflict ofinterest (explains in detail--attach sheets if necessary):

5. The bidder or offeror agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the bidder or offeror will immediately make a full disclosure in writing to the Procurement Officer of all relevant facts and circumstances. This disclosure shall include a description of actions which the bidder or offeror has taken and proposes to take to avoid, mitigate, or neutralize the actual or potential conflict of interest. If the contract has been awarded and performance of the contract has begun, the Contractor shall continue performance until notified by the Procurement Officer of any contrary action to be taken.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT

THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY

KNOWLEDGE, INFORMATION AND BELIEF.

Date:______________ By: ______________________________________ (Signature of Authorized Representative/Affiant)

Printed Name: ______________________________________

Title: _______________________________________

Company Name: _______________________________________

Federal Employer Identification Number (FEIN): ______________________________

PRINCIPLES OF SOCIAL RESPONSIBILITY and

SOCIAL RESPONSIBILITY AFFIDAVIT

I. Principles of Social Responsibility

A. As provided for in Section VIII. C. of the University System of Maryland Procurement Policies and Procedures, the University is required to make purchases from and award contracts to “responsible” contractors. The Procurement Officer may use certain factors, including but not limited to a satisfactory record of integrity and business ethics to determine if a bidder or offeror is responsible. The University has determined that a bidder or offer’s record of integrity and business ethics includes a demonstrated commitment to providing goods and services in an ethical, and socially and environmentally responsible manner by compliance with all applicable:

(1) Federal and state labor relations and employment laws;

(2) Federal and state non-discrimination in employment laws;

(3) State of Maryland Commercial Nondiscrimination laws;

(4) State of Maryland, Minority Business Enterprise (“MBE”) laws; and,(5) Federal and state health, safety and environmental laws.

The above laws are referred to as “Social Responsibility Laws.” The bidder or offeror’s compliance with the above laws is referred to as “Social Responsibility.”

B. Each bidder or offeror shall complete a Social Responsibility Affidavit, in the form thatfollows, as part of a bid or proposal submitted to the Procurement Officer in response to any solicitation to furnish goods or services of any kind including, but not limited to architectural or engineering services; construction; construction related services;

maintenance; consulting; information technology (hardware, software and services);

equipment or other commodities.

C. The Procurement Officer shall consider information provided in the Social ResponsibilityAffidavit to determine if a bidder or offeror is responsible. A determination that a bidder or offeror is not responsible may be considered as the basis for eliminating that bidder or offeror from further consideration for a contract award.

D. After award, the University may terminate a contract for default if the bidder or offeror did notdisclose the requested information; misrepresented relevant information to the Procurement Officer; or was subject to a final judgment of non-compliance with applicable Social Responsibility Laws post-award. In such cases, the University may also institute proceedings to debar the vendor from further State contracts, or pursue such other remedies as may be permitted by law or the contract.

F. The bidder or offeror agrees that if it is the subject of a final, non-appealable judgment withrespect to compliance with applicable Social Responsibility Laws after the date of this affidavit, the bidder or offeror will immediately make a full disclosure in writing to the Procurement Officer of all relevant facts and circumstances. This disclosure shall include a description of actions which the bidder or offeror has taken or proposes to take to correct the violation. If the contract has been awarded and performance has begun, the vendor shall continue performance until notified by the Procurement Officer of any contrary action to be taken.

G. CERTIFICATION OF COMPLIANCE WITH SOCIAL RESPONSIBILITY LAWS I HEREBY

AFFIRM THAT:

1. There has been no final, non-appealable judgment made during the last five years against the bidder or offeror for noncompliance with federal or state labor relations and other employment laws or regulations, including but not limited to the National Labor Relations Act, as amended; the Davis-Bacon Act, as amended; the Fair Labor Standards Act, as amended; the Maryland Living Wage law, State Finance and Procurement Article, §18-101 et seq., Annotated Code of Maryland; the Maryland Prevailing Wage law, State Finance and Procurement Article, §17-201 et seq., Annotated Code of Maryland; federal and state child labor laws; federal minimum wage laws and; the Family Medical Leave Act, except as follows (explain below or add additional sheets):

2. There has been no final, non-appealable judgment made during the last five years against the bidder or offeror for violation of federal or state non-discrimination in employment laws or regulations, including but not limited to laws prohibiting discrimination on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or disability unrelated in nature and except so as to reasonably preclude the performance of the employment, except as follows (explain below or add additional sheets):

3. There has been no final, non-appealable judgment made during the last five years against the bidder or offeror for violation of the State of Maryland Commercial Non- Discrimination Policy, State Finance and Procurement Article, §19-101 et seq., Annotated Code of Maryland, except as follows (explain below or add additional sheets):

4. There have been no instances during the last five years of failure by the bidder or offeror to meet mutually agreed upon goals for minority business participation (MBE) on projects performed for the University or any other State of Maryland agency, or any other sanctions for MBE program non-compliance; or any final, non-appealable judgment of noncompliance with the State of Maryland Minority Business Participation law, State Finance and Procurement Article, § 14-308 et seq., Annotated Code of Maryland, except as follows (explain below or add additional sheets):

5. There has been no final, non-appealable judgment made during the last five years against the bidder or offeror for violation of federal or state health, safety or environmental laws or regulations , including but not limited to the U.S. Occupational Safety and Health Act standards; Maryland Occupational Health and Safety laws, State Labor and Employment Article, § 5-101 et seq., Annotated Code of Maryland, or the Federal Noise Control Act of 1972, except as follows (explain below or add additional sheets):

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT

THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY

KNOWLEDGE, INFORMATION AND BELIEF.

Date: ______________ By: ____________________________________ (Authorized Representative / Affiant)

(Company Name)

CONTRACT AFFIDAVIT

A. AUTHORITY

I HEREBY AFFIRM THAT:

I, ________________________ (print name), possess the legal authority to make this Affidavit.

B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE

DEPARTMENT OF ASSESSMENTS AND TAXATION I FURTHER AFFIRM

THAT:

The business named above is a (check applicable box):

(1) Corporation — □ domestic or □ foreign;

(2) Limited Liability Company — □ domestic or □ foreign;

(3) Partnership — □ domestic or □ foreign;(4) Statutory Trust — □ domestic or □ foreign; (5) □ Sole Proprietorship.

and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is:

Name: _______________________________ Department ID Number: _____________________________ Address:_______________________________ and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that true name and address of the principal or owner as:

Name and Department ID Number:____________________________________________ Address:__________________________________________________.

Pursuant to §7-201 et seq. of the Corporation and Associations Article of the Annotated Code of Maryland, corporations not incorporated in the State of Maryland shall be registered with the State Department of Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21201 before doing any interstate or foreign business in this State. NOTE: The forms for registration are available from the website http://www.dat.state.md.us/sdatweb/sdatforms.html For further help call (410) 767-1340 or email: charterhelp@dat.state.md.us.

http://www.dat.state.md.us/sdatweb/sdatforms.html

C. FINANCIAL DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT:

I am aware of, and the above business will comply with, the provisions of State Finance and Procurement Article, §13-221, Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $200,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $200,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business.

NOTE: The financial disclosure form is available under on the following web site:

http://www.sos.state.md.us/PublicDisclosure.aspx.For further information, go to www.sos.state.md.us

D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT:

I am aware of, and the above business will comply with, Election Law Article, §§14-101 — 14- 108, Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other agreements with the State of Maryland, including its agencies or a political subdivision of the State, during a calendar year in which the person receives in the aggregate $200,000 or more shall file with the State Board of Elections a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election.

NOTE: The political contribution disclosure form is available at http://www.elections.state.md.us/campaign_finance/disclosure_of_contributions.html.

Frequently asked questions and answers are available from this website.

E. DRUG AND ALCOHOL FREE WORKPLACE

(Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head’s designee has determined that application of COMAR

21.11.08 and this certification would be inappropriate in connection with the law enforcement agency’s undercover operations.) I CERTIFY THAT:

(1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this certification.

(2) By submission of its bid or offer, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall:

(a) Maintain a workplace free of drug and alcohol abuse during the term of the contract;

(b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or http://www.sos.state.md.us/PublicDisclosure.aspx http://www.elections.state.md.us/campaign_finance/disclosure_of_contributions.html alcohol is prohibited in the business' workplace and specifying the actions that will be taken against employees for violation of these prohibitions;

(c) Prohibit its employees from working under the influence of drugs or alcohol;

(d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;

(e) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred;

(f) Establish drug and alcohol abuse awareness programs to inform its employees about:

(i) The dangers of drug and alcohol abuse in the workplace;

(ii) The business's policy of maintaining a drug and alcohol free workplace;

(iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and

(iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace;

(g) Provide all employees engaged in the performance of the contract with a copy of the statement required by §E(2)(b), above;

(h) Notify its employees in the statement required by §E(2)(b), above, that as a condition of continued employment on the contract, the employee shall:

(i) Abide by the terms of the statement; and

(ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction;

(iii) Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii),above, or otherwise receiving actual notice of a conviction;

(i) Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:

(i) Take appropriate personnel action against an employee, up to and including termination; or (ii)Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and

(k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of §E(2)(a)—(j), above.

(3) If the business is an individual, the individual shall certify and agree as set forth in §E(4),below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract.

(4) I acknowledge and agree that:

(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification;

(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR

21.07.01.11 or 21.07.03.15, as applicable; and

(c) The violation of the provisions of COMAR 21.11.08 or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR 21.08.03.

E. CERTAIN AFFIRMATIONS VALID I FURTHER AFFIRM THAT:

To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgements contained in that certain Bid/Proposal Affidavit dated ________ , 20___ , and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT

THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY

KNOWLEDGE, INFORMATION, AND BELIEF.

Date: ______________

By: __________________________ (printed name of Authorized Representative/ Affiant)

_________________________________ (signature of Authorized Representative/ Affiant)

CORPORATE DIVERSITY ADDENDUM (I)

Instructions: Pursuant to § 11-101 of the Tax-Property Article, certain entities must provide a Corporate Diversity Addendum, which contains certain diversity data specified by Code of Maryland Regulation (“COMAR”) 24.01.07. To determine whether you must provide the Corporate Diversity Addendum, please complete Worksheet A.

Failure to complete the Addendum or failure to meet the criteria therein, may prohibit you from receiving certain State benefits. For more information, refer to COMAR 24.01.07.

Please be aware, the information you include in the Corporate Diversity Addendum may be shared with other Maryland State agencies.

Worksheet A

1. Are you an entity that is required to be in good standing with the State Department of Assessments and Taxation (“SDAT”), and meets the following definition:

(1) A commercial enterprise or business that is formed in the State or registered with SDAT to do business in the State; or (2) a corporation, foundation, school, hospital, or other legal entity for which none of the net earnings inure to the benefit of any private shareholder or individual holding an interest in the entity?

☐ Yes – Proceed to Question 2

☐ No – STOP. You are not required to complete the Corporate Diversity Addendum. Complete Affidavit (I) on Page 2 and submit with the application for a State benefit.

2. Check the appropriate box if you are any of the following types of entities:

☐ Sole Proprietor

☐ Limited liability company (LLC) owned by a single member

☐ Privately held company if at least 75% of the company’s shareholders are family members ☐ Entity that (1) has an annual operating budget or annual sales less than $5,000,000; and (2) has not qualified for or applied for, and does not intend to apply for, a State benefit, as defined below

Did you check at least one box?

☐ Yes – STOP. You are not required to complete the Corporate Diversity Addendum.

Complete Affidavit (I) on Page 2 and submit with the application for a State benefit.

☐ No – Proceed to the Corporate Diversity Addendum on Page 3.

“State benefit” means (1) a State capital grant funding totaling $1.0 million or more in a single fiscal year (July 1 – June 30); (2) State tax credits totaling $1.0 million or more in a single fiscal year (July 1 – June 30); or (3) the receipt of a State contract with a total value of $1.0 million or more. “State contract” means a contract that (a) resulted from a competitive procurement process and (b) is not federally funded in any way.

CORPORATE DIVERSITY ADDENDUM

AFFIDAVIT (I)

UNDER PENALTIES OF PERJURY, I hereby swear that the entity submitting this report is not required to submit the Corporate Diversity Addendum.

Entity/Business Name:

Federal Employer Identification Number (FEIN):

SDAT Identification Number:

Name of Entity’s representative completing this Affidavit (print clearly):

Title:

Signature: _______________________________________

Date:________________________

CORPORATE DIVERSITY ADDENDUM (II)

Instructions: If you are required to provide the Corporate Diversity Addendum, completing Affidavit (II) on Page 4 is mandatory. A response to both items is required. Failure to provide a complete response to either of the two items may render the entity ineligible for certain state benefits. For more information, refer to COMAR 24.01.07.

I. A response to Item I is required. However, the content of your response has no bearing on eligibility for State benefits. Select below the underrepresented communities which are represented on this entity’s board or in executive leadership. Select all that apply.

☐ Alaska Native ☐ Asian-Pacific Islander esca ☐ Black or African-American ☐ Hispanic or Latino ☐ Native American ☐ Native Hawaiian ☐ One or more of the racial or ethnic groups listed above ☐ None of the above

II. Check the box next to the following Corporate Diversity indicators that pertain to this entity. Note that references to underrepresented communities refers to communities listed in Item I above. The examples provided are intended to be representative, not exclusive. Select all that apply.

1. ☐ Entity maintains written workforce diversity, equity, and inclusion (“DEI”) policies.

2. ☐ Entity offers DEI training to its workforce.

3. ☐ Entity assigns a senior-level employee as responsible for oversight and direction of the entity’s DEI efforts.

4. ☐ Entity reports performance of its workforce DEI programs on its website.

5. ☐ Entity includes DEI objectives in performance plans of its managers.

6. ☐ Entity publishes information on its website about its DEI commitments and efforts.

7. ☐ Entity provides career advancement training/opportunities for employees, including members of underrepresented communities.

8. ☐ Entity collaborates with educational institutions, or is an educational institution, serving significant or predominant student populations or affinity groups from underrepresented communities (e.g., career fairs, scholarships, internships, apprenticeships).

9. ☐ Entity has a supplier diversity policy that provides business opportunities to diverse suppliers, including businesses owned by members of underrepresented communities, such as State-certified Minority Business Enterprises (“MBEs”).

10. ☐ Entity publicizes its procurement opportunities to encourage participation from businesses owned by members of underrepresented communities.

11. ☐ Entity measures percentage of contract dollars awarded to businesses owned by members of underrepresented communities, including MBEs.

12. ☐ Entity provides support and outreach to underrepresented communities and/or organizations that represent underrepresented communities.

Only entities that meet at least 33% (4) of the Corporate Diversity Indicators above, by checking all the applicable boxes, qualify to receive a State benefit.

CORPORATE DIVERSITY ADDENDUM

AFFIDAVIT (II)

UNDER PENALTIES OF PERJURY, I declare that I have examined this Corporate Diversity Addendum, and to the best of my knowledge and belief, it is true, correct, and complete.

Entity/Business Name:

Federal Employer Identification Number (FEIN):

SDAT Identification Number:

Name of Entity’s representative completing this Affidavit (print clearly):

Title:

Signature _____________________________________________

Date___________________________

Penalties for Submitting False Information. If information provided by the entity in this form or by other means is materially false, the entity and the individual providing the false information may be subject to criminal prosecution for perjury, procurement fraud, and other crimes and may be subject to debarment, and all State benefits or contracts to the entity made in reliance upon the inaccurate form or other information may be void or subject to termination for d

UNIVERSITY OF MARYLAND

IT ACCESSIBILITY ADDENDUM

Name and address of Contractor, Licensor, Offeror (herein, “Seller”):

UMD Contract/RFP/PO (“Contract”):

Product/Service (“Deliverables”):

Effective Date:

THIS INFORMATION TECHNOLOGY (IT) ACCESSIBILITY ADDENDUM BETWEEN SELLER AND THE

UNIVERSITY OF MARYLAND (UNIVERSITY) IS HEREBY INCORPORATED INTO THE CONTRACT AND APPLIES

TO THE SELLER’S DELIVERABLES AS DEFINED HEREIN.

I. Background.

A. The University of Maryland (“University”) is committed to creating and maintaining a welcoming and inclusive educational and working environment for people of all abilities, and to ensuring equal access to information and services for all its constituencies. The University’s Web Accessibility Policy sets minimum standards for the accessibility of all university Web pages used to conduct core university business and academic activities to ensure compliance with applicable state and federal regulations, specifically, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990.Web-based information and services delivery are the primary means by which the campus community and its visitors communicate and conduct business.

B. It is the shared goal of the Parties for all web-based deliverables provided pursuant to the Contract (including, but not limited to, off the shelf software, custom developed software, and related goods or services used to create, maintain or update the University’s Web pages, Web content, Web-based applications, online instructional content, services and resources) (herein, “Deliverables”) to comply with University policy and applicable law, and to provide substantially similar functionality, experience, ease of use, and information access to individuals with disabilities as they provide to individuals without disabilities.

II. Representations.

A. Except as specifically provided herein, Seller represents and warrants that all Deliverables shall conform and continue to conform during the Term of this Agreement to the W3C Web Content Accessibility Guidelines, version 2.0 (WCAG 2.0) level A and AA and any other accessibility standards required by law (herein, collectively, the Accessibility Standards).

B. Seller agrees to provide evidence of compliance with Accessibility Standards before this Agreement becomes effective and any other time upon request of the University.

C. In the event any Deliverables do not fully conform to the Accessibility Standards at any time, as a continuing and ongoing duty, Seller must notify University of such nonconformance and immediately provide detailed information regarding its plan to achieve conformance, including but not limited to a roadmap and timeline for compliance and a proposal to provide equal access, at no cost to the University, until such time as the Deliverables are fully compliant.

III. Accessibility Assessment.

A. Upon written request, Seller will provide University with accessibility testing results, demo of accessibility features and/or other written documentation as assurance and verification of compliance with the Accessibility Standards. Parties agree that a current Voluntary Product Accessibility Template (VPAT) version 2.3 or higher (available at https://www.itic.org/policy/accessibility/vpat) shall satisfy this requirement.

B. University may opt to conduct an independent assessment of the accessibility of the Deliverables but will not be responsible for doing so.

IV. Resolution of Accessibility Matters.

A. Seller designates the following as its point of contact for accessibility matters arising under this Addendum:____________________________________

B. Seller shall promptly respond to complaints about accessibility made by the University, or any third party who may have standing to bring an accessibility claim related to the Deliverables.

Seller shall give priority to resolving any such complaint.

C. Upon receipt of a complaint, or notice of failure to comply with the Accessibility Standards, Seller shall promptly meet with University representatives and mutually agree upon an appropriate timeline by which Seller will resolve, at no cost to the University, any identified accessibility issue(s).

D. Seller agrees to defend, indemnify and hold harmless the University from and against all claims, costs, fines, and other liabilities arising from or connected to any Deliverable’s nonconformance with the Accessibility Standards or Seller’s failure to comply with the requirements of this Addendum.

V. General.

A. Failure to comply with any terms of this Addendum shall constitute a material breach of this Agreement and shall be grounds for termination by the University.

B. This Addendum is attached to and incorporated as part of the Contract. The terms of this Addendum shall take priority over and replace any related terms contained in the Contract or any Seller terms of use, click through/user licenses, or privacy policies.

ACCEPTED AND AGREED TO BY:

Seller (signature)

Name of authorized official

Title of authorized official

Date

UNIVERSITY OF MARYLAND COLLEGE PARK

SENSITIVE AND SECURE DATA ADDENDUM

Name of Vendor/Contractor:

UMD Contract Number:

Product or Service:

Address for Notices and Reports to UMD: soc@umd.edu (or the then-current security email address made available by UMD)

THIS ADDENDUM IS HEREBY INCORPORATED INTO THE CONTRACT IDENTIFIED ABOVE

(“CONTRACT”) BETWEEN THE CONTRACTOR NAMED ABOVE (“CONTRACTOR”) AND UNIVERSITY OF

MARYLAND (“UMD”).

1) DEFINITIONS

a. “Appropriate Measures” shall mean compliance with applicable regulatory and industry requirements, as well as best practices for administrative, technical, and physical security controls; provided however, that in no case shall such measures provide less than equivalent protection to that described in the security standards and controls of NIST SP 800-53 “Security and Privacy Controls for Federal Information Systems and Organizations” (Moderate Baseline).

b. “Security Incident” means any actual, suspected, alleged, or potential unauthorized use, access to, disclosure, loss, breach, or alteration of UMD Data. Unsuccessful attempts to access information or “pings” on the system do not constitute a Security Incident.

c. “UMD Data” means without limitation all information, data, personal data, sound, image, video, or other files, including applications, that are provided to, uploaded to, stored, or otherwise accessible by Contractor pursuant to or in connection with the Contract.

Personal data includes, but is not limited to, personally identifiable information (as defined in applicable law), including without limitation name, address, phone number, date of birth, Social Security Number, and student or personnel identification number; FERPA Data (as that term is defined below); cardholder data; biometric information; geolocation data; internet or other electronic network activity information, including IP address; driver’s license number; other state or federal identification numbers such as passport, visa, or state identity card numbers; account number or credit or debit card number, or an account number or credit card number in combination with any required security code, access code or password that would permit access to an individual’s financial account; personal health information (as defined in applicable statutes, laws, and regulations); and such other data and information as may be specified by applicable law as “personal data,” “personal information,” “personally identifiable information” or the equivalent.

d. “UMD Resources” includes without limitation software, hardware, configurations, and licenses.

mailto:soc@umd.edu

2) GENERAL

a. All rights, title, and interest in UMD Data and UMD Resources shall at all times remain the property of UMD. Contractor acquires no rights other than those expressly granted in the Contract.

b. Upon termination or expiration of the Contract, all UMD Resources shall be restored to UMD.

c. Contractor represents and warrants that, to the best of its knowledge, Contractor’s software and all its components do not violate any patent, trademark, trade secret, copyright, or any other right of ownership of any other party.

d. To the extent that assignment, delegation, or subcontracting is permitted by the Contract, Contractor shall contractually require any subcontractors or assignees providing services to UMD pursuant to the Contract to comply with this Addendum. Contractor shall disclose to UMD any subcontractors related to the services to be provided to UMD.

e. Contractor shall establish and maintain Appropriate Measures, to protect against:

1) Unauthorized access to, or destruction, loss, or alteration of the UMD Data or UMD Resources; and

2) Interruptions to services and/or unavailability of materials provided pursuant to the Agreement, subject to any limitations described in the Agreement.

For purposes of clarity, paragraphs 1) and 2) are exemplary risks, the inclusion of which does not limit the applicability of the Appropriate Measures to protect against other risks.

f. UMD or its auditors shall have the right to audit Contractor’s security related to the processing, transport, or storage of UMD Data.

g. Contractor shall maintain a business continuity plan to address disaster recovery of UMD Data.

Contractor shall provide satisfactory details of such plan to UMD upon request.

h. Contractor shall ensure continuity of services in the event of Contractor being acquired or a change in Contractor’s management.

i. Notwithstanding anything in the Contract to the contrary:

1) Contractor shall not have the unilateral right to limit, suspend, or terminate the service (with or without notice and for any reason); and

2) Contractor shall not disclaim liability for third-party action or negligence.

j. Contractor shall make available audit logs that include, but are not limited to, the recording of privileged user and regular user access activities, authorized and unauthorized access attempts, system exceptions, and information security events (as available).

3) UMD DATA

a. In connection with the Contract, Contractor may: create, host, maintain, receive UMD Data from or on behalf of UMD and/or its students; and/or have access to, records or record systems containing UMD Data.

b. Contractor shall not use, access, share, sell, disclose, re-release, or distribute UMD Data unless:

1) Expressly permitted or required by the Contract, and as necessary to fulfill its obligations under the Contract;

2) Required by applicable law or other legal process; or

3) Otherwise authorized by UMD in…