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Sign Up for Power3 Services Now!

This is an online contract with binding eSignature designed for a smooth and simple sign-up to begin services. Once a signed Contract Agreement is submitted to Power3, you will receive contact within 24 hours to setup a kick-off meeting and finalize any remaining details. Please contact Business@Power3.com if you have any questions!

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Please select the service(s) that you are signing up for, check all that apply:
Recruiting Services Statement of Work (SOW)
Select Option for Weekly Recruiting Package

Recruiting Services Description:

Consultant(s) will act as dedicated Recruiting Consultant for the Client.  This includes the following:

  • Coordinate with client as needed to obtain resources/information and communicate status on candidates as required
  • Identify job openings from contract sources and post jobs proactively
  • Source qualified candidates through various means including job applicants, networking, source from internal database, LinkedIn, online profiles (AI captures) and various other means
  • Thorough screening of applicants including work experience requirements
  • Effectively communicate benefits and programs, company culture using client resources
  • Salary negotiation with parameters to be provided by Client
  • Coordinate acceptances and communicate rejections
  • Work with client and primes (if applicable) to coordinate interviews and offers
  • Provide consistent feedback to client on recruiting needs, limitations and/or successes to demonstrate what is attracting candidates
  • Build resume database with potential future candidates as requested
  • Create presence in industry for Client through promoting job openings on various social media platforms as requested
  • Consultant may also support incoming applicant review for the client as needed

Client Responsibilities 

The Client is responsible for providing the following to the Consultant to ensure that the Consultant is able to deliver quality results:

  • Full and accurate Job descriptions (and/or job templates where possible)
  • Salary range for each position, Job location or any other specifications that may assist with recruiting qualified candidates
  • Benefits and marketing materials to provide to potential candidates
  • Provide FSO security check in a timely manner as required
  • Fast turnaround for any internal interviews (preferably within 48-72 hours)
  • Feedback and status of candidates once submitted
  • Notice when Candidate is hire

Consultant Responsibility

Productivity is defined by demonstrating that the consultant is able to manage expectations and tasks, provide excellent communication with the client, maintain professional support within the parameters of this agreement and the ability to show work as requested. The consultant is expected to be available to the client upon specific request for meetings by the client, based on mutually scheduled time. All information will be confidential per the terms of the Client Consulting Agreement.

Place of Work

Work is to be performed at consultants location and schedule, using the consultants resources, with productivity being the key indicator of success.

Terms of Agreement

The following are terms of the agreement as designated between client and consultant:

  • The selected services are performed on an ongoing basis with a commitment of a minimum of six (6) months.
  • The client agrees to notify Power3, in writing, if an improvement to our services is requested, and allow Power3 thirty (30) days to make adjustments and show improved performance on such requests.
  • After the minimum service period, the client may terminate the agreement with a minimum of thirty (30) days written notice.
  • Hours are per week and monthly total hours may vary slightly depending on timing of weeks and or days within a given month.
  • Power3 may make staffing changes to the consultant providing services with the understanding that there will not be a break in service.
  • Any changes to the terms in this agreement require written notice to Power3 Solutions and may be subject to a fourteen (14) day notice prior to taking effect.

Payment Terms

Power3 payment terms are as follows:

  • Invoices will be sent on a monthly basis, within five (5) calendar days of the first day of each month.
  • Client is required to pay Consultant Firm within 15 days of receipt of monthly invoice (Net15). 
  • Power3 Solutions will charge a flat rate one time initial setup fee of $400, that will be included in the first invoice.
  • Rates for services are subject to change, Client will be given a 30 day notice of a pending rate change.
  • Should the Client terminate without allowing Power3 to complete the contract per the terms agreed of a 30 day notice, Power3 will charge the full 30 days of service on the final invoice.
  • A final invoice will be sent within three (3) days of the last day of performance.
  • Client will have the option to submit payment directly through our invoice portal, set up an ACH, or wire transfer payments.
Applicant Tracking System Requirement

Client must agree to have an accessible applicant tracking system for Recruiting services. The client has the option to share access to client ATS or have Power3 create a user in Power3’s ATS to manage candidates.

If the client does not currently have an ATS but would like to establish one, Power3 will provide assistance in setting up the Catsone ATS. If you elect to use Power3’s ATS this requires a user seat*, and is $99/month to be included in the monthly invoice. Should the cost of the system increase, that amount will automatically be updated in the monthly invoice with written notice to the client. Client agrees to provide access, if required, to Power3 no later than the third (3rd) day work begins.

Select the appropriate choice for your ATS Requirement:
(Optional) Technical Template Writing Services

Technical writing services improve communication, creating clear resumes and job templates for a better candidate representation with primes. Consultant(s) will act as a dedicated Technical Writer for LCAT Templates to support clients submitting candidates for government contracts and/or proposal data calls.  This includes the following:

  • Coordinate with client regarding needs for template writing services
  • Respond rapidly for fast turnaround to review, schedule candidate interview, etc
  • Use existing template to review experience and corresponding requirements on template
  • Interview the candidate to determine needs and requirements not addressed in the resume
  • Identify opportunities for improvement and eliciting information to enhance the template response
  • Provide completed template to client for submission

Client Responsibility

The client is responsible for providing the blank template, job description and resume with contact information.

Optional Add-on for Template Writing Services
By checking this box, I am confirming that I would like Recruiting services above as indicated.
I confirm that by entering my name below I am signing a binding agreement with Power3 Solutions, LLC, effective on the date provided above.
Name
Name
First
Last
Human Resources Services
Human Resources Options:

HR Management and Administration Full Support Description

HR Consultant(s) will act as dedicated Human Resources providers  to support the Client in all aspects of HR services. The HR Manager will provide additional guidance required on interpreting laws, updating and/or writing new policies, strategizing, benefit selection and oversight of employee relations issues, etc. HR Services may include the following:

HR Management responsibilities:

  • HR Manager will ensure compliance with state and federal law on all matters related to human resources and employment/labor laws, including things such as health and safety, time management, USERRA, HIPPA and other laws as required
  • HR Manager will provide guidance and support  in areas of employee relations issues such as performance improvement plans and involuntary terminations
  • Provide input and feedback to client regarding employee needs, engagement activities and insights that may support employee retention
  • Provide guidance and support other areas of the business as it relates to HR needs
  • As requested, provide HR Strategy, benefit selection, HR System implementations and improvements, and enhancement support and marketing of benefits to existing and potential employees.
  • Provide guidance and support to the client and client employees on all aspects of employment policies in accordance with local, state and federal laws as well as employee handbook with HR Management support as required.
  • Process onboarding of new employees, including new hire orientation, all required paperwork, filing and administration of new hire, MD New hire reporting, etc
  • HR system data input and updates for employee onboarding, change requests, terminations and payroll
  • Provide guidance and support to the client and client employees for benefits administration including enrollments, changes and terminations.
  • Provide benefits policy interpretation and coordinate with brokers to obtain information as needed for Health plans, HSA, 401k and other benefits with HR Management support as required.
  • Provide guidance on leave policies and leave regulations per state and federal law, with HR Management support as needed.
  • Administer performance reviews and incentives per client request
  • Process COBRA or Maryland Continuation of Benefits, unemployment and other requirements
  • Provide ‘customer service’ to employees on all questions and needs as it relates to employment services with HR Management support as needed

Client Responsibility

Client agrees, as requested, to provide HR Strategy, benefit selection, HR System implementations and improvements, and enhancement support and marketing of benefits to existing and potential employees. 

Consultant Responsibility

Productivity is defined by demonstrating that the consultant is able to manage expectations and tasks, provide excellent communication with the client, maintain professional support within the parameters of this agreement and the ability to show work as requested. The consultant is expected to be available to the client upon specific request for meetings by the client, based on mutually scheduled time. All information will be confidential per the terms of the Client Consulting Agreement.  

Place of Work

Work is to be performed at consultants location and schedule, using the consultants resources, with productivity being the key indicator of success.  

Terms of Agreement

The following are terms of the agreement as designated between client and consultant: 

  • The selected services are performed on an ongoing basis.
  • The client agrees to notify Power3, in writing, if an improvement to our services is requested, and allow Power3 thirty (30) days to make adjustments and show improved performance on such requests.
  • Hours are per week and monthly total hours may vary slightly depending on timing of weeks and or days within a given month.
  • Power3 may make staffing changes to the consultant providing services with the understanding that there will not be a break in service.
  • Any changes to the terms in this agreement require written notice to Power3 Solutions and may be subject to a fourteen (14) day notice prior to taking effect.

Payment Terms

Power3 payment terms are as follows: 

  • Invoices will be sent on a monthly basis, within five (5) calendar days of the first day of each month.
  • Client is required to pay Consultant Firm within 15 days of receipt of monthly invoice (Net15).
  • Power3 Solutions will charge a flat rate one time initial setup fee of $400, that will be included in the first invoice.
  • Rates for services are subject to change, Client will be given a 30 day notice of a pending rate change.
  • A final invoice will be sent within three (3) days of the last day of performance.
  • Client will have the option to submit payment directly through our invoice portal, set up an ACH, or wire transfer payments.
By checking this box, I am confirming that I would like Human Resources services with Power3 for an hourly rate of $135.
I confirm that by entering my name below I am signing a binding agreement with Power3 Solutions, LLC, effective on the date provided above.
Name
Name
First
Last
HR Hotline Support Description

HR services ensures a comprehensive approach to talent management, covering recruitment, onboarding, and employee development. Consultant(s) will act as dedicated Human Resources providers to support the Client in all aspects of HR services.  Our HR Hotline is designed to provide an HR Resource as your sole HR provider or an Expert resource to an existing HR person or team. We can provide any and all HR Services strictly on an as-needed basis, with monthly tips, reminders and updates to ensure that you’re aware of HR needs.

HR Hotline Support Including, but not limited to: 

  • Provide guidance and support to the client and client employees on all aspects of employment policies in accordance with local, state and federal laws as well as employee handbook with HR Management support as required.
  • Process onboarding of new employees, including new hire orientation, all required paperwork, filing and administration of new hire, MD New hire reporting, etc
  • HR system data input and updates for employee onboarding, change requests, terminations and payroll
  • Provide guidance and support to the client and client employees for benefits administration including enrollments, changes and terminations.
  • Provide benefits policy interpretation and coordinate with brokers to obtain information as needed for Health plans, HSA, 401k and other benefits with HR Management support as required.
  • Provide guidance on leave policies and leave regulations per state and federal law, with HR Management support as needed.
  • Administer performance reviews and incentives per client request
  • Process COBRA or Maryland Continuation of Benefits, unemployment and other requirements
  • Provide ‘customer service’ to employees on all questions and needs as it relates to employment services with HR Management support as needed
  • HR Manager will ensure compliance with state and federal law on all matters related to human resources and employment/labor laws, including things such as health and safety, time management, USERRA, HIPPA and other laws as required
  • HR Manager will provide guidance and support  in areas of employee relations issues such as performance improvement plans and involuntary terminations
  • Provide input and feedback to client regarding employee needs, engagement activities and insights that may support employee retention
  • Provide guidance and support other areas of the business as it relates to HR needs

If regular support is needed, we may recommend that you consider our direct HR Services to have a dedicated HR consultant. 

Client Responsibility

Client agrees, as requested, to provide HR Strategy, benefit selection, HR System implementations and improvements, and enhancement support and marketing of benefits to existing and potential employees.

Monthly Base Fee - $250/monthly 

HR Hotline - $135/hourly as needed 

*Client agrees to, up to 10 hours for an initial review of systems, documentation and compliance review for policies and procedures. Additional hours may be needed based on consultants recommendations and/or the clients specific needs and goals. 

Consultant Responsibility

Productivity is defined by demonstrating that the consultant is able to manage expectations and tasks, provide excellent communication with the client, maintain professional support within the parameters of this agreement and the ability to show work as requested. The consultant is expected to be available to the client upon specific request for meetings by the client, based on mutually scheduled time. All information will be confidential per the terms of the Client Consulting Agreement.

Place of Work

Work is to be performed at consultants location and schedule, using the consultants resources, with productivity being the key indicator of success.  

Terms of Agreement

The following are terms of the agreement as designated between client and consultant:

  • Power3 Solutions agrees to perform the above mentioned Statement of Work with a commitment of one (1) year for.
  • The client agrees to notify Power3, in writing, if an improvement to our services is requested, and allow Power3 thirty (30) days to make adjustments and show improved performance on such requests.
  • Hours are per week and monthly total hours may vary slightly depending on timing of weeks and or days within a given month.
  • Power3 may make staffing changes to the consultant providing services with the understanding that there will not be a break in service.
  • Any changes to the terms in this agreement require written notice to Power3 Solutions and may be subject to a fourteen (14) day notice prior to taking effect.

Payment Terms

Power3 payment terms are as follows:

  • Invoices will be sent on a monthly basis, within five (5) calendar days of the first day of each month.
  • Client is required to pay Consultant Firm within 15 days of receipt of monthly invoice (Net15).
  • Rates for services are subject to change, Client will be given a 30 day notice of a pending rate change.
  • Should the Client terminate without allowing Power3 to complete the contract per the terms agreed of a 14 day notice, Power3 will charge the full 14 days of service on the final invoice.
  • A final invoice will be sent within three (3) days of the last day of performance.
  • Client will have the option to submit payment directly through our invoice portal, set up an ACH, or wire transfer payments.
By checking this box, I am confirming that I would like Power3 HR Hotline support for a Subscription fee of $250 and for an hourly rate of $135 for work performed..
I confirm that by entering my name below I am signing a binding agreement with Power3 Solutions, LLC, effective on the date provided above.
Name
Name
First
Last
HR Project Support
I acknowledge that the approved budget is not an estimate, it is the amount that I approve for work to be performed and any additional budget requirements to fulfill the project must be requested in writing.

HR Project Support

The client will define the project parameters that they need HR support for, such as implementing a system, writing a handbook, performing compliance audit, etc.

Client Responsibility

Client agrees, as requested, to provide Information required to allow HR to successfully perform the work as required. This may require access to sensitive and/or proprietary information. Please see our Client Acknowledgement form to review privacy, non-disclosure, and confidentiality terms. 

Hourly rate $200/hour 

Consultant Responsibility

Productivity is defined by Project completion. Power3 will set up a project timeline and implementation plan to communicate expectations.

Place of Work

Work is to be performed at consultants location and schedule, using the consultants resources, with productivity being the key indicator of success.  

Terms of Agreement

The following are terms of the agreement as designated between client and consultant: 

  • Power3 Solutions agrees to perform the above mentioned Statement of Work.
  • The client agrees to notify Power3, in writing, if an improvement to our services is requested, and allow Power3 thirty (30) days to make adjustments and show improved performance on such requests. 
  • Power3 may make staffing changes to the consultant providing services with the understanding that there will not be a break in service.
  • Any changes to the terms in this agreement require written notice to Power3 Solutions and may be subject to a fourteen (14) day notice prior to taking effect.

Payment Terms

Power3 payment terms are as follows: 

  • Invoices will be sent on a monthly basis, within five (5) calendar days of the first day of each month.
  • Client is required to pay Consultant Firm within 15 days of receipt of monthly invoice (Net15). 
  • Rates for services are subject to change, Client will be given a 30 day notice of a pending rate change. 
  • Should the Client terminate without allowing Power3 to complete the contract per the terms agreed of a 14 day notice, Power3 will charge the full 14 days of service on the final invoice. 
  • A final invoice will be sent within three (3) days of the last day of performance.  
  • Client will have the option to submit payment directly through our invoice portal, set up an ACH, or wire transfer payments. 
By checking this box, I am confirming that I would like Power3 HR Project support for a Subscription fee of $250 and for an hourly rate of $135 for work performed..
I confirm that by entering my name below I am signing a binding agreement with Power3 Solutions, LLC, effective on the date provided above.
Name
Name
First
Last
Proposal Support Services
Please select the type of support you need for your proposal effort (Choose all that apply):
Power3 will determine if this budget is realistic and make recommendations accordingly, subject to client approval.  Power3 will determine how it is allotted amongst the consultant types selected. The nature of proposal work makes it hard to predict, and we will work within the approved budget. Contract and budget approval modifications can be made in writing, and Power3 will monitor and communicate budget usage over the course of the proposal support.

This support may be subject to change dependent upon variables such as extensions, requirement changes, client and/or teaming partner requests, and other unforeseen circumstances, however Power3 Solutions will not exceed the budget hours without written and signed agreement from both parties. Power3 Solutions may re-allot time as needed based on resources and management requirements, however it will not exceed the budget value of the allotted time (for example, if a standard proposal writer takes on more work than a senior writer, we will adjust the hours based on the dollar value of the time transferred).   Should the client choose not to increase the allotted time once the budget has been met, Power3 will provide all materials, information and resources to the client to complete accordingly.  Our services are intended to fulfill the expectations of a qualified professional performing the work on an hourly basis and do not constitute a guarantee of award outcome.

Services:

  • Leverage client in exposure, research and market opportunities with Government Agencies
  • Lead responses to business opportunities (RFP/RFI/SSN/RFQ)
  • Liaison between business partners and teaming relationships
  • Identify key resources to create proposal response team including internal and external   resources as required, subject matter experts, etc
  • Interpret RFP requirements and implement in proposal
  • Create timelines and targets/goals
  • Establish and maintain Sharepoint collaboration tools (Tools to be provided by Client, unless otherwise requested at cost)
  • Delegate tasks to contributors and oversee completion
  • Conduct regular status meetings, report status updates
  • Support business development and capture strategies developed pre-RFP to ensure alignment with goals and objectives.
  • Manage needs, resources, and obstacles for proposal team
  • Guide review teams through color stages
  • Coordinate with team on Proposal Timeline and schedule of delivery
  • Ensure compliance requirements are met
  • Identify additional team members as needed to contribute to proposal
  • Provide proposal services including proposal writing, desktop publishing, editing and graphics.

Client Responsibility

Client will identify project deadlines and deliverables. Client acknowledges and agrees to pay their invoice based on the consultant's time worked. This time is not limited to meetings, prep work or content review.

Consultant Responsibility

Productivity is defined by demonstrating that the consultant is able to manage expectations and tasks, provide excellent communication with the client, maintain professional support within the parameters of this agreement and the ability to show work as requested. The consultant is expected to be available to the client upon specific request for meetings by the client, based on mutually scheduled time. All information will be confidential per the terms of the Client Consulting Agreement.  

Place of Work

Work is to be performed at consultants location and schedule, using the consultants resources, with productivity being the key indicator of success.

Terms of Agreement

The following are terms of the agreement as designated between client and consultant: 

  • Power3 Solutions agrees to perform the above mentioned statement of work on a PROJECT basis for a term of TBD/based on RFP. 
  • Should the statement of work be adjusted to fulfill modifications as necessary, this shall be updated if it impacts the timeline, effective due dates, budget or performance deliverables.
  • The client agrees to notify Power3, in writing, if an improvement to our services is requested, and allow Power3 the opportunity to make adjustments and show improved performance on such requests.
  • Power3 may make staffing changes to the consultant providing services with the understanding that there will not be a break in service.
  • Any changes to the terms in this agreement require written notice to Power3 Solutions and may be subject to a fourteen (14) day notice prior to taking effect.

Payment Terms

Power3 payment terms are as follows: 

  • Invoices will be sent on a monthly basis, within five (5) calendar days of the first day of each month.
  • Client is required to pay Consultant Firm within 15 days of receipt of monthly invoice (Net15). 
  • Power3 Solutions will charge a flat rate one time initial setup fee of $400, that will be included in the first invoice.
  • Rates for services are subject to change, Client will be given a 30 day notice of a pending rate change.
  • A final invoice will be sent within three (3) days of the last day of performance.
  • Client will have the option to submit payment directly through our invoice portal, set up an ACH, or wire transfer payments.
By checking this box, I am confirming that I would like Power3 Proposal Services as selected above:
I confirm that by entering my name below I am signing a binding agreement with Power3 Solutions, LLC, effective on the date provided above.
Name
Name
First
Last

Contract Management - $135/hour 

Consultant(s) will act as a dedicated Contract Manager to support the Client in all aspects of contract administration and management.  Contract Management services may include the following: 

  • Effectively and successfully manages vendor, service provider, supplier, and customer contracts.
  • Prepare and execute NDAs, Subcontract and Teaming Agreements.
  • Participates in negotiating terms and conditions for numerous types of agreements and contracts (e.g. Non-Disclosure Agreements, Teaming Agreements, Purchase Orders, Subcontracts, Joint Ventures, etc.).
  • Serve as an effective advisor and partner to the program managers and other business functions on contractual matters.
  • Researches, analyzes and makes recommendations relative to contracts, procurement, and related laws and regulations (including but not limited to FAR, DFARS, contract clauses and requirements).
  • Coordinate with accounting and finance department in administering subcontract invoicing and payments, job cost management and closeout process.
  • Support the Delivery Team in the administration of the companies GSA Schedules, GWACs, IDIQs, MACC and BPAs
  • Develop and maintain procurement files, including monitoring and tracking subcontractor deliverables.
  • Maintains detailed and organized files for contracts, which will generally include the original contract, correspondences, authorizations, changes/deviations, amendments, clarifications, payment schedules, etc.
  • Ensures that the company is in compliance with contractual and legal requirements, owner specifications, and government regulations.
  • Prepares and disseminates information to appropriate employees regarding contract status.
  • Identifies, analyzes and mitigates risk, while working to ensure business goals are achieved.
  • Requests amendments or modifications to contracts as required.

Client Responsibility

The client is responsible for providing necessary information and access. Please seen confidentiality terms in our agreement.

Performance

Productivity is defined by demonstrating that the consultant is able to manage expectations and tasks, provide excellent communication with the client, maintain professional support within the parameters of this agreement and the ability to show work as requested. The consultant is expected to be available to the client upon specific request for meetings by the client, based on mutually scheduled time. All information will be confidential per the terms of the Client Consulting Agreement.  

Place of Work

Work is to be performed at consultants location and schedule, using the consultants resources, with productivity being the key indicator of success.  

Terms of Agreement

The following are terms of the agreement as designated between client and consultant: 

  • The selected services are performed on an as needed basis for a term of per project/request.
  • The client agrees to notify Power3, in writing, if an improvement to our services is requested, and allow Power3 thirty (30) days to make adjustments and show improved performance on such requests. 
  • Hours are per week and monthly total hours may vary slightly depending on timing of weeks and or days within a given month. 
  • Power3 may make staffing changes to the consultant providing services with the understanding that there will not be a break in service.
  • Any changes to the terms in this agreement require written notice to Power3 Solutions and may be subject to a fourteen (14) day notice prior to taking effect.   

Payment Terms

Power3 payment terms are as follows: 

  • Invoices will be sent on a monthly basis, within five (5) calendar days of the first day of each month.
  • Client is required to pay Consultant Firm within 15 days of receipt of monthly invoice (Net15). 
  • Rates for services are subject to change, Client will be given a 30 day notice of a pending rate change. 
  • Should the Client terminate without allowing Power3 to complete the contract per the terms agreed of a 14 day notice, Power3 will charge the full 14 days of service on the final invoice. 
  • A final invoice will be sent within three (3) days of the last day of performance.  
  • Client will have the option to submit payment directly through our invoice portal, set up an ACH, or wire transfer payments.
By checking this box, I am confirming that I would like Power3 Contract Management Services as selected above:
I confirm that by entering my name below I am signing a binding agreement with Power3 Solutions, LLC, effective on the date provided above.
Name
Name
First
Last
Business Development and Capture
Business Development/Capture Management Options:
Business Development Options for Small Businesses
Business Development Options for Mid-size Business
Business Development Options for Large Business

Consultant(s) will act as dedicated Business Development Manager.  This includes the following:

  • Federal Market Analysis: Conduct thorough research and analysis of the federal government market to identify potential business opportunities, trends, and competitors. Stay updated on government policies, procurement processes, and regulations.
  • Business Strategy Development: Collaborate with senior management to develop and implement effective business development strategies, including target markets, customer segments, and competitive positioning and building relationships on behalf of the client.
  • Pipelining Opportunities: Identify and qualify new business opportunities within the federal government sector using a variety of forecasting, market research, SAM, and other resources to identify upcoming work that meets the defined goals of the client. This may involve actively prospecting, attending industry events, networking with key stakeholders, and maintaining relationships with existing clients to identify upsell and cross-sell opportunities.
  • Proposal Development: Lead the preparation, submission, and presentation of proposals, bids, and contract negotiations in conjunction with proposal writers and contract managers, where needed. Ensure compliance with all federal government regulations and requirements.
  • Relationship Management: Build and maintain strong relationships with key decision-makers, influencers, and industry partners in the federal government. Leverage these relationships to generate leads, secure contracts, and expand the organization's presence.
  • Collaboration and Teamwork: Collaborate with internal teams, such as marketing, legal, finance, and operations, to ensure alignment and support for federal business development initiatives. Coordinate cross-functional teams during the proposal development process.
  • Competitive Intelligence: Stay informed about the competitive landscape and market trends within the federal government sector. Monitor competitor activities, pricing strategies, and new market entrants. Use this information to adjust business strategies and differentiate the organization's offerings.
  • Power3 will utilize our own tools and resources as well as client tools and resources, where appropriate

Consultant Responsibility

Productivity is defined by demonstrating that the consultant is able to manage expectations and tasks, provide excellent communication with the client, maintain professional support within the parameters of this agreement and the ability to show work as requested. The consultant is expected to be available to the client upon specific request for meetings by the client, based on mutually scheduled time. All information will be confidential per the terms of the Client Consulting Agreement.

Place of Work

Work is to be performed at consultants location and schedule, using the consultants resources, with productivity being the key indicator of success.  

Terms of Agreement

The following are terms of the agreement as designated between client and consultant.

  • Power3 Solutions agrees to perform the above mentioned Statement of Work with a commitment of one (1) year.
  • Annual renewal will be automatic, Power3 will provide a reminder 30 days prior to the end of the term to notify client of renewal timeframe.
  • After the minimum service period, the client may terminate the agreement with a minimum of thirty (30) days written notice.
  • Hours are per week and monthly total hours may vary slightly depending on timing of weeks and or days within a given month.
  • Power3 may make staffing changes to the consultant providing services with the understanding that there will not be a break in service.
  • Any changes to the terms in this agreement require written notice to Power3 Solutions and may be subject to a thirty (30) day notice prior to taking effect.

Payment Terms

Power3 payment terms are as follows:

  • Invoices will be sent on a monthly basis, within five (5) calendar days of the first day of each month.
  • Client is required to pay Consultant Firm within 15 days of receipt of monthly invoice (Net15). 
  • Power3 Solutions will charge a flat rate one time initial setup fee of $400, that will be included in the first invoice.
  • Rates for services are subject to change, Client will be given a 30 day notice of a pending rate change.
  • Should the Client terminate without allowing Power3 to complete the contract per the terms agreed of a 30 day notice, Power3 will charge the full 30 days of service on the final invoice.
  • A final invoice will be sent within three (3) days of the last day of performance.
  • Client will have the option to submit payment directly through our invoice portal, set up an ACH, or wire transfer payments.
By checking this box, I am confirming that I would like Power3 Business Development/Capture Services as selected above:
I confirm that by entering my name below I am signing a binding agreement with Power3 Solutions, LLC, effective on the date provided above.
Name
Name
First
Last
Marketing and Branding
Social Media Marketing Options:
Newsletter or Blog Content
Client Management System Growth and Support (setup/maintenance/new leads)
If you selected Social Media Marketing: 

Includes accounts listed below and priced by the number of hours monthly

  • Includes cost of SocialPilot.co account ($50/month)
  • Identify target audience and build/invite followers for increased engagement
  • Develop content for social media posts on Facebook, Instagram, Twitter
  • Use hashtagging to optimize topic outreach
  • Build connections to target community groups, etc
  • Use polls and call-to-action options to gain activity
  • Provide monthly analytics to show followership, activity, and feedback on content
  • Boosting posts for advertisement on social media will be charge at an hourly rate.

If you selected Newsletter and Blog option: 

  • Create virtual or printable flyers
  • Building content for your newsletter or blog,
  • Building brand concepts
  • Facilitating printing/distribution

Client Responsibility

Client agrees to provide the following files and information relevant to their branding, when applicable:

  • Vector files of logo (PNG)
  • Fonts used (if any)
  • Any color codes not used in the logo
  • Graphics and icons used for business (i.e. WOSB, etc.)

If you selected CRM Support: 

  • Build CRM/client database with leads
  • Prepare and send regular communications
  • Make recommendations for client engagement
  • Gain reviews and referrals from existing/past associates as requested.

Consultant Responsibility

Productivity is defined by demonstrating that the consultant is able to manage expectations and tasks, provide excellent communication with the client, maintain professional support within the parameters of this agreement and the ability to show work as requested. The consultant is expected to be available to the client upon specific request for meetings by the client, based on mutually scheduled time.

Place of Work

Work to be performed at consultants location and hours, with productivity being the key indicator of success, however availability at the clients request is expected where possible.

Terms of Agreement

The following are terms of the agreement as designated between client and consultant:

  • The selected services are performed on an ongoing basis.
  • The client agrees to notify Power3, in writing, if an improvement to our services is requested, and allow Power3 thirty (30) days to make adjustments and show improved performance on such requests.
  • Power3 may make staffing changes to the consultant providing services with the understanding that there will not be a break in service.
  • Any changes to the terms in this agreement require written notice to Power3 Solutions and may be subject to a fourteen (14) day notice prior to taking effect.
  • Should the statement of work be adjusted to fulfill modifications as necessary, this shall be updated if it impacts the timeline, effective due dates, or performance deliverables.

Payment Terms

Power3 payment terms are as follows: 

  • Invoices will be sent on a monthly basis, within five (5) calendar days of the first day of each month.
  • Client is required to pay Consultant Firm within 15 days of receipt of monthly invoice (Net15).
  • Rates for services are subject to change, Client will be given a 30 day notice of a pending rate change.
  • A final invoice will be sent within three (3) days of the last day of performance.
  • Client will have the option to submit payment directly through our invoice portal, set up an ACH, or wire transfer payments.
By checking this box, I am confirming that I would like Power3 Marketing and Branding Services as selected above:
I confirm that by entering my name below I am signing a binding agreement with Power3 Solutions, LLC, effective on the date provided above.
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Web Design and Web Services 
Build a New Website
Website Improvement/Continuous Support Options
Web Hosting Services
Logo Design
Standard websites consist of design elements, written and visual content development, some animation capabilities, contact forms, basic payment options, and standard website functionalities for navigating etc.

Added features include eCommerce, memberships/member directories, employee or member portals, and anything else not included on the standard website list.

Continuous updates include any actions requested by client and/or suggested by us and accepted by client in writing. This is recommended to keep the website fresh and constantly updated instead of doing rebuilds every few years.

Added Features and As-needed updates are performed at a per hour basis of $135/hour if they are not part of an existing contract or maintenance plan.

SEO updates to existing sites require major overalls, and often it's recommended to work in tandem with a new build to ensure the best resources, platforms, plugins and functionality, however the SEO platform is a separate cost and can be performed on existing site typically.

Ongoing SEO support is useful in continuing to promote your site in google searches and gain traction as a high value site.

Our web hosting is a US-based AWS platform and is secure and provides for support and site maintenance including updates/patches on plugins and platforms, and general security actions.

Additional security web hosting  is ideal for defense/intelligence sector to provide VPN blocks and additional back-end security to protect from foreign actors.

Client Responsibility

Client agrees to supply a foundation of content to be included in the website. Client is responsible for providing vector files of logos, images and icons that are proprietary to the company and/or requested to be used on the website. Power3 will provide a google drive to drop them into. 

  • Web Design - paid in 2 installments 50% down, 50% prior to launch
  • Hourly Services - $135/hourly as needed

WEB HOSTING and Transfer (if selected):

  • On transfer, review themes/plugins for version and support to make recommendations for updates weekly backups of website, redundancy storage (local and remote locations)
  • Security monitoring
  • Uptime monitoring
  • Updates and maintenance of plugins, theme files, and main WordPress files
  • Premium version of Formidable Forms for dynamic and powerful forms
  • Paid version of the installed WordPress theme, and ongoing patches / updates
  • Troubleshooting when necessary
  • SSL Certificate installation, monitoring, and renewal
  • Web Server with 512 MB RAM, 1 vCPU, 20 GB SSD

Client Responsibility

Client agrees to provide the login credential access to the DNS server that hosts the client domain. The DNS/domain server will remain under the client's control to allow them to protect their proprietary domain. Power3 will be linking the website IP address from our web hosting service on AWS and is solely responsible for all functionality for the site within the AWS hosting environment that we own and control. Any issues that occur on the DNS/Domain server (i.e. GoDaddy) and/or the client's email server (i.e. gmail, outlook, etc) can be supported on an hourly rate as needed, upon request. The client owns and controls their own domain/DNS host and email provider and is responsible for ensuring it is active and paid for to avoid disruption of service and loss of domain ownership.

  • Should Power3 be required to make corrections outside the normal scope of Web Hosting tasks caused by Client, Client will be billed at the *hourly rate.
  • Should the Client choose to terminate their hosting services with Power3, an *hourly rate will be billed for the transition away from our platform.
  • Power3 is available, at the Clients request, to initiate web hosting to the platform of their choice, billed at an *hourly rate.

SECURITY OPTIONS:

Client has the option to have security measures employed to protect the website from foreign actors, and mitigate exposure to cyber threats. Within the current host platform, or in Power3’s AWS hosting platform, Power3 will:

  • Install firewalls on back end in addition to Wordpress Wordfence firewalls
  • Limit traffic with known VPN users that are foreign entities
  • Develop monitoring and alerts for any suspicious activity

ONGOING SUPPORT OPTIONS:

Our monthly Website Bundle allowing for regular updates, design and content improvements, and refinement.

SEARCH ENGINE OPTIMIZATION: 

Search Engine Optimization (SEO) is an ongoing process to keep your website at the top of search engines such as Google, so that your company receives the attention it deserves and targets your population effectively.  We research and implement best practices for optimizing as well as provide analytics and insights into performance.

Logo Design

Create polished logo based on client specifications, with 2 review/edit sessions and a series of up to 8 color options and a horizontal and vertical layout option in each color, with 3 file sizes for various use.  Price is per logo design. Client is responsible for providing any details, colors, images, etc that are to be used in creation of logos.

Consultant Responsibility

Productivity is defined by demonstrating that the consultant is able to manage expectations and tasks, provide excellent communication with the client, maintain professional support within the parameters of this agreement and the ability to show work as requested. The consultant is expected to be available to the client upon specific request for meetings by the client, based on mutually scheduled time. All information will be confidential per the terms of the Client Consulting Agreement.

Terms of Agreement

The following are terms of the agreement as designated between client and consultant:

  • Image and video files used to build the website may result in a charge to purchase and publish copyrighted photos for us on your website.  This amount will be included in your final payment.
  • Included in price: Web costs covers standard Plugin Licenses and Stock Images: $500
  • Any request for web functionality outside the standard plugins will be discussed with the client prior to any work being performed. An hourly rate may be charged.
  • Additional requests, change orders and client approved hours worked outside the scope of the project will be charged at an hourly rate.
  • Should the Client choose Power3 for web hosting, Power3 will provide support for issues at an hourly rate that don't fall under the scope of our design work.
  • Client will be notified, if at any time during the project additional time will be needed for corrections and or improvements that were not within the scope of the project.
  • Should the statement of work be adjusted to fulfill modifications as necessary, this shall be updated if it impacts the timeline, effective due dates, or performance deliverables.  Any modifications will be agreed upon in writing.
  • If through no fault of the consultant the client has not furnished all of the materials needed to complete the website by the final date of completion and the website is still not completed and published within 30 days of the final completion date, the final amount will be billed regardless of completion; Power3 will complete and publish the website at the time that the client provides any missing information and approvals within the parameters of the services defined in this agreement.
  • Power3 Solutions agrees to perform the above-mentioned statement of work on a project basis for a delivery date as negotiated upon review of project.

Payment Terms

Power3 payment terms are as follows:

  • First installment is due within 15 days of the date of signed agreement as an initial upfront payment of ½ of the total cost at which time the project will commence.
  • Second installment is due within 15 days once the Website is approved for launch.
  • Invoices for hourly services will be sent on a monthly basis, within five (5) calendar days of the first day of each month due within 15 days of receipt of monthly invoice (Net15). 
  • Rates for hourly services are subject to change, Client will be given a 30 day notice of a pending rate change.
  • Client will have the option to submit payment directly through our invoice portal, set up an ACH, or wire transfer payments.
By checking this box, I am confirming that I would like Power3 Web Design and/or Web Support Services as selected above:
I confirm that by entering my name below I am signing a binding agreement with Power3 Solutions, LLC, effective on the date provided above.
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CONSULTING SERVICES AGREEMENT

For valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows:

  1. Services. Power3 Solutions will provide certain consulting services ("Services") as set forth in any Statement of Work (each a "Statement of Work"), or, if applicable, a Change Order (each a "Change Order"), each of which will be attached as an Exhibit to and made a part of this Agreement and each shall specifically reference this Agreement.  A Change Order can be formally written in the Statement of Work, or by email as long as it is in writing and agreed upon by the appropriate authorized person(s) from each party to this agreement.
  1. Payment. Client will compensate Power3 Solutions in consideration of the Services by paying certain fees (the "Fees") and those necessary and reasonable out­-of-pocket expenses (the "Expenses") as set forth in each Statement of Work and/or Change Order. Power3 Solutions will invoice Client per the terms stated in the Statement of Work and, full payment will be due when payable per the terms of the Statement of Work.
  1. Term and Termination.

3.1 Term. This Agreement shall be in full force and effect on the Effective Date and shall continue thereafter until terminated by either party or until the expiration of any Statement of Work and/or Change Order executed hereunder. This agreement must be terminated based upon the terms provided (herein the effective date of such termination being referred to herein as the "Termination Date").

3.2 Termination. Client may terminate this Agreement at any time upon written notice to Power3 Solutions and will be terminated under the terms stated in the Statement of Work, and all amounts due hereunder are tendered by Client to Power3 Solutions per the terms of payment on the Statement of Work.  Either party may terminate this Agreement, any Statement of Work, or Change Order upon written notice to the other party, for such other party's failure to comply with any material term or condition of this Agreement, which failure is not cured within fifteen (15) days of receipt of the notice; provided, however that in the event that Client defaults in the payment of any amount due to Power3 Solutions under this Agreement, Statement of Work or Change Order pursuant to this Agreement, then Power3 Solutions may, by issuing written notice to Client, terminate this Agreement as of a date specified in the notice of termination, but in no event less than ten (10) business days from the date of the notice, provided Client does not cure such default within ten (10) business days of receipt of the notice.

3.3 Payment. In the event of any termination of this Agreement, Client is responsible for all obligations arising from Services delivered prior to the Termination Date, including: (i) payment of all Fees and Expenses incurred on a time and materials basis up to the termination date or (ii) payment of the pro rata portion of all Fees and Expenses to be paid on a fixed fee basis, with percentage of completion to be determined by  Power3 Solutions in its sole and absolute discretion.

  1. Continuous Acceptance. As Power3 Solutions completes discrete portions of the Services to be performed under any Statement of Work and/or Change Order wherein a specific and defined finished product is to be delivered, Power3 Solutions may deliver such portions to Client for review and acceptance. Such review will be for compliance with such discrete portion with the Statement of Work and/or Change Order. All such portions delivered will be deemed accepted by Client unless Client provides written notice of objection, within five (5) business days after delivery of such portions. The objection notice will include a reasonably detailed description of: (i) the grounds for the objection, and (ii) all changes requested by Client in order for such portions to be accepted by Client. In the event that Client provides a written notice of objection, Power3 Solutions and Client will promptly meet to negotiate the issues in dispute. Client acknowledges and agrees that any delay caused by the dispute shall postpone the delivery of the remaining Services for an equivalent period and any time schedule set forth in the applicable Statement of Work and/or Change Order shall be deemed amended accordingly. No such delay shall relieve or suspend Client's obligation to pay Power3 Solutions under Section 2 of this Agreement. All other services provided are considered ongoing support services and subject to continual evaluation rather than a specified delivered product.
  1. Change Orders. At any time prior to acceptance of Services pursuant to Section 4, Client may request a modification to such Services (each a "Modification"). In the event that Client requests a Modification, Client will give Power3 Solutions written notice which will describe in reasonable detail the requested Modification. Within ten (10) business days after the date of such written notice, Power3 Solutions will give Client a responsive written notice informing Client as to the effect of making the proposed Modification on the pricing and functional specifications, and schedule for completion of the Services (a draft "Change Order"). Within ten (10) business days after delivery to Client of any draft Change Order, the parties will finalize the Change Order. In the event that the parties do not reach agreement as to a Change Order within the ten (10) business days, Power3 Solutions will have the right, subject to Client's rights, to terminate this Agreement in accordance with Section 3 hereof, to proceed with the Services without incorporating the proposed Modification.
  1. Scope of Work. Client acknowledges that: (i) the scope of work to be performed by Power3 Solutions for the Fees specified in any Statement of Work will be limited to the Services specified in such Statement of Work, and (ii) all work other than as specified in a Statement of Work will be subject to further charge, pursuant to a Change Order or separate written agreement by and between Power3 Solutions and Client. There may be multiple Statements of Work under one agreement if the services performed are different in nature, each Statement of work is independent of the other.
  1. Confidential Information. Each party to this Agreement (each, a "Recipient") shall protect and keep confidential all non-public information ("Confidential Information") disclosed by the other party (each, a "Discloser"), whether or not it is marked or identified as "Confidential Information" by the Discloser, and shall not, except for the purposes of performing the Services to be provided hereunder, use or disclose any such Confidential Information without written permission from the other party. Confidential Information shall include, without limitation, computer programs, code, algorithms, know-how, methodology, policies, trade secrets, formulas, processes, ideas, inventions (whether patentable or not), schematics and other technical, business, pricing and fee schedules, financial and product development plans, customer lists, customer information (including but not limited to account numbers, account balances, account activity, tax or social security numbers, etc.) information regarding distribution channels, forecasts, and strategies.

    Upon termination or expiration of this Agreement, at Discloser's request Recipient shall return to Discloser all written materials that contain any Confidential Information. The obligations of confidentiality shall not apply to any information which: (i) was previously known to Recipient; (ii) is or becomes publicly available, through no fault of Recipient; (iii) is disclosed to Recipient by a third party having no obligation of confidentiality to Discloser; (iv) is independently developed by Recipient; or (v) is required to be disclosed as a matter of law.

  1. Ownership and License. This Section and/or any of its Subsections will apply to the terms of this Agreement, unless otherwise specified in any Statements of Work and/or Change Orders that become a part of this Agreement.

8.1   Ownership and license of Power3 Solutions Materials.

(a) In connection with the provision of Services hereunder, Power3 Solutions may provide certain materials and information proprietary to Power3 Solutions and provided or used by Power3 Solutions in the provision of Services, including, but not limited to, algorithms, software developed outside the scope of this Agreement, and other content provided by Power3 Solutions (collectively, "Power3 Solutions Standard Materials"). Client acknowledges that all right, title and interest in and to all Power3 Solutions Standard Materials is and remains the exclusive property of Power3 Solutions or its suppliers. Subject to Client's payment of all fees under the applicable Statement of Work and/or Change Order, Power3 Solutions hereby grants to Client a non-exclusive and non-transferable (except as set forth in Section 23) license to use and reproduce the Power3 Solutions Materials, as defined in Section 8.1 (b) below, solely for the internal business purposes of Client (including, in a publicly-accessible Web site).

(b) In connection with the provision of Services hereunder, Power3 Solutions may provide certain software components (the "Power3 Solutions Standard Components") to Client, which may be in source or object code form. Client acknowledges that all right, title and interest in and to all Power3 Solutions Standard Components and Power3 Solutions Standard Materials (collectively, "Power3 Solutions Materials") is and remains the exclusive property of Power3 Solutions or its suppliers. Client will not, and will not allow any employee or third party (i) to, copy, reverse engineer, modify, improve and/or create derivative works of, copy, reverse engineer, or retrieve or read all or any portion of the source code of the Power3 Solutions Standard Components, irrespective of the medium in which the Power3 Solutions Standard Components may be contained or embodied.  In the event that any employee or third party modifies, improves or creates derivative works from Power3 Solutions Materials, whether or not in violation of this Agreement, Client will cause all right, title and interest in and to such modifications, improvements and/or derivative works to be assigned to Power3 Solutions.

(c) Notwithstanding any ownership rights that Power3 Solutions may grant to Client, Client agrees that Power3 Solutions retains the right to re-use, distribute and license to any of its current and future Clients any of its Materials, proprietary know-how, ideas, concepts, methodologies, rapid prototyping processes, algorithms, routines, code, methods, processes, or similar information, however characterized, whether in tangible or intangible form, and whether used by Power3 Solutions in the performance of Services or not, at any time and without limitation.

8.2 Ownership and License of Client Materials.

(a) The parties acknowledge and agree that all right, title and interest in and to all materials and information supplied by Client for use in the delivery of the Services (all, collectively, "Client Materials") will be owned exclusively by Client. In addition, the Services will include reports, information, analysis, schematics, and surveys (all collectively, "Reports") which are created by Power3 Solutions for Client. All right, title and interest in and to all Reports will be owned exclusively by Client.

  1. Promotion. This Section and/or any of its Subsections will apply to the terms of this Agreement, only if it is specified in any Statements of Work and/or Change Orders that become a part of this Agreement.

9.1 Power3 Solutions Credit.  Notwithstanding any other provision in this Agreement which may suggest to the contrary, Power3 Solutions, with Client's separate review and approval, will have the right to include Client's name and logo in Power3 Solutions’ client list, marketing and advertising material, and press releases. 

9.2 Promotion.   Client agrees to allow Power3 Solutions to share publicly, the relationship with client, giving Power3 Solutions the right to reproduce, display and otherwise use the trademark, logo and/or trade name of Client, solely in connection with advertisement and promotion of the products and services of Power3 Solutions. Power3 Solutions will have the right to make reasonable use of the results of the services, including, but not limited to, a case study profiling the Client, the use of still photographs of and/or screen captures from any component, and to make demonstrations of executable versions of any component, to the extent that such use does not reveal the Confidential Information of Client, for Power3 Solutions internal use and for reasonable promotion of the business of Power3 Solutions in accordance with customary industry promotional practices; provided, however that Power3 Solutions will not make any use which implies endorsement or sponsorship of Power3 Solutions by Client. 

  1. Representations and Warranties.

10.1 Client.  Client hereby represents and warrants as follows:

(a) Client will own or will have obtained from the owners the right to use, the Client Materials used in the Services project as defined in the Statement of Work, and use of the Client Materials by Power3 Solutions will not violate any applicable law, regulation, rule or order, or infringe upon or violate the rights of any third party. No Client Materials will: (i) contain any defamatory, obscene, indecent, or offensive material; or (ii) invade the right of privacy or publicity of any person.

(b) Client has the authority to enter into this Agreement.

10.2 Power3 Solutions. Power3 Solutions hereby represents and warrants as follows:

(a) To the best of its knowledge, Services will not violate the proprietary rights of any third party, provided, however, that Power3 Solutions’ expressly disclaims any warranty relating to any such infringement resulting from Power3 Solutions's use of Client Materials, and provided, further, that the foregoing warranty shall not apply where Client or its agents make modifications to any aspect of the results of the Services.

(b) Power3 Solutions has the authority to enter into this Agreement.

10.3 Disclaimer. POWER3 SOLUTIONS GIVES AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OTHER THAN THAT EXPRESSLY SET FORTH IN THIS SECTION 10. NO REPRESENTATIVE OF POWER3 SOLUTIONS IS AUTHORIZED TO GIVE OR MAKE ANY OTHER REPRESENTATION OR WARRANTY OR MODIFY THE WARRANTY PROVIDED HEREIN IN ANY WAY. WITHOUT LIMITING THE FOREGOING DISCLAIMER, NO IMPLIED WARRANTY OF MERCHANTABILITY, NO IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, AND NO IMPLIED WARRANTY ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE IS GIVEN OR MADE BY POWER3 SOLUTIONS OR SHALL ARISE BY OR IN CONNECTION WITH THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT, AND IN NO EVENT SHALL POWER3 SOLUTIONS HAVE ANY LIABILITY OR OBLIGATION WHATSOEVER IN CONNECTION WITH ANY SUCH WARRANTY. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION, ALL SERVICES, AND COMPONENTS PROVIDED BY POWER3 SOLUTIONS UNDER THIS AGREEMENT, INCLUDING CLIENT CUSTOM COMPONENT, PRODUCT, AND POWER3 SOLUTIONS MATERIALS ARE PROVIDED AS IS.

  1. Other Understandings Between the Parties. This Section and/or any of its Subsections will apply to the terms of this Agreement, only if it is specified in any Statements of Work and/or Change Orders that become a part of this Agreement.

11.1 Compliance With Laws.  Client will operate each component in full compliance with all applicable laws and regulations, including, but not limited to, laws or regulations relating to the use of personal information, whether obtained through observation or analysis of usage patterns (i.e., so-called "data mining") or otherwise. Client agrees to comply fully with all relevant export laws and regulations of the United States ("Export Laws") to assure that neither the Client Custom Components, Power3 Solutions Standard Components, or Power3 Solutions Materials nor any direct product thereof are (a) exported, directly or indirectly, in violation of Export Laws; or (b) are intended to be used for any purposes prohibited by the Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.

11.3 Security. Client will have the sole and exclusive responsibility for the security of all personal information submitted through any component, including, but not limited to, credit card and other sensitive information.

  1. Indemnification.

12.1 Indemnification by Power3 Solutions.  Power3 Solutions will indemnify Client and its officers, directors, employees, agents and affiliates from and against any and all suits, actions, claims, penalties, liabilities or obligations ("Claims") caused by: (i) Power3 Solutions Materials used by Client in the course of the Services consistent with the terms of this Agreement (ii) a breach of any representation or warranty made by Power3 Solutions in this Agreement or any Statement of Work, or Change Order pursuant to this Agreement, or (iii) its use of the other party's confidential information. Client will give Power3 Solutions prompt notice of each such Claim and reasonable cooperation in connection with the defense of each such Claim. Sole control of defense and/or settlement of each such Claim will reside with Power3 Solutions.

12.2 Indemnification by Client. Client will indemnify Power3 Solutions and its officers, directors, employees, agents and affiliates from and against any and all Claims caused by: (i) a breach of any representation or warranty made by Client in this Agreement or in any Statement of Work, Change Order pursuant to this Agreement, (ii) additions or alterations by Client to Power3 Solutions Materials, or (iii) its use of the other party's confidential information. Power3 Solutions will give Client prompt notice of each Claim and reasonable cooperation in connection with the defense of each Claim. Sole control of defense and/or settlement of each such Claim will reside with Client.

  1. Effect of Termination.

13.1. Termination of Agreement.  Upon any termination of this Agreement: (i) all Statements of Work and/or Change Order will automatically terminate, effective as of the date of termination of this Agreement; (ii) Power3 Solutions will have the right immediately to cease the provision of all services under this Agreement and any Statements of Work and/or Change Order, including, but not limited to, the display and maintenance by Power3 Solutions of any portion of any Component consisting of Web site pages on behalf of Client; (iii) each party will return to the other all materials embodying or disclosing the Confidential Information of such other party; and (iv) Client will promptly pay Power3 Solutions for all work performed by Power3 Solutions as set forth in Section 3.3 hereof.

13.2 Termination of Statement of Work and/or Change Order. Upon any termination of any Statement of Work and/or Change Order prior to the end of its term, without termination of this Agreement, each party will have the same rights and obligations with respect to the work to be performed and the Confidential Information exchanged under such Statement of Work and/or Change Order as are set forth in clauses (ii) through (iv) of Section 13.1.

13.3. Return of Materials. Upon any termination of this Agreement or any Statement of Work and/or Change Order by Power3 Solutions, Client will promptly return to Power3 Solutions each component and all Power3 Solutions Materials delivered to Client under this Agreement or the applicable Statement of Work and/or Change Order, as the case may be, for which payment has not been received; and Client's license rights will terminate with respect to such components and Power3 Solutions Materials.

  1. Non-Solicitation. Both the Client and Consulting Firm agree that except as may otherwise hereafter be agreed in writing, both parties shall not directly or indirectly, individually, or together with, or through any other person, firm, corporation, or entity: (i) during and for six (6) months after the term of this Agreement, in any manner, approach, counsel, or attempt to induce any person or candidate provided by their assigned Consultant with Power3 and employed by, or in the process of being employed by the client, provided, however, that nothing herein shall prohibit a Party from hiring any such individual who, without any encouragement, direction, or request of or from the hiring Party, has (a) sought employment with the hiring Party in response to general recruitment activities (such as mass media advertisement and job fairs) of the hiring Party, or (b) otherwise sought employment with the hiring Party on his or her own initiative after the business relationship has been terminated.
  1. Limitation of Liability.

15.1 Consequential Damages. In no event shall either party to this Agreement have any liability, obligation or responsibility for any indirect, incidental, consequential, special, punitive or exemplary damages, or damages for loss of profits, revenue, data or use, arising in any way in connection with this Agreement, including, but not limited to, damage to property, injury to persons, lost profits, or delays or inconvenience, even if such party has been advised of the possibility of such damages.

15.2 Cap on Liability.  To the maximum extent permitted by applicable law, Power3 Solutions's liability for damages hereunder shall not exceed the amount of the fees paid by Client to Power3 Solutions under the applicable Statement of Work from which such claim arises.  This cap on liability does not extend to claims regarding errors, omissions or willful negligence in areas of performance that are under the control of Power3 and within the scope of the services being performed.  

15.3 Filing Period.  No action, regardless of form, arising out of the transactions contemplated by this Agreement may be brought by either party more than one year after the cause of action has arisen, except that any action for non-payment may be brought within three (3) years after the date of the last payment or the date of the last invoice, whichever occurred later.

  1. Injunctive Relief. The parties agree that any breach of the provisions of this Agreement relating to intellectual property rights, confidentiality or indemnification will cause the aggrieved party irreparable harm, and that such party will be entitled to injunctive relief for such unauthorized use or breach, in addition to such other rights and remedies as may be available to it.
  1. No Third Party Beneficiaries. Nothing contained in this Agreement will be deemed to create, or be construed as creating, any third-party beneficiary right of action upon any third party.
  1. No Breach Without Notice. Except as otherwise set forth herein, neither party shall be deemed to be in material breach of any of its obligations under this Agreement unless and until the other party has given written notice of the nature of such breach, and the breaching party has failed to cure such breach within twenty (20) days after receipt of such written notice.
  1. Delays. Neither party shall be liable for delays caused by fire, accident, labor dispute, war, insurrection, riot, act of government, act of God, or any other cause reasonably beyond its control; but each party shall use all reasonable efforts to minimize the extent of any such delay. Power3 Solutions shall not be liable to Client (or Client's customers) for any delay in performance or any failure in performance hereunder caused in whole or in part by reasons beyond the control of Power3 Solutions or resulting from Client's failure to furnish Client Materials in a timely manner.
  1. Insurance. Power3 Solutions shall maintain at its own expense such insurance as will protect Client from claims for damage for bodily injury, including death, and for property damage which may arise from Power3 Solutions activities under this Agreement for Services at the address of Client set forth on Statement of Work and/or Change Order, whether such activities are performed by Power3 Solutions or by any subcontractor or anyone directly or indirectly under their control.  (1) Workers’ Compensation Insurance in compliance with the Workers’ Compensation.  (2) Comprehensive General Liability Insurance with limits of liability of $1,000,000 dollars. Upon request, Power3 Solutions agrees to provide evidence of such insurance to Client.
  1. Late Payments. Interest on Late Payments; Costs of Collection. Invoices are due by the Net date as agreed in the Statement of Work. A late fee of 10% shall be applied monthly, until the balance is satisfied on any amounts due Power3 Solutions that are not paid per the terms agreed on the SOW. Client shall be responsible for any and all costs of collection incurred by Power3 Solutions with respect to amounts due from Client under this Agreement for Services, including, without limitation, for attorneys' fees, and costs, including the costs, fees and expenses of experts.
  1. Independent Contractors. The parties hereto are independent contractors. Nothing in this Agreement shall be deemed to create any form of partnership, principal-agent relationship, employer-­employee relationship, or joint venture between the parties hereto.
  1. Assignment. Neither party may assign or subcontract its rights or obligations hereunder (except to subsidiaries or affiliates) without prior written consent of the other party, which consent will not be unreasonably withheld.
  1. Waiver. Neither party shall be deemed to have waived any provision hereof unless such waiver is in writing and executed by a duly authorized officer of the waiving party. No waiver by either party of any provision hereof shall constitute a waiver of such provision on any other occasion.
  1. Separability.  The invalidity or unenforceability, in whole or in part, of any provision, term, or condition hereof shall not affect the validity or enforceability of the remainder of such provision, term or condition or of any other provision, term, or condition.
  1. Survival. The terms and provisions of Sections 2, 3, 7-9, 10.3, 11-18, and 23-31 shall survive expiration or termination of this Agreement by any party for any reason.
  1. Governing Law. This Agreement will be governed by and is construed in accordance with the internal laws of the State of Maryland without regard to its rules concerning conflicts of laws. Exclusive venue for any action brought in connection with this Agreement shall be the courts of the State of Maryland.
  1. Captions. Captions of the sections of this Agreement are for reference purpose only and do not constitute terms or conditions of this Agreement, nor shall they limit or affect the terms and conditions hereof.
  1. Entire Agreement. This Agreement and any incorporated Statements of Work, and Change Orders constitute the entire agreement between Client and Power3 Solutions. In the event that any provisions in any incorporated Statements of Work or Change Orders are in conflict with, inconsistent with, in addition to, or otherwise different from the provisions in this Agreement, the provisions in this Agreement shall prevail over any such conflicting provisions. This Agreement may not be amended unless such amendment is in writing and signed by both parties hereto.
  1. Notices. All notices and other communications in connection with this Agreement shall be in writing via Email and shall be deemed to have been received by a party when acknowledgement of receipt is made.  
  1. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
I confirm that by entering my name below I am signing a binding agreement with Power3 Solutions, LLC, effective on the date provided above.
I certify that I am authorized to sign on behalf of the company (heretofore 'Client') and acknowledge that Power3 Solutions has the right to review and modify this contract prior to acceptance. Once they return a copy signed by a representative of their company, the contract is considered binding.
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